HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST
Project Name: Emerson Park
Contact Name: Richard Andrus
Date Received from Planning and Zoning Department:
Planning and Zoning Level:
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
File No. MDA 08-005
Phone: 388-0230
Hearing Date:
September 23, 2008
and
❑ Planning and Zoning Commission Recommendation: ❑ Approve ❑ Deny
Notes:
City Council Level:
0 Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
❑ City Council Action:
Hearing Date: October 28, 2008
September 25, 2008
and 10/20/08
❑ Approve ❑ Deny
10/06/08
❑ Findings / Conclusions / Order received from attorney on:
Findings / Conclusions / Order:
Approved by Council:
Original Res/Copy Cert. Minutebook
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Copies Disbursed:
�iN�lem
Qly Envineer
Ci" Planner
0i,Attomey
❑ Findings Recorded
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Protect File
DaDu"Clerk
COPY Res / Onu,nal Cert
Development Agreement.
Ada CounN(CPAs)
ApDlicait (non -CPAs)
R.cord.a Ora
❑ Sent for signatures:
Original'. Minutebook
febook
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❑ Signed by all parties:
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Approved b
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CI"Artomey
°i"Engineer
OiN Planner
❑ Recorded:
Prq-' file
MDmant W appl.>
Depv"Clnk
Fin 7 / Oren::
Copies Disbursed:
Original. Minutebook
COP— AFplioant
Ordinance No.
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Resolution No.
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❑ Approved by Council:
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❑ Recorded:
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Aipmal.Fveproo( File
Deadline: 10 days
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❑ Published in newspaper:
Project M1le
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City Engineer
Ci"Planner
Copies Disbursed:
Ci ty Apomey
Oepu" Cleric
Notes:
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TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
To insure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by:
Transmittal Date: September 25, 2008
Hearing Date: October 28, 2008
File No.: MDA 08-005
October 21. 2008
Request: Public Hearing - Modify the Development Agreement for Mussell Corner
for Emerson Park
By: Kuna Victory, LLC
Location of Property or Project: NEC of S. Meridian Road and E. Victory Road
Joe Marshall (No FP)
David Moe (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Brad Hoaglun, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
Sewer Department
Sanitary Services (No VAR, VAC, Flo)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (CUP only)
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Bureau of Reclamation (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kuna Irrigation District
City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
E IDIIAN�--
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
To insure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by: October 21, 2008
Transmittal Date: September 25, 2008 File No.: MD A 08-005
Hearing Date: October 28, 2008
Request: Public Hearing - Modify the Development Agreement for Mussell Corner
for Emerson Park
By: Kuna Victorv, LLC
Location of Property or Project: NEC of S. Meridian Road and E. Victory Road
Joe Marshall (No FP)
David Moe (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
,--�Iammy de Weerd, Mayor
Charlie Rountree, C/C
Brad Hoaglun, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
Sewer Department
Sanitary Services (No VAR, VAC, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (CUP only)
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
}Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Bureau of Reclamation (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kuna Irrigation District
City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
WSCOVIED 1�__
E IDIAN -- City, 0 �Pn ,tmen$ Planning Department
COM Y6N & COUNCIL REVIEW APPLICATION
RECE[VED
Type of Review Requested (check all that apply)
Alternative Compliance
❑ Annexation and Zoning
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
❑ Conditional Use Permit
❑ Conditional Use Permit Modification
❑ Design Review
❑ Final Plat
❑ Final Plat Modification
❑ Planned Unit Development
❑ Preliminary Plat
❑ Private Street
❑ Rezone
❑ Time Extension (Commission or Council)
❑ UDC Text Amendment
❑ Vacation (Council)
❑ Variance
V Other Modification t0 De elo2ment AgrP ment
Applicant Information
City of Meridian
STAFF USE ONLY:
—_ „.... enartment
File number(s): MDA-08-OOS
Project name: 2f . o .r, �') k<
Date filed: OVLI� Date complete: 9 - 1(0 --M
Assigned Planner:
Related files: AZ-03-0 38 % Ml-
Hearing date: 10- ZB-08 ❑ Commission WCouncil
Applicant name: Kuna Victory, LLC. an Idaho limited liability company Phone: 208/429-9596
Applicant address: P.O. Box 2020 Boise Idaho
Zip: 83701
Applicant's interest in property: V Own ❑ Rent ❑ Optioned ❑ Other
Owner name: Kuna Vi to LLQ. an Idaho limited lia ili om an
Phone: 208 429-959F
Owner address: P.O. Box 2020, Boise, Idaho
Zip: 83701
Agent name (e.g., architect, engineer, developer, representative): Richard H Andr is attorney
Firm name: Snink gutipr I
Phone: 208 388-1000
Address: P.O. Box 639 Boil Idaho
Zip: 83701
Primary contact is: ❑ Applicant ❑ Owner QJ Agent ❑ Other
Contact name: Richard H_ AndaiS
Phone: 208 888-0 �0
E-mail: randrus(a SpinkbutlPr om
Fax: 208 388-1001
Information
Location/street address
Assessor's parcel number(s): R5915720010 and R5915720040 d
Township, range, section: T3N R1E S .ctinn 19 Total acreage: aoorox. 17.84 a r S
Current land use: Commercial* Victory Greens
Current zoning district: C:-C;
Landscape Nursery -
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
I
2 or more Bedrooms:
Proposed building height:
Average property size (s.f.):
Net density (DU/acre-excluding roads & alleys):
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family
Project Description
Project/subdivision name: Emerson Park Subdivision (PP-07-014)
General description of proposed project/request: Modification of existing development agreement to reflect
currant apnrovart application and canditionG of appmyni
Proposed zoning district(s): n/a
Acres of each zone proposed: n/a
Type of use proposed (check all that apply):
❑ Residential 14 Commercial 0 Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable): n/a
Who will own & maintain the pressurized irrigation system in this development? n/a
Which irrigation district does this property lie within? n/a
Primary irrigation source: n/a Secondary: n/a
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): n/a
Residential Project Summary (if applicable) n/a
Number of residential units: Number of building lots:
Number of common and/or other lots:
Proposed number of dwelling units (for multi -family developments only):
1 Bedroom:
Minimum square footage of structure(s) (excl. garage):
Minimum property size (s.f): _
Gross density (DU/acre-total land):
Percentage of open space provided:
Percentage of useable open space:
Non-residential Project Summary (if applicable) n/a
Number of building lots: Other lots:
Gross floor area proposed:
Hours of operation (days and hours):
Percentage of site/project devoted to the following:
Landscaping:
Total number of employees:
Building:
Existing (if applicable):
Building height:
Paving:
Seating capacity:
Total number of parking spaces provided: Number of compact spaces provided:
Maximum number of employees at any one time:
Number and ages of students/children (if applicable):
Authorization
Print applicant name: Kuna victory, LLC
Applicant signature: See attached signature page.
