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HomeMy WebLinkAbout2008 Primeland Development Company DA for Bridgetower Crossing Sub. Phase 2 AZ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 55 BOISE IDAHO 05122108 02:02 PM DEPUTY Bonnie Oberbiilig III IIII�IlII IIfI�III�II�IIf�I! I I III RECORDED-REQUEST OF Meridian City 108059602 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Development Company, LLC, Owner/Developer THIS,DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 15 day of Crla , 2008, by and between City of Meridian, a municipal corporation of the State J Idaho, hereafter called CITY, and Primeland Development Company, LLC, whose address is 3120 W. Belltower Drive, Suite 100, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. 1. 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 for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511 A,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 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance t 1-513-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1 A WHEREAS,Owner/Developer has submitted an application for re- zoning of the Property's described in Exhibit A, and has requested a designation of C-N, Neighborhood Business District and L-O, Limited Office District(Municipal Code of the City of Meridian);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 subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT(RZ 07-022)BRIDGETOWER CROSSING COMMERCIAL PAGE I OF 9 Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 18'h day of March, 2008, has approved the City of Meridian Planning Department Staff Report,set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full,hereinafter referred to as(the Findings); and 1.8 WHEREAS,the Staff Report requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; 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 development 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 re-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 Unified Development Code, Title 11. NOW,THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 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: DEVELOPMENT AGREEMENT(RZ 07-022)BRIDGETOWER CROSSING COMMERCIAL PAGE 2 OF 9 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Primeland Development Company, LLC, whose address is 3120 W. Belitower, Meridian, Idaho 83646, the party that owns and is developing said Property and shall include any subsequent owner(s)or 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 the parcels to be re-zoned C-N,Neighborhood Business District and L-O, Limited Office District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § l 1-213 which are herein specified as follows: Preliminary Plat of 8 commercial buildings and 1 other lot in the proposed C-N and L-O zones on 13.25 acres. The pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this RZ 07-022 application. 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: 1. The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full facade treatment if there is screening for the loading area., highlighted main entrances,stamped decorative concrete,flat roofs,accent metal DEVELOPMENT AGREEMENT(RZ 07-022)BRIDGETOWER CROSSING COMMERCIAL PAGE 3 OF 9 roofing,composite or tile roofing materials and variations in colors,roof planes and parapet heights. 2. Elevations shall substantially conform to the photos submitted with MI-07-014, as set forth in Exhibit D. 3. Development of the property shall generally comply, as determined by the Planning Director, a minimum of 2 buildings with no one building exceeding 33,725 square feet shall be constructed on lots associated with the Bridgetower Crossing Commercial Subdivision. The maximum allowable non-residential square footage for this development shall be 90,000 square feet. 4. The development of the site shall generally conform to the concept plan 1, 3 or any combination of 1 and 3 in Exhibit C. 5. The City Council expects some stamped decorative concrete within the proposed development. 6. COMPLIANCE PERIOD/CONSENT TO REZONE:This Agreement and the commitments contained herein shall be terminated,and the zoning designation reversed, upon a default of the Owner/Developer or Owner's/Developer's heirs,successors,assigns,to comply with Section 5 entitled"Conditions Governing Development of Subject Property"of this agreement within two years of the date this Agreement is effective,and after the City has complied with the notice and hearing procedures as outlined in Idaho Code§67-6509,or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 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 or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors,assigns,or subsequent owners of the Property or any other DEVELOPMENT AGREEMENT(RZ 07-022)BRIDGETOWER CROSSING COMMERCIAL PAGE 4 OF 9 person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 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. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost,and submit proof of such recording to Owners/Developers,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. IL ZONING: City shall,following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either City or 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. 12.1 In the event of a material breach of this 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. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes DEVELOPMENT AGREEMENT(RZ 07-022)BRIDGETOWER CROSSING COMMERCIAL PAGE 5 OF 9 which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §i 1-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has 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. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law,this Development Agreement,and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three(3)days after deposit in the United States Mail,registered or certified mail,postage prepaid,return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer Primeland Development Company, LLC City of Meridian 3120 W. Belltower, Suite 100 33 E. Idaho Ave. Meridian, Idaho 83646 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPMENT AGREEMENT(RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL PAGE 6 OF 9 1 b.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/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 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 fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 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. DEVELOPMENT AGREEMENT(RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL PAGE 7 OF 9 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER PRIMELAND DEVELOPMENT COMPANY,LLC ,L1 y J � : CITY OF MERIDIAN By: MAYOR T de WEERD ATTEST: +```Jlo_� C� '"►sti+i�irr ► i of C��pF�l •'QQ''.•YY !' o 's JAYCEWHOLMAN, CITY CLERg 8 AL r� DEVELOPMENT AGREEMENT(RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL PAGE 8 OF 9 ,`;�;,xx�-�{; ;, �. .<��� .: `�� t��" lam` . yid .. _ - . nP STATE OF IDAHO, ) ss County of Ada, } On this day of 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared t c_ known or identified to me to be the ' LY of Primeland Development Company, LLC and the person who signed the above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. t (SEAL) /Z'- d4 otary Publ' for or Idaho KIMBERLY WINKLE Residing at: . Notary Public My Commission Expires: 7 , , State of Idaho STATE OF IDAHO ) ss County of Ada ) On this 2.0 day of maw , 2009,before me, a Notary Public,personally appeared Tammy de Weerd and Jaycee Holman,know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day x GV in this certificate first above written. (SEAL) * Notary Public for Idaho Residing at: 0a Commission expires: OF Q . 4+. DEVELOPMENT AGREEMENT(RZ 07-022)BRIDGETOWER CROSSING COMMERCIAL PAGE 9 OF 9 I ��f�Y• • • �� . -�,,t� 1 `. : , . • :� • � ; • „ • ' v �� � �• � "s .�' s � Exhibit — Sriclgetower Crossing Commercial ■■ Quadrant Consulting. Inc. Legal Description For Bridgetower Crossing Subdivision No. 16 (C-N Rezone) Rezone from R-4 and C-G to C-N Lot 66 thru 70, Block 10 of Bddgetower Crossing Subdivision No. 7,Book 92 of Plats at Pages 10918-10919;Ada County Records and a portion of the Right-Of-Way of North Ten Mile Road and West Quintale Drive located in the Northwest quarter of Section 35, Township 4 forth, Range 1 West, Boise Meridian,Ada County, Idaho more particularly described as follows: Commencing at the Northwest corner of said Section 35, thence South 00'52'46"West, 443.00 feet along the West tine of said section to the Point of Beginning-, Thence South 89'07'14'East, 222.77 feet along the centerline of said West Quintale Drive; Thence continuing along said centerline 89.32 feet along a curve to the right,said curve having a radius of 300.00 feet,a delta angle of 17'03'32"and a chord bearing and distance of South 80`35'27"East,88.99 feet: Thence continuing 88.54 feet along a curve to the left, said curve having a radius of 300.00 feet,a delta angle of 16`54'34"and a chord bearing and distance of South 80'30'58"East,88.22 feet; Thence,leaving said centerline,South 00`52'46"West, 786.13 feet to the Southeast corner of said Lot 70; Thence North 89'07'14"West,398.00 feet to the West line of said Section 35; Thence North 00'52'46"East,812.52 feet along said West line to the Point of Beginning. Said parcel contains 7-37 acres more or less. 1AL I-AIVp REV1PPP OVAL 5Te V PcETVED rr �1- DE C 0 3 2067 MEROAH PU6i.SC Q�4T�OF ko woatcs DEPT. '�W IAtI�`'� �an�ok ��cini��r PLANNTDCG&ZONT G 1404 w.Ove0and • Boise.083705 - Phone(2081 342-007 • Fax(208)342.OD92 • Emoil:ovodrant4auadrani cc Civii Engineering • surveying • Construction Managemeni I r;Evl>: OVAL. ev Quadrant %1EP.10IAN PUBLIC Consulting, Inc. 1 Y4'CR3S5 DEPT. Legal Description For Bridgetower Crossing Subdivision No. 15 (L-0 Rezone) Rezone from R 4 to L-a Lot 2, Block 10 of Bridgetower Crossing Subdivision No.2, Book 86 of Plats at Pages 9641-9643;Lot 1 thru 3, Block 1 of Gallery Subdivision, Book 93 of Plats at Pages 11140-11141;Ada County Records and a portion of the Right-Of-Way of North Ten Mile Road and West Belitower Drive, located in the Northwest quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho more particularly described as follows: Commencing at the Northwest corner of said Section 35,thence South 00'52'46"West, 1255.52 feet along the West fine of said section to the Point of Beginning; Thence South 89`07'14"East,398.00 feet to the Northeast corner of said Lot 2; I Thence South 00'52'46"West, 494.52 feet to the centerline of said West Belltower Drive; Thence North 89 07'14"West,398,00 feet along said centerline to the West line of said Section 35; Thence North 00`52'46"East,494.52 feet along said West line to the Point of i Beginning. EXCLUDING THEREFROM: Lot 1, Block 10 of Bridgetower Crossing Subdivision No. 2, Book 86 of Plats at Pages 9641-9643;more particuiarty described as follows: Commencing at the Northwest comer of said Section 35,thence South 00'52'46"West, 1255.52 feet along the West line of said section,thence South 8907'14"East,233.00 feet,thence South 00'52'46"Vilest,60.02 feet to the Northwest corner of said Lot 1, being the Point of Beginning; Thence South 89'07'14"East, 140.00 feet to the Northeast corner of said Lot; Thence South 00'52'46"West, 145.11 feet to the Southeast corner of said Lot; Thence North 89`07'14"West, 140.00 feet to the Southwest comer of said Lot; Thence North 00'52'46"East, 145.11 feet to the Point of Beginning. LaS RFC LAG Said parcel contains 4.05 acres more or less. a "F4rF Of►�Q� LO 1904 w.Cvertand • Boiso, 0 83705 • Phone IM)342.0091 • Fax t208i 342-0042 • EMOR:clvadranttl�nil c.: Cwit Engineering • Surveying • conshvction Management j ■� Quadrant ConsuItIrig, tnc. Legal Description For Bridgetower Crossing Subdivision No.16 (L-O Rezone) Rezone from R-4 to L-O Lot 3, Block 6 of Bridgetower Crossing Subdivision No.2,Book 86 of Plats at Pages 9641-9643;Ada County Records and a portion of the Right-Of-Way of North Ten Mile Road, located in the Northwest quarter of Section 35,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho more particularly described as follows: Commencing at the Northwest comer of said Section 35,thence South 00'52'46"West, 2014.59 feet along the West line of said section to the Point of Beginning; Thence South 89*07'14"East,398.00 feet to the Northeast corner of said Lot 3; Thence South 00'62'46"West,200.00 feet to the Southeast corner of said Lot; Thence North 89'07'14"West,398.00 feet to the West line of said Section; Thence North 00.5246"East,200.00 feet along said West line to the Paint of Beginning. I Said parcel contains 1.83 acres more or less, i • tit ✓ p�YAt 1 ofjo WORKS DEFT' L 1904 W.Overicnd Boise,ID 8370$ - Phcne 1208)3420091 Fax 1208}342-0092 Email:gvadrant&QUadrant.CC OW Engineering • Surveying • ConstfucRon AAonagemeni CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2009 STAFF REPORT Hearing Date: February 26, 2008C� E IDIAN,,�-- TO: Mayor and City Council I D A H O FROM: Bill Parsons, Associate Planner 208-884-5533 SUBJECT: Verona and Bridgetower Crossing--MI-07-013 and MI-07-014 Request to Modify the Recorded Developments Agreement for Verona and Bridgetower Crossing, by Primeland Development Group,LLC. 1. APPLICANT'S REQUEST& STAFF ANALYSIS NOTE. The Verona DA modification (MI-07-013) was previously analyzed as part of the Verona Commercial staff report (RZ-07-017 & PP-07-022). Staff has updated the Verona Commercial staff report by removing the analysis and recommendations for the Development Agreement and incorporated the DA provisions into the subject staff report Furthermore, Staff is now recommending that a driveway access and easement be stubbed to the eastern property boundary of the two office lots (east of Cortona Way)for future connectivity with the adjoining commercial property. Staff requests that an additional provision be added to the new Development Agreement being proposed with the Verona and Bridgetower Crossing miscellaneous staff report and that the subject preliminary plat conditions be consistent with that request. The applicant, Primeland Development Group, has submitted Miscellaneous Applications (MI)requesting modification to the recorded Development Agreements (DA) for the Verona Subdivision and the Bridgetower Crossing Subdivision. MI-07-013 - The subject Development Agreement was recorded for Verona Subdivision on June 13, 2003, as Instrument No. 103097612, records of Ada County Idaho. The applicant is proposing a first amendment to the DA by amending Section 3 "Definitions" modifying sub-section 3.4 "Property" excluding the Verona Commercial properties(proposing to concurrently rezone from R-8 to C-G and L-O (see file #RZ-07-017) of the recorded DA for Verona Subdivision. Staff