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 7, 2019
Hearing Date: March 5, 2019
Project Name & File Number: Rackham Subdivision H-2019-0005 MDA
Applicant: BVA Development
Property Location: 1020 S. Eagle Road
Application Request:
Modification to the terms of the previously required Development Agreement for Langly/Power Mall to update the
development plan for the site 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-2019-0005
Project Name: Rackham Subdivision
Request: Modification to the terms of the previously required Development Agreement for
Langly/Power Mall to update the development plan for the site and associated provisions,
by BVA Development.
Location: The site is located at 1020 S. Eagle Rd., in the SW ¼ of Section 16, Township 3N., Range
1E.
of
(E IDIAN
Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONL r'
Project name,
File number(s):_� �ZO(Q, ooa
Assigned Panner: S0,0I en Related files:
Type of Review Requested (check all that apply)
❑ Accessory Use (check only l)
❑ Final Plat Modification
❑ Daycare
❑ Landscape Plan Modification
❑ Home Occupation
O 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
O Variance
0 Development Agreement Modification SupplemelflDI M
❑ Final Plat
Applicant Information
Applicant name: BVA Development Phone: 208.616.1050
Applicant address: 2775W. Navigator Dr. 4th Floor Email Rob@Horrocks.com & Tommy@bvadev,com
City: Meridian State: ID Zip: 83642
Applicant's interest in property: ❑ Own ❑ Rent M Optioned ❑ Other
Owner name: Idaho Central Credit Union/ BVA Development Phone:
Owner address: 27-75.W- Navigator Dr. 4th Floor Email: tnmmv bvadev.enm
City: Meridian State: ID Zip: 83642
Agent/Contact name (e.g., architect, engineer, developer, representative): Developer Representative
Firm name: Geoffrey M Wardle Phone: 208.388,3321
251 E. Front Street #200 Wd1UIClW—bP1IIKDUU@rxQ[TI a
Agent address: Emai : rnbprta.ct .wadChorrocks.com
City: Boise State: ID Zip: 83702
Primary contact is: [--]Applicant ❑ Owner 13 Agent/Contact Geoff Wardle and Roberta Stewart
gwardle@spinkbutler.com & roberta.stewart@horrocks.com
Subject Property Information
'Location/street address: 1020 S. Eagle Road Township, range, section: T3N, R 1 E, Sec. 16
Assessor's parcel number(s): S 1116325510 Total acreage: 51.59 Zoning district: C_G
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 t+'ww.mcridi;jncity.orWpliinninc
-1 Rew(2121201821712018)
Project/subdivision name: Rackham Subdivision
General description of proposed project/request: Mixed Use project with hotel, office buildings,
restaurants& recreation facility
Proposed zoning district(s): C -G
Acres of each zone proposed: 52
Type of use proposed (check all that apply):
❑Residential Ll Office IR Commercial U Employment ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development? Owner
Which irrigation district does this property lie within? Nampa Meridian Irrigation Dist, Precinct 1
Primary irrigation source: Barker Lateral Secondary: Domestic / City
Square footage of landscaped areas to be irrigated (lfprimary or secondary point ofconnection is City water): -2M0D0
Residential Project Summary (if applicable)
Number of residential units: N/A 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):
Minimum property size (0):
Gross density (Per UDC I1 -1A-1):
Acreage of qualified open space:
Maximum building height:.
Average property size (s.f.):
Net density (Per UDC 11-1A-1):
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 ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots: 20 Common lots: None Other lots: None
Gross floor area proposed: TBD Existing (if applicable): N/A
Hours of operation (days and hours): TBD Building height: TBD
Total number of parking spaces provided: T13E) Number of compact spaces provided: TBn
Authorization
Print applicant name:
Applicant signature:.
Community Development m Planning Division o 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 v_w%v_meridiancir.orlannin�,
-2- Rev; (1/7/1018)
0.
S PQ � N K H1 B U T L E R _J
ATTORNEYS AT LAW GEOFFREY M. WARDLE
208.388.3321
GWARDLE@SPINKBUTLER.COM
January 31, 2019
Bill Parsons
Planning Supervisor, Current Planning Group
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
RE: Supplemental Submittal in Support of Development Agreement Modification
SB Matter No.: 23597.5
Dear Bill:
On behalf of our client, BVA Development, LLC, we make this supplemental submittal
in support of application for modification to a development agreement, relating to the
approximately 52 acres located at the southeast corner of Eagle Road and Interstate 84.
As you know, Idaho Central Credit Union, an Idaho chartered credit union ("ICCU"),
currently owns the property located at the southeast corner of Eagle Road and Interstate 84,
consisting of approximately 52 acres ("Property"). BVA Development, LLC, an Idaho limited
liability company ("Applicant") is the contract purchaser of a portion of the Property and is
providing development services to ICCU. ICCU desires to construct an office building on the
Property as its corporate center ("ICCU Building") and the Applicant intends to develop a
mixed-use commercial project on the remainder of the Property ("Project"). The ICCU Building
will be approximately 125,000 square feet of office space, over five floors, anchored by ICCU
which will consolidate various operations at this site. The ICCU Building is the first phase of
development and will anchor the Project.
The Applicant initially submitted a preliminary plat and development agreement
application for the property as Rackham Subdivision, however, due to ongoing review and
revisions to the traffic study requested by ACHD for the larger Project, it is our understanding
that Meridian has not yet begun to process that application. We continue to work with ACHD
on integration of site access to and through the Property from its existing network. Additional
information has been provided to ACHD for the changes to the larger Project, as well as
modifications to the public and private roadway systems.
Thereafter, the Applicant submitted the development agreement modification
application, dated January 10, 2019, on or about January 14, 2019. This submittal is to follow up
and supplement our prior request for that development agreement application for the reasons
set forth below.
MICHAEL T. SPINK JOANN C. BUTLER T. HETHE CLARK GEOFFREY M. WARDLE TARA MARTENS MILLER
251 E FRONT ST • SUITE 200 • PO BOX 639 • BOISE. IDAHO 83701 • 208.388 1000 - FAX 208.388.1001 - SPINKBUTLER.COM
January 31, 2019
Bill Parsons, City of Meridian
Page 2
A. Request
In recognition of the overall size of the Property, the requirements of the UDC, and the
specific scope of development for the ICCU Building, we respectfully request that the City
Council take the following actions in approving this application:
1. Approve the proposed development agreement in the form attached hereto as
Exhibit A, superseding and replacing the original 1995 project site plan and conditions of
approval described below, subject to inclusion of the agreed upon conditions of approval and
the approved Project site plan. The attached draft development agreement has been based
upon that adopted by the City in conjunction with MDA H-2015-0024, but has been revised to
reflect the specific elements of this Project, and to further incorporate legal and statutory
changes to the form that should have been incorporated in light of the procedural history of this
site. We recognize that finalizing and recording the of development agreement will likely take
additional time that will impact the 2019 construction season if the following additional actions
are not simultaneously authorized in advance of recording the development agreement.
2. Based upon the current zoning and the requirements of the UDC, we believe it
appropriate that a certificate of zoning compliance ("CZC") can be issued for the development
of the ICCU Building independent of any other action or requirement. Issuance of the CZC is
appropriate as the Property constitutes a single parcel, the ICCU Building will satisfy all
dimensional requirements under the UDC, and this type of use is permitted within the C -G
zoning designation. As such, we request issuance of a CZC for the ICCU Building following
approval of the proposed development agreement, but prior to the recording of the
development agreement.
3. Simultaneously with the submittal and approval of a CZC, the Applicant desires
to submit the ICCU Building for design review approval. Again, in light of the underlying
zoning and other dimensional requirements, we do not anticipate any issues that would
preclude issuance of design review approval, prior to the recording of the development
agreement.
4. Contemporaneously therewith, we would request the ability to apply for a
building permit for the ICCU Building and that the building permit be processed and issued in
the normal course. The Applicant and ICCU would be amenable to restricting issuance of a
certificate of occupancy to the recording of the development agreement and the final plat for the
property.
In light of the fact that ICCU and the Applicant are seeking to develop property that has been
long zoned C -G, that the ICCU Building complies with the UDC and that the proposed site plan
at present contemplates a mixture of uses that are all existing permitted uses under the UDC,
we respectfully request approval of the foregoing.
January 31, 2019
Bill Parsons, City of Meridian
Page 3
B, Background
ICCU is desirous to commence construction of the ICCU Building. Such a use is a
permitted use under the Meridian UDC. The Property consists of a single parcel and is
accessible by two public roadways, S. Silverstone Way and S. Rackham Way.
We understand that it is Staff's position that due to the language of the conditions of
approval of the 1995 annexation and zoning of the Property, that a development agreement is
required at this time. In furtherance of that, we have made the requested application for the
modification of the development agreement and drafted a proposed development agreement.
When the Property was originally annexed as part of a larger parcel, the City
determined in its original 1995 Findings of Fact and Conclusions of Law ("1995 Findings"),
"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". The result was
that the Property was annexed into the City in 1995 pursuant to the 1995 Findings, was zoned
C -G General Retail and Service Commercial, but that no development agreement was ever
executed because no preliminary plat for the Property was ever submitted.
The defects in the 1995 process are now obvious to everyone. The purpose of this
application is to replace the 1995 Findings with those that reflect the Project proposed herein.
We understand Staff's position that even though there is no development agreement in
existence, that a modification of the development agreement is required. In visiting with Staff,
the Applicant has been directed to provide further analysis of the relevant codes and standards
relating to this project, which this supplemental submission seeks to satisfy; specifically,
consideration of the Comprehensive Plan as it applies to this application.
