2008 – Bridgetower Crossing Commercial RZ-07-022 Development AgreementrlolsE lDAtlo 0il2flI8 02:02 PM
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REC(IRDEt}-REOUE$I OF
Meridian Cily
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PARTIES I
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DITVELOPMENT AGREEMENT
City of Meridian
Primeland Development Company, LLC, Owner/Developer
THIS.DEVELOPMENT AGREEMENT (this Agreement), is made and
entered inlo rhi:., l5r day or IOOq . 2008. by and between City ol Meridian. a
municipal corporation or tr," S,*. J-Iduno, hereafter called CITY, and Primeland
Development Company, LLC, whose address is 3l 20 W. Belltower Drive, Suite 100,
Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER.
RECITALS
1.2 WHEREAS, I.C. $ 67-651 I A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-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 Ordinance ll-5B-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for re-
zoning of the Propeny's descnbed in Exhibit A, and has requested a
designation of C-N, Neighborhood Business District and L-O.
Limited Office District (Municipal Code of the City of Meridian)l and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
I .6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
DEVELoPMENTACREEMENT(RZ0r3irJ.ri'"rr"r.-wERCRossrNccoMMERCrAL
ADA COUTITY RECOROER J. DAVID I{AVARRO IMOUIfi .OO 55
WHEREAS, Owner/Developer is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of ldaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as if set fbrth in full, herein after
referred to as the Propenyl and
t.
Lt
1.1
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
WHEREAS, City Council, the l8th day of March, 2008, has
approved the City of Meridian Planning Department Staff Repon, set
fonh in Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter ret'erred to as (the
Findings): and
OWNER/DEVELOPER deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their urging and
requests; and
1.9
I .10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement, herein
being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No.02-382, and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code. Title ll.
NOW, THEREFORE, in consideration of the covenants and conditions set
fbnh herein, the panies agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
tems, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL
PACE 2 OF 9
I .8 WHEREAS, the Staff Report requires the Owner/Developer to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of ldaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Primeland
Development Company, LLC, whose address is 3120 W. Belltower,
Meridian, Idaho 83646, the party that owns and is developing said
Property and shall include any subsequent owner(s) or developer(s) of
the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re-zoned C-N, Neighborhood
Business District and L-O, Limited Office District, attached hereto
and by this reference incorporated herein as if set forth at length.
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 $ l1-2B which are herein specified as follows:
Preliminary Plat of 8 commercial buildings and I other lot tn the
proposed C-N and L-O zones on 13.25 acres. The pertinent
provisions of the City of Merilian Comprehensive Plan are
applicable to this RZ 07-022 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the
following special conditions:
The proposed commercial and ofTice buildings shall be constructed with high
quality materials, including but not limited to: stucco, wood and brick, with
substantial stone accents, four sided architecture: for retail uses one side may
not require full fagade treatment if there is screening for the loading area.,
highlighted main entrances, stamped decorative concrete, flat roofs, accent metal
DEVELOPMENT AOREEMENT (RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL
PAGE 3 OF 9
4.
rooflng, composite or tile roofing materials and variations in colors, roof planes
and parapet heights.
2. Elevations shall substantially conform to the photos submitted with MI-07-014,
as set forth in Exhibit D.
3. Development of the property shall generally comply, as determined by the
Planning Director, a minimum of 2 buildings with no one building exceeding
33,725 square feet shall be constructed on lots associated with the Bridgetower
Crossing Commercial Subdivision. The maximum allowable non-residential
square footage for this development shall be 90,000 square feet.
4. The development of the site shall generally conform to the concept plan l, 3 or
any combination of I and 3 in Exhibit C.
5. The City Council expects some stamped decorative concrete within the proposed
development.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreementand
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default ofthe Owner/Developer or Owner's/Developer's heirs, successors, assigns, to
comply with Section 5 entitled "Conditions Governing Development of Subject Propeny" of
this agreement within two years ofthe date this Agreement is effective, and after the City has
complied with the notice and hearing procedures as outlined in Idaho Code $ 67-6509, or any
subsequent amendments or recodifications thereof.
Owner/Developer consent upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
1.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fails to
cure such failure within six (6) months of such notice.
DEFAULT:
9.1 In the event. Owner/Developer, or Owner's/Developer's heirs,
successors, assigns, or subsequent owners ofthe Property or any other
DEVELOPMENT AGREEMENT (RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL
PAGE 4 OF 9
9
1. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
8. INSPECTION: Owner/Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Propeny, this Agreement may be modified or
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
92 A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer's cost, and submit proof of such recording to Owners/Developers, prior
to the third reading ofthe Meridian Zoning Ordinance in connection with the re-zoning ofthe
Property by the City Council. lf fbr any reason after such recordation, theCityCouncil fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release
of this Agreement.
12. REMEDIES: This Agreement shall be enforceable in anycoun ofcompetent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific perfbrmance ofthe covenants, agreements, conditions,
and obligations contained herein.
l2.l In the event ofa material breach ofthis Agreement, the panies agree
that City and Owner/Developer shall have thiny (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein:
provided, however, that in the case ofany such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
DEVELOPMENT AGREEMENT (RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL
PACE 5 OF 9
I l. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
which are beyond the reasonable control of the pany responsible tbr
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code $ I l -5-C, to insure that installation of the improvements, which
the Owners/Developers agrees to provide, if required by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings ofFact and Conclusions ofLaw, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered ifand when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, retum receipt
requerted. addressed as follows:
OWNER/DEVELOPER:
c/o City Engincer
City ol Mendian
33 E. Idaho Ave.
Mcridian. ID 836.12
with copy to
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
Primeland Development Company, LLC
3120 W. Belltower, Suite 100
Meridian, Idaho 83646
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developer/Owner has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
CITY:
DEVELOPMENT AGREEMENT (RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL
PAGE 6 OF 9
16. I A party shall have the right to change its address by delivering to the
other pany a written notillcation thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto conceming this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to coun costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any ofthe obligations hereunder shall
constitute a breach of and a default under this Agreement by the other pany so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the panies' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner
and any other person acquiring an interest in the Propeny. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not af'fect any of the other provisions
containcd herein.
DEVELOPMENT AGREEMENT (RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL
PAGE 7 OF 9
21 . FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
panies 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.
21 .t No condition governing the uses and/or conditions goveming re-zoning ofthe
subject Property herein provided for can be modified or amended without the
approval ofthe City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTM DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning ofthe Propeny and execution ofthe
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the panies have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DE,VELOPER
PRIMELAND DE\'E,I-OPMENT COMPANY, LI,C
CITY OF MERIDIAN
By:
MAYOR T de WEERD
ATTEST
JAYC
cf{
HOLMAN, CITY CLERE
qotll.rT{
r rtJ{
DEVELOPMENT AGREEMENT (RZ 07.022) BRIDGETOWER CROSSINC COMMERCIAL
PAGE 8 OF 9
t
STATE OF IDAHO.
County of Ada,
On this 5-11
;ary Public luia S,ut", personally appeared
identified to me to be
day of Illa-.,2008. before me. thc
undersi aNo in and for
known or(_-
thc of Primeland Development Company, LLC and the
person who signed the above and acknowledged to me that he executed the same on behalfof
said corporation.
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)
KIMBERLY WINKLE
Notary Public
State of ldaho
otary Publ for Idaho9rty,Residins at:d
My Commission Expires:
REOF, I have hereunto set my hand and affixed my
certificate first above written.
STATE OF IDAHO )
:ss
County of Ada )
^ ^tl-.On this 4LJ day of m , 2008, before me, a Notary
Public, personally appeared Tammy de Weerd and J aycee Holman, know or identified to me
to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHE*-,*:;ffi;ffi;
i-\. ,i itry$+:'
Notary Publi
Residing at:
Commission
c for Idaho
expires:
rp
DEVELOPMENT AGREEMENT (RZ 07-022) BRIDOETOWER CROSSING COMMERCIAL
PAGE 9 OF 9
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Exhibit { - Bridgetower Crossing Commercial
ttII Quodront
Conrulllng, lnc
Legal Dsscrlp{on
For
Bridgettrer Crcedng Subdlvbion No, 16
(C-N Rozone)
Razone fiom R{ and C.G to C-l,l
Lot 66 thru 70, Block 10 of Bridgetower Crossing Subdivision No. 7, Book 92 of Plats at
Pages I 091 &1 091 9; Ada County Records and a portion of the Right-Of-Way of North
Tefl M € Road ard West Quintals Drive locat€d in the Northwsst quarler of Sectbn 35,
Tovvnship 4 North, Range 1 West, Boiss Meridian, Ada County, ldaho more psrticularty
described as Solld.rE:
Cornrnencing at the Northwest comer of said Seciion 35, thenca south 00'52?6'Wsst,
443.00 frsat along the W6st line of sai{, s€ciion to lhe Polnt of Beglnnlng;
Thence South 89'07'1$ ea$,m.Tf toet alorE tfie conbrline of sak, W€3l Quintal€
Drhre:
Thenco continuing along said certodine 89.32 feet along a curve lo th€ right, salj ol]ve
having a radius of 300,00 bet, a dotta angie of 1703'3U and a cfiord boaring and
distaocs of South 80'35'27" East, 88.99 f6€t;
Thencs continuing 88.54 fe€{ along a curva lo th€ left, sak curve having a radlus of
300.00 fset, a dstta angle of 16'54'34' and a €fiord bsaring and distanco of South
80'30'58' East, 88.22 fe€t;
Thoncarleavlng said centgrlinq,Souh 00'52?6' West, 786.13 feot to tho Sojfio€st
comer of sald Lot 70;
Th€ncs tlorh 89'07'14' West. 398.00 b€( to the w6st line ot sai, S€dion 35;
Th€nce North 00'52'46' East, 812.52 fe€t along saiJ West lino !o th€ Polnt ot
Beghnlng.
Said parcal contains 7.37 acrss more or less
[pcrrvqS
oEC 0 3 2m7
CITY O}' :[E&TDIA}i
PIJIJINu\.-G & ZONING
!"--'0! 2N7
!.I ERID{Aii PUBLIC
i.,oP!(s oEPt.
190,{ w. Ovanond . Bdrc,lD 8g7O5 . PhorE EA€| 312{orl . Fox lxBl 3<24092 ' Emoil: quo.l6nl(rquodlo.l cc' CMlErlehE€dm.SrvevtrE'Co kuclionMonoglomenl
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MERIDIAII PUBLIC
$roRl(s gEPr-
Legal Dascrlptlon
For
Brldgetower Croselng SubdiyiEion No. 16
(L.() Rerme)
Reone hofi R.4 to L€
Lot 2, Bloct 10 of Bddgotower Crosslng Subdivbkx No. 2, Book 86 of Plats at Peges
9811-9&13: Lot 1 thru 3, Block 'l of callery SubdMsion, Book 93 of Plals at Pages
11140-11141', Ma County Remrds and a'portion of th; Right-Of-Way of North-Ten Mile
Road and Wed Ballto rer Drivo, located in tha Northwest quarter of Sect'ron 35,
Township 4 North, Rangs I West, Bois€ Meridian, Ada County, ldaho rnorB particularly
des.ribed as follolfs:
Cormendng at tho NorlhwBt comer of ssid Secnion 35, th€nce South 00'52'46" West,
1255.52 t6et abng the Wsst lin€ of said section to ttle Polnt of Boglnnlng;
Thance South 89'07'14" East, 398.00 foet to tha Northoast mmor of Baid I,3t 2;
Thence Soulh 00'52'46" Wasq 494.52 fast to thB centsrlins of said West Belltor/t/€.
Driva;
Ttlenca North 89'07'1/f West, 398.00 f€€t along said centedine to the West lin€ of 6aki
Section 35:
Thence tlorth 00'52'46" East, 494.52 f€et slong said WeEt llne to the Polnt ol
BBglnning.
EXCLUDING THEREFROM:
Lot I , Bbck 1 0 of Brfilgston/er Crossing SubdMsion No. 2, Book 86 of Plats at Pages
98tl-9643; mor6 panbulady described as followts;
CommendrE al the Northwest comar of said $ectbn 35, thence $outh 00'52'46'West,
1255.52 fe6t along the west lino ot said socfion. thenee South 89.07'14' Easl, 233.00
fest, thenco Sout i 0052'216" West, 60.02 t€€t to fte Nor$w€st com€r of sald Lot 1 ,
being the Polnt of Boglnnlng;
Thenco South 89'07'14' EaE1, 1,+0.00 fest to ihe Norteasl comer of said Lot;
ThBnce Souh 00'52'46' West, 1 45. 1 1 f6€t to ths Southeast comar of sal, Lot:
Thonce North 89'07'14" West, 1rt0.00 teet to ths SouthwEst corner of said Lot:
Thenc€ Nonh 00'52',{E East, 145.11 feet to the Point of Beginning,
Said parcel contains 4.05 acres rnore or l€ss-
lm. w. Oveflood ' 8oi!.,lDIX!705. Phon6 l2o8l 3.42{o9l . ror (2081 3a2{092 ' Emoil: quodon
GvilEngiEe{ing . Sorverng . CoGtlcfioi:Monogornenl
tINJrf Quodront
Consultlng, lnc
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I
lrfrIII Quodrqnt
Consultlog. lnc.
LEgal Descdplion
For
Brldgetowar Cmsslng Subdlvlslon No. 16
(L-O Bezone)
Rezone ftom R-1 to L.O
Lot 3, Bloek 6 of BrHg€tower Crossing SubdMl,e,or No. 2, Book 86 ol Plals at Pagps
9841-9813; Ada County Recordo and a pordon of tha Rightol-Way of Notlh Ton Mib
Road, boafed h tle Nodhwest quartor of S€c*irn 35, To,rrnship 4 t'l,orth, Range 1 W€6t,
Bols€ Moddlan, Ada Counly, ldaho mor6 parfculady described as follows:
Commenclng at lhe Northwest comer of sald Ssdon 35, theflco Souh 00'52'46' W€st
2014.59 feat along the West llno ol said s€ctton to lhs Polnt o, Bgglnnlngt
Thenc€ Sqrth 89'0714" East, 398.00 feet to lho Northoast @rnar ot said lot 3;
Th€nce South 00521116" We8t, 200.00 te€t to tho Southsast comer ol Eakl Lot;
Thence North 89'0714' WBst, 398.00 fs6l lo tho Wesl llne d Baid S€c{oni
Th€nc6 Norlh 0052'46i Ea6t, 2oo.oo leet alorig 6ald Wsst line to tfE Polnt of
869lnnlig.
Sald parcd co{dalns 1.83 ac{sa morc or lss3.
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tgoaw.ov€.lord.8o&o,lDaB7Os. th.n6 Ecl342.@l . Fox12(B,342.e92. Erlctqro<fonteqrodonl.cc
CM etgl^eeft€ . Sri.reyins . corlrktclion lrono€€menl
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CITY OF MERIDIAN PLANNING DEPARTM!]NT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2OO8
STAFF REPORT
TO:
FROM:
?rov{,IDIANHearing Date: February 26, 2008
Mayor and City Councit
Bill Parsons, Associate Planner
208-884-5533
IDAHO
SI ]B.IECT Verona and Bridgetower Crossing - MI-07-013 and MI-07-014
Request to Modify the Recorded Developments Agreement for Verona and
Bridgetower Crossing, by Primeland Development Group, LLC.
