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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 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 2 6 , 2 0 1 9 – P a g e 1 7 7 o f 3 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 2 6 , 2 0 1 9 – P a g e 1 7 8 o f 3 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 2 6 , 2 0 1 9 – P a g e 1 7 9 o f 3 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 2 6 , 2 0 1 9 – P a g e 1 8 0 o f 3 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 2 6 , 2 0 1 9 – P a g e 1 8 1 o f 3 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 2 6 , 2 0 1 9 – P a g e 1 8 2 o f 3 5 2 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: Auk'_ �P � v V (IlV U( �B-!',rat�1AN i -�� LL 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 TIE BREAKER) Mayor Tammy eer o ATED AUGUSTAttest: $ Go¢ 4 I' o9 W ti City OE E IDIS IDA H O% a Chrif Jo n SEAL Fy City le 4,rF 1Ae TRF AgO 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 Meridian City Council Meeting Agenda November 6, 2019 – Page 252 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 192 of 352 Page 6 Meridian City Council Meeting Agenda November 6, 2019 – Page 253 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 193 of 352 Page 7 Meridian City Council Meeting Agenda November 6, 2019 – Page 254 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 194 of 352 Page 8 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: Meridian City Council Meeting Agenda November 6, 2019 – Page 256 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 196 of 352 Page 10 Meridian City Council Meeting Agenda November 6, 2019 – Page 257 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 197 of 352 Page 11 C. Original Concept Plan Meridian City Council Meeting Agenda November 6, 2019 – Page 258 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 198 of 352 Page 12 D. Proposed Conceptual Site Plan (dated: 08/07/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 259 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 199 of 352 Page 13 E. Conceptual Building Renderings (not approved) Meridian City Council Meeting Agenda November 6, 2019 – Page 260 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 200 of 352 Page 14 F. Idaho Transportation Department Letter Meridian City Council Meeting Agenda November 6, 2019 – Page 261 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 201 of 352 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. Meridian City Council Meeting Agenda November 6, 2019 – Page 262 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 202 of 352 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 Meridian City Council Meeting Agenda November 6, 2019 – Page 263 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 203 of 352 Page 17 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. Meridian City Council Meeting Agenda November 6, 2019 – Page 264 of 610Meridian City Council Meeting Agenda November 26, 2019 – Page 204 of 352