660 E. Watertower Lane, Suite 202 • Date:
3642
Phone: (208) 884-5533 • Facsimile: 208 888-6854 Meridian, Idaho ww.m
( ) Website: www.meridiancity.org
2 (Rev. 414108)
Richard H. Andrus
JoAnn C. Butler
T. Hethe Clark
Lauren Maiers Reynoldson
Michael T. Spink
(208)388-0230
rand rusasb-attorneys. corn
September 16, 2008
Via Hand-Delivenj
City of Meridian Planning Department
660 E. Watertower Street
Suite 202
Meridian, ID 83642
RE: Application for Development Agreement Modification - Emerson Park Subdivision
SB File No. 22274.14
Dear City of Meridian Planning Department:
This firm represents Kuna Victory, LLC ("Kuna Victory") in submitting the enclosed application
for Development Agreement Modification. The application relates to Condition of Approval
1.1.1 of the preliminary plat for Emerson Park Subdivision ("Emerson Park"), Meridian Case
Number PP-07-014. Kuna Victory owns the property subject to this application.
On December 18, 2007, the Meridian City Council (the "Council') approved the preliminary
plat for Emerson Park, which is located at the northeast corner of the intersection of Meridian
Road and Victory Road. Emerson Park constitutes a resubdivision of a portion of a larger parcel
previously platted as Mussell Corner Subdivision ("Mussell Corner") under Meridian Case
Numbers AZ-03-038, PP-03-007, CUP-03-071, and MI-06-005.
The larger Mussell Corner property is subject to a development agreement dated November 17,
2004 and recorded in the Ada County Recorder's Office on December 3, 2004 as Instrument
No. 104153422 (the "Original Development Agreement"). The Original Development
Agreement was later modified by an Addendum to the Development Agreement dated
September 14, 2006 and recorded in the Ada County Recorder's Office on September 29, 2006 as
Instrument No. 106155843 (the "Addendum").
Condition 1.1.1 of the Emerson Park approvals required Kuna Victory to apply for a
modification of the Original Development Agreement and Addendum. Condition 1.1.1
specifically provides as follows:
251 E. FRONT STREET
SUITE 200
P.O. BOX 639
BOISE, IDAHO 83701
208-388-1000
208-388-1001 (F)
W W W.SPI N K8UTLER.COM
City of Meridian Planning Department
September 16, 2008
Page 2
The Applicant shall apply for a Miscellaneous Application to amend the existing
Development Agreement(s) for this site to reflect the conditions of approval of
the subject preliminary plat.
Kuna Victory makes the present application to satisfy Condition of Approval 1.1.1 for Emerson
Park.
The Original Development Agreement and the Addendum encumber Lots 1, 2, 3, and 4, Block 1
of Mussell Corner. The present application for a modified development agreement will apply
to Lots 1 and 4, Block 1 of Mussell Corner. Thus, the modified development agreement will
replace the Original Development Agreement and the Addendum on Lots 1 and 4, Block 1 of
Mussell Corner, but the Original Development Agreement and the Addendum will continue to
apply to Lots 2 and 3, Block 1 of Mussell Corner.
The proposed development agreement and the Original Development Agreement (and the
Addendum) contain virtually the same or similar language. However, Section 6 includes the
substantive differences between the two development agreements. In the proposed
development agreement, the conditions of approval for Emerson Park have replaced the
conditions of approval for Mussell Corner that were included in the Original Development
Agreement.
In addition to the draft proposed development agreement (Tab 7) , please find attached the
following supporting documents:
• A completed and signed Commission & Council Review Application (Tab 1);
• A signed Affidavit of Legal Interest (Tab 1);
• A scaled vicinity map showing the location of the subject property (Tab 2);
• Pre -application meeting notes (Tab 3);
• Neighborhood meeting sign -in sheet (Tab 4);
• Commitment of Property Posting form signed by Richard Kinder of Toothman-
Orton (Tab 5); and
A check to cover the application Fee (Tab 6).
We look forward to working further with the City on this matter. Please do not hesitate to call
me if you have any questions.