1. APPLICANT'S REQUEST & STAFF ANALYSIS
NOTE: The Yerona DA modilication (MI-07-013) was previously analyzed as part of the Verona
Commercial stalf report (RZ-07-017 & PP-07-022). Staff has updated the Verona Commercial staff
reporl U) removing lhe analysis and recommendalions for the Development Agreement and
incorporated the DA provbions into ,e sahject stoff reporl Furlhermorc, Staff is now recommending
that a driveway access and easemenl be stubbed to the easlern prupert! boundar! of the two office lols
(east of Corlona lYay) for fature connectivillt h,ith lhe adjoining commercial propetA, Stuff reqaests
that an additional provision be added to lhe new Developmenl Agreement being pruposed with the
Verona and Bridgetower Crossing miscellaneous stall rcpoft and lhal lhe subject preliminary plat
condilions be consistent with thal rcquest.
The applicant, Primeland Development Group, has submitted Miscellaneous Applications (MI) requesting
modification to the recorded Development Agreements (DA) for the Verona Subdivision and the
Bridgetower Crossing Subdivision.
MI-07-013 - The subject Development Agreement was recorded for Verona Subdivision on June 13,
2003, as Instrument No. 103097612, records of Ada County Idaho. The applicant is proposing a first
amendment to the DA by amending Section 3 "Definitions" modifoing sub-section 3.4 "Property"
excluding the Verona Commercial propedies (proposing to concurrently lezone from R-8 to C-G and L-O
(see Jile #RZ-07-017) of lhe recorded DA for Verona Subdivision. Staffis recommending that these areas
be removed from the curent DA for Verona and instead be subject to the provisions ofa new DA with
the language/restrictions provided by Staff below.
The existing Verona DA applies to approximately 62 acres located on the east side of N.Ten Mile Road,
north of W. McMillan Road and approximately a half a mile south of Chinden Boulevard in Section 26,
T. 4N., R.1W. The Verona Commercial site is located on the northeast comer of N. Ten Mile Road and
W. McMillan Road and incorporates approximately 19 acres. The site is cunently vacant and the
applicant is proposing the site develop with a mix of non residential uses.
MI-07-014 - The subject Development Agreement was recorded on November 8, 2001, as Instrument No.
101117652, records of Ada County Idaho. The applicant is proposing a first amendment to the DA by
amending Section 3 "Definitions" modifuing sub-section 3.6 "Property" excluding the Bridgetower
Crossing Office and Commercial properties Qtroposing to concurrently rezone from C-G and R-4 to C-N
and L-O (see Jile #PZ-07-022) of the recorded DA for Bridgetower Crossing Subdivision. Staff is
recommending that these areas be removed from the current DA for Bridgetower Crossing and instead be
subject to the provisions ofa new DA with the language/restrictions provided by Staffbelow.
The existing Bridgetower Crossing DA applies to approximately 580 acres located south of McMillan
Road, east of Ten Mile Road, west of Linder Road and north of Ustick Road in Section 35, T. 4N., and
R.lW. However, two projects (Bridgetower Crossing Office and Bridgetower Crossing Commercial) are
Verona and Bridgetowcr Crossing MI I
CITY OF MERIDIAN PI,ANNING DEPARTMEN I Sl'AfF REPOR'I' FOR 11{E HEARING DATE OF FEBRUARY 26. 2OO8
driving the DA modification. These two projects only include approxim ately 26 acres. Rather than
modifling the overall (original) Bridgetower Crossing DA, Staff is proposing to remove these areas from
the original DA and draft a new DA for the two new Bridgetower Crossing projects. The sites are
currently vacant land with a mix of residential, commercial and office uses surrounding the proposed
projects.
UDC 1l-5B-3.D.2 and Idaho Code $ 65-6711,4. provides the City the authority to require a property
owner to enter into a Development Agreement (DA) with the City that may require some written
commitment for all future uses.
The City has sent out notices of the subject request in accordance with the current standards for public
hearings (see Section 4, Process Facts, below for publication dates.) There are no required findings for a
miscellaneous application/development agreement modification. Below, staff has provided the most
pertinent facts and analysis related to the proposed development agreement modifications.
At the Planning and Zoning Commission hearing on December 20th, Staff recommended the
applicant modify the existing Verona DA to allow more office lots and include the Bridgetower
commercial lots as part of the revised Verona DA. Instead, Staff now recommends the applicant
modi$ the existing Verona and Bridgetower Crossing Development Agreements to exclude the
commercial and office areas and enter into three new Development Agreements to govern the
Verona Commercial Project, Bridgetower Crossing OIfice and Bridgetower Crossing Commercial
Projects with the language proposed below.
NOTE: The applicant submitted three concept plans for the BridsetaweLerclsutEe auug
Droiect. Stoff has inserted all ofthe aoolicant's conce t)t lans in Exhibit B. includins their oreferred
conce an co
Er
I and also the conce lon recom nded b the P&Z Commission in
ce I The icant is t1 ext bi in the number cmd
size ofthe buildings that will be allowed/required on this site, however the Plcmnins and Zonins
Commission recommended approving a concept Dlan for the site os propo!9llbullltffgjcbltqtll in
Exhibit B
Staff is recommending approval of the applicant's request to amend the Development Agreements for
Verona and Bridgetower Crossing Subdivisions, as modified by City Staf below.
Existing DA Modifications
Staff recommends that the Council direct the City's Legal Department to draft modifications to the
recorded development agreement for the Verona Subdivision as follows:
. Section 3 - Definitions
Modifu sub-section 3.4 "Property" to exclude the areas as set forth in Exlibit C (pages l-
6) which identifu the Verona Commercial properties, respectively.
Staff recommends that the Council direct the City's Legal Department to draft modifications to the
recorded development agreement for Bridgetower Crossing Subdivision as follows:
o Section 3 - Definitions
2Verona and B dgetower Crossing MI
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORI'}-OR TI{E HEARING DATE OF' FEBRUARY 26. 2OO8
Modift sub-section 3.6 "Property" to exclude the areas as set forth in Exhibit C (pages 9-
-14 7-Ll) which identifies the Bridgetower Crossing Office, and Bridgetower Crossing
Commercial properties, respectively.
New Verona Commercial DA (The additional nh
heerinq are rttach
Crossing Office and B
The area proposed for the commercial area was originally subject to both the Bridgetower Crossing DA
(the properties now zoned C-G) and the Verona DA (the properties now zoned R-8 and proposed for L-O
and C-G). Staff is tying the developer to the elevations submitted with the subject MI applications. By
developing a new DA for the commercial and office area, Staffbelieves that this will allow for more
efficient implementation of the DA over time and more timely development of the properry.
Staff recommends that the Legal Department draft a new DA for the Verona Commercial properties that
includes the following provisions:
. The proposed commercial and office buildings shall be constructed with high quality materials,
including but not limited to: stucco, wood and brick, with substantial stone accents, four sided
architecture: for retail uses one si
theloading arca- highlighted main entrances, stamped decorative concrete, Ilalroofs, aaeentl
mglalloofi[g-composite ortile roofing materials and variations in colors, roofplanes and parapet
heights.o Elevations shall substantially conform to the photos submitted with MI-07-013.o A minimum of9 5 buitdings with no one building exceeding 50,000 square feet shall be
constructed on lots associated with the Verona Commercial Subdivision. The maximum
allowable non-residential square footage for this development shall be 225,000 square feet. The
development of the site shall generally conform to concept plan in Exhibit B, asdeteminedly
etla84lucllreclor
Ddtae to the vacant comme [Mayor and City Council: please note
Staffis recommending that an additional provision be added to the new Verona
Commercial Development Agreement that a driveway access be stubbed to the eastern
property boundary of the two ollice lots (east of Cortona Way) for future connectivity with
the adjoining commercial property.l
. The Citv Council exp
New Bridgetower Crossing DA's
When the Bridgetower Planned Development was originally approved, the applicant did not have a clear
vision for how the commercial and office sites would develop. With the approval of the AZIPD, the City
Council conceptually approved the commercial portion ofthe development and allowed office uses within
an R-4 zoning district. The current DA required the applicant to amend the Comprehensive Plan and
rezone the office lots prior to issuing a building permit. The commercial lots were also subject to CUP
approval as no concept plan was presented to City Council at the time ofthe initial approval. Since that
time, the Future Land Use Map has been amended by the City to reflect these approvals.
Because the applicant now has a concept plan for the both the Bridgetower Crossing Office and
Commercial Projects (attached below) reviewed concurrently with this application and included in
Exlibit A, Staff believes the applicant should no longer be subject to the above mentioned CUP
requirement. However several of the approved office lots have not been rezoned to reflect the City's
changes to the Future Land Use Map and staff is not supportive of removing this requirement until such
3Verona and B.idgetower Crossing Ml
CITY OF MERIDIAN Pt,ANNING DEPARTMENT STAFF RIPORI'I.'OR TIIE HEARTNG DATE OF FEARTIARY 26. 2OO8
time as all approved office lots within the Bridgetower Crossing and Bridgetower Crossing East
Subdivisions are rezoned to L-O. By developing a new DA for the commercial area, Staff believes that
this will allow for more efficient implementation of the DA over time and more timely development of
the property.
Staffrecommends that the Legal Department draft a new DA for the Bridgetolver Crossing Office
propenies that includes the following provisions:
The proposed commercial and office buildings shall be constructed with high quality materials,
including but not limited to: stucco, wood and brick, with substantial stone accents, four sided
architecture: for retait uses one s
thcloadilg?rea- highlighted main entrances, stamped decorative concrete, fla1-Loe&, asaetrt
Ee1alrcofug,composite or tile roofing materials and variations in colors, roof planes and parapet
heights.
Elevations shall substantially conform to the photos submitted with MI-07-014.
Development ofthe property shall generally comply, as determined by the Planning Director,
with the conceptual site plan submitted with MI-07-014. A minimum of S lbuildings with no one
building exceeding 15,000 square feet shall be constructed on lots associated with the
Bridgetower Crossing Office Subdivision. The maximum allowable non-residential square
footage for this development shall be-Ba;650155J00 square feet.
The development ofthe site shall generally conform to the concept plan in Exhibit B.
Staff recommends that the Legal Department draft a new DA for the Bridgetower Crossing Commercial
properties that includes the following provisions:
. The proposed commercial and office buildings shall be constructed with high quality materials,
including but not limited to: stucco, wood and brick, with substantial stone accents, four sided
architecture: for retait uses one s
theloadinearea- highlighted main entrances, stamped decorative concrete, flat&ofs, aaccnt
melakeafiru,composite or tile roofing materials and variations in colors, roofplanes and parapet
heights.o Elevations shall substantially conform to the photos submitted with MI-07-014.
a
minimum of4 l buildings with no one buildin g exceeding33,725 square feet shall be constructed
on lots associated with the Bridgetower Crossing Commercial Subdivision. The maximum
allowable non-residential square footage for this development shall be 8&P60 90-000square feet.
The development ofthe site shall generally conform to the conceot olan l- 3 or
of t-al<ll in Exhibit B. [City Council: please note that in the concurrent preliminary plat
and rezone applications, the Planning and Zoning Commission has included a
recommendation to modi$ the concept plan for the site. Staff has attached a copy of the
concept plan in Exhibit B.l
Subdivision and Bridpelower Crossins Subdivision be annroved and three new DA's be recorded to
rn each o the Commercial deve nrcnts as ed s,above
2. LOCATION & SURROUNI)ING USES
The Verona Commercial Project is located at the northeast comer of W. McMillan Road and N. Ten Mile
in Section 26, T.4N., R. I W.
4Verona and Bridgetower Crossing MI
Staf recommends thal an omendment to the recorded Dewlopment Agreements .for lhe yerona
CITY OF MERIDIAN PLANNING DEPAI{TMENT STAIF RIPORT FOR THE HEARING DATE OI' FEBRUARY 26. 2OO8
The Bridgetower Crossing Office Project is located at the southwest comer of W. McMillan Road and N.
Linder Road in Section 35, T.4N., R.l W.
The Bridgetower Crossing Commercial Project is located on the east side ofTen Mile Road and
approximately 400 feet South of McMillan Road in Section 35, T.4N., R.lW.
a. Adjacent Land Use and Zoning for Verona Commercial
l. Norlh: Vacant office lots and Single family residential, Verona No.2 and 3; zoned L-
O and R-8
2. East: Vacant commercial land; zoned R-4
3. South: Bridgetower Marketplace and Single family residential (Bridgetower Crossing
No. 7); zoned C-G and R-4
4. West: Vacant, Volterra Subdivision; zoned C-G
b. Adjacent Land Use and Zoning for Bridgetower Crossing Office
1. North: Vacant; zoned C-G
2. East: Single Family Residences (Ada County) and Cobblefield Crossing; zoned RUT
and R-4
3. South: Single Family Residence/Agricultural Land; zoned RUT Ada County
4. West: Bridgetower Crossing No. 1 1 and l2; zoned R-4
c. Adjacent Land Use and Zoning for Bridgetower Crossing Commercial
I . North: Bridgetower Market Place; zoned C-G
2. East: Bridgetower Crossing No. 5 and 7; zoned R-4
3. South: Bridgetower CrossingNo.2; zoned R-4
4. West: Vacant, Volterra Subdivision; zoned C-G and L-O
3. PROCESS FACTS
a. The subject application will, in fact, constitute a development agreement modification as
determined by City Ordinance. By reason of the provisions of the Meridian City Code Title
I l, a public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: February 4, 2008 and February 18, 2008
c. Radius notices mailed to properties within 300 feet on: February l, 2008
d. Applicant posted notice on site by: February 16, 2008
e. Section 4.2 ofthe recorded Development Agreement for Bridgetower Crossing
currently states: "No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement."
4. Rf,COMMENDATION:
Staff recommends that an amendment to the recorded Development Agreement for the Verona and
Bridgetower Crossing Subdivision be approved and three new Development Agreements be
recorded to govern the Verona Commercial Project, Bridgetower Crossing Office and Bridgetower
Crossing Commercial Projects as noted in Section I of the Staff Report above. Staff further
recommends that the Mayor and City Council direct the Legal Department to draft an amendment
)Verona and Bridgetower Crossing MI
CITY OF MERIDIAN PLANNING DEPARI'MENT STAFF RF]PORT FOR TI{E HEARING DATE OF FEBRUARY 26. 2OO8
to the Development Agreement for Bridgetower Crossing Subdivision and the Verona Subdivision
that includes the modifications listed herein and includes a copy of the submitted Concept Plans,
and that the cunent Owner/I)eveloper, Mayor and City Clerk sign and then record said document.
