CentrePoint Subdivision H-2016-0057CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0057 - 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 for CentrePoint
Subdivision, by W. H. Moore.
Case No(s). H-2016-0057
For the City Council Hearing Date of: June 21, 2016 (Findings on June 28, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 21, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 21, 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 21, 2016, incorporated by reference. The conditions are concluded to be
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0057 - 2 -
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 the provisions in the Staff Report for the hearing date of June 21, 2016, attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D).
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification (UDC 11-5B-3F).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the six (6) month approval
period (UDC 11-5B-3F).
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 June 21, 2016
By action of the City Council at its regular meeting held on the ___________ day of ________________,
2016.
EXHIBIT A
CentrePoint – MDA H-2016-0057 1
STAFF REPORT
HEARING DATE: June 21, 2016
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: CentrePoint – MDA H-2016-0057
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, W. H. Moore, requests a modification to the development agreement to allow the
development of a self-service storage facility with outdoor storage at the northwest corner of the site with a
conditional use permit; reduction in the width of the street buffer required along E. Jasmine Ln. from 25
feet to zero feet; authorization to close off the micropath from Champion Park Subdivision; and allowance
for a building permit to be issued in Phase 2 of CentrePoint Subdivision prior to recordation of the final
plat. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA as requested by the applicant.
The Meridian City Council heard these items on June 21, 2016. At the public hearing, the Council
approved the subject MDA request.
a. Summary of City Council Public Hearing:
i. In favor: Jonathan Seel
ii. In opposition: None
iii. Commenting: Joseph Cataloni
iv. Written testimony: Jonathan Seel and Chad Olsen
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. The 10-foot wide buffer to the residences in Champion Park Subdivision along the west
boundary of the site; preference for a gated entry at the north and south ends of the buffer
area for maintenance purposes and reduced vegetative groundcover within the buffer.
ii. The lighting at the rear of the storage structures adjacent to residential uses; preference for
motion sensor lighting.
ii. Key Council Changes to Staff Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0057 as
presented in the staff report for the hearing date of June 21, 2016, with the following modifications: (Add
any proposed modifications.)
EXHIBIT A
CentrePoint – MDA H-2016-0057 2
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0057 as
presented during the hearing on June 21, 2016, for the following reasons: (You should state specific reasons
for denial.)
Continuance
I move to continue File Number H-2016-0057 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 site is generally near the northwest corner of N. Eagle Road and E. Ustick Road, in the SE ¼ of
Section 32, Township 4N., Range 1E.
B. Owner:
Blue Marlin Investments, LLC
1940 Bonito Way, Ste. 160
Meridian, ID 83642
C. Applicant:
W. H. Moore
1940 Bonito Way, Ste. 160
Meridian, ID 83642
D. Representative:
Jonathan Seel
2906 Haven Drive
Eagle, ID 83616
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: May 30 and June 13, 2016
C. Radius notices mailed to properties within 300 feet on: May 26, 2016
D. Applicant posted notice on site by: June 2, 2016
VI. LAND USE
A. Existing Land Use(s): This property consists of vacant/undeveloped land, zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Rural residential property, zoned RUT in Ada County
West: Single-family residential properties in Champion Park Subdivision, zoned R-8
South: Multi-family residential (Timbergrove) and commercial retail uses, zoned C-G
East: Vacant/undeveloped property, zoned C-G
EXHIBIT A
CentrePoint – MDA H-2016-0057 3
C. History of Previous Actions:
This property was annexed (AZ-03-025, Blue Marlin) in 2003 and zoned C-G; a development
agreement was required as a provision of annexation recorded as Instrument No. 105048793.
A modification to the development agreement (MI-05-017, Nesmith Annexation) was approved in
2005, recorded as Instrument No. 106060856, to add 1.5 acres of property to the provisions of the
development agreement and reduce the landscape buffer along the west property boundary adjacent to
the residential uses in Champion Park Subdivision to 10 feet.
A preliminary plat (PP-06-063) for CentrePoint North Subdivision was approved in 2007.
A final plat (FP-07-011) for Phase 2 of the development which includes the subject property was
approved in 2007 but has not yet been signed by the City Engineer and recorded. Several time
extensions (TE-08-028, TE-10-020, TEC-12-002, TEC-14-002; H-2016-0011) have been approved to
extend the period of time in which to obtain the City Engineer’s signature on the final plat. The
applicant states that they are moving forward with construction of CentrePoint Way and recording the
final plat.
