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Volante Investments MDA H-2016-0056subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 28h day of June, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 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 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 zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. 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: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Volante Investments, LLLP, whose address is 3804 E. Lanark Street, Meridian, Idaho 83642, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. DEVELOPMENT AGREEMENT - VOLANTE INVESTMENTS MDA H-2016-0056 PAGE 2 OF 8 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" and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 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: 1. All development shall comply with City of Meridian ordinances and the Comprehensive Plan. 2. Development of the west parcel located at 2600 E. Overland Road property shall be generally consistent with the conceptual development plan and building elevations included in Exhibits A.4 and A.5. 3. Prior to development of the east parcel located at 2700 E. Overland Road, the Development Agreement shall be modified to include a conceptual development plan that is consistent with the MU -R FLUM designation contained in the Comprehensive Plan. 4. With development of the subject property, the developer is required to extend sewer & water mains to and through the property. 5. Future development shall comply with the design standards contained in UDC I I - 3A-19 and the Architectural Standards Manual and/or any updated versions thereof. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of DEVELOPMENT AGREEMENT- VOLANTE INVESTMENTS MDA H-2016-0056 PAGE 3 OF 8 written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided„ however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 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 Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, 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 of this Agreement. DEVELOPMENT AGREEMENT- VOLANTE INVESTMENTS MDA H-2016-0056 PAGE 4 OF 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 Volante Investment, LLLP 3804 E. Lanark Street Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 14.1 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. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT- VOLANTE INVESTMENTS MDA H-2016-0056 PAGE 5 OF 8 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be bindingupon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 14. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 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 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. 21.1 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. EFFECTIVE 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 DEVELOPMENT AGREEMENT- VOLANTE INVESTMENTS MDA H-2016-0056 PAGE 6 OF 8 EXHIBIT A Legal Description of Property Subject to Development Agreement 2600 & 2700 Overland Road Property Description A parcel of land located in the SW 1/4 of the SE 1/4 Section 17, Township 3 North, Range 2 East, Boise Meridian, Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the S1/4 corner of said Section 17 from which the SE comer of said Section 17 bears North 89°46'00" East, 2656.88 feet; thence North 00`24'05" East, 45.00 feet to the SE corner of Destination Place Subdivision filed in Book 93 of Plats at Pages 11190 through 11192, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence along the East boundary line of said Destination Place Subdivision North 00024'05" East, 1,181.25 feet to a point on the southerly right-of-way line of Interstate 84; thence along said southerly right-of-way line the following 4 courses and distances: thence North 81 °35'27" East, 158.13 feet; thence South 86018'23" East, 471.33 feet; thence 696.48 feet along the arc of a non -tangent curve to the right, said curve having a radius of 1,809.86 feet, a central angle of 22°02'56" and a long chord of 692.19 feet which bears South 75°09'15" East; thence South 64°07'46" East, 23.82 feet to a point on the West boundary line of Overland Way Subdivision filed in Book 46 of Plats at Pages 3798 and 3799, records of Ada County, Idaho; thence along said West boundary line South 00°08'32" East, 980.83 feet to a point on the North right-of-way line of E. Overland Road; Thence along said North right-of-way line the following 7 courses and distances: thence South 89°46'00" West, 600.41 feet; thence North 41'3926" West, 29.30 feet; thence North 00°24'05" East, 9.19 feet; thence South 89°59'52" West, 90.00 feet; thence South 00°24'05" West, 11.56 feet; thence South 45"33'34" West, 28.68 feet, thence South 89°46'00" West, 597.70 feet to the REAL POINT OF BEGINNING. Containing 34 62 acres, more or less. Volanto Investments — MDA H-2016-0056 EXHIBIT B CITY OF FINDINGS OF FACT ON LUSIONS OF LAW CfER,1DIANq,- AND DECISION & ORDER In the Matter of the Request for a New Development Agreement and Modification to the Terms of the Agreement, by Volante Investments, LLLP. Case No(s), H-2016-0056 For the City Council Hearing