Swindell Subdivision MDA H-2017-0145ADA COUNTY RECORDER Christopher D. Rich 2018-000750
BOISE IDAHO Pgs=26 BONNIE OBERBILLIG 01/03/2018 01:35 PM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Volante Investments, LLLP, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this day of '\G�n1t4 � � , 201/V, ("ADDENDUM"), by and between City of
Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E.
Broadway Avenue, Meridian, Idaho 83642 and Volante Investments, LLLP,
("OWNER/DEVELOPER"), whose address is 3084 E. Lanark Street, Meridian, ID 83642,
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
Development Agreement for the Property listed in Exhibit "A" attached hereto that was
recorded on May 25, 2016 in the real property records of Ada County as Instrument No.
2016-045074 ("DEVELOPMENT AGREEMENT");
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement, which terms have been approved by the Meridian City Council in
accordance with Idaho Code Section 67-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement;
however the Development Agreement shall be amended as follows:
5, CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
Conceptual building elevations for future structures within this development
shall be generally consistent in design and incorporate some of the same
design elements and construction materials to unify the development.
Elevations should reflect design elements suited for commercial
developments rather than industrial developments (i.e. incorporate
modulation, fenestration, variations in profile, mix of materials, etc.),
ADDENDUM TO DEVELOPMENT AGREEMENT - SWINDELL SUBDIVISION, MDA T 12017-0145 Page 1 of 5
b. The subject property is allowed two (2) building permits prior to
subdivision of the property. Prior to submittal ofthe third building permit, the
subject property shall be subdivided.
c. The existing home and associated outbuildings shall be removed from
the site prior to signature by the City Engineer on the final plat or issuance of
the first building permit, whichever occurs fust.
d. Future development of this site shall substantially comply with the
preliminary plat and site/landscape plan included in Exhibit A of the Staff
Report that is attached to the Findings of Fact and Conclusions attached as
Exhibit `B" and the conditions contained herein.
C. Future development shall comply with the design standards listed in
UDC 11-3A-19 and the City of Meridian Architectural Design Manual,
including but not limited to the following:
i. For lots with frontage on a public sheet, a minimum of forty percent (40%)
of the buildable frontage of the property shall be occupied by building facades
and/or public space. Within mixed use areas, and for large multi -building
developments, buildings may be placed away from roadways if a minimum of
thirty percent (30%) of the buildable fi-ontage is occupied by building facades
and/or public space.
ii. For properties greater than two (2) acres in size, no more than fifty percent
(50%) of the total off street parking area for the site shall be located between
building facades and abutting streets (affects Lots 3 & 4). If parking cannot
comply with this standard, it's required to be screened by beans, landscaping,
walls, architectural elements, or a combination of these elements to produce an
appropriate buffer adjacent to public spaces and roadways.
iii. The design and layout of internal site parking shall avoid long straight
unbroken parking aisles, provide crossing drive aisles for internal circulation at
approximately one hundred fifty foot (150') intervals, or provide parking that is
perpendicular to the building. This applies to the long vertical row of parking
Lot 4.
f. The developer shall provide a 35 -foot wide buffer along the west
boundary of the site adjacent to S. Fignut Way; and a 25 -foot wide buffer
along the southern boundary of Lot 2, Block 1 landscaped with native grasses
and bushes as alternative compliance (A-2016-0072) to UDC 11 -3B -7C.3.
Because of the irrigation and drainage easement that exists along the west
boundary of the site, trees are prohibited within the easement. All buffers may
be constructed at the time of lot development.
g. A cell tower shall not be constructed on this site unless specifically
approved by the City.
No other changes to the provisions of the original Development Agreement are
approved.
ADDENDUM TO DEVELOPMENT AGREEMENT - SWINDELL SUBDIVISION, MDA H 2017-0145 Page 2 of 5
2. That Owner/Developer agrees to abide by all ordinances ofthe City of Meridian and the
Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this Addendum, and the Ordinances of the City of
Meridian as herein provided.
3. This Addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's corporate
authorities and their successors in office. This Addendum shall be binding on the Owner /
Developer of the Property, each subsequent owner and any other person(s) 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 hereon 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 Addendum
if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully
performed its obligations under this Addendum.