C. Analysis of Meridian's Comprehensive Plan
While Staff has generally been supportive of what we have provided to date, we are
concerned that there has been a concerted attempt by the City to elevate its comprehensive plan
above its zoning ordinance. Staff has repeatedly asserted that notwithstanding the current
zoning of the Property, enacted in October 1995, the Applicant must come forward with a
dense multifamily element to the project to satisfy the consideration set forth in the
Comprehensive Plan, that "Residential uses should comprise a minimum of 10% of the
development area at densities ranging from six to 40 units/acre". City of Meridian
Comprehensive Plan, p. 31.
This position by Staff is bolstered by its actions regarding the application MDA H-2015-
0024; the City adopted the Staff Report, which it incorporated into and conditioned its approval
upon in its Decision and Order "per provisions in the Staff Report for the hearing date of
January 2016," See Exhibit B, at 0013. That Staff Report specifically identified the lack of a
development for the southern property that was part of the original 1995 annexation but then
imposed the following provision that "Because this site is part of a larger area that is also in the
January 31, 2019
Bill Parsons, City of Meridian
Page 4
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 to
the north to provide the mix of uses required in this area." See Exhibit B, at 0018.
It is important to note that the Property was zoned C -G by the City more than twenty-
three years ago, in October 1995. The Comprehensive Plan was adopted in April 2011. We do
not seek to create unnecessary conflict with Staff, the Council, or the City. We look forward to
an ongoing beneficial and cordial relationship with Staff, the Council, and the City as we
continue to pursue commercial development within meridian. However, requiring this Project
to incorporate multifamily elements is not consistent with the existing zoning. Conditioning
approval of a development agreement years after the fact upon acquiescing to such demand is
unreasonable and legally suspect. The uses proposed within the Project are permitted by right
within the C -G zone under the UDC; thus attempting to utilize the Comprehensive Plan to
impose additional obligations on the Project, which have not been codified, is not authorized by
Idaho law.
a. Relevant Provisions of Idaho Law Regarding Comprehensive Plans
The Local Land Use Planning Act requires decision makers to evaluate zoning districts
"in accordance with the policies set forth in the adopted comprehensive plan" Idaho Code 67-
6511(1) (initial creation of zoning districts); to "analyze proposed changes to zoning ordinances
to ensure that they are not in conflict with the policies of the adopted comprehensive plan"
Idaho Code 67-6511(2)(c)(amendments to zoning ordinances); and to evaluate whether a special
use permit should be granted "when it is not in conflict with the plan" Idaho Code 67-6512(a).
Interestingly, neither Idaho Code 67-6511A, authorizing the use of development
agreements, nor Idaho Code 67-6513, requiring the adoption of a subdivision plating ordinance,
contain similar language, ostensibly because the ultimate approved uses, authorized pursuant
to Idaho Code 67-6511 and 67-6512 have been addressed, as is the case here, independent of a
development agreement or a subdivision application.
In interpreting the language of "in accordance with" or "not in conflict with" Idaho's
courts have repeatedly held that a city cannot elevate its comprehensive plan to the status of a
zoning ordinance. In Urrutia v. Blaine County,134 Idaho 353 (1999), the Supreme Court
reviewed Blaine County's denial of a subdivision plat application that met all of the use and
dimensional standards of the Blaine County Code, because Blaine County found that the
application did not comply with the relevant comprehensive plan. Id. at 357. Recognizing that
the Blaine County code stated that subdivision applications shall "conform to the
Comprehensive Plan," the Court held that requirement merely requires the applications to
"generally comport[] with the overall goals of the comprehensive plan." Id at 358.
Ultimately, the Court held that:
It is to be expected that the land to be subdivided may not a
with all provisions in the comprehensive plan, but a more specific
analysis, resulting in denial of a subdivision application based
January 31, 2019
Bill Parsons, City of Meridian
Page 5
solely on non-compliance with the comprehensive plan elevates
the plan to the level of legally controlling zoning law. Such a
result affords the Board unbounded discretion in examining a
subdivision application and allows the Board to effectively re-
zone land based on the general language in the comprehensive
plan. As indicated above, the comprehensive plan is intended
merely as a guideline whose primary use is in guiding zoning
decisions. Those zoning decisions have already been made in this
instance and land subdivided into twenty -acre lots and used for
single family residences is specifically permitted in this
agricultural area.
Id at 358-59 (emphasis added).
Why did the Idaho Supreme Court rule this way? It did so because it had long
recognized that a comprehensive plan, including its land use map element, neither represent
nor establish present zoning uses. In Bone v. City of Lewiston, 107 Idaho 844 (1984), the Idaho
Supreme Court expressly held that a "city's land use map does not require a particular piece of
property, as a matter of law, to be zoned exactly as it appears on the land use map." Id at 850.
It did so, finding that there is
a large body of case law which states that comprehensive plans do
not themselves operate as legally controlling zoning law, but
rather serve to guide and advise the various governing bodies
responsible for making zoning decisions. See Theobald v. Board of
County Commissioners, Summit County, 644 P.2d 942,949
(Colo.1982); Barrie v. Kitsap County, 613 P.2d 1148,1152
(Wash.1980); Holmgren v. City of Lincoln, 199 Neb. 178,256
N.W.2d 686,690 (1977); 82 Am.Jur.2d, Zoning and Planning, § 69;
3 Anderson, American Law of Zoning 609.
Id.
The lesson to be learned from these cases is that where a use or action is proposed to be
taken on property that is presently zoned, consistent with that zoning, then the role of a
comprehensive plan has been satisfied. The Comprehensive Plan does not impose an additional
level of obligation or control. On this Property, it merely guides land use decisions. For its
provisions to be binding, they need to be codified. If the City of Meridian intended for all C -G
zoned properties within the MU -R land use designation to have at least 10% of their area be
residential, then the City of Meridian would have (a) adopted as part of a zoning ordinance,
such express obligation, and (b) would not have designated multifamily development as only a
conditional use within the C -G zone.
January 31, 2019
Bill Parsons, City of Meridian
Page 6
b. Neighborhood Input
Prior to initiating this application and the application for a subdivision, the Applicant
held a neighborhood meeting and showed neighboring property owners the initial Project site
plan contemplating a multifamily component to the Project. That neighborhood meeting
occurred on October 30, 2018. It was attended by 13 individuals, virtually all of whom lived in
the adjoining neighborhood.
Obviously there was interest in the Project and what was proposed by the owners of the
existing lower density neighborhoods located east and south of the Property that are currently
in the unincorporated area of Ada County. There was clearly a negative and visceral response
from those property owners to the inclusion of any multifamily residential development on the
Property as part of the Project. Even though those neighborhoods will at most only be
connected to the Project by an emergency access easement and not a public street due to the
manner in which those properties were originally platted, the neighboring property owners
were unanimous in their distaste for multifamily development on the site, citing the same
concerns that the City hears regularly in public hearings: density, traffic, impact on schools, too
many apartments being constructed in Meridian, etc.
After that meeting, recognizing the opposition of the neighbors to a multifamily
component and recognizing that any residential development on the Property will require a
conditional use permit, the Applicant went back and evaluated alternative uses that are
permitted as a matter of right within the C -G zone. As such, the Applicant identified a use that
is an "Arts, entertainment or recreation facility, outdoor" that is a permitted use and that
requires no special permitting.
In finalizing the site plan for this Project, the Applicant is forwarding or has forwarded
an update to the Project including the attached site plan to the neighbors who attended the
neighborhood meeting as well as those that were initially invited.
C. Direction from Council
Frequently, developers are criticized for not listening to the decision-making bodies.
While each application is unique, it is clear that decision -makers frequently try to send a larger
message as to future development applications. We did pay attention to the clear and
unambiguous comments of the City Council in conjunction with the Tanner Creek application,
H-1018-0023, for the property located on Waltman Lane that is presently zoned C -G. While the
comments and discussion were focused on the request to modify the underlying
Comprehensive Plan designation, we are attentive to the larger issues that were raised with that
application.
Similar to this Application, the Tanner Creek application involved modifications to a
previously zoned C -G project that was designed and approved as a larger retail shopping
center. The original application, which was more than 10 years old, had proposed a power
center, like that proposed in 1995 for this Property, with more than 400,000 square feet of office,
hotel, and big box retail.
January 31, 2019
Bill Parsons, City of Meridian
Page 7
The applicant proposed rezoning the property from C -G in part to R-40 and a lower
density residential designation and had requested an amendment to the future land use reap,
changing the property from Commercial to Medium High Density Residential. The result
would have been 272 multifamily units together with additional single family residential
adjacent to it to the west. While the multifamily element most likely could have been approved
pursuant to a conditional use permit within the C -G zoned area, the City Council rejected the
application.
Both the findings and the minutes relating to that application evidence the discomfort
the City Council had with a multifamily project within property already zoned C -G. In its
Findings of Fact, Conclusions of Law and Decision and Order, the City Council indicated
expressly that it was denying the application based upon the findings incorporated into the
Staff Report, which noted among other things that the key issues of discussion by the City
Council included its:
iii. Desire for commercial employment uses rather than
residential on this property;
iv. Concern related to impact on area schools, proposed density
and traffic;
v. Feeling that the timing isn't right for development of this
property;
vi Preference for commercial/office/employment type uses to
develop on this property rather than residential.
Tanner Creek - MDA, CPAM, RZ, PP, CUP (H-2018-0023) Staff Report, pp. 2-3.
That summary is reflected by the actual statements of members of the City Council in
the minutes of the hearing, as the City Council expressed significant concern about the number
of apartments, Minutes August 21, 2018, p.72; the desire was expressed to preserve areas
adjacent to Meridian's interchanges for employment and service centers, Minutes August 21,
2018, p.74; a general uncomfortableness with R-40 density and its impact upon schools and
streets was articulated, Minutes August 21, 2018, p. 87; and there was a general objection to
converting commercially zoned property adjacent to the Interstate, to high density residential;
Minutes August 21, 2018, p. 89. Additionally, the video of that hearing includes a comment by
a member of the Council that does not appear in the Minutes: "So many apartments .. .
aparhmented out." Meridian City Council Meeting, August 21, 2018, meeting video at 3:43:00 -
3:43:15.