5. EXHIBITS:
A. Viciniry Maps (3)
B. Concept Plans
l. Verona Commercial
2. Bridgetower Crossing Office
3. Bridgetower Crossing Commercial (3)
! Planning and Zoning Recommended Concept Plan
C. Legal Descriptions and Exhibit Maps
D. Elevations
6Verona and Bridgetower Crossing MI
CITY OF MI]RIDIAN PLANNING DEPARTMENT SI'AFF REPORT FOR THE HEARING DATE OI- FEBRI]ARY 26, 2OO8
Exhibit A - Vicinity Maps
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CITY OF MERIDLAN PI-ANNING DEPARTMENT STAF'F REPORT FOR THE HEARING DATE OI- IEBRUARY 26, 2OO8
Exhibit C - Verona Commercial
L6gal Descrlptlon
For
Verona Subdivbion No. 4
Rezone From R{ to LO
Lots 35 and 36, Block 10 of Verona SuHivision Number 2, Book 91 of Plats at Pages
10743-10744i Ada County Records and a portion ofthe Right-Of-Way of North Corlona
Way and West McMillan Road, located in the Southwest % of Section 26, Township 4
North, Range 1 West, Boise Moridian, Ada County, ldaho described as follows:
Commencing at the Southwest comer of said Section 26, thence South 88'58'19" East,
1039.55 feet along the South line of said seclion to lhe Polnt o, Boginnlng;
Thence North 01"00'56" East, 240.22 feet along the cenierline of said North Cortona
Way to a @int;
Thence continuing along said cenlerline '194.07 f€et along a curve to the left, said cxrve
having a radius o1300.00 feet, a delta angle of 37'06'39" and a chord bearing and
distance of North 1730'59" West, 190.70 feet;
Thence cor inuing along said centedine North 36'02'53 West, 67.24 feet to a point;
Thence leaving said centedine South 89'30'16" East, 33.60 feet to the Northwest comBr
oI said Lot 35;
Thence continuing South 89'30'16" East, 325.06 feet to the Northeast corner of said Lot
35;
Thence South 00'29'.14" West, 433.02 feet to the Southeast comer of said Lot 36;
Thence No(h 88'58'19' West, 20.00 feet along the Southerly boundary of said Lot 36 to
a point;
Thenca South 00"29'44'West. 45.00 feet to a point on the South line of said Seclion 26;
Thence North 88"58'19" West, 241.85 fset along said South line to the Point of
Beglnnlng.
Said parcel 3.003 acres more or less.
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Exhibit C
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CIl'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TTIE HEARING DATE OF FEBRUARY 26, 2OO8
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Legal Description
For
Verona Subdivislon No. 4
Rezone From R€ to C€
Lot 1 and 2, Block 12 of Verona Subdivision Number 2, Book 91 of Plats at Pag6s
10743-10744i Ada County Records and a portion of the Right-Of-Way of North Cortona
Way and West McMillan Road, located in the Southwesl % of Soction 26, Township 4
North, Range 1 West, Boise Meridian, Ada County, ldaho describ€d as follows:
Commencing at the Southwest comer of said Section 26, thence Soulh 88'58'19" East,
855.00 feet alor€ the South line of said section to the Polnt of B€ginning;
Thence North 00'21'49" East, 386.94 feet to the No hwest comer ot said Lot 2;
Thence North 89'36'30" East, 117.34 feet to the Northeast comer oi said Lot 2;
Thence continuing North 89'36'30" East, 31.24 feet to the centerline of said North
Cortona Way;
Thence continuing along said centerline '157.52 feet along a curve to th€ ]ight, said
curve having a radius of 300.00 feet. a delta angle of 30"08'48" and a chord bearing and
distancs of South 14"01'37'East, 155.72feei:
Thence continuing along said centedine South 01'00'56" West, 240.22 feet to a polnt on
the South line of said Section 26;
Thenco North 88'58'19' West, 184.55 fe€t along Said South line !o the Point of
Beglnnlng,
Said parcel contains 1.623 acres more or less.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2OO8
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For
Vorona Subdivislon No. 4
Rezono From R4 to L.o
Lot '12, Block 10 of Verona Subdivision Number2, Book 9'l of Plats at Pages 10743-
107,14: Ada County Records and a portion of the Right-Of-Way of North Cortona Way,
located in lhe Southwest % ol Section 26, Township 4 North, Range 'l West, Boise
Meridian, Ada County, ldaho described as follows:
Commencing at the Southwest comer of said Section 26, thence South 88'58'19" East,
1301.40 feet along the South lins of said Section; thence North 00'29'44' East, 965.44
feet along thB Easterty boundary of said Verona Subdivision Number 2, thence North
89"30'16'West, 280.87 f6et to th6 Northeast comer of said Lot l2, b€ing the Polnt of
gsglnnlngi
Ihence Soulh 11'04'28' West, 104.20 feet along the Easterly boundary of said Lot '12;
Thence South 00'29'44" West, 110.00 feet to the Southeast comer of said Lol 12;
Thence North 89"30'16'West, 94,54 feet to the Southwest comer of said Lot 12:
Thenca continuing North 89"30'16" West, 29.77 feet to the centerline of s€id North
Cortona Way;
Thence continuing along said centerline 72.98 feet along a curve to the left, said curve
having a radius o1200.00 feet, a delta angle of 20"90'67" and a chod bearing and
distanc€ of North 36'43'10" East, 72,57 leel',
Thenco North 42'49'44" East, 26.98 feet to the Westerly boundary of said Lot 12;
Thence continuing North 42'49'44' East, 31.43 feet along the Wostedy boundary of said
Lot 12i
Thence North 08'39'53' East, '1 12.60 feet to the Northwest corner of said Lot 12;
Thence South 89'30'16' East, 132.00 feet along the Northerly boundary of said Lot 12
to the Point of Bsginning.
Said parcel contains 0.669 acres more or less,
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.V!ERiOIAN PUALG
W3Ft{S DEPT.
lgo.w Ovedond . Bcise.lo 83705 . Phone 120813,{2{091 . tox 1206} 3a2.0092 r En}sil q{rockontoquodronl.cc
Civil Engineedng . Surv€ying. Conllruclion Monogemenl
I-xhibit C
CITY OF MEzuDIAN PLANNING DEPARTMENT STA}'F REPORT FOR THE HEARING DATE OF FEBRUARY 26. 2OO8
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENI' STAIF REPORT FOR THE HEARING DATE OF FEBRUARY 26' 2OO8
Exhibit C - Bridgetower Crossing Office
fr--lllI Quodrqnt
Consultlng. lnc
Legal Descrlptlon
Fo?
Brldgetower Crossing Subdlvislon No, 15
(Rezone)
Bezonlng lrom B-4 to L-O
Lol 15,'16 and17, Block 36 and Lot 1, Block 39 ol Bridg€tower Crossing Subdivision No.
'l I, Book 95 ol Plats at Pages I 1804-1 1805; Ada County R6cords, Lot 43,,14 and 45,
Block 32 of Bridgetower Crossing Subdivision No. 12, Book 96 ol Plats at Pagss 11834-
'11836; Ada County Records and a porlion of the Right-Ol-Way ol North Lindor Road,
Wast McMillan Road, and Norlh Coppercloud Way localed in lh€ Nonheasl quanar of
Section 35, Toivnship 4 North, Rangs 1 Wesl, Boise Meridian, Ada County, ldaho
described as tollows;
Commencing at th6 Northeast corner of said Section 35, b€ing the Polnt ol Boglnnlng;
Thsnc€ South 00'15'17 West, 1317.4O fest along tho East lin6 ol said Section;
Thonce North 89'19'30" West, 418.01 ,eet to the Southwest cornar ol said Lot 17i
Thence North 00'15'1f Easl. 1316.35 foel to the North lino ot said Section;
Thence South 89'28'OZ East, 418.oo feet along the North line ol said Seclion:
Said parcolcontains 12.637 acres more or less.
BY
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Exhibit C
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RXPORT FOR THE HEARING DATE OF FEBRUARY 26' 2OO8
Exhibit C - Bridgetower Crossing Commercial
llrlIII Quodront
Consultlng, ln c.
Legal De3crlptlon
For
Btldgstowor Crosckrg Subdlvlsion No. 16
(C-N Rozone)
Rezone ftom R4 and C-G to C-N
Lot 66 (hru 70, Block l0 of Bridgetow€r Crossing Subdivislon No. 7, Book 92 of Plab at
Pag6s 1091&'t 0919; Ada County RecoIds and a por$on of the Right-Of-Way of North
Tsn M 6 Road and W6st Quintale Orive located in the NorttMest quader of Sedion 35,
Torvnship 4 i{orlh, Rarqe 1 West, Boise Meriiian, Ada County, ldaho mo{e particularly
describ€d as follows:
Commencing at ths NorltMest corner of said Sestion 35, thencs South 00'52?6" Wost,
443.00 faet along the Wsst line of said sedion to the Point oI Boglnnlng;
Th€ice South E9'0714r. Eas1,22..77 f€€i.. along the conbdine of said w€st Quintal€
Drivs:
Thence oontinuirE along said centsrline 89.32 feet along a curvs to thg right, said (iJwe
having a radlus of 300.00 fe€t, a defta angie of 1f03'32' anC a cfiord bearlng and
distance of Sodh 8035'27' East, 88.99 f6€t;
ThencB continuing 88.54 feot along a curve to the left, said curve having a rdlus o,
300.00 ied, a delta anglo of 16'5434' and a drord b€aring and distance of South
8030'58' East, 88.22 feet;
Thonco/leavlng said cent€dlnq,Souh 00'52?6 West, 766.13 feet to ths Souhea8t
comer of sald Lot 70:
Thsnce North 89'071,r west. 398.00 test to tha w€st lin6 of sai, S€{don 35;
Thence North 00'52'46' Eas{, 812.52 fe€t along said West llne io the Polnt of
Boglnnlng.
Said parcal contains 7.37 acres mors or less
BEoETWD
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CITI OT iIEBIDIAN
PiJ.NNTNG & ZO}rT{G
\IERIDIATI PUBLIC
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15,(xw.oved.'ld. ktrc.Da37o5. Phone Poel 312{0?1 . F.o( 12061 3.2092 ' Efio quad.on(0quodonl.cc. CMr EnginoqtE r S(,veying. CoNlrvc{ion MonoeanGnl
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Exhibit C
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CITY OF MEzuDIAN PLANNING DEPARTMENT STAIF REPOR'I FOR THE HEARING DATE OF FEBRUARY 26, 2OO8
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kgal Dascrlption
For
Bddgetwer CrcssinC SuMiviBion No. 16
(L.(} Rseone)
Commendrlg at lhe Nortrwest @mer of sald Section 35, thenco Sourh 00'52'46'Wast,
1255.52 bot abng the West line of sai{, sec,tion to tho Polnt of Bogtnnlng;
Thenc€ Soulh 89'07'14' Easl, 398.00 feet to lho Northeast mmer of said Lot 2;
Thence South 00'52 rto' Wast 49]1.52 faet io tho csnlsdins of sai, Wsst Belttolver
Drlvo:
Thence North 00'52 46" East, '145.1 1 feet b the Point of B€ginning.
Said parcel contalns 4.05 acres rnore or less.
190. w. Olerlond . 8ol5!. Da3705 . Phon6 l2m) 3.2m91 . For l2Bl 3a2{092 . €moil:
CryIBt{ineetlng' Suveying' ConrlirlionMonog.mont
Rozons frorn R4 to L.O
Lot 2, Blod( 10 of Bri@etower Crossing SubdivisirN No. 2, Book 86 of Plats at PagBs
9B+t{6,43; Lot I thru 3, Block I of Gallsry SubdMsion, Book 93 of Plats al Psges
1 I140-11'l4r: Ada County Records and a portion of th6 Right-Of-Way of Norli T6n M o
Road and W€d Bollta.er Drive, located in th6 Northwest quarter of Sedion 35,
Township 4 North, Range 1 West, Bois€ Msridian, Ada County, ldeho rnor€ partlcrilally
described ss follows:
Thonce North 89'07'14" Wast, 398.00 feot along said centedino lo the Wesl lins of said
Secdon 35:
Thenc€ Nodh 00'52'4€" East.494.52 feet along said West line to lhe Polnt of
Beglnnlng,
EXCLUDING THEREFROM:
Lot l, Block 10 of Bd.lgatower Clossing Subdivi8ion No. 2, Book 86 of Plds at Pages
964'l-9643: rnora partiorlarly dsscribed ss follows:
Commencing at the Noihwest comsr of said $€ction 35, thence South 00'52 46' W6t,
'1255.52 feet along the West lino o, said se{don, thenca South 89'0714' East, 233.00
fr3et. thence SoJth 0052?6" W6st, 60-02 teBt io tho Northwost comer of sald Lot 1,
being lhe Folnt of Beglnnlng;
Thence South 89'07'14" EaEL i40.00 fe€t to thB l.lortheast comer of said Lot;
Thence South 00'52'4S' West, 1 45. 1 I fe€t to tho Southast oomsr sf salJ Lo!
Thence North 89'07'14' Wsst, 140.00 fe€t to th6 Southw€st comor of said Lot;
Elxhibit C - lt -
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Consulting. lnc.
CII'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2OO8
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CITYoFMERIDIANPLANNINGDEPARTMENTSTAFFREPoRTFoRTHEHEARINGDATEoFFEBRUARY26.2003
rnlfI Quodront
Consultlng. I nc.
Legal D€scrlptton
For
Brtlgdiower Crosshg SuHlvlston No. 16
(LO Eezooe)
Rezone from R4 to LO
Lot 3, Block 0 of Bridg€lo{ver Cro6sing Subdivislon No. 2, Book 86 of Plats at Pages
9641 -9643; Ada County Rocords and a portion of $o Fightot-Way of North Ton Mils
Boad, locaiod lo the Northwest $aiar of Secflon 35, Tovrn6hlp 4 Norlh, Range I WeEt,
Bol6e Meddlan, Ada County, ldaho rnore pqrtqjlady d€scribod as {ollovs:
Commonclm at lhe No.thl,tlect corngr of sald Soatbn s5, ttlenoe Sou& 00'52'46" W€sl"
2014,59 foel along lh€ Wsst ne of eaid s€cffon to lhe Polnt o, Beglnnlng;
Thanca south 8s'071 4' East, 398.@ feet to the l,lortl€ast conisr ot sald lot 3;
Thenca South @'52:46'wogt 200.00 leet to ths Southsast corner ol said Lot;
Thoncs ito3tr 89'071.f West, 398.@ ts€t to he West lhe d BaH Seo{on;
Thencs North 00'5?46' East, 2OO.0O te€t along sald Wost llne to the Pom of
Beolnnlig,
SaH parcsl codahs I .88 aci6o nbr€ or l#.
