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Interstate Wahooz Roaring Springs MDA H-2016-0119ADA COUNTY RECORDER Christopher D. Rich 2017-001444 BOISE IDAHO Pgs=47 LISA BATT 01/06/2017 09:49 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. Black Mor, LLC, and BowDen Properties, LLC THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 18 day of Tex e—t 20 1 � (the "Effective Date"), by and between City of Meridian, a municipal corporation of the State of Idaho ("City"), and Black Mor, LLC, an Idaho limited liability company ("Black Mor"), and BowDen Properties, LLC, an Idaho limited liability company ("BowDen"). Black Mor and BowDen are sometimes individually or collectively referred to herein as "Owner/Developer." A. On May 30, 1997, City and Winston H. Moore and Diane L. Moore, collectively, the original owner/ developer, entered into that certain Development Agreement, recorded on June 5, 1997 as Instrument No. 97044085, official records of Ada County, Idaho (the "Original Development Agreement") on real property more particularly described in the Original Development Agreement. B. Upon recordation of this Agreement, the Original Development Agreement shall be null and void and of no further force or effect for the subject Property, defined below. C. Owner/Developer is currently the sole owner, in law and/or equity, of that certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, attached hereto and made a part hereof, (the "Property"). D. I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that Owner/Developer make a written commitment concerning the use or development of the Property. E. Owner/Developer's predecessor in interest submitted an application for annexation and zoning of the Property, requesting a designation of C -G, (General Retail and Service Commercial District) under City's Unified Development Code (' UDC"). F. City has exercised its statutory authority by the enactment of Section I 1-513-3 of the UDC, which authorizes development agreements upon the annexation and/or re -zoning of land. G. Owner/Developer submitted an application for modification of the Original Development Agreement. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - I H. Owner/Developer made representations at the public hearing before the Meridian City Council, as to how the Property will be developed. I. Owner/Developer deems it to be in Owner/Developer's 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. City requires 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. K. City Council, the 6th day of December, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), attached hereto as Exhibit B and made a part hereof. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. SCHEDULE OF EXHIBITS: The following exhibits are incorporated herein: Exhibit A: Legal Description of the Property Exhibit B: City Council Findings approved December 6, 2016 Exhibit C: Conceptual Development Plan Exhibit D: Signs Plan 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 Black Mor, LLC, whose address is 400 W. Overland Road, Meridian, Idaho 83642, and Bowden Properties, LLC, whose address is 400 W. Overland Road, Meridian, Idaho 83642, collectively, the party that owns and is developing the Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A. 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. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 2 4.1 Uses. The uses allowed pursuant to this Agreement are only those uses listed as permitted, conditional or accessory, including parking, in the approved C -G zone under the UDC in effect as of the Effective Date (the "Uses"), which are generally set forth on: the conceptual development plan, attached hereto as Exhibit C and made a part hereof (the "Conceptual Development Plan"); and the signs substantially similar to the signs depicted on Exhibit D attached hereto and made a part here of (the "Signs Plan"). Notwithstanding anything to the contrary herein or the UDC, outdoor arts, entertainment or recreational facility or facilities may be located within fifty feet (50') of the exterior Property boundary. 4.2 Change in Uses. No change in the Uses specified in this Agreement shall be allowed without modification of this Agreement. All Uses are deemed to be permitted uses and are not subject to the need for a conditional use permit. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 5.1 Development Conditions. Owner/Developer shall develop the Property in accordance with the following special conditions: Development of this Property shall be generally consistent with the Conceptual Development Plan. 2. All future Uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. The hours of operation for the Property are 24 hours per day of the week. 4. Subject to Sections 4.1 and 4.2 regarding Uses, and this Section 5. 1, all future development of the Property shall comply with City of Meridian ordinances in effect at the time of application for development. 5. The landscape buffer along the north property boundary adjacent to Interstate 1-84 shall be twenty (20) feet. The Landscape buffer along the north property boundary adjacent to existing C -G zoned property shall comply with the requirements of the C -G zoning district. The landscape buffer along the east property boundary shall be twenty-five (25) feet. The landscape buffer along Overland road shall be thirty-five (35) feet. 6. Owner/Developer shall comply with the Signs Plan attached as Exhibit D. 7. Owner/Developer shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review in accordance with the standards listed in UDC 11-3A-19 and the guidelines listed in the City of Meridian Architectural Standards Manual, prior to all new construction on the Property. 8. Owner/Developer shall be responsible to obtain a Certificate of Zoning AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 3 Compliance (CZC) permit and administrative design review in accordance with the standards listed in UDC 11-3A-19 and the guidelines listed in the City of Meridian Design Manual, prior to all new construction on the Property. 9. Owner/Developer shall be responsible for all costs associated with sewer and water service installation. 10. Access points to/from the Property are limited to those shown on the Conceptual Development Plan, unless otherwise restricted/approved by ACRD. 11. The landscape buffers (35 feet of landscaping along Overland Road, 25 feet along the east boundary of the proposed expansion, which includes 5 feet of landscape and a 20 -foot gravel road and 20 feet along the I-84 frontage) shall all be installed with the first Certificate of Zoning Compliance approved on Parcel 6 (as indicated by the proposed concept plan). 6. DEFAULT: 6.1 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. 