is recommending that these areas be removed from the current DA for Verona and instead be subject to the provisions of a new DA with the language/restrictions provided by Staff below. The existing Verona DA applies to approximately 62 acres located on the east side of N.Ten Mile Road, north of W. McMillan Road and approximately a half a mile south of Chinden Boulevard in Section 26, T. 4N., R.1 W. The Verona Commercial site is located on the northeast corner of N. Ten Mile Road and W. McMillan Road and incorporates approximately 19 acres. The site is currently vacant and the applicant is proposing the site develop with a mix of non residential uses. MI-07-014 - The subject Development Agreement was recorded on November 8, 2001, as Instrument No. 101117652, records of Ada County Idaho. The applicant is proposing a first amendment to the DA by amending Section 3 "Definitions" modifying sub-section 3.6 "Property" excluding the Bridgetower Crossing Office and Commercial properties (proposing to concurrently rezone from C-G and R-4 to C N and L-O (see file #RZ-07-022) of the recorded DA for Bridgetower Crossing Subdivision. Staff is recommending that these areas be removed from the current DA for Bridgetower Crossing and instead be subject to the provisions of a new DA with the language/restrictions provided by Staff below. The existing Bridgetower Crossing DA applies to approximately 580 acres located south of McMillan Road, east of Ten Mile Road, west of Linder Road and north of Ustick Road in Section 35, T. 4N., and R.1 W. However, two projects (Bridgetower Crossing Office and Bridgetower Crossing Commercial) are Verona and Bridgetower Crossing MI I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 driving the DA modification. These two projects only include approximately 26 acres. Rather than modifying the overall (original) Bridgetower Crossing DA, Staff is proposing to remove these areas from the original DA and draft a new DA for the two new Bridgetower Crossing projects. The sites are currently vacant land with a mix of residential, commercial and office uses surrounding the proposed projects. UDC 11-5B-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. The City has sent out notices of the subject request in accordance with the current standards for public hearings (see Section 4, Process Facts, below for publication dates.) There are no required findings for a miscellaneous application/development agreement modification. Below, staff has provided the most pertinent facts and analysis related to the proposed development agreement modifications. At the Planning and Zoning Commission hearing on December 20"`, Staff recommended the applicant modify the existing Verona DA to allow more office lots and include the Bridgetower commercial lots as part of the revised Verona DA. Instead, Staff now recommends the applicant modify the existing Verona and Bridgetower Crossing Development Agreements to exclude the commercial and office areas and enter into three new Development Agreements to govern the Verona Commercial Project, Bridgetower Crossing Office and Bridgetower Crossing Commercial Projects with the language proposed below. NOTE: The gAplicant submitted three conce t plans for the Bridgetower Crossing Commercial project. Staff has inserted all of the applicant's concept plans in Exhibit B including their preferred concept plan (concept plan_1) and also the concept plan recommended by the P&Z Commission in _Exhibit B (P&ZCommission concept plan). The applicant is asking forflexibility in the number and size of the buildings that will be allowedJrequired on this site, however the Planning and Zoning Commission recommended a,provinga concept plan or the site as proposed b sta and shown in Exhibit B. Staff is recommending approval of the applicant's request to amend the Development Agreements for Verona and Bridgetower Crossing Subdivisions, as modified by City Staff below. Existing DA Modifications Staff recommends that the Council direct the City's Legal Department to draft modifications to the recorded development agreement for the Verona Subdivision as follows: • Section 3 -Definitions Modify sub-section 3.4"Property"to exclude the areas as set forth in Exhibit C (pages 1- 6)which identify the Verona Commercial properties, respectively. Staff recommends that the Council direct the City's Legal Department to draft modifications to the recorded development agreement for Bridgetower Crossing Subdivision as follows: • Section 3 - Definitions Verona and Bridgetower Crossing MI 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Modify sub-section 3.6"Property"to exclude the areas as set forth in Exhibit C(pages 9-- 4-4 7-14)which identifies the Bridgetower Crossing Office,and Bridgetower Crossing Commercial properties,respectively. New Verona Commercial DA The additional photos presented at the March 18, 2008 City Counri hearing below and are subject to the Verona Commercial. Bridgetower Crossing Office and Bridgetower Crossjng Commercial development agreemeuts.l The area proposed for the commercial area was originally subject to both the Bridgetower Crossing DA (the properties now zoned C-G)and the Verona DA (the properties now zoned R-8 and proposed for L-O and C-G). Staff is tying the developer to the elevations submitted with the subject MI applications. By developing a new DA for the commercial and office area, Staff believes that this will allow for more efficient implementation of the DA over time and more timely development of the property. Staff recommends that the Legal Department draft a new DA for the Verona Commercial properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full facade treatment if there is screening for the loadin ag rea•, highlighted main entrances, stamped decorative concrete, flat roofs, accetlt metal roofing. composite or tile roofing materials and variations in colors,roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-013. • A minimum of 9 5 buildings with no one building exceeding 50,000 square feet shall be constructed on lots associated with the Verona Commercial Subdivision. The maximum allowable non-residential square footage for this development shall be 225,000 square feet. The development of the site shall generally conform to concept plan in Exhibit B, as determinedly lk Planning it r • the applicant.shall prai&cross access from the southern office lot located east of W._Milano Drive to the vacant commercial parcel east of the site. [Mayor and City Council: please note Staff is recommending that an additional provision be added to the new Verona Commercial Development Agreement that a driveway access be stubbed to the eastern property boundary of the two office lots(east of Cortona Way) for future connectivity with the adjoining commercial property.] • The City Council expects some stamped decorative concrete within the proposed development. New Bridgetower Crossing DA's When the Bridgetower Planned Development was originally approved, the applicant did not have a clear vision for how the commercial and office sites would develop. With the approval of the AZ/PD, the City Council conceptually approved the commercial portion of the development and allowed office uses within an R-4 zoning district. The current DA required the applicant to amend the Comprehensive Plan and rezone the office lots prior to issuing a building permit. The commercial lots were also subject to CUP approval as no concept plan was presented to City Council at the time of the initial approval. Since that time,the Future Land Use Map has been amended by the City to reflect these approvals. Because the applicant now has a concept plan for the both the Bridgetower Crossing Office and Commercial Projects (attached below) reviewed concurrently with this application and included in Exhibit A, Staff believes the applicant should no longer be subject to the above mentioned CUP requirement. However several of the approved office lots have not been rezoned to reflect the City's changes to the Future Land Use Map and staff is not supportive of removing this requirement until such Verona and Bridgetower Crossing MI 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 time as all approved office lots within the Bridgetower Crossing and Bridgetower Crossing East Subdivisions are rezoned to L-O. By developing a new DA for the commercial area, Staff believes that this will allow for more efficient implementation of the DA over time and more timely development of the property. Staff recommends that the Legal Department draft a new DA for the Bridgetower Crossing Office properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick,with substantial stone accents, four sided architecture: for retail-uses one side may not require full facade treatment if there is screening for the loading area..highlighted main entrances, stamped decorative concrete, flat roofs, accent metal roofing. composite or the roofing materials and variations in colors, roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with M1-07-014. • Development of the property shall generally comply,as determined by the Planning Director, with the conceptual site plan submitted with MI-07-014. A minimum of$5 buildings with no one building exceeding 15,000 square feet shall be constructed on lots associated with the Bridgetower Crossing Office Subdivision. The maximum allowable non-residential square footage for this development shall be 13 7,690 155.000 square feet. • The development of the site shall generally conform to the concept plan in Exhibit B. • The City Council expects some stamped decorative concrete within the proposed development. Staff recommends that the Legal Department draft a new DA for the Bridgetower Crossing Commercial properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick,with substantial stone accents, four sided architecture: for retail uses_one side may not require full facade treatment if there is screening for h highlighted main entrances, stamped decorative concrete,flat rogue, accent metal mfina.composite or tile roofing materials and variations in colors, roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-014. • D_evelonment of the prQuerly shall generally comply, as determined by the Planning.Director, a minimum of 4 2 buildings with no one building exceeding 33,725 square feet shall be constructed on lots associated with the Bridgetower Crossing Commercial Subdivision. The maximum allowable non-residential square footage for this development shall be 80, 9 9�square feet. • The development of the site shall generally conform to the concept lam,3 or any combination of 1 and 3 in Exhibit B. [City Council: please note that in the concurrent preliminary plat and rezone applications,the Planning and Zoning Commission has included a recommendation to modify the concept plan for the site. Staff has attached a copy of the concept plan in Exhibit 11.1 • The City Council expects some stamped decorative concrete within the proposed development. Staff recommends that an amendment to the recorded Development Agreements for the Verona Subdivision and Bridgetower Crossing Subdivision be_approved and three new DA's be recorded to govern each of the Commercial developments as proposed by City Sta above. 2. LOCATION& SURROUNDING USES The Verona Commercial Project is located at the northeast corner of W. McMillan Road and N. Ten Mile in Section 26, T.4N., R.I W. Verona and Bridgetower Crossing MI 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 The Bridgetower Crossing Office Project is located at the southwest corner of W. McMillan Road and N. Linder Road in Section 35,TAN., R.I W. The Bridgetower Crossing Commercial Project is located on the east side of Ten Mile Road and approximately 400 feet South of McMillan Road in Section 35, TAN., R.I W. a. Adjacent Land Use and Zoning for Verona Commercial 1. North: Vacant office lots and Single family residential, Verona No.2 and 3; zoned L- O and R-8 2. East: Vacant commercial land; zoned R-4 3. South: Bridgetower Marketplace and Single family residential(Bridgetower Crossing No. 7), zoned C-G and R-4 4. West: Vacant,Volterra Subdivision; zoned C-G b. Adjacent Land Use and Zoning for Bridgetower Crossing Office 1. North: Vacant; zoned C-G 2. East: Single Family Residences (Ada County) and Cobblefield Crossing; zoned RUT and R-4 3. South: Single Family Residence/Agricultural Land; zoned RUT Ada County 4. West: Bridgetower Crossing No. 1 I and 12; zoned R-4 c. Adjacent Land Use and Zoning for Bridgetower Crossing Commercial 1. North: Bridgetower Market Place; zoned C-G 2. East: Bridgetower Crossing No. 5 and 7; zoned R-4 3. South: Bridgetower Crossing No. 2; zoned R-4 4. West: Vacant, Volterra Subdivision; zoned C-G and L-O 3. PROCESS FACTS a. The subject application will, in fact, constitute a development agreement modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11,a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: February 4,2008 and February 18, 2008 c. Radius notices mailed to properties within 300 feet on: February 1, 2008 d. Applicant posted notice on site by: February 16, 2008 e. Section 4.2 of the recorded Development Agreement for Bridgetower Crossing currently states: "No change in the uses specified in this Agreement shall be allowed without modification of this Agreement." 4. RECOMMENDATION: Staff recommends that an amendment to the recorded Development Agreement for the Verona and Bridgetower Crossing Subdivision be approved and three new Development Agreements be recorded to govern the Verona Commercial Project, Bridgetower Crossing Office and Bridgetower Crossing Commercial Projects as noted in Section 1 of the Staff Report above. Staff further recommends that the Mayor and City Council direct the Legal Department to draft an amendment Verona and Bridgetower Crossing MI 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 to the Development Agreement for Bridgetower Crossing Subdivision and the Verona Subdivision that includes the modifications listed herein and includes a copy of the submitted Concept Plans, and that the current Owner/Developer,Mayor and City Clerk sign and then record said document. 5. EXHIBITS: A. Vicinity Maps(3) B. Concept Plans 1. Verona Commercial 2. Bridgetower Crossing Office 3. Bridgetower Crossing Commercial(3) ➢ Planning and Zoning Recommended Concept Plan C. Legal Descriptions and Exhibit Maps D. Elevations Verona and Bridgetower Crossing MI 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Exhibit A—Vicinity Maps DEV, GROVE CREEK �R A 1:1 iRDE vRF_-t _, c, rr 4Y ivAAp!?? � 2 ,, '4 l / f PRDJFC7 :AREA_--/ mcvj t AN ROAD ■■ � VICINITY MAP ■■Qu adrant_ uonsutt�ry, .. AUA C1VN l" 190c W 0APLAW,ROAD 9c+ee, 1d0ho 8 185 S£ALE pROJCT „.� �7�'ti ar,.'E- ;.:oe� !a?