Victory Commons (H-2019-0091)ADA COUNTY RECORDER Phil McGrane 2019-119405
BOISE IDAHO Pgs=29 NIKOLA OLSON 11/27/2019 11:45 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES. 1. City of Meridian
2. Kuna Victory, LLC, Owner
3. BVA Development, LLC Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this f g day of A*dkr , 2019, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Kana Victory, LLC, whose address is 901 Pier view Drive, Suite#201,
Idaho Falls, Idaho 83402, hereinafter called OWNER and BVA Development, LLC, whose address
is 2775 W. Navigator Dr., Suite 220, Meridian, Idaho 83642, hereinafter called DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A", which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes
development agreements upon the annexation and/or re -zoning of land; and
1.4 WHEREAS, Owner and/or Developer has submitted an application for
Modification to an existing Development Agreement, recorded in Ada County
as Instrument # 104153422 and an Addendum to Development Agreement as
Instrument # 106155843 modifying such prior agreements as they relate to the
property described in the attached Exhibit "A" and as subject to this
Agreement; and
1.5 WHEREAS, Owner/Developer made representations at the public hearing
before the Meridian City Council, as to how the Property will be developed
and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for the Modification of
Development Agreement on the Property held before the City Council,
DEVELOPMENT AGREEMENT— VICTORY COMMONS (H-2019-0091) PAGE 1 OF 9
Meridian City Council Meeting Agenda November 26, 2019 — Page 176 of 352
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Kuna Victory, LLC, an Idaho
limited liability company
By: BV Management Services nc., an Idaho
corporation, the Exec �1Qanager
By:
Cortney Liddiard, Pr sident
Date:
DEVELOPER:
BVA Development, LLC, an Idaho
limited liability company
By: BV Management Services, Inc., an Idaho
corporation, the Ex rtive Manager
B}
Cortney Liddiard, P • sident
Date:
CITY OF MERIDIAN
By:
Mayor y de Weerd
ATTEST:
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DEVELOPMENT AGREEMENT- VICTORY COMMONS (H-2019-0091 PAGE 8 OF 9
STATE OF IDAHO )
/ ss:
County of
On this /9 "'04 day of 2019, before me W Gillis , a Notary Public in and for said
State, personally appeared known or identified to me to be the p of BV Management
Services, Inc., the Idaho corporation that is the Executive Manager of Kuna Victory, LLC, the Idaho limited liability
company that executed the within instrument or the person who executed the instrument on behalf of said limited liability
company, and acknowledged to me that such limited liability company 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.
(SEAL) JEDD K JONES
COMMISSION NO. 20181559 tary Public r1m,
o
NOTARY PUBLIC Residing at:eSTATEOF IDAHOG
MY COMMISSION EXPIRES 8124/24 My Commission Expires:
STATE OF IDAHO
/ ss:
County of
On this. day of1,.,0�." r , 2019, before me je'a c6e_1 > a Notary Public in and for said
State, personally appeared ci , known or identified to me to be the de 7� of BV Management
Services, Inc., the Idaho corporat' n that is the Executive Manager of BVA Development, LLC, the Idaho limited liability
company that executed the within instrument or the person who executed the instrument on behalf of said limited liability
company, and acknowledged to me that such limited liability company 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.
(SEAL)-"'.`
JEDD K JONES
COMMISSION NO. 20181559
J NOTARY PUBLIC
STATE OF IDAHO
t MY !'•- ?t.4MISSION EXPIRES 8/24/24
-..- . r w
STATE OF IDAHO )
: ss
N ary Public fQfIdaho
Residing at: ffio&"& CD
My Commission Expires:
County of Ada n, )
On this (app day of November, 2019, before me, a Notary Public, personally appeared
Tammy de Weerd and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City
of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
CHARLENE WAY
COMMISSION 467390
NOTARY PUBLIC
STATE OF IDAHO
COMMISSION EXPIRES"3128/22
O)M'AfnyC
Notary Public for Idaho
Residing at: Yl�
Commission expires
PAGE 9 OF 9
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0091 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Development Agreement Modification for the Purpose of
Removing the 16.74 Acre Property from the Boundary of the Two Previous DA’s (Instrument
No(s). 104153422 and 106155843), Modifying Ownership Information, Including New Provisions
and a New Concept Plan, by BVA Development, LLC.
Case No(s). H-2019-0091
For the City Council Hearing Date of: October 15, and 22, 2019 (Findings on November 6, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 15, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 15, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 15,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 15, 2019, 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.
