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Eagle Commons at Overland-MDA H-2015-0024CITY OF MERIDIAN ERIDIAN-�� FINDINGS OF FACT, CONCLUSIONS OF LAW � AND DECISION & ORDER eh In the Matter of the Request for a Modification to the Development Agreement Provisions Associated with Annexation Ordinance #719 (Langly Associates, Inc., I-84 Center), by Eagle Commons at Overland, LLC. Case No(s). H-2015-0024 For the City Council Hearing Date of: December 15, 2015 and January 15, 2016 (Findings on January 26, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and set -vices required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Cleric upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0024 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 5, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per provisions in the Staff Report for the hearing date of January 5, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement modification shall be signed by the property owner(s) and returned to the City within two (2) years of the City Council granting the modification (UDC 11-513- 3F.2). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 5, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0024 - 2 - 1 By action of the City Council at its regular meeting held on the day o , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED D—) COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED (N COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta de Weerd ��� FV( AL,,� 4 Attest: �� OW Gty Of � ELP,IDIAN& Jaycee Ulman SEAL City Clerk t Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: .. Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0024 - 3 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0024 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement Provisions Associated with Annexation Ordinance #719 (Langly Associates, Inc., I-84 Center), by Eagle Commons at Overland, LLC. Case No(s). H-2015-0024 For the City Council Hearing Date of: December 15, 2015 and January 15, 2016 (Findings on January 26, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0024 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 5, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the development agreement is hereby approved per provisions in the Staff Report for the hearing date of January 5, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement modification shall be signed by the property owner(s) and returned to the City within two (2) years of the City Council granting the modification (UDC 11-5B- 3F.2). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 5, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0024 - 3 - By action of the City Council at its regular meeting held on the ___________ day of ________________, 2016. COUNCIL PRESIDENT KEITH BIRD VOTED_______ COUNCIL VICE PRESIDENT JOE BORTON VOTED_______ COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_______ COUNCIL MEMBER TY PALMER VOTED_______ COUNCIL MEMBER LUKE CAVENER VOTED_______ COUNCIL MEMBER GENESIS MILAM VOTED_______ MAYOR TAMMY de WEERD VOTED_______ (TIE BREAKER) Mayor Tammy de Weerd Attest: _______________________________ Jaycee Holman City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By:__________________________________ Dated:________________________ City Clerk’s Office EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 1 STAFF REPORT HEARING DATE: January 5, 2016 (Continued from: December 15, 2015) TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Eagle Commons at Overland – MDA H-2015-0024 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Eagle Commons at Overland, LLC, requests approval of a modification to the development agreement (MDA) that was required as a provision of annexation of the property in 1995 to include a new conceptual development plan and specific provisions related to development of the site. See Sections VI.C and IX. Analysis below for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0024 as presented in the staff report for the hearing date of January 5, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2015-0024 as presented during the hearing on January 5, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2015-024 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located off the northeast corner of S. Eagle Road and E. Overland Road, in the southwest ¼ of Section 16, Township 3N., Range 1E. B. Owner: James A. Kissler, LLC 1125 W. Amity Road Boise, ID 83705 C. Applicant: Jeff Huber, Eagle Commons at Overland, LLC 8385 W. Emerald Boise, ID 83704 EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 2 D. Representative: Jeff Huber, White-Leasure Development Company 8385 W. Emerald Boise, ID 83704 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 23 and December 7, 2015 C. Radius notices mailed to properties within 300 feet on: November 19, 2015 D. Applicant posted notice on site by: December 1, 2015 VI. LAND USE A. Existing Land Use(s): This property consists of rural residential/agricultural land that has not yet been developed, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant/agricultural land, zoned C-G West: S. Eagle Road/I-84, zoned C-G South: Undeveloped land and an ACHD park and ride lot, zoned C-G East: Residential properties in Jewell Subdivision, zoned R1 in Ada County; and commercial property (Zamzow’s), zoned C-G C. History of Previous Actions:  In 1995, this property was annexed with a C-G zoning district as part of the development area for the I-84 Center, which consisted of 73.5 acres of land (Ord. #719; Langly Associates, Inc.). A development agreement (DA) was required as a provision of annexation to be entered into prior to the preliminary plat being approved and required all of the property to develop as a commercial planned development. A conditional use permit for a planned commercial development was also approved for a 700,000+/- square foot retail center but has since expired. Note: There is additional land (52+/- acres) to the north that was part of these applications that is not part of the subject application. The applicant for the previously approved project chose not to proceed with development; therefore, the DA was never executed; however, the provisions of annexation still apply to development of the property.  