-casa HrONC ilnnf J._-CL.g?rer 3�U ;55-U7 C8/t ,iLU�7 ?i7EFT T Or pwt .Eat+EfRmG-51�7r[nHG-CON57Rtii7+0H AeauAcfu�e:r Exhibit A 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 T E R - E {AR GROV ST -W EDAR �. _E ST Sridg lower Crossing Office _ — IDiTREE.C _ _ L [� DIVI�EIC - W WAPo T� RUT - -r OT DR..,,... .V�,WfAPOOT DR W DEER CRES ST K�LL CREEK l�1!_ Y _. .: f t ¢ R-g W APGAR CREEK DR C-G AL L-O - .�I I €I 1 -- . I RUT i!► 0 � C .�NT�Ts�•. RUT -15 NERO ST� i f W ki E SANDS DRLi IB, � IA ASIN DR44 RUT i - 1 � Z. L-O r =$� R-4 :!NJ DR Exhibit A 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 La :4 i Bridgetower Crossing U _ Z Commercial __ — C:a - _w - Z RI :- !F W 1LANO DR W. URNS- ILT � I � - - W MCMILLAN RD C- ,- - --- f D QUINTALE DRIt U —� 1 W ND W E BUG E BE1. --WE W DOC LN Wf -- t I D L..............------ I Exhibit A 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Exhibit B—Concept Plans 1 a o J Verona Commercial m m I � u I I I I I 111511111 c y r —- Q m � CD Q J f co 4 t 1Ltnn . � J �1L1111J11111�1#II{#I{!�? � 711111f Ilflf! �i w fi mom f7.t-�- Exhibit B 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 AN AD P AVT IC DEC 2� 2007 Crossing Office CITY OF MERIDIAN ]PIANATqG ZONING a5! 12,Tf 11 LLI JWF CrrFm n11111110 nEl TFT rF M7 I =8KMW-V 7WAY ` � 0 EL MillIr F—iLliil C.� 'A LAMMIL A SIRMI L I I I I I U 111 Lj u I'l I I I f 1i CONCEPT PLAN BRIDGETOWER 145 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 tt g . eF Cam DEC ouMr" N � l I L: Cl) cri � U � cV EE F Applicant's Preferred Concept Plan g c�snm � � v S I co � IZ ill Z 0 �N � {I I BRIDGETOWER 16 PROPOSED C--N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN -- VERSION 1 3 Exhibit 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 CI I OF MERIDIAN PI.ANNINU DLPARTNIFNT SI AFF REPORT FORUM HEARING DA TL OF FEBRUARY 26,2008 merciai DEC 0 3��; -- N TvFt a � � i I (L IL: W L u- w I O 'd. i � CMII�Ildt s 4 � i i Ll I j i BRIDGETOWER 16 PROPOSED C—N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN — VERSION 3 P&Z Commission Recommended Concept Plan for Bridgetower Crossing Commercial Exhibit 0 4 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMEN C STAFF REPORT FOR,rHE HEARING DATE OF FEBRUARY 26,2008 NOT APPROVED g J 3 i Iam$war ic i I I l 3 BRIDGETOWER 16 PROPOSED C-N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN - VERSION 2 5 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 cps ov SIREEP F in] CAPR gmTln BRIDGETOWER 16 PROPOSED C--N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN — VERSION 3 E 6 EKf�ibit k3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Exhibit C—Verona Commercial I� ■■ Quadrant Consulting, Inc Legal Description For Verona Subdivision No. 4 Rezone From R-8 to L-0 Lots 35 and 36, Block 10 of Verona Subdivision Number 2, Book 91 of Plats at Pages 10743-10744;Ada County Records and a portion of the Right-Of-Way of North Cortona Way and West McMillan (toad, located in the Southwest'/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Commencing at the Southwest corner of said Section 26, thence South 88 5819"East. 1039.55 feet along the South line of said section to the Point of Beginning; Thence North 01 00'56"East, 240.22 feet along the centerline of said North Cortona Way to a point.- Thence continuing along said centerline 194.07 feet along a curve to the left, said curve having a radius of 300.00 feet, a delta angle of 37'06'39' and a chord bearing and distance of North 17 30'59"West, 190.70 feet; Thence continuing along said centerline North 36 02'53 West. 67.24 feet to a point; Thence leaving said centerline South 89'30'16" East. 33.60 feet to the Northwest corner of said Lot 35; Thence continuing South 89'30'16" East, 325.06 feet to the Northeast corner of said Lot 35; Thence South 00'29'44"West,433.02 feet to the Southeast corner of said Lot 36; Thence North 88 58'19"West, 20.00 feet along the Southerly boundary of said Lot 36 to a point; Thence South 00 29'44"West,45.00 feet to a point on the South line of said Section 26; Thence North 88 58'19"West. 241.85 feet along said South line to the Point of Beginning. Said parcel contai 3.003 acres more or less- Gas rFq� R�VI -p�P` k� 8Y OCT 12 2007 10�•rT�0f i0� M FR A&DEPT. I W l 0U�5�� 1904 w-Overland • 865e,ID 63705 Phone 12M 342-0091 - Fax 1208)342-0092 - Email;quadrant4auadfarnt.r-c Civil Engineering - Surveying - Censlruetson NAonogernen1 Exhibit C - l - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 — — — _ — — — — —. _ r _ — — — — — - + i tf on C r I1 a p �4r 1!7 61 !i Ir 70 a v p V N S %f t it n '( 2 � u d P Q N CQMWn VAY NQNTELm me, ' l 94 n *� 920 $' t < so'29'as�w a .- � ERorva SUBDIVISION NO. a ■■ n REZONE EXHf91T ■■QUadrant SECTION 26, T. 4 N., R. 1 W., ADA COUNTY o„Q Con ai..: I n c Exhibit C -2- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Quadrant Consulting. inc, Legal Description For Verona Subdivision No. 4 Rezone From R-8 to C-G Lot 1 and 2, Block 12 of Verona Subdivision Number 2, Book 91 of flats at Pages 10743-10744; Ada County Records and a portion of the Right-Of-Way of North Cortona Way and West McMillan Road, located in the Southwest'/s of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Commencing at the Southwest corner of said Section 26, thence South 88 58'19" East, 855.00 feet along the South line of said section to the Point of Beginning; Thence North 002149"East,386.94 feet to the Northwest corner of said Lot 2; Thence North 89`36'30" East, 117.34 feet to the Northeast corner of said Lot 2, Thence continuing North 89 36'30" East,31.24 feet to the centerline of said North Cortona Way; Thence continuing along said centerline 157.52 feet along a curve to the right, said curve having a radius of 300,00 feet, a delta angle of 30 08'48"and a chord bearing and distance of South 14 01'37" East, 155.72 feet; Thence continuing along said centerline South 01`00'56"West,240.22 feet to a point on the South line of said Section 26; Thence North 88`58'19"West, 184,55 feet along Said South line to the Point of Beginning. Said parcel contains 1.623 acres more or less. s �S v 5 _� K AA OF ,y,�RraJc9t '7 L{�U"' j 904 w Cverfpnd • Boise.Q 83705 • Phone t2081 342-0091 • Fox(2081 342-0092 Emit:quadrantgquadronf,:c Civil Engineering • Surveying • COnstruetion nnonagernent Exhibit C -3 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 mulBu insua .11NR09 YQY "M i 'N "H f 1 `JZ mQua35 jumponomi 1I81NX3 3PIOZ3�! u ii ' )N NOISIAmans yNo&3A u r = m y \T 41 C 1 ti Q H � " n _ R WWI ] M 4 a� ��' (1n/11311010 a U .OVA VW7EIA?:) M � ,'rq'-� I LX 1{ fl , j If II �f i V N uu7 'p if�r ;II S J L U U V ! _ _ _ _ _ --ct- - o Exhibit C -4- CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26.2008 N--E ■■ Quadrant Consulting. Inc. Legal Description For Verona Subdivision No. 4 Rezone From R-8 to L-0 Lot 12, Block 10 of Verona Subdivision Number 2, Book 91 of Plats at Pages 10743- 10744; Ada County Records and a portion of the Right-Of-Way of North Coriona Way, located in the Southwest'/4 of Section 26, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho described as follows: Commencing at the Southwest corner of said Section 26, thence South 88 58'19" East, 1301.40 feet along the South line of said Section;thence North 00 29'44" East, 965.44 feet along the Easterly boundary of said Verona Subdivision Number 2,thence North 89'30'16"West, 280.87 feet to the Northeast corner of said Lot 12, being the Point of Beginning; Thence South 11 04'28"West, 104.20 feet along the Easterly boundary of said Lot 12; Thence South 00 2944"West, 110.00 feet to the Southeast corner of said Lot 12; Thence North 89 30'16"West, 94.54 feet to the Southwest comer of said Lot 12; Thence continuing North 89 30'16' West, 29,77 feet to the centerline of said North Cortona Way; Thence continuing along said centerline 72.98 feet along a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 20`90'67" and a chord bearing and distance of North 36 43'10"East, 72.57 feet; Thence North 42'49'44"East, 26.98 feet to the Westerly boundary of said Lot 12; Thence continuing North 42°49'44" East, 31.43 feet along the Westerly boundary of said Lot 12: Thence North 08'39'53" East, 112.60 feet to the Northwest corner of said Lot 12; Thence South 89 30'16" East, 132.00 feet along the Northerly boundary of said Lot 12 to the Point of Beginning. LQ14(p� Said parcel contains 0.669 acres more or less, Rg gREVI A P VAL OCT 12 2007 MERMAN PUBLIC sI, C) WoRKS D+EPT 1 maw overiand - Boise.ID 83705 - Phone 12081 342.0091 - Fox(208)342-0092 Email-quadronl4ovociranl.cc Civil Engineer;ng - Surveying - Construction Management Exhibit C -5- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 jLNT-mr MAIM .w k 1EE1 # r J11 !1 i I i� f f ! z li I I x CWTOW Vnr fi 0 r� {to lta I N rT�ua w `= -..�-'-- m Sn• 8' I P I Jh E"��� — VERONA SUBDIVISION NO. 4 rr� n —A REZONE £XH1817 Was SECTION 24, T. 4 x., R. I W.. ADA COUNTY I Co—n�ui ing. na Khf- /�q6`NL V+��ntwYC f1i JV a.�1�l�R NFfYi ru Exhibit C -6- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26.2008 Exhibit C — Bridgetower Crossing Office F■ ON Quadrant Consulting, Inc. Legal Description For Bridgetower Crossing Subdivision No. 15 (Rezone) Rezoning from R-4 to L-O Lot 15,16 and17, Block 36 and Lot 1, Block 39 of Bridgetower Crossing Subdivision No. 11. Book 95 of Plats at Pages 11804-11805: Ada County Records, Lot 43,44 and 45, Block 32 of Bridgetower Crossing Subdivision No. 12, Book 96 of Plats at Pages 11834- 11836; Ada County Records and a portion of the Right-Ot-Way of North Linder Road, West McMillan Road, and North Coppercioud Way located in the Northeast quarter of Section 35,Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Commencing at the Northeast corner of said Section 35, being the Point of Beginning; Thence South 00-1517"West, 1317,40 feet along the East line of said Section; Thence North 89'19'30"West, 418.01 feet to the Southwest corner of said Lot 17; Thence North 0015'17" East, 1316.35 feet to the North line of said Section; Thence South 89'28'07"East, 418.00 feet along the North line of said Section; Said parcel contains 12.637 acres more or less. bras r 'F9TF of IMP W 1-00 ovsu. {�gVi ��a�Ks o�QTsc Exhibit C -7- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 r yuoapa�kfi oN NowAmns smssova amwomfs #.w At-m .1630 KMA"ON, 10 Nltonalw f104 Lj z E3 LJ LJ Li > (L Z L� LA c:T Ld 0 Ll 0 Ix Lj m v) to Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE.OF FEBRUARY 26,2008 F,shibit C —Bridgetower Crossing Commercial ■■ ■■ Quadrant Consulting, Inc. Legal Description For Bridgetower Crossing Subdivision No. 16 (C-N Rezone) Rezone from R-4 and C-G to C-N Lot 66 thru 70, Block 10 of Bridgetower Crossing Subdivision No.7,Book 92 of Plats at Pages 1 091 8-1 091 9;Ada County Records and a portion of the Right-Of-Way of North Ten Mile Road and West Quintale Drive located in the Northwest quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho more particularly described as follows: Commencing at the Northwest corner of said Section 35,thence South 00'52'46"West, 443.00 feet along the West line of said section to the Point of Beginning; Thence South 89'07'14"East, 222.77 feet along the centerline of said West Quintale Drive; Thence continuing along said centerline 89.32 feet along a curve to the right, said curve having a radius of 300.00 feet,a delta angle of 17'03'32"and a chord bearing and distance of South 80`35'27"East,88.99 feet; Thence continuing 88.54 feet along a curve to the left, said curve having a radius of 300.00 feet,a delta angle of 16'54'34"and a chord bearing and distance of South 80'30'58"East, 88.22 feet; Thence,leaving said centerline,South 00`52`46"West, 786.13 feet to the Southeast corner of said Lot 70; Thence North 89'07'14"West, 398.00 feet to the West line of said Section 35; Thence North 00`52'46" East,812.52 feet along said West line to the Point of Beginning. Said parcel contains 7.37 acres more or less. AI-LAlyp� REV PP vAl. 5Y DEC D 3 2007 VER01AMPusi.>e � 9rFaFVZ� YJav%S DEPT. R W LO CITY tik-WEfiT,I3tAI�i PLANNING&ZON'IItiG 1904 w_overland • Boise.ID 83705 - Phone(2081342-D091 • Fox 1208)342-DD92 • Email:4u0dront4quadr0nt.cc Civil Enginee ing - Surveying - construction management Exhibit C -9- CITY of MERIDIAN PL ANNwGDE> ME Ts AFF KEPORT k THEHEARING D&T! n FEBRUARY26 mm ® P � � CL \ ) * ■! _ «u) �■J | \ )( ■ ! S 5 & £ E to & § 2 � ( % \ 3NImNE « W. 2&rEORE p w } % G kr �7 ,<E a9 e \ \ / ul a 0 z = 0 � �® § e � � � D- / §/ `� 3 § \ z \ o .I m >e % = o §\ \ \ \ /{�- -: ƒ } | � | 2 i n z $ 2 § '\ § / } ƒ / ) � . L < ¥ . 2�-- - ��- ; W » @ | a } / o n z e §\ \ f ' §jLn 3 $ R �� ƒ£rq | / } \ § ) . ~ / $ qd- k d ) ■ \ G q : o e maf Kw .10 .69N / 5 � \ " t � & Exhibit - 10- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 RE eY ,, OVAL .� - ■■ Quadrant M RJCdANPUBLIC Consulting, Inc. ORK5 DEPT. Legal Description For Bridgetower Crossing Subdivision No. 16 (L-O Rezone) Rezone from R-4 to L-O Lot 2,Block 10 of Bridgetower Crossing Subdivision No,2,Book 86 of Plats at Pages 9641-9643; Lot 1 thru 3, Block 1 of Gallery Subdivision, Book 93 of Plats at Pages 11140-11141;Ada County Records and a portion of the Right-Of-Way of North Ten Mile Road and West Belltower Drive, located in the Northwest quarter of Section 35, Township 4 North,Flange 1 West, Boise Meridian,Ada County, Idaho more particularly described as follows: Commencing at the Northwest corner of said Section 35,thence South 00`52'46"West, 1255.52 feet along the West line of said section to the Point of Beginning; Thence South 89'07'14"East,398.00 feet to the Northeast corner of said Lot 2; Thence South 00'52`46"West,494.52 feet to the centerline of said West Belltower I Drive; Thence North 89`07'14"West, 398.00 feet along said centerline to the West line of said Section 35; Thence North 00.52'46"East,494.52 feet along said West line to the Point of Beginning. EXCLUDING THEREFROM: Lot 1, Block 10 of Bridgetower Crossing Subdivision No. 2, Book 86 of Plats at Pages 9641-9643;more particularly described as follows: Commencing at the Northwest comer of said Section 35,thence South 00'52'46'West, 1255.52 feet along the West line of said section,thence South 89`07'14" East,233.00 feet,thence South 00`5246"West, 60.02 feet to the Northwest comer of said Lot 1, being the Point of Beginning; Thence South 89`07'14"East, 140.00 feet to the Northeast corner of said Lot; Thence South OU52'46"West, 145.11 feet to the Southeast corner of said Lot; Thence North 89'07'14"West, 140.00 feet to the Southwest comer of said Lot; Thence North 00'52'46"East, 145.11 feet to the Point of Beginning. �5� RFC�G Said parcel contains 4.05 acres more or less, o s rFOF�oa� WL 1904 W.Overland Boise,10 83705 • Phone(2DB)342.0091 • Fax 12W)342.DG92 • Eirn&:quadrant(�Ias cc Civil Engineering • Surveying • Constructior,Monogement Exhibit C I l - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE O BRUARY26 km . � ! ! E )$ ! 