While that application involved a comprehensive plan amendment, the other facts and
statements are equally applicable to this Application. It is clear that the City has not supported
high density residential development within the C -G zone. In fact, after reviewing the larger
area that is within the MU -R area, we have been unable to identify a single property that is
January 31, 2019
Bill Parsons, City of Meridian
Page 8
multifamily within the C -G zoned area in this planning area. While there are several parcels
zoned R-40, R-15, TN -R, and other residential districts in the unincorporated area of Ada
County that are within the larger W -R planning area immediately east of Mountain View
High School, we cannot identify a single other parcel that has been required to incorporate a
multifamily element into its project within the C -G zone. In fact, in the City of Meridian, the
only C -G zoned property with multifamily residential located in a C -G zone that we have
identified is at Tech Lane and Overland.
For the foregoing reasons, the Applicant and ICCU decline Staff's invitation to
undertake the rezoning of this Property or a conditional use permit application to permit
multifamily development where it is clear that neither the City Council nor the neighboring
property owners would support it.
d. Evaluation of Specific Provisions of the Comprehensive Plan
Notwithstanding the foregoing, we believe that the Project and these applications satisfy
the existing zoning ordinance, are in accordance with many of the provisions of the
Comprehensive Plan, and the supporting development agreement should be adopted as
proposed herein. However, Staff has requested a more detailed analysis of how this
Application satisfies the mixed use elements of the Comprehensive Plan.
The Project contemplates four (4) multistory office towers along its northern boundary; a
multistory health care facility and a hospitality property in the western portion; a mix of
commercial and retail uses oriented around Silverstone at the southern entrance to the property
providing service commercial; an outdoor entertainment component in its southeast portion;
and various other project amenities that will benefit the tenants, customers, and invitees of the
Project.
As such, the Project includes the "combination of compatible land uses within a close
geographic area that allows for easily accessible services for residents and the workers"
contemplated by the mixed use section of the Comprehensive Plan. Comprehensive Plan, p. 23.
The Project is located at a major intersection that has seen significant growth around it, and as
such, it is both "infill in nature [and] situated in a highly visible or transitioning area." Id. This
site affords both ICCU and the Applicant, the ability to undertake "integration of land uses
while allowing ... a greater degree of design and use flexibility. Id. The Project is being
developed pursuant to a "master or conceptual plan" even though the property was annexed
and zoned in 1995, and the Applicant and ICCU are voluntarily submitting to a development
agreement. Id. Of the five identified mixed use land use types, the applicant is proposing three
of them within the Project : "1) commercial [includes retail, restaurants, etc.]; 2) office; ... 4)
civic [includes public open space, parks, entertainment venues, etc.]." Id.
Although the Comprehensive Plan indicates mixed use designated areas support a
density of between six units per acre and forty units per acre, for the reasons set forth above, the
Applicant does not believe this to be the best use of the Property nor does the Applicant believe
such a proposal would be welcomed by the neighbors or the City Council.
January 31, 2019
Bill Parsons, City of Meridian
Page 9
This Application does however, include a "conceptual site plan for the entire mixed use
area". Comprehensive Plan, p. 24. This Application has proposed configuration of the office
buildings and the other commercial elements "to create some form of common, usable area,
such as a plaza or green space." Id. Respecting the adjoining low density residential
development to the south and east, the "site plan [provides] a transitional use and/or
landscaped buffering between commercial and existing low- or medium-density residential
development." Id.
Moreover, as noted above, this Project will "include at least three types of land uses",
including health care and recreational or entertainment facilities as "expected in larger mixed
use developments." Together with "plazas, outdoor gathering areas, open space." Id.
We recognize that while "mixed use projects should be directly accessible to
neighborhoods within the section" prior development approvals by Ada County and the City of
Meridian have not ensured or created rights of way that can be utilized for such. The existing
neighborhood design interferes with and prevents that degree of connectivity, although the
Applicant is exploring a solution for secondary emergency access to and through the adjoining
neighborhood which would support pedestrian traffic. Id. The Application utilizes street
sections that are appropriate and consistent with the relevant standards. Id.
With respect to the more specific Mixed Use Regional designation, under the
Comprehensive Plan, the Project satisfies those provisions. As set forth in the Comprehensive
Plan, this application provides a mix of uses "near major arterial intersections." Id. at 30. This
application "avoid[s] predominantly single use developments such as a regional retail center
with only restaurants and other commercial uses." This Project is "anchored by uses that have a
regional draw with ... appropriate supporting uses, in that as "an employment center [it has]
support retail uses". Id. Consistent with the Figure 3-5, the Mixed Use Regional Concept Plan
Diagram, the Project orients major office uses to the exterior of the site, provides a bovver to
adjoining single family residential, and provides a mix of service, retail, hospitality, and other
smaller uses to support larger commercial and office uses. Id.
As discussed above, the Project complies "with the general guidelines for development
in all Mixed Use areas." Id at 31. For the reasons set forth above, the Project has removed the
dense multifamily residential component but unlike the 1995 approval for a project that was
100% retail, the amount of retail use has been significantly reduced below the 50% maximum.
Id. The majority of the site is preserved for the types of non-retail commercial uses identified in
the Comprehensive Plan. Id. As such none of the bonus provisions set forth in the
Comprehensive Plan are necessary or applicable. Id. This Application proposes the types of
entertainment uses, major employment centers, clean industry, and other appropriate regional-
serving uses contemplated under the Comprehensive Plan and the existing C-G zoning.
While we could provide even more analysis of the Comprehensive Plan as a whole, the
foregoing evidences the fact that this Application is in accordance with it for purposes of this
request. More importantly, the Application complies with the existing C-G zoning and should
be approved as we have proposed.
January 31, 2019
Bill Parsons, City of Meridian
Page 10
D. Conclusion.
With this supplemental submittal we respectfully request the following actions by Staff
and the City Council:
1. Place this application on the agenda for the City Council meetings on either
February 26 or March 5, 2019;
2. At that hearing, approve the adoption of the proposed development agreement;
3. Following approval of the proposed development agreement, but pending its
final execution and recording, authorize Staff to accept and issue a CZC authorizing the use of
the Property for the ICCU Building;
4. Simultaneously with the evaluation of the CZC, authorize Staff to accept and
issue design review approval for the ICCU Building; and
5. Upon the issuance of the CZC and approval of the design review application,
authorize Staff to accept and evaluate the building permit application for the ICCU Building
and thereafter issue a building permit.
We recognize that the plat application will need to be evaluated and will need to be
approved before additional building permits will be issued. However, we believe this is the
best route forward to permit the commencement of the ICCU Building in a reasonable and
timely manner in light of the existing C -G zoning of the Property.
We look forward to presenting this matter to the City Council as soon as Staff will put it
on the agenda.
Please contact me with any additional information that you may require.
Sincere. , f
�r I `I
,e fFr 1, and
GMW:1
Enclosures
557
ORDINANCE NO. 719
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN 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; AND PROVIDING AN EFFECTIVE 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 below.
NOW, 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 as:
A parcel of land located int he 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:
Commencing at the Southwest corner of Section 16, T.314, R.1 E, B.M., thence S
89°22'54" E 818.95 feet to a point on the South line of.said Section 16, the. Real
Point of Beginning of this description;
Thence N 0037'06" E 25:00 feet to a point on the Northerly right of way of
Overland Road;
Thence N 36052'54" W 485.74 feet to a point;
Thence N 66051'55" W 261.30 feet to a point,
thence N 0024'05" E 140.10 feet to a point,
Thence N 51 028'56" W 384.81'to-a point on: the West line. of said. Section 16,
being the East line of Annexation Ordinance #•660.
Thence N 0049'23" W (formerly N 0°41'32" W) 1766.71 feet along the Easterly
boundary of Annexation Ordiance #660 to the West 1/4 corner of said Section
16;
Thence S 89023'35" E- (formerly S 89°14'471'.E) 149.48 feet along the Easterly
boundary of Annexation Ordinance #660 to a point;
Thence N 0045'08" E 54.75 feet (formerly N 0045'13" E 54.92 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 1-84;
Thence N 69°09'38" E 758.53 feet along the Southerly boundary of Annexation
Ordinance #659 to a point;
Thence:S 85'4608" E-438.46 feet to the Southeast corner of Annexation .
Ordinance #659;
Thence S 85°44'30" E 1176.86 feet along the Northerly right of way of 1-84 to
a point;
ANNEXATION ORDINANCE - LANGLY/POWER MALL PAGE I
558
Thence S 89°54'21" E 172.98 feet along said Northrly 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 East line to the Northeast comer
of Jewel Subdivision;
Thence N 89°23'14" W 1339.40 feet to the Northwest corner of Jewel Subdivision;
Thence S 0°31'36" E 1326.93 feet to the West 1/16 corner common to Sections
16 and 21, T.3N, R.1 E;
Thence N 89°22'54" 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 sewer and
resolve how the water and sewer mains will serve the land.
b. That the development of the property shall be subjec to and contolled by the
Subdivision and Development Ordinance and the Meridian Comprehensive
Plan adopted January 4, 1994.
That, as a condition of annexation, the Applicant shall be required to enter into
a development agreement as authorized by 11-2-416 Land 11-2-417 D; that
the development agreement shall address inclusion into the subdivision of the
requirements of 11-9-605 C, G, H 2, K, L of the Revised and Compiled
Ordinances fo the City of Meridian and other matters; that the property may be
de -annexed 9 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 irrigations.
e. That these conditions shall run with the land and bind the Applicant, the titled
owners, and their assigns.