Date of: June 21, 2016 (Findings on June 28, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof, The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11 -784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 21, 2016, incorporated by reference. The conditions are concluded to be CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0056 - I - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a new development agreement and modification to the terms of the agreement is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 21, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The development agreement shall be signed by the property owner and retuned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5E-31)), A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-513-317). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-513-3F), E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest iii real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 21, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0056 -2- By action of the City Council at its regular meeting held on the QQZ-_ day of V t kYje 2016. COUNCIL PRESIDENT KEITH BIRD VOTED � 2a COUNCIL VICE PRESIDENT JOE BORTON VOTED AbS r COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 0 ink COUNCIL MEMBER TY PALMER VOTFD_j ern COUNCIL MEMBER LUKE CAVENER VOTED \I, CrA COUNCIL MEMBER GENESIS MILAM VOTED 2A MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta y d eerd Attest: City of ® EIDTAN'- onHo Jacy Jone City Clerk `°F, SERI Vp6q °� n1e !4,EFSJ0. Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: (-Q City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0056 - 3 - STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: EXHIBIT A June 21, 2016 Mayor and City Council Sonya Watters, Associate City Planner 208-884-5533 Volante Investments — MDA H-2016-0056 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST fERIDIAN, 11-� The applicant, Volante Investments, LLLP, requests a new development agreement and modification (MDA) to the conditions of approval referenced in the Findings of Fact and Conclusions of Law and Order approved with the annexation and zoning request. See Section IXAnalpsis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard these items on June 21. 2016. At the public hearing. the Council approved the subject MDA reouest p. Summary of City Council Public Hearin¢: I. In favor: Brad Miller Applicant's Representative ii. In opposition: None III. Cnmmenfin2 None iyApplicant's Representative (in agreement with staff renortl Y. Staff presenting application: Sonya Watters yI. Other staff commenting on apnlicadon: None b. Ka issuetsl of Public Testimony: L None is Kty Issues of Discussion by Council: L NDM d. Kev Council Changes to Staff/Commission Recommendation 1. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0056 as presented in the staff report for the hearing date of June 21, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0056 as presented during the hearing on June 21, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0056 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Volmte Investments — MDA H-2016-0056 EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is generally located at 2600 & 2700 E. Overland Road, in the SE'/4 of Section 17, Township 3N., Range 1E. — Parcel No.'s: Sl 117438626 & S1117438451 B. Owner: Volume Investments, LLLP 3804 E. Lanark Street Meridian, ID 83642 C. Applicant: Same as Owner D. Representative: Brad Miller, Van Auker Companies 3084 E. Lanark Street Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 30 and June 13, 2016 C. Radius notices mailed to properties within 300 feet on: May 26, 2016 D. Applicant posted notice on site by: June 10, 2016 VI. LAND USE A. Existing Land Use(s): This property consists of vacant/undeveloped agricultural land, zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Interstate 84, zoned I -L; and offices and a hotel, zoned L -O and C -G respectively West: Vacant/undeveloped land, various restaurant and commercial uses and an animal care facility, zoned C -G South: E. Overland Road and office uses, zoned C -G East: Rural residential properties, zoned Rt in Ada County C. History of Previous Actions: The subject 34.62 acre property, formerly known as the Thomas and Worst properties, was annexed in 1994 and zoned C -G (Ordinance No's: 661 & 665). It was part of a larger 167 acre area which included the interchange to the north and the St. Luke's property to the northeast; this property and the interchange area provided an annexation path for St. Luke's medical center and hospital. A development agreement was required as a provision of annexation; only the St. Luke's property has entered into a DA (Inst. #10002183, Amended as Inst. #101048098), the subject property has not. VII. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant requests a new development Volame Investments — MDA 14-2016-0056 EXHIBIT A agreement (DA) per requirement of the annexation. The provisions contained in the annexation Findings under the Conclusions section (pg. 10-13) (see Exhibit A.2) are as follows: All development must comply with City of Meridian ordinances and the Comprehensive Plan. The property is required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. Approval of a conditional use permit (CUP) for a planned development (PD) is required. The applicant proposes to modify the provisions as follows: (Staffs comments in italics) Remove the requirement for a CUP/PD and not require a CUP for principal permitted uses in the C- G zoning district. The Citypreviously required a PD application to be submitted with a conceptual development plan, followed up with a CUP application with a detailed developmentplan with annexation applications that did not include a conceptplan,for the site to ensure development consistent with the Mixed Use —Regional (MU --R) Future Land Use Map (FLUM) designation. The applicant has submitted a concept plan for the west parcel but not the east with this application. Staff is amenable to removing this condition but recommends the DA is modified prior to development of the east parcel to include a concept plan that is consistent with the MU -R FLUM designation. Remove the requirement for connection to Meridian water and sewer and to resolve how the water and sewer mains will serve the land. Since the annexation of the property, sewer and water mains have been stubbed to both of the subject parcels. Because services are still required to be extended to the structure(s) and through the property, staff recommends leaving a variation of this condition in as follows: "With development of the subject property, the developer is required to extend sewer & water mains to and through the property. " Add a provision that allows 24 hour business operation on the property located at 2600 E. Overland Road. Because the property at 2600 E. Overland Road is not adjacent to a residential use( s) or resident zoning, hours of operation are not restricted and 24 hour operation is allowed. Therefore, adding this provision is not necessary. Since this property was annexed in 1994, the City has adopted design standards for site layout and structures. Staff recommends a provision is added in the DA that requires future development to comply with the design standards contained in UDC 11-3A-19 and the Architectural Standards Manual. Site plan: The conceptual development plan submitted with this application depicts an 85,000 square foot single -story retail building at the rear of the site with associated parking and "vacant land" in the front adjacent to Overland Road. Two public streets are also depicted, Cinema Drive, which will extend cast/west from the existing stub at the west boundary to S. Wells Avenue proposed north/south along the east boundary of the site. Building Elevations: Conceptual building elevations were submitted for the future building on this site shown on the concept plan. Materials consist of split face and smooth face CMU, metal wall panel accents and standing seam metal canopies. The future structure is required to comply with the design standards in the Architectural Standards Manual. Comprehensive Plan: The purpose of MU -R designated areas, is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use Volume Investments — MDA H-2016-0056 EXHIBIT A developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The proposed retail store should provide a regional draw and also provide employment opportunities for area residents. Retail commercial uses should comprise a maximum of 50% of the development area; the developer may be eligible for additional area under certain provisions described on page 31 of the Comprehensive Plan. Apartments exist approximately'/. mile to the west (Sagecrest) and to the south (Gramercy) which will assist in supporting the commercial uses. Staff recommends approval of the appheant's requested modifications to the DA provisions as modified by staff in Exhibits A.3 with inclusion of the conceptual site plan and building elevations in Exhibits A.4 and A.S. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Development Agreement Provisions from Findings 3. Applicant Proposed & Staff Recommended Development Agreement Provisions 4. Proposed Conceptual Development Plan (dated: April 12, 2016) 5. Proposed Conceptual Building Elevations (dated: April 11, 2016) 6. Legal Description of Property Subject to Development Agreement VoI me Investments — MDA H-2016-0056 Exhibit A.1: Vicinity/Zoning Map Volmte Investments — MDA H-2016-0056 EXHIBIT A Exhibit A.2: Development Agreement Provisions from Findings CONCLUSIONS 1../ That all the procedural requirements of the Local. Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property., 2.Z That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-917 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City' pnnexation-authority is a Legislative function. 3. ✓/That the Planning and Zoning Comanission has judged this annexation and zoning application under Section 90-222, Idaho ode, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. /That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5.� That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions Volante Investments — MDA H-2016-0056 6 EXHIBIT A existing within the City and State. 6.P' That the land within the annexation is contiguous to the present City limits of the city of Meridian, and the annexation would not e a shoestring annexation. 