Sincerely,
Richard H. Andrus
RHA:kah
Enclosures
c: Chris Tverdy (via e-mail)(zv/encl.)
Rich Kinder (via e-mail)(zv/encl.)
Kuna Victory, LLC, an Idaho limited liability company
By: Oaas Laney, LLC,
an Idaho limited liability company,
its Member
By: Whiterock Investments, LLC,
an Idaho limited liability company,
its Member
Emerson Park Subdivision
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DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Kuna Victory, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Development Agreement"), is
made and entered into this day of , 2008, by and between the
CITY OF MERIDIAN, a municipal corporation of the State of Idaho (hereinafter "City"), and
KUNA VICTORY, LLC, an Idaho limited liability company (hereinafter "Owner/Developer")
RECITALS:
1.1. WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain
tract of land located 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, the Property and additional lands adjacent thereto (hereinafter
collectively "Mussell Corner Subdivision") were previously approved by the
City for annexation, zoning, preliminary plat, conditional use permit, and certain
modifications thereto under Files AZ-03-038, PFP-03-007, CUP-03-071, and MI-
06-005; and
1.3. WHEREAS, that certain Development Agreement recorded in the real property
records of Ada County, Idaho, on December 3, 2004, as Instrument Number
104153422, together with that certain Addendum to the Development Agreement
recorded in the real property records of Ada County, Idaho, on September 29,
2006, as Instrument Number 106155843 (collectively, the "Original
Development Agreement") encumber Mussell Corner Subdivision, including the
Property; and
1.4. WHEREAS, upon recordation of this Development Agreement, the Original
Development Agreement shall be void and terminated in its entirety and of no
further force or effect in relation to the Property; and
1.5. WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re -zoning that the Owner/Developer
make a written commitment concerning the use or development of the subject
Property; and
DEVELOPMENT AGREEMENT (PP-07-014) EMERSON PARK SUBDIVISION, PAGE 1
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1.6. WHEREAS, City has exercised its statutory authority by the enactment of
Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements
upon the annexation and/or re -zoning of land; and
1.7. WHEREAS, Owner/Developer submitted, and the City approved, an application
for preliminary plat approval of the Property identified as Application No. PP-07-
014 (hereinafter "Emerson Park Subdivision"), wherein the City required a
modification of the Original Development Agreement to reflect the conditions of
approval for the Emerson Park Subdivision; and
1.8. 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 subject Property will be developed and what
improvements will be made; and
1.9. WHEREAS, record of the proceedings for the requested approval of Emerson
Park Subdivision held before the Planning & Zoning Commission, and
subsequently before the City Council, include responses of government
subdivisions providing services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
1.10. WHEREAS, City Council on the 18th day of December 2008 approved certain
Findings of Fact and Conclusions of Law and Decision and Order for Emerson
Park Subdivision, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
1.11. WHEREAS, the Findings require the Owner/Developer to enter into a
development agreement to replace the Original Development Agreement; and
1.12. WHEREAS, Owner/Developer deems it to be in its best interest to be able to
enter into this Development Agreement and acknowledges that this Development
Agreement was entered into voluntarily and at its urging and requests; and
1.13. 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 Development Agreement, herein being established as a result of evidence
received by the City in the proceedings for annexation and zoning designation
from government subdivisions providing services within the planning jurisdiction
and from affected property owners and to ensure annexation and zoning
designation is in accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, Owner/Developer and City desire to enter into this Development
Agreement and for and in consideration of the mutual covenants contained herein, it is agreed as
follows:
DEVELOPMENT AGREEMENT (PP-07-014) EMERSON PARK SUBDIVISION, PAGE 2
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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 Development 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 Development
Agreement, which is a municipal Corporation and government subdivision of the
state of Idaho, organized and existing by virtue of law of the State of Idaho,
whose address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "Owner/Developer": means and refers to Kuna Victory, LLC, an Idaho limited
liability company, whose address is 519 W. Front Street, Boise, ID 83702, the
party owning and developing said Property being developed as Emerson Park
Subdivision and shall include any subsequent owner(s)/developer(s) of the
Property.
3.3 "Property": means and refers to that certain parcel(s) of Property located in the
County of Ada, City of Meridian as described in Exhibit A describing certain
parcels to be replatted as part of the Emerson Park Subdivision attached hereto
and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS DEVELOPMENT AGREEMENT:
4.1 The uses allowed pursuant to this Development Agreement are only those uses
allowed under City's Unified Development Code codified in Table 11-213-2 and
herein specified as follows:
a) Principally permitted uses on the subject property shall be allowed
without Conditional Use Permit approval, provided all future buildings
have: sloped metal roofs with overhanging eaves that are supported by
posts; are oriented toward the public street (Front door facing street);
siding visible from the street containing at least a three-foot tall
wainscoting constructed of stone, brick, or other similar materials; that
each building will provide a variety of building materials and colors; and
each building is generally consistent with the nine pictures submitted with
MI-06-005 (attached to this addendum), as determined by the Planning
Director. If a future proposed building is not consistent with the above -
mentioned provisions, then the building and use shall be required to obtain
Conditional Use Permit approval prior to construction and operation.
b) Future construction on the subject site shall be generally consistent with
the Master Site Plan submitted with MI-06-005 (attached to this
addendum), as determined by the Planning Director. All buildings with
frontage on Victory Road or Meridian Road will be limited to a maximum
11,000 square foot building footprint and no building on this site shall
have a building footprint larger than 20,000 square feet. If a future
DEVELOPMENT AGREEMENT (PP-07-014) EMERSON PARK SUBDIVISION, PAGE 3
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proposed building is not consistent with the Master Site Plan, then the
building shall be required to obtain Conditional Use Permit approval.
c) That all future buildings on the subject property will be required to submit
a Certificate of Zoning Compliance (CZC) application prior to
construction. And all future buildings adjacent to Meridian Road will be
required to obtain Design Review approval prior to construction.
