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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. r1l �`1 I.q/UQ 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 -74 to B.M DATA UAW IF 'Mot to 0SIX AT'llt 1,4104 V., all- 10TAL FWA. V. 111"11 "Owl t4lf.. v I.MM M 1-84 CENTER S.IT-E PLAN_ ,;OVERLAND ROAD �.10" W. 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) 0 �7 LOT 1 Ca l,IfWOR A 'J o � LOT 2 85,000 S.F. '} s Q Q SINGLE STORY w LOT 3 ^` V H 0 Pstaga{v: s�'� 5 1Hi snx.5 � �d3Zr J� ��:. — ��y CCI i--1 •�r-y1 V t' 1 U _ - bA RoIJ if;835 2533 � to, Wid 441n. Setback w From Buffer �-+ E C: erm 4518 Pnrct 51�11fi133620 Pmai 5111633512��'� 51.761 s& � � � � n n E or�L lazaocf � da' obe �f �w9 oyCC P51q Pard 'iunLS� S m � F v 5 s31>63�x-u1 J?[v : w a w tY ifc"3 Overland Road OVERALLSITE PLAN S rM1a,nu pun�smw;erdw�:el r>nw�ertiPms<, Y. rr,� �5m o�a�ol wi masa rr..miearr,.lr�hwul o crnma4 n e�7stin NY Ar(clePma%. iM laido+l rucrvca en rg1tU m9,e Ne $3 p`.nl -'uihq Fxs r.G Em: 1 b Na cs5)ua@rn, :q+�xm lms�e aM Gee I:ralY� cisu35, paAtgsxhs arts e»-xtt[. 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 For WhCo Foods, LLC CP -ti VAIR Eagle Commons at Overland — MDA H-2015-0024 20 zi