7. That the annexation 'application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of Meridian. B." That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Hurt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1035 (19$3). 9." That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-6-606 B 19, which pertains to pressurized irrigation.;- 10." /That the proposed uses of the St. Lukes' and the State properties, determined from the requested zoning, are in compliance with the Comprehensive Plan, and therefore those annexations and zonings are in conformance with the Comprehensive Plan; that the use of the Peck property for a R-4 Residential use is not in compliance with the Comprehensive Plan, but the use of General Retail and Service commercial, as requested on the date of the hearing, would be; that whether or not the requests by the Thomas' and the Wursts for an R-15 Residential use are in compliance with Volante investments — MDA H-2016-0056 7 EXHIBIT A the Meridian Comprehensive plan depends on whether they are conducted under a planned unit development procedures and as conditional uses, as suggested in the Comprehensive Plan. 1�> It is concluded as stated above in paragraph 19 of the Findings, that development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surroundings neighborhoods; no plans were submitted with the annexation application showing the development of the Wurst and Thomas properties and thus it is difficult to zone the property without knowing the type of proposed development; that it is, however, concluded that the lack of plans for the property should not be an impediment to its annexation, but the development of the property must be controlled as a condition of annexation 12. 41, That the requirements of the Meridian City Engineer, the requirements of 11-9-605 G I., planting strips, 11-9-605 9, park or open spacer 11-9-605 K, linear open space, 11-9-605 L, pedestrian pathways, 11-9-605 M, and 11-9-606 S 14., pressurized irrigation shall be met and addressed in�a development Agreement. That all ditches, canals, and waterways shall be tiled and pressurized irrigation installed as a condition of annexation and if not so done the property shall be subject to de -annexation. 14Y That the Applicant will he required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall he subject to and controlled by the Subdivision and Development Volante Investments — MDA 1-I-2016-0056 8 EXHIBIT A Ordinance; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion of these conclusions, and other matters, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are net or, if necessary, the property shall be subject to de -annexation and loss Of City services, if the requirements of this paragraph are not met. 15.E That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 16. with compliance of the conditions contained herein, the annexation and zoning; as requested, would be in the best interest of the City of Meridian; provided, however, that the annexation and zoning of the Thomas and Wurst properties shall he conditioned on development being conducted under Planned Unit Develo n procedures and as conditional uses; it is specifically concluded that in this area a commercial use would be more appropriate than the R-15 proposed use; that the Commission, believes however, that the use of the property is more the decision of the land owner as long as it is in compliance with the Comprehensive Plan. 17. That if these conditions of approval are met the Apt property shall be subject to de -annexation. Volmte Investments — MDA H-2016-0056 9 EXH BIT A Exhibit A.3: Proposed Development Agreement Provisions 1. All development shall comply with City of Meridian ordinances and the Comprehensive Plan. 2. Development of the west parcel located at 2600 E. Overland Road property shall be generally consistent with the conceptual development plan and building elevations included in Exhibits A.4 and A.S. 3. Prior to development of the east parcel located at 2700 E. Overland Road, the Development Agreement shall be modified to include a conceptual development plan that is consistent with the MU -R FLUM designation contained in the Comprehensive Plan. 4. With development of the subject property, the developer is required to extend sewer & water mains to and through the property. 5. Future development shall comply with the design standards contained in UDC 11-3A-19 and the Architectural Standards Manual and/or any updatedversions thereof. Volmte Investments — MDA H-2016-0056 10 PAR( OES¶NATIOA PL BLOT 6.Exhibit A.4: Proposed Conceptual Development Plan (dated: April 12, 2016) E OVERLAND RD °i Volante Investments – MDA H-2016-0056 I1 AIAWS111708628 FAR:30% MAX. BIIILOING HEIGHT'. 334' ZONING: C G - GENERAL RETNL AND SERVICE COMMERCIAL DISTRICT TOTAL S RE MEAT 816,313 S,F:11 B T6 ACRES TOTALPARKINGAREA: 1iMSS.F. TOTAL PARKING LANOSCAPE AREA: 35,617 SF, PARKING LOT LANDSCAPE PROVIDED: V% TOTAL LANDSCAPE AREA: SB,58B S.F. PARKING STALLS REQUIRED', 170 PARKING STALLS PROVIDED 485 PARKING STALL SIZE I 9,SM0' ADA STALLS RFQUIRED:9 ADA STALLS PROVIDED', 10 BICYCLE SPACES REGUIRED: 30 BICYCLESPACM PROVIDED: 32 .P—.PA. ACRES 85,0011 SF MAJORA 4Bi STALLS 67WIM �.11.11P rt ..hl tA„ 7�n.A„a .