A property boundary adjustment (PBA-14-008) was tentatively approved on July 14, 2014; however, final approval was never obtained. A record of survey (#9885) was approved which adjusted the boundary of the site to include frontage on E. Overland Road. The PBA must be finalized with the Planning Division prior to the issuance of a building permit for the Norco site (phase 1). VII. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant proposes to modify the previously required provisions of the DA consistent with the development plan currently proposed for the southern 21.25 acre portion of the 73.5 acre annexation EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 3 area (see Exhibit A.3). The DA was required as a provision of annexation of the property but was never executed; development of the property as a whole is still tied to the provisions associated with the annexation. Note: When the property to the north develops, the developer of that property will also be required to enter into a DA; the provisions of this MDA do not apply to development of that property – the provisions associated with the annexation still apply, unless otherwise amended through a future development agreement modification. The previously approved conceptual development plan depicted a power center consisting of 700,000 square feet of commercial retail uses on this site and the 52+/- property to the north (see Exhibit A.2). The DA provisions included in the Findings for the annexation of the property are included in Exhibit A.3. Because the project was approved 20 years ago, a lot of these provisions are now standard development requirements contained in the UDC and are unnecessary to include in a DA. Other provisions that may still be applicable are listed below with staff’s analysis in italics. a. Prior to submittal of any plats, conditional use applications, or building plans, donate to the City of Meridian a 100’ x 100’ well site at the proposed site and meet all the criteria of the State of Idaho Department of Water Resources and the City of Meridian. The City Engineer has deemed the well lot is no longer necessary to be provided. b. The property is required to be subdivided, a conditional use permit is required for all development on the property, and design review is required for all structures. Staff has verified that the subject three parcels are “original parcels of record” as defined by UDC 11-1A-1; however, the property boundary adjustment (PBA) that received tentative approval in 2014 needs to be finalized to reflect the current boundary of the site. With finalization of the PBA, staff supports the applicant’s request to be allowed one building permit to construct the building for Norco; prior to issuance of subsequent building permits, the property should be subdivided prior to issuance of a Certificate of Zoning Compliance. Design review is required per the standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual; it’s not necessary to be included in the DA. Staff does not recommend that a CUP is required for all uses, only those that require CUP approval in the C- G zoning district. STAFF’S ANALYSIS ON THE CONCEPTUAL DEVELOPMENT PLAN PROPOSED BY THE APPLICANT IS AS FOLLOWS: Conceptual Development Plan: The applicant proposes to develop the site in three (3) phases. The first phase will include the construction of a 2-story 86,000+/- square foot store for Norco and associated parking and drive aisles. The ground floor will have a retail showroom for medical and industrial supplies with a warehouse and retail storage. The second floor will house a new billing office for the medical side of Norco. The second phase will include the construction of an 85,000 to 95,000 square foot single-story commercial/retail store. The third phase will consist of single pad site (Lot 3) along the west boundary of the site; no specific users are identified at this time but will consist of uses allowed in the C-G district per UDC Table 11-2B-2. Future Land Use Map (FLUM): The FLUM designation for this site is Mixed Use – Regional (MU- R). The purpose of the MU-R designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single-use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Residential uses should comprise a minimum of 10% of the development area at densities ranging from 6 to 40 units/acre. Retail commercial uses should comprise a maximum of 50% of the development area. There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry or entertainment uses (see pgs. 30-31, Comprehensive Plan for more information). EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 4 The site is located near the northeast corner of S. Eagle Road and E. Overland Road, a major arterial intersection. The application states that the Norco store proposed with Phase 1 will employ approximately 200 people. The large retail store proposed in Phase 2 will likely provide a much needed service in this area; and the development of Lot 3 should add to the variety of