6.2 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. Owner/Developer reserves all rights to contest whether a default has occurred. No provision in this Agreement can be modified or amended without the approval of the City Council after City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment to zoning in force at the time of the proposed modification or amendment. 6.3 Enforcement. 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 by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the performance of the covenants, agreements, conditions, and obligations contained herein. 6.4 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 of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 4 6.5 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. 6. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the adoption of this Agreement by the City Council. 7. SURETY OF PERFORMANCE: City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide. 8. CERTIFICATE OF OCCUPANCY: Owner/Developer agrees that no Certificates of Occupancy will be issued for any building site or parcel until all improvements related thereto, required under this Agreement have been installed, completed, and accepted by City. Owner/Developer may develop each parcel or building site as a separate phase or in phases. 9. ABIDE BY ALL CITY ORDINANCES: Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 10. 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 Avenue Meridian, ID 83642 With a copy to: City Attorney City of Meridian 33 E. Broadway Avenue, Suite 308 Meridian, ID 83642 3I',K 1 . Black Mor, LLC c/o Patrick Morandi 400 W. Overland Road Meridian, ID 83642 BowDen Properties, LLC c/o Patrick Morandi 400 W. Overland Road Meridian, ID 83642 With a copy to: Spink Butler, LLP Attn: JoAnn C. Butler 251 E. Front Street, Suite 200 Boise, ID 83702 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. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 5 11. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 12. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 13. 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 Owner/Developer and 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, determines that Owner/Developer has fully performed Owner/Developer's obligations under this Agreement. 14. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 15. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third parties (including a governmental entity or official) challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceedings. 16. 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. 17. 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, oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 6 IN 'WITNESS WHEREOF, the parties have herein executed this Amended and Restated Development Agreement and made it effective as of the Effective Date. BOWDEN BOWDEN PROPERTIES, LLC, an Idaho limited liability company By: q)c�j Z, M "�1 Patrick E. Morandi, Manager BLACKMOR: BLACK MOR, LLC, an Idaho limited liability company By: P -j c Patrick E. Morandi, Member CITY OF MERIDIAN OR11TE0 ATTEST: Byr— Mayor AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 7 City Clerk STATE OF IDAHO ) ss: County of Ada, ) On this 2t� day of ce.. 20 ( (�, before me, the undersigned, a Notary Public in and for said State, personally appeared Patrick E. Morandi, known or identified to me to be the Manager of BowDen Properties, LLC and acknowledged to me that he executed the same on behalf of said Company. y,�yyerF�6tre % �1'iiiI) %HEREOF, I have hereunto set my hand and affixed my official seal the day and year i�r►'t�iis °°�rti�t'te°€t°skb►1.10 written. i =(SELL) -'�481.V0 y °4 °° 11► STA'I�Q s5: County of Ada, ) No a Public for Idaho ++ LL Residing at: -1A 1 �C+ t (� l0 ti , Q /i 4 My Commission Expires: C - c),3 U On this 2 e day of _ V0e c, S ,-,e , 20f 6 , before me, the undersigned, a Notary Public in and for said State, personally appeared Patrick E. Morandi, known or identified to me to be a Member of BlackMor, LLC and acknowledged to me that he executed the same on behalf of said Company. IN WIN , HEREOF, I have hereunto set my hand and affixed my official seal the day and year in this ce t written. nwle°..1010 %s0 i • • 4 � a1 1e Va (SE)� fdop Notary Public for Idaho Residing at: My Commission Expires: -,3 bpi d I� ��►+°o eee � O *' 111.11/11. 0' STATE" 0i AQF ' for:40 ,� ss County of Ada ) a Ykay &f personally appeared On this of ��0�-n lA , �Tfrbefore me, a Notary Public, p y pp Tammy de Weerd and C.Jay Coles, know 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 W have hereunto set my hand and affixed my official seal the day and year in this certificate first ve wrA60 (SEAL) 0 1 ��.r; Notary Public for Idaho �� ��ErJ, Residing at: W` • `.n �, �; Commission expires: —�—v�– AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 8 PLAT OF' ZH LEGEND INTERSTATE CENTER EXHIBIT A --- - - - Boundary Line A SUBDIVISION InitialPoint, Found 2"06" Galvanized Pipe with R zoning regulations of the City of Meridian, Ada County, Idaho, In effect at the time of issuance of a building permit. Right -of -Way Line CHORD Aluminum Cap, Accepted and Used as Initial Point This subdivision is subject to compliance with the Idaho Code Section CITY OF MERIDIAN, ADA COUNTY, IDAHO 1997 - Section Line 1 Found Brass or Aluminum Cap (as noted) 100 50 0 100 200 300 O N Lot Line r Set 5/8"00" Rebar with Plastic Cap I 270.00 N 44' 46' 23" W - - - - - - - Sanitary Sewer Easement • Set 1/2"x24" Rebar with Plastic Cap --------------- 6. Ten Mile Creek Easement to ITD o Found 5/8"00" Rebar -------- 0 Kennedy Lateral/Irrigation Easement 0 Found Right -of -Way Monument - - - - Public Utilities & Ingress -Egress Easement -- Property Corner, Not Set 140.00' • • • ' ' ' . Shared Access Easement -- Witness Corner, Set 1/2"x24" -- - -- Flood Plain Zone Delineation Line 150.01 Rebar with Plastic Cap 8 14'03'01" Z 0 LO INTERSTATE I VISION TRIANGLE 9 S 89'3335" E 389 48' _ 330.00 84 N OV8'1 20.5 S_85*44*44" o M M 17 a0 , E 459.84 S 85'44'44' E 00- .-am 00 r- Ui 20.00' S 89"33'35" E 384.84' L 189.77' 5 16 Y w 4 899.49 S 45` 13'37" W X000' w.C. N 894623 W l MR. SANDMAN W.C. 2153' J0.00' W.C. L \ c 89'46'23" W 15 a BLOCK 1 I - f1O' *" 0N N 7' 39' 44" 300.00 Q I 1 IRRIGATION EASEMENT CV ___1�-___ 0.00 357.55 336.76 1 j I I 20' SANITARY SEWER EASEMENT FOR THE CITY OF MERIDIAN 12' 43'' 42" UJ N RI 773.71'' � 16 10' 11 15' NAMPA-MERIDIAN IRRIGATION o,ID' R/''A, I r fo' 0. ( I I DISTRICT EASEMENT o, .- N Io'' � C*4 11 II BLOCK 1 Q3 O - I � Il PLAT OF' ZH w INTERSTATE CENTER w NNOTES 1, Building setback dimensions in this subdivision shall conform to the applicable g A SUBDIVISION R R zoning regulations of the City of Meridian, Ada County, Idaho, In effect at the time of issuance of a building permit. A PORTION OF THE SE 1/4, SECTION 13, T.3N., RAW., B.M., CHORD 2. This subdivision is subject to compliance with the Idaho Code Section CITY OF MERIDIAN, ADA COUNTY, IDAHO 1997 20 0'M 3. 