Meridian City Council Meeting Agenda November 6, 2019 – Page 245 of 610
EXHIBIT B
Meridian City Council Meeting Agenda November 26, 2019 – Page 185 of 352
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0091 - 2 -
7. That this approval is subject to the new proposed provisions all in the attached Staff Report for
the hearing date of October 15, 2019, incorporated by reference. These provisions are concluded
to be reasonable and the applicant shall meet such requirements 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 existing Development Agreement is hereby
approved per the provisions in the Staff Report for the hearing date of October 15, 2019,
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 October 15, 2019
Meridian City Council Meeting Agenda November 6, 2019 – Page 246 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 186 of 352
441
By action of the City Council at its regular meeting held on the (, day of f1'1vJ
2019.
COUNCIL PRESIDENT JOE BORTON VOTED /
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
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Mayor Tammy eer
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: t`- L - l I
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0091 - 3 -
Meridian City Council Meeting Agenda November 26, 2019 – Page 187 of 352
EXHIBIT A
Page 1
HEARING
DATE:
10/15/2019
TO: Mayor and City Council
FROM: Kevin Holmes, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0091
Victory Commons MDA
LOCATION: 130 E. Victory Rd. and 3030 S. Meridian
Rd., in the SW ¼ of Section 19,
Township 3N., Range 1E
I. PROJECT DESCRIPTION
Request to modify the terms of the existing development agreement (instrument #106155843 &
104153422) for the purpose of updating ownership information and boundaries of the subject
properties subject to the new terms, modifying and adding new provisions, and including a new
conceptual site plan.
II. SUMMARY OF REPORT
A. Project Summary
III. APPLICANT INFORMATION
A. Applicant/Representative:
BVA Development, LLC
2775 W. Navigator Dr., Suite 220
Meridian, ID 83642
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details
Acreage 16.74
Current Zoning C-G
Neighborhood meeting date; # of
attendees:
7/30/2019; 4 attendees
History (previous approvals) AZ-03-038; PFP-03-007; CUP-03-071; MI-06-005; DA
inst. # 104153422 and addendum inst. # 106155843
Meridian City Council Meeting Agenda November 6, 2019 – Page 248 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 188 of 352
Page 2
B. Owner:
Kuna Victory, LLC
901 Pier View Drive, Suite #201
Idaho Falls, ID 83402
IV. NOTICING
City Council
Posting Date
Newspaper Notification 9/27/2019
Radius notification mailed to properties
within 300 feet 9/24/2019
Public hearing notice sign posted 9/13/2019
Nextdoor posting 9/24/2019
V. STAFF ANALYSIS
The applicant has applied for a development agreement modification (MDA) for the subject 16.74
acre property (parcels R5915720012 and R5915720020) from the existing development agreement
and addendum (Inst. No. 106155843 & 104153422). These previous agreements were recorded in
2004 and 2006, respectively. The applicant is proposing to update the ownership and boundaries of
the properties subject to the amended DA, modify and add new provisions and include a new
conceptual site plan. Currently, the existing DAs governs a larger area owned by separate entities than
the applicant’s property. Modifying the existing DA for the subject property will facilitate the
development of the property without obtaining consent from multiple owners. The applicant is
requesting Council approval of a new site plan for the properties (Exhibit D) and the specific removal
of the following building design and size requirements included with the addendum to the current
DA:
1. Principally permitted uses on the subject property shall be allowed without Conditional Use
Permit approval, provided all future buildings have: sloped metal roofs with overhanging
eaves that are supported by posts; are oriented toward the public street (Front door facing
street); siding visible from the street containing at least a three-foot tall wainscoting
constructed of stone, brick, or other similar materials; that each building will provide a
variety of building materials and colors; and each building is generally consistent with the
nine pictures submitted with MI-06-005 (attached to this addendum), as determined by the
Planning Director. If a future proposed building is not consistent with the above-mentioned
provisions, then the building and use shall be required to obtain Conditional Use Permit
approval prior to construction and operation.
2. Future construction on the subject site shall be generally consistent with the Master Site Plan
submitted with MI-06-005 (Exhibit C), as determined by the Planning Director. All buildings
with frontage on Victory Road or Meridian Road will be limited to a maximum 11,000 square
foot building footprint and no building on this site shall have a building footprint larger than
20,000 square feet. If a future proposed building is not consistent with the Master Site Plan,
then the building shall be required to obtain Conditional Use Permit approval.
The site plan and building designs submitted by the applicant do not comply with these two above
requirements and would require Conditional Use Permits for each building on the site. Staff is
Meridian City Council Meeting Agenda November 6, 2019 – Page 249 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 189 of 352
Page 3
recommending they be removed from the agreement and replaced with the conditions listed in
Section VIII below.