commercial uses in the development. No residential uses are proposed. Because The Village shopping center further to the north at Eagle Road and Fairview Avenue has developed since this property was annexed, Staff feels the existing plan for a power center may no longer be feasible; therefore staff supports the proposed employment use associated with the Norco site and a large retail store with supporting uses on Lot 3; however, because this site is designated MU-R, residential uses should be included in the plan. Because this site is part of a larger area that is also in the MU-R designated area, and is subject to the same development agreement requirement, staff would encourage a residential component to be included with development of the property to the north to provide the mix of uses required in this area. Access: Access is proposed to be provided by a driveway via E. Overland Road at a partially signalized intersection (E. Overland Rd./S. Silverstone Way). The submitted concept plan depicts a 30-foot wide commercial driveway around the perimeter of the site which will provide temporary access to the Norco site and two (2) emergency accesses for the Fire Department are proposed at the west boundary of the site via S. Rackham Way and may be gated until such time as Lot 3 develops. Staff has consulted with ACHD on the transportation requirements associated with development of this site and based on their comments they are requesting the following from the developer when the property is platted: 1) A Traffic Impact Study (TIS); 2) The extension of S. Silverstone Way (with curb, gutter and sidewalk) as a collector street from E. Overland Road through the site to the north property boundary for future extension in accord with ACHD standards. This would allow both the Elk’s and the Zamzow’s properties access to the signalized intersection. Staff recommends the applicant deed the right-of-way of the collector road to ACHD prior to subdividing the property so the roadway can be constructed by the applicant with the first phase of development; 3) Rackham Way would need to be improved as a local street (with curb, gutter and sidewalk) in accord with ACHD standards. NOTE: At some point in the future, S. Rackham Way may re-align farther towards the east in accord with the development agreement in effect for the Overland Village annexation (AZ-08-001)(DA #109134179); and 4) Per an existing agreement, contribute funds toward the cost of the existing signal at Overland and Silverstone. Further, Staff recommends right-of-way be expanded to the east property boundary to provide public street frontage to Parcel #R4626240075; this will allow for the development of a stub street in that location in the future if the property to the east redevelops commercially as anticipated. Landscaping: A 35-foot wide street buffer is required along E. Overland Road, an entryway corridor and a 20-foot wide street buffer will be required adjacent to the future collector road; and a 10-foot wide street buffer is required along S. Rackham Way, a local street, per UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-7C. Typically, a 25-foot wide landscape buffer to residential uses is required as proposed along the east boundary of the site per UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-9C. If a collector road is constructed along the east boundary as desired by staff and ACHD, the applicant will only be required to construct a 20-foot wide landscape buffer in accord with UDC Table 11-2B-3. Lighting: All lighting proposed on the site shall comply with the standards listed in UDC 11-3A-11C. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 5 to prevent uplighting; the bulb should not be visible and should have a full cutoff shield; and should be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. Waterways: The Fivemile Creek runs east/west along the southern boundary and across the proposed driveway via E. Overland Road to the east boundary of this site. The creek shall remain open as a natural amenity and shall not be piped or otherwise covered and shall be protected during construction. Fencing along the waterway shall not prevent access to the waterway, unless Council deems fencing should be required in the interest of public safety in accord with UDC 11-3A-6B. Pathways: A 10-foot wide multi-use pathway is proposed along the north boundary of the Five Mile Creek in accord with the Pathways Master Plan; a public pedestrian easement is required to be submitted to the City, approved by City Council and recorded. Landscaping is required to be installed on both sides of the pathway in accord with the standards listed in UDC 11-3B-12C. All pathways through common areas that are not visible from a public street shall be illuminated with a 4-foot tall bollard style or other appropriate lighting source, unless otherwise waived by the Direct, per UDC 11-3A-8H. Minimum five-foot wide pedestrian walkways should be provided internally within the site from the multi-use pathway connecting to the sidewalk along E. Overland Road to the building entrances with each phase of development as set forth in UDC 11-3A-19A.4a. Fencing: Fencing is not depicted on the site plan. Any fencing constructed on the site should comply with the standards listed in UDC 11-3A-7. Staff recommends a 6 to 8-foot tall fence/wall is constructed along the east boundary of the site adjacent to residential uses with the first phase of development. The applicant should work with the neighbors to determine an appropriate fencing height and material. Floodplain: A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the city and