4. If any provision of this Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
5. This Addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner/Developer and City relative to the subject matter herein, and
there are no promises, agreements, conditions or under -standing, 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 Second Addendum 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.
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject Property herein
provided for can be modified or amended within the approval of the City
Council after the City has conducted public hearing(s) in accordance with
the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
6. This Addendum shall be effective as of the date herein above written.
7. Except as amended by the Addendum, all terms of the previous Development
Agreement shall remain in full force and effect.
ACKNOWLEDGMENTS
ADDENDUM TO DEVELOPMENT AGREEMENT - SWINDELL SUBDIVISION, MDA H 2017-0145 Page 3 of 5
IN WITNESS WHEREOF, the panties have herein executed this agreement
and made it effective as hereinabove provided,
1 D
of ILI)' '
LH
i ►
ATTEST:
C' Jfy-Colewcity Cleric
CITY OF ME,RIDT.A.N
Mayor Tammy e eid
�QDV, TEDAfjG�ST
G
` City of W
IDIAN4T
IOANo
\� SEAT:
ADDENDUM TO DEVELOPMENT AGREEMENT - SWINDELL SUBDIVISION, MDA H 2017-0145 Page 4 of 5
STATE OF IDAHO
ss:
County of Ada,
On this(rday of 0 before me, the undersigned, a Notary Public in and forsaid
State, personally appeared i4,Vei it tUkgq-i(, knom or identified to me to be theAe-d`
of Volante Investments,LLLP who signed above, and acknowledged to me that he execut d the same on behalf
of said partnership .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
In this certificate fir itten.
(SEAL) ®°'� d
of Public for Idah
Residing at:
4 My Commission Exp res:j- �D
44l'I� i41C� �.4
My Commission Expires:
STATE OF IDAHO
: ss
County of Ada )
On.this .2— day of -t , 20 / D, before me, a Notary Public, personally appeared
Tammy de Weerd and C. Jayles, know or i entified 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 on behalf ofsaid 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 first above written.
, C4�04)je'UQ--
®®� Notary Publi or Idaho
,� ® Residing at:UtvtPw
' a Commission expires: 07 ® I
IPA
ADDENDUM TO DEVELOPMENT AGREEMENT - SWrNDi L SUBDIVISION, MDA H 2017-0115 Page 5 of 5
EXHIBIT .A.
Rezone & Annexation and Zoning Legal Descriptions and Exhibit Maps
P.N. 2436
VYAITE
14n4 Surveying, 11C
315 E. Plnskln Prive Roisc, IP 03716
208.794.6622 Tele.
ANNEXATION DESCRIPTION
July, 6, 2015
A parcel of land located in (lie Southeast 1/4 of Section 18, T.3N., R. I B,, E.M., Ada
County, Idaho, and being more particularly described as Fallows;
Commencing at the Southeast corner of said Section 18, from which the South 1/4 corner
of said Section bears S 8944'18" W, 2649,09 feet,
thence S 89144'18" W along the South boundary of said Section 18 and the centerline of
12-4, overloud ltd., for a distance of 420,31 feet, to the RE, AL POINT On BEGINNING;
thence continuing S 89044'18" W along the South boundary of said Section 18 and the
centerline of L, Overland Rd., for a distance of 201,62 feet;
thence leaving said boundary and centerline N 29°02'44" W for a distance of 639,50 feet
to lho Northeast eornor or Pack 1t Up Subdivision as filed in Book 84 at Page 9360, Acta
County Records;
thence N 68122'27" W along the Northerly boundary of said subdivision for a distance
of 368,85 feel,
thence leaving said Northerly boundary N 00'27'30" 13 for u distance of 297,86 feet to
the South boundary of lite N112 of the N1/2 of (lie S121/4 of the SEI/4 of said Section 18;
thence N 89143'12" E along said South boundary for a distance of 870.99 feet;
thence S 00°4342" E for a distance of 237,09 feet;
thence S 3202317" E for a distance of 310.78 reek;
thence S 4211948" E for a distance or 166,47 foot;
thence S 89128'20" B for a distance or 123,78 reel to a point on East boundary line or
said Section 18;
thence S 00°31'53" W along said East boundary line ror a distance of 106.55 feet;
/t\I'rrijeetsl['ignut(s;xxx)Ihocuntonlsl5wlndol(-Annerposadea l
Swindell Subdivision
thence leaving said boundary l ine S 89"4418" W for a distance of 423.96 foot;
thence S 00015'42" E for a distanco of 264.00 foot 10 (bo REAL POINT d1
BEGINNING;
containing 15.07 acres of land, more or less.