(`f.) Meet the requriements and condtions of the Findings of Fact and Conclusions
' ` of Law and meet the Ordinances of the City of Meridian.
Section 3. That the City Clerk shall cause one (1) copy of the legal description, and
map, 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 Commission
within ten (10) days following the effective date of this Ordinance.
Section 4. EFFECTIVE DATE: There being an emergency, whcih 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.
ANNEXATION ORDINANCE - LANGLY/POWER MALL PAGE.2
559
PASSED by the City Council and approved by the Mayor of the City of Meridian,
Ada County, Idaho, this 19th day of December, 1995.
APPROVED:
G NT P. KINGSF D,
R
ATTEST: ���•l bf
=_
SEAL =
WILLIAM G. BERG, JR., C CLERK
�5r
ANNEXATION ORDINANCE - LANGLY/POWER-MALL
PAGE 3
43 -1 1!�] h,
0 11 W -i 0
rftrosEx)
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Idaho Central Credit Union, and BVA Development, LLC
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into
this — day of .20 —, by and between City of Meridian, a municipal corporation of
the State of Idaho, hereinafter called "CITY" whose address is 33 E. Broadway Avenue, Meridian Idaho,
and Idaho Central Credit Union, an Idaho chartered credit union, hereinafter called "OWNER", and BVA
Development, LLC, an Idaho limited liability company, hereinafter called "DEVELOPER".
I. RECITALS:
1.1. WHEREAS, Owner is the sole owner, in law and/or equity, of a 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,
hereinafter referred to as the "Property"; and
1.2. WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and 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, the Owner and Developer have submitted an application to develop
the property, including an application for a preliminary plat; and
1.5. WHEREAS, when the Property was originally annexed as part of a larger parcel,
the City determined in its original 1995 Findings of Fact and Conclusions of Law
"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"; and
1.6. WHEREAS, the Property was in fact annexed into the City in 1995 and was at
that time zoned C -G General Retail and Service Commercial, however, no
preliminary plat for the Property was ever submitted and no development
agreement was ever executed; and
1.7. WHEREAS, the Owner and Developer desire to develop a mixed use corporate
campus with various office, healthcare, commercial, retail, entertainment, and
hospitality uses on the Property which differ from the 1995 retail center that was
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originally approved, requiring modification of the original 1995 master plan and
the 1995 adopted findings and conclusions; and
1.8. WHEREAS, the Owner intends to construct a corporate center consisting of an
initial phase of an office building with approximately
square feet, to consolidate its operation on a portion of the Property and has
engaged with Developer to accomplish such and the Developer has identified a
variety of compatible permitted uses which can be developed; and
1.9. WHEREAS, the 1995 conditions of approval contemplated execution of a
development agreement, and Staff has indicated that an application for the
Modification of a Development Agreement is required of the Owner and
Developer; and
1.10. WHEREAS, the Owner and Developer have made this application, seeking
modification of the 1995 conditions of approval to reflect the development of the
Property as they now contemplate; and
1.11. WHEREAS, the Owner and Developer desire to be able to commence
development and construction of the Owner's corporate center, which is a
permitted use of the property and is compliant with all required dimensional or
other standards imposed under the City's Unified Development Code, in advance
of the approval of their subdivision plat application; and
1.12. WHEREAS, Owner and Developer have made representations at the public
hearings before the Meridian City Council, as to how the Property now will be
developed and what improvements will be made; and
1.13. WHEREAS, on the — day of , 20_, the Meridian City
Council approved certain Findings of Fact and Conclusions of Law and Decision
and Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit `B"; and
1.14. WHEREAS, the Findings require the Owner and Developer to enter into this
Agreement before the City Council takes final action on final plat, and to permit
the Owner to proceed with development and construction of the Owner's
Corporate Center; and
1.15. WHEREAS, Owner and Developer deem it to be in their best interest to be able
to enter into this Agreement and acknowledge that this Agreement was entered
into voluntarily; and
1.16. WHEREAS, City requires the Owner and Developer to enter into this Agreement
for the purpose of ensuring that the Property is developed and the subsequent use
of the Property is in accordance with the terms and conditions of this Agreement,
herein being established as a result of the evidence received by the City in in the
proceedings relating to this application.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
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2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for, unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the State of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER: means and refers to Idaho Central Credit Union, an Idaho chartered
credit union, whose address is 4400 Central Way, Chubbuck, Idaho 83202, the
party that owns said Property and shall include any subsequent
owners/developers of the Property.
33 DEVELOPER: means and refers to BVA Development, LLC, an Idaho limited
liability company, whose address is 2775 West Navigator Drive, Suite 220,
Meridian, Idaho 83642, the party developing said Property and which will
acquire a portion following its subdivision.
3.4 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:
4.1 The uses allowed pursuant to this Agreement are those uses allowed under the
UDC, within the C -G district from time to time as permitted, accessory or
conditional uses.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5, CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. In recognition of the existing development rights associated with the Property
under the UDC, and the proposed scope of the initial phase of the Owner's
corporate center as a single building, the Owner and Developer have been
permitted to submit and to obtain design review approval, a certificate of zoning
compliance, and a building permit for the Owner's corporate center, prior to the
approval of the subdivision plat for the Property.
5.2. No other building permits will be available for the Property until the subdivision
plat is recorded.
5.3. The Owner and Developer shall develop the Property in accordance with the
following special conditions:
6. COMPLIANCE PERIOD: This Agreement must be fully executed within two (2) years
after the date of the Findings or it is null and void.
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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 terms
and conditions included in this Agreement shall constitute default under this
agreement.
7.2. Notice and Cure Period. In the event of default of this Agreement by the Owner
or Developer, the Owner or 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 cannot with diligence be cured within such one
hundred eighty (180) day period, 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. In the event of default of this Agreement by
the City, the City shall have thirty (30) days from receipt of written notice to
correct the breach and cure default
7.3. Remedies. In the event of default by the Owner or Developer that is not cured
after notice as described in Section 7.2, the Owner or Developer shall be deemed
to have consented to modification of this Agreement solely against the offending
portion of the 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. In the event of such modification, all conditions of approval
shall revert to those set forth in the Findings of Fact and Conditions of Law
adopted by the City on October 17, 1995. The Owner or Developer reserves all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City or
the Owner or 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 the Owner or Developer or City is delayed for causes that are beyond
the reasonable control of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience, strikes or similar causes,
the time for such performance shall be extended by the amount of time of such
delay.
7.5. Waiver. A waiver by City of any default by the Owner or 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.
8. INSPECTION: The Owner and 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 or policy, notify the City Engineer and request the City Engineer's inspections and written
DEVELOPMENT AGREEMENT - 4
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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 FOR RECORDATION: City shall record this Agreement, including
all of the Exhibits, and submit proof of such recording to the Owner and Developer.
10. INTENTIONALLY DELETED
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 and Developer agree to provide, if
required by the City.
12. CERTIFICATE OF 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 the Owner or Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALI, CITY ORDINANCES: That Owner and Developer agree 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 Clerk
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER:
With copy to::
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Kent Oram J. Thomas Ahlquist
Idaho Central Credit Union BVA Development, LLC
4400 Central Way 2775 W. Navigator Drive, Suite 220
Chubbuck, ID 83202 Meridian, ID 83642
With copy to:
Geoffrey M. Wardle
Spink Butler, LLP
251 E. Front Street, Suite 200
Boise, ID 83702
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 between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
DEVELOPMENT AGREEMENT — 5
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may be granted, to court costs and reasonable attorneys' 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 parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner and 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 the Owner and Developer, to
execute appropriate and recordable evidence of termination of this Agreement if City, in its sole
and reasonable discretion, had determined that the Owner and Developer has fully 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 expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this 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
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 Agreement is last executed below.
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[end of text; signatures, acknowledgements, and exhibits to follow]
DEVELOPMENT AGREEMENT - 7
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IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it
effective as of the date last executed below.
OWNER:
IDAHO CENTRAL CREDIT UNION,
an Idaho chartered credit union
M.
Kent Oram, CEO
Date:
CITY:
CITY OF MERIDIAN,
a municipal corporation
LN
Tammy de Weerd, Mayor
Date:
DEVELOPER:
BVA DEVELOPMENT, LLC,
an Idaho limited liability company,
By its Executive Manager:
BV Management Services, Inc.,
Cortney Liddiard, President
Date:
DEVELOPMENT AGREEMENT - 8
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STATE OF IDAHO
ss.
County of Ada
On this day of , 2019, before me, the undersigned, a Notary Public in and
for said State, personally appeared Kent Oram, known or identified to me to be the Chief Executive
Officer of Idaho Central Credit Union, chartered credit union that executed the within and foregoing
instrument, or the person who executed the instrument on behalf of said chartered credit union, and
acknowledged to me that such chartered credit union 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 Public for Idaho
Residing at
My commission expires:
STATE OF IDAHO
)SS.
County of Ada }
On this day of ., e _ 2019, before me, the undersigned, a Notary Public in and
for said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV
Management Services, Inc., the Executive Manager of BVA Development, LLC, the limited liability
company that executed the within and foregoing instrument, or the person who executed the instrument
on behalf of said limited liability company, and acknowledged to me that such limited liability company
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 Public for Idaho
Residing at
My commission expires:
DEVELOPMENT AGREEMENT — 9
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STATE OF IDAHO )
SS'
County of Ada )
On this day of , 2019, before me, the undersigned, a Notary Public in and
for said State, personally appeared Tammy de Weerd, known or identified to me to be the Mayor of the
City of Meridian, who executed the instrument or the person that executed the instrument on behalf of
said City, and acknowledged to me that said 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 Public for Idaho
Residing at
My commission expires;
DEVELOPMENT AGREEMENT -10
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Legal Description of Property
EXHIBIT A
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EXHIBIT B
Findings of Fact and Conclusions of Law and Decision and Order
EXMBIT B
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ADA COUNTY RECORDER Christopher D. Rich 2018.064955
BOISE IDAHO Pgs=3 CHE FOWLER 07/12/2018 01:15 PM
111 CTRONICALLY A CORDED - DO'NOT, FIRST AMERICAN TITLE AND ESCROW COMPANY $15.00
PEMOVE THE COUNTY STAMPED FIRST•'.