A new development agreement (MI-06-008) was approved in 2006, recorded as Instrument No.
106191305, which replaced the two earlier agreements (#105048793 and #106060856). This agreement
removed the requirement for a conditional use permit/planned development to be submitted and
included a conceptual development plan for the site. The Kohl’s parcel (#S0532449210) was excluded
from this agreement and is still subject to the two aforementioned agreements.
A modification to the development agreement (Inst. #106191305) (MDA-12-007) was approved in
2012, recorded as Instrument No. 114002255, which amended the conceptual development plan and
associated provisions of the agreement to allow the development of multi-family residential uses within
CentrePoint Subdivision.
VII. ANALYSIS
The applicant requests a modification to the existing development agreements (#106191305
&114002255) for this site to allow the development of a self-service storage facility with outdoor
storage through a conditional use permit; reduction in the width of the buffer required along E. Jasmine
Lane and the residential use to the north from 25 feet to zero feet; authorization to close off the
micropath from Champion Park Subdivision; and allowance for a building permit to be issued in Phase
2 of CentrePoint Subdivision prior to recordation of the final plat.
The following is Staff’s analysis on the proposed modifications:
The previous development plan for the northwest portion of this property was for a multi-family
development (see Exhibit A.2); the proposed development plan is for a self-service storage facility
(see Exhibit A.3). The development agreement (DA) currently prohibits outside storage facilities;
the applicant proposes to remove outdoor storage as a prohibited use.
The UDC (Table 11-2B-2) lists outside storage facilities as an accessory use to a principle use in
the C-G district. The proposed self-service storage facility requires conditional use permit (CUP)
approval in the C-G district; outside storage would be allowed as an accessory use provided that it
complies with the specific use standards listed in UDC 11-4-3-33, Outdoor Storage Facility. Self-
service storage facilities are required to comply with the specific use standards listed in UDC 11-4-
3-34, Self-Service Storage Facility.
Staff recommends the development plan for the northwest corner of the site is modified as
requested by the applicant and that outside storage is removed as a prohibited use. Staff further
recommends if future development is not consistent with the conceptual development plan for a
EXHIBIT A
CentrePoint – MDA H-2016-0057 4
storage facility that the DA is modified to include an updated plan rather than requiring a CUP as
currently required in the DA.
The DA currently allows principal permitted uses to develop on the site without CUP approval
provided that they meet certain design criteria specified therein. Because the City now has design
standards that are applicable to new development, staff recommends a provision is included that
replaces the specific design criteria and requires all future development on this site to comply with
the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual (ASM), as
applicable, per UDC 11-5B-8B. Additionally, as a condition of approval of the last time extension
for the final plat for phase 2 (H-2016-0011), future development in that phase was required to
comply with the design standards in the ASM.
The applicant requests the removal of the requirement of a 25-foot wide buffer with a berm and 6-
foot tall solid fence to be constructed along the northern boundary of the site adjacent to Jasmine
Lane.
Based on UDC 11-3B-9B, staff has determined that because the subject property does not share a
contiguous lot line with the residential land use to the north (Jasmine Lane exists within a 50-foot
wide easement along the north boundary of the site that separates the subject property from the
residential use), a 25-foot wide buffer to residential uses is not required. However, a 10-foot wide
street landscape buffer is required along local streets (i.e. Jasmine Lane) in the C-G district per
UDC Table 11-2B-3.
Therefore, staff recommends the DA provision (#5e) that requires a 25-foot wide buffer with a
berm and fence adjacent to Jasmine Lane is modified to require a 10-foot wide street buffer instead
landscaped in accord with the standards listed in UDC 11-3B-7C.
Note: Jasmine Lane is anticipated to be improved and dedicated as a public street in the future to
serve future residential uses; the FLUM designation for the property to the north is medium density
residential.
A conceptual building elevation was submitted that depicts the entry of the facility off of
CentrePoint Way (see Exhibit A.3). The rear wall of the perimeter buildings that will surround the
facility are proposed to be 12 feet in height with 14-foot tall tower elements constructed of a stucco
material. Enclosed storage garages are proposed around the perimeter of the site and approximately
half of the interior space; the rest is planned as open storage which will be screened by the
perimeter structures. Note: Building designs are required to incorporate modulation in the façade
plane as set forth in the Architectural Standards Manual; a continuous rear wall of the structure s
in the same height and form will not be approved (see pgs. C-13-15 in the ASM).