Prepared by: Todd R. Waite P.L.S.
UProjeclsTignul(xxxx)1Dot: union(ASMMott -AnaoxDoso.(too•2
Swindell Subdivision
P.N. 2436
EXHIBIT A
WAITE
lan4 Sclweying,11C
315 k. 04nskin Pilva, boisc,1R 83716
208.794..6622 Tele.
REZONE CG TO CC ZONE
POR
PROPOSED SWINDELL SUBDIVISION
July 15, 2015
A }parcel of land located In the Southeast 1I4 of Section 18, T.3N., R, 113, B.M., Ada
County, Idaho, and being more particularly described as follows:
Commencing at the Southeast corner of said Section 18,
thence N 0013 P53" E along (he East boundary of said Section 18 and the oenterline of S,
Locust Grove Rd., for a.distanco of 370.58 feet to the IDEAL POINT OF BEGINNING;
thence N 89128'20" W for a distance of 123,78 foot;
thence N 42° 19'48" W for a distance of 166,47 feet;
thence N 32°23' 1 T' W for a distance of 9.92 feet;
thence N 88°49'29" E for a distance of 242,52 feet to a point on the centerline of S.
Locust Grove Road;
thence S 00°31'53" W along said centerline for a distance of 137.57 feet to the R13AL
POINT OF BEGINNING;
containing 0.57 acres of land, more or less.
Prepared by; Todd R. Waite P.L.S.
Swindell Subdivision
P.N. 2436
EXH1131T .A.
WAITE
lan4 surveying, 11C
315 F. Panskk) PHY0, Noise, Id 83716
208.794.6622 Tele,
REZONE CG TO CC ZONE ##2
YOR
PROPOSED SWINDELL, SUBDIVISION
July 15, 201 S
A parcel of land located in tine Southeast 114 of Section 18, T.3N,, R. I B,, B.M., Ada
County, Idaho, and being ►nore particularly described as follows:
Conmeneing at the Southeast comer of said Section 18,
thence N 00°31'53" E along the East boundary of said Section 18 and the centerline of S.
Locust Grove Rd., for a distance of 997.01 feet to tine TICAL POINT OF BEGINNING;
thence S 89037'27" W for a distance of 411.18 feet;
thence S 89143112" W for a distance of 870.99 feet;
thence N 00°27'30" B for a distance of 18 1. 13 feet to the centerline of Interstate 84;
thence S 89'34'11 " E along said centerline for a distance of 1282.26 feel to a point oil tite
centerline of S, Locust Grove Road;
thence S 00°3J'53" W along sold centerline for o distance of 164.55 feet to the REAL,
POTNT OF BEGINNING;
containing 5.09 acres of land, more or less,
Prepared by: Todd R, Waite P.L.S,
Swindell Subdivision
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E ID'HATN" r
awl
%®
AND DECISION & ORDER �4
In the Matter of the Request for a Development Agreement Modification to Include a Conceptual
Development Plan and Building Elevations for Swindell Subdivision, by Volante Investments,
LLLP.
Case No(s), H-2017-0145
For the City Council Hearing Date of: December 5, 2017 (Findings on December 12, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 5, 2017, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 5, 2017, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 5,
2017, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 5, 2017, 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 (LC. §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 Cleric 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
FILE NO(S). H-2017-0145 - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 5, 2017, 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 an amendment to the development agreement is hereby approved
per the provisions in the Staff Report for the hearing date of December 5, 2017, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
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.
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.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1, The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of December 5, 2017
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0145 - 2 -
By action of the City Council at its regular meeting held on the day of I)C6&4�
2017.