31-3805, concerning irrigation water. Access to the subdivision is restricted to the two (2) private roads and the two (2) designated shared driveways (on Lots 25/26 and Lots 27/28, Block 1) 100 50 0 100 200 300 O N l 4. from West Overland Road; otherwise, lot access to West Overland Road is prohibited. The bottom elevation of building footings shall be set a minimum of 12 O I 270.00 N 44' 46' 23" W inches above the highest known seasonal ground water elevation.. �pT g SCALE IN FEET Z 5. A ten (10) foot wide permanent public utilities, drainage, and irrigation ease - ment is designated along the subdivision boundary and along new private SEE DETAIL S 46'46'12" E 34.20 6. road easement, unless otherwise dimensioned. Lots 1, 15 and 16, Block 1 are hereby designated as having a permanent easement for public utilities, street lights, irrigation and drainage over the T r- ten (10) feet adjacent to West Overland Road. This easement shall not 0 N I d th construction of shared hard -surfaced drivewa s and/or walkwa s \� \ r89 N`O ,3 s).4 �66 �.l'�. T 11 w Z Z 5 LJ 11 l i 7 � 9 O I 2 PO II o 00 0 N O I1 Z 10000 ZL.._5' IRRIGATION I EASEMENT I� W IM m CD 00 l r G+�1 M , 0o N 89'46'23" W Z M 326.36' 5000 w.c PUBLIC UTILITIES 4 RECIPROCAL INGRESS -EGRESS EASEMENT 325.48' N 89'46'23" W M00'WC 3 BLOCK 1 326.18' N 89'4623" W Pq r. ZVISION TRIANGLI M NLEDY N 893'46-23" 8 85'' W viLATERAL JOINT EASEMENT FOR SANITARY SEWER TO THE CITY OF MERIDIAN AND FOR IRRIGATION TO THE NAMPA I I MERIDIAN IRRIGATION DISTRICT C�p - 30. 00' W.C. LI - - - -68717_ - 576.36' N 89'46'23" W 215.00' 190.00' W. � 140.00'KING 140.00'SA JO. 00' W.C. .T0.00' WC. 68717' PUBLIC UTILITIES k RECIPROCAL 0.00' WC, INGRESS -EGRESS _ -EASEMENT u .1000' W.L 256.20' vl ON 170,00' LANE 97.17' J0.00' W.c , 0.00' W.C. O ZH w W w w M2540 N 89'46' 23" W I T Q M R . SANDMAN R R R R CHORD _J>� o 23 6►n tn 22 0M 21 0n 20 0'M 25 0 ` QDo I N O N O N O N O I 270.00 N 44' 46' 23" W Z Z Z Z 20.01 Nr- gI 3' 50' 23" 300.00 r- Z0 0 N O 300.00 0 0 001 190.00' 140.00' 140.00' 170.00' N w Z T I N 89'4623" W 151.61 150.01 u W W JI CURVE w W M2540 N 89'46' 23" W I T Q M R . SANDMAN w BLOCK 1 RADIUS w CHORD M I"'' r ° I 24 O M 25 0 ` 2627 2 '' 270.00 M I 270.00 N 44' 46' 23" W NUi 3'49'21" Nr- in 20.01 Nr- 0 3' 50' 23" 300.00 r- Z0 0 O 300.00 0 0 0 o NO 300.00 152.65 N w Z 28' 57' 22" Z 151.61 150.01 z 8 14'03'01" Z 0 LO 73.38 I VISION TRIANGLE 9 90' 00' 00" 330.00 28 o M M 17 a0 J0' 00 r- Ui I KENNEDY'LATE EASEMENT L in SHARED ACCESS FOR LOTS 25/26' Y w 4 899.49 S 45` 13'37" W X000' w.C. N 894623 W l MR. SANDMAN W.C. 15.50 J0.00' W.C. L \ N 89'46'23" W 15 a BLOCK 1 31.42 SUBDIVISION NO. i f4.93 l5 1- 7' 39' 44" 300.00 Q _190.00 1 ----14000_..,__ -% ___1�-___ 0.00 357.55 336.76 170.00 J 12' 43'' 42" o RI 773.71'' � 16 10' 0 R=20' (rYP.) o,ID' R/''A, 1037.17' fo' 0. FULL CONTROL OF ACCESS LINE OF 1-84 prec u e e y y E PROPERTY LINE to Lots 25/26 and Lots 27/28, Block 1. Ct,? 7. A clear vision sight triangle is designated at all street intersections. Within F EXISTING SANITARY SEWER EASEMENT FOR THE this triangle, no obstruction higher than 36 inches above the top of pavement s E CITY OF MERIDIAN, INSTRUMENT NO.. 9049399 will be allowed, including landscaping, berms, fences, walls or shrubs. 8. That portion of any lot lying within the boundary of the three (3) indicated % 160BB RS access n favor of arivate roads is ll t to so l other lots. In the reciprocal leventsof dedication of easementfor roadway vehicular \ \ S the public, each lot owner will cooperate, as needed to effect such dedication. soy 8 9. Lot 16, Lots 25/26 and 27/28, Block 1 are subject to reciprocal cross access 17.75 0, 17.75' 45033'43" E easements at the indicated access points for shared access to West Overland Road. FD. DAMAGED CONCRETE MOUNUMENT 10. Lots 1, 6, 15 and 16, Block 1 are landscape Pots to be owned and maintained OUT Of POSITION, DID NOT USE by the Interstate Center Owner's Association, or Its assigns. W ��\� S 11. Any resubdivision of this plat shall comply with the applicable zoning regulations in effect at the time of the resubdivision. r� 10 ?8, 12. The owner of each lot across which posses an irrigation /drainage ditch or `� Rd+j4 pipe, is responsible for the maintenance thereof unless such responsibility i a \4, \ '� �, assumed by an irrigation/drainage district. 13. All lots located in a flood plain shall comply with the City of Meridian z7A ���'� \ ordinances applicable to flood plains. 14. Lot 8, Block 1 is an irrigation pump station lot to be owned and maintained by the Nampa -Meridian Irrigation District. lop s ��y 13 18 700 A EXISTING EASEMENT %� FOR TEN MILE CREEK 1 /4 CORNER `1597' INSTRUMENT NO. 558566 .��. C 'J 1� -,s FOUND BRASS CAP 0 11 `�� C.P.&F.. NO. 8426283 C8 \ M02'WC N.- J1,0.r W. c. <I p N WQ' (� Vt w 19 N "' lop. X002' Wc. Ci �o n.� d I" w z Nro 12 . „\, � w m Z o *- -, Z 18 \ �\ BLOCK 1 ..,,..`D '' W � � ° W� \ = o _ I m Q r , 337.86' N 1- W J �-- Ei 170.00' CURVE 226,.50' .r CJ M2540 N 89'46' 23" W I T Q M R . SANDMAN _J Q I DELTA RADIUS N 894623 " CHORD TANGENT CHORD BRG ,10.07' W C. in 431.97 256.12 o SUBDIVISION N N 2 90'00'00" 270.00 424.12 381.84 270.00 N 44' 46' 23" W 3' 3'49'21" 300.00 20.01 20.01 10.01 N 01 ' 41' 04" W 4 3' 50' 23" 300.00 20.10 N VI u 5 24' 13'38" 300.00 126.85 0 0 ( 13 29' 09' 16" 300.00 152.65 151.01 w 7 28' 57' 22" o 151.61 150.01 77.46 N 75' 17'42" W 8 14'03'01" 300.00 73.57 73.38 I 9 90' 00' 00" 330.00 28 o M M 17 a0 J0' 333.13' I - �� 11 in 50.00 Y w 4 899.49 S 45` 13'37" W X000' w.C. N 894623 W l MR. SANDMAN Zi 15.50 N o O U a 20.00 31.42 SUBDIVISION NO. i 2 06 Cd 14 7' 39' 44" 300.00 Q I I 20.09 N 03' 36' 16" W I I 300.00' 357.55 336.76 Z J 12' 43'' 42" o 14 95.77 I 3 w 17 21 ' 14' 33" 431.97 M 0 'tO ( ' I -SHARED ACCESS VISION TRIANGLE N I O ( PUBLIC UTILITIES & RECIPROCAL -INGRESS-EGRESS EASEMENT - I FOR LOTS 27 28 / BLOCK 1 Z X0.00 w.c. „ N 89'46 23 nAL POINT W ND ALUMINUM CAP 170.00' 227.17' 30.00 C. , VISION TRIANGLE , 331.1..4 SECTION CORNER R=2o' (r>p) 16 8 330.64 15 20' FOUND BRASS CAP C.P.W. N0. 9018195 20 $ 20;nrvi -.-.- 3 So7 -----.---.----- �-..---- - ---- 1--_--------.- ------ .8 5.0' s329.8469.76WEST OVERLAND ROAD 567.41 330.00 N 89'46'23" W 412.04' 13 18 N 89'46'23" W 1/16 CORNER 1696.99' " L 24 19 .1/4 CORNER CURVE TABLE C.P.&F. NO. 8725205 CURVE DELTA RADIUS ARC CHORD TANGENT CHORD BRG 1 33' 58' 15" 431.97 256.12 252.38 131.95 S 63' 27' 24" E 2 90'00'00" 270.00 424.12 381.84 270.00 N 44' 46' 23" W 3' 3'49'21" 300.00 20.01 20.01 10.01 N 01 ' 41' 04" W 4 3' 50' 23" 300.00 20.10 20.10 10.06 N 05' 30' 56" w 5 24' 13'38" 300.00 126.85 125.91 64.39. N 19' 321 57"W 6 29' 09' 16" 300.00 152.65 151.01 78.02 N 46' 14'24" W 7 28' 57' 22" 300.00 151.61 150.01 77.46 N 75' 17'42" W 8 14'03'01" 300.00 73.57 73.38 36.97 N 82. 