4.2 No change in the uses specified in this Development Agreement shall be allowed
without modification of this Development Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City
an application for conditional use permit, and shall be required to obtain the City's approval
thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided,
prior to, and as condition of, the commencement of construction of any buildings or
improvements on the Property that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
Owner/Developer shall develop the Property in accordance with the conditions in the Findings
attached as Exhibit B.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Development Agreement
and the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Owner/Developer or its heirs, successors, assigns, to comply with Section 6
entitled "Conditions Governing Development" of subject Property of this Development
Agreement within two years of the date this Development Agreement is effective, and after the
City has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any
subsequent amendments or recodifications thereof.
8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING
DESIGNATION: Owner/Developer consent upon default to the de -annexation and/or a
reversal of the zoning designation of the Property subject to and conditioned upon the following
conditions precedent to -wit:
8.1 That the City provide written notice of any failure to comply with this
Development Agreement to Owner/Developer and if the Owner/ Developer fails
to cure such failure within six (6) months of such notice.
9. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or
the entirety of said development of the Property as required by this Development Agreement or
by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections
and written approval of such completed improvements or portion thereof in accordance with the
terms and conditions of this Development Agreement and all other ordinances of the City that
apply to said Development.
DEVELOPMENT AGREEMENT (PP-07-014) EMERSON PARK SUBDIVISION, PAGE 4
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10. DEFAULT:
10.1 In the event Owner/Developer and/or its heirs, successors, assigns, or subsequent
owners of the Property or any other person acquiring an interest in the Property,
fail to faithfully comply with all of the terms and conditions included in this
Development Agreement in connection with the Property, this Development
Agreement may be modified or terminated by the City upon compliance with the
requirements of the Zoning Ordinance.
10.2 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 breach and breaches
waived and shall not bar any other rights or remedies of City or apply to any
subsequent breach of any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of
this Development Agreement or this Development Agreement, including all of the Exhibits, at
Owner's/Developer's cost, and submit proof of such recording to Owner/ Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of
the Property by the City Council. If for any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release of
this Development Agreement.
12. ZONING: City shall, following recordation of the duly approved Development
Agreement, enact a valid and binding ordinance zoning the Property as specified herein.
13. REMEDIES: This Development Agreement shall be enforceable in any court of
competent jurisdiction 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.
13.1 In the event of a material breach of this Development Agreement, the parties
agree that City and Owner/Developer shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non -breaching party's
seeking of any remedy provided for herein; provided, however, that in the case of
any such default which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with diligence
and continuity, then the time allowed to cure such failure may be extended for
such period as may be necessary to complete the curing of the same with
diligence and continuity.
13.2 In the event the performance of any covenant to be performed hereunder by either
Owner/Developer or City is delayed for causes which are beyond the reasonable
control of the party responsible for such performance, which shall include,
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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.
14. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian
City Code § 12-5-3, to insure that installation of the improvements, which the Owner/Developer
agrees to provide, if required by the City.
15. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates
of Occupancy will be issued until all improvements are completed, unless the City and
Owner/Developer have entered into an addendum agreement stating when the improvements will
be completed in a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed, completed, and accepted
by the City.
16. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all
ordinances of the City of Meridian and the Property shall be subject to de -annexation if the
Owner/Developer or its assigns, heirs, or successors shall not meet the conditions contained in
the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances
of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this Development
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Kuna Victory, LLC
519 W. Front Street
Boise, ID 83702
17.1 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.
18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Development 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
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between the parties and shall survive any default, termination or forfeiture of this Development
Agreement.
19. 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 Development Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS. This Development 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
Development Agreement shall be binding on the Owner/Developer of the Property, each
subsequent owner and any other person acquiring an interest in the Property. Nothing herein
shall in any way prevent sale or alienation of the Property, or portions thereof, except that any
sale or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefitted and bound by the conditions and restrictions herein expressed. City
agrees, upon written request of Owner/Developer, to execute appropriate and recordable
evidence of termination of this Development Agreement if City, in its sole and reasonable
discretion, had determined that Owner/Developer has fully performed its obligations under this
Development Agreement.
21. INVALID PROVISION: If any provision of this Development Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this
Development Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Development 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 Development 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.
22.1 No condition governing the uses and/or conditions governing development of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Development Agreement shall be
effective on the date hereinabove written.
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u
ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties have herein executed this Development
Agreement and Made it effective as hereinabove provided.
OWNER/DEVELOPER:
KUNA VICTORY, LLC
an Idaho limited liability company
By: Oaas Laney, LLC,
an Idaho limited liability company,
its Member
By: Whiterock Investments, LLC,
an Idaho limited liability company,
its Member
By:
T. Erik Oaas, Manager
By: Laneyland L.P.,
an Idaho limited partnership,
its Member
Steven H. Laney, General Partner
CITY OF MERIDIAN:
Lb."
Attest:
CITY CLERK
MAYOR TAMMY de WEERD
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STATE OF IDAHO )
ss.
