Eagle Commons at Overland MDA H-2015-0024ADA COUNTY RECORDER Christopher D. Rich 2016-106278
BOISE IDAHO Pgs=34 CHE FOWLER 11/02/2016 12:37 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. James A. Kissler, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of �lOiJG , 2016, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho and James L. Kissler, LLC, whose address is 1125 W. Amity Road, Boise, Idaho
83705, hereinafter called 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", which is attached hereto and by this reference incorporated herein as if
set forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511Aprovides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for the
Modification of a Development Agreement that was required as a provision
of annexation of the property in 1995.(as described in Exhibit "A"), under the
Unified Development Code, which generally describes how the Property will
be developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
DEVELOPMENT AGREEMENT —EAGLE COMMONS AT OVERLAND MDA H-2015-0024 PAGE 1 OF 10
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 26'�' day of January, 2016, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the UDC, Title 11.
NOW, 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 frill.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement;
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to James A. Kissler, LLC,
whose address is 1125 W. Amity Road, Boise, Idaho 83705, the party that is
developing said Property and shall include any subsequent
owner/developer(s) of the Property.
DEVELOPMENT AGREEMENT- EAGLE COMMONS AT OVERLAND MDA H-20150024 PAGE 2 OF 10
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A" and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. The subject property shall develop in substantial compliance with the conceptual
development plan included in Exhibit A.4 of the Staff Report attached as a portion of the
Findings of Fact and Conclusions of Law (Exhibit "B") and the provisions in this
agreement.
b. A 35 -foot wide street buffer is required to be constructed along the frontage of the site
along E. Overland Road, an entryway corridor, a -10 -foot wide street buffer is required
along the future local commercial street (Silverstone Way) and a 10 -foot wide street buffer
is required to be constructed along S, 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. If
Rackham Way is vacated in the future, a street buffer is not required.
c. A 25 -foot wide landscape buffer shall be provided along the east boundary of the site
abutting the residential uses in Jewell Subdivision, per UDC Table 11-2B-3 and shall be
landscaped in accord with the standards listed in UDC 11-313-9C, unless such width is
otherwise modified by City Council at a public hearing with notice to surrounding property
owners per UDC 11 -3B -9C.2.
d. A 10 -foot wide multi -use pathway shall be constructed alongthe north side ofthe Fivemile
Creek from the west to the east boundary of the site as set forth in the Pathways Master
Plan. A pathway connection to the south to E. Overland Road shall also be provided along
Silverstone Way to E. Overland Rd. This segment of the pathway, if constructed of
concrete within the right-of-way, may be attached to the curb and will be maintained by
ACHD. Landscaping is required to be installed on each side of the pathway along the creels
in accord with the standards listed in UDC 11 -3B -12C. A public pedestrian easement is
required to be submitted to the City, approved by City Council and recorded for the multi-
use pathway along the creek -with the first phase of development.
DEVELOPMENT AGREEMENT -EAGLE COMMONS AT OVERLAND MDA H-2015-0024 PAGE 3 OF 10
e. All pathways through common areas that are not visible from a public street shall be
illuminated with a 4 -foot tall bollard style or other appropriate lighting source, unless
otherwise waived by the Director, per UDC 11 -3A -8H.
f. Minimum five-foot wide pedestrian walkways shall be provided internally within the site
from the multi -use pathway connecting to the sidewalk along E. Overland Road to the
building entrances with each phase of development as set forth in UDC 11-3A-19A.4a.
g. The Fivemile Creek shall remain open as a natural amenity and shall not be piped or
otherwise covered and shall be protected during construction. Fencing along the waterway
shall 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.
h. 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.
i. A cross-access/ingress-egress easement shall be provided to the property to the east
(Zamzow's, parcel #R4626240051, where the driveway stub is currently located) or, right-
of-way for Silverstone Way may be dedicated where the driveway stub is located. Either an
access easement shall be recorded and a copy submitted to the City; or, right-of-way shall
be dedicated prior to issuance of Certificate of Occupancy for Norco.
j. All future structures on the site and the layout of the site shall comply with the design
standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual
(or any updated versions thereof).
k. A gate that meets the Fire Department's requirements shall be installed across the
emergency access driveways via S. Rackham Way to prevent access by the public until the
portion of the site depicted on the concept plan as Lot 3 develops. Once said portion is
developed one (preferably the southern access) of the emergency accesses shall be
converted to a public street access.