44' 53" W 9 90' 00' 00" 330.00 518.36 466.69 330.00 N 44' 46' 23" W 10 44' 24' 55" 20.00 15.50 15.12 8.16 S 67' 33' 56" E 11 ' 178' 49 50 50.00 156.06 99.99 4 899.49 S 45` 13'37" W 12 44' 24' 55" 20.00 15.50 15.12 8.16 N 21 ' 58' 51" W 13 90' 00' 00" 20.00 31.42 28.28 20.00 S 45' 13'37" W' 14 7' 39' 44" 300.00 40.12 40.09 20.09 N 03' 36' 16" W 1`5 68' 17' 15" 300.00' 357.55 336.76 203.45 N 41 `34' 45" W 16 12' 43'' 42" 431.97 95.96 95.77 48.18 S 74' 04' 41 " E 17 21 ' 14' 33" 431.97 160.15 159.24 81.01 S 57' 05' 33" E DETAIL 85' 44' 44" E 55.1 ` ;c LOT 6 N 1 N N 85' 44' 44" W LOT 7 M ih u LOT 8 N 85' 44' 44" W LOT 9 N.T.S. SANITARY RESTRICTIONS S 45.00'7 W SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE TITLE 50, CHAPTER 13, HAVE BEEN 5 i PARTIALLY SATISFIED AND ARE LIFTED FOR LOTS 2, 3, 4, 5, 23 AND 24, BLOCK 1.�,• S SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE TITLE 50, CHAPTER 13, HAVE NOT ' BEEN SATISFIED AND ARE IN FORCE FOR LOTS 7, 9, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, '? 22, 25, 26, 27 AND 28, BLOCK 1. p' NO OWNER SHALL CONSTRUCT ANY BUILDING, DWELLING OR SHEL`I1.R WHICH NECESSITATES 80.36' THE SUPPLYING OF WATER OR SEWAGE FACILITIES EaIZ PERSONS,~ SUCH PREMISES UNTIL SANITARY RESTRICTION REQUIREMENTS ARE SA71$FIED AND LIFTrED 1 LeBY WINSTON H. MOO RE Developer Boise, Idaho BRIGGS ENGINEERING- INC Consulting Engineers Boise, Idaho SHEET 1 OF 2 #950615 \INTR-PLT. MEM 07/10/97 CERTIFICATE OF OWNERS KNOW ALL MEN BY THESE PRESENTS: THAT DESERT WEST PROPERTIES, LLC, A LIMITED LIABILTY COMPANY AND WINSTON H. MOORE AN INDIVIDUAL, DO HEREBY CERTIFY THAT THEY ARE THE OWNERS OF THE REAL PROPERTY AS DESCRIBED BELOW AND IT IS THEIR INTENTION TO INCLUDE SAID REAL PROPERTY IN THIS SUBDIVISION PLAT. THE OWNERS ALSO HEREBY CERTIFY THAT THIS PLAT COMPLIES WITH IDAHO CODE 50-1334, (2). ALL LOTS IN THIS SUBDIVISION WILL RECEIVE DOMESTIC WATER FROM AN EXISTING WATER SYSTEM AND THE CITY OF MERIDIAN HAS AGREED IN WRITING TO SERVE THE LOTS IN THIS SUBDIVISION. A PORTION OF THE SE 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE N 89'46'23" W 412.04 FEET ALONG THE SOUTH LINE OF SAID SECTION 13 TO THE SOUTHWEST CORNER OF MR. SANDMAN SUBDIVISION NO.2; THENCE N 01'0227" E 45.00 FEET TO THE SOUTHWEST CORNER OF LOT 6, BLOCK 1, MR. SANDMAN SUBDIVISION NO.2, THE INITIAL POINT of THIS SUBDIVISION; THENCE S 01'02'27" W 45.00 FEET TO A POINT ON SAID SOUTH SECTION LINE., THENCE N 89'46'23" W 1696.99 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 00'31'11" E 19.24 FEET TO A POINT; THENCE N 01'03'11" E 340.95 FEET TO A POINT; THENCE N 0001337" W 229.32 FEET TO A POINT; THENCE N 00'38'59" E 228.87 FEET TO A POINT; THENCE N 01'19'50" W 21.81 FEET TO A POINT; THENCE N 00'31'11" E 292.20 FEET M A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 84; THENCE S 89'33'35" E 385.48 FEET ALONG SAID RIGHT-OF-WAY TO A POINT; THENCE S 85'44'44" E 459.84 FEET ALONG SAID RIGHT-OF-WAY TO A POINT; THENCE S 46'46`12" E 34.20 FEET TO A POINT; THENCE S 67'45'31" E 350.76 FEET TO A POINT; THENCE S 60'10`33" E 194.73 FEET TO A POINT; THENCE N 45'33'43" E 17.75 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 84; THENCE S 46028'17" E 134.62 FEET ALONG SAID RIGHT-OF-WAY TO A POINT OF CURVATURE; THENCE ALONG SAID RIGHT-OF-WAY ON A CURVE TO THE LEFT 256.12 FEET, SAID CURVE HAVING A RADIUS OF 431.97 FEET, A CENTRAL ANGLE OF 33'58'15", TANGENTS OF 131.95 FEET, AND A CHORD OF 252.38 FEET WHICH BEARS S 6327'24" E TO THE NORTHWEST CORNER OF MR. SANDMAN SUBDIVISION; THENCE S 01'02'27" W 610.94 FEET TO THE IN111AL POINT OF THIS SUBDIVISION, CONTAINING 39.07 ACRES, MORE OR LESS. THE PUBLIC STREETS SHOWN ON THIS PLAT ARE HEREBY DEDICATED TO THE PUBLIC AND THE PRIVATE ROADS AND EASEMENTS INDICATED ON SAID PLAT ARE NOT DEDICATED TO THE PUBLIC, BUT THE RIGHT TO USE SAID PRIVATE ROADS AND EASEMENTS IS HEREBY RESERVED FOR PUBLIC UTILITIES AND FOR ANY OTHER USES AS DESIGNATED HEREON AND NO PERMANENT STRUCTURES ARE TO BE ERECTED WITHIN THE LINES OF SAID PRIVATE ROADS OR EASEMENTS. IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS .0 DAY OF _ 19 DESERT WEST PR ER LLC /40/ RAN L. FULLMER, MANAGING MEMBER ACKNOWLEDGMENTS WWTIIN H. MOORS, AN I IVIDUAL WINSTON H. OGRE STATE OF —WlLk ____- SS COUNTY OFLmf 421a _._____�) ON THIS .�� DAY OF _ 19..11, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED RANDY L. FULLMER, KNOWN TO ME TO BE MANAGING MEMBER OF DESERT WEST PROPERTIES, LLC, A LIMITED LIABILITY COMPANY, WHO SUBSCRIBED SAID COMPANY'S NAME TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SUCH LIMITED LIABILITY COMPANY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND ANDL THE DAY AND YEAR 1N THIS CERTIFICATE FIRST ABOVE WRITTEN. '7)e?-%A; A � _ . _ . J ................ DAWN ANN MITCHELL Notary Public STATE OF UTAH 1100 Comm. EV. Jun. 15, ION urMnn- STATE OF IDAHO )SS COUNTY OF ADA ) NOTARY PUBLI2 FOR _ RESIDING AT 1681 MY COMMISSION EXPIRES: ON THIS a DAY OF� 19. BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED WINSTON H. MOORE, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND ND SEAL THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN{/•I.u,•r,/1��. I AlOrj ►y, m • • ' 40.4,0960, NOTARY PUBLIC FOR IDAHO . • 0. RESIDING AT 661�L', IDAHO cc.lri jMY COMMISSION EXPIRES: r INTERSTATE CENTER APPROVAL OF CITY ENGINEER 1, THE UNDERSIGNED, CITY ENGINEER IN AND FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, HEREBY APPROVE THIS PLAT. CERTIFICATE OF COUNTY SURVEYOR I, THE UNDERSIGNED, PROFESSIONAL LAND SURVEYOR FOR ADA COUNTY, IDAHO, HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT AND FIND THAT IT COMPLIES WITH THE STATE OF IDAHO CODE RELATING TO PLATS AND SURVEYS. .._ . COUNTY SURVEYOR CERTIFICATE OF SURVEY I/- 1, MICHAEL E. MARKS, P.L.S., DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED BY THE STATE OF IDAHO, AND THAT THIS PLAT AS DESCRIBED IN THE CERTIFICATE OF OWNERS AND THE ATTACHED PLAT, WAS DRAWN FROM AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY DIRECT SUPERVISION AND ACCURATELY REPRESENTS THE POINTS PLATTED THEREON; AND IS IN CONFORMITY WITH THE STATE OF IDAHO CODES RELATING TO PLATS, SURVEYS AND THE CORNER PERPETUATION AND FILING ACT, IDAHO CODE 55-1601 THROUGH 55-1612. Ro�AL A A s _ r MICHAEL E. MARKS, L.S. NO. 4998 L E. ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS ACCEPTANCE THE FOREGOING PLAT WAS ACCEPTED AND APRNVED BY THE.EJOARDy ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS ON THE C+� DAY OF [e , 19 a_. Im Y DISTRICT APPROVAL OF CITY COUNCIL �,�► G. 6 on , lr. CITY CLERK IN AND FOR THE CITY OF MERIDIAN, ADA AT A REGULAR MEETING OF THE CITY COUNCIL HELD r 6M _, 1996 THIS PLAT WAS DULY ON THE jAt If 'w DAY OF ACCEPTED AND APPROVED. 