In order to maintain the cohesive character of the development envisioned by the original DA,
staff is recommending that some shared design features be included in all new buildings on the
site. All new buildings should include architectural features such as faux wood and metal panel
accents and extra fenestration/windows. In addition, staff is recommending that all new
buildings comply with the commercial standards of the Architectural Standards Manual.
Staff has reviewed the proposed site plan and uses and found it to be in general compliance with
Meridian City Code. The proposed site plan has fewer buildings, and with larger footprints, than what
is currently shown in the existing DA. The applicant is proposing three of these larger buildings be
multi-tenant flex space, a principally permitted use in the C-G zoning district in Table 11-2B-2. The
three other buildings are proposed to be a mix of office, retail, and healthcare services. These uses are
also all principally permitted in the current zoning.
The proposed site plan moves the access drive to S. Meridian Rd. / SH-69 approximately 300 feet
south of its current location. ITD has given their approval for this location as a right-in/right-out
restricted access (see Exhibit F). UDC 11-3H-4B restricts the establishment of new approaches on
SH-69 unless approved by Council at the recommendation of the Idaho Transportation Department.
Since ITD has given their tentative approval (Exhibit F) and the access shall be limited to a right-
in/right-out only, staff is supportive of the relocation of this access point. Council approval is
needed for the location of this approach as shown on the site plan (Exhibit D).
The existing plat of Mussell Corner Subdivision established a cross access easement agreement
throughout the subdivision, recorded under instrument number 105085931. Staff recommends that
with any future subdivision the cross access locations between the subject properties and Lots 2 & 3,
Block 1 of Mussell Corner Subdivision be retained. In addition, all newly created lots shall have cross
access granted between them to facilitate site integration. Staff is also recommending that the existing
cross access agreement in place with Jacks Place Sub to the north be retained. At this point in time,
there is a daycare which limits the utilization of this agreement but it is in the interest of the City to
maintain the option should the site redevelop in the future.
To ensure the site develops as proposed, staff recommends replacing sections 4, 5, and 6 of the
existing DA and Addendum (Inst. Nos. 104153422 & 106155843), with new provisions. Staff has
included the DA provisions that should be incorporated in the new DA, included in Section VIII
below.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the provisions in Section VIII.
B. Council:
The Meridian City Council heard this item on October 15, and 22, 2019. At the public hearing,
the Council moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Geoffrey Wardle and Roberta Stewart
b. In opposition: None
c. Commenting: Randy Lasher, Joel and Denise White, Jilene Arnold and Bret Hormuth
Meridian City Council Meeting Agenda November 6, 2019 – Page 250 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 190 of 352
Page 4
d. Written testimony: Randy Lasher
e. Staff presenting application: Kevin Holmes and Bill Parsons
f. Other Staff commenting on application: Bill Nary and Joe Bongiorno
2. Key issue(s) of public testimony:
a.
b.
c.
d.
e.
f.
g.
Height and design of the proposed structures.
Obstruction of views.
Final design of the proposed development.
Topography differences between Observation Terrace and the proposed development.
Connecting the micropath in Observation Terrace with the 10-foot multi-use pathway in
the proposed development.
Statutory requirements for noticing property owners of the project.
Types of uses proposed for the development.
3. Key issue(s) of discussion by City Council:
a.
b.
c.
Height and design of the proposed structures.
Integrating the pond as an amenity.
Preserving views for the adjacent neighborhood.
4. City Council change(s) to Staff’s recommendation:
a. Council added two (2) new DA provisions:
Limited the height of the structures to 35 feet; and
Required outdoor mechanical equipment to be installed in accord with UDC 11-
3A-12.
Meridian City Council Meeting Agenda November 6, 2019 – Page 251 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 191 of 352
Page 5
VII. EXHIBITS
A. Legal Description and Development Agreement Boundary
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B. Current Development Agreement Provisions (Inst. Nos. 104153422 & 106155843)
Meridian City Council Meeting Agenda November 6, 2019 – Page 255 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 195 of 352
Page 9
ADDENDUM Inst. No 106155843 Provisions:
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C. Original Concept Plan
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D. Proposed Conceptual Site Plan (dated: 08/07/2019)
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Page 13
E. Conceptual Building Renderings (not approved)
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F. Idaho Transportation Department Letter
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Page 15
G. Parks Department Conditions of Approval
Reviewer: Kim Warren / Pathways Project Manager
Planner Assigned: Kevin Holmes
Project Name: Victory Commons File No: H-2019-0091 Date: 10.10.19
The following will be required for development of the proposed project:
CONDITIONS OF APPROVAL - PATHWAYS
1. The project developer shall design and construct multi-use pathways consistent with the location and
specifications set forth in the Meridian Pathways Master Plan Map and Master Pathways Plan Document
Chapter 3) and as listed below. Any proposed adjustments to pathway alignment shall be coordinated
through the Pathways Project Manager.