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t ?04 rt. Ovc.lcnd . Eo&e.[D€Xtros. Phofl6l2$) 312{09 t . FoxE,08)34}0092. Ernot quodonloqrodonLcc
cM Rtglrr€rtng ' Su'veyi€ ' coostlrctbn Monogstnent
Exhibit Cl
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Bridgetower Crossing - Elevations (Retail)
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIIE HEARING DATE OF FEBRUARY 26. 2OO8
Exhibit D - Elevations th Verona and Brid r Crossi Develo men ts)
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2Exhibit t)
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CITY OF MERIDIAN PLANNING DEPARI'MENT STAFF REPORT FOR THE IIEARING DATE OF FEBRUARY 26. 2OO8
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CITY OF MERIDIAN PLANNING DEPARI'MENT STAFF REPORT FOR'IHE HEARING DATE OF FEBRUARY 26.2008
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Building #12
Exhibit I)
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6Exhihit D
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PROPOSED C-N ZONING AREA
CONCEPruAL DE\ELOPMENT PLAN - \ERSION 1
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PROPOSED C-N ZONING AREA
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Bridgetower Crossing Commercial
Exhibit D - Elevations h Verona and Brid Develo ments)
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LLC - Northeast Corner of West McMillan Road and North Ten Mile
Road:
Development Agreement: RZ 07-018 Request for a Rezone of
12.64 acres from R-4 to an L-O zone for Bridqetower Crossinq
Office by Primeland Development Group, LLC - Southwest Corner
of West McMillan Road and North Linder Road:
Development Agreement: RZ 07 -022 Request for a Rezone of
7.37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88
acres from R-4 to L-O zones for Bridqetower Crossinq
Commercial by Primeland Development Group, LLC - east of
North Ten Mile Road and south of West McMillan Road:
Development Agreement: M 07-018 Request for Annexation
and Zoning of 9.764 acres from RUT to C-C zone for Settler's
Square Subdivision by Seagle Three, LLC - 870 West Ustick
Road:
Addendum to Development Agreement: Ml 07-0'13 Request for
Miscellaneous application to modify the Recorded Development
Agreement for Verona Commercial by Primeland Development
Group, LLC - Northeast Corner of West McMillan Road and North
Ten Mile Road:
Addendum to Development Agreement: Ml 07-014 Request for
a Miscellaneous application to modify the recorded Development
Agreement for Bridqetower Crossinq Office by Primeland
Development Group, LLC - Southwest Corner of West McMillan
Road and North Linder Road:
Findings of Fact and Conclusions of Law for Denial: VAR 08-
003 Request for a Variance to UDC Table 11-24-5 to allow a
structure encroachment into the required rear yard setback in the
R-4 zoning district for Silman Setback by Stanley Silman - 1749
West Lowry Street (Lot 10, Block 16, Tumble Creek Subdivision
#6):
Development Agreement: RZ 07 -023 Request for Rezone of 0.62
acres from R-4 to an R-8 zone for Blackstone No. 2 by Landmark
Engineering and Planning, lnc. - 4700 West Aspen Creek Street:
Sanitarv Sewer Easement Aqreement for Kelly Creek by Jim
Durst:
Meridian City Council
May 20, 2008
Page 4 of 53
F.
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l\reridian City Council
May 20, 2008
Page 5 of 53
N. Resolution No. 08-607
Recreation Fees:
O. Resolution No. 08-608
Resolution No.
Emplovment:
08-609
Drcs-M!@l-EJsv:
lntroductorv Period ofP
De Weerd: Okay. ltem No. 6 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: lwill restate the resolution numbers in the Consent Agenda. ltem N is 08-607.
Item 0 is 08-608. And item P is 08-609. And with that I move we approve the Consent
Agenda as published and for the Mayor to sign and Clerk to attest on all papers.
Zaremba: Second
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. lf
there is no discussion, lwill ask Madam Clerk, to, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 7: Department Reports:
A. Legal Department - Bill Nary
Temporary Sales Units Recommendation Regarding
Fees: Waive Fees for all Temporary Use Permits
effective with the passing of the new ordinance & for
one calendar year
De Weerd: ltem 7 under Department Reports, lwould ask Mr. Baird to, please, give an
update on the temporary sales ordinance.
Baird: Thank you, Madam Mayor, Members of the Council. I have an e-mail that
summarizes a meeting that was held today with Mr. Nary and representatives of the
planning department and the clerk's office and what they did is took up the issue of the
fees for temporary uses. As you may be aware, it's been sort of controversial as to
whether we should be charging for that and particularly as it may pertain to charitable
organizations. After this meeting the recommendation to you from this group is that you
not charge fees for temporary use permits for the 2008 calendar year. The city is more
1
2008 Meridian Parks and
ADA C(IUI{W RECOROEB J. DAVIO IIAI/ARRO AI'IOUIT ,OO 16
l0lSE l0AH0 0il2,[8 02:02 Pl'l
0EPIIIY Bonnie 0beftillig
RECORDEO-REOUE$T OF
l,reridian Cily
ilt IilffirIililillllillllllll II lll
168A59?95
PARTIES
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corporatlon the State
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ADDENDUM TO THE DEVELOPMBNT AGREEMENT
City of Meridian
Primeland Development Company, LLC, Owner/Developer
This ad
r<t^.dendum is made and entered into this lr day
, 2008, by and between CITY OF MERIDIAN, a municipal
of Idaho, hereafter called CITY, and Primeland Development
Company, LLC whose address is 3120 W. Belltower Drive, Suite 100, Meridian, Idaho
83646. hereinafter called OWNER/DEVELOPER.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT recorded on November 8. 2001 as Instrument #
l0lll7652 on the land described in Exhibit "A" ("Property").
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
I . OWNER/DEVELOPER shall be bound by the terms of the Development Agreement,
except as specifically amended as follows:
SECTION 3. DEFINITIONS:
Modify sub-section 3.6 "Property" to exclude the areas set forth in
Exhibit "C" which identilies the Bridgetower Crossing Office and
Bridgetower Crossing Commercial properties, respectively.
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Propeny shall be subject to de-annexation of the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this addendum to the Development Agreement,
and any new 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 second addendum shall be binding on the
ADDENDUM TO DEVELOPMENT AGREEMENT (MI O7,O 14 BRIDGETOWER CROSSING) PAGE I OF.1
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement in accordance with the terms in this Addendum, which terms have
been approved by the Meridian Planning and Zoning Commission and the Meridian City
Council in accordance with Idaho Code Section 67-651lA.
Owners/Developers 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 has 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 Owners/Developers 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 Owners/ Developers 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 goveming the uses and/or
conditions goveming 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.
ADDENDUM TO DEVELOPMENT ACREEMENT (MI O7.O14 BRIDGETOWER CROSSING) PAGE 2 OF 4
ACKNOWLEDGMB,NTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DB,VELOPER:
PRIMELAND DEVELOPMENT COMPANY.
LLC.
BY
CITY OF MF]RIDIAN
BY:
Mayor Tam Weerd!
Attcst:
Jayccc Holman, City Clerk
6
qqlrd'I r!1
TAL
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-01,1 BRIDGETOWER CROSSINC) PAGE I OF 4
/
STATE OF IDAHO
County of Ada,
On this I9h day of Mrur
in and for said State, persona
identified to me to be the
2008, before me, the undersigned, a Notary Public
SS:
lly app!ared
day of
(ra-*L3'larr
Ll
icdc known or
of Primeland Development
Company, LLC, and acknowledged to me that he executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ofhcial seal
the day and year in this cenificate first above written.
SEAL)
STATE OF IDAHO )
:SS
County of Ada )
.tr,lh
On this 4u
Notary Publ
Residin-s at:lrlt
My Commission Expires
2008, before me, a Notaryrn
Public, personally appeared Tammy de Weerd and Jaycee L. Holman, 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.
...'t-ffii;...(sEAL)i ,,.,- No4:t9,.
a ,' '.,r1 '16.hi i;s!%ea .':;
'916.;ti*::"'''
Notary Pub
Residing at
lic for Idaho,Attaruett lD
Commissior exp ires: lO-l ll I
KIMBERLY WINKLE
Notary Public
Smle of Idaho
ADDI]NDUM TO DEVELOPMENT AGREEMENT (MI O7-0I,1 BRIDCETOWER CROSSINGJ PAGE 4 OIT 4
-1
)
:
)
I
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EXHIBITA
Legal Description Of Propertv
LEGAL DESCRIPIION FOR PHASE 2 ANNEXATION
BRIDGETOWER CROSSINC SUBDIVISION
(R-4)
A parcel of land located in Sections 25, 26, 35 and 36, Township 4 Nonh,
Range I West, Boise Meridian, Ada County, Idaho, more paiticularly
described as follows:
Commencing at the southeast comer of the W % (South 7r comer) of Section
35, Township 4 Nonh, Range I West, Boise Meridian; thence N 00'26'55" E
1566.64 feet along the east line of said W Vzto the REAL POINT OF
BEGINNING of this description;
Thence continuing N 00'26'55" E 2067 .95 feet along the east line of said W
y2 to a point on the centerline of the White Drain;
Thence N 7259'50" W 203.38 feet to a point;
Thence N 7541'16" W 176.89 feet to a point;
Thence N 75'02'48" W 161.23 feer to a point;
Thence N 7556'15" W 148.03 feet to a point;
Thence N 42'37'42" W 130.04 feet to a point;
Thence N 40'18'13" W I 12.51 feet to a point;
Thence N 40'13'00" W 114.50 feet to a point;
Lcaving said centerline:
Along the centerline of the White Drain the following:
Thence N 02'46'51" E 74I.38 feet to a point;
Thence N 87"13'09" W 133.08 feet to a point;
Thence N 0246'51" E 473.58 feet to a point on the northerly right-of-way of
McMillan Road;
Along said nonlerly right.of-way:
Thence S 88'58'19" E987.24 feet to a point;
Thence S 8928'07'E 2650.34 feet to a point on the east rigfrt-of-way of
Linder Road;
lraving said northerly rightof-way;
Thence S 00'15'17" W 1342.47 feet along said east right-of-way to a point;
Thence N 89"19'30" W 1340.02 feet to the soutJrwest comtir of the NE 7r of
the NE % of said Section 35;
Thence S OO2I'O7" W t3l4.l0 feet.to the soutieast corner of the SW % of
the NE t/r;
Thence S 0091 '10" W t3I9.36 feet to the southeast comer of the NW 7r of
the SE %;
Thence S 89"12'38" E 165.53 feet to a point on the nonh line of the SE '/r of
the SE 7*;
Thence S 00"26'55" W 677.86 feet to a point;
Thence N 89"33'05" W 69.15 feet to a point;
Thence N 75"05'55" W 501.97 feet to a point;
Thence N 4851'22" W 23,06 feet to a point;
Thence N 5025'12" W 784.17 feet to a point;
Thence N 2624'21" W 65.90 feet to a point;
Thence N 0026'55" E 21.92 feet to a point;
Thence N 39"22'16" W 282.38 feet to a point;
Thence N 89'13'05" W 93.37 feet to the REAL POINT OF BEGINNINC of
this description, said parcel comprising 204 .42 tcres, more oi less.
LEGAL DESCRIPTION FOR ANNEXATION
BRIDGETOWER CROSSING SUBDIVISION
(R4)
Parcels of land located in Section 35, the NE tZ of Section 34, the SE % of
Section 27, and the SW 7.r of Seaion 26, Township 4 Nonh, Range I West;
and the NE /+ of Section 2, Township 3 North, Range I West, Boise
Meridian, Ada County, Idaho, being more panicularly described as follows:
PARCEL 1
A parcel of land located in the SE % of Section 35, Township 4 North, Range
I West; and the NE % of Section 2, Township 3 North, Range I West, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at tlre soutlwest comer of the SE % (South % comer) of Section
35, Towruhip 4 Nonh, Range I West, Boise Meridian; thence S 8914'22" E
660.60 feet along the south line of said SE y4 to a point on the existing
Meridian City Limia boundary, the REAL POINT OF BEGINNING of this
description;
Along the existing Meridian City Limits boundary the following:
Thence N 00'45'38" E 65.00 feet to a point;
Thence N 3l'00'00" W 154.95 feet to a point;
Thence N 53"00'00" W I10.00 feet to a point;
Thence N. 37"00'00" E 50.00 feet to a point;
Thence S 53"00'00" E 102.00 feet to a point;
Thence N 37'00'00" E 100.84 feet to a point;
Thence N 29'00'00" E 173.61 feet to a point;
Thence N 35'00'00" E 140.55 feet to a point;
Thence N 25"17'47" E 204.78 feet to a point;
lraving the existing Meridian City Limits boundary;
Thence S 48'51'22" E 23.06 feet to a point;
Thence S 75"05'55" E 501.97 feet to a point;
Thence S 89'33'05" E 69.15 feet to a point;
Thence S 00'26'55" W 666.38 feet to a point on the south right-of-way of
Ustick Road;
Thence N 89"14'22" W 824.53 feet along said south right-of-way to a point
on the existing Meridian Ciry Limits boundary;
Thence N 00"45'38" E 25.00 feet along the existing Mendian City Limits
boundary to the REAL POINT OF BEGINNING of this description, said
parcel comprising 13.12 acres, more or less.
PARCEL II
A parcel of land located in the W I/z of Section 35, the SW % of Section 26,
the SE /* of Section 27, and the NE t/+ of Section 34, Township 4 North,
Range I West, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Commencing at the southeast comer of the W % (South 7a corner) of Sedion
35, Township 4 North, Range I West, Boise Meridian; thence N 00"26'55" E
1566.64 feet along the east line of said W Vz to a point on the existing
Meridian City Limits boundary, the REAL POINT OF BEGINNING of this
description;
Along the existing Meridian City Limits boundary the following:
Thence N 89"13'05" W 182.95 feet to a point;
Thence S 00"26'55 " W 237 .28 feet to a point;
Thence S 88"00'00" W 16.57 feet to a point of curvature;
Thence along a cuwe to the right 20.69 feet,said curve having a radius of
20.00 feet, a delta angle of 59"i5'59", tangents of I1.38 feet, and a long c-hord
bearing N 62"22'0l" W 19.78 feet to a point;
Thence N 89'13'05" W 52.47 feet to a point;
Thence S 10"50'08" E 30.61 feet to a point;
Thence N 89'13'09" W 3g4.74feet to a point;
I*aving the existing Meridian City Limits boundary;
Thence N 00"33'35" E 1332.93 feet to a point on the souti line of the NW 7r
of said Section 35;
Thence N 89"10'54" W 1992.21 feet along said south line to a point on t}te
west right-of-way of Ten Mile Road;
Along said west right-of-way:
Thence N 00"53'I9" E 263 t.15 feet to a point on the north line of the NE 7r
of Section 34, Township 4 Nonh, Range I West, Boise Meridian;
Thence N 00'21'49" E 848.00 feet to a point;
kaving said west right-of-way;
Thence S 88"58'19" E 880.00 feet to a point;
Thence S O02l'49" W 873.00 feet to a point on the south right-of-way of
McMillan Road;
Thence S 88"58'19" E 446.27 feet along said south right-of-way to a point;
Thence S 00"40'08" W 1027.74 feet to a point;
Thence S 73'15'55" E 356.10 feet to a point;
Thence S 4232'55" E 86.96 feet to a point;
Thence N 0246'51" E 18.66 feet to a point on the centerline of the White
Drain;
Along said centerline the following:
Thence S 40'13'00" E I14.50 feet to a point;
Thence S 40"18'13" E I12.5I feet to a point;
Thence S 4237'42" E 130.04 feet to a point;
Thence S 75'56'15" E 148.03 feet to a point;
Thence S 7502'48" E 161.23 feet to a point;
Thence S 7 5"41'L6" E L76.89 feet to a point;
Thence S 72'59'50" E 203.38 feet to a point on the ext line of the W Vt of
said Section 35;
Leaving said centerline:
I
Thence S 00'26'55" W 2067.95 feet along said east line to the REAL POINT
OF BEGINNING of this description, said parcel comprising 153.88 acres,
more or less.