PAGE AS IT IS NOW INCORPORATEDA'
PAtiT,OF THE.ORIGINAL DOCUMENT
L9 -16o7310 P-"— GRANT DEED
FOR VALUE RECEIVED, IDAHO ELKS REHABILITATION HOSPITAL, INC., an Idaho non-profit
corporation, hereinafter called the Grantor, hereby bargains, sells and conveys unto IDAHO
CENTRAL CREDIT UNION, an Idaho chartered credit union and/or assigns, hereinafter cailed.the
Grantee, whose address' is PO Box 2469,' Pocatello, ID 83206, as of this tZ- day of
juo. , 2018. • .
WITNESSETH:
For valuable consideration the Grantor does hereby grant, bargain, sell and convey unto
the Grantee that certain real property located in the County of Ada, State of Idaho, which is
more particularly described on EXHIBIT "A" attached hereto and incorporated herein by
reference ("Premises"):
TOGETHER WITH all and singular the buildings, structures, improvements, tenements,
hereditaments, easements, appurtenances and water and ditch rights thereunto belonging or in
anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues
and profits thereof
SUBJECTTO:
. Taxes and assessments for the year 2017 and all subsequent years, together with any
and all existing easements, rights-of-way, reservations, restrictions and encumbrances of
record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an
accurate survey or inspection of.the Premises would show.
TO HAVE AND TO HOLD said Premises unto the Grantee.and its successors and assigns
forever.
GRANT DEED
IN WITNESS WHEREOF, this Grant Deed has been duly executed by the Grantor as of the
day and year herein first above written.
IDAHO ELKS REHABILITATION HOSPITAL, INC.,
an- Idaho nonprofit corporation
BY.�✓�L�
Robert M. Shaw, Chair, Board of Directors
STATE OF _ �4MO _)
) ss.
County of _ )
On tlis- ?WA day of �rt/t' 2018, before me, the undersigned, a Notary,
Public in and -for said State, personally appeared RohertM. *Shaw, , known or identified to me to
be the CChair of the Board of Directors of the. Idaho Elks Rehabilitation Hospital, Inc., an. Idaho
nonprofit corporation, and the person that executed the instrument on -behalf of said .
corporation and acknowledged to me that such corporation 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.
p`?'; • •, N t Public for MA6LO
tiq. ��,41:ys
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Residing'at &1 &$67
My commission expires
PE OV
GRANT DEED
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EXHIBIT A TO DEED
Legal Description of Real Property
,L•EGAL I E9tk0, IbN:
THE ;NORTH ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH`RANGE''1 EAST,•
OF 'ht BOISE' MERIDIAN, IN ADA COUNTY; IDAHO;
EXCEPTING THEREFROM:
THE PROPERTY TAKEN BY THE STATE OF IDAHO FOR THE CONSTRUCTION OF INTERSTATE HIGHWAY a
PROJECT,l b, I':80N-•1(28)45 BETWEENSTATION 2428'-40:52 TO STATION 2455+6,6:64'AND`BETIAIEEN'•
STATION 2429+27•*:TO`STATION 2455+59,18 .DESCRIBED AS PARCELS 13 AND .13-B''IN-THE JUDGMENT'AND
DECK- bF CONDEMNATION DATED-JULY. 29, 1.965,' RECORDED AUGUST' 20; 1965; AS INSTRUMENT NO. '
619430, RECORDS, OF ADA COUNTY, IDAHO. "
ALSO' EXCEPTING,THEREFROM:
THE PROPERTY 'TAKEN.I BY THE STATE 'OF IDAHO FOR' THE CONSTRUCTION OF THAT. CERTAIN, PUBLIC
1TIGHWAYKNOW AS.INTERSTATF.,84, PROJECT IR-84-1(12)45 BEfWEEN.HIGHWAY•STATION 2423+86:30 TO
2448+64:82; DESCRIBED`IN THAT`SEGOND JUDGMENT AND DECREC'OF CONDEMNATION' DATED JUNE
CO25;• -
1990,. RERQED`]ULY 2, 1990, AS INS NO.9034963, RECORDS OF ADA COUNTY, IDAHO.
GRANT DEED'
3
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
)
COUNTY OF ADA )
1, Ks P21 oram ..'_P6 Rox '�4661
(nan e) (address)
OC
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(city) (state)
being first duly sworn upon, oath, depose and say:
I. That I am the record owner of the property described on the attached, and I gram my
permission to:
Horrocks Engineers, Inc. 2775 W. Navigator Dr. #210, Meridian, ID 83642
(name) (address)
to submit the accompanying application(s) pertaining to that property.
I 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).
Dated this 6 � day of C� � _'20
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
Sabrina Ferro (Notary Public for Idaho)
Notary Public Q s
State of Idaho Residin �t;at: ��c�.. � � _
Commission No. 45273 n
My Commission Expires: R 1 o
Community Development ■Planning Division • 33 G. Broadway Avenue, Ste. 102 Meridian, Idaho 53642
Phone: 208-884-5533 Fax: 208-558-6854 ����w.mcridiancity.or�plannina
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CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
Project/Subdivision Name: Eagle View Plaza Date: 9/27/18
Applicant(s)/Contact(s): Rob Sunderlage Peggy Breski Tommy Alcluist, Tom Alguist, Roberta Stewart
City Staff: Sonya Bill Stephanie Kevin David Miles Scott Ken (ITD) Steve Amanda, Bruce, Tom, Terri
Location: 1020 S Eagle Rd Size of Property: 51.59
Comprehensive Plan FLUM Designation: MU -R
Existing Use: Vacant/undeveloyed land Existing Zoning: C -G
Proposed Use: mixed use (MFR (300 units) offices, hotel) Proposed Zoning: NA
Surrounding Uses: SFR commercial
Street Buffer(s) and/or Land Use Buffer(s): 50' street buffer along 1-84 & 20' along Silverstone; 25' land use buffer to residential uses
Open Space/Amenities/Pathways: MFR is required to comply with open space & site amenity standards in UDC 11-4-3-27C, D
Access/Stub Streets: Primary access via Silverstone secondary via Rackham: provide driveway stub w/cross-access
easement to property to east for future interconnectivity if use changes to non-residential - obtain an easement for
emergency access that meets IFC Sections D104 for commercial bldqs. & D106 for MFR; buildings over 30' tall are required
to have access roads per IFC Appendix D Section D105 (i.e. 26' wide driveways); a 50' wide future road easement exists at
the south boundary of this site from Jewel Subdivision on Lots 9 & 10,13Iock 1 - provide a driveway access in this location
for future interconnectivity if the property to the south redevelops with non-residential uses (maybe eligible for STAR's
agreement funds)
Waterways/ Floodplain/Topography/Hazards: There are no major waterways that cross this site: all irrigation ditches are required to be
piped per UDC 11 -3A -6c Rackham Way to the south lies within the floodplain
History: This property (73.5 acres including Kissler property to south) was annexed w/C-G zoning in 1995 (Ord. #719, Langly/Power
Mall) - a DA was required as a provision of annexation to be entered into prior to the preliminary plat being approved & required all of
the property to develop as a commercial planned development - a preliminary plat was never submitted & a DA was never recorded.
A CUP was approved for a 700,000 s f retail center which has expired.
Additional Meeting Notes:
■ Modify the terms of the previously required DA consistent with the proposed plan
■ Preliminary Plat to subdivide property: submit phasing plan & conceptual development plan• comply with subdivision improvement
standards in UDC 11-6C-3
■ CUP for multi -family development in C -G district: comply with specific use standards listed in UDC 11-4-3-27
■ Hotel use is permitted as long as it doesn't adioin a residential district/existing residence: subject to standards in UDC 114-3-23
■ Comply with dimensional standards of C -G district in UDC Table 11-28-3 & 11-213-3A.3 (height, measured per building code)
■ Hours of operation in the C -G zoning district are restricted to 6:00 am to 11:00 pm when the property abuts a residential use or
district: extended hours can be requested through a CUP (11-26-3AA
■ Buildings may be placed away from roadways if a minimum of 30% of the buildable frontage along public streets (i.e.
Silverstone & 1.84) is occupied by building facades and/or public space per UDC 11.3A -1913.2b (may request alternative
compliance per UDC 11-58-5)
■ Development should be consistent with Mixed Use and MU -R designations in the Comprehensive Plan (pqs. 23-24, 30-31)
■ TIS needs to be accepted for review by ACHD priorto application submittal to the City
■ All structures are subject to the desiqn standards in the Architectural Standards Manual
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:
X Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist, (NMID) ❑ Public Works Department
X Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department
❑ Republic Services ❑ Police Department ❑ Parks Department, Jay
❑ Central District Health Department ❑ Fire Department ❑ Other:
CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
Application(s) Required:
❑ Administrative Design Review
❑ Alternative Compliance
❑ Annexation
❑ City Council Review
❑ Comprehensive Plan Amendment - Map
❑ Comprehensive Plan Amendment - Text
X Conditional Use Permit
❑ Conditional Use Permit Modification/Transfer ❑ Rezone
X Development Agreement Modification ❑ Short Plat
❑ Final Plat ❑ Time Extension - Council
❑ Final Plat Modification ❑ UDC Text Amendment
❑ Planned Unit Development ❑ Vacation
X Preliminary Plat ❑ Variance
❑ 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.