1. Business hours of operation in the C -G zoning district are restricted to 6:00 am to 11:00 pm
when adjacent to residential uses unless modified through a conditional use permit, per
UDC 11 -2B -3A.4.
in. Prior to any development occurring in the Overlay District, a floodplain permit application,
including hydraulic and hydrologic analysis is required to be completed and submitted to
the city and approved by the Floodplain Administrator, per MCC 10-6.
n. All lighting proposed on the site shall comply with the standards listed in UDC l 1 -3A -
11C. Light fixtures that have a maximum output of 1,800 lumens or more shall have an
opaque top to prevent uplighting; the bulb shall not be visible and shall have a full cutoff
shield; and shall be placed such that the effective zone of light (as documented by the
photometric test report) shall not trespass on abutting residential properties.
o. With the first phase of development (Norco, depicted on the concept plan as Lot 2), the
developer shall construct S. Silverstone Way north from E. Overland Road as a local
commercial street with a minimum 40 feet of pavement with 3 foot gravel shoulders within
a minimum 60 foot right-of-way for approximately 100 feet, then tapering to a minimum
30 feet of pavement with 3 foot gravel shoulders within a minimum 50 foot right-of-way to
DEVELOPMENT AGREEMENT—EAGLE COMMONS AT OVERLAND MDA H-2015-0024 PAGE 4 of 10
just north of the creek. These improvements shall be complete prior to issuance of the first
Certificate of Occupancy.
p. The developer shall dedicate additional right-of-way along the west property boundary to
widen S. Rackham Way to local street standards with curb, gutter and sidewalk with
subdivision of the property, unless S. Rackham Way is vacated.
q. The developer shall construct a 6 -foot tall fence/wall along the east boundary of the site
adjacent to residential uses with the first phase of development; a fence shall not be
constructed in the floodway in accord with FEMA. regulations.
r. The applicant shall finalize the property boundary adjustment (PBA -14-008) for this
property prior to issuance of the first building permit for this site. One building pen -nit for
Norco is allowed to be issued prior to subdivision of the property.
s. A street light plan will need to be included as part of the development plan submittal.
Street light plan requirements are listed in section 6-5 of the Improvement Standards for
Street Lighting. A copy of the standards can be found at
http://www.iiieridiancit},,,�DIM/pLiblic /public works. asox? i d=272
t. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way, Minimum cover over sewer mains is
three feet, if cover from top of pipe to sub -grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
u. Per Meridian City Code (MCC), the applicant shalt 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.
v. Water modeling will be required prior to development plan submittal to determine the
timing of completing the water main loop through the property fiom the existing I0 -inch
main stub at E. Overland Road and S. Silverstone Way to the existing 16 -inch main
adjacent to S. Rackham Way.
x. The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easement widths shall be 20 -
feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated
via the plat, but rather dedicated outside the plat process using the City of Meridian's
standard forms. The easement shall be graphically depicted on the plat for reference
purposes. Submit an executed easement (on the form available from Public Works), a legal
description prepared by an Idaho Licensed Professional Land Surveyor, which must include
the area of the easement (marked EXHIBIT A) and an 81/2" x l I" map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated
by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing
this document. All easements must be submitted, reviewed, and approved prior to
development plan approval.
DEVELOPMENT AGREEMENT -EAGLE COMMONS AT OvERLAND NIDA H 2O15�0024 PAGE 5 OF 10
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CO 1 DE -ANNEXATION D REVERSAL 1
ZONING DESIGNATION. -
7.1
1
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code § §
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or bythe assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control ofthe party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay,
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
DEVELOPMENT AGREEMENT -EAGLE COMMONS AT OVERLAND NIDA H-2015-0024 PAGE 6 OF 10
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance orpolicy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING-: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFO NCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agrees to
provide, if required by the. City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
James A. Kissler, LLC
1125 W. Amity Road
Boise, ID 83705
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
DEVELOPMENT AGREEMENT -EAGLE COMMONS AT OVERLANDA4DAH-2015-0024 PAGE 7 OF 10
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto aclmowledge and agree that time
is strictly ofthe essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS. This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner/Developer has fiilly performed its obligations under this Agreement.
18, INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expresslyprovided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
DEVELOPIVIENT AGREEMENT - EAGLE COMMONS AT OVERLAND MDA H-20150024 PAGE 8 OF 10
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 ofthe.
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided fora zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the.
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
James A. Kissler, LLC
By:° ..
eol
OE0 AUGUST
oQQ 'mooIERIDL&N
v w
2 City of
IDIAN�-
By:
s� SEAL �� Mayor Ta y de Weerd
ATTES o�yr�R o! the TREPSJ��
City Clerk
Ce)
DEVELOPMENT AGREEMENT—EAGLE COMMONS AT OVERLAND MDA H-2015-0024 PAGE OF 10
STATE OF IDAHO )
ss:
County of Ada, )
a
On this day of , (' 7 , 2016, , efore me,t e undersigned, a Notary Public in and
for said State, personally appeared / ' ;('(� , known or identified to me
to be the P 1,01(1 /_ of James A. Kissler, LLC, and acknowledged to me that he
executed the same on behalf of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SL) KINDEL JO DE LEON
Notary Public Notary Public for da
State of Idaho g���� /
Residin at: r
My Commission Expires. �=
STATE OF IDAHO
ss
County of Ada )
On this I day of A/6 UC''111)N- , 2016, before me, a Notary Public,
personally appeared Tammy de Weerd and3aycee��olma4t3know 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 fist above written.
-__
Notary Public f r Idaho
Residing at: O�l�l A � eal
Commission expires: -�
DEVELOPMENT AGREEMENT EAGLE COMMONS AT OVERLAND MDA H-2015-0024 PAGE 10 OF 10
Quadran
Consulting, Inc.
February 5, 2016
EXHIBIT A
PARCELS A, C, AND D FROM RECORD OF SURVEY #9885 COMBINED
LEGAL DESCRIPTION
A parcel of land being all of parcels A, C, and D as shown on Record of Survey Number 9885, records
of Ada County. Said parcel being situated in a portion of the SW Y4 of the SW '/4 of Section 16,
Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more
particularly described as follows:
Commencing at the Southwest corner of said Section 16, thence North 00°49'23" West 1326.95 feet
along the West line of said Section 16 to the Northwest corner of said SW % of the SW '/4, thence
leaving said West line South 89023'14" East 240.69 feet along the North line of said SW'/4 of the SW
'/4 to a point on the East Right -of -Way line of South Rackham Way, said point being the POINT OF
BEGINNING, thence continuing along said North line
South 89°23'14"
East 1098.71 feet to the Northeast corner of said SW'/ of the SW'/, thence leaving
said North line
South 00°31'36"
East 1263.87 feet along the East line of said SW'/ of the SW'/ to a point on the
North Right -of -Way line of East Overland Road, thence continuing along said North Right -of -Way line
North 88°06'31"
West 108.81 feet, thence
South 46°53'29"
West 15.32 feet, thence leaving said North Right -of -Way line
North 00031'36"
West 295.73 feet, thence
North 16°22'02"
West 138.11 feet, thence
North 80°47'54"
West 122.87 feet, thence
North 76008'54"
West 197.68 feet, thence
North 61'22'54"
West 184.44 feet, thence
North 78°47'54"
West 209.34 feet, thence
South 73°24'06"West 103.96 feet, thence
North 83°56'54"
West 102.65 feet, thence
North 51026'41 "
West 194.47 feet to a point on said East Right -of -Way line of South Rackham Way,
thence
North 08°45'07"
East 562.46 feet along said East Right -of -Way line to the POINT OF BEGINNING.
Said parcel contains 902,186 square feet or 20.712 acres more or less.