Combined area Parcels I and II comprises 167.00 acres, more or less
LEGAL DESCRIPTION FOR C.G ZONE ANNEXATION
BRIDGETOWER CROSSING SUBDTVISION
Commencing at the northwest comer of the NW 7* of Section 35, Township 4
North, Range I West, Boise Meridian; thence N 88'58'19" W 25.00 feet to a
point on the west right-of-way of Ten Mile Road, the REAL POINT OF
BEGINNING of this description;
Thence N 00'2L'49" E 848.00 feet along said west right-of-way to a point;
Thence S 88"58'19" E 880.00 feet to.a point;
Thence S 00'21'49" W 848.00 feet to a point on tlre nonh line of the NW 7r
of said Section 35;
Thence N 88"58'19" W I15.28 feet along said north line to a point;
Thence S 01"00'00" W 513.43 feet to a point;
Thence N 88"58'19" W 320.68 feet to a point;
Thence S 00"53'19" W 156.05 feet to a point;
Thence N 8906'41" W 443,04 feet to a point on the west right-of-way of Ten
Mile Road;
L
i
I
A parcel of land located in the NW % of Section 35, the NE % of Section 34,
the SE % of Section 27, and the SW 7r of Section 26, Township 4 North,
Range I West, Boise Meridian, Ada County, Idaho, being more panicularly
described as follows:
Thence N 00"53'19" E 670.56 feet along said west right-of-way to the REAL
POINT OF BEGINNING of this description, said parcel comprising 27.73
acres, more or less,
L
Exhibit B - Bridgetower Crossing Commercial
[a-irIII Quodront
Consulllng, lnc
Legal De8cription
For
Bridgetwsr C]osslng SuMlvbion No, t6
(C-N RozonE)
Rszone ftom R4 and C,G to C-N
Lot 66 thru 70, Block 10 of Bridgetowor Crossing Subdfuision No. 7, Book 92 of Plats at
Page.s 1091E-10919; Ada Co{Inty Records and a portbn of the Right-Of-Way of North
T€n Mile Road ard West Quintalo Drivo locatsd in the Northwest quarter of Ssclion 35,
Township 4 Notlh, Rang€ 1 West, Boise MeriJian, Ada County, ldaho rnore particularly
desc.ibed as follons:
Cotrrnencing at the Norlhwest comer of said Section 35, thence South 00'52'46'West,
443.00 f6st along the Wost line of said s€ction to the Point of Boglnnlng;
Thon6e Suth 89'07'1A ead,2z,.fi @ alorE tie cont€dine of said W6st Qrintale
Driw:
Thenco cot*inuing along said canterline 89.32 f€et along a curve io th€ r{Iht, sau curve
having a radius of 300.00 feet, a detla angle of 1f03'32" and a cfiord boaring and
distance of South 80'35'2f East, 88.99 fe€t;
Thence continuing 88.54 f6et along a curve to the left, said curve having a radlus of
300.00 foet, a dalta angl€ of 16'5434' and a dlord bearing and distancs of South
80'30'58' Easl, 88.22 fe€t
Thencarleaving eaid contedinqSouth 00'52'4€" We€t, 786.13 f6et to the Southeast
comer of seftJ Lot 70:
Thsnco Norfi 89'07'14" West. 398.00 feet lo th6 West line of said Sedion 35:
Thenco North 00'52'46' East, 8'12.52 f€et along said Wost lino io tho Polnt of
Boghnlng.
Said parcol contains 7-37 acres more or less.
[Ecarvgn
oEc 0 3 ?s?
CfIa Ot lIEBlDlAlr
PLATiNIA-*G & ZONING
,.rERtOiAltt P(rE|-lc
VJOF<S OE'T,
0 r 200?
lgo{W.Overond. Boi!c,1D83705. Phooa 12081312{091 . Foxlru)3a2{O92. Emoil: qrrodaonl(rquoalronl.cc' CMErfjneedng. suveying . Con3lruclion Monog.ment
".u0,G*r "eY y' \t-"
|I-rIII au odront
IllERIOIAN PUBIIC
WCFl<S OEPI'
Consultlng, lnc
Legal Descrlption
For
Bridgeto,vsr Grossing Subdivision No, l6
(L4 Rezone)
R€uono ftorn R.4 to L.o
Lot 2, Block 10 of Bfdgetower Crossing Subdivisix No. 2, Book 86 of Plats at PagBs
9641-964ii: Lot I thru 3, Block 1 of Gallery SubdM$ion, Book 93 ofPlats al Pag€s
1114O-11141i Ma County Records and a portion of the Rightof-Way of North Ten Mile
Road and W6sn Belllot/rrer Drive, located in lhe Northwsst quarter of Section 35,
Township 4 North, Range 1 West, Boise Meridian. Ad8 Courty, ldaho rnor€ particularly
dascribed as folbws:
Commencing at ths Northwast comer of said Section 35, henc6 South 00'52'46' W6st,
't 255.52 lsot abng the West line of sakl sectjon to the Polnt of Boglnnlng;
Thence South 89'07'14' East, 398.00 f6et to th6 llorthesst cornor of said Lot 2:
Thenca Soulh 00'52 46" Wsst, 494.52 f€et to lha cenbdino of said Wast B€llto'/'rer
Drivs;
Thoncs Nolth 89'07'1{ West, 398.00 feet along said csnteriino to the Wost lin6 ot said
Sec{on 35i
Thenco North 00 52'4d East, ,194.52 f6et along said W€st line to lhe Polnt of
Beglnnlng,
EXCLUDING THEREFROM:
Lot I . Block I 0 of Bdrgetower Gossing Subdivision No. 2, Book 86 of Plat6 at Pagos
9641-9643i rnor6 particulady describ€d as follows:
comrnendftg ai the Norlhwesl comsr of said Seclion 35, thence South 0052 rt6' Wes{,
1255.52 f€et elong the West llne o, said se€fion. thencs South 89'07'14' East, 233.00
feet, lhenca South 0052'46' West, 60.02 feet lo lhe Northwost comer of sats Lot 1 ,
being ths Polrd of Bagtnnlng;
Thencs South 89'07'14" EaEt, 140.00 feet to the l',lorheast comer of said Loq
Thenca South @'52'46'West 145.t 1 fs€l to lhe Scutheast comsr of sak Lot;
Th€nca North 89'07'1 4" Wsst, 1 ,10.00 foet tc ha Southw€st com8r of sald Lot;
Thence Norlh 00'52'46' East, 145.1 1 feet b the Point ot Beginning.
Said parcel contains 4.05 acres more or less.
i 90. w. Ov€rkrnd . 8oir6.lD E37O5 . Phon€ l20A)3,{2.009l . For(2@1342S92. Eliroilquo(ro
CrvilEngineorng . SurveyiEg ' CoftttJclio^ Monogarnenl
**r0 lr+or .Bv_Jf,U-
i
I
iIilIII Quodront
Con Eultlng. lnc.
L8gal Descrlptlon
For
Brldgdower Crosslng Subdlvlslon No. 16
(L.o Hezone)
Rezone from R{ to L.o
Lot 3, Bloc* 6 of Endgotowor Cmsslng SubdMsion No. 2, Book 86 ol Plais at Pag€s
9641 -gAB; Ada County Rocord6 and a ponion of the Rightof-Way of Notth Ten Mlls
Road, looated h tre Northw€st quartsr of S€ctlon 35, Townshlp 4 North, Range 1 Wost,
Boise Moddian, Ada County, ldaho more paltculaIy descrb€d as lollows:
Commendng at thg Nortrm,sst mmer cd satd Sectbn 85, thsrEs Sot th 0052'46" W€6l,
2014.69 fed dory $e West lhe d said s€cfion to lhs Polht ot Beglnnlng;
Thenc€ Soulh 89'0714' East, 398.m leot to the l{orhoast conrer ol saH Lot 3;
Thanca Scuttl 0052:46" West, 2o0.oo loot to the Southoasl corner ol said Lot;
Thence Nort! 89'07'14" West, 398.00 lost to tho Wost llne ol sajd Soctoni
Then6 North 00'52?6" Ea6t, 2OO,OO loet along 6ald Wosl line to lhs Polnt of
BogInnlig.
SBtd parcel cor alns 1.83 acr6s rlors or b6a,
*$ylttBgBi"
l9o.w.Ovedord.80&6,t,83705. Ptr61e t261312@l . Fo( l2OB) 3,l2.OOl2 . &ncd: quodontoquodonl.cc
CM Engln qhg . $rveylrE . Colrlhlrclt:fiMonog€tioni
I
I
I
I
I
I
r-)
*,*f ,$J"^,
AYlf:----
C
f,xhibitO - Bridgetower Crossing OIIice
lrillIl Quodront
Consultlng, ln c.
Legal Descrlptlon
For
Bridg€tower Crosslng Subdlvislon No. 15
(Bezone)
Rezoning from R-4 to L-O
Lot 15,16 andl7, Block 36 and Lot '1, Block 39 of Bridg€tower Crossing Subdivision No.
11, Book 95 oI PlaE at Pages '118M-1 1805; Ada County Becords, Lot 43,44 and 45,
Block 32 ot Bridgelowar Crossing Subdivision No. '12, Book 96 ot Plals at Pages 11894-
11836; Ada Counly Records and a portion ot the Bight-Ol-Way of North Under Boad,
Wosl McMillan Road, and Norlh Coppercloud Way located in lho Northeasl quansr of
Section 35, Township 4 North, Bange I West, Boise Meridian, Ada Counly, ldaho
d€scribed as tollows:
Commencing at tha Norlheast corner of said Section 35, being lhe Polnt ot Bsginnlng;
Thenco South 00"15''17" Wast, 1317.40 lest along the East line oI said Sec'tion;
Thencs North 89'19'30" West, 418.O1 ,eet to the Southwest cornsr of said Lot 17;
Thenco North 00'15'17' East. 1316.45 teet to the North line of said Section:
Thsnce South 89'28'07' East, 418.OO fesi along the North line of said Sec.tion:
Said parcelcontains 12.637 acres more or less.
ocr 15 ?ti?
O6glBBPE|"
lre.idian City Council
May 20,2008
Page 4 of 53
F
G
LLC - Northeast Corner of West McMillan Road and North Ten Mile
Road:
Development Agreement: RZ 07-018 Request for a Rezone of
12.64 acres from R-4 to an L-O zone for Bridqetower Grossinq
Office by Primeland Development Group, LLC - Southwest Corner
of West McMillan Road and North Linder Road:
Development Agreement: RZ 07 -022 Request for a Rezone of
7.37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88
acres from R-4 to L-O zones for Bridgetower Crossinq
Commercial by Primeland Development Group, LLC - east of
North Ten Mile Road and south of West McMillan Road:
Development Agreement: AA 07-018 Request for Annexation
and Zoning of 9.764 acres from RUT to C-C zone for Settler's
Square Subdivision by Seagle Three, LLC - 870 West Ustick
Road:
Addendum to Development Agreement: Ml 07-013 Request for
Miscellaneous application to modify the Recorded Development
Agreement for Verona Commercial by Primeland Development
Group, LLC - Northeast Corner of West McMillan Road and North
Ten [\Iile Road:
Addendum to Development Agreement: Ml 07-014 Request for
a Miscellaneous application to modify the recorded Development
Agreement for Bridqetower Crossinq Office by Primeland
Development Group, LLC - Southwest Corner of West McMillan
Road and North Linder Road:
Findings of Fact and Conclusions of Law for Denial: VAR 08-
003 Request for a Variance to UDC Table 11-24-5 to allow a
structure encroachment into the required rear yard setback in the
R-4 zoning district for Silman Setback by Stanley Silman - 1749
West Lowry Street (Lot 10, Block 16, Tumble Creek Subdivision
#6):
Development Agreement: RZ 07 -023 Request for Rezone of 0.62
acres from R-4 to an R-8 zone for Blackstone No. 2 by Landmark
Engineering and Planning, lnc. - 4700 West Aspen Creek Street:
Sanitarv Sewe
H
K.
J
L.
M
Durst:
f Eas e m ent Aqreement for Kellv Creek by Jim
t.
Meridian City Council
May 20, 2008
Page 5 of 53
N. Resolution No. 08-607 2008 Meridian Parks and
Recreation Fees:
O. Resolution No. 08-608 Druq and Alcohol Policy:
P. Resolution No. 08-609 lntroductory Period ot
Emp lovment:
De Weerd: Okay. ltem No. 6 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: lwill restate the resolution numbers in the Consent Agenda. ltem N is 08-607.
Item 0 is 08-608. And item P is 08-609. And with that I move we approve the Consent
Agenda as published and for the Mayor to sign and Clerk to attest on all papers.
Zaremba: Second
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. lf
there is no discussion, lwill ask Madam Clerk, to, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 7: Department Reports:
A. Legal Department - Bill Nary
De Weerd: ltem 7 under Department Reports, I would ask Mr. Baird to, please, give an
update on the temporary sales ordinance.
Baird: Thank you, Madam Mayor, Members of the Council. I have an e-mail that
summarizes a meeting that was held today with Mr. Nary and representatives of the
planning department and the clerk's office and what they did is took up the issue of the
fees for temporary uses. As you may be aware, it's been sort of controversial as to
whether we should be charging for that and particularly as it may pertain to charitable
organizations. After this meeting the recommendation to you from this group is that you
not charge fees for temporary use permits for the 2008 calendar year. The city is more
1 Temporary Sales Units Recommendation Regarding
Fees: Waive Fees for alt Temporary Use Permits
effective with the passing of the new ordinance & for
one calendar year
ADA COUTIIY RECOBOER J, DAI,ID NAI/ARRO AMOUNT .OO 52
ilt iltillilllllilllillllllll il lll
18885988I
DEVEI,OPMENT AGREEMENT
City of Meridian
Primeland Development Company. [,LP, Owner/Developer
WHEREAS, Owner/Developer is the sole owner, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho, described in
Exhibit A for each owner, which is attached hereto and by this reference
incorporated herein as if set forth in full, herein after refered to as the
Property; and
WHEREAS, I.C. $ 67-651 lA, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment conceming the use or
development of the subject Propeny; and
WHEREAS, City has exercised its statutory authority by the enactment
of Ordinance I I -5B-3, which authorizes development agreements upon
the annexation and/or re-zoning of land; and
WHEREAS, Owner/Developer has submitted an application for re-
zoning of the Property's described in Exhibit A, and has requested a
designation of L-O, Limited Office District (Municipal Code of the City
of Meridian); and
B0ISE l0All0 0U?/08 02:02 Pil
I,EPUIY Bonnh 0berbillig
RECORDED-NEOUEEI OF
iieridian Cily
PARTIES: l.