00%%1010111100#000 ,,� ��• OF ' ' CITY CLERK CLERK .0000 ' NF409 MERIDIAN, IDAHO CERTIEMATE OF COUNTY TREASURER I, , COUNTY TREASURER IN AND FOR THE COUNTY OF ADA, STATE OF IDAHO, PER THE REQUIREMENTS OF I.C. 50-1308, DO HEREBY CERTIFY THAT ANY AND ALL CURRENT AND/OR DELINQUENT COUNTY PROPERTY TAXES FOR THE PROPERTY INCLUDED IN THIS PROPOSED�,,il HAVE E1 BEEN PAID IN FULL. THIS CERTIFICATION IS VALID FOR THE NEXT TH (�q�) ��p ki COUNTY RECORDERS CERTIFICATE INSTRUMENT NO. L `�✓ T ��� STATE OF IDAHO ) SS COUNTY OF ADA I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED AT THE REQUEST OF 7 T MINUTES PAST % O'CLOCK THIS DAY OF 0 1.9 R 7 . IN MY OFFICE AND WAS DULY RECORDED IN BOOK—TLPF PLATS AT PAGES ? AND 7 . Z a v�h' •—�/ DEPUTYEX-OFFICIO RECORDER SHEET 2 OF 2 #950615 \INTR-BAK. MNM 03/05/96 Exhibit B CITY OF MERIDIAN D T FINDINGS OF FACT, CONCLUSIONS OF LAW E D N. BMJ �--, AND DECISION & ORDER inAwn In the Matter of the Request for a Modification to the Development Agreement for Interstate Center (aka Wahooz/Roaring Springs) for the purpose of incorporating a concept plan; a comprehensive sign package for the overall development; and updating other specific DA provisions. The applicant has also requesting a landscape plan to he approved with the proposed DA modification, by Bowden Properties, LLC & Black Mor, LLC, Case No(s). H-2016-0119 For the City Council Hearing Date of: November 15, 2016 (Findings on December 6, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon, it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11 -784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11 -5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0119 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 15, 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 the provisions in the Staff Report for the hearing date of November 15, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11 -SB -3D). A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved', said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-513-3F). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-513-3F): E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with, the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-652 1, 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 November 15, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0119 -2- By action of the City Council at its regular meeting beld on the day of Pec-emb 2016. COUNCIL PRESIDENT KEITH BIRD VOTED—Y(A COUNCIL VICE PRESIDENT JOE BORTON VOTED—YeA COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Ye4 COUNCIL MEMBER TY PALMER VOTEDf> COUNCIL MEMBER LUKE CAVENER, VOTED Yeg COUNCIL MEM13ER GENESIS MILAM VOTED Ym MAYOR TAMMY de WEERD VOTED (TTR -RR'RAXRR) Copy served upon Applicant, Community Development Depai tment, Public Works Department and City Attorney. C 7k, By: Dated: I City Clerk's Office lu CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER, CASE, NO(S). 11-2016-0119 -3- HEARING DATE: TO: FROM: SUBJECT: EXHIBIT A November 15, 2016 Mayor & City Council Josh Beach Associate City Planner 208-884-5533 Interstate Center (AKA Wahooz/Roaring Springs) — MDA H-2016-0119 1, SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Bowden Properties, LLC and Black Mor, LLC, request a modification to amend the recorded development agreement (DA#97044085) for the purpose of incorporating a concept plan; a comprehensive sign package for the overall development; and updating other specific DA provisions. The applicant has also requesting a landscape plan to be approved with the proposed DA modification. Landscaping improvements are typically reviewed with a development application however; staff recommends the DA address the timing for the improvements. See Section IXAnalysisfor more information. 11. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City -Council heard these items on November 15, 2016, At the public hearing, the Council approved the subject MDA. PP and RZ requests & Summary of City Council Public Hearinn L In favor: Joann Butler 1L In osjtjon: None 11 Commenting: Joann Butler iy- Written testimony: None y� Staff presenting application: Josh Beach A Other staff commenting on application: Bill Parsons, Bill Nary Key issue(s) of Public Tes :1. None Key Issues of Discussion_ by Council: L How late the outdoor events would no 1L The noise ordinance would Votentiaily impact any outdoor event that occurs past 11 P d. Key Council Changes to Staff/Commission Recommendation L NO= III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0119 as presented in the staff report for the hearing date of November 15, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0119 as presented during the hearing on November 15, 2016, for the following reasons: (You should state specific reasons for denial.) Interstate Center — MDA H-2016-0119 EXHIBIT A Continuance I move to continue File Number H-2016-0119 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is generally located near the NW comer of W. Overland Road and S. Meridian Road, in the South V2 of Section 13, Township 3N., Range IW. B. Owner: Bowden Properties, LLC & Black Mor, LLC 400 W. Overland Road Meridian, ID 83642 C. Applicant: Same as Owner D. Representative: Quadrant Consulting, Inc. 1904 W. Overland Road Boise, ID 83705 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: October 17 and November 7, 2016 C. Radius notices mailed to properties within 300 feet, on; October 14, 2016 D. Applicant posted notice on site by: November 5, 2016 VI. LAND USE A. Existing Land Use(s): This property consists of vacant/undeveloped land and developed commercial, land. B. Character of Surrounding Area and Adjacent Land Use, and Zoning: North: Interstate 144 West: Developed commercial property, zoned C2 in Ada County South: Overland Road, developed land, zoned C -G East: Developed Commercial properties, zoned C -G C. History of Previous Actions: In 1997, the property was annexed and zoned, entered into a development agreement (Instrument # 97044085) and platted as Interstate Center. In 1998, a conditional use permit, (CUP -98-100)' was approved for a family water park. In 2006 the property received certificate of zoning compliance (CZC-06-21 1) approval to upgrade Interstate Center — MDA H-2016-0119 EXHIBIT A the lighting throughout the waterpark. In 2009 the property received certificate of zoning compliance and design review (CZC-09-033, DES -09-015) approval for a 61,813 square foot building addition. In 2011 the property received certificate of zoning compliance and design review (CZC-1 1-005, DES -11-002) approval fora 27,522 square foot building expansion. In 2015, a Certificate of Zoning Compliance and Design Review (CZC-15-010, DES -15-009) were approved to add six (6) cabanas and a barbeque area. Also in 2015, a Certificate of Zoning Compliance and Design Review (A-2015-0071) application were approved for a 16,991 square foot building addition to an existing 54,454 square foot structure. VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is to amend the existing