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ZENSJF `yG4878 q X
08 FEi3 16
1904 W. Overland Road • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: www.quadrant.cc
Civil Engineering • Surveying
CITY OF MERIDIAN (�
EAN..---.
g1DTFINDINGS OF FACT, CONCLUSIONS OF LAW ,j
AND DECISION & ORDER IDAHO
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 carnrmnt(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Cleric and then a copy served by the 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 - 1 -
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).
1 -5&3F.2).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 678003, 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 -
�-f"' -
By action of the City Council at its regular meeting held on the ?� day o ,
2016.
COUNCIL PRESIDENT KEITH BIRD
VOTED Q�
COUNCIL VICE PRESIDENT JOE BORTON
VOTED -JI -it'
COUNCIL MEMBER ANNE LITTLE ROBERTS
VOTED
COUNCIL MEMBER TY PALMER
VOTED W
COUNCIL MEMBER LUKE CAVENER
VOTED
COUNCIL MEMBER GENESIS MIT -AM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta de Weerd
Attest:
Jaycee W]
City Clerk
LD A iU �.Us
W C*tM1AN*--'
SEPI, ti
TP @
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 -
EXHIBIT A
STAFF REPORT I
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 W. 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 1/4 of Section 16, Township 3N., Range IE.
B. Owner:
James A. Kissler, LLC
1125 W. Amity Road
Boise, ID 83705
C. Applicant:
Jeff Huber, Eagle Commons at Overland, LLC
8385 W. Emerald
Boise, ID 83704
Eagle Commons at Overland — MDA H-2015-0024
EXHIBIT A
D. Representative:
Jeff Huber, White -Leasure Development Company
8385 W. Emerald
Boise, ID 83704
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: November 23 and December 7, 2015
C. Radius notices mailed to properties within 300 feet on: November 19, 2015
D. Applicant posted notice on site by: December 1, 2015
VI. LAND USE
A. Existing Land Use(s): This property consists of rural residential/agricultural land that has not yet been
developed, zoned C -G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant/agricultural land, zoned C -G
West: S. Eagle Road/1-84, zoned C -G
South: Undeveloped land and an ACHD park and ride lot, zoned C -G
East: Residential properties in Jewell Subdivision, zoned Rl in Ada County; and commercial property
(Zamzow's), zoned C -G
C. History of Previous Actions:
In 1995, this property was annexed with a C -G zoning district as part of the development area for
the 1-84 Center, which consisted of 73.5 acres of land (Ord. #719; Langly Associates, Inc.). A
development agreement (DA) was required as a provision of annexation to be entered into prior to
the preliminary plat being approved and required all of the property to develop as a commercial
planned development. A conditional use permit for a planned commercial development was also
approved for a 700,000+/- square foot retail center but has since expired. Note: There is additional
land (52+/- acres) to the north that was part of these applications that is not part of 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
Eagle Commons at Overland — MDA H-2015-0024
EXHIBIT A
area (see Exhibit A.3), The DA was required as a provision of annexation of the property but was never
executed; development of the property as a whole is still tied to the provisions associated with the
annexation. Note: When the property to the north develops, the developer of that property will also be
required to enter into a DA; the provisions of this MDA do not apply to development of thatproperty —
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 -IA -1; however, the property
boundary adjustment (PBA) that received tentative approval in 2014 needs to be finalized to reflect
the current boundary of the site. With finalization of the PBA, staff supports the applicant's request
to be allowed one building permit to construct the building for Norco; prior to issuance of
subsequent building permits, the 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).
Eagle Commons at Overland — MDA H-2015-0024
EXHIBIT A
The site is located near the northeast conger 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 f rture, S. Rackham. Way nlay re -align farther
towards the east in accord with the development agreement in effect for the Overland pillage
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 11-213-3 in accord with the standards listed in UDC 11-313-9C. 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-11 C.
Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top
Eagle Commons at Overland — MDA H-2015-0024
EXHIBIT A
to prevent uplighting; the bulb should not be visible and should have a full cutoff shield; and should be
placed such that the effective zone of light (as documented by the photometric test report) shall not
trespass on abutting residential properties.
Waterways: The Fivemile Creek runs east/west along the southern boundary and across the proposed
driveway via E. Overland Road to the east boundary of this site. The creek shall remain open as a
natural amenity and shall not be piped or otherwise covered and shall be protected during construction.