COUNTY OF ADA
On this day of , in the year 2008, before me, a Notary
Public, personally appeared T. Erik Oaas, known or identified to me to be a Manager of
Whiterock Investments, LLC, a Member of Oaas Laney, LLC, a Member of Kuna Victory, 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.
Notary Public for Idaho
Commission expires: _
Residing at:
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this day of , in the year 2008, before me, a Notary
Public, personally appeared Steven H. Laney, known or identified to me to be the General
Partner of Laneyland L.P., a Member of Oaas Laney, LLC, a Member of Kuna Victory, 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.
Notary Public for Idaho
Commission expires: _
Residing at:
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STATE OF IDAHO )
ss.
COUNTY OF ADA
On this day of , in the year 2008, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, known or identified to me
to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or
the person that executed the instrument of behalf of said City, and acknowledged to me that such
City executed the same.
Notary Public for Idaho
Commission expires: _
Residing at:
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EXHIBIT A
Le al Descri tion of Pro e
Lots 1 and 4, Block 1 of MUSSELL CORNER SUBDIVISION, according to the Official Plat
thereof filed as Instrument Number 106068718, Book 95 of Plats at Pages 11624 through 11626,
in the records of Ada County, Idaho on May 2, 2006.
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EXHIBIT B
Findings for Emerson Park Subdivision
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 SITE SPECIFIC REQUIREMENTS —PRELIMINARY PLAT
1.1.1 The preliminary plat labeled as Sheet I of 1, prepared by Toothman-Orton Engineering
Company, dated July 6, 2007, is approved with the conditions listed herein. The Applicant shall
comply with all previous requirements of this site including those associated with AZ-03-038,
PP-03-007, CUP-03-071, MI-06-005, and Development Agreement Instrument No.'s 104153422
& 106155843. The Applicant shall apply for a Miscellaneous application to amend the
existine Development Agreement(s) for this site to reflect the conditions of approval of the
subiect preliminary plat.
1.1.2 All future structures on the subject lots shall be required to obtain Certificate of Zoning
Compliance (CZC) approval prior to issuance of building permits. Additionally, all structures
on Lots 1-7, Block 1 that are adjacent to S. Meridian Road (an entryway corridor) shall also
obtain Design Review approval with the CZC.
1.1.3 All future structures on the site that do not comply with the building elevations shown in
Exhibit A.4 and the materials listed in the Development Agreement (Instrument No.
106155843), shall be required to obtain Conditional Use Permit approval prior to construction
and operation.
1.1.4 Wide.^. or. FeeenstFastthe sidewalk S. xre-:a n a ti �n a a
"sting- �::mralong . 440Fidias Read- tube-a-z-0 fee; Ride
pathway in aomplianse with UDG 11 3H 4CA and plase said sidewalk�pathway within a publiG
use easement shown on the far.@ Of thO fi" Plat (fOF afl)' POF60ft outside the right of way).
1.1.5 A driveway stub to the north property boundary and cross -access easement is required to be
provided to parcel #R2114050305. The driveway shall be a minimum of 20 feet wide and be
constructed to ACHD standards. Cross -access shall be provided through a recorded document and
a copy of said easement shall be submitted to the City prior to the City Engineer's signature on
the final plat OR a note shall be added to the face of the final plat granting said cross -access.
1.1.6 The landscape plan submitted for this project, prepared by Toothman-Orton Engineering, labeled
Sheets L1 & L2, dated 7/13/07, is approved subject to the following revisions/notes:
a. Provide a minimum 35-foot wide landscape buffer along S. Meridian Road in accordance
with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum
density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other
vegetative groundcover.
b. Provide a minimum 2-515-foot wide landscape buffer where there is adequate room
available on the site where no buildings or parking lots exist along E. Victory Road in
accordance with the standards listed in UDC I1-3B-7, Landscape Buffers along Streets. A
minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn,
or other vegetative groundcover. Provide additional trees and landscaping within the Victory
Road buffer to meet this requirement. The Applicant shall submit an application for
Alternative Compliance for a reduction in buffer width to 15 feet along Victory Road
prior to or concurrent with the final plat application
c. Provide a minimum 10-foot wide landscape buffer along Holleran Drive and Emerson Street
as shown on the landscape plan and in accordance with the standards listed in UDC 11-3B-7,
Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required
within the buffers with shrubs, lawn, or other vegetative groundcover. Provide additional
trees and landscaping within the Holleran Drive & Emerson Street buffers to meet this
Exhibit C
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
requirement.
d. Provide a minimum 25-foot wide landscape buffer along the north property boundary
adjacent to parcel #R2114050305 (residentially zoned RUT in Ada County) as required by
UDC 11-2B-3, in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers
to Adjoining Uses. Said buffer shall be provided comprised of, but not limited to, a mix of
evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover at a density that
results in a barrier that allows trees to touch at the time of the tree maturity.
e. The Applicant shall either landscape the 30-foot wide Kennedy Lateral easement with grass
and low lying bushes or shrubs (not trees) as allowed by the irrigation district or provide a 5-
foot wide buffer outside of the Kennedy Lateral easement planted with trees and vegetation in
accordance with the standards listed in UDC 11-3B-9C, Landscape Buffers to Adjoining
Uses, to meet the requirement for a buffer to residential uses.
g. A written certificate of completion should be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan and submitted to the Planning
Department upon completion of the landscaping prior to Certificate of Occupancy for the site.