3 ■° � -� x 3 ■■! | ; 27 28 )§ / Lu ® » 34 35 % E a 2 / . . � ] 2 � -� § - n £ \ IL / w / W Lu c / ƒSS O/ l4' *3g OO \ / / so s2 4� , o ® \\( 2! z ge j n §(2\ 20 2« 0� E, § a- 2 ! kr a\��. � 3 ¥ © of O � 6 \ \_ ) q 3 © % w $ �- o a! # ¥ M! LO .m a | cr- Ljj 2 - $ | ƒ O LJ & | ` \ © Ld LIJ / z 2 OO 2E2 >,#! 70 .§§N e 7 @O t3%O1I]G 7 ]0 3NOw]i N30 j / Exhibit - 12- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF FEBRUARY 26,2008 ONQuadrant Consulting, Inc. Legal Description For Bridgetower Crossing Subdivision No.16 (L-0 Rezone) Rezone from R-4 to L-0 Lot 3,Block 6 of Bridgetower Crossing Subdivision No.2,Book 86 of Plats at Pages 9641-9643,Ada County Records and a portion of the Right-Of-Way of North Ten Mile Road, located in the Northwest quarter of Section 35,Township 4 North, mange 1 West, Boise Meridian,Ada County,Idaho more particularly described as follows; Commencing at the Northwest comer of said Section 35,thence South 00'52'46"West, 2014.69 feet along the West line of said section to the Point of Beginning; Thence South 89'07'14"East,398.00 feet to the Northeast corner of said Lot 3; Thence South 00'52'46"West,200.00 feet to the Southeast corner of said Lot; Thence North 89'07'14"West,398.00 feet to the West line of said Section; Thence North 00'5246"East,200.00 feet along said West fine to the Point of Beginning. Said parcel contains 1.83 acres more or less. t REV, ";pP8t4+�AL j SY �rE of ter M�jpRYs DEP T W L I n4 W Overland Boise.ID 83705 • Phone(208)342.0091 • Pax 12M)342-0092 EmoiL quadrente4u0df0ni.cc Civil Engineering • Surveying • Construction Management Exhibit C - I3 - CITY OF MERMIAN PLANNING DEPARTMENT STAFF REPORT FOR TIM HEARING DATE OF P;BRUARY 26. 2008 I .+ p SO' 52' 46"W 200.00 � t m -� En m o 20 mum a a� W zN y C L u�i3 O W W� EC ~ m O .J 'tom O o O � ~ O X (K) nz O m o w z w O `d w uj z r` z a E5 w ;n m � 0 F z 0 4 a LU o -j rt 2014.59 `r .c cr d S0' 52' 46"W 00'00Z 3.917 ,Z9 .ON c tV r7 ti OVOU 3lil� N3. 'H Exhibit C - 14- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Exhibit D - Elevations Both Verona and Brid etower Crossin Developments) ,z k 1 f Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Building Building oil I Exhibit D _ Building #3 '��`� ;; ;;,rr,,• Building #5 Building #6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Building Building i Y Ty— , Exhibit D _ �_ • - Building#11 Building #12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 9'•�+�w--._ram_.. _ ,g-F W".-- Exhibit D -6- �xh +bye � Bridgetower Crossing Commercial BEC 0 3 � wNrxa N I P N ZI a. LL: to W ( ' U N n 0 Applicant's Preferred Concept Plan M � PP i F CON sVFW' � L4 vi j N r OD Cn Z wo ¢° I i N BRIDGETOWER 16 PROPOSED C--N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN - VERSION 1 Bridgetower Crossing DEC 0 3 187LAS nRrrus'�" �zoo Me.: I o ! Z) o U C'4 �. N I M .._-i);1 � # I I i $ tom i 4 � g I { 3 BRIDGETOWER 16 PROPOSED C—N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN -- VERSION 3 P&Z Commission Recommended Concept Plan for Bridgetower Crossing Commercial f _ L4' " •�� d F Bridgetovref Grassing-elevations (Offcej Exhibit 1 � 1. �' �_�� :, •- 1 S,it� — Building #2 i a� � E� Budding#3 y� µ -4utCg #4 - •. r Building #5 �- r - n E� 4 @gilding #6 f � Val Elai€:ding #7 - BUI�Ci#Fly �F$ - Building #9 p i i ��ilclfr�g#91 Building #12 F r Building #�4 _ 4- r Meridian City Council May 20, 2008 Page 4 of 53 LLC — Northeast Corner of West McMillan Road and North Ten Mile Road: F. Development Agreement: RZ 07-018 Request for a Rezone of 12.64 acres from R-4 to an L-O zone for Bridgetower Crossing Office by Primeland Development Group, LLC — Southwest Corner of West McMillan Road and North Linder Road: G. Development Agreement: RZ 07-022 Request for a Rezone of 7.37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88 acres from R-4 to L-O zones for Bridgetower Crossing Commercial by Primeland Development Group, LLC — east of North Ten Mile Road and south of West McMillan Road: H. Development Agreement: AZ 07-018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision by Seagle Three, LLC — 870 West Ustick Road: I. Addendum to Development Agreement: MI 07-013 Request for Miscellaneous application to modify the Recorded Development Agreement for Verona Commercial by Primeland Development Group, LLC — Northeast Corner of West McMillan Road and North Ten Mile Road: J. Addendum to Development Agreement: MI 07-014 Request for a Miscellaneous application to modify the recorded Development Agreement for Bridgetower Crossing Office by Primeland Development Group, LLC — Southwest Corner of West McMillan Road and North Linder Road: K. Findings of Fact and Conclusions of Law for Denial: VAR 08- 003 Request for a Variance to UDC Table 11-2A-5 to allow a structure encroachment into the required rear yard setback in the R-4 zoning district for Silman Setback by Stanley Silman — 1749 West Lowry Street (Lot 10, Block 16, Tumble Creek Subdivision #6): L. Development Agreement: RZ 07-023 Request for Rezone of 0.62 acres from R-4 to an R-8 zone for Blackstone No. 2 by Landmark Engineering and Planning, Inc. — 4700 West Aspen Creek Street: M. Sanitary Sewer Easement Agreement for Kelly Creek by Jim D u rst: Meridian City Council May 20,2008 Page 5 of 53 N. Resolution No. 08-607 2008 Meridian Parks and Recreation Fees: O. Resolution No. 08-608 Drug and Alcohol P_olic�: P. Resolution No. 08-609 Introductory Period of Employment: De Weerd: Okay. Item No. 6 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I will restate the resolution numbers in the Consent Agenda. Item N is 08-607. Item 0 is 08-608. And item P is 08-609. And with that I move we approve the Consent Agenda as published and for the Mayor to sign and Clerk to attest on all papers. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, I will ask Madam Clerk, to, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Legal Department— Bill Nary 1. Temporary Sales Units Recommendation Regarding Fees: Waive Fees for all Temporary Use Permits effective with the passing of the new ordinance & for one calendar year De Weerd: Item 7 under Department Reports, I would ask Mr. Baird to, please, give an update on the temporary sales ordinance. Baird: Thank you, Madam Mayor, Members of the Council. I have an e-mail that summarizes a meeting that was held today with Mr. Nary and representatives of the planning department and the clerk's office and what they did is took up the issue of the fees for temporary uses. As you may be aware, it's been sort of controversial as to whether we should be charging for that and particularly as it may pertain to charitable organizations. After this meeting the recommendation to you from this group is that you not charge fees for temporary use permits for the 2008 calendar year. The city is more ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 52 BOISE IDAHO 05/22108 02:02 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Metidian City 108059 01 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Development Company. LLP, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this I'S" day of McLq , 2008, by and between City of Meridian, a municipal corporation of the State of Idaho,fiereafter called CITY,and Primeland Development Company, LLC,whose address is 3120 W.Belltower Drive,Suite 100,Meridian,Idaho 83646,hereinafter called OWNERIDEVELOPER, 1. 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 for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-651 IA, Idaho Code, provides that cities may,by ordinance, require or permit as a condition of re-zoning that the Owner/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 Ordinance 11-513-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re- zoning of the Property's described in Exhibit A, and has requested a designation of L-O,Limited Office District(Municipal Code of the City of Meridian); 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 subject Property will be developed and what improvements will be made; and 1.6 WHEREAS,record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & DEVELOPMENT AGREEMENT(RZ 07-018)BRIDGETOWER CROSSING OFFICE PAGE I OF 9 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 13 WHEREAS,City Council,the 18'h day of March,2008,has approved the City of Meridian Planning department Staff Report,set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS,the Staff Report requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; 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 development 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 re-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 Unified Development Code, Title 11. NOW,THEREFORE,in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 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 DEVELOPMENT AGREEMENT(RZ 07-018)BRIDGETOWER CROSSING OFFICE PAGE 2 OF 9 of the State of Idaho,whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Primeland Development Company, LLC, whose address is 3120 W. Belhower, Meridian, Idaho 83646, the party that owns and is developing said Property and shall include any subsequent owner(s) or 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 the parcels to be re-zoned L-O, Limited Office District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 1 I-2B which are herein specified as follows: Preliminary Plat of 11 commercial buildings and 1 other lot in the proposed L-O zone on 12.64 acres. The pertinentprovisions of the City of Meridian Comprehensive Plan are applicable to this RZ 07-018 application. 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: l. The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full facade treatment if there is screening for the loading area., highlighted main entrances, stamped decorative concrete,flat roofs,accent metal roofing,composite or tile roofing materials and variations in colors, roof planes and parapet heights. 2. Elevations shall substantially conform to the photos submitted with MI-07-014, as set forth in Exhibit D. 3. Development of the property shall generally comply,as determined by the Planning Director,with the conceptual site plan submitted with MI-07-014. A minimum of 5 DEVELOPMENT AGREEMENT(RZ 07-018}BRIDGETOWER CROSSING OFFICE PAGE 3 OF 9 buildings with no one building exceeding 15,000 square feet shall be constructed on lots associated with the Bridgetower Crossing Office Subdivision. The maximum allowable non-residential square footage for this development shall be 155,000 square feet. 4. The development of the site shall generally conform to the concept plan in Exhibit C. 5. The City Council expects some stamped decorative concrete within the proposed development. 6. COMPLIANCE PERIOD/CONSENT TO REZONE:This Agreement and the commitments contained herein shall be terminated,and the zoning designation reversed,upon a default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. S. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer,or Owner's/Developer's heirs,successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT(RZ 07-018)BRIDGETOWER CROSSING OFFICE PAGE 4 OF 9 9.2 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. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owners/Developers, 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. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or 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. 12.1 In the event of a material breach of this 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. 12.2 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, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under DEVELOPMENT AGREEMENT(RZ 07-018)BRIDGETOWER CROSSING OFFICE PAGE 5 OF 9 Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has 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. 15, ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns,heirs,or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law,this Development Agreement,and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three(3)days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer Primeland Development Company, LLC City of Meridian 3120 W. Belltower, Suite 100 33 E. Idaho Ave. Meridian, Idaho 83646 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT(RZ 07-018)BRIDGETOWER CROSSING OFFICE PAGE 6 OF 9 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/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 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 fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 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 Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT(RZ 07-018)BRIDGETOWER CROSSING OFFICE PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER PRIMELAND DEVELOPMENT COMPANY,LLC By: CITY OF MERIDIAN By: MAYOR T M de WEERD ATTEST: ,`,1�ull u I I Itot,'''r/,/���. Q: p� O JAYCEY L. HOLMAN, CITY CLER gEAL = 7 J, T DEVELOPMENT AGREEMENT(RZ 07-018)BRIDGETOWER CROSSING OFFICE PAGE 8 OF 9 lio STATE OF IDAHO, ) ss County of Ada, } On this S day of allo, 2008,before me,the undersigned,a Notary Public in and for said State,personally appeared TiLkk S. l aly'`k<� ,known or identified to me to be the_uou-' t ce'V-Iwc of Primeland Development Company, LLC and the person who signed the above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year in this certificate first above written. (SEAL) aL KIMBERLY WINKLE -F Notary Public for Idaho Notary Public Residing at: ` 1' State of Idaho My Commission Expires: 17 uG` STATE OF IDAHO } ss County of Ada } On this Z® day of rna 2008, before me, a Notary Public, personally appeared Tammy de Weerd and faycee L. Holman,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. tip'" oTA�P'•�.�.: a' SEAL ; ''�' ( ) + �,` � Notary Public f r Idaho � l� Residing at: • Commission expires: • DEVELOPMENT AGREEMENT(RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 9 OF 9 •*��r�i• •a ,} ? r � '!. 's . 