Fencing along the waterway shall not prevent access to the waterway, unless Council deems fencing
should be required in the interest of public safety in accord with UDC 11 -3A -6B.
Pathways: A 10 -foot wide multi -use pathway is proposed along the north boundary of the Five Mile
Creek in accord with the Pathways Master- Plan; a public pedestrian easement is required to be
submitted to the City, approved by City Council and recorded. Landscaping is required to be installed
on both sides of the pathway in accord with the standards listed in UDC 11 -3B -12C. All pathways
through common areas that are not visible from a public street shall be illuminated with a 4 -foot
tall bollard style or other appropriate lighting source, unless otherwise waived by the Direct, per
UDC 11 -3A -8H.
Minimum five-foot wide pedestrian walkways should be provided internally within the site from the
multi -use pathway connecting to the sidewalk along E. Overland Road to the building entrances with
each phase of development as set forth in UDC 11-3A-19A.4a.
Fencing: Fencing is not depicted on the site plan. Any fencing constructed on the site should comply
with the standards listed in UDC 11-3A-7. Staff recommends a 6 to 8 -foot tall fence/wall is
constructed along the east boundary of the site adjacent to residential uses with the first phase of
development. The applicant should work with the neighbors to determine an appropriate fencing height
and material.
Floodplain: A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any
development occurring in the Overlay District, a floodplain permit application, including hydraulic and
hydrologic analysis is required to be completed and submitted to the city and approved by the
Floodplain 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 ner•v provisions be added to the DA as discussed above.
Staff recommends approval of'the proposed MDA pea° the provisions in Exhibit A.5. and the conceptual
developinentplan included in Exhibit A. 4.
Eagle Commons at Overland — MDA H-2015-0024
EXHIBIT A
X. EXHfBITS
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
Eagle Commons at Overland — MDA H-2015-0024
EXHIBIT A
Exhibit A.1: Vicinity/Zoning Map
Eagle Commons at Overland — MDA H-2015-0024
EXHIBIT A
Exhibit A.2: Previously Approved Conceptual Development Plan
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Eagle Commons at Overland — MDA H-2015-0024 8
EXHIBIT A
Exhibit A.3: Existing Development Agreement Provisions
R. That, as a condition of annexation and the zoning of C-
G, with development under the Planned Commercial Development
standards and guidelines, the Applicant is required to enter into
a development agreement as authorized by 11-2-416 L and 11-2-417
D; that the development agreement shall, address, among other
things, the following:
1. Inclusion into the development, including but not
limited to, the requirements of 11-9-605
a. C, Pedestrian Walkways.
b. G 1, Planting Strips.
c. H, Public Sites and Open Spaces.
d. K. Lineal Open Space Corridors.
e. L, Pedestrian and Hike Path Ways.
f. M, Piping of Ditches
and 11-9-606
a. Bicycle Pathways.
b. Storm drainage. (See Section S. 3. below.)
C. Sidewalks and Pedestrian Walkways.
d. Greenbelt.
e. Pressurized Irrigation.
2. The concerns of the owners of property in Jewell
Subdivision concerning sidewalks, drainages, lighting,
noise, and buffering; that also of concern to the City
is having lights, particularly automobile headlights,
shine into the yards and homes in Jewell Subdivision
and other adjacent homes and measures shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGiLY PAGE - 31
Eagle Commons at Overland — MDA H-2015-0024 9
EXHIBIT A
undertaken prevent this.
3. Payment by the Applicant, or if required, any assigns,
heirs, executors or personal representatives, of any
impact, development, or transfer fees, adopted by the
City, as agreed to by the Applicant in statements by
its representative during the public hearings.
4. Addressing access linkage, screening, and buffering.
5. An impact fee, or fees, for park, police, and fire
services as determined by the City.
6. Appropriate berming and landscaping.
7. Submission and approval of plats for the property.
8. Submission and approval of individual buildings,
drainage, lighting, parking, and other development
plans under the Planned Development guidelines.
9. Harmonizing and integrating the site improvements with
the existing residential development.
10. Establishing a 35 foot landscaped setback and
landscaping the same.