�. 1 .� .AULG wA,SnN LEGEND NUMBER OF STANDARD PARNNGSPACES ® CMT CORRAL PARSPACES NUMBER KING T T PER - PROPERTYIPARCELLINE BUILDING LINE ------ EASEMENT CONCRETE SIDEWALK FrMT �j BICYCLE PARKING AIAWS111708628 FAR:30% MAX. BIIILOING HEIGHT'. 334' ZONING: C G - GENERAL RETNL AND SERVICE COMMERCIAL DISTRICT TOTAL S RE MEAT 816,313 S,F:11 B T6 ACRES TOTALPARKINGAREA: 1iMSS.F. TOTAL PARKING LANOSCAPE AREA: 35,617 SF, PARKING LOT LANDSCAPE PROVIDED: V% TOTAL LANDSCAPE AREA: SB,58B S.F. PARKING STALLS REQUIRED', 170 PARKING STALLS PROVIDED 485 PARKING STALL SIZE I 9,SM0' ADA STALLS RFQUIRED:9 ADA STALLS PROVIDED', 10 BICYCLE SPACES REGUIRED: 30 BICYCLESPACM PROVIDED: 32 .P—.PA. .1. nim m �.11.11P rt ..hl tA„ 7�n.A„a .�. 1 .� .AULG wA,SnN PI.. 3WµJPof 1.11 MtlwpY:kluAOlg— LEGALOESCRPTION'. BEING APORTION OF PARCEL 1. LOCATED IN THE SW i OF THESE $ OF SECTION 17, TAN., RIE, B M. BOISE. ADA COUNTY, IDAHO NCH SITE PLAN SCALE! i= 40'-W ° •'' •. .® w dW—=161s vo �o FXHTTRtf PR B,3TEIMN.IMINMY G1 EXHIBIT A Exhibit A.5: Proposed Conceptual Building Elevations (dated: April 11, 2016) wince lir = r.w MGI E AnoN LEFT ELEVATION Volante Investments — NIDA H-2016-0056 12 EXHIBIT A Exhibit A.6: Legal Description of Property Subject to Development Agreement 2600 & 2700 Overland Road Property Description A parcel of land located in the SW 114 of the SE 114 Section 17, Township 3 North, Range 2 East, Boise Meridian, Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the 5114 corner of said Section 17 from which the SE comer of said Section 17 bears North 89°46'00" East, 2656.88 feet; thence North 00'24'05" East, 45.00 feet to the SE. corner of Destination Place Subdivision filed in Book 93 of Plats at Pages 11190 through 11192, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence along the East boundary line of said Destination Place Subdivision North 0002405" East, 1,181.25 feet to a point on the southerly right-of-way line of Interstate 84; thence along said southerly right-of-way line the following 4 courses and distances: thence North 8103627" East, 158.13 feet; thence South 86'18'23" East, 471.33 feet, thence 695.48 feet along the arc of a non -tangent curve to the right, said curve having a radius of 1,609.86 feet, a central angle of 22°02'56" and a long chord of 692.19 feet which bears South 75°09'15" East; thence South 64°OT46" East, 23.82 feet to a point on the West boundary line of Overland Way Subdivision filed in Book 46 of Plats at Pages 3798 and 3799, records of Ada County, Idaho; thence along said West boundary line South 00°08'32" East, 980.83 feet to a point on the North right-of-way line of E. Overland Road; Thence along said North right-of-way line the following 7 courses and distances: thence South 89'46'00" West, 600.41 feet; thence North 41'31Y26" West, 29.30 feet; thence North 00"24'05" East, 9.19 feet; thence South 89059'52" West, 90.00 feet; thence South 00024'05" West, 11.56 feet; thence South 45'33'34" West, 28.68 feet; thence South 89°46'00" West. 597.70 feet to the REAL POINT OF BEGINNING. Containing 34.62 acres, more or less. V olante Investments — MDA H-2016-0056 13 EXHIBIT A Volante Investments – MDA H-2016-0056 Legal Description of Property Subject to Development Agreement CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 0 ' In the Matter of the Request for a New Development Agreement and Modification to the Terms of the Agreement, by Volante Investments, LLLP. Case No(s). H-2016-0056 For the City Council Hearing Date of: June 21, 2016 (Findings on June 28, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11 -7 84 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 21, 2016, incorporated by reference. The conditions are concluded to be CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0056 - 1 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a new development agreement and modification to the terms of the agreement is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 21, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-513-31)). A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-513-3F). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 21, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0056 - 2 - -k h By action of the City Council at its regular meeting held on the day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED - � COUNCIL VICE PRESIDENT JOE BORTON VOTED a bSc r-,- - COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED a'1bScn 4 - COUNCIL MEMBER TY PALMER VOTED 2c, COUNCIL MEMBER LUKE CAVENER VOTED \1 to, COUNCIL MEMBER GENESIS MILAM VOTED f G MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta y d eerd Attest:c0.+4o�P-tVn Aucvsrr'9� 2 City of FrRIpIA H u Jacy Jone w City Clerk y� SEP Vp�� °/ IYr tP,445UQ0 Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: City C erk's ffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0056 - 3 - EXHIBIT A STAFF REPORT E TIMI /j N HEARING DATE: June 21, 2016 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Volante Investments — MDA H-2016-0056 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Volante Investments, LLLP, requests a new development agreement and modification (MDA) to the conditions of approval referenced in the Findings of Fact and Conclusions of Law and Order approved with the annexation and zoning request. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard these items on June 21, 2016, At the public hearing. the Council approved the subject MDA request. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0056 as presented in the staff report for the hearing date of June 21, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0056 as presented during the hearing on June 21, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0056 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Volante Investments — MDA H-2016-0056 Summary of City Council Public Hearin: L In favor: Brad Miller, Applicant's Representative ii In opposition: None UL Commenting: None Ly: Written testimony: Brad Miller, Applicant's Representative (in agreement with staff reportl y. Staff presenting application: Sonya Watters A Other staff commenting on application: None 1, Key issue(s) of Public Testimony: L None -c� Key Issues of Discussion by Council: L None d� Key Council Changes to Staff/Commission Recommendation L None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0056 as presented in the staff report for the hearing date of June 21, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0056 as presented during the hearing on June 21, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0056 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Volante Investments — MDA H-2016-0056 EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is generally located at 2600 & 2700 E. Overland Road, in the SE 1/4 of Section 17, Township 3N., Range IE. — Parcel No.'s: S1117438626 & S1117438451 B. Owner: Volante Investments, LLLP 3804 E. Lanark Street Meridian, ID 83642 C. Applicant: Same as Owner D. Representative: Brad Miller, Van Auker Companies 3084 E. Lanark Street Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 30 and June 13, 2016 C. Radius notices mailed to properties within 300 feet on: May 26, 2016 D. Applicant posted notice on site by: June 10, 2016 VI. LAND USE A. Existing Land Use(s): This property consists of vacant/undeveloped agricultural land, zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Interstate 84, zoned I -L; and offices and a hotel, zoned L -O and C -G respectively West: Vacant/undeveloped land, various restaurant and commercial uses and an animal care facility, zoned C -G South: E. Overland Road and office uses, zoned C -G East: Rural residential properties, zoned R1 in Ada County C. History of Previous Actions: The subject 34.62 acre property, formerly known as the Thomas and Wurst properties, was annexed in 1994 and zoned C -G (Ordinance No's: 661 & 665). It was part of a larger 167 acre area which included the interchange to the north and the St. Luke's property to the northeast; this property and the interchange area provided an annexation path for St. Luke's medical center and hospital. A development agreement was required as a provision of annexation; only the St. Luke's property has entered into a DA (Inst. #10002183, Amended as Inst. #101048098), the subject property has not. VIL ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant requests a new development Volante Investments — MDA H-2016-0056 EXHIBIT A agreement (DA) per requirement of the annexation. The provisions contained in the annexation Findings under the Conclusions section (pg. 10-13) (see Exhibit A.2) are as follows: All development must comply with City of Meridian ordinances and the Comprehensive Plan. The property is required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. Approval of a conditional use permit (CUP) for a planned development (PD) is required. The applicant proposes to modify the provisions as follows: (Staff's comments in italics) Remove the requirement for a CUP/PD and not require a CUP for principal permitted uses in the C- G zoning district. The City previously required a PD application to be submitted with a conceptual development plan, followed up with a CUP application with a detailed development plan with annexation applications that did not include a concept plan for the site to ensure development consistent with the Mixed Use — Regional (MU -R) Future Land Use Map (FLUM) designation. The applicant has submitted a concept plan for the west parcel but not the east with this application. Staff is amenable to removing this condition but recommends the DA is modified prior to development of the east parcel to include a concept plan that is consistent with the MU -R FLUM designation. Remove the requirement for connection to Meridian water and sewer and to resolve how the water and sewer mains will serve the land. Since the annexation of the property, sewer and water mains have been stubbed to both of the subject parcels. Because services are still required to be extended to the structure(s) and through the property, staff recommends leaving a variation of this condition in as follows: "With development of the subject property, the developer is required to extend sewer & water mains to and through the property. " Add a provision that allows 24 hour business