1� � • • s • a � r O _ � ... �� 4� 1 � �1 �! .i 1�,`� *�� Exhibit A—Bridgetower Crossing Office ■■ Quadrant Consulting. Inc. Legal Description For Bridgetower Crossing Subdivision No. 15 (Rezone) Rezoning from R-4 to L-0 Lot 15,16 and17. Block 36 and Lot 1. Block 39 of Bridgetower Crossing Subdivision No. 11, Book 95 of Plats at Pages 11804-11805:Ada County Records, Lot 43,44 and 45, Block 32 of Bridgetower Crossing Subdivision No. 12, Book 96 of Plats at Pages 11834- 11836; Ada County Records and a portion of the Right-©f-Way of North Linder Road, West McMillan Road,and North Coppercloud Way located in the Northeast quarter of Section 35,Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Commencing at the Northeast corner of said Section 35, being the Point of Beginning; Thence South 00 1517"West, 1317.40 feet along the East line of said Section: Thence North 89 19'30"West, 418.01 feet to the Southwest corner of said Lot 17: Thence North 00 15'1 T'East. 1316.35 feet to the North line of said Section; Thence South 89'28'07"East, 418.00 feet along the North line of said Section; Said parcel contains 12.637 acres more or less. °s DL Lo r RCS GVA� BY ' J aT 15 DEP r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 STAFF REPORT Hearing Date: February 26,2008 C�WE IDIAN;TO: Mayor and City Council FROM: Bill Parsons, Associate Planner 208-884-5533 SUBJECT: Verona and Bridgetower Crossing—MI-07-013 and MI-07-014 Request to Modify the Recorded Developments Agreement for Verona and Bridgetower Crossing, by Primeland Development Group, LLC. 1. APPLICANT'S REQUEST& STAFF ANALYSIS NOTE. The Verona DA modification (MI-07-013) was previously analyzed as part of the Verona Commercial staff report (RZ-07-017 & PP-07-022). Staff has updated the Verona Commercial staff report by removing the analysis and recommendations for the Development Agreement and incorporated the DA provisions into the subject staff report. Furthermore, Staff is now recommending that a driveway access and easement be stubbed to the eastern property boundary of the two office lots (east of Cortona Way)for future connectivity with the adjoining commercial property. Staff requests that an additional provision be added to the new Development Agreement being proposed with the Verona and Bridgetower Crossing miscellaneous staff report and that the subject preliminary plat conditions be consistent with that request. The applicant, Primeland Development Group, has submitted Miscellaneous Applications(MI)requesting modification to the recorded Development Agreements (DA) for the Verona Subdivision and the Bridgetower Crossing Subdivision. MI-07-013 - The subject Development Agreement was recorded for Verona Subdivision on June 13, 2003, as Instrument No. 103097612, records of Ada County Idaho. The applicant is proposing a first amendment to the DA by amending Section 3 "Definitions" modifying sub-section 3.4 "Property" excluding the Verona Commercial properties(proposing to concurrently rezone from R-8 to C-G and L-O (see file #RZ-07-017) of the recorded DA for Verona Subdivision. Staff is recommending that these areas be removed from the current DA for Verona and instead be subject to the provisions of a new DA with the language/restrictions provided by Staff below. The existing Verona DA applies to approximately 62 acres located on the east side of N.Ten Mile Road, north of W. McMillan Road and approximately a half a mile south of Chinden Boulevard in Section 26, T. 4N., R.I W. The Verona Commercial site is located on the northeast corner of N. Ten Mile Road and W. McMillan Road and incorporates approximately 19 acres. The site is currently vacant and the applicant is proposing the site develop with a mix of non residential uses. MI-07-014 - The subject Development Agreement was recorded on November 8, 2001, as Instrument No. 101117652, records of Ada County Idaho. The applicant is proposing a first amendment to the DA by amending Section 3 "Definitions" modifying sub-section 3.6 "Property" excluding the Bridgetower Crossing Office and Commercial properties (proposing to concurrently rezone from C-G and R-4 to C-N and L-O (see file #RZ-07-022) of the recorded DA for Bridgetower Crossing Subdivision. Staff is recommending that these areas be removed from the current DA for Bridgetower Crossing and instead be subject to the provisions of a new DA with the language/restrictions provided by Staff below. The existing Bridgetower Crossing DA applies to approximately 580 acres located south of McMillan Road, east of Ten Mile Road, west of Linder Road and north of Ustick Road in Section 35, T. 4N., and R.I W. However, two projects (Bridgetower Crossing Office and Bridgetower Crossing Commercial) are Verona and Bridgetower Crossing MI 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 driving the DA modification. These two projects only include approximately 26 acres. Rather than modifying the overall (original) Bridgetower Crossing DA, Staff is proposing to remove these areas from the original DA and draft a new DA for the two new Bridgetower Crossing projects. The sites are currently vacant land with a mix of residential, commercial and office uses surrounding the proposed projects. UDC 11-5B-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. The City has sent out notices of the subject request in accordance with the current standards for public hearings (see Section 4, Process Facts, below for publication dates.) There are no required findings for a miscellaneous application/development agreement modification. Below, staff has provided the most pertinent facts and analysis related to the proposed development agreement modifications. At the Planning and Zoning Commission hearing on December 20th, Staff' recommended the applicant modify the existing Verona DA to allow more office lots and include the Bridgetower commercial lots as part of the revised Verona DA. Instead, Staff now recommends the applicant modify the existing Verona and Bridgetower Crossing Development Agreements to exclude the commercial and office areas and enter into three new Development Agreements to govern the Verona Commercial Project, Bridgetower Crossing Office and Bridgetower Crossing Commercial Projects with the language proposed below. NOTE: The applicant submitted three concept plansfor the Bridgetower Crossing Commercial ro'ect.Staff has inserted all of the a licant's concept plans in Exhihit.—Binclyding their preferred concept plan (concept Flan land also the concept plan recommended by the P&Z Commission in Exhibit B (P&Z Commission concept plan). The applicant is asking for exibility in the number and size of the buildings that will be allowed/required on this site however the Planning and Zonin Commission recommended approving a concept plan for the site as proposed by staff and shown in Exhibit B. Staff is recommending approval of the applicant's request to amend the Development Agreements for Verona and Bridgetower Crossing Subdivisions, as modified by City Staff below. Existing DA Modifications Staff recommends that the Council direct the City's Legal Department to draft modifications to the recorded development agreement for the Verona Subdivision as follows: + Section 3 -Definitions Modify sub-section 3.4 "Property"to exclude the areas as set forth in Exhibit C (pages 1- 6)which identify the Verona Commercial properties, respectively. Staff recommends that the Council direct the City's Legal Department to draft modifications to the recorded development agreement for Bridgetower Crossing Subdivision as follows: + Section 3 -Definitions Verona and Bridgetower Crossing MI 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Modify sub-section 3.6 "Property"to exclude the areas as set forth in Exhibit C (pages 4- 4-4 7-14)which identifies the Bridgetower Crossing Office,and Bridgetower Crossing Commercial properties, respectively. New Verona Commercial DA (The additional pkolos-pusented at the March 18,2OQ8 City Council Baring are attached in Exhibit D below and are subject to the Verona Commercial, Bridgetower Crossing Office and Bridgetower Crossong Commeccial development agreemknW The area proposed for the commercial area was originally subject to both the Bridgetower Crossing DA (the properties now zoned C-G)and the Verona DA (the properties now zoned R-8 and proposed for L-O and C-G). Staff is tying the developer to the elevations submitted with the subject MI applications. By developing a new DA for the commercial and office area, Staff believes that this will allow for more efficient implementation of the DA over time and more timely development of the property. Staff recommends that the Legal Department draft a new DA for the Verona Commercial properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one sidea not require Ul f, %ade=a=ent if theres screening for the lQading area. highlighted main entrances, stamped decorative concrete, flat roo , accen metal roofing. composite or tile roofing materials and variations in colors, roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-013. • A minimum of 9 5 buildings with no one building exceeding 50,000 square feet shall be constructed on lots associated with the Verona Commercial Subdivision. The maximum allowable non-residential square footage for this development shall be 225,000 square feet. The development of the site shall generally conform to concept plan in Exhibit B, as determined by the Planning Director. • The applicant shall provide cross a cess from the southern office lot located east of W. Milano Drive to the vacant commercial parcel east of the site. ]Mayor and City Council: please note Staff is recommending that an additional provision be added to the new Verona Commercial Development Agreement that a driveway access he stubbed to the eastern property boundary of the two office lots(east of Cortona Way) for future connectivity with the adjoining commercial property.] • The City Council exnects_some stamped decorative concrete within the proposed development. New Bridgetower Crossing DA's When the Bridgetower Planned Development was originally approved, the applicant did not have a clear vision for how the commercial and office sites would develop. With the approval of the AZ/PD, the City Council conceptually approved the commercial portion of the development and allowed office uses within an R-4 zoning district. The current DA required the applicant to amend the Comprehensive Plan and rezone the office lots prior to issuing a building permit. The commercial lots were also subject to CUP approval as no concept plan was presented to City Council at the time of the initial approval. Since that time,the Future Land Use Map has been amended by the City to reflect these approvals. Because the applicant now has a concept plan for the both the Bridgetower Crossing Office and Commercial Projects (attached below) reviewed concurrently with this application and included in Exhibit A, Staff believes the applicant should no longer be subject to the above mentioned CUP requirement. However several of the approved office lots have not been rezoned to reflect the City's changes to the Future Land Use Map and staff is not supportive of removing this requirement until such Verona and Bridgetower Crossing MI 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 time as all approved office lots within the Bridgetower Crossing and Bridgetower Crossing East Subdivisions are rezoned to L-O. By developing a new DA for the commercial area, Staff believes that this will allow for more efficient implementation of the DA over time and more timely development of the property. Staff recommends that the Legal Department draft a new DA for the Bridgetower Crossing Office properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco;wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full facade treatment if there is_screeningfor the loading area.. highlighted main entrances, stamped decorative concrete, flat roofs, accent metal roofing, composite or the roofing materials and variations in colors, roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-014. • Development of the property shall generally comply, as determined by the Planning Director, with the conceptual site plan submitted with MI-07-014. A minimum of S 5 buildings with no one building exceeding 15,000 square feet shall be constructed on lots associated with the Bridgetower Crossing Office Subdivision. The maximum allowable non-residential square footage for this development shall be 13 7,65 0 square feet. • The development of the site shall generally conform to the concept plan in Exhibit B. • The City Council.expects some stamped decorative concrete within the proposed development. Staff recommends that the Legal Department draft a new DA for the Bridgetower Crossing Commercial properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco,wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full facade treatment if there is screening for the loading area..highlighted main entrances, stamped decorative concrete,flat roofs, accent metal roofing. composite or tile roofing materials and variations in colors, roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-014. • Deyelopment of the property shalLge-nerally co ply. as determined by the Planning Director, a minimum of 4 2 buildings with no one building exceeding 33,725 square feet shall be constructed on lots associated with the Bridgetower Crossing Commercial Subdivision. The maximum allowable non-residential square footage for this development shall be$8,269 90 square feet. • The development of the site shall generally conform to the concept plan 1, 3 or any combination f4_I and_3 in Exhibit B. [City Council: please note that in the concurrent preliminary plat and rezone applications,the Planning and Zoning Commission has included a recommendation to modify the concept plan for the site. Staff has attached a copy of the concept plan in Exhibit B.] • The City Council expects some stamped-decorative concrete within the proposed development• Staff recommends that an amendment to the recorded Development Agreements for the Verona Subdivision and Bridgetower Crossing Subdivision be approved and three new DA's be recorded to govern each of the Commercial developments as proposed by Ci1y Staff above. 2. LOCATION& SURROUNDING USES The Verona Commercial Project is located at the northeast corner of W. McMillan Road and N. Ten Mile in Section 26,T.4N., R.l W. Verona and Bridgetower Crossing MI 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 The Bridgetower Crossing Office Project is located at the southwest corner of W. McMillan Road and N. Linder Road in Section 35, TAN., R.l W. The Bridgetower Crossing Commercial Project is located on the east side of Ten Mile Road and approximately 400 feet South of McMillan Road in Section 35, TAN., R.1 W. a. Adjacent Land Use and Zoning for Verona Commercial 1. North: Vacant office lots and Single family residential, Verona No.2 and 3; zoned L- O and R-8 2. East: Vacant commercial land; zoned R-4 3. South: Bridgetower Marketplace and Single family residential(Bridgetower Crossing No. 7); zoned C-G and R-4 4. West: Vacant,Volterra Subdivision; zoned C-G b. Adjacent Land Use and Zoning for Bridgetower Crossing Office 1, North: Vacant; zoned C-G 2. East: Single Family Residences (Ada County) and Cobblefield Crossing; zoned RUT and R-4 3. South: Single Family Residence/Agricultural Land; zoned RUT Ada County 4. West: Bridgetower Crossing No. 11 and 12; zoned R-4 C. Adjacent Land Use and Zoning for Bridgetower Crossing Commercial 1. North: Bridgetower Market Place; zoned C-G 2. East: Bridgetower Crossing No. 5 and 7; zoned R-4 3. South: Bridgetower Crossing No. 2; zoned R-4 4. West: Vacant,Volterra Subdivision; zoned C-G and L-O 3. PROCESS FACTS a. The subject application will, in fact, constitute a development agreement modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: February 4, 2008 and February 18,2008 c. Radius notices mailed to properties within 300 feet on: February 1, 2008 d. Applicant posted notice on site by: February 16, 2008 e. Section 4.2 of the recorded Development Agreement for Bridgetower Crossing currently states: "No change in the uses specified in this Agreement shall be allowed without modification of this Agreement." 