11. Addressing the comments of the Planning Director.
12. The sewer and water requirements.
13. Agreeing that the Meridian Comprehensive Plan is
applicable to the land and any development.
1.4. Traffic plans and access into and out of the
development.
15. Meeting the representations made as part of the
application and hearing process.
16. And any other items deemed necessary by the City Staff,
including design review of all development, and
conditional use processing as required under the
Meridian Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 33
Eagle Commons at Overland — MDA H-2015-0024 10
EXHIBIT A
S. That also as conditions of annexation, the Applicant
shall submit to the City and have approved by the City Council
prior to submitting any plats, conditional use applications, or
building plans, the matters set forth below; it is to be noted
that some of these items below have been dealt with, or partially
dealt with, in the paragraph above but the below paragraph shall
be controlling:
1. A plan, with dates of completion, for buffering all
adjacent residences.
2. A hydrologic study, with dates of completion, for the
area included in the annexation and zoning request.
3. A plan, with dates of completion, for storm water
runoff, dispersement anal/or storage and a drainage plan
designed by a licensed architect or engineer for all
off-street parking areas.
4. A plan, with dates of completion, for location,
drilling and construction of ground water monitoring
wells and well houses, one for each of the fours sides
of the development.
5. Submit a profile of the subsurface soil conditions as
prepared by a soil scientist to be submitted before
submittal of any plats, conditional use applications,
or building plans.
6. Prior to submittal of any plate, conditional use
applications, or building plans, donate to the City of
Meridian a 100, x 100' well site at the proposed site
.and meet all the criteria of the State of Idaho
Department of Water Resources and the City of Meridian.
T. That as a condition of annexation and zoning the
Applicant shall plat the property and submit applications
FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANG4LY PAGE - 33
Eagle Commons at Overland —MDA H-2015-0024 11
EXHIBIT A
therefore to the City, submit conditional use applications for
all development on the property, that all buildings and/or
structures shall be subject to design review, and that Applicant
shall meet all of the comments of the staff of the City.
U. Also, as a condition of annexation and zoning, the
Applicant shall meet all of the requirements of the Ada County
Highway District and the Idaho Department of Transportation.
V. That Section 11-2-417 D of•the Meridian Zoning
Ordinance states that a development agreement should be recorded
in the office of the Ada County Recorder and take effect upon the
adoption of the ordinance annexing and zoning the property, or
prior if agreed to by the owner of the parcel. That it has been
the experience of the City that development agreements are
difficult to enter into prior to the annexation ordinance being
passed; that it is concluded that the development agreement shall
be entered into prior to the preliminary plat being approved.
W. That it is concluded that the annexing and zoning of
the property is in the beat interests of the City of Meridian and
should be enacted.
X. That regarding the conditional use permit request for
retailers, it is concluded that Russell Keithly, a representative
of the Applicant, stated that Applicant desired to develop the
retail center under a commercial planned development; that the
FINDINGS OF FACT AND CONCLuSloNS OF LAW - LANGLy PAGE - 34
Eagle Commons at Overland — MDA H-2015-0024 12
EXHIBIT A
Exhibit AA: Proposed Conceptual Development Plan (dated: December 11, 2015)
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Eagle Commons at Overland —MDA H-2015-0024 13
EXHIBIT A
Exhibit A.5: Proposed Changes to the Development Agreement Provisions
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
1. The subject property shall develop in substantial compliance with the conceptual development
plan included in Exhibit 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 2910 -foot wide street buffer is required along the
future mer 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. Those buffers rs shall
be eonstmete w4h the first phase of deyele,,, ent IfRacicham Way is vacated inthe future, a
street buffer is not required.