ICCU Plaza / Rackharn Subdivision (1020 S. Eagle Rd., Meridian) — Preliminary Plat Application
Neighborhood Meeting Location— Marriott Courtyard: 1789 S. Eagle Road, Meridian, ID
Tuesday October 30, 2018 6:00 pm — 8:00 p.m.
NAME
ADDRESS
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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.
Applicant/agent signature
11/1/2018
Date
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 w\\,\v.mcri11ia[lei IY.oIp/plan nine
(03/23/2018)
E IDIAN�---
Community Development
Department
Parcel Verification
Date: 10/22/18
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: Central Union Plaza Subdivision
Parcel Number: S1116325510
T/R/S: 3N 1E 16
Property Owner: Idaho Central Credit Union
P.O. Box 2469
Pocatello, ID 83206
*Old corn maze location with previous project name of Eagle View Plaza
Address Verification Rev: 04/23/12
2775 W. Navagator Drive, Suite 210
Meridian, Idaho 83642
www.horrocks.com
Date: November 1, 2018
Project: ID -1336-1808
Page: 1 of 2
HORROCKS
0000� 11,11
E N (i I N I: Ii R S
PARCEL 1
Idaho Office
Tel: 208.463.4197
Fax: 208.463.7561
PROROSED RACHAM SUBDIVISION BOUNDARY
This Parcel is situated in a portion of the N.E. '/ of the S.W. '/ and the N.W. '/ of the S.W. '/ of
Section 16, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada
County Idaho, more particularly described as follows:
COMMENCING at a found aluminum cap monument stamped P.L.S. 4998 marking the
northeast corner of said N.E. '/ of the S.W. '/ and referenced in Corner Perpetuation and Filing
Instrument No. 100071537; thence along the east boundary of said N.E. % of the S.W. %,
1) S.00°05'25"E., 227.23 feet to an illegible plastic cap monument, sunnounted on a 5/8 -
inch diameter iron rod, being a point on the southerly right-of-way of Interstate 84 as
shown on the proposed Plan and Profile mapping of Interstate Highway No. 84, F.A.P.
No. IR -84-1(12) 45 on file in the office of the Idaho Transportation Department and
being the POINT OF BEGINNING; thence leaving said right-of-way and continuing
along said easy boundary,
2) S.00°05'25"E., 1099.65 feet (of record 1099.26 feet) to a 5/8 -inch diameter iron rod with
no identification marking the southeast corner of said N.E. '/ of the S.W. '/; thence along
the south boundary of said N.E. '/ of the S.W. '/a,
3) N.89°13'45"W., 1339.31 feet (of record 1339.40 feet) to a plastic cap monument stamped
P.L.S. 16642, sunnounted on a 5/8 -inch diameter iron rod and marking the south east
corner of said N. W. '/ of the S.W. '/; thence along the south boundary of said N.W. '/ of
the S.W. '/,
4) N.89°14'57"W., 1163.59 feet (of record 1163.45 feet) to a plastic cap monument
surmounted on a 5/8 -inch diameter iron rod, being a point on the easterly right-of-way of
the Eagle Interchange Ramp B -C as shown on said Plan and Profile mapping; thence
along the southeasterly right-of-way of said Ramp B -C and a curve to the right,
5) Having an arc length of 1364.61 feet (of record 1364.45 feet) a radius of 1050.47 feet,
through a central angle of 74°25'54" and a long chord which bears NAY I4'27"E.,
1270.69 feet (of record 1270.53 feet) to a brass caped monument in concrete marked
Idaho State Highway; thence continuing along said southeasterly right -of way,
HAD-1336-1808/Project Data/Survey/4.12 Descriptions/Parcel 1 110118
Date: November 1, 2018
Project: ID -1336-1808
Page: 2 of 2
6) N.82° 19'50"E., 940.78 feet (of record 940.76 feet) to a brass caped monument in concrete
marked Idaho State Highway; thence continuing along said southeasterly right -of way,
7) N.85°31'30"E., 235.95 feet (of record 236.03 feet) to a plastic cap monument marked
P.L.S. 16642, surmounted on a 5/8 -inch diameter iron rod and being on the southerly
right-of-way of said Interstate Highway No. 84, F.A.P. No. IR -84-1(12) 45; thence along
said southerly right-of-way,
8) S.89°35'50"E., 462.86 feet (of record 462.95 feet) to the POINT OF BEGINNING.
CONTAINING 52.70 acres, more or less.
The record data shown hereon references Record of Survey No. 11024, Instrument No. 2017-
075496.
1-1:11D-1336-1808/Project Data/Survey/4.12 Descriptions/I'arcel 1 1101 18
557
ORDINANCE NO. 719
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN 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; AND PROVIDING AN EFFECTIVE 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 below.
NOW, 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 as:
A parcel of land located int he 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:
Commencing at the Southwest corner of Section 16, T.3N, R.1 E, B.M., thence S
89°22'54" E 818.95 feet 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 way of
Overland Road;
Thence N 36*52154" W 485.74 feet to a point;
Thence N 66°51'55" W 261.30 feet to a point,
-thence N 0024'05" E 140.10 feet to a point,
Thence N 51128'56" W 384.81'to-a point omthe West line. of said Section 16,
being the East line of Annexation Ordinance #660.
Thence N 0°49'23" W (formerly N 0°41'32" 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°23'35" E -(formerly S 89°14'47" E) 149.48 feet along the Easterly
boundary of Annexation Ordinance #660 to a point;
Thence N 0045'08" E 54.75 feet (formerly N 0°4613" E 54.92 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 1-84;
Thence N 89°09'38" E 758.53 feet along the Southerly boundary of Annexation
Ordinance #659 to a point;
Thence S 85°45'08 E 438.46 feet to the Southeast corner of Annexation .
Ordinance #659;
Thence S 85°44'30" E 1176.86 feet along the Northerly right of way of 1-84 to
a point;
ANNEXATION ORDINANCE - LANGLY/POWER MALL PAGE 1
•
Thence S 89°54'21" E 172.98 feet along said Northrly 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 East line to the Northeast comer
of Jewel Subdivision;
Thence N 89°23'14" W 1339.40 feet to the Northwest corner of Jewel Subdivision;
Thence S 0°31'36" E 1326.93 feet to the West 1/16 comer common to Sections
16 and 21, T. 3N, R.1 E;
Thence N 89022'54" 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 sewer and
resolve how the water and sewer mains will serve the land.
b. That the development of the property shall be subjec to and contolled by the
Subdivision and Development Ordinance and the Meridian Comprehensive
Plan adopted January 4, 1994.
c. That, as a condition of annexation, the Applicant shall be 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 inclusion into the subdivision of the
requirements of 11-9-605 C, G, H 2, K, L of the Revised and Compiled
Ordinances fo 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 irrigations.
e. That these conditions shall run with the land and bind the Applicant, the titled
owners, and their assigns.
f. Meet the requriements and condtions of the Findings of Fact and Conclusions
of Law and meet the Ordinances of the City of Meridian.
Section 3. That the City Clerk shall cause one (1) copy of the legal description, and
map, 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 Commission
within ten (10) days following the effective date of this Ordinance.
Section 4. EFFECTIVE DATE: There being an emergency, whcih 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.
ANNEXATION ORDINANCE - LANGLY/POWER MALL PAGE.2
559
PASSED by the City Council and approved. by the Mayor of the City of Meridian,
Ada County, Idaho, this 19th day of December, 1995.
APPROVED:
G�N P. IK�INGSFORD,Z05R
ATTEST:
IVVII I IAM G BERG. JR..
u
R
& LAAE ROAD
f
RACKHAM SUBDIVISION
MEMDMJD
EAGLE VIEW PLAZA
OVERALL SITE PLVI
NOTFOR
CONSTRUCTION
MEARAEZ TIB!
NGr Fb1t1RhSs
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
relp+1CMW%10&DEVELOPMENT AGREEMENT
PARTIES: 1, City of Meridian
2. James A. Kissler, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of /M 8. 416 rt- , 2016, 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, Kissler, LLC, whose address is 1125 W. Amity Road, Boise, Idaho
83705, hereinafter called OWNER/DEVELOPER.
I. RECITALS:
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 § 67-6511A 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 a� 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
DEVELOPMEN'r AGRRHMENT- EAGLE COMMONS AT OV13RLAND MDA H-2015.0024 PAUB 1 OF 10
000001
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 26th day of January, 2016, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law 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
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the UDC, Title 11.
NOW, THE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in fill.
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 ofthe 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.
DBVBLOPN3NTAaREHMVNT--PAOLBCOMMONSATOvEnANDMDAH-2015�0024 PAGE 2of10
000002
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.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. The subject property shall develop in substantial compliance with the conceptual
development plan included in Exhibit AA of the Staff Report attached as a portion of the
Findings of Fact and Conclusions of Law (Exhibit "B") and the provisions in this
agreement.
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 future local commercial street (Silverstone Way) and a 10 -foot wide street buffer
is required to be constructed along S. Rackbam Way, a local street, per UDC Table 11-28-
3 and shall be landscaped in accord with the standards listed in UAC 11-313-7C. If
Rackham Way 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 11-2B-3 and shall be
landscaped in accord with the standards listed in UDC 11-313-9C, unless such width is
otherwise modified by City Council at a public hearing with noticeto surroundingproperty
owners per UDC 11 -3B -9C.2.
d. A 10 -foot wide multi -use pathway shall be constructed along the north side ofthe Fivemile
Creek 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
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 of the pathway along the creek
in accord with the standards listed in UDC 11 -3B -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 MDA H-2015-0024 PAGE 3 OF 10
000003
e. 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 I 1 -3A -8H.
f. 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 UAC 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 fol• 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 east
(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. Rackham 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 (prefeirably 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 ceases unless modified through a conditional use permit, per
UDC 11 -2B -3A.4.
m, 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 -
11C. 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 Lot 2), the
developer shall construct S. Silverstone Way north from E. Overland Road as a local
commercial street with aminimum 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
DEVELOPMENT AGREEMENT- EAGLE COMMONS AT OVERLAND MDA M-2015-0024 PAGE 4 OF 10
000004
just north of the creek. These improvements shall be complete prior to issuance of the first
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 -11-008) 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.