All standards of installation should apply as listed in UDC 11-3B-14;
h. Comply with the standards in UDC 11-3B-10C for preservation of existing trees on site as
follows:
➢ Mitigation shall be required for all existing trees four -inch (4") caliper or greater that
are removed from the site with equal replacement of the total calipers lost on site up to
an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch
caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) 4-
inch caliper trees, or seven (7) 3-inch caliper trees.)
➢ No mitigation is required in the following: (i) existing prohibited trees within the street
buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal
by the City of Meridian Parks Department arborist; (iii) trees that are required to be
removed by another governmental agency having jurisdiction over the project.
➢ Required landscaping: Existing trees that are retained or relocated on site may count
toward the required landscaping. Mitigation trees are in addition to all other
landscaping required by this Article.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above,
with the final plat application(s).
1.1.7 A minimum 35-foot wide street buffer is required along S. Meridian Road; a minimum 2515-foot
wide buffer is required along E. Victory Road located outside of the ultimate right-of-wav
where no buildings or parking lots exist; and a minimum 10-foot wide buffer is required along
Holleran Drive and Emerson Street. These buffers shall be depicted on the plat as a permanent
easement/buffer or included as a common lot in the subdivision and shall be maintained by the
Business Owner's Association.
1.1.8 No signage is approved with this application. All signs proposed for this site shall obtain separate
sign permit approval.
1.1.9 A cross -access easement shall be recorded for all lots within the subdivision that do not have
frontage on a public street, or front Meridian Road. All lots within the subdivision should have
access to the access points approved in this application. This easement(s) shall be recorded and a
Exhibit C
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
copy of said easement(s) submitted to the City prior to the City Engineer's signature on the final
plat OR a note shall be added to the face of the final plat(s) granting said cross -access.
1.1.10 It shall be the responsibility of the Applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
1.1.11 Compaction test results shall be submitted to the ]Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
1.1.12 The access driveway at the north end of this site to Meridian Road that is currently being used for
loading for Victory Greens shall be removed and the use discontinued prior to signature on the
final plat or phase 2 of tb d v loom nt as deni t d on Ibc yba 'ng nla /nlat cho y i
Exhibit A_L
1.1.13 Direct lot access to Meridian Road is prohibited; other than the access points specifically
approved with this application, direct lot access to S. Meridian Road and E. Victory Road is
prohibited and shall be noted on the final plat. The relocation of the existing access to/from
State Mebwav 69/Meridian Road further to the north should be allowed if agreed upon by
the owners of Double D. the Idaho Transportation Department and City Council A
Variance is required to be approved by City Coancil for the relocation of an existing access
point to a state highway.
1.1.14 All areas approved as open space shall be free of w!t ponds or other such nuisances except for
the pond on Lot 6, Block 2. which shall be allowed to remain provided that the pond have
re -circulating water and be maintained so that it does not become a mosquito breeding
ground, in accordance with UDC 11-3B-9C6. All stormwater detention facilities incorporated
into the approved open space are subject to UDC 1:-3A-18 and shall be fully vegetated with
grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open
space lots, except as permitted under UDC 11-3A-18. Where the Applicant has submitted a
preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be
consistent with the preliminary plan with modifications as proposed by Staff. If the stormwater
detention facility cannot be incorporated into the approved open space and still meet the standards
of UDC 11-3A-18, then the Applicant shall relocate the facility. This may require losing a
developable lot or developable area. It is the responsibility of the developer to comply with
ACHD, City of Meridian and all other regulatory requirements at the time of final construction.
1.2 GENERAL REQUIREMENTS —PRELIMINARY PLAT
1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to City Code.
1.2.2 The Applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with City Code.
1.2.3 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.2.4 Staffs failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does
not relieve the Applicant of responsibility for compliance.
1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A.
Exhibit C
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service for the north portion of this development shall be via extension of the main
in Meridian Road. The south portion of the project will sewer to the Black Cat trunk that will
need to be installed in E Victory Road. The applicant will be responsible to install a portion of the
Black Cat trunk along their south frontage on E Victory Road starting from a manhole that will be
located on the West side of Meridian Road at the developer's expense. The applicant shall install
mains to and through this subdivision; applicant shall coordinate main size, manhole locations
and routing with the Public Works Department. The applicant shall execute standard forms of
easements for any mains that are required to provide service. 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. Staff will work with the Applicant to draft a reimbursement agreement that
will ao before City Council for approval as outlined in Citv Code 9-4-19
2.2 Water service to this site is being proposed via the existing mains in E Victory Road, and S.
Meridian Road. Due to fire flow requirements the applicant shall be responsible to install
multiple water connections in E Victory Road, and S. Meridian Road. The applicant shall be
responsible to install mains to and through this development, coordinate main size and routing
with Public Works.
2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, a single -point connection to the
culinary water system shall be required. If a single -point connection is utilized, the developer will
be responsible for the payment of assessments for the common areas prior to signature on the
final plat by the City Engineer.
2.5 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non -
domestic purposes such as landscape irrigation.
2.6 Per UDC I I-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being developed shall be tiled. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non -approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.7 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off -site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
required improvements prior to signature on the final plat. These include but are not limited to,
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water.
Exhibit C
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2.9 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive
final approval prior to occupancy. Other required development improvements, such as fencing,
micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy
2.10 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.11 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.14 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.16 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public
residential streets. Two -hundred and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire hydrants, and no further than
400' distance in between locations. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and permit from Building Department prior to
commencing installations.
3. MERIDIAN FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %:" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
Exhibit C
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radius.
3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.7 Commercial and office occupancies will require a fire -flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.8 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.9 Maintain a separation of 5' from the building to the dumpster enclosure.