operation on the property located at 2600 E. Overland Road. Because the property at 2600 E. Overland Road is not adjacent to a residential use(s) or resident zoning, hours of operation are not restricted and 24 hour operation is allowed. Therefore, adding this provision is not necessary. Since this property was annexed in 1994, the City has adopted design standards for site layout and structures. Staff recommends a provision is added in the DA that requires future development to comply with the design standards contained in UDC 11-3A-19 and the Architectural Standards Manual. Site plan: The conceptual development plan submitted with this application depicts an 85,000 square foot single -story retail building at the rear of the site with associated parking and "vacant land" in the front adjacent to Overland Road. Two public streets are also depicted; Cinema Drive, which will extend east/west from the existing stub at the west boundary to S. Wells Avenue proposed north/south along the east boundary of the site. Building Elevations: Conceptual building elevations were submitted for the future building on this site shown on the concept plan. Materials consist of split face and smooth face CMU, metal wall panel accents and standing seam metal canopies. The future structure is required to comply with the design standards in the Architectural Standards Manual. Comprehensive Plan: The purpose of MU -R designated areas, is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use Volante Investments — MDA H-2016-0056 EXHIBIT A developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The proposed retail store should provide a regional draw and also provide employment opportunities for area residents. Retail commercial uses should comprise a maximum of 50% of the development area; the developer may be eligible for additional area under certain provisions described on page 31 of the Comprehensive Plan. Apartments exist approximately 1/4 mile to the west (Sagecrest) and to the south (Gramercy) which will assist in supporting the commercial uses. Staff recommends approval of the applicant's requested modifications to the DA provisions as modified by staff in Exhibits A.3 with inclusion of the conceptual site plan and building elevations in Exhibits A.4 and A.S. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Development Agreement Provisions from Findings 3. Applicant Proposed & Staff Recommended Development Agreement Provisions 4. Proposed Conceptual Development Plan (dated: April 12, 2016) 5. Proposed Conceptual Building Elevations (dated: April 11, 2016) 6. Legal Description of Property Subject to Development Agreement Volante Investments — MDA H-2016-0056 IC -C Exhibit A.1: Vicinity/Zoning Map EXHIBIT A L IDf E Mdgac V1 ew D r cn e C -G E Gent ry a E Griffon 5t Volante Investments — MDA H-2016-0056 5 E Promer Sl E Blume He rac�" � r Ti - R X R-40 m E Btue - X Tick Stl I a E Griffon 5t Volante Investments — MDA H-2016-0056 5 E Promer Sl EXHIBIT A Exhibit A.2: Development Agreement Provisions from Findings CCl'biCL71SI03�1� r 1. Z That all the procedural requirements of the Local planning Act and of the ordinances of the City Of Meridian have been met, including the mailing of notice to owners sof property within 300 feet of the external boundaries of the Applicant's ,property. r 2. X That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11--2-417 of the Revised and Compiled ordinance r. of the City of Meridian; that exercise of the City's vexation -authority is a Legislative function. 3. That the Planningand zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho ode, 71tle 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. 'That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the ordinances of the City of Meridian h ve been computed with. 5. That the Co fission may take judicial notice of government ordinances, and policies, and of actual conditions Volante Investments — MDA H-2016-0056 6 EXHIBIT A existing within the City and State. 6. V That the land within the annexation is contiguous to the present City Limits of the City of Meridian, and the annexation would not he a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon . the initiation oaf the City of Meridian. 8 .J That since the annexation and zoning of laud is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. Th itv of Idaho Falls. 105 Idaho 65, 6.65 P.D 1475 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 K. which pertains to the tiling of ditches and waterways, and 11-6-606 B 14, which pertains to pressurized irrigation." 10. That the proposed uses of the St. Lukes' and the State properties, determined fro>n the requested zoning, are in compliance with the Comprehensive Plan, and therefore those annexations and zonings are in conformance with the Comprehensive Plan; that the use of the peck property for a R-4 Residential use is not in compliance with the Comprehensive Plant, but the ua+e of General Detail. and Service Commerciale as requested on the dame of the hearing, would be; that whether or not the requsats by the Thomas, and the Wurets for an R-15 Residential use are in compliance with Volante Investments — MDA H-2016-0056 7 EXHIBIT A the Meridian Comprehensive