4. RECOMMENDATION: Staff recommends that an amendment to the recorded Development Agreement for the Verona and Bridgetower Crossing Subdivision be approved and three new Development Agreements be recorded to govern the Verona Commercial Project, Bridgetower Crossing Office and Bridgetower Crossing Commercial Projects as noted in Section I of the Staff Report above. Staff further recommends that the Mayor and City Council direct the Legal Department to draft an amendment Verona and Bridgetower Crossing MI 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 to the Development Agreement for Bridgetower Crossing Subdivision and the Verona Subdivision that includes the modifications listed herein and includes a copy of the submitted Concept Plans, and that the current Owner/Developer,Mayor and City Clerk sign and then record said document. 5.EXHIBITS: A. Vicinity Maps(3) B. Concept Plans 1. Verona Commercial 2. Bridgetower Crossing Office 3. Bridgetower Crossing Commercial (3) ➢ Planning and Zoning Recommended Concept Plan C. Legal Descriptions and.Exhibit Maps D. Elevations Verona and Bridgetower Crossing MI 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Exhibit A—Vicinity Maps W RA ¢ N 't" IE!? E'ilOk CROvc S t 4 1 2 C :�� vrTCH CRf:'K 5T - c ti DwOF CRFEi, OP DIODE CREEK S t c `.n _d 2 z W MILANO DER, PROJECT AREA--- I VICINITY MAP ■mmC. uadran �.�n�u•Nr:t� ln,_ �40e yy O'vfRL ANO F0�0 404 .''.)Uti'!r SEC 7e. i-4tJ, t7-14 PH,O.lECT DATE' °AG£ Jag-CG97 a,HOrk- (208j.3;7-0091"V 295-0-5 S�i-rE7 1 OF AeA.NAGEWW Exhibit A I �,� f 1 1, i� r r [ �, •� • i 1 � 1 1 I � i !■;� - d i II RUT z � � ■■■■�■■■ loss a loll — C� ' �1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 d -N � Bridgetower Crossing W Commercial W IR - JE�; L o W 41LANO DR w' u . , �W MCMILLAN RD ! QUINTAL!` DR` W GRAND RAPT -' - A .� U LE t_N Z W E n - LK B _ BEL TOWBR D w DOC LN W �I -�-- Exhibit A 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEB RUARY 26,2008 Exhibit B-Concept Plans ca � o n Verona Commercial '91 �a C7111111 ,4 Will I W I Ic m � m n _ m m r. '� ill Ifl Illlil U.l C9 m n U � r J m m om�sm m r i I Exhibit B 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 AN � � pCEIV Bricigctower DEC 2� �7 Crossing Office. _: -� I CITE'�E'�I�IDI�v PLAVINIING ZONING CT'TJTI CiTI -4 Lj I fTT�l ID nmimp I �GD WAY 77 � I r' L ORE ffA STREET C'? ETT �L1 CONCEPT PLAN — BRIDGETOWER t5 4<A- Exhibit B 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2009 n' ge over MIMI Commerci 1 BED U 3rx� [Ty OI;ME$►ON-UN� U eT a u: D vi o U N all vi Applicant's Preferred Concept Plan M I J i C::=--::::) co.s �J N 0 i u: z wo 00 (3 N BRIDGETOWER 16 PROPOSED C--N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN — VERSION 1 i a 3 Exhibit 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Cl I Y OF MCRIDIAN P1.ANNING DUARTNIFNI'4'I AF F REPORT FOR IVE HARING DATE.Of FEBRUARY 26,20M ng DEC a3207 N C TS l]l �iE 7tOti-r'G p ti'+r'L'kG fi j i y # L n U Cl 32 BRIDGETOWER 16 PROPOSED C—N ZONING AREA k CONCEPTUAL DEVELOPMENT PLAN — VERSION 3 P&Z Commission Recommended Concept Plan for Bridgetower Crossing Commercial Exhibit o 4 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE I JEARING DATE OF FEBRUARY 26.2008 ��F� NOT APPROVED E i 1 i i E OWN mm i i I i� F� 3 i BRIDGETOWER 16 PROPOSED C-N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN - VERSION 2 5 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE,OF FEBRUARY 26,2008 NIS L„^�J w aCAM alral ic Ll IW gmTtn BRIDGETOWER 16 PROPOSED C-N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN - VERSION 3 6 I,xhibit �� CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Exhibit C —Verona Commercial ■■ ■■ Quadrant Consulting, Inc. Legal Description For Verona Subdivision No.4 Rezone From R-8 to L-0 Lots 35 and 36, Block 10 of Verona Subdivision Number 2, Book 91 of Plats at Pages 1 074 3-1 0744; Ada County Records and a portion of the Right-Of-Way of North Cortonn Way and West McMillan Road, located in the Southwest'/a of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Commencing at the Southwest corner of said Section 26,thence South 88 58'19"East, 1039.55 feet along the South line of said section to the Point of Beginning; Thence North 01 00'56" East, 240.22 feet along the centerline of said North Cortona Way to a point; Thence continuing along said centerline 194,07 feet along a curve to the left, said curve having a radius of 300.00 feet,a delta angle of 37'06'39"and a chord bearing and distance of North 17 30'59"West, 190.70 feet: Thence continuing along said centerline North 36'02'53 West, 67.24 feet to a point; Thence leaving said centerline South 89°30'16" East, 33.60 feet to the Northwest corner of said Lot 35, Thence continuing South 89 30"6" East, 325.06 feet to the Northeast corner of said Lot 35; Thence South 00 29'44"West,433.02 feet to the Southeast comer of said Lot 36; Thence North 8858'19"West,20.00 feet along the Southerly boundary of said Lot 36 to a point; Thence South 00`29144"West,45.00 feet to a paint on the South line of said Section 26; Thence North 88 58'19"West, 241.85 feet along said South line to the Point of Beginning. Said parcel contaip�3.003 acres more or less. h NSA GNsTt"gF`ttC/ REVI 1 Aj OV 12 2013 MERIDIAN PUBLIC WORKS DEPT. i W LQ1 1904 vr.Ove(iand • $oi e.ID 83705 • Phone 1208)342.0091 • Fox 12081342-0092 Email:quodrantaquacJram rc Civil"Engineering • Surveying • construction Monogernent Exhibit C - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 — — — -•- _- — — — — -- — — — — — — —.. It l� A , can aa gg ' f zl o N = ) 0 O ~ p zz 'f c y I ? 2 1 m ! N CINIr yA VAY F�NTEt.IM1 9 f,� Y y 1q V N C 71]kA VA EY» XI W m a mC i 1p VERONA SUBDIVISION NO. 4 ■■ [ REZONE EXHIBIT ■■Quadrant _7 Consul nglnc SECTION 26, T. 4 N., R. 1 W., AUA COUNTY o„o Exhibit C -2- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 r ■■_' ■■ Quadrant Consulting, Inc. Legal Description For Verona Subdivision No. 4 Rezone From R-8 to C-G Lot 1 and 2; Block 12 of Verona Subdivision Number 2, Book 91 of Pats at Pages 10743-10744-1 Ada County Records and a portion of the Right-Of-Way of North Cortona Way and West McMillan Road, located in the Southwest '/d of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Commencing at the Southwest corner of said Section 26, thence South 88 58'19" East, 855.00 feet along the South line of said section to the Point of Beginning; Thence North 00 21'49" East, 386,94 feet to the Northwest corner of said Lot Z Thence North 89 36'30" East, 117.34 feet to the Northeast corner of said Lot 2; Thence continuing North 89 36'30" East, 31.24 feet to the centerline of said North Cortona Way; Thence continuing along said centerline 157.52 feet along a curve to the right, said curve having a radius of 300.00 feet, a delta angle of 30 08'48"and a chord bearing and distance of South 14 01'37" East, 155.72 feet; Thence continuing along said centerline South 01 00'56"West, 240 22 feet to a point an the South line of said Section 26; Thence North 88 58'19"West, 184.55 feet along Said South line to the Point of Beginning. Said parcel contains 1.623 acres more or less. gr. M BISG A iC4PT3V GT. l�OF���P,jpr, alti�npK5Se �lI! LOUD` 1904 uv Oveilona Boise.ID83705 • Phone(208)342-0091 • Fox(208)3a2-0092 • Ernoll:quadrontsauadront c:c Civil Engineering • Surveying • Construction Monogernenl Fxhibit C -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 .• wr oe1� ���.ew aYl F — iL t�nC SM 7I oul8u �a61i0 E .UNA03 MY '"At I 'N •W f -J. '99 K0003S Iuo.iporu 11B1 n MOM u �■ k ary nNOISIAtaens vNo&3A � & u - 6�j 6 a �f Y6 ON1131NM f A VA 4'NffI!!t1? N ff ?f Jj 49 A I s U n v o S: +I `g yuSZPy Wt O r, }r N $96 o I+! S!t z v II eu �ly f� ' _• 5 I — — — — — — — — — — a Exhibit C -4- CITY OF MFRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 FE-4 ■■ Quadrant Consulting, Inc. Legal Description For Verona Subdivision No.4 Rezone From R-8 to L-0 Lot 12, Block 10 of Verona Subdivision Number 2, Book 91 of Plats at Pages 10743- 10744; Ada County Records and a portion of the Right-Of-Way of North Cortona Way, located in the Southwest'/<of Section 26, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho described as follows: Commencing at the Southwest corner of said Section 26, thence South 88 58"9" East, 1301.40 feet along the South line of said Section; thence North 00 29'44" East, 965.44 feet along the Easterly boundary of said Verona Subdivision Number 2,thence North 89"30'16"West,280.87 feet to the Northeast corner of said Lot 12, being the Point of Beginning; Thence South 11 04'28"West, 104.20 feet along the Easterly boundary of said Lot 12; Thence South 00 2944"West, 110.00 feet to the Southeast corner of said Lot 12; Thence North 89 30'16"West, 94.54 feet to the Southwest corner of said Lot 12; Thence continuing North 89 30'16"West, 29,77 feet to the centerline of said North Cortona Way; Thence continuing along said centerline 72.98 feet along a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 20 90'67" and a chord bearing and distance of North 36 43"0"East, 72.57 feet; Thence North 42 49'44" East, 26.98 feet to the Westerly boundary of said Lot 12; Thence continuing North 424944" East, 31.43 feet along the Westerly boundary of said Lot 12: Thence North 08'39'53" East, 112.60 feet to the Northwest corner of said Lot 12; Thence South 89'30`16" East, 132.00 feet along the Northerly boundary of said Lot 12 to the Point of Beginning. J, LAND Said parcel contains 0.669 acres more or less. 0"? 12 2007 MERIMAN P09LIC '0"05!KS DEFY. 1904 w.Overland • Boise.ID 83705 - Phone 1208)34240091 • Fox i2081 3424)05Q Email gvadront41gvodranl.cc civilEngineerfng • Survev,ng • Cons!ruclionManagement Exhibit C -5- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 JiVy — — — — — — — — — — — — — — — — — — — 57 o E 0 A 7 7 z 2: C) U N ��MNA WAY V A So-'79,44'W ly COW J�**.69.001 cI t:3b:*— VERONA SUBDIVISION NO. 4 REZONE EXHIBIT SEQuadrunt Coniruliln%InZ SECTION 26, 17, 4 N., R. I W., ADA COUNTY Exhibit C -6- CITY OF MERIDIAN PLANNING DEPAR I'M ENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Exhibit C —Bridgetower Crossing Office ■o ■■ Quadrant Cansulting. lt-�c. Legal Description For Bridgetower Crossing Subdivision No. 15 ({rezone) Rezoning from R-4 to L-O Lot 15,16 and17. Block 36 and Lot 1, Block 39 of Bridgetower Crossing Subdivision No. 11, Book 95 of Plats at Pages 11 804-1 1805; Ada County Records, Lot 43,44 and 45. Block 32 of Bridgetower Crossing Subdivision No, 12, Book 96 of Plats at Pages 11834- 11836; Ada County Records and a portion of the Flight-Of-Way of North Linder Road, West McMillan Road, and North Coppercloud Way located in the Northeast quarter of Section 35. Township 4 North. Range 1 West. Boise Meridian, Ada County, Idaho described as follows: Commencing at the Northeast corner of said Section 35, being the Point of Beginning; Thence South 00-15'17'West, 1317.40 feet along the East line of said Section; Thence North 89'19'30"West, 418.01 feet to the Southwest corner of said Lot 17 Thence North 00'15'17*' East. 1316.35 feet to the North line of said Section; Thence South 89 28'07" East,418.00 feet along the North line of said Section; Said parcel contains 12.637 acres more or less. A F r a �a ,y 'o Lv+�'7 peVi G31Ai eY cl LL" t+SERtDt5 �=1t wa Exhibit C -7- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 kU*M VVV ll `Mom'I •sr NW03s �! N01Sb1OWIS JN15SOdf0 ?13M013:IQINB =� 'fit•�! •Ea30 SiStlaM t 5 l 4 V n �n�r 't I I 1� f I I it I I i I I I{ V W ' f i! z r N W W �i W > w -j a A r� r fL r W mW 9=7 d v W i i e 1} r � i ' v 0 ! I I IL � 1 o Exhibit C -8- CITY OF MERIDIAN PLANNFNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26.2008 Exhibit C--Bridgetower Crossing Commercial NO Quadrant Consuiting. Inc. Legal Description For Bridgetower Crossing Subdivision No. 16 (C-N Rezone) Rezone from R-4 and C-G to C-N Lot 66 thru 70,Block 10 of Bridgetower Crossing Subdivision No.7,Book 92 of Plats at Pages 10918-10919;Ada County Records and a portion of the Right-Of-Way of North Ten Mile Road and West Quintale Drive located in the Northwest quartet of Section 35, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho more particularly described as follows: Commencing at the Northwest corner of said Section 35,thence South 00'52'46"West, 443.110 feet along the West line of said sec6cn to the Point of Beginning; Thence South 89'07'14"East, 222.77 feet along the centerline of said West Quintale Drive; Thence continuing along said centerline 89.32 feet along a curve to the right, said curve having a radius of 300.00 feet,a delta angle of 17`03'32°and a chord bearing and distance of South 80`35'27"East.86.99 feet; Thence continuing 88.54 feet along a curve to the left, said curve having a radius of 300.00 feet, a delta angle of 16'54'34"and a chord bearing and distance of South 80'30'58"East,86 22 feet; Thence,leaving said centerline,South 00`52'46"West, 786.13 feet to the Southeast comer of said Lot 70; Thence North 89'07'14"West,398.00 feet to the West line of said Section 35; Thence North 00'52'46"East,812.52 feet along said West line to the Point of Beginning. Said parcel contains 7.37 acres more or less. NL was 5 t'Fy REVI �PP OVAL Q �; 5y "CErVED Q'! 2007 DEC 0 3 M7 nleRix"PUSM Eof`<1_D,�g CITY()k'M- R1 Di 4.N WORKS DEBT. �w to PLANWNG&ZONING 1904 W,Qve0ond - Boise,!D aYOS • Phone 12M' 342-0091 Fax 1208i 342-0042 Email:quodrontra auadrani ce C#vif Engineering - Surveying - Construct4on monagemeni Exhibit C -9- CITY OF MERIDIAN PLANNING DEPARTMENT STAF F REPORTFOR THE HEARING DATE OF FEBRUARY 26,2008 $ .| t a § ` ot o ! �� � �� �■/` | � Ir2 | 27 J,26 } k a 3o \ | 2 L } � Ln «w7ma OF * 2aEp± u u Q k k� oz , 2s9a e / \ \ § ----_ _ \ / 0 / � } )T / k d \ Z in Lj Qy "o k \ 2 0 \° § § $ \ | �� ..�� ° ! / \ . 