3.10 Provide a Knox box entry system for the complex prior to occupancy.
3.11 The fast digit of the Apartment/Office Suite shall correspond to the floor level.
3.12 The Fire Dept. has concerns about the addressing of the existing house and the address being visible
from the street which the project is addressed off of. Please contact the Addressing Specialist at
898-5500 to address this concern prior to the public hearing.
3.13 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building
3.14 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.15 There shall be a fire hydrant within 100' of all fire department connections.
3.16 Buildings over 30' in height are required to have access roads in accordance with The International
Fire Code Appendix D Section D105.
3.17 This project will be required to provide an emergency access driveway at the north end of Holleran
Drive to S. Meridian Road with a 20' wide swing or rolling emergency access gate setback 30-feet
from S. Meridian Road. The gate shall be equipped with a Knoxbox Padlock which has to be
ordered thru the Meridian Fire Department. The emergency access driveway may be incorporated
into the required stub street at the northern property boundary. Construction plans shall be
approved by the Meridian Fire Department
3.18 Emergency response routes and fire lanes shall not be allowed to have speed bumps.
3.19 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three
means of fire apparatus access for each structure. Two of the access roads shall be placed a distance
apart equal to not less than one half of the length of the overall diagonal dimension of the property or
area to be served, measured in a straight line. The fire department requests that any future
signalization installed as the result of the development of this project be equipped with Opticom
Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles.
This cost of this installation is to be borne by the developer.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
Exhibit C
DEVELOPMENT AGREEMENT (PP-07-014) EMERSON PARK SUBDIVISION, PAGE 17
S:\Docs\Oaas Laney, LLC\Victory Comer\AGR\Development Agt (Emerson Park modification)(9-15-08).DOC
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
6. SANITARY SERVICE COMPANY
6.1 The existing enclosure on this site needs to be modified.
7. ADA COUNTY HIGHWAY DISTRICT (DRAFT COPY)
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Construct the internal streets (Emerson Street / Holleran Dr.) as a 41-foot street section with
vertical curb, gutter and a 5-foot attached concrete sidewalk within 54-feet of right-of-way.
Provide an easement for any portion of the sidewalk located outside of the right-of-way.
7.1.2 Construct two cul-de-sac turnarounds at the north and south terminus of Holleran Drive.
7.1.3 Construct the southern common drive with 24-feet of pavement intersecting Emerson Street
approximately 280-feet north of East Victory Road.
7.1.4 Construct the northern common drive with 24-feet of pavement intersecting Emerson Street
approximately 310-feet north of East Victory Road.
7.1.5 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
bome by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
T2.10 Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Exhibit C
DEVELOPMENT AGREEMENT (PP-07-014) EMERSON PARK SUBDIVISION, PAGE 18
S:\Docs\Oaas Laney, LLC\Victory Comer\AGR\Development Agt (Emerson Park modification)(9-15-08).DOC
,%.r
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted nurs„ant to the lam ;n
DEVELOPMENT AGREEMENT (PP-07-014) EMERSON PARK SUBDIVISION, PAGE 19
S:\Docs\Oaas Laney, LLC\Victory Corner\AGR\Development Agt (Emerson Park modification)(9-15-08).DOC
File No.: MDA-08-005
Project Name: Emerson Park
Request: Request to modify the Development Agreement for Mussell Corner.
Location: Located on the northeast corner of S. Meridian Road and E. Victory Road, in the
SW'/a of Section 19, T.3N., R.IE.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, T. Erik Oaas, Manalzer of Whiterock Investments LLC Member of Oaas Laney LLC Member of
Kuna Victory, LLC P.O. Box 2020
(name) (address)
Boise ID
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the Manager of Whiterock Investments, LLC, the Member of Oaas Laney,
LLC, the Member of Kuna Victory, LLC, the record owner of the property described on
the attached, and I grant my permission to:
Richard H. Andrus, Spink Butler LLP P.O Box 639, Boise, ID 83701
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. 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.
3. 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 �day
SUBSCRIBED AND SWORN to before me 1
KIMBERLY CLARKE
Notary Public
State of Idaho
Residing at:��)
My Commission Expires:
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 0 Website: www.meridiancity.org
s •°
Meridian Pre -application Meeting Notes Date: B -zs -d a
Project/Subdivision Name: F—me-r-s rN Pa-rr--
Applicant/Contact: OA,s TverdU
City Staff: Stm y a, Cp-Ae- 6, Sc_o t-t
Location: Zvi io } 3o3a S. Mend.a.n Pd.
Existing Zoning: C- G Contiguous and Within AM (AZ nl
Proposed Zoning: --
Property Size:
Surrounding Uses:
Comprehensive Plan Designation(s): a. t
Street Buffers and/or Land Use Buffers:
Open Space/Amenities/Pathways:
Street System/Stub Streets/Access:
Sewer and Water Service:
Topography/Hydrology/Floodplain Issues:
Canals/Ditches/Irrigation and/or Hazards:
History:
Other Agencies/Departments to Contact (circle):
Ada County Highway District
Nampa and Meridian Irrigation
Idaho Transportation Department
Settlers Irrigation
Sanitary Services Corporation
Fire Department
Central District Health
Police Department
Applications Required (circle all
that apply):
Accessory Use
Design Review
Alternative Compliance
Final Plat Modification
Annexation
Misc. (DA Modification)
Certificate of Zoning Compliance
Planned Unit Development
Comp Plan Map Amendment
Preliminary Plat
Comp Plan Text Amendment
Private Street
Conditional Use Permit
Rezone
Additional Pre -Application Conference (circle one): Required
Anticipated Submission Date:
o y).