2.
'r'$-THISinto this l? dav
DEVELOPMENT AGREEMENT (this Agreerncnt). is nradc and entercd
or ll.\o 2008, by and between City of Meridian, a municipal
corporation ofthe State of Idaho,ereafter called CITY, and Primeland Development Company,
LLC, whose address is 3120 W. Belltower Drive, Suite 100, Meridian, Idaho 83646, hereinafter
called OWNER/DEVELOPER.
RECITALS
t.l
1.2
t.3
1.1
1.5
I .6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning &
DEVELoPMENTAGREEMENT(Rz0?-018)BRIDGEToWERCR0SSINGoFFICEPAGEIoF9
WHEREAS, Owner/Developer made representations at the public
hearings both beiore the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
L
1.1
Zoning Commission, and subsequently before the City Council, include
responses of govemment subdivisions providing services within the City
of Meridian planning jurisdiction, and received funher testimony and
comment; and
WHEREAS, City Council, the I 8h day of March, 2008, has approved the
City of Meridian Planning depanment StaffReport, set fonh in Exhibit B,
which are attached hereto and by this reference incorporated herein as if
set forth in full, hereinafter referred to as (the Findings); and
WHEREAS, the Staff Report requires the Owner/Developer to enter into
a development agreement before the City Council takes final action on
annexation and zoning designation; and
CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and govemment
subdivision of the state of Idaho, organized and existing by virtue of law
1.8
OWNER/DEVELOPER deem it to be in their besr inreresr ro be able to
enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at their urging and requests: and
l0 WHEREAS, City requires the Owner/Developer to enrer inro ir
development agreement for the purpose of ensuring that the Propeny is
developed and the subsequent use of the Propeny is in accordance with
the terms and conditions of this development agreement, herein being
established as a result ofevidence received by the City in the proceedings
for zoning designation from government subdivisions providing services
within the planningjurisdiction and from affected propety owners and to
ensure re-zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian Unified Development Code, Title I l.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided
for, unless the clear context of the presentation of the same requires otherwise:
1.9
3.1
DEVELoPMENTAGREEMENT(R207.018)BRIDGEToWERCRoSSINCoFFICEPAGE2oF9
3.2
ofthe State ol'Idaho. whose address is 33 East Idaho Avenue. Meridian.
Idaho 83642.
OWNER/DEVELOPER: means and refers to Primeland Development
Company, LLC, whose address is 3120 W. Belltower, Meridian, Idaho
83646, the party that owns and is developing said Property and shall
include any subsequent owner(s) or developer(s) of the Property.
USES PERMITTED BY THIS AGREEMENT:4
The uses allowed pursuant to this Agreement are only those uses allor,"'ed
under City's Zoning Ordinance codified at Meridian Unified
Development Code $ I l-2B which are herein specified as follows:
Preliminary Plat of 11 commercinl buildings and I other lot in the
proposed L-O Tone on 12.64 acres. The pertinent provisions ofthe City
of Meridian Comprehensive Plan are applicable to this RZ 07-018
application.
,,1 1 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5r Owner/Developer shall develop the Propefiy in accordance with the following
special conditions:
I . The proposed commercial and office buildings shall be constructed with high quality
materials, including but not limited to: stucco, wood and brick, with substantial
stone accents, four sided architecture: for retail uses one side may not require full
faqade treatment if there is screening for the loading area., highlighted main
entrances, stamped decorative concrete, flat roofs, accent metal roofing, composite
or tile roofing materials and variations in colors, roof planes and parapet heights'
2. Elevations shall substantially conform to the photos submitted with MI-07-014, as
set fonh in Exhibit D.
4.t
3. Development ofthe property shall generally comply, as determined by the Planning
Director,withtheconceptualsiteplansubmittedwithMl.0T-0l4.Aminimumof5
DEVELoPMENTAGREEMENT(R207-018)BRIDGEToWERCRoSSINGoFFICEPAGESoF9
3.3 PROPERTY: means and refers to that certain parcel(s) of Propeny
located in the County of Ada, City of Meridian as described in Exhibit A
describing the parcels to be re-zoned L-O, Limited Office District,
attached hereto and by this reference incorporated herein as if set forth at
length.
buildings with no one building exceeding 15,000 square feet shall be constructed on
lots associated with the Bridgetower Crossing Office Subdivision. The maximum
allowable non-residential square footage for this development shall be 155,000
square feet.
4. The development of the site shall generally conform to the concept plan in Exhibit
C.
5. The City Council expects some stamped decorative concrete within the proposed
development.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the
commitments contained herein shall be terminated, and the zoning designation reversed, upon a
default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply
with Section 5 entitled "Conditions Goveming Development of Subject Property" of this
agreement within two years of the date this Agreement is effective, and after the City has
complied with the notice and hearing procedures as outlined in Idaho Code g 67-6509, or any
subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owner/Developer consent upon default to the reversal ofthe zoning designation
ofthe Property subject to and conditioned upon the following conditions precedent to-wit:
That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fails to cure
such failure within six (6) months of such notice.
1.1
9
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
ponion or the entirety of said development of the Property as required by this agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections
and written approval of such completed improvements or portion thereof in accordance with the
terms and conditions of this Development Agreement and all other ordinances of the City that
apply to said Development.
DEFATII,T:
9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors,
assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply with all of
the terms and conditions included in this Agreement in connection with
the Property, this Agreement may be modified or terminated by the City
upon compliance with the requirements of the Zoning Ordinance.
DEVELoPMENTAGREEMENT(R207-018)BRIDGEToWERCRoSSINGoFFICEPAGE4oF9
9.2 A waiver by City of any default by Owner/Developer of any one or more
of the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of City or
apply to any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer's cost, and submit proof of such recording to Owners/Developers, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Property by the City Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the Property contemplated
hereby, the City shall execute and record an appropriate instrument of release ofthis Agreement.
I l. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or
in equity to secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
l2.l In the event ofa material breach ofthis Agreement, the parties agree that
City and Owner/Developer shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided, however,
that in the case of any such default which cannot with diligence be cured
within such thirty (30) day period. if the defaulting pany shall commence
to cure the same within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity, then the time
allowed to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
12-Z In the event the performance of any covenant to be perfbrmed hereunder
by either Owner/Developer or City is delayed tbr causes which are
beyond the reasonable control of the party responsible for such
perfbrmance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
DEVELOPMENT AGREEMEN-T (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 5 OF 9
Meridian City Code $ I I -5-C, to insure that installation of the improvemenrs, which rhe
Owners/Developers agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree rhar no
Cenificates of Occupancy will be issued until all improvements are completed, unless the Ciry
and Developer/Owner has entered into an addendum agreement stating when the improvements
will be completed in a phased developed; and in any event, no Certificates ofOccupancy shall be
issued in any phase in which the improvements have not been installed, completed, and accepted
by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide
by all ordinances ofthe City of Meridian and the Property shall be subject to de-annexation ifthe
owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings
ofFact and Conclusions ofLaw, this Development Agreement, and the Ordinances ofthe City of
Meridian.
16. NOTICES: Any notice desired by the parties and,/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or ceftified mail, postage prepaid, retum receipt requested,
addressed as follows:
CITY OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian. ID 83642
Primeland Development Company, LLC
3 120 W. Belltower. Suite I 00
Meridian. Idaho 83646
with copy to
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian. ID 83642
16.l A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
11. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as may be granted, to coun costs and reasonable attomey's fees as determined by a Court
of competent jurisdiction. This provision shall be deemed to be a separate contract between the
panies and shall survive any default, termination or forfeiture of this Agreement.
DEVELOPMENT ACREEMENT (RZ 07.018) BRIDGETOWER CROSSING OFFICE PAGE 6 OF 9
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree rhar
time is strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall constiture a
breach of and a default under this Agreement by the other party so failing to pedorm.
I 9. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the beneflt of the parties' respective heirs. successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer ofthe Propeny, each subsequent owner and
any other person acquiring an interest in the Propeny. Nothing herein shall in any way prevent
sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be
subject to the provisions hereof and any successor owner or owners shall be both beneflted and
bound by the conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, had determined thar Owner/Developer
has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not valid by
a couft of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any ofthe other provisions contained herein.
2l . FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the
subject matter hereof', and there are no promises, agreements, conditions or understanding, either
oral or written, express or implied, between Owner/Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City,
to a duly adopted ordinance or resolution of City.
2l.l No condition governing the uses and./or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval 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.
22. EFFECTM DATE OF AGREEMENT: This Agreement shall be efl'ective on
the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance
in connection with the annexation and zoning of the Property and execution of the Mayor and
City Clerk.
DEVELOPME\T AGREEMENT (RZ O7-O I 8) BRIDGETOWER CROSSING OFFICE PAGE 7 OF 9
ACKNOWLEDGNIE,NTS
IN WITNESS WHEREOF, the panies have herein execured rhis agreemenr and
made it effective as hereinabove provided.
OWNER,/DEVELOPER
PRIMELAND DEVELOPMENT COMPANY, LLC
By,
CITY OF MERIDIAN
MAYOR T de WEERD
ATTEST:
JAYC L. HOLMAN. CITY CI,E
d
lllttI ttttt\t
t rt1 '-
SEAL
DEVFI-OPMENT AGREEMENT (RZ 07.018) BRIDGETOWER CROSSING OFFICE PAGE 8 OF 9
By'&-/
STATE OF IDAHO, )
:SS
County of Ada, )
On this e+ll dav of , 2008, before me dersigned, a.jP,Notary Public in and for said State, person y appeare d fti-\-L<ltarrt , known
or identified to me to be the of Primeland Development
Company, LLC and the person who signed the above and acknowledged to me that he executed
the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunro set my hand and affixed my
official seal the day and year in this certificate first above written.
f !49===::=::.-:-/
(
KIMBERLY WINKLE
Notary Public
State of Idaho
4l-
on tnis 20' dav of FnOq . 200tt. belore me. a Norarv
Public. personally upp.*.d Turryi. wt.rJ*J-uy... t-. uol.an. know or identi{led to me
to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of
behalf of said City, and acknowledged to me that such City executed the same.
STATE OF IDAHO )
SS
County of Ada )
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
Notary Pub
Residing at
Commissio
lic r Idaho
n exprres:
ID
DEVELoPMENTAGREEMENT(R207-018)BRIDGEToWERCRoSSINGoFFICEPAGE9oF9
Notary Public ioilauno ,
Residins ^t -*htt . l)
v y co,i, i r. ii-n-e * plrl[77279
)
t I
t.'j..i...'
ExhibitA - Bridgetower Crossing Office
0C1 15 ?i;ll
*ffi!B"Eil"
Consulting, lnc
Legal Descriptlon
For
Bddg€tower Crossing Subdlvislon No. 15
(Rezone)
Bezoning lrom R-4 to L-O
Lol 15,16 and17, Block 36 and Lot 1, Block 39 of Bridgetower Crossing Subdivision No.
'11, Book 95 of Plats at Pages '11804-1 1805; Ada County Records, Lot 43,44 and 45,
Block 32 oI Bridgetower Crossing Subdivision No. 12, Book 96 oI Plats at Pag€s 1'1834-
11836; Ada Counly Records and a portion of the Right-Of-Way of North Linder Road,
Wsst McMillan Road, and North Copp€rcloud Way locatad in the Norlheast quarlor ot
Section 35, Township 4 North, Range 'l Wesl, Boise Meridian, Ada County, ldaho
described as lollows:
Commoncing at the Northeast corner ot said Section 35, being the Polnt ot Beginnlng;
Thenco South 00'15'17' West, 13'17.4O fe6t along ths East lins ot said Section:
Thence North 89"19'3O" West, 418.01 teet lo the Southwest cornor of said Lot 17:
Thencs Norlh 00'15'17 East, l3'l6.35leel to lhe North lineof said Section;
Thence South 89'28'07 East, 418.00 teel along tha North lino of said Section;
Said parcol contains 12.637 acres more or lBss
fr-nIII Quodront
CITY OF MERIDIAN PLANNING DEPARTMENT STAI'F REPORT FOR THE HEARING DATE OF FEBRUARY 26. 2OO8
STAFF REPORT
TO:
FROM:
Hearing Date: February 26,2008
Mayor and City Council
Bill Parsons, Associate Planner
208-884-5 533
IDIAN
IDAHO
SUBJECT:Verona and Bridgetower Crossing - MI-07-013 and MI-07-014
Request to Modify the Recorded Developments Agreement for Verona and
Bridgetower Crossing, by Primeland Development Group, LLC.
I. APPLICANT'S REQUf,ST & STAFF ANALYSIS
NOTE: The Veront DA modification (MI-07-013) was previously analyzed as part of the Verona
Commercial staff rcport (RZ-07-017 & PP-07-022). Staff has updated the Verona Commercial staff
rcpo b) removing the analysis and recommendations for the Development Agruemenl and
incorporuted the DA provisions into the subject slaff reporl. Furthemore, Slaff is now recommending
thal a driveway access and easement be stabbed to the easlern propefiy boundary of the two olJice lots
(east of Cortona llay) for future connectivity r)ith the adjoining commercial properry, Sktff ruquests
thal an additional provbion be added lo the new Developmenl Agreement being proposed wilh the
Verona and Bridgelower Crossing miscellaneous st lf reporl and lhat lhe subjecl preliminary plat
condilions be consistent with thot request.
The applicant, Primeland Development Group, has submitted Miscellaneous Applications (MI) requesting
modification to the recorded Development Agreements (DA) for the Verona Subdivision and the
Bridgetower Crossing Subdivision.
Ml-07-013 - The subject Development Agreement was recorded for Verona Subdivision on June 13,
2003, as Instrument No. 103097612, records of Ada County Idaho. The applicant is proposing a first
amendment to the DA by amending Section 3 "Definitions" modifuing sub-section 3.4 "Property"
excluding the Verona Commercial properlies (proposing to concurrently rezone from R-8 to C-G and L-O
(see file #PZ-07-017) of the recorded DA for Verona Subdivision. Staff is recommending that these areas
be removed from the cunent DA for Verona and instead be subject to the provisions ofa new DA with
the language/restrictions provided by Staff below.
The existing Verona DA applies to approximately 62 acres located on the east side of N.Ten Mile Road,
north of W. McMillan Road and approximately a half a mile south of Chinden Boulevard in Section 26,
T. 4N., R.lW. The Verona Commercial site is located on the northeast comer of N. Ten Mile Road and
W. McMillan Road and incorporates approximately 19 acres. The site is currently vacant and the
applicant is proposing the site develop with a mix of non residential uses.