COUNCIL PRESIDENT KEITH BIRD VOTED,
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER ANNE LI.TTLE ROBERTS VOTED e
COUNCIL MEMBER TY PALMER VOTED *4
COUNCIL MEMBER LUKE CAVENER VOTED Yeo
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
o�Q�ftATEDA0 �
yor Ta y e Weerd
Attest: m x' lAm
SEAL Qa
TRE
C. Tay Colli
City Cleric
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: 0 na luxu— Dated:Q1CrQi��
City Cleric's Office
CITY OF MERIDIAN FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0145 b.61h6e t � �� � V� `���� - 3 -
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
EXHIBIT A
December 5, 2017
Mayor & City Council
Sonya Allen, Associate City Planner
208-884-5533
Swindell Subdivision - MDA H-2017-0145
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Volante Investments, LLLP, requests an amendment to the existing development agreement
(MDA) (Instrument #2016-045074) ,to include a conceptual development plan and building elevations. See
Section LVAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the changes to the development agreement (DA)
recommended by Staff in Exhibit AA contingent upon the applicant submitting conceptual elevations prior
to the hearing that demonstrates consistency in design and incorporation of some of the same design
elements and construction materials between buildings to unify the development. Elevations are required
to reflect design elenients satited_ for commercial developnients rather than industrial developments.
The Meridian City Council heard this item on December 5, 2017, At the public hearing, the Council
proved the subject MDA request
_Summary of City Council Public Hearin:
In favor: Brad Miller, Van Auker Companies
ii. In opposition: None
iii• Commenting: None
iy- Written testimony: Brad Miller, Van Auker Companies
y Staff presenting application: Josh Beach-
A.
Other staff commenting on application: None
b Kev issue(sl of Public Testimony:
None
c,. Key Issues of Discussion by Council:
h None
b fey Council Changes to Staff Recommendatio
is At the request of the applicant and recommendation of approval from Staff, the Council
approved the request to remove condition of approval #5.1(e)(i) which required cross -access
between lots for interconnectiYAy-
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0145 as
presented in the staff report for the hearing date of December 5, 2017, with the following modifications:
(Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2017-0145 as presented during
the hearing on December 5, 2017, for the following reasons: (You should state specific reasons for denial.)
Swindell Subdivision — MDA H-2017-0145
EXHIBIT A
Continuance
I move to continue File Number H-2017-0145 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 off the northwest corner of S. Locust Grove Road and E. Overland Road,
in the southeast'/4 of Section 18, Township 3N., Range IE.
B. Owner:
Volatile Investmetns, LLLP
3084 E. Lanark Street
Meridian, ID 83642
C. Applicant:
Brad Miller, Van Auker Companies
3084 E. Lanark Street
Meridian, ID 83642
D. Representative:
Same as Applicant
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 17, 2017
C. Radius notices mailed to properties within 300 feet on: November 13, 2017
D. Applicant posted notice on site by: November 21, 2017
VI. LAND USE
A. Existing Land Use(s): This property consists of land that is currently in the development process.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Interstate 84, zoned C -G and RUT in Ada County
South: Maverik convenience store/fuel facility and vacant/undeveloped land, zoned C -C; and E.
Overland Road & single-family residences across E. Overland Road, zoned R-4
East: S. Locust Grove Road and vacant/undeveloped industrial & commercial land, zoned I -L and C -G
West: Church, zoned L -O; vacant/undeveloped land, zoned C -G; a daycare facility, zoned C -G; and an
ACHD retention pond, zoned RUT in Ada County
C. History of Previous Actions:
In 2016, annexation and zoning (AZ -15-010) of 15.07 acres of land with a C -C zoning district;
rezone (R-Z-15-011)of 0.57 of an acre and 5.09 acres of land from the C -G to the C -C zoning
district; and preliminary plat (PP -15-013) consisting of 7 building lots, 1 common lot and 1 other
lot on 20.03 acres of land for Swindell Subdivision was approved. A development agreement
Swindell Subdivision MDA H-2017-0145
EXHIBIT A
(Instrument #2016-045074, Swindell Subdivision) was approved as a provision of annexation.