A 25 -foot wide landscape buffer shall be provided along the east boundary of the site adjae-er>t
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 , elleet„r st eet is n
required to be eonstfueted by City r^,,nei , 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
Creels 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 he dfivewuy Silverstone Way to the E. Overland Rd./Silverstone Way ifttefseetior
This segment of the pathway, if constructed of concrete within the right-of-way, may be
attached to the curb and will be maintained by ACRD. Landscaping is required to be installed
on each side of the pathway along the creek in accord with the standards listed in UDC 11 -3B -
12C. A public pedestrian easement is required to be submitted to the City, approved by City
Council and recorded for the multi -use pathway along the creek with the fust 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 constriction. 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 comely with
ACHD requirements for the extension of Silverstone Way. rutt,ra S it ,^et stane Way shall be
eonstnaeted to the noAh propetty line -as- a mimmum half of a 4 0 foot loea4 eoffimereial str
12 feet o f pavement on the east side ; a mininidm 50 f ^t ,.; t,t of way. n; ht ^f ,•
SilveFstone
)x shall abut the east mopefty line Additional right of w is required bet
Eagle Commons at Overland — MDA H-2015-0024 14
EXHIBIT A
Overland Road and the oreek to ensufe i3ar-eels -ea-st and west of Silvefstene Way have a-eeess to
thepublie street; ,egos+,.;,,,, improy nts , —qqkeroe ineluding
and/or easements to aeeoramodate
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) vi ^ note on.
the final plat or a separate reeofded a eement. If a separate agreement is feeorded, a eopy 0
stteh shall be submitted with the final plat application for the &-st phase of development (or the
, ior, 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 lotoip -tion is developed one
(preferably the southern access) of the emergency accesses shall be converted to a public street
access.
12. Business hours of operation in the C -G zoning district are restricted to 6:00 am to 11:00 pm
when adjacent to residential uses unless modified through a conditional use permit, per UDC
11 -2B -3A.4.
13. The building pfoposed in phase 2 (Lot 1) depieted on the eoneeptual development plan as
"Major A" shall be-restr4eted to asiigle-stefy in height s proposed by the plie nt to better
,,,-o,.rate ,r,;+h the r esidential properties to the oast
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 -I IC.
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 ,,,.i�rstreet *r,,.,,ugh the site to the rc,.,-h, ,.,, efty b,,,,,,dary for f,tffeex4elis o
with eur-b, gutter and sidewalk in aeeord with AC14D standards, The appReant may deed the-
. . blit of way of the eollector- road to ACHD prior to subdividing the property so the
roadway ean be eonstrueted by the appReant with the first phase of development. Right
of way shall be e)Tanded at the east property boundafy adjaeent to Pafeel #R4 62624 0075 to
provide publie street f+ontage for that par -eel; this will a4low for the &velapment of a
gntic-i�street with a minimum 40 feet of pavement with 3 foot gravel shoulders within a
Eagle Commons at Overland — MDA H-2015-0024 15
EXHIBIT A
minimum 60 foot right-of-way for approximately 100 feet, then tapering to a minimum 30 feet
of pavement with 3 foot gravel shoulders within a minimum 50 foot right-of-way to 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 develop subdivision of the property,unless S. Rackham Way is vacated.
18. The developer shall construct a 6 t" -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 floodwav in accord with FEMA regulations. Tho a plie^r+ should s.^rir ...;+�, +r,o
19. The applicant shall finalize the property boundary adjustment (PBA -14-008) for this property
prior to issuance of the first building pen -nit for this site. One building pen -nit 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.meridialicity.org/public worlcs.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.