Development Agreement (DA) (Instrument No. 97044085,), to allow for a change in the overall development plan for the site, to include a comprehensive sign package and landscape plan. The applicant's request to modify the development agreement (DA) reflects the fact that the original DA is out of date and many of the provisions requested to be removed have been completed with the subdivision improvements and are no longer applicable. The original development agreement was tailored to accommodate a commercial office park. The property has never been used for that purpose, other than the offices used for the existing recreation and entertainment facilities. In the mid- 1990's, the use of the property was left relatively undefined to leave the site open to market demand. Today, the use of the property has been determined and the ownership of the property is consolidated with just two owners, both of whom intend the remaining undeveloped parcels to be used for expansion of the existing recreation/entertaimnent center. With recent expansion of the recreation/entertainment facility (and with the requirement of the existing DA that the developer obtain a conditional use permit prior to the commencement of any building construction or improvement on any lot within the subdivision), abiding by the original Development Agreement has been cumbersome for both City staff and the property owners. The proposed amended and restated development agreement reflects the existing development and City policy. Amending the development agreement will assist the City and the owners to streamline the process for anticipated future expansion of the facility. The proposed conceptual development plan, sign package and landscape plan support the owner's plan to continue to grow the recreation and entertainment center with uses currently allowed in the C -G zoning district. The proposed changes to the DA are as follows: 1. Hours of Operation The proposed hours of operation for the recreation/entertainment facility would be 24 hours each day. The owners open the center many times each year for school groups, church groups, graduation nights and late night "lock -ins," as well as for family reunions and company picnics. The recreation/entertainment center is ideally located along Interstate I- 84 to the north. This location ensures compatibility with adjacent uses during indoor and outdoor entertainment events and for the late night "lock ins" that often continue to 5:00 a.m. Interstate Center — MDA H-2016-0119 EXHIBIT A Because of the location, which is far from residential zones and is well buffered from any residential areas by other commercial uses/properties, operations at the center will be consistent with Meridian's codes designed to protect residential areas. UDC Section 2B - 3A -4 limits the hours of operation for uses next to a residential area. Outdoor speaker systems on site are required to be in compliance with Meridian City Code Section 11 -3A- 13. Staff is supportive of the 24-hour use of the property because the property does not abut a residential use, however UDC 11-4-3-2 states "No outdoor event or activity center shall be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven (11:00) P.M. This proposal does not meet the specific use standards of the UDC as noted above. 2. Conceptual Development Plan/Landscape Plan 3. Signs Setback from the east property boundary is to be used as a 25 -foot access easement (20 -foot gravel drive and 5 -foot landscape buffer) leading from Overland Road to Nampa & Meridian's Lot 8. The Owners would seek staff -level approval of the landscape buffer when the access drive is constructed. Setback along the north property boundary, west of Lot 8, is 20 feet and improved with landscape. This landscaped setback of 20 feet would be continued east of Lot 8 along 1-84 right-of-way. The applicant will need to seek staff -level approval for the landscape buffer when that portion of the property is developed. Because the area east of Lot 8 is subject to various easements (i.e., Nampa & Meridian irrigation easement, Meridian sewer easement and the 10 -Mile Drain), landscape in this area will require a license from Nampa & Meridian and City staff -level approval to ensure there is no landscape interference with the easements' use. To ensure adequate landscape and compatibility with the existing easements, the applicant may need to request future alternative compliance for landscaping. It may be necessary to reduce the landscape buffer width yet increase the density of plantings. Setback further west along the north property boundary abutting existing C -G zoned property will comply with existing C -G zoning setback requirements. As depicted on the Conceptual Development Plan, setback along the west property boundary will continue as developed today: 5 feet for parking areas and 8 feet for outdoor recreation facilities. Setback along the west boundary of the as yet undeveloped Parcel I will comply with the existing C -G zoning setback requirements. As depicted in the Conceptual Development, Plan, the landscape buffer/setback along Overland Road is 35 feet. The landscape in this area would be installed completely along Overland Road, consistent with the enclosed Landscape Plan. Though staff is not in favor of including the specifies of a landscape plan in the DA, staff is in favor of including the timing of installation for the landscape buffers. The landscape buffers (35 feet of landscaping along Overland Road, 25 feet along the east boundary of the proposed expansion, and 20 feet along the 1-84 frontage) shall all be installed with the first Certificate of Zoning Compliance approved on Parcel 6 (as indicated by the proposed concept plan). Staff has reviewed the proposed recreation/entertainment center site sign package. The site sign plan is included as an exhibit to the Amended & Restated Development Agreement for consideration by the City. Interstate Center — MDA H-2016-0119 EXHIBIT A The proposed sign package includes removing three (3) existing signs and constructing five (5) new signs and leaving one (1) existing non -conforming sign on site fora total of six (6) signs for the development. This will require the approval of a sign permit. UDC 11-3D-8 allows for properties within 660 feet of the Interstate 84 freeway right of way to have signs with a maximum of 150 square feet of background area and 40 feet in height. There are three (3) proposed signs that <are within 660 feet of the 1-84 right-of-way. They are signs indicated as 1, 3, and 4 on the sign exhibit (below). The proposal shows an existing non -conforming sign on the site that will remain (indicated as number 2 on the sign exhibit). The sign is 60 feet tall and has 244 square feet of background area. Signs indicated as 3, 4, 5, and 6 on the sign exhibit, meet the requirements of the UDC in regards to height