approved by the Floodplain Administrator, per MCC 10-6. All future buildings on the site and the layout of the site is required to obtain design review approval in accord with the standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual (or any updated versions thereof). Hours of Operation: Business hours of operation in the C-G zoning district are restricted to 6:00 am to 11:00 pm when adjacent to residential uses unless modified through a conditional use permit, per UDC 11-2B-3A.4, Design: All future structures on the site and the layout of the site are required to comply with the standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual (or any updated versions thereof). The building proposed in phase 2 depicted on the conceptual development plan as “Major A” should be restricted to a single-story in height as proposed by the applicant to better integrate with the residential properties to the east. In addition to the DA provisions associated with the annexation of this property that staff recommends above still be included, Staff also recommends new provisions be added to the DA as discussed above. Staff recommends approval of the proposed MDA per the provisions in Exhibit A.5. and the conceptual development plan included in Exhibit A.4. EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 6 X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Previously Approved Conceptual Development Plan 3. Existing Development Agreement Provisions 4. Proposed Conceptual Development Plan 5. Proposed Changes to the Development Agreement Provisions 6. Legal Description of Property Subject to Development Agreement EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 7 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 8 Exhibit A.2: Previously Approved Conceptual Development Plan EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 9 Exhibit A.3: Existing Development Agreement Provisions EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 10 EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 11 EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 12 EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 13 Exhibit A.4: Proposed Conceptual Development Plan (dated: December 11, 2015) EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 14 Exhibit A.5: Proposed Changes to the Development Agreement Provisions CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 1. The subject property shall develop in substantial compliance with the conceptual development plan included in Exhibit A.4 and the provisions in this agreement. 2. A 35-foot wide street buffer is required to be constructed along the frontage of the site along E. Overland Road, an entryway corridor; a 2010-foot wide street buffer is required along the future collector local commercial street (Silverstone Way) and a 10-foot wide street buffer is required to be constructed along S. Rackham Way, a local street, per UDC Table 11-2B-3 and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. These buffers shall be constructed with the first phase of development. If Rackham Way is vacated in the future, a street buffer is not required. 3. A 25-foot wide landscape buffer shall be provided along the east boundary of the site adjacent to abutting the residential uses in Jewell Subdivision, per UDC Table 11-2B-3 and shall be landscaped in accord with the standards listed in UDC 11-3B-9C if the collector street is not required to be constructed by City Council, unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners per UDC 11-3B-9C.2. 4. A 10-foot wide multi-use pathway shall be constructed along the north side of the Fivemile Creek from the west to the east boundary of the site as set forth in the Pathways Master Plan. A pathway connection to the south to E. Overland Road shall also be provided along the east west side of the driveway Silverstone Way to the E. Overland Rd./Silverstone Way intersection. This segment of the pathway, if constructed of concrete within the right-of-way, may be attached to the curb and will be maintained by ACHD. Landscaping is required to be installed on each side of the pathway along the creek in accord with the standards listed in UDC 11-3B- 12C. A public pedestrian easement is required to be submitted to the City, approved by City Council and recorded for the multi-use pathway along the creek with the first phase of development. 5. All pathways through common areas that are not visible from a public street shall be illuminated with a 4-foot tall bollard style or other appropriate lighting source, unless otherwise waived by the Director, per UDC 11-3A-8H. 6. Minimum five-foot wide pedestrian walkways shall be provided internally within the site from the multi-use pathway connecting to the sidewalk along E. Overland Road to the building entrances with each phase of development as set forth in UDC 11-3A-19A.4a. 7. The Fivemile Creek shall remain open as a natural amenity and shall not be piped or otherwise covered and shall be protected during construction. Fencing along the waterway shall not prevent access to the waterway, unless Council deems fencing should be required in the interest of public safety in accord with UDC 11-3A-6B. 8. Prior to issuance of any permits for the development of the second phase (depicted on the concept plan as Lot 1, Major A), the applicant shall subdivide the property and comply with ACHD requirements for the extension of Silverstone Way. and Silverstone Way shall be constructed to the north property line as a minimum half of a 40 foot local commercial street plus 12 feet of pavement on the east side in a minimum 50 foot right-of-way. Right-of-way for Silverstone Way shall abut the east property line. Additional right-of-way is required between EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 15 Overland Road and the creek to ensure parcels east and west of Silverstone Way have access to the public street; pedestrian improvements are required, including additional right-of-way and/or easements to accommodate such. 9. A cross-access/ingress-egress easement shall be provided to the property to the east (Zamzow’s, parcel #R4626240051, where the driveway stub is currently located) via a note on the final plat or a separate recorded agreement. If a separate agreement is recorded, a copy of such shall be submitted with the final plat application for the first phase of development (or the first Certificate of Zoning Compliance application, whichever occurs first); or, right-of-way for Silverstone Way may be dedicated where the driveway stub is located. Either an access easement shall be recorded and a copy submitted to the City; or, right -of-way shall be dedicated prior to issuance of Certificate of Occupancy for Norco. 10. All future structures on the site and the layout of the site shall comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual (or any updated versions thereof). 11. A gate that meets the Fire Department’s requirements shall be installed across the emergency access driveways via S. Rackham Way to prevent access by the public until the portion of the site depicted on the concept plan as Lot 3 develops. Once said lot portion is developed one (preferably the southern access) of the emergency accesses shall be converted to a public street access. 12. Business hours of operation in the C-G zoning district are restricted to 6:00 am to 11:00 pm when adjacent to residential uses unless modified through a conditional use permit, per UDC 11-2B-3A.4. 13. The building proposed in phase 2 (Lot 1) depicted on the conceptual development plan as “Major A” shall be restricted to a single-story in height as proposed by the applicant to better integrate with the residential properties to the east. 14. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the city and approved by the Floodplain Administrator, per MCC 10-6. 15. All lighting proposed on the site shall comply with the standards listed in UDC 11-3A-11C. Light fixtures that have a maximum output of 1,800 lumens or more shall have an opaque top to prevent uplighting; the bulb shall not be visible and shall have a full cutoff shield; and shall be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. 16. With the first phase of development (Norco, depicted on the concept plan as Lot 2), the developer shall construct S. Silverstone Way north from E. Overland Road as a local commercial collector street through the site to the north property boundary for future extension with curb, gutter and sidewalk in accord with ACHD standards. The applicant may deed the right-of-way of the collector road to ACHD prior to subdividing the property so the roadway can be constructed by the applicant with the first phase of development. Right- of-way shall be expanded at the east property boundary adjacent to Parcel #R4626240075 to provide public street frontage for that parcel; this will allow for the development of a stub street in that location in the future if the property to the east redevelops commercially as anticipated street with a minimum 40 feet of pavement with 3 foot gravel shoulders within a EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 16 minimum 60 foot right-of-way for approximately 100 feet, then tapering to a minimum 30 feet of pavement with 3 foot gravel shoulders within a minimum 50 foot right-of-way to just north of the creek. These improvements shall be complete prior to issuance of the first Certificate of Occupancy. 17. The developer shall dedicate additional right-of-way along the west property boundary to widen S. Rackham Way to local street standards with curb, gutter and sidewalk with the first phase of development subdivision of the property, unless S. Rackham Way is vacated. 18. The developer shall construct a 6 to 8-foot tall fence/wall along the east boundary of the site adjacent to residential uses with the first phase of development; a fence shall not be constructed in the floodway in accord with FEMA regulations. The applicant should work with the neighbors to determine an appropriate fencing height and material. 19. The applicant shall finalize the property boundary adjustment (PBA-14-008) for this property prior to issuance of the first building permit for this site. One building permit for Norco is allowed to be issued prior to subdivision of the property. 20. A street light plan will need to be included as part of the development plan submittal. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 21. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 22. Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. The applicant may be eligible for reimbursement of costs associated with upsizing the sewer and water mains per MCC 8-6-5. 23. Water modeling will be required prior to development plan submittal to determine the timing of completing the water main loop through the property from the existing 10-inch main stub at E. Overland Road and S. Silverstone Way to the existing 16-inch main adjacent to S. Rackham Way. 24. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 17 Exhibit A.6: Legal Description of Property Subject to Development Agreement EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 18 EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 19 EXHIBIT A Eagle Commons at Overland – MDA H-2015-0024 20