2 / f at G ` 2 / \ } z � uj \ \ r - u M » @ EA q Er �\ j / 3 a § § § o r q G « / § | \ i / 2'f m»L40 .69N / j \ . t . $ � • � Exhibit - 10- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 REV YfE P OVAL i rS I ■■ ■■ Quadrant toERIC)IAN PUBLIC Consulting, Inc. WORKS VV'T- Legal Description For Bridgetower Crossing Subdivision No. 16 (L-O Rezone) Rezone from R-4 to L-4 Lot 2, Block 10 of Bridgetower Crossing Subdivision No. 2, Book 86 of Plats at Pages 9641-9643; Lot 1 thru 3, Block 1 of Gallery Subdivision, Book 93 of Plats at Pages 11140-1114 1;Ada County Records and a portion of the Right-Of-Way of North Ten Mile ' Road and West Belltower Drive, located in the Northwest quarter of Section 35, Township 4 North,Range 1 West, Boise Meridian,Ada County, Idaho more particularly described as follows: II Commencing at the Northwest corner of said Section 35, thence South 00'52'46"West, 1255,52 feet along the West line of said section to the Point of Beginning; E Thence South 89'07'14"East, 398.00 feet to the Northeast corner of said Lot 2; k Thence South 00'52'46"West,494.52 feet to the centerline of said West Belltcwer Drive; Thence North 89'07'14"West, 398,00 feet along said centerline to the West line of said Section 35; Thence North 00'52'46" East,494.52 feet along said West line to the Point of Beginning. EXCLUDING THEREFROM: i Lot 1,Block 10 of Bridgetower Crossing Subdivision No, 2, Book 86 of Plats at Pages 9641-9643;more particularly described as follows: Commencing at the Northwest corner of said Section 35,thence South 00'52'46'West, 1255.52 feet along the West line of said section,thence South 89`07`14" East,233.00 feet,thence South 00'5246"West,60.02 feet to the Northwest comer of said Lot 1, being the Point of Beginning; Thence South 89`07'14"East, 140.00 feet to the Northeast corner of said Lot; Thence South 00`52'46"West, 145.11 feet to the Southeast corner of said Lot; Thence North 89'07'14"West, 140,00 feet to the Southwest corner of said Lot; Thence North 00'52'46"East, 145.11 feet to the Point of Beginning. Said parcel contains 4.05 acres more or less. s0 4 OF%Q 9 lt)tl 1904 W.overland - Boise.ID 83705 - Phone i208)342-0091 • Fox(2081 3424)092 - Emoil-quodranW au cc Civil Engineering - Surveying - conshvction monagernen! Exhibit C - I I - CITY OF MERIDIAN PLANNING DEPARTMENT ST AF£REPORT FOR THEHEARING DATE Or BROARY26 km � § I E �± I , 2 $ )z ! 27 28 \ / w < z < 34 35 )\\ / ( ! « f � q d ) k / S82 02 14"E 398.00 / # \ ' � ¥ Aa&ma£ g &' k* \ w ` e7@ $e 60.02 Z , 4 | § A$7 o , eea 3W @« r' ,a / � . b .� w ,A@ u « O W | q_ ® �� y /4 }/ U �\ a / 3 # & ¥ > y 1 . .N t _ _ o I / 4 § a L 2 ~ Fri— - Lo N i � z' & © 3La ul 6 U o V) 2 | ; | . � a@* a aO gJW 30 A JO 3qga3i N30 \ 4 + » | � | Exhibit - 12- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 00 Quadrant Consuittng. lnc. Legal Description For Bridgetower Crossing Subdivision No. 16 (L-O Rezone) Rezone from R-4 to L-0 Lot 3,Block 6 of Bridgetower Crossing Subdivision No.2,Book 86 of Plats at Pages 9641-9643;Ada County Records and a portion of the Right-Of--Way of North Ten Mile Road, located in the Northwest quarter of Section 35,Township 4 North, Range 1 West, Boise Meridian,Ada County,Idaho more particularly described as follows: Commencing at the Northwest corner of said Section 35,thence South W5246"West, 2014.59 feet along the West line of said section to the Point of Beginning; Thence South 89'07'14"Fast,398.00 feet to the Northeast corner of said Lot 3; Thence South 00'52'46"West,200.00 feet to the Southeast corner of said Lot; Thence North 89'07114"West,398,00 feet to the West line of said Section; j Thence North 00`52'46"East,200,00 feet along said West line to the Point of Beginning. Said parcel contains 1.83 acres more or less. Npt. s . sT REVy APRHVAL j By or pUSWORKSpEPrfL W Lfl1� 1 1904 W.Ovedont Boise,ID 83705 Phone 1200 342-009I Fox 12081 342-0092 Email:gvodrnnt*quodrant.cc OVAEngineeOng • Smveying • conshucHonMonagement Exhibit C - 13 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OFT=EBRUARY 26,2008 F 21111 �J o 5i]' 52' 46"yy 200.00 m as � C o0 2Xm a CL Zltm ap uj a _¢Y Eo O N z W uj O �r 06 a r cr � 4 J I "- J IM1 O C7 Y co J � � O O U. L+1 cu Z O N O r W Z � r• � O C7 GJ (n O H Q 0. O M-0-8 `JNIISIX w to O O O '_j tn ci ct°v 2014.59 cn U sa• 52' 45"w coo oar 3.9Y ,z9 ON c OVON 311H N31 'N Exhibit C - 14- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Exhibit D- Elevations Both Verona and Brid etower Crossin Developments) s x • 3 f Exhibit D - I - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 ry Building o rw � Exhibit D -2- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORTFOR THE HEARING DATE OF FEBRUARY 26,2008 _3. 71 Boa Building #3 Building#4 �, 4- Building #6 a CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 Building Building r _ � Exhibit D -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26,2008 D Building Y f Exhibit D -5- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE,OF FEBRUARY 26,2008 • . AND Building Exhibit D -6- AN Bridgetower n i I I n I I S I ' DEC 2 4 2007 Crossing Office -- ! _ CITE•OF RERIDtAIN PLA.N,? CtiG&zNTVG i I taFMrrA strz k -- n CONCEPT PLAN — BRIDGETOWER 15 x Bridgetower Crossing—Elevations (Retail) Bridgetower Crossing—Elevations (Office) �aAi Building #1 � ;., Building #2 Buildin #5 • ,,�„ Building #6 - �i Building #7 Building #8 Building #9 fi Building #11 _ - ."MOON Exhibit D Building#12 f3uifding #�3 r Building #�4 Meridian City Council May 20,2008 Page 4 of 53 LLC — Northeast Corner of West McMillan Road and North Ten Mile Road: F. Development Agreement: RZ 07-018 Request for a Rezone of 12.64 acres from R-4 to an L-O zone for Bridgetower Crossing Office by Primeland Development Group, LLC — Southwest Corner of West McMillan Road and North Linder Road: G. Development Agreement: RZ 07-022 Request for a Rezone of 7,37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88 acres from R-4 to L-O zones for Bridgetower Crossinq Commercial by Primeland Development Group, LLC — east of North Ten Mile Road and south of West McMillan Road: H. Development Agreement: AZ 07-018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision by Seagle Three, LLC — 870 West Ustick Road: I. Addendum to Development Agreement: MI 07-013 Request for Miscellaneous application to modify the Recorded Development Agreement for Verona Commercial by Primeland Development Group, LLC — Northeast Corner of West McMillan Road and North Ten Mile Road: J. Addendum to Development Agreement: MI 07-014 Request for a Miscellaneous application to modify the recorded Development Agreement for Bridgetower Crossing Office by Primeland Development Group, LLC — Southwest Corner of West McMillan Road and North Linder Road: K. Findings of Fact and Conclusions of Law for Denial: VAR 08- 003 Request for a Variance to UDC Table 11-2A-5 to allow a structure encroachment into the required rear yard setback in the R-4 zoning district for Silman Setback by Stanley Silman — 1749 West Lowry Street (Lot 10, Block 16, Tumble Creek Subdivision #6): L. Development Agreement: RZ 07-023 Request for Rezone of 0.62 acres from R-4 to an R-8 zone for Blackstone No. 2 by Landmark Engineering and Planning, Inc. — 4700 West Aspen Creek Street- M. Sanitary Sewer Easement Agreement for Kelly Creek by Jim Durst: Meridian City Council May 20,2008 Page 5 of 53 N. Resolution No. 08-607 2008 Meridian Parks and Recreation Fees: O. Resolution No, 08-608 Drug and Alcohol Policy: P. Resolution No. 08-609 introductory Period of Employment: De Weerd: Okay. Item No. 6 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I will restate the resolution numbers in the Consent Agenda, Item N is 08-607. Item 0 is 08-608. And item P is 08-609. And with that I move we approve the Consent Agenda as published and for the Mayor to sign and Clerk to attest on all papers. Zaremba: Second. De Weerd: Okay. l have a motion and a second to approve the Consent Agenda. If there is no discussion, I will ask Madam Clerk, to, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Legal Department— Bill Nary 1. Temporary Sales Units Recommendation Regarding Fees: Waive Fees for all Temporary Use Permits effective with the passing of the new ordinance & for one calendar year De Weerd: Item 7 under Department Reports, l would ask Mr. Baird to, please, give an update on the temporary sales ordinance. Baird: Thank you, Madam Mayor, Members of the Council. I have an e-mail that summarizes a meeting that was held today with Mr. Nary and representatives of the planning department and the clerk's office and what they did is took up the issue of the fees for temporary uses. As you may be aware, it's been sort of controversial as to whether we should be charging for that and particularly as it may pertain to charitable organizations. After this meeting the recommendation to you from this group is that you not charge fees for temporary use permits for the 2008 calendar year. The city is more ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 16 BOISE IDAHO 05/22108 02:02 PM DEPUTY Bonnie Oberbillip II I IIII IIIIII II III I IIIIII IIIII II II III RECORDED-REQUEST OF 10$059795 Meridian City ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: I. City of Meridian 2. Primeland Development Company, LLC, Owner/Developer This addendum is made and entered into this E day Of— 2008, by and between CITY OF MERIDIAN, a municipal corporation & the State of Idaho, hereafter called CITY, and Primeland Development Company, LLC whose address is 3120 W. Belltower Drive, Suite 100, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on November 8, 2001 as Instrument # 101117652 on the land described in Exhibit "A" ("Property"). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement in accordance with the terms in this Addendum,which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-651 IA. NOW,THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: SECTION 3. DEFINITIONS: Modify sub-section 3.6 "Property" to exclude the areas set forth in Exhibit "C" which identifies the Bridgetower Crossing Office and Bridgetower Crossing Commercial properties, respectively. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner/Developer,or their assigns,heirs,or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors,assigns and personal representatives,including City's corporate authorities and their successors in office. This second addendum shall be binding on the ADDENDUM TO DEVELOPMENT AGREEMENT(MI 07-014 BRIDGETOWER CROSSING) PAGE 1 OF 4 Owners/Developers of the Property, each subsequent owner and any other person(s) 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 hereon 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 addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Addendum. 4. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owners/Developers and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owners/Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within 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. 6. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT(MI 07-014 BRIDGETOWER CROSSING) PAGE 2 OF 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: PRIMELAND DEVELOPMENT COMPANY, LLC. BY (44� CITY OF MERIDIAN BY: 01 Mayor Tammy e Weerd y Of '`'`• Attest: EAL = Jaycee . Holman, City Clerk = ADDENDUM TO DEVELOPMENT AGREEMENT(MI 07-014 BRIDGETOWER CROSSING) PAGE 3 OF 4 ,., � ,. R i 1 -v., . _ i (( ,.nn \� • / f' ,p :' .� �f �� � 'R�,7' '' , STATE OF IDAHO } ss: County of Ada, } On this I5�2 day of ,2008.before me,the undersigned,a Notary Public in and for said State,personally appiSared LL S � ,c t ckk known or identified to me to be the of Primeland Development Company, LLC, and acknowledged to me that he 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. (SEAL) t1t X-�� )� � "�?( Notary Public or Id ho KIMBERLY WINKLE Notary Public Residing at: -- State of Idaho My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this ZG day of — , 2008, before me, a Notary Public,personally appeared Tammy de Weerd and Jaycee L. Holman,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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••6•8••i •' TXRA�. (SEAL) ,.r14 O C>• Notary Public for Idaho Residing at: ,/�i iij t L'ek 1 I �. Commission expires: ICA 11 � i ADDENDUM TO DEVELOPMENT AGREEMENT(Ml 07-014 BRIDGETOWER CROSSING) PAGE 4 OF 4 f����rrs ' � 'w • . _ � k 9 � � ��a . •..� ��� a � �+ i' {n EXHIBIT A Legal Description Of Prouerty LEGAL DESCRIPTION FOR PHASE 2 ANNEXATION BRIDGETOWER CROSSING SUBDIVISION (R-4) A parcel of land located in Sections 25, 26, 35 and 36, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the W 1/2 (South 1/4 corner) of Section 35, Township 4 North, Range I West, Boise Meridian; thence N 00'26'55" E 1566.64 feet along the east line of said W 1/2 to the REAL POINT OF BEGINNING of this description; Thence continuing N 00°26'55" E 2067.95 feet along the east line of said W '/a to a point on the centerline of the White Drain; Along the centerline of the White Drain the following: Thence N 72159'50" W 203.38 feet to a point; Thence N 7504I'16" W 176.89 feet to a point; Thence N 75°02'48" W 161.23 feet to a point; Thence N 75°56'15" W 148.03 feet to a point; Thence N 42°37'42" W 130.04 feet to a point; Thence N 40°18'13" W 112.51 feet to a point; Thence N 40°13'00" W 114.50 feet to a point; Leaving said centerline: Thence N 02°46'51" E 741.38 feet to a point; Thence N 87°13'09" W 133.08 feet to a point; Thence N 02°46'51" E 473.58 feet to a point on the northerly right-of-way of McMillan Road; Along said northerly right-of-way: Thence S 88°58'19" E 987.24 feet to a point; Thence S 89°28'07" E 2650.34 feet to a point on the east right-of-way of Linder Road; Leaving said northerly right-of-way; Thence S 00'15'17" W 1342.47 feet along said east right-of-way to a point; Thence N 89°19'30" W 1340.02 feet to the southwest corner of the NE 1/4 of the NE 1/4 of said Section 35; Thence S 00021'07" W 1314.10 feet,to the southeast corner of the SW 1/4 of the NE 1/4; Thence S 00°21'10" W 1319.36 feet to the southeast comer of the NW 1/4 of the SE 1/4; Thence S 89012'38" E 165.53 feet to a point on the north line of the SE 1/4 of the SE 1/4; Thence S 00"26'55" W 677.86 feet to a point; Thence N 89°33'05" W 69.15 feet to a point; Thence N 75°05'55" W 501.97 feet to a point; Thence N 48°51'22" W 23.06 feet to a point; i 4 Thence N 50025'12" W 784.17 feet to a point; Thence N 26"24'21" W 65.90 feet to a point; Thence N 00°26'55" E 21,92 feet to a point; Thence N 39*22'16" W 2 82.3 8 feet to a point; Thence N 89°13'05" W 93.37 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 204.42 acres, more or less. LEGAL DESCRIPTION FOR ANNEXATION BRIDGETOWER CROSSING SUBDNISION (R-4) Parcels of land located in Section 35, the NE 1/4 of Section 34, the SE '/4 of Section 27, and the SW '/4 of Section 26, Township 4 North, Range I West; and the NE 1/4 of Section 2, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: PARCEL