Alternative Compliance (A-2016-0072) was also approved to UDC 11 -3B -7C.3.
A final plat (H-2016-0109) consisting of 7 building lots, 1 common lot and 1 other lot on 20.03
acres of land in the C -C and C -G zoning districts was approved in 2016.
VII. ANALYSIS
The applicant requests an amendment to the Development Agreement (DA) (Instrument #2016-045074)
to include a conceptual development plan and building elevations for the overall development as
required by the current agreement.
The applicant anticipates offices, a family entertainment use (Vertical View) and flex space (i.e.
office/warehouse) uses developing on the site, which qualify toward the variety of uses required in
mixed use designated areas such as this.
When the property was annexed, a conceptual development plan was not submitted for the site; only
conceptual building elevations were submitted. Therefore, the City Council required a conceptual
development plan for the overall development to be submitted and approved through a DA modification
prior to any development occurring on the site. The plan was required to demonstrate consistency with
the Mixed Use — Community designation per the Comprehensive Plan and include at least 3 land use
types; a residential component was not required.
Development of the site is required to comply with the structure and site design standards listed in the
UDC (11-3A-19), including but not limited to the following:
Extend or improve streets, drive aisles, cross access easements or similar vehicular and
pedestrian connections provided from adjacent properties. All lots should have interconnectivity
via cross -access easements.
For lots with frontage on a public street, a minimum of forty percent (40%) of the buildable
frontage of the property shall be occupied by building facades and/or public space. Within
mixed use areas and for large multi-buildingdevelopments, buildings may be placed away
from roadways if a minimum of thirty percent (30%) of the buildable frontage is occupied by
building facades and/or public space.
For properties greater than two (2) acres in size, no more than fifty percent50%o of the total
off street parking area for the site shall be located between building facades and abutting streets
(affects Lots 3 & 4). Ifparking cannot comply with this standard, it's required to be screened
by bermes, landscaping, walls, architectural elements, or a combination of these elements to
produce an appropriate buffer adjacent to public spaces and roadways.
The design and layout of internal site parking shall avoid long straight unbroken parking aisles,
provide crossing drive aisles for internal circulation at approximately one hundred fifty foot
(150') intervals, or provide parking that is perpendicular to the building. This applies to the long
vertical row of parking Lot 4.
The concept plan does not reflect compliance with the items noted above; future development
applications will be required to comply with these standards.
Conceptual building elevations were also required to be submitted for future structures within the
development that are consistent in design and incorporate some of the same design elements and
construction materials to unify the development. Elevations were required to reflect design elements
suited for commercial developments rather than industrial developments (i.e. incorporate modulation,
fenestration, variations in profile, mix of materials, etc.).
Conceptual architectural drawings were submitted for the family entertainment and the
Swindell Subdivision — MDA H-2017-0145
EXHIBIT A
office/warehouse use; sample photos of other buildings were also included (see Exhibit A.3). The
design elements and construction materials are all very different and do not incorporate a common
theme and/or material(s) as required. Additionally, a couple of the large structures are very
industrial in appearance and are not suited for a commercial development such as this and are
not approved. ALL future structures are required to comply with the design standards in the
Architectural Standards Manual; inclusion of the proposed elevations in the DA as examples of
future buildings to be constructed within the development does not constitute approval of such.
Staff has discussed the lack of incorporation of a common theme and/or material(s) in the
building elevations for the overall development with the applicant. The applicant intends to
submit elevations and/or design standards for the development that do comply with this
requirement prior to the Council hearing. Therefore, staff does not recommend approval of the
concept elevations included in Exhibit A.3 for inclusion in the DA. If the applicant submits
concept elevations prior to the Council hearing that are deemed to comply with this requirement,
staff recommends they be included in the amendment and approved; if not, staff recommends the
application is continued to a later date in order for the applicant to comply with this requirement.
Staff recommends approval of the proposed concept plan with the changes noted above and included in
strike-out/underline format in Exhibit A. 4. Further, staff will provide a recormrnendation at the hearing
in regard to the conceptual building elevations to be included in the DA, which the applicant intends to
submit prior to the hearing.