and sign background area. Sign I as indicated on the exhibit below does not meet the requirements of the UDC. UDC 11 -3D-8A. 14. f allows properties that exceed 750 feet of linear freeway frontage to be 50 feet tall instead of 40, and to have 300 square feet of background area instead of 200. One of the proposed signs (as indicated by number I in the sign exhibit) exceeds the 5,0 feet allowed and also exceeds the 300 square feet of background area, with a proposal of 60 feet and 385 square feet respectively. Staff is not in favor of the proposal as it exceeds the allowances of the UDC and would exceed what is allowed for other businesses with similar circumstances. Staff feels that the allowances of the UDC for signs along 1-84 are adequate to meet the needs of the development. Prior to the City Council hearing, the applicant shall provide a revised sign exhibit demonstrating that sign number 1 (as indicated below) meets the requirements of the UDC in regards to height and sign background area. The applicant submitted a copy of the existing DA in strike-out/underline format noting the proposed changes. Staff has included the changes to the document requested by the applicant as amended by staff shown in Exhibit A.2. Staff is supportive of the changes to the DA requested by the applicant as amended by staff in Exhihit A.2. Sign Exhibit Interstate Center — MDA H-2016-0119 EXHIBIT A LIV I 10 *14 1,,11:311M A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Change to the Development Agreement 3. Staff s Recommended Changes to the Proposed DA 4. Proposed Development Plan 5. Proposed Sign Plan Interstate Center — MDA H-2016-0119 EXHIBIT A Exhibit A.1: Vicinity/Zoning Map Vicinity Map o o,T iM� Aft Interstate Center — MDA 11-2016-0119 EXHIBIT A Exhibit A.2: Proposed Changes to the Development Agreement Recording Roguested By and When Recorded Returntt+� SpinkaButter, LLP'' 251 E Front Street, Suite 200 Boise, Idaho 83702 MENDED AND RESTATED DEVELOPMENT AGREEMENT PARTIES: 1. CLty of Meridian 2. Black Maar, LLC, and BowDen Properties, LLC RECITALS_ he sole owner, In law andior' State of Idaho, described in AMENDED AND RESTATED DEVELOPMENT AGREEMENT - I E-kl PkkSW--LWCompere Original DA vs Amended DA (9,-26-1 6).doox Interstate Center MDA H-2016-0119 8 EXHIBIT A G. W-IER648-, the DEVELOPE R -kris wnerlDeveloper submitted an appj , jeati en for —m—odftation of the Original Qeveloj3ment Agreemggt, H. Owner/Develoger made representations at the public shearing before the Meridian PbARkQQ�Councll �as to howtbe P�rort will be de�velo ed. 0 AMENDED AND PESTATED DEVELOPMENT AGREEMENT- 2 E.%1MRSW-DA1Cornparu Ofiginal 0A vs Amended DA 19-26-1 6).dc)cx Interstate Center — MDA H-2016-0119 are EXHIBIT A lag )C W Lots 1 522aW23,tcis ck 1 nc s3-' r^ P99SC14EDULE OF EXHISITS- The AMFNDFD AND RESTATED DEVELOPMENT AGkEEMENT- 3 E.59P1RSW-DA\Compare Otiegirial [lA vs Amended DA (19-26-9$).dotx. Interstate Center MDA H-2016-0119 10' EXHIBIT A following exhibits are incoroorated herein, Exhibit A: LWal Desai tion of the Propert Exhibit B: QW Council Figil Exhibit C: Conceptual Development Man Exhibit D: Signs Plan Exhibit E, LgndscamPlan 3�3 PROPERTY- mL�il and refers tp that cert2in parcel(sl of Property located In the County of Ada. Gfty of Meridianas ibed in Exhibit A. -, l 4. UAO effRMITTED. BY THIS AGREEMENT: This Agreement shall vest the right to developthe 101rooLr_tyance with the terms and conditions of this Agreement. in �gccprcfg 5.1 DSLvelop entCoruditions. Owner(Develo =,shall develop ,the ,Prol2ertv in accordance with the follovving s ped -al conditions: 1. Development of this Property shall be generally consistent with the Conceptual Development Plan. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 4 E.k1Pl,RSW-DA1Compare, Onginal DA vs Amended DA (9-26-1l Interstate Center — MDA H-2016-0119 11 EXHIBIT A 2. The hours of Rpgr_gtionj2r the Property are 24 hours ger day of the week. 7. QWgL/Q_e_velo2er- shall gornply with the Bios Plan attached as Exhibit D. 11. Owner/Develo2gr shall b_eresp_omibJe for all costs associated with sewer and water -!:wvIce installation, 12,,-,- A=ess Points tolfrom the Property are to those shown on the Conceptual, y 9 Develoi2ment Plan, unless other ,wise restn'etedlapp, roved by ACHD: 6, DEFAULT, 6.1 Acts ofDafault. EithervartVs failure tafaitl1fully corngly with all of the terms and ppn-djtjgpM included _i_n_this Agreement shall constitute default under this Agreement. AMENDED AND RESTATED DEVFLOPMENT AGREEMENT - 5 E:Nl KRSW-DAkCumparc- Odgina8 DA vs Amended DA (9-26-16)Aocx Interstate Center — MDA H-2016-0119 12 EXHIBIT A 6.3 Enforcement. This _Agreke meant shall be enforceable in the Fourth Judicial District Court in Ada County by either City 2r OwnerlDeveloper, or by any, successor or successors in title or by the assigns of the parties hereto. Enfgrc ment rnav be soqqhtbyan approorate action at law or anegghijo secure the Performance of the covenants, nCeerngnts, conditions, and obligations contained herein. ,o, 6A Delay. in the event the performance of env covenant to be Derformed hereunder b either Owner/Developer or City Is delayed for causes that tare beyond the reasonable control of the pajjy resyonsitLje kr such performance, which shall sncludq, 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. Waiver. A waiver by Cit 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 valved and shall neither bar any other rights or remedies cif City nor goply to any subsequent default of any such or ether cqvenants and conditions. G. REQUIREMENT E9R RECORDATION: City shall record either a mem2MndLjm of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit orsf of such recording to Owner,10Zyeloj2gLpngr to the third reading of the Meridian Zoning Ordinance in connection kth the adaption of this Agreement by the City Council. 9-8. CERTIFICATE OF OCCUPANCY: Qwner/Develgper agrees that no Certificates of Occupancy will be issued for any building site or use en a let in a phaseparcet until all Subdh4ian 11 e>1n1 been installed, completed, and accepted by#le�sl;�City. Owner/Dave[p�ma ftytjop each Parcel or building site as a seoarate phase or In abases: AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 6 EM MRSWAWCompare Original DA vs Arnandad DA (9-26-16),docx Interstate Center — MDA H-2016-0119 13 EXHIBIT A the various 1 �44e-and-oomork AMENDED AND RESTATED DLAIELOPMEP TAGREEMLNT - 7 1=,,XlPlRSW-DA\Co pare Oripinal DA ws Amended'DA (9-25 16)Aocx Interstate Center — MDA H-2016-0119 14 EXHIBIT A 8 -rk-tQE VR OPERag g Biu . ;Idol®E �`►' ALL C171f it C ihIdAIYC S; Owaaer/Deyr loner agrees to abide byall ordinances of the City of Meridian unless otherwise provided by this Agreement; notice desired 4y the � rt s and/or required by this Agreement shall too' States 4PAMail registered or follows: CITY- 4EPor� DLAN City 8virteercleric City of Meridian 33 €ast. Broadway Avenue Meridian, IC ,-83642 ROMUZZO D BOX #2 0 geiseBlack, Mor. LLC c/o Patrick Marandi 400 W, Overland Roan Merdlan.ID 07-220483642 With a;copy to:, BowDen Pro ernes, LLC C/o Patrick Morandi City Attorney400 W. Overland Road' City of Meridian Meridian. Iii 83642 AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 8 EMMRSW-MCempsre Origins@ DA vs,Ana6r ed DA (9-26-18).durx Interstate Center MDA H-2016-0119 15' a 13 E. Broadway Avenue, Suite 308 Meridian, 10 83642 shall have the EXHIBIT A With a copy_to-, Spink Butler, LLP Attn: JoAnn C. Butler 251 E. Front Street, Suite 200 Boise, ID $3702 its address by delivering to the other party a vwiften notifiGaflon 14--VVTY TO ACT REASONABLY: Unless otherwise exoressly vLovided. each party shall act reasonably in aivina any consent, awroval, or La_kLin_qanv other action under this Agreement. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 9 EAi P\RSW-DA4Compare original DA vs Amended DA (9-26-16),doex Interstate Center — MDA H-2016-0119 16 EXHIBIT A IN WITNESS 1Y -HEREOF the Artie have herein exgout d this Amended and Restated Development Actreament and rrradc it effective as of the Effective Date. NOTE- SIGNATURE BLOCKS, NOTARY BLOCKS AND MEM HAVE DELIBERATELY NOT Bpi RED -LINED AS PART OF THIS COMPARISON DOCUMENT. AMENDED AND RESTATED DEVELOPMENT AGREEMENT -10 Ec1iI�RSW DXComparo Original t)A vs 4mendetl DA (q -2s -i€3).€3 Interstate Center MDA H-2016-0119 17' EXHIBIT A Exhibit A.3: Staffs Recommended Changes to the Proposed DA 4. Uses Permitted By This Agreement: Modify condition 4.1 as follows: 4.1 "The uses allowed pursuant to this agreement are only those uses fisted as permitted, conditional or accessory-,iaehtdffT-paFk+ng, in the approved C -G zont-zoning district qffWep4w-L4)C4n-effee-t-as of the Effective Date (the "Uses"), which are generally set forth on: the conceptual development plan, attached hereto as Exhibit C and made part hereof (the "Conceptual Development Plan"); and the signs substantially similar to the signs depicted on Exhibit D attached hereto and made part hereof (the "Sign Plan!');. APA4he landseape depieted on E*hibit E, attaehed hereto and made paft hereof (the "Landseape Plan"). Notwithstanding anything to the contrary herein or the UDC, outdoor arts, entertainment or recreation facility or facilities may be located within fifty feet (50') of the exterior Property Boundary." 5. Conditions Governing Development of the Property: 5.1 Development Conditions: Owner/Developer shall develop the Property in accordance with the following special conditions: Remove condition 4. This is not applicable. Modify condition 6 as follows: arc ethaek aleiig the west pr-epefty bou*dafy shall be five (5) feet for- pafk4fig and eight (8) feet fef r-eefeationleateftaimnefA f4eilities . 'Sethaek The landscape buffer along the north property boundary adjacent to interstate 1-84 shall be twenty (20)feet. Steele The Landscape buffer along the north property boundary adjacent to the existing C -G zoned property shall comply with the setrequirementsof the C -G zoning district. Setbae-k-The landscape buffer along the east property`boundary shall be twenty-five (25) feet. Setback The landscape buffer along Overland Road shall be thirty-five (35) feet. Remove Condition 8. Landscaping is reviewed with the Certificate of Zoning Compliance. Modify condition 9 as follows: replace "City of Meridian Design Manual with "City of Meridian Architectural Standards Manual." Remove condition 10. This is a duplicate, of condition 9. Add a DA condition as follows: The landscape buffers (35 feet of landscaping along Overland Road, 25 feet along the east boundary of the proposed expansion, and 20 feet along the 1-84 frontage) shall all be installed with the first Certificate of Zonint! Compliance approved on Parcel 6 (as indicated by the proposed concept -plan). Interstate Center — MDA H-2016-0119 18 EXHIBIT A Exhibit A.4: Proposed Development Plan -- e. iP F -o hog FNIMt� c�uaranr TIRO WATER PIM minnixE `arwuro°W - 'p '��;' gMA }' 4: "X I ZGFUnMM18 OSE ili�� PARCR I � I X `l MORE 0-0 # y - . 2ORW0 UE IN n+oss Pool*! k�� a J... 0`,¢gtpNO RM 4F 1 Interstate Center — MDA H-2016-0119 19 Exhibit A.5: Proposed Sign Plan 401 EXHIBIT A 1+ E SETBACKS AT V-D'FROM FRONT 12'•b" FROM SDE & PEAR. TOTAL OVERLAND 10= 1.108 FT Interstate Center — MDA H-2016-0119 20 4�iwss�e Meas Sala uma6or rse tkLL EBY NNid11 YeeK�GI �RLWpPi:+.AJaI wcN'o VIM IPGiY rlA ate,. ffa2i`!�L:S+U k ^y R1ffi iL;PIM" 'OV zFFl6. V() amwl.a � rm ONi6N& E� tar+cll x rnca Axt nA.aoxArsrnxw.wm�a rovre+o NPax+oo: 18r.VloN aisu MKi EXHIBIT A Ex:X'C4n aars•.0 l Plo',JN iC u PFAI:AED c i ` __------------ T _- _. T 661 JjdkL �� n�Y a4Wry5.¢Y: UMFM 200' EXI611NG WAH=DLMAY _ ib-0:'Nkw EHEC:.. 17-0. NEW EMC UO. ry A �3 R bl -8 Interstate Center—MDA H-2016-0119 21 adv lb Al SC.t _ i+tJ.f➢�,iwll YJ• FAS W, CABINETS 216 sfa F 311PPOW. F7 M- 325.215r2- 162AM tXMICAM) rNO I B' SIEEL PISS PRWED & PAVED RACK — NEYIMC 170SQ-1 FLU COLOR MESSAGE CFMFR TWIN PAK )PLA9 MM IMIN, 185X906 k'IATMX CROSS SUPPORTS ME 6'x8° STEEL SQUARE WSW PRMED & WJNTED RACK. R LBS- BD2,2I3;2- 401,107 IBASE) IWO 26' SILIA Pm NaWn & EWN:H3 SUCK TV4 SCiMX FEE?— 985 EXHIBIT A MnNGW*K)QZdAMe 215 SO PI 10 BE RMOAD 7-31 CAWCS-, 10-3' EIA" 199.66 S'- Ff :T.Mr- SA"LF OF NOPOSED SIGN SCNE N16'*I'Ar Interstate Center — MDA H-2016-0119 22 TO BE REK40VED S . rHdwY[.Fb" Fnv Wit`/� .nrwr F xIA� NEIL aer.� lNETdI A .1c9 iRE m'We`OICV510MFF A RYYLr1G 91dNfS'V'rN W Z EOG114N M[IiIpNJ.ID M1F 2-1115 PP1GE d Nw.,a. i qW mow. r.muae....aw a Mal ERIC,* EitC SIMM d ER CR FRF WMWi.g6MYPF:NU NI5 CUFFOM& RJN1FFv iPRFIGYYiWiIXX IOcmi AkM[YA 1. U DF 2-53-15 :Fi1GEd- �!� 10'-O' CABINET H i SAMPLE OF PROPOSED SIGN SCALE'/n'=7'-0" 95-0' slr-a ' Rte'OF G:MNFp VOTM.P.QV 1.E.FACE.PYLON&ITH OP.EN.PNl:GHANNEL,LETIERS 244.52 59. Fl. SCALE 110"— I'-0' Interstate Center — MDA H-2016-0119 23 L OF 244.52 EQ, FT. imem�M1.i�. suEs NFII ElzlC NfFiQ18 EP14'S ptF. wn'+ooi,�rvmi:nawmre CU4lMAFR. 18>nRt1G mad-6�.W.unev. A�ROIAN. � PA9F• EXHIBIT A Interstate Center — MDA H-2016-0119 24 ,4-� `' caeiriEr ISQ, R f N n v ,. E f N n m� ,. 2e 2««0 SAM .000\| ;w� 2y «««\ | , `\§° ©§■® R_ @m | � :�.,�a«\\/ !°� � .\#��§ °' 2�•®§ % »� § \ � � (/�� � � . |/, 1 ;�� 8 § � � R it Z m ■ 11 0 -4 00 21 9 cz og: Ma d?R ?"1 6, N C 0 002 za 351-01 19-8' 49-0' FROM GRADE N 12 2&-8' CL z ca x p 6 02 LZ R co pos A I I 15'-6" oo'z— E)WNdV&­ DISPLAY K � m O 3 z m 0 it, will, +\;§�#o2k}� n .� |r■ k 2 d/| \. \ \ \ � ■ !2 § ! rt cn CL 0 C2 m -0 -n ti MWLI M &-6" CABINET . . .... . ...... . . .. .... ..... 5'-5' EMC 6'-6* CABINET 2'-0" 1 M . .. 41-011 O m m M 0 z I m z 3t RK4 cn CL 0 C2 m -0 -n ti MWLI M Z 1 M 0 62 m m M 0 z I m z SL its 14, al OZ- rn 4k I 705 cn m w im cte IN ON Zi m rn a 25'-0' 40'-0' O.A.H. 15'-0' CABINET i 115'-0" CABINET I � 9— C2 -n W m eSo !0 0 z 115'-0" CABINET I � 9— C2