I A parcel of land located in the SE '/4 of Section 35, Township 4 North, Range I West; and the NE 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of the SE 1/4 (South 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence S 89°14'22" E 660.60 feet along the south line of said SE 1/4 to a point on the existing Meridian City Limits boundary, the REAL POINT OF BEGINNING of this description; Along the existing Meridian City Limits boundary the following: Thence N 00°45'38" E 65.00 feet to a point; Thence N 31°00'00" W 154.95 feet to a point; Thence N 53°00'00" W 110.00 feet to a point; Thence N. 37°00'00" E 50.00 feet to a point; Thence S 53°00'00" E 102.00 feet to a point; Thence N 37°00'00" E 100.84 feet to a point; Thence N 29°00'00" E 173.61 feet to a point; Thence N 35°00'00" E 140.55 feet to a point; Thence N 25°17'47" E 204.78 feet to a point; Leaving the existing Meridian City Limits boundary; Thence S 48°51'22" E 23.06 feet to a point; Thence S 75°05'55" E 501.97 feet to a point; Thence S 89°33'05" E 69.15 feet to a point; Thence S 00"26'55"W 666.38 feet to a point on the south right-of-way of Ustick Road; Thence N 89°14'22" W 82 4.5 3 feet along said south right-of-way to a point on the existing Meridian City Limits boundary; Thence N 00°45'38" E 25.00 feet along the existing Meridian City Limits boundary to the REAL POINT OF BEGINNING of this description, said parcel comprising 13.12 acres, more or less. PARCEL II A parcel of land located in the W 1/2 of Section 35, the SW 1/4 of Section 26, the SE 1/4 of Section 27, and the NE 1/4 of Section 34, Township 4 North, Range I West, Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the W 1/2 (South 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 1566.64 feet along the east line of said W '/2 to a point on the existing Meridian City Limits boundary, the REAL POINT OF BEGINNING of this description; Along the existing Meridian City Limits boundary the following: Thence N 89°13'05" W 182.95 feet to a point; Thence S 00°26'55" W 237.28 feet to a point; Thence S 88°00'00" W 16.57 feet to a point of curvature; Thence along a curve to the right 20.69 feet, said curve having a radius of 20.00 feet, a delta angle of 590 15'59", tangents of 11.38 feet, and a long chord bearing N 62°22'01" W 19.78 feet to a point; Thence N 89'13'05" W 5 2.4 7 feet to a point; Thence S 10°50'08" E 30.61 feet to a point; Thence N 89013'09" W 394.74 feet to a point; Leaving the existing Meridian City Limits boundary; Thence N 00°33'35" E 1332.93 feet to a point on the south line of the NW '/4 of said Section 35; Thence N 89°10'54" W 1992.21 feet along said south line to a point on the west right-of-way of Ten Mile Road; Along said west right-of-way: Thence N 00'53'19" E 2631.15 feet to a point on the north line of the NE 1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian; Thence N 00°21'49" E 848.00 feet to a point; Leaving said west right-of-way; Thence S 88°58'19" E 880.00 feet to a point; Thence S 00°21'49" W 873.00 feet to a point on the south right-of-way of McMillan Road; Thence S 88°58'19" E 446.27 feet along said south right-of-way to a point; Thence S 00040'08" W 1027.74 feet to a point; Thence S 73°15'55" E 356.10 feet to a point; Thence S 42°32'55" E 86.96 feet to a point; Thence N 02°46'51" E 18.66 feet to a point on the centerline of the White Drain; Along said centerline the following: Thence S 40"13'00" E 114.50 feet to a point; Thence S 40018'13" E 112.51 feet to a point; Thence S 42°37'42" E 130.04 feet to a point; Thence S 75°56'15" E 148.03 feet to a point; Thence S 75°02'48" E 161.23 feet to a point; Thence S 75°41'16" E 176.89 feet to a point; Thence S 72°59'50" E 203.38 feet to a point on the east line of the W '/z of said Section 35; Leaving said centerline: 1 1 . Thence S 00*26*55" W 2067.95 feet along said east line to the REAL POINT OF BEGINNING of this description, said parcel comprising 153.88 acres, more or less. Combined area Parcels I and II comprises 167.00 acres, more or less LEGAL DESCRIPTION FOR C-G ZONE ANNEXATION BRIDGETOWER CROSSING SUBDIVISION A parcel of land located in the NW 1/4 of Section 35, the NE'1/4 of Section 34, the SE 1/4 of Section 27, and the SW 1/4 of Section 26, Township 4 North, Range I West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of the NW 1/4 of Section 35, Township 4 North, Range I West, Boise Meridian; thence N 88°58'19" W 25.00 feet to a point on the west right-of-way of Ten Mile Road, the REAL. POINT OF BEGINNING of this description; Thence N 00°21'49" E 848.00 feet along said west right-of-way to a point; Thence S 88*58'19" E 880.00 feet to.a point; Thence S 00°21'49" W 848.00 feet to a point on the north line of the NW 1/4 of said Section 35; Thence N 88°58'19" W 115.28 feet along said north line to a point; Thence S 01"00'00" W 513.43 feet to a point; Thence N 88'58'19" W 320.68 feet to a point; Thence S 00053'19" W 156.05 feet to a point; Thence N 89°06'41" W 443.04 feet to a point on the west right-of-way of Ten Mile Road; L Thence N 00153`19" E 670.56 feet along said west right-of-way to the REAL POINT OF BEGINNING of this description, said parcel comprising 27.73 acres, more or less. L Exhibit$ — Bridgetower Crossing Commercial ■07 ■■ Quadrant Consulting. Inc. Legal Description For Bridgetower Crossing Subdivision No. 16 (C-N Rezone) Rezone from R-4 and C-G to C-N Lot 66 thru 70, Block 10 of Bridgetower Crossing Subdivision No.7,Book 92 of Plats at Pages 10918-10919;Ada County Records and a portion of the Right-Of-Way of North Ten Mile Road and West Quintale Drive located in the Northwest quarter of Section 35, Township 4 north, Range 1 West, Boise Meridian,Ada County, Idaho more particularly described as follows; Commencing at the Northwest corner of said Section 35,thence South 00'52'46"West. 443.00 feet along the West line of said section to the Point of Beginning-, Thence South 89`07'14" East,222.77 feet along the centerline of said West Quintale Drive: Thence continuing along said centerline 89.32 feet along a curve to the right, said curve having a radius of 300.00 feet,a delta angle of 17'03'32" and a chord bearing and distance of South 80'35'27"East,88.99 feet; Thence continuing 88.54 feet along a curve to the left,said curve having a radius of 300.00 feet,a delta angle of 16'54'34"and a chord bearing and distance of South 80`30'58"East, 88 22 feet; Thence,leaving said centerline,South 00'52'46"West, 786.13 feet to the Southeast comer of said Lot 70; Thence North 89'07'14"West,398.00 feet to the West line of said Section 35; Thence North 00'52'46" East,812.52 feet along said West line to the Point of Beginning. Said parcel contains 7.37 acres more or less_ r, ` Eels►-�a sTE R5v E' ; Pi vVAL Q t; DEC d 3 2007 "d=_RlDIAN PU$LIC QE 04�� CITY ok-,mE'HiD -N wnm(s DEPT. w 1.0�N� PLANKING&Z[}?\`WG 1904 VY,Overland • Boise.ID83705 Phone mal 342-0091 Fax(208)342-0092 Email:czuadrant(dquadranl.cc Civii Engineering • Surveying • construction Management ;tEViE{ P GIiF� CY 7-mo—Quadrant h1ERIOIAN PUBLIC Consulting, I n C. WCRK5 DEFT. Legal Description 1 For Bridgetower Crossing Subdivision No. 16 (L-O Rezone) Rezone from R-4 to L-0 Lot 2,Block 10 of Bridgetower Crossing Subdivision No. 2, Book 86 of Plats at Pages 9641-9643; Lot 1 thru 3, Block 1 of Gallery Subdivision, Book 93 of Piats at Pages 11140-11141;Ada County Records and a portion of the Right-Of-Way of North Ten Mile Road and West Belltower Drive, located in the Northwest quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho more particularly described as follows: Commencing at the Northwest corner of said Section 35,thence South 00'52'46"West, 1256.52 feet along the West line of said section to the Point of Beginning; Thence South 89'07'14"East,398.00 feat to the Northeast corner of said Lot 2; Thence South 00'52'46"West,494.52 feet to the centerline of said West Belhower Drive; Thence North 89 07'14"West,398.00 feet along said centerline to the West line of said Section 35; Thence North 00`52'46"East,494.52 feet along said West line to the Point of Beginning. EXCLUDING THEREFROM: Lot 1, Block 10 of Bridgetower Crossing Subdivision No. 2,Book 86 of Plats at Pages 9641-9643;more particularly described as follows; Commencing at the Northwest comer of said Section 35,thence South 00`52'46"West, 1255.52 feet along the West line of said section,thence South 89'07'14" East,233.00 feet,thence South 00'52'46"West, 60.02 feet to the Northwest corner of said Lot 1, being the Point of Beginning; Thence South 89"07'14"East, 140.00 feet to the Northeast corner of said Lot; Thence South 00'52'46"West, 145.11 feet to the Southeast comer of said Lot; Thence North 89'07'1 4"West, 140.00 feet to the Southwest corner of said Lot; Thence North 00'52'46"East, 145.11 feet to the Point of Beginning. L � RFuG�� Said parcel contains 4.05 acres more or less. 4rF Of 194a O w. LO M4 w.Overiand - Baize.0 83705 - Phone(2a8)342-DC91 - Fac(208)342-DO92 • Ernoii:quadront.=m, -.C.: Civil Engineering - Surveying - Constructior.Mofiagement �t ■Es Quadrant consulting, Inc. Legal Description For Bridgetower Crossing Subdivision No. 16 (L-0 Rezone) Rezone from R-4 to L-0 Lot 3, Block 6 of Bridgetower Crossing Subdivision No.2,Book 86 of Plats at Pages 9641-9643;Ada County Records and a portion of the Right-Of-Way of North Ten Mile Road, located in the Northwest quarter of Section 35,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho more particularly described as follows: Commencing at the Northwest corner of said Section 35,thence South 00'52'46°West, 2014.59 feet along the West line of said section to the Point of Beginning; Thence South 89'07'14"East,398.00 feet to the Northeast comer of said lot 3; Thence South 00'52'46"West,200.00 feet to the Southeast corner of said Lot; Thence North 119.0714"West,398.00 feet to the West line of said Section; Thence North 00'52'46'=East,200.00 feet along said West fine to the Point of Beginning. Said parcel contains 1.83 acres more or less, i typLfo� 5 TEA REV; AVAL gY of%04 W6R1C5 DERT4G W, LOB 1 s04 W.Overland Salsa.ID 83705 • Phone 1208)342-0091 Fax i208j 342-0092 • Emou:quodrantQ4Uadranl.cc Civil En4neering • Surveying • Construction Manogement Exhibit J3 — Bridgetower Crossing Office ■■ Quadrant Consulting, Inc Legal Description For Bridgetower Crossing Subdivision No. 15 (Rezone) Rezoning from R-4 to L-O Lot 15,16 and17, Block 36 and Lot 1, Block 39 of Bridgetower Crossing Subdivision No. 11, Book 95 of Plats at Pages 11804-11805;Ada County Records, Lot 43,44 and 45, Block 32 of Bridgetower Crossing Subdivision No. 12, Book 96 of Plats at Pages 11834- 11636; Ada County Records and a portion of the Right-Of-Way of North Linder Road. West McMillan Road,and North Coppercloud Way located in the Northeast quarter of Section 35, Township 4 North. Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Commencing at the Northeast corner of said Section 35, being the Point of Beginning; Thence South 00 15'17"West, 1317.40 feet along the East line of said Section; Thence North 89 19'30"West, 418.01 feet to the Southwest corner of said Lot 17; Thence North 00'15'17 East, 1316.35 feet to the North line of said Section; Thence South 89`28'07" East, 418.00 feet along the North line of said Section; Said parcel contains 12.637 acres more or less. ADS, r EL -d gr�OF�Op LD13e`'� RE i 6YAL a, 4'� Is 267 Meridian City Council May 20, 2008 Page a of 53 LLC — Northeast Corner of West McMillan Road and North Ten Mile Road: F. Development Agreement: RZ 07-018 Request for a Rezone of 12.64 acres from R-4 to an L-O zone for Bridgetower Crossing Office by Primeland Development Group, LLC — Southwest Corner of West McMillan Road and North Linder Road- G. Development Agreement: RZ 07-022 Request for a Rezone of 7.37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88 acres from R-4 to L-O zones for Bridgetower Crossing Commercial by Primeland Development Group, LLC — east of North Ten Mile Road and south of West McMillan Road: H. Development Agreement: AZ 07-018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision by Seagle Three, LLC — 870 West Ustick Road: I. Addendum to Development Agreement: MI 07-013 Request for Miscellaneous application to modify the Recorded Development Agreement for Verona Commercial by Primeland Development Group, LLC — Northeast Corner of West McMillan Road and North Ten Mile Road: J. Addendum to Development Agreement: MI 07-014 Request for a Miscellaneous application to modify the recorded Development Agreement for Bridgetower Crossing Office by Primeland Development Group, LLC — Southwest Corner of West McMillan Road and North Linder Road: K. Findings of Fact and Conclusions of Law for Denial: VAR 08- 003 Request for a Variance to UDC Table 11-2A-5 to allow a structure encroachment into the required rear yard setback in the R-4 zoning district for Silman Setback by Stanley Silman — 1749 West Lowry Street (Lot 10, Block 16, Tumble Creek Subdivision #6): L. Development Agreement: RZ 07-023 Request for Rezone of 0.62 acres from R-4 to an R-8 zone for Blackstone No. 2 by Landmark Engineering and Planning, Inc. —4700 West Aspen Creek Street: M. Sanitary Sewer Easement Agreement for Kelly Creek by Jim Durst: Meridian City Council May 20,2008 Page 5 of 53 N. Resolution No. 08-607 2008 Meridian Parks and Recreation Fees: O. Resolution No. 08-608 Drug and Alcohol Policy: P. Resolution No. 08-609 Introductory Period of Employment: De Weerd: Okay. Item No. 6 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I will restate the resolution numbers in the Consent Agenda. Item N is 08-607. Item 0 is 08-608. And item P is 08-609. And with that I move we approve the Consent Agenda as published and for the Mayor to sign and Clerk to attest on all papers. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, I will ask Madam Clerk, to, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Legal Department— Bill Nary 1. Temporary Sales Units Recommendation Regarding Fees: Waive Fees for all Temporary Use Permits effective with the passing of the new ordinance & for one calendar year De Weerd: Item 7 under Department Reports, I would ask Mr. Baird to, please, give an update on the temporary sales ordinance. Baird: Thank you, Madam Mayor, Members of the Council. I have an e-mail that summarizes a meeting that was held today with Mr. Nary and representatives of the planning department and the clerk's office and what they did is took up the issue of the fees for temporary uses. As you may be aware, it's been sort of controversial as to whether we should be charging for that and particularly as it may pertain to charitable organizations. After this meeting the recommendation to you from this group is that you not charge fees for temporary use permits for the 2008 calendar year. The city is more