Number of Units and/or Lots:
Dwelling Type (if residential):
M
Parks Department
Public Works Department
Building Department
Other:
Short Plat
Time Extension
UDC Text Amendment
Vacation
Variance
Other: vre
MCGP -; ern e n t
Anticipated Hearing Date:
of Required
NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance with UDC 11-5A-5C, prior to submittal of an
application requiring a public hearing (except vacation and short plat). 2) Except for UDC Teat Amendments, Comprehensive Plan
Text Amendments, Short Plat, and Vacation applications, all other applications requiring a public hearing shall be posted in
accordance with UDC 11-5A-5 D. 3) The information provided during this meeting is based on current City Code and
Comprehensive Plan. Any subsequent changes to City Code and/or the Comprehensive Plan may affect your submittal and/or
application. This pm -application meeting shall be valid for 6 months.
Emerson Park Subdivision
Development Agreement Modification
Neighborhood Meeting Sign -in Sheet
Monday, September 8, 2008
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
9—Z-- 08
Date
RADIUS NOTICE REPORT FILE NAME: ewers
22-Sep-2008
Owners
Owner Address
BULLOCK ROBERT CLARKE
437 E FOREST RIDGE DR
BULLOCK LAURA LEE
BOISE, ID 83642-0000
Property Address:
emers
CAVEN JERRY L
6874 FAIRVIEW AVE
BOISE, ID 83704-0000
Property Address:
emers
CHANEY RICHARD L
448 E OBSERVATION DR
CHANEY IRENE V
MERIDIAN, ID 83642-4650
Property Address:
emers
DBSI TANANA VALLEY LLC
1550 S TECH LN
MERIDIAN, ID 83642-0000
Property Address:
emers
KUNA VICTORY LLC
P O BOX 2020
BOISE, ID 83701-0000
Property Address:
emers
KUNA VICTORY LLC
P O BOX 2020
BOISE, ID 83701-0000
Property Address:
emers
MAJESTIC INC
PO BOX 812
MERIDIAN, ID 83680-0000
Property Address:
emers
MAJESTIC INC
PO BOX 812
MERIDIAN, ID 83680-0000
Property Address:
emers
MAJESTIC INC
PO BOX 812
MERIDIAN, ID 83680-0000
Property Address:
emers
I
Owners
Owner Address
MAJESTIC INC
PO BOX 812
MERIDIAN, ID 83680-0000
Property Address:
emer
MAJESTIC INC
PO BOX 812
MERIDIAN, ID 83680-0000
Property Address:
emer
MAJESTIC INC
PO BOX 812
MERIDIAN, ID 83680-0000
Property Address:
emers
MAJESTIC INC
PO BOX 812
MERIDIAN, ID 83680-0000
Property Address:
emers
MAJESTIC INC
PO BOX 812
MERIDIAN, ID 83680-0000
Property Address:
emers
MAJESTIC INC
PO BOX 812
MERIDIAN, ID 83680-0000
Property Address:
emers
MAJESTIC INC
PO BOX 812
MERIDIAN, ID 83680-0000
Property Address:
emers
MAJESTIC INC
PO BOX 812
MERIDIAN, ID 83680-0000
Property Address:
emers
MAJESTIC POINTE HOMEOWNERS ASSOCIA
2000 E OVERLAND RD
MERIDIAN, ID 83642-0000
Property Address:
emers
MAJESTIC POINTE HOMEOWNERS ASSOCIA
2000 E OVERLAND RD
MERIDIAN, ID 83642-0000
Property Address:
emers
2
J
Owners Owner Address
MUSSELL TIM J 3800 S KUNA MERIDIAN RD
MUSSELL CAROL M MERIDIAN, ID 83642-0000
Property Address: emers
NAMPA MERIDIAN IRRIGATION DISTRICT 1503 O1ST S
NAMPA, ID 83651-0000
Property Address:
OBSERVATION POINT HOMEOWNERS ASSO
Property Address:
OBSERVATION POINT HOMEOWNERS ASSO
Property Address:
OBSERVATION POINT HOMEOWNERS ASSO
Property Address:
OLSON TYLER G
Property Address:
PORTER STEVEN J
PORTER JUDITH C
Property Address:
R. R DAVIS PROPERTIES INC
DAVIS BROS PROPERTIES LLC
Property Address:
SCOTT CRAIG M
SCOTT ALEESA B
Property Address:
SILVA PEDRO Y
SILVA ESMERALDA
Property Address:
emers
6874 FAIRVIEW AVE
BOISE, ID 83704-0000
emers
6874 FAIRVIEW AVE
BOISE, ID 83704-0000
emers
6874 FAIRVIEW AVE
BOISE, ID 83704-0000
emers
2985 S ANDROS WAY
MERIDIAN, ID 83642-4642
emers
470 E OBSERVATION DR
MERIDIAN, ID 83642-0000
emers
2780 N GREENBELT PL
MERIDIAN, ID 83646-9058
emers
3009 S ANDROS WAY
MERIDIAN, ID 83642-0000
emers
3061 S ANDROS WAY
MERIDIAN, ID 83642-0000
emers
3
Owners
STALLINGS WILLIAM D
Owner Address
2973 S ANDROS WAY
MERIDIAN, ID 83642-0000
Property Address: emers