MI-07-014 - The subject Development Agreement was recorded on November 8,2001, as Instrument No.
101117652, records of Ada County Idaho. The applicant is proposing a first amendment to the DA by
amending Section 3 "Definitions" modifring sub-section 3.6 "Property" excluding the Bridgetower
Crossing Office and Commercial properties Qtroposing to concurrently rezone from C-G and R-4 to C-N
and L-O (see file #RZ-07-022) of the recorded DA for Bridgetower Crossing Subdivision. Staff is
recommending that these areas be removed fiom the current DA for Bridgetower Crossing and instead be
subject to the provisions ofa new DA with the language/restrictions provided by Staffbelow.
The existing Bridgetower Crossing DA applies to approximately 580 acres located south of McMillan
Road, east of Ten Mile Road, west of Linder Road and north of Ustick Road in Section 35, T. 4N , and
R.l W. However, two projects (Bridgetower Crossing Office and Bridgetower Crossing Commercial) are
Verona and Bridgetower Crossing MI
CITY OF MERIDIAN PLANNING DEPARTMENT STA-FF REPORT FOR THE HEARING DATE OF FEBRUARY 26. 2OO8
driving the DA modification. These two projects only include approximately 26 acres. Rather than
modifiing the overall (original) Bridgetower Crossing DA, Staff is proposing to remove these areas from
the original DA and draft a new DA for the two new Bridgetower Crossing projects. The sites are
currently vacant land with a mix of residential, commercial and office uses surrounding the proposed
projects.
UDC 1l-5B-3.D.2 and Idaho Code g 65-67114 provides the City the authority to require a property
owner to enter into a Development Agreement (DA) with the City that may require some written
commitment for all future uses.
The City has sent out notices of the subject request in accordance with the current standards for public
hearings (see Section 4, Process Facts, below for publication dates.) There are no required findings for a
miscellaneous application/development agreement modification. Below, staff has provided the most
pertinent facts and analysis related to the proposed development agreement modifications.
At the Planning and Zoning Commission hearing on l)ecember 20th, Staff recommended the
applicant modify the existing Verona DA to allow more office lots and include the Bridgetower
commercial lots as part of the revised Verona DA. Instead, Staff now recommends the applicant
modiff the existing Verona and Bridgetower Crossing Development Agreements to exclude the
commercial and office areas and enter into three new Development Agreements to govern the
Verona Commercial Project, Bridgetower Crossing Office and Bridgetower Crossing Commercial
Projects with the language proposed below.
NOTE: The applicont submitted lhree conceot olans for the Bridsetower Crossinp Commercial
praiect. Staff has inserted all of the appl icant's conceDt Dlans in Exhibit B. includins their oreferred
corrept plan (concept plan l) and also the concepl plan recommended bv the P&Z Commission in
Exhibit B (P&Z Commission conceDt plan). The applicanl is asking for flexibility in the number and
size ofthe buildinss that will be allowed/required on this site , howelter the Planning and Zoning
Cqrynj5alon recommended approying a concepl plan fo4le site as oroposed bv !trglffand shown in
Exhibit B.
Staff is recommending approval of the applicant's request to amend the Development Agreements for
Verona and Bridgetower Crossing Subdivisions, as modiJied by City Staff below.
Existing DA Modifications
Staff recommends that the Council direct the City's Legal Department to draft modifications to the
recorded development agreement for the Verona Subdivision as follows:
o Section 3 - Definitions
ModiS sub-section 3.4 "Property" to exclude the areas as set forth in Exhibit C (pages l-
6) which identifu the Verona Commercial properties, respectively.
Staff recommends that the Council direct the City's Legal Department to draft modifications to the
recorded development agreement for Bridgetower Crossing Subdivision as follows:
2Verona and Bridgetower Crossing MI
o Section 3 - Definitions
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2OO8
Modi[ sub-section 3.6 "Property" to exclude the areas as set forth in Ex]ribit C (pages +
14 7-Ll) which identifies the Bridgetower Crossing Office, and Bridgetower Crossing
Commercial properties, respectively.
New Verona Commercial DA (The additional nh
trearinp are attacne
Crossinp Omce ana nr
The area proposed for the commercial area was originally subject to both the Bridgetower Crossing DA
(the properties now zoned C-G) and the Verona DA (the properties now zoned R-8 and proposed for L-O
and C-G). Staffis tying the developer to the elevations submitted with the subject MI applications. By
developing a new DA for the commercial and office area, Staff believes that this will allow for more
efficient implementation ofthe DA over time and more timely development ofthe property.
Staff recommends that the Legal Department draft a new DA for the Verona Commercial properties that
includes the following provisions:
The proposed commercial and office buildings shall be constructed with high qualib/ materials,
including but not limited to: stucco. wood and brick, with substantial stone accents, four sided
architecture
t@highlightedmainentranceS.stampeddecorativeconcrete.flalroofs.accent
metafrcofiru-composite or tile roofing materials and variations in colors, roofplanes and parapet
heights.
Elevations shall substantially conform to the photos submitted with MI-07-013.
A minimum of9 5 buildings with no one building exceeding 50,000 square feet shall be
constructed on lots associated with the Verona Commercial Subdivision. The maximum
allowable non-residential square footage for this development shall be 225,000 square feet. The
development of the site shall generally conform to concept plan in Exhibit B, asdetgmircdby
thcgannigDirectot
DrrvelolhcraeanteoqmseiaLlarqel-casloflhgdtc-[Mayor and City Council: please note
Staffis recommending that an additional provision be added to the new Verona
Commercial Development Agreement that a driveway access be stubbed to the eastern
property boundary ofthe two oflice lots (east ofCortona Way) for future connectivity with
the adjoining commercial property.l
New Bridgetower Crossing DA's
When the Bridgetower Planned Development was originally approved, the applicant did not have a clear
vision for how the commercial and office sites would develop. With the approval of the AZiPD, the City
Council conceptually approved the commercial portion ofthe development and allowed office uses within
an R-4 zoning district. The current DA required the applicant to amend the Comprehensive Plan and
rezone the office lots prior to issuing a building permit. The commercial lots were also subject to CUP
approval as no concept plan was presented to Cif Council at the time ofthe initial approval. Since that
time, the Future Land Use Map has been amended by the City to reflect these approvals.
Because the applicant now has a concept plan for the both the Bridgetower Crossing Office and
Commercial Piojects (attached below) reviewed concurrently with this application and included in
Exhibit A, Staff believes the applicant should no longer be subject to the above mentioned CUP
requirement. However several oi the approved office lots have not been rezoned to reflect the City's
changes to the Future Land Use Map and staff is not supportive of removing this requirement until such
1verona and B dgetower Crossing Mt
CITY OF MERIDIAN PLANNING DEPARTMENT STAI'F REPORT FOR THE IIEARING DATE OF FEBRUARY 26, 2OO8
time as all approved office lots within the Bridgetower Crossing and Bridgetower Crossing East
Subdivisions are rezoned to L-O. By developing a new DA for the commercial area, Staff believes that
this will allow for more efficient implementation of the DA over time and more timely development of
the property .
Staff recommends that the Legal Department draft a new DA for the Bridgetower Crossing Office
properlies that includes the following provisions:
The proposed commercial and office buildings shall be constructed with high quality materials,
including but not limited to: stucco, wood and brick, with substantial stone accents, four sided
architecture
6cloadine arcA- highlighted main entrances, stamped decorative concrete, Ilat_roob, acaetrt
mclaboof,ng-composite or tile roofing materials and variations in colors, roofplanes and parapet
heights.
Elevations shall substantially conform to the photos submitted with MI-07-014.
Development ofthe property shall generally comply, as determined by the Planning Director,
with the conceptual site plan submitted with MI-07-014. A minimum of S lbuildings with no one
building exceeding 15,000 square feet shall be constructed on lots associated with the
Bridgetower Crossing Office Subdivision. The maximum allowable non-residential square
footage for this development shall be +f+550 155.000 square feet.
The development ofthe site shall generally conform to the concept plan in Exhibit B.
Staff recommends that the Legal Department draft a new DA for the Bridgetower Crossing Commercial
propenies that includes the following provisions:
. The proposed commercial and office buildings shall be constructed with high quality materials,
including but not limited to: stucco, wood and brick, with substantial stone accents, four sided
architecture: for retait uses one s
thcloadinsirga- highlighted main entrances, stamped decorative concrete, flaffooib, aqecnt
metalroofing,composite ortile roofing materials and variations in colors, roofplanes and parapet
heights.
o Elevations shall substantially conform to the photos submitted with MI-07-014.
. Develooment ofthe o , a
minimum of4 I buildings with no one building exceeding 33,725 square feet shall be constructed
on lots associated with the Bridgetower Crossing Commercia[ Subdivision. The maximum
allowable non-residential square footage for this development shall be 8OP60 90J0Osquare feet.
o The development ofthe site shall generally conform to the concept plan I- 3 o ian
ofl-aail3 in Exhibit B. [City Council: please note that in the concurrent preliminary plat
and rezone applications, the Planning and Zoning Commission has included a
recommendation to modiry the concept plan for the site. Staff has attached a copy of the
concept plan in Exhibit B.l
Sta{f recommends that on amendme4llg lhc rec orded Develooment Asreements for the Verona
Subdivision and Bridse toteer Cross inp Subdivis ion b e approved and three new DA's be recorded to
govern each o f the Commercial develooments as nronosed bv Citv St'aff above
2. LOCATION & SURROUNDING USES
The Verona Commercial Project is located at the northeast corner of W. McMillan Road and N. Ten Mile
in Section 26, T.4N., R. I W.
4Verona and Bridgetower Crossing MI
CITY OT MERIDIAN PLANNING DEPARTMENT S'IAIF RLPORT FOR 1'}IE HEARING DATE OF FI]BRUARY 26. 2OO8
The Bridgetower Crossing Office Project is located at the southwest corner of W. McMillan Road and N.
Linder Road in Section 35, T.4N., R. I W.
The Bridgetower Crossing Commercial Project is located on the east side ofTen Mile Road and
approximately 400 feet South of McMillan Road in Section 35, T.4N., R. 1W.
a. Adjacent Land Use and Zoning for Verona Commercial
1. North: Vacant office lots and Single family residential, Verona No.2 and 3; zoned L-
O and R-8
2. East: Vacant commercial land; zoned R-4
3. South: Bridgetower Marketplace and Single family residential (Bridgetower Crossing
No. 7); zoned C-G and R-4
4. West: Vacant, Volterra Subdivision; zoned C-G
b. Adjacent Land Use and Zoning for Bridgetower Crossing Office
1. North: Vacant; zoned C-G
2. East: Single Family Residences (Ada County) and Cobblefield Crossing; zoned RUT
and R-4
3. South: Single Family Residence/Agricultural Land; zoned RUT Ada County
4. West: Bridgetower Crossing No. 1 I and 12; zoned R-4
c. Adjacent Land Use and Zoning for Bridgetower Crossing Commercial
1. North: Bridgetower Market Place; zoned C-G
2. East: Bridgetower Crossing No. 5 and 7; zoned R-4
3. South: Bridgetower Crossing No. 2; zoned R-4
4. West: Vacant, Volterra Subdivision; zoned C-G and L-O
3. PROCESS FACTS
a. The subject application will, in fact, constitute a development agreement modification as
determined by City Ordinance. By reason of the provisions of the Meridian City Code Title
I l, a public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: February 4,2008 and February 18,2008
c. Radius notices mailed to properties within 300 feet on: February l, 2008
d. Applicant posted notice on site by: February 16, 2008
e. Section 4.2 of the recorded Development Agreement for Bridgetower Crossing
currently states: 'No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement."
4. RECOMMETIDATION:
Staff recommends that an amendment to the recorded Development Agreement for the Verona and
Bridgetower Crossing Subdivision be approved and three new Development Agreements be
recorded to govern the Verona Commercial Project, Bridgetower Crossing Office and Bridgetower
Crossing Commercial Projects as noted in Section I of the Staff Report above. Staff further
recommends that the Mayor and City Council direct the Legal Department to draft an amendment
)Verona and Bridgetower Crossing Ml
CtTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPOR'I'TOR TTIE HEARINC DATE OI-' FEBRT]ARY 26. 2OO8
to the Development Agreement for Bridgetower Crossing Subdivision and the Verona Subdivision
that includes the modifications listed herein and includes a copy of the submitted Concept Plans,
and that the current Owner/Developer, Mayor and City Clerk sign and then record said document.
5. EXHIBITS:
A. Vicinity Maps (3)
B. Concept Plans
I . Verona Commercial
2. Bridgetower Crossing OIIice
3. Bridgetower Crossing Commercial (3)
! Planning and Zoning Recommended Concept Plan
C. Legal Descriptions and Exhibit Maps
D. Elevations
6Verona and Bridgetower Crossing MI
CITY OF MERIDIAN PLANNING DEPARTMENT SI'AFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2OO8
Exhibit A - Vicinity Maps
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Exhibit C - Verona Commercial
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Legal Deseription
For
Verona Subdivlsion No. 4
Rszone From R€ to Lo
Lots 35 and 36, Block 10 of Verona Subdivision Number 2, Book 91 of Plats at Pages
10743-10744: Ada County Records and a porlion of the Right-Of-Way of North Cortona
Way and West McMillan Road, located in the Southwest % of Seclion 26, Township 4
North, Range 1 west, Boise Meridian, Ada County, ldaho described as follows:
Commencing at the Southwest corner of said Section 26, thence South 88"56'19' East,
1039.55 feet along the South line of said seclion to the Point of Boginnlng;
Thence North 01"00'56" East, 240.22 feet along the centedine of said North Cortona
Way to a point;
Thence continuing alorE said centerline 194.07 feet along a curvs lo lhe lefi, said curve
having a radius of 300.00 feet, a delta angle of 37'06'39" and a chod bearing and
distance of North 17'30'59" West, 190.70 feet;
Thenco continuing along said c€nterline North 36'02'53 Wosl, 67.24 feet to a pointi
Thence leaving said centerline South 89'30'16" East, 33.60 feet to the Northwest comer
of said Lot 35;
Thence continuing South 89"30"16" East, 325.06 feet to the Northeast corner of said Lot
35:
Thence South 0029'44" West. 433.02 feet to the Southeast comer of said Lot 36;
Thenco North 88'58'19" West. 20.00 feet along the Southerly boundary of said Lot 36 to
a point;
Thence South 00'29'44" West, 45.00 feet to a point on the South line of said Section 20:
Thence Nodh 88'58'19" West. 241.85 feet along said South line to the Point of
Beglnnlng.
Said parcel 3.003 acres more or less.