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
http:/hv\uw.meridiancit,o � public works.aspx?id=272
t. 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.
u. 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 associated with upsizingthe sewer and watermains 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 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.
x. 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 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 1 I" 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.
DEVELOPM13NT AGRumENT-- EAGLE COMMONS AT OVERLAND MDA H-2015,0024 PAGE 5 OF 10
000005
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
terms 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 cannot with diligence be cured within
such one hundred eighty (180) day period, 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 of this 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 §§
676509 and 67-6511, Owner/Developer reserves all rights to contest
whether a default has 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.
74 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.
DEVELOPMENT AGREEMENT--EAOLE COMMONS AT OVERLAND MDA I.1-2015-0424 PAos 6 op 10
000006
8. 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 and written
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.
q, REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including al( of the Exhibits, and submit proof of such recording to Owner/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 Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10, ZONING: City shall, following recordation ofthe duly approvedAgreement, 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. CERTIITICATE OF 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 11 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 Clerk
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
DEVELOPwwrAC iwjv ENr-EAGLE COMMONS ATOVERI ArmMDAH-2015-0024 PAGO OF 10
000007
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 between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/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 filly 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 party
shall act reasonably in giving any consent, approval, or taking any other action under this 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
DEVELOPMENTAGREumBn—PAGLE CommoNs AT OVERLAND MDA H-20150024 PAGE 8 GP 10
000008
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 ofthe subject
Property herein provided for can be modified or amended without the approval ofthe
City Counci I after the City has conducted public hearing(s) in accordance with the
notice provisions provided fora 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
Cleric.
[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.
OWNER/DEVELOPER:
James A. Kissler, LLC
By.1'1r
A'
•'�� ' '�'-L7►h'..11 I;Itll)1 AIV
By:.
SEAL
p1A1` .
�a�N4
Mayor TamKy de Weerd
6L-"a+City Cleric
's`/ Ce L4
DEVELOPMENT AGREEMENT—EAGLE COMMONS AT OVQRLAND MDA H•2015.0024 PAGE 9 or 10
000009
STATE OF IDAHO )
SS:
County of Ada, )
7
On this day of LM.'(" 'v , 2016, c fore me, the undersigned, a Notary public in and
' ry
for said State, personally appeared ' , (%'fi , known or identified to me
to be the of James A. leaAer, LLC, and acknowledged to me that'he
executed tho same on behal f 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,
rn``.�..
(SQ KINDEL JO DE LEON
t mw-wmw W WN -1
Notary Pubilo
State of Idaho
STATE OF IDAHO )
ss
County of Ada }
r
Notary Public for Ida o
Residing at: 4wL,�=;1 At
My Commission Expires: Y=
On this I day, of /10 i)&M7hOk, 2016, before me a Notate Public, C !/
personally appeared Tammy de Weerd and-Jayeee-i[�olvaain, lrnr ova or ent d to tine to bei
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 any official seal the day
and year in this certificate first above written.
Notary Public for Idaho�C
p
00 Residing at:
Commission expires:
a
..STATE.`
DEVELOPMENT AGREEMENT EAGLE COMMONS AT OVERLAND MDAH-2015.0024 PAGE 10 OF 10
000010
Mal
■■ Quadr01if
Consulting, Inc.
February 5, 2016
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 1/4 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 00049'23" 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 '/ of the SW 1/, 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 46053'29"
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 76008'54"
West 197.68 feet, thence
North 61022'54"
West 184.44 feet, thence
North 78047'54"
West 209.34 feet, thence
South 73°24'06"West 103.96 feet, thence
North 83°56'54"
West 102.65 feet, thence
North 51026'41 "
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.
14878
4,
A°�`��
W f Cs FIF6 I-ro
1904 W. Overland Road • Boise, ID 83706 - Phone (208) 342-0091 • Fax (208) 342-0092 - Internet: www.ouadrant.cc
Civil Engineering - Surveying 000011
EXHIBIT B
CITY OF MERIDIAN T�Ti 1j 'rr
FINDINGS OF FACT, CONCLUSIONS OF LAW E D 17.1 y �
AND DECISION & ORDER 11) A il
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), H-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
reference)
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)
B. Conclusions of Law
1, The City of Meridian shalt 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 Meridian. 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 Cleric and then a copy served by the Clerk upon the applicant, the
Community 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 -1- 000012
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date 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 Council'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 hearing 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).
F. 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 talce notice that this is a final action ofthe 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 the 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
MY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H=2015-0024 -2- 000013
By action of the City Council at its regular meeting held on the _2541-�ay o
2016.
COUNCIL, PRESIDENT ICEITH BIRD
VOTI"?I)_(r
COUNCIL VICE PRESIDENT JOE BORTON
VO'1"ijU
COUNCIL MEMBER ANNE LITTLE ROBERTS
VO'rED_-r
COUNCIL MEMBER TY PALMER
Vc ITFI� -G'
COUNCIL MEMBER LUKE CAVENER
VOTEDAr
COUNCIL MEMBER GENESIS MILAM VO -n
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta de Weerd
Attest;
4�1r'cun.ti "'A
c�y� or
. _�IaanHp
Jaycee JAI ---f
City Clerk
t 738
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
__._� Dated;_ `� 1
City Clerk's�� ice �``'`�
CITY Or MERIDIAN FINDINGS Or FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). HI 2013-0024 - 3 - 000014
EXHIBIT A
STAFF REPORT E IDIA �i IC— '
HEARING DATE: January 5, 2016 Ali I
(Continued ft•onr: December 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 VI, C
and IX. analysis below for more info nation.
II. 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 move 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 1/4 of Section 16, Township 3N., Range lE.
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 Commons at Overland --MDA H-2015-0024
000015
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 FACTS
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
VI. 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 Area 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 ACHD park and ride lot, zoned C -G
East: Residential properties in Jewell Subdivision, zoned RI in Ada County; and commercial property
(Zamzow's), zoned C -G
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 1-84 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 700,000+/- square foot retail center but has since expired. Note: There is additional
land (52+/- acres) to the north that was part of these applications that is not part of lite subject
application, The applicant for the previously approved project chose not to proceed with
development; therefore, the DA was never execrated, 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, The PBA must be
finalized with the Planning Division prior to the issuance of a building permit for the Norco site
(phase 1).
Vit, 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
Bugle Commons at Overland — MDA H -2015-002A
000016
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 property to the north develops, the developer of that property will also be
required 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 proiect 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. The City Engineer has deemed the well
lot is no longer necessary 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 structures. Staff has verified that the subject
three parcels are "oi7ginal parcels of record" as defined by UDC 11 -IA -1; however, the property
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, staff supports the applicant's request
to be allowed one building permit to construct the building for Norco; prior to issuance of
subsequent building permits, the proper0i 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. Strffdoes
not recommend 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 -stony 86,000-1.1- square foot store for Norco and
associated parldng 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 house 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 -stony 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 at this time but will consist of uses
allowed in the GG district per UDC Table 11-213-2.
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 regionnal
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 H-2015-0024
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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 to the north 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 Rd./S. 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. Rackliam 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 (TIS);
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. Way 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 funds toward the cost of the existing signal at Overland and
Silverstone.
Further, Staff recormnends 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 street, 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 will
only be required to construct a 20 -foot wide landscape buffer in accord with UDC Table 11-2B-3.
Lighting: All lighting proposed on the site shall comply with the standards listed in UDC 11-3A-1 1C.
Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top
Eagle Commons at Overland — MAA H-2015-0024
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EXHIBIT A
to prevent uplighting; the bulb should not be visible and should have a full 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 -6B.
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 easement 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 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.
Fencing: Fencing is not depicted on the site plan. Any fencing constructed on the site should comply
with the standards listed in UDC 11-3A-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 Admirdstrator, 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 A"
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, Staff also recommends new provisions be added to the DA as discussed above.
Staff recommends approval of the pr oposed MDA per the provisions in Exhibit A.5, and the conceptual
development plan included in Exhibit A.4.
Eagle Commons at Overland — MDA H-2015-0024
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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
Nagle Commons at Overland —MDA H-2015-0024
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0
Exhibit A,1; Vicinity/Zoning Map
Eagle Commons at Overland — MDA H-2015-0024
EXHIBIT A
000021
EXHIBIT A
Exhibit Al2: Previously Approved Conceptual Development Plan
Mzlf. a —
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44
Eagle Commons at Overland — MDA H-2015-0024 8
000022
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000022
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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 followings
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. H, Public Sites and Open Spaces.
d. K, Lineal Open Space Corridors.
e. L, Pedestrian and Bike 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
Subdivision concerning sidewalks, drainages, lighting,
noise, and buffering; that also of concern to the City
is having lights, 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 LAN - LRNG4LX PACE - 31
Eagle Commons at Overland — MDA H-2015-0024 9
000023
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.
S. An impact fee, or Pees, for park, police, and fire
services as determined by the City.
6. Appropriate berming and landscaping.
7. Submission and approval of plate for the property.
Q. 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.
15. 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 - LANGLX PAGE - 32
Eagle Commons at Overland — MDA H-2015-0024 10
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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 platst 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 paragraph 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 Meridian.