VIII. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Conceptual Development Plan (dated: 9/14/17)
3. Proposed Conceptual Building Elevations —NOT APPROVED
4. Current & Proposed Development Agreement Provisions
Swindell Subdivision — MDA H-2017-0145
EXHIBIT A
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Exhibit A.1: Vicinity/Zoning Map
Meridian City Council Meeting Agenda January 2, 2018 – Page 200 of 559
EXHIBIT A
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Exhibit A.2: Proposed Conceptual Development Plan (dated: 9/14/17)
Meridian City Council Meeting Agenda January 2, 2018 – Page 201 of 559
EXHIBIT A
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Exhibit A.3: Proposed Conceptual Building Elevations – NOT APPROVED
Meridian City Council Meeting Agenda January 2, 2018 – Page 202 of 559
EXHIBIT A
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NOT APPROVED
Meridian City Council Meeting Agenda January 2, 2018 – Page 203 of 559
EXHIBIT A
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NOT APPROVED
Meridian City Council Meeting Agenda January 2, 2018 – Page 204 of 559
EXHIBIT A
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Meridian City Council Meeting Agenda January 2, 2018 – Page 205 of 559
EXHIBIT A
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VERTICAL VIEW ELEVATIONS
Meridian City Council Meeting Agenda January 2, 2018 – Page 206 of 559
EXHIBIT A
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Meridian City Council Meeting Agenda January 2, 2018 – Page 207 of 559
EXHIBIT A
Exhibit AA: Current & Proposed Development Agreement Provisions
Staff's recommended changes in strilze-out/underline format
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
Conceptual building elevations for future structures within this development shall be
generally consistent in design and incorporate some of the same design elements and
construction materials to unify the development. Elevations should reflect design
elements suited for commercial developments rather than industrial developments (i.e.
incorporate modulation, fenestration, variations in profile, mix of materials, etc.).
b. The subject property is allowed two (2) building permits prior to subdivision of the
property. Prior to submittal of the third building permit, the subject property shall be
subdivided.
c. The existing home and associated outbuildings shall be removed from the site prior to
signature by the City Engineer on the final plat or issuance of the first building pennit,
whichever occurs first.
d. Future development of this site shall substantially comply with the preliminary plat and
site/landscape plan included in Exhibit A of the Staff Report that is attached to the
Findings of Fact and Conclusions attached as Exhibit "B" and the conditions contained
herein.
Future development shall comply with the design standards listed in UDC 11-3A-19
and the City of Meridian Architectural Design Manual..-, including but not limited to the
following:
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ii. For lots with frontage on a public street, a minimum of forty_percent 40%) of the buildable
frontage of the property shall be occupied by building facades and/or public space. Within
mixed use areas, and for large multi -building_ developments, buildings may be placed away
from roadways if a minimum of thirty percent (30%) of the buildable frontage is occupied
by building facades and/or public space.
iii. For properties greater than two (2) acres in size, no more than fifty percent 50%) of the
total off sheet parking area for the site shall be located between building facades and
abutting streets (affects Lots 3 & 4). If parking cannot coinply with. this standard, it's
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EXHIBIT A
required to be screened by beans landscaping, walls, architectural elements, or a
combination of these elements to produce an appropriate buffer adjacent to public spaces
and roadway
iv. The design and layout of internal site parking shall avoid long straight unbroken parking
aisles provide crossing drive aisles for internal circulation at approximately one hundred
tilt foot 150) intervals or provide parkin t�perpendicular to the building. This
applies to the lotig vertical row of parldng Lot 4.
f. The developer shall provide a 35 -foot wide buffer along the west boundary of the site
adjacent to S. Fignut Way; and a 25 -foot wide buffer along the southern boundary of
Lot 2, Block 1 landscaped with native grasses and bushes as alternative compliance (A-
2016-0072) to UDC 11-313-7C.3. Because of the irrigation and drainage easement that
exists along the west boundary of the site, trees are prohibited within the easement. All
buffers may be constructed at the time of lot development.
g. A cell tower shall not be constructed on this site unless specifically approved by the
City.
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