BY
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Exhibit C
19011,t. Ovoltond ' 8cire.lO83705. Phone l2O8,3l2.@l . toxl208l342{092. Emoii: quodront,irquod{ont cc
CivilEngineer;ng . Surveying . Contrruclion Monogemenl
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CI'IY OF MEzuDIAN PLANNING DEPARTMENI' STAIF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2OO8
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Legal Description
For
Vorona Subdivislon No. 4
Rezone From R{ to C€
Lot 1 and 2, Block l2 of Verona Subdlvision Number 2, Book 91 of Plats at Pages
10743-10744; Ada County Records and a portion of th6 Right-Of-Way of North Cortona
Way and West McMillan Road, tocated in the Southwesl % of Ssction 26, Township 4
North, Range 1 West, Boise Meridian, Ada County, ldaho describsd as follows:
Commendng at the Southwest comer of said Section 26, thence Soulh 88'58'19" East,
855.00 feet along the South line of said seclion to the Polnt of Boginning;
Thence North 00'21'49' East, 386.94 feet to th6 Northwest comer ot said Lot 2;
Thence North 89'36'30' Easl, 1 17.34 feet to the Northeast corner of said Lot 2;
Thence continuing North 89"36'30" East, 31.24 feet to the canterline of said North
Coriona Wayi
Thence continuing along said centedine 157.52 feet along a curve to the right, said
cufve having a radius of 300.00 feet, a detta angle of 30'08'48" and a chord bearing and
distance of South 14'01'37' Eas1, 155.72feet',
Thence continuing along said centedine South 01'00'56" West, 240.22 feet to a point on
the South line of said Section 26;
Thence North 88"58''19" West, 184.55 fe€t along Said South line to the Polnt of
Bsglnnlng.
Said parcel conlains 1.623 acres more or less
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CITY OI MERIDIAN PLANNING DEPARTMENI' STAFF REPORT FOR THE HEARING DATE OF FEBRT]ARY 26, 2OO8
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Legal Doscription
For
Verona Subdivislon No. 4
Rozone From R€ to L-O
Lot 12, Block 10 ot Verona Subdivision Number 2, Book 91 of Plats at Pages 10743-
10744: Ada County Records and a portion of the Right-Of-Way of North Cortona Way,
located in the Southwest % of Section 26, Township 4 North, Range 1 West, Boise
Meridian, Ada County, ldaho described as follows:
Commencing at the Southwest comer of sak, Seciion 26, thence South 88'58'19" East,
,301.40 feet along the South lins of said Sec{ion: thence No,th 00'29'44' East, 965.44
fest along the Eastody boundary of sail Verona SuMivision Numb€r 2, th€nce North
89'30'16'West, 280.87 feet to the Northeast comer of said Lot t 2, being the Polnt of
Bsglnnlng;
Thence South 1 1'04'28'W€st, 104.20 feet along the Easterly boundary of said Lot 12;
Thence South 00'29'.14" West, 110.00 feet to the Southeast comer of said Lot 12i
Thence North 89'30'16" West, 94.54 feat to the Southwest comer of said Lot 12;
Thence continuing North 89"30'16" West, 29.77 feet to the centerline ot said North
Cortona Way;
Thenc€ continuing along said centerline 72.98 feet along a curva to the left, said curve
having a radius of 200.00 feot, a delta angle of 20'90'67" and a chord bearing and
distance of North 36?3'10" East, 72.57 feeti
Thence North 42?9'44" East, 26.98 feel to the Westerly boundary of said Lot 12;
Thence continuing North 42'49',14" East, 31.43 feBt along the Westerly boundary of said
Lot 12;
Thence North 08'39'53" East, 1 12.60 feet to the Northwest mmer of said Lot '12;
Thence South 89'30'16" East, 132.00 feet along the Northerly boundary of said Lot 12
to the Point of Bsginning.
Said parcel contains 0.669 acres more or |ess.
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190.w Ovorlond. Boise.lD83705. Phone {iO81342{091 . ror l?@)3,a2{092 . €moil quodronl@quodroni.cc
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Exhibit C
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REZONE EXEIETr
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CITY OF MERIDIAN PLANNTNC I)EPARI'MENT STA-FF REPORT FOR THE HEARING DATE OF' FEBRUARY 26, 2OO8
Exhibit C - Bridgetower Crossing Office
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Legal Descrlptlon
For
Brldgetow€r Crosslng Subdlvlslon No. t5
(Bezono)
Rezonlng trom R4 to L-O
Lot 15,16 andl7, Block 36 and Lot 1, Block 39 of Bridgotower Crossing Subdivision No.
'11, Book 95 ol Plats at Pages 11804.11805; Ada County Racords, Lot 4i|,44 and 45,
Block 32 ol Btirgetower Crossing Subdivision No. 12, Book 96 of Plats at Pagos 11834-
11836: Ada County Records and a portion of the Right-Ol-Way ot North Linder Road,
West McMillan Road, and North Copparcloud Way localad in th€ Nonhoast quartor o,
Seclion 35, Township 4 North, Range 1 Wesl, Boise Moridian, Ada Counly, ldaho
describod as tollows:
Commoncing at the Northeast corner of said Ssclion 35, b€ing lhe Polnt o, Beglnnlng;
Thence South O0'15'17 West, 1317.40 leet along the East line ol said Section;
TharEe Norlh 89'19'30" West, 418.01 fe€t to the Southwesl cornar ol said Lol 17;
Thenca North 00'15'17 East, 13'16.35 f6et to the Norlh lina ol said Sectiont
Thonce South 89"28'07 East, 418.0O fe€l along the North line ot said Sec,tion;
Said parcsl contains 12.637 acrss more or less.
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Exhibit C
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CITY OF MERIDIAN PLANNING DEPARTMENT STAIF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2OO8
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CITY OF MERIDIAN PI,ANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2OO8
Exhibit C - Bridgetower Crossing Commercial
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Legal D€3crlpdon
For
B.idgstwor Cmeslng SubdMslon No. 16
(C-N Rezone)
R€zone ftom R4 and C€ to C-N
Lot 66 thru 70, Block 10 of Bridgelower Crossing Subdivision No. 7, Book 92 of Plah at
Pages 1091&10919; Ada Co{rnty Records and a portbn of the Right-Of-Way of Nortt
Tsn Mile Road and Wesl Quintalo Drive locat€d in the Northwest quarter of S€ction 35,
Township 4 North, Range 1 Wesl, Boise Meriiian, Ada County, ldaho more particulady
described as follows:
Commencing at the Norlhweet corner of said Section 35, thence South 00'52?6'Wssl,
443.00 fest ebng the Wast line of said eedion to the Polnt of Beglnnlngi
Thenc6 South 89'07'1{ Ea$, 22.,77 @ along lhe cerrterlino of sall WBst Quinble
Driw:
Thence continuing along said centedina 89.32 iaet along a curve to the right, said cuwo
having a radlus of 30O.00 feel, a delta angle of 1703'32" ard a drord bearing and
distance of South 80'35'2f East, 88.99 f6€t;
Thencs continuing 88.54 fest along a cun e to thB l€,ft, said curve havlng a radlus of
300.00 bel, a detb angNo of 16'54?4' and a dlord b€a,ing and distance of South
8030,58' East, 88,22 feet;
Thencerleavlng said cer edlnq, South @'52',+6' Wesl, 786. 1 3 feet to tho Souhaast
comer of seld Lot 70:
Thoncs tlorft 88'0714' We6t, 398-00 fe€t b tra West line of seH S€dion 35;
TherEs twh 00'52'46' E6sl, 812.52 feet alqrg said W€6t line io th€ Pdnt of
Boglnnlng.
Said parcalcontains 7.37 acres more or less.
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Exhibit C
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2OO8
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II!ERIOIAN PUBLIC
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Lot 2, Block 10 of Bridgetowor Crossing Subdivbion No. 2, Book 86 of PlatB at Pagas
9641-9643i Lol 1 thru 3, Block 1 of Gallery SubdMsion, Book 93 ol Plats at Pagps
11140-11'141:' Ma County Records and a portion of th€ Rjght-O{-Way of North Ten Mile
Road and Wsd Bellto rer Driv€, located in lhe Northw$t quarter of Secdon 35,
Tm,nship 4 North, Range 'l W€st Bob€ Moridian, Ada County, l(t3ho rnorB particularly
described as follorvs:
CorntnendrE at tha Northwest comer of sald Ssction 35, thonca South 00'52'46' Wsst,
1255.52 6€t along the West lin€ of sakl s6cllon to tho Polnt ot Beglnnlng;
Thencs SoJth 89'07'14' East, 398.00 fs6t to th6 Northeast com6r of said tot 2;
L6gal Doscrlptlon
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Bddgotorer Crosslng Subdlvision No. l6
(L.() Rezons)
REzone from R.4 to L-O
Thsncs South 00'52'116'West 494.52 fo€t b lhs cenbdino of said W6st Belltou,er
Drlve:
Thencs North 89'0f1/f W€st, 398.00 fe€t along sail c€ntsdins to th6 West lln€ of EaH
Secdon 35;
Ihenca l,lotth 00'52'46" East,494.52 feat along said We6t line l,o the Polnt of
Bsglnnlng.
Lot I, Block 10 of Brirgatower Croscing Subdtuislon No. 2, Book E6 of Plate at Pagos
9641{Blit; nE(€ particulady described as follows:
CornmendrE at the Norlhwe3t comsr of sald Sectbn 35, thonc€ South 00'52.16' West,
'1255.52 feet abng he W6t lins o, sail secdon, thanc€ South 89'0714' East, 233.00
bet, thenca South 0052'46' WBst, 60.02 teot lo lhe l.lorthwsst com6r of sald Lot 1 ,
being ths Polnl of Eeglnntng;
Thence South 8$07'14' East, 140.00 fe€t to tho l{odheast comer of said Lot
Thonce South 0052',16' Wesl, 145.1 I fest to tho Southeast oomor of said Loq
Thonce Norh 89'07'14' West, 140.00 fs6t to th6 Souhtrest mmer of sak, Lot:
EXCLUOING THEREFROM:
Thenco North 00'52'46" East, 145.11 f6et to the Point of Eeginning.
Said parc€l contalns 4.05 acres more or les6-
1904w.Ovenord. 8ob..DtB705. Phon6 l28l312{Orl , Farl2l$.l3".2{o,2. Ernoil quoc,ron
CivnEndnecdng . Srroeyhg . Coff iuclion Monog6monl
Exhibit C - l1-
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L6gal Eaecrlpuon
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Bildg€towBr Ctosslng SuHlvlalon No, tG
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Rezone from R-4 to L.o
Lot I, Block 6 of Bridg€rowar Crossing SubdMsion No. 2, Eook 86 of Plals at Pag6s
9641 €643; Ada County Rocords and a portion of rhe Fight-Of-Way of Norlh Tsn Milo
Boad, locarsd in the Norttwest Srartor of Sedlon 35, Township 4 tl,orth, Range 1 W€6t,
Boho Meddlan, Ada Counv ldaho more pardarlaiy dosoribsd as 6lows:
Commondng at thg NorttNvost oornsr of eaid Secton 35, therEe SoJltl 005246" W€st,
20t4.59 faet ab{E tlg Wost lin6 ol sak, s€c{on to lhe Polnt ot Beghnlngi
Thoncs South 89'071 4' East, 398.00 feof to th€ l,lorlhsast cornsr of sald Lot 3;
Th€ncs South 00'52'+0' Wesq eoO.Oo teet to the Southeast corner ol gaid Lol;
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Thencs tlofih 89'0fi4" West, 398.@ teel lo the We6t llne of sald Secton;
Thonce Nodh @'52'4e East, 200.00ieet along sald Wost lln6 to tha Polnt of
Beglnnlng.
SaH patcel contahs 1.83 acreo IIlorB or leaa.
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Meridian City Council
May 20,2008
Page 4 of 53
F
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LLC - Northeast Corner of West McMillan Road and North Ten Mile
Road:
Development Agreement: RZ 07-018 Request for a Rezone of
12.64 acres from R-4 to an L-O zone for Bridqetower Crossinq
Office by Primeland Development Group, LLC - Southwest Corner
of West McMillan Road and North Linder Road:
Development Agreement: RZ 07-022 Request for a Rezone of
7.37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88
acres from R4 to L-O zones for Bridqetower Crossinq
Commercial by Primeland Development Group, LLC - east of
North Ten Mile Road and south of West McMillan Road:
Development Agreement: AZ 07 -018 Request for Annexation
and Zoning of 9.764 acres from RUT to C-C zone for Settler's
Square Subdivision by Seagle Three, LLC - 870 West Ustick
Road:
Addendum to Development Agreement: Ml 07-0'13 Request for
Miscellaneous application to modify the Recorded Development
Agreement for Verona Commercial by Primeland Development
Group, LLC - Northeast Corner of West McMillan Road and North
Ten Mile Road:
Addendum to Development Agreement: Ml 07-014 Request for
a Miscellaneous application to modify the recorded Development
Agreement for Bridqetower Crossinq Office by Primeland
Development Group, LLC - Southwest Corner of West McMillan
Road and North Linder Road:
K.Findings of Fact and Conclusions of Law for Denial: VAR 08-
003 Request for a Variance to UDC Table 11-24-5 to allow a
structure encroachment into the required rear yard setback in the
R-4 zoning district for Silman Setback by Stanley Silman - 1749
West Lowry Street (Lot '10, Block 16, Tumble Creek Subdivision
#6):
Development Agreement: RZ07-023 Request for Rezone of 0.62
acres from R-4 to an R-8 zone for Blackstone No. 2 by Landmark
Engineering and Planning, lnc. - 4700 West Aspen Creek Sheet:
M. Sanitary Sewer Easement Aqreement for Kellv Creek
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Durst:
by Jim
t.
Meridian City Council
May 20,2008
Page 5 of 53
N. Resolution No. 08-607 M ridian Parks an
Recreation Fees:
Resolution No. 08-608 :Druq and Al cohol Policv:
Resolution No.
Employment:
08-609 lntroductory Period of
De Weerd: Okay. ltem No. 6 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I will restate the resolution numbers in the Consent Agenda. ltem N is 08-607.
Item 0 is 08-608. And item P is 08-609. And with that I move we approve the Consent
Agenda as published and for the Mayor to sign and Clerk to attest on all papers.
Zaremba'. Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. lf
there is no discussion, lwill ask Madam Clerk, to, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 7: Department Reports:
A. Legal Department - Bill Nary
De Weerd: ltem 7 under Department Reports, I would ask Mr. Baird to, please, give an
update on the temporary sales ordinance.
Baird: Thank you, Madam Mayor, Members of the Council. I have an e-mail that
summarizes a meeting that was held today with Mr. Nary and representatives of the
planning department and the clerk's office and what they did is took up the issue of the
fees for temporary uses. As you may be aware, it's been sort of controversial as to
whether we should be charging for that and particularly as it may pertain to charitable
organizations. After this meeting the recommendation to you from this group is that you
not charge fees for temporary use permits for the 2008 calendar year. The city is more
o.
P.
,|Temporary Sales Units Recommendation Regarding
Fees: Waive Fees for all Temporary Use Permits
effective with the passing of the new ordinance & for
one calendar year