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 - LANGLY PAGE - 33
Eagle Commons at Overland — MDA H-2015-0024 { 1
000025
EXHIBIT A
therefore to the City, submit conditional use applications for
all development on the propertyr that all buildings and/or
structures shall be subject to design review, and that Applicant
ihal:l 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 Mussell Keithly, a representative
of the Applicant, stated that Applicant desired to develop the
retail center under a commercial planned development; that the
FINDZNO$ OF FACT MW CONCLUSIONN OF LAH - LANC;l PAGO - 34
Eagle Commons at Overland —MDA H-2015-0024 12
000026
EXHIBIT A
)'exhibit Ak Proposed Conceptual Development Plan (dated; December 11, 2015)
Engle Commons at Overland —MDA H-2015-0024 13
000027
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 eelleo local commercial street (Silverstone Ways 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. '''"e..o buffets shall
lie eet e d w#tl mtlrc l rr p e e leer �entj 1J tt /cl�c�?t?_
Um is vacated in the future. -a
salt°eet buffer is not
3. A 25 -foot wide landscape buffer shall be provided along the east boundary of the site 4aeer3t
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 UDC 11 -3B -9C ii'tlic�cclleetor-at}et-is-tret
roquir!ed4o--be cor►structc l 13y t -it €►une 1, 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.
4, A 10 -foot wide multi -use pathway shall be constructed along the north side of the Fivemile
Creek 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 east
iside of the driveway Silverstone Way to & E. Overland Rd./SilverstaneVay-intersectiert;
This searnent 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 of the pathway along the creels in accord with the standards listed in UDC 11 -3B -
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.
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 -6B.
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 cawph
AC> D renuirrn ents for the ext2Ussioa, of Silverstone Way. and-Sil ;# e- ti11 i
construc3ted-to4he-nor4vert lit3c tis a r r�in�ur;r lral #--a 48-fflet lnc�l- or rrlerc iaj*tmet
Bugle Commons at Overland — MDA H-2015-0024 14
000028
EXHIBIT A
i�v�l�l€Incl-l�oac#-aud--tlte-lc-te-ez�su�t-#s-e€�t-ate -west-e#',�flverstc�t�e-W-€�y-hove-r��t:ess-to
tk c l ke t'ee_ i;.l e c tatatl it pi ve et�ta t}€e rpc Ilr€ , it {�c�ii a {l Iit � nttl rlet or-ww
a€td.�ut=ottst�ntanL�t tc3-�€bctan��uc�d$t�-;uc#�,
9. A crass-access/ingress-egress easement shall be provided to the property to the east
(Zamzow's parcel #R4626240051, where the driveway stub is currently located) u -is -a -t et"n
413�tt1-lit-+ak-a-;s�a�te�ced���el=a�-at��eQa�i�-rl�-ed1
1"i t Ge€tiidr ,te c 1 tr�ii€ o rliun appl tltic�€aa hicl cdv s€ c t -fit t}; €�I,, right-tjf=wrl 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 Occupaney 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 plan as Lot 3 develops, Once said loto€p •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 -2B -3A.4.
4-3:-4�1€o-bkiilclitAt-propos€-d in please 2 -(—Lot l) e -pitted can the -conceptual development -plan -ass
jor. A" -4 `-i t-as-prupf sed 1 }� the -a l�li, t -ie #tetter
intc��ate-wh1�-Ehe-r�si�ec€tial�+�°caperticas�t-o-tl�e-cast,;
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 11 -3A -11C.
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 eelleeterstreett#i t> to -rjer p n r-#ittu �i
with-ettrb,-gtMer-andsidewitlk iit €�cbcard t1rrA 11D st€trtd€€rel 'I'Ece a131�Iirunni rtt�ry leud c
o1 -w€ y-sha41--b"anded-at-the-eaM-tn*)per ouitdttr itteL-a -1.. . '2 Q40045-#e
#n�tittliR�--att»#ttge�t=tht}t�el; t4�tiEl1-rtlle����tlae-clove#c�l3lnet�l�fa,�#:i
sfrost-itt�th€tt-loottt-in-tht�-{'ttltt€u-if tl�-ptt�pet�-y-tet-the-cast rerlev�lops-r�ttnc�rcia-lly-eta
antipipated-street with a minimum 40 feet of pavement with 3 foot gravel shoulders within a
Eagle Commons at Overland —MDA 11-2015.0024 Is
000029
f
EXHIBIT A
minimum 60 foot right-of-way for approximately 100 feet then tapering to a minimum 30 feet
of pavement with 3 footgravel shoulders within a minimum 50 foot right-of-way to just north
of the creek These improvements shall be complete prior to issuance of the first Certificate of
Occupancy,
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 evelepmeiA subdivision of the propertunless S. Rackham Wayis vacated,
18, 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 egnat-imcted
iia tl 17ciyr in accord with I EAM e, Tlr ip}31 aht-s1AoulCl rl� i#li-the
�3ei���l3ot:r-to-tir�te�rtne Ean-app3�pr-i�zte-f�nta��he�l��ar�d-tticc�t�rtah
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.ineridiancity.org/public warks.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 licant may be eligible fox reimbursement of
cg§M associated with upsizing the sewer and Wates Mgias, p MCC X6-5.
23. 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.
24. The applicant shall provide easernent(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 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 (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—MDA 11-2015-0024 16
000030
EXHIBIT A
Exhibit A,6: Legal Description of Property Subject to Development Agreement
PARCEL A:
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OFTHE SOUTHWEST
QUARTER OF SECTION 16, 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 FEET ALONG 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 63.05 FEET TO A POINT ON THE NORTH 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 FEETTO A POINT; THENCE
SOUTH 46053'29" WEST 15.32 FEET TO A POINT; LEAVING SAID RIGHT OF WAY;
THENCE
NORTH 00°31'36" WEST 295.73 FEETTO A POINT; THENCE
NORTH 16°22'02" WEST 138.11 FEETTOA POINT; THENCE
NORTH 80°47'54" WEST 122.87 FEETTO 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 FEETTO A POINT; THENCE
NORTH 89°23'14" WEST 29.07 FEET TO A POINT; THENCE
NORTH 78°53'32" WEST 561.48 FEETTOA POINT; THENCE
NORTH 08°45"07" EAST 50.04 FEETTO A POINT, THENCE
SOUTH 78°53'32" EAST 553.76 FEET TO A POINT; THENCE
NORTH 00°31'36" WEST 363.60 FEET TO A POINT, THENCE
SOUTH 89°23'14" EAST 599.00 FEET TO THE NORTHEAST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE
SOUTH 00°31'36" EAST 1263.87 FEET ALONG THE EAST LINE OF THE SOUTHWEST
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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 00°49'23" 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 89023'14" 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 08645'07" WEST 315.37 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE
REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
SOUTH 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 FEETTO 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 5102641" WEST 194.47 FEETTO 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.
Fagle Commons at Overland — MDA H-2015-0024 Is
000032
1 � �
EXHIBIT A
PARCEL D:
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 AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 3 NORTH,
RANGE 1 EAST, BOISE MERIDIAN; THENCE
NORTH 00°49`23" WEST 1326.95 FEET ALONG THE WEST LINE OF THE SOUTHWEST
QUARTER OFTHE SOUTHWEST QUARTER OF SAID SECTION 16 TO THE NORTHWEST
CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE
SOUTH 89023`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,
THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING
SOUTH 89023'14" EAST 499.71 FEET ALONG SAID NORTH LINE TO A POINT; THENCE
SOUTH 00031'36" EAST, 363.60 FEET TO A POINT; THENCE
NORTH 78053'32" WEST 553.76 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY
OF AN UNNAMED ACCESS ROAD; THENCE
NORTH 08045'07" EAST 265.33 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE
REAL POINT OF BEGINNING OF THIS DESCRIPTION.
Eagle Commons at Overland —MDA 11-2015-0024 19
000033
EXHIBIT A
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2775 W. Navigator Dr. Ste,, 210 H O RR O C K S Tel: (208) 895-2520
Meridian, ID 83642 1111' www.horrocks.com
E N G I N E E R S
February 4, 2019
Dear Neighbor:
On October 30, 2018, BVA Development, LLC, held a neighborhood meeting
regarding the development of Eagle View Landing, the 50 acre property located at the
intersection of Interstate 84 and Eagle Road. We wanted to provide you an update on
our application. We are sending this information to everyone who was invited to or who
attended that meeting.
A preliminary plat application for "Rackham Subdivision" has been submitted and will be
heard sometime this spring. A development agreement application has been submitted
for the property and is anticipated to be heard in the next few months. The proposed
development agreement contemplates a project with uses that are presently permitted in
the existing C -G General Retail and Service Commercial zone under Meridian's City
Code.
Attached is the revised project site plan. The revised site plan contemplates four
multistory office towers along the northern boundary of the property; a health care facility
and a hospitality property on the west of the property; a mix of commercial and retail uses
oriented around Silverstone at the southern entrance to the property; and an outdoor
recreation and entertainment component in its southeast portion of the property. The first
phase of the project will be construction of ICCU's corporate center on the north.
Based upon the comments you provided at that neighborhood meeting, we have revised
the overall design of the project to eliminate a multi -family component. There was
significant opposition to the inclusion of multi -family residential in the project. As such,
we have modified our plan to remove it. The proposed uses identified in the site plan and
discussed above are all uses permitted within the C -G Zone under Meridian's City Code
and are designed in accordance with the dimensional standards set forth in Meridian's
City Code.
We wanted you to know that we heard your concerns and have revised our plan
accordingly. Please feel free to reach out to us with any questions or concerns you may
have.
Sincerely,
Rob Sunderlage P.E.
Horrocks Engineers
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ICCU Plaza / Rackham Subdivision (1020 S. Eagle Rd., Meridian) — Preliminary Plat Application
Neighborhood Meeting Location— Marriott Courtyard: 1789 S. Eagle Road, Meridian, ID
Tuesday October 30, 2018 6:00 pm — 8:00 p.m.
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