Eagle Commons at Overland — MDA H-2015-0024 16
EXHIBIT A
Exhibit A.6: Legal Description of Property Subject to Development Agreement
PARCEL A:
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 3 NORTH,
RANGE 1 EAST, BOISE MERIDIAN, THENCE
SOUTH 89°22'54" EAST, 1332.53 FEETALONG THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 16TOTHE SOUTHEASTCORNER OFTHE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER; THENCE
NORTH 00°31'36" WEST 63.05 FEETTO A POINT ON THE NORTH RIGHT OF WAY OF
OVERLAND ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; ALONG
SAID RIGHT OF WAY THE FOLLOWING: THENCE
NORTH 88°06'31" WEST 108.81 FEETTO A POINT; THENCE
SOUTH 46°53'29" WEST 15.32 FEET TO A POINT, LEAVING SAID RIGHT OF WAY;
THENCE
NORTH 00°31'36" WEST 295.73 FEETTO A POINT; THENCE
NORTH 16"22'02" WEST 138.11 FEETTO A POINT; THENCE
NORTH 80"47'54" WEST 122.87 FEETTO A POINT; THENCE
NORTH 76°08'54" WEST 197.68 FEETTO A POINT; THENCE
NORTH 61°22'54" WEST 112.37 FEET TO A POINT; THENCE
NORTH 00°52'29" WEST 313.28 FEETTO A POINT, THENCE
NORTH 89°23'14" WEST 29.07 FEET TO A POINT; THENCE
NORTH 78°53'32" WEST 561.48 FEET TO A POINT; THENCE
NORTH 08°45"07" EAST 50.04 FEET TO A POINT, THENCE
SOUTH 78°53'32" EAST 553.76 FEET TO A POINT; THENCE
NORTH 00°31'36" WEST 363.60 FEET TO A POINT; THENCE
SOUTH 89°23'14" EAST 599.00 FEETTO THE NORTHEAST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE
SOUTH 0031'36" EAST 1263.87 FEET ALONG THE EAST LINE OF THE SOUTHWEST
Eagle Commons at Overland — MDA H-2015-0024 17
EXHIBIT A
QUARTER OF THE SOUTHWEST QUARTER TO THE REAL POINT OF BEGINNING OF
THIS DESCRIPTION,
PARCEL C:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 3 NORTH,
RANGE 1 EAST, BOISE MERIDIAN, THENCE
NORTH 00°49'23" WEST 1326.95 FEETALONG THE WEST LINE OFTHE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 16 TO THE NORTHWEST
CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE
SOUTH 89°23'14" EAST 240.69 FEET ALONG THE NORTH LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER TO A POINT ON THE EASTERLY RIGHT OF
WAY OF AN UNNAMED ACCESS ROAD; THENCE
SOUTH 08°45'07" WEST 315.37 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE
REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
SOUTH 78°53'32" EAST 561.48 FEET TO A POINT; THENCE
SOUTH 89°23'14" EAST 29.07 FEET TO A POINT, THENCE
SOUTH 00°52'29" EAST 313.28 FEET TO A POINT, THENCE
NORTH 61°22'54" WEST 72.07 FEET TO A POINT; THENCE
NORTH 78°47'54" WEST 209.34 FEET TO A POINT; THENCE
SOUTH 73°24'06" WEST 103.96 FEET TO A POINT, THENCE
NORTH 83°56'54" WEST 102.65 FEET TO A POINT; THENCE
NORTH 51°26'41" WEST 194.47 FEETTO A POINT ON THE EASTERLY RIGHT OF WAY
OF AN UNNAMED ACCESS ROAD; THENCE NORTH 08°45'07° EAST 247.08 FEET
ALONG SAID EASTERLY RIGHT OF WAY TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION.
Eagle Commons at Overland — MDA H-2015-0024 18
EXHIBIT A
PARCEL D:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 3 NORTH,
RANGE 1 EAST, BOISE MERIDIAN; THENCE
NORTH 00°49'23" WEST 1326.95 FEETALONG THE WEST LINE OFTHE SOUTHWEST
QUARTER OFTHE SOUTHWEST QUARTER OF SAID SECTION 16 TO THE NORTHWEST
CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE
SOUTH 89°23'14" EAST 240.69 FEET ALONG THE NORTH LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER TO A POINT ON THE EASTERLY RIGHT OF
WAY OF AN UNNAMED ACCESS ROAD,
THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING
SOUTH 89°23'14" EAST 499.71 FEET ALONG SAID NORTH LINE TO A POINT; THENCE
SOUTH 00°31'36" EAST, 363.60 FEET TO A POINT, THENCE
NORTH 78°53'32" WEST553.76 FEETTO A POINT ON THE EASTERLY RIGHT OF WAY
OF AN UNNAMED ACCESS ROAD; THENCE
NORTH 08°45'07" EAST 265.33 FEET ALONG SAID EASTERLY RIGHT OF WAYTO THE
REAL POINT OF BEGINNING OF THIS DESCRIPTION.
Eagle Commons at Overland — MDA H-2015-0024 19
EXHIBIT A
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Eagle Commons at Overland — MDA H-2015-0024 20
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