2. Prior to final approval, the applicant shall dedicate public access easements for two multi-use pathways,
along with additional easement width for a future (third) multi-use pathway segment. These are:
2.1 A micropath connecting the micropath that extends from the cul-de-sac at E Lake Creek/ E
Observation Drive across the Kennedy Lateral Easement to pedestrian facilities at Meridian Road.
Width of this easement shall equal the width of the existing pathway, plus 2’ each side.
2.2 A 10’ multi-use pathway along Meridian Road to connect the existing sidewalk east of Meridian
Road to the 10’ pathway north of the property. Coordinate with adjacent owner to north as
necessary to achieve this connection. Multi-use pathway easements shall be a minimum of 14’
wide (10’ pathway + 2’ shoulder each side).
2.3 If in good condition, the existing sidewalk along Meridian Road may remain. It is the City’s intent
to ultimately achieve a 10’ detached multi-use pathway along the length of this parcel. If
applicant chooses not to replace existing sidewalk, applicant shall dedicate any additional
easement width necessary to provide for a future 10’ detached multi-use pathway.
Submit easement documents to the Planning Division for Council approval and subsequent recordation.
Use standard City template for public access easement. Easement checklist must accompany all easement
submittals.
3. Construct multi-use pathways per typical paving section(s) shown in the Meridian Pathways Master Plan
Chapter 3.
4. The owner (or representative association) of the property affected by each public access easement shall
have an ongoing obligation to maintain the multi-use pathways.
5. Project developer shall be responsible for procuring any easements necessary to complete the pathway
connection between Meridian Road and the end of the existing micro-path.
6. Project developer shall be responsible for obtaining license agreement and other permission(s) as
required for constructing within irrigation district easements.
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Page 16
Should any discrepancy exist between these conditions of approval and the requirements of the
irrigation district, the developer shall work with Pathways Project Manager to achieve a pathway
design that meets both City and irrigation district objectives. City requirements as stated shall not
nor are they intended to) override those of the irrigation district having jurisdiction over the
project area.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
Recommended Development Agreement Provisions:
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
City’s Zoning Ordinance codified at Meridian Unified Development Code § 11-
2B.
CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
1. Future development of this site shall comply with the design standards listed
in UDC 11-3A-19 and the guidelines contained in the Architectural
Standards Manual. In addition, new buildings shall include the following
architectural features: faux wood and metal panel accents and extra
fenestration/windows.
2. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
3. Certificate of Zoning Compliance and Administrative Design Review
applications are required to be submitted to the Planning Division for
approval of all future buildings/uses on the site, prior to applying for building
permit.
4. Direct cross access shall be provided between Lots 2 and 3, Block 1 of
Mussel Corner Subdivision.
5. Applicant shall provide a recorded cross agreements between the subject
properties and with parcels R5915720030, R5915720042, and R6242270030
in accord with UDC 11-3A-3. The recorded agreement shall be submitted to
the Planning Division prior to obtaining occupancy of the first structure.
6. The existing access to S. Meridian Rd. at the north end of the property shall
be closed as required by ITD and new approach constructed per ITD
standards. The applicant shall install a detached sidewalk and landscape the
area with a 25-foot wide street buffer to match the adjacent sidewalk and
landscaping and in accord with UDC 11-3B-7C.
7. The required landscape buffer along S. Meridian Rd. and E. Victory Rd. shall
meet the standards listed in UDC 11-3B-7 prior to the issuance of Certificate
of Occupancy for any new construction.
8. The required 25-foot wide land use buffer to the residential uses to the north
and east shall be constructed to the standards of UDC 11-3B-9. If the
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planting of vegetation is restricted by any easement, the required buffer
materials shall be planted outside of said easement to comply with the
standards listed above.
9. All future and existing uses on the property shall comply with the outdoor
storage as an accessory use standards of UDC 11-3A-14.
10. The open pond shall have recirculated water and shall be maintained such
that it does not become a mosquito breeding ground.
11. Prior to any Certificate of Zoning Compliance approvals for the area marked
Future development commercial retail storage” on the submitted site plan,
the pond area shall be improved as an amenity with pedestrian walking paths
and an outdoor seating area.
12. Comply with the Parks Department Conditions of Approval included in
Exhibit G of the staff report dated October 15, 2019.
13. The development of the property shall substantially comply with the
conceptual site plan included in Exhibit D of the staff report dated October
15, 2019.
14. No building on the property shall have a maximum building height that
exceeds 35 feet, measured in accord with UDC 11-1-5B(1).
15. Outdoor mechanical equipment shall be installed in accord with UDC 11-3A-
12.
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