Outside of this application, the applicant’s narrative states that they are moving forward with
extending CentrePoint Way to the north property line and recording the final plat for CentrePoint
Subdivision No. 2. They want to be allowed to commence construction prior to the final plat being
recorded but understand that all improvements including the construction of CentrePoint Way need
to be constructed and the final plat recorded prior to issuance of Certificate of Occupancy. Staff
recommends a provision is added in the DA that allows the applicant’s request.
Staff recommends approval of a modification to the DA’s (#106191305 &114002255) per the
provisions in Exhibit A.5.
VIII. EXHIBITS
A. Drawings/Other
1. Zoning/Aerial Map & Approved Final Plat
EXHIBIT A
CentrePoint – MDA H-2016-0057 5
2. Existing Conceptual Development Plan Included in the Development Agreement as Exhibit A-1.0
3. Proposed Conceptual Development Plan(s) to Replace Exhibit A-1.0 in the Existing Development
Agreements (Includes Conceptual Development Plan Approved with MI-06-008)
4. Proposed Conceptual Building Elevation for Storage Facility Entrance
5. Proposed Modifications to Existing Development Agreement Provisions
6. Legal Description of Property Subject to Development Agreement
EXHIBIT A
CentrePoint – MDA H-2016-0057 6
Exhibit A.1: Zoning/Aerial Map & Approved Final Plat
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EXHIBIT A
CentrePoint – MDA H-2016-0057 7
EXHIBIT A
CentrePoint – MDA H-2016-0057 8
Exhibit A.2: Existing Conceptual Development Plan Included in the Development Agreement as Exhibit
A-1.0
EXHIBIT A
CentrePoint – MDA H-2016-0057 9
Exhibit A.3: Proposed Conceptual Development Plan to Replace Exhibit A-1.0 in the Existing
Development Agreement
EXHIBIT A
CentrePoint – MDA H-2016-0057 10
Exhibit A.4: Proposed Conceptual Building Elevation for the Storage Facility Entrance
EXHIBIT A
CentrePoint – MDA H-2016-0057 11
Exhibit A.5: Proposed Modifications to Existing Development Agreement Provisions
(Applicant proposed and Staff recommended changes noted in strike-out/underline format)
Current Consolidated Development Agreement Provisions [Instrument No.’s 106191305 (MI-06-008); and
114002255 (MDA-12-007)]:
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under “City’s” Unified
Development Code codified in Table 11-2B-2 and herein specified as follows:
a) Principally permitted uses on the subject property shall be allowed without Conditional Use
Permit approval, provided all future buildings have: All future development shall comply with
the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual, as
applicable per UDC 11-5B-8B.
1) Front facades that incorporate windows, modulations in the façade, and roof line recesses
and projections along a minimum of 20 percent of the length of the façade;
2) At least two changes in one or a combination of the following shall be incorporated into the
building design: color, texture and materials.
3) Exterior building walls shall demonstrate the appearance of high-quality materials of stone,
brick, wood or other native materials. Acceptable materials include tinted or textured
masonry block, textured architectural coated concrete panels, or stucco or stucco-like
synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated
steel panels are prohibited except as accent materials.
4) All ground level and roof top mechanical equipment shall be screened from view.
If a future proposed building is not consistent with the above-mentioned provisions, then the
building and use shall be required to obtain Conditional Use Permit approval prior to
construction and operation.
b) Future construction on the subject site shall be generally consistent with the Master Site Plan
submitted with MI-06-008 (excluding the Kohl’s parcel, #S0532449210) and including the
conceptual development plan submitted with H-2016-0057 for the northwest corner of the site,
as determined by the Planning Community Development Director. All lots with frontage on
Eagle Road, and all lots that border the western and northern property boundaries shall contain
freestanding buildings. If a future proposed building is not generally consistent with the Mast er
Site Plan or conceptual development plan for the northwest corner of the sit e (as applicable),
then the building shall be required to obtain Conditional Use Permit approval development
agreement shall be modified accordingly. With respect to multi-family development, attached
hereto as Exhibit A-1.0, is an example of an acceptable site layout for the northwest section of
the Property.
c) The following uses shall not be allowed on any lot adjacent to the western or northern property
boundary as shown on the Master Site Plan (pads 9-18, 21-24 and the Family Center) that
borders a residential district, including the County RUT district:
Outdoor arts, entertainment or recreation facility
Outdoor stage, music venue, arts, entertainment or recreation facility
Cemetery
Church or place of religious worship
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Fuel sales facility, truck stop
Hotel and motel
Industry, information
Industry, light
Mortuary
Nursery or urban farm
Recreational vehicle park
Storage facility, outside
Temporary use
Vehicle sales or rental and service
Vehicle washing facility, unless as an accessory use on Lot 8, Block 1 Centrepointe
Subdivision)
Wireless communication facility and/or tower
Wireless communication facility, amateur radio antenna
d) That all future buildings on the subject property will be required to submit a Certificate of
Zoning Compliance (CZC) application prior to construction. And all future buildings adjacent
to Eagle Road and Ustick Road will be required to obtain Design Review approval prior to
construction.
5. CONDITONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
Owner/Developer shall develop the Property in accordance with the following special conditions:
a) All future uses on proposed lots or parcels within the annexation area shall be required to
comply with the amended Section 4 of the Development Agreement and the City’s Unified
Development Code.
b) The Developer shall provide a public or private road located as generally shown on the concept
plan.
c) Five pedestrian walkways that connect the lots adjacent to Eagle Road and the main shopping
area shall be included with this development. These walkways shall be generally located as
shown in the submitted Master Site Plan and shall be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks. The walkways shall be
constructed prior to occupancy of any adjacent building.
d) Three public/pedestrian gathering areas shall be generally located as shown in the submitted
Master Site Plan. These gathering areas shall be constructed of steel, wood, brick, stucco or
other similar materials and shall provide between 200-400 square feet of covered gathering
space. The gazebos for the gathering areas shall be consistent with the elevations attached as
Exhibit “C” and Exhibit “D”. The gathering areas shall be constructed prior to occupancy of
any adjacent building.
e) Exclusive of any public street or driveway stub, a 10-foot wide street landscape buffer designed
in accordance with UDC 11-3B-97 shall be constructed adjacent to Jasmine Lane along the
northern boundary of the subject property as follows. For commercial development, this
landscape buffer shall be 25 feet wide and include a berm and six foot solid fence. For multi-
EXHIBIT A
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family development, this landscape buffer shall be 20 feet wide; provided, however, that patios,
balconies (including any supporting columns and their footings), roof overhangs, and
ornamental architectural projections, may project not more than 10 feet into the landscape
buffer. In addition to the landscape buffer, trash compactors or loading docks shall be
prohibited along the north side of any future buildings located along the northern boundary of
the subject property.
f) The west elevation of buildings located on the east side of the proposed North Centre Point
Way (buildings designated as A, C, F, G, H, K, L, M on the Master Site Plan) shall contain
architectural elements and enhancements including but not limited to, variations in the
materials, colors, and facades that help to soften the appea rance of these westerly elevations
which are visible from, the proposed public street, North Centre Point Way. These variations
shall account for a minimum of 20 percent of the façade. All trash compactors, docks, or
loading areas along these elevations shall be fully screened.
g) Buildings identified on the Master Site Plan as Retail A, C, H, K, M shall have architectural
elements and landscaping features that break up any long façade or wall that faces a main drive
aisle or parking area. These architectural elements shall include at least two changes in
materials or colors, and some modulation in the façade, including but not limited to, columns,
cornices, extrusions, glass or other architectural.
h) Future buildings along the western and northern property boundaries (abutting Champion Park
Subdivision or Jasmine Lane) shall, in the case of commercial development, not exceed 35 feet
in height, and in the case of multi-family development, not exceed 40 feet in height.
i) Issuance of a building permit shall be deemed approval of the related plans with respect to the
design restrictions of this development agreement.
j.) Developer agrees to grant a permanent easement to City for the construction and maintenance
by City of a low-profile “Welcome to Meridian” monument sign fronting Eagle Road at a
location selected by Developer within the northerly 380 feet of the Property frontage, based on
sign design criteria mutually acceptable to City and Developer. The Developer has also agreed
to enter into discussions with the City on a potential cost-share arrangement for the entryway
sign after the City has established the cost and appearance of the sign.
k.) The applicant shall fence off the Champion Park micropath from the future multi-family
development unless it is the desire of the Champion Park neighborhood that the micropath
connection remain open storage facility.
l.) Construction of the storage facility may commence prior to the final plat being recorded;
however, all improvements including the construction of CentrePoint Way shall be constructed
and the final plat recorded prior to issuance of Certificate of Occupancy.
EXHIBIT A
CentrePoint – MDA H-2016-0057 14
Exhibit A.6: Legal Description of Property Subject to Development Agreement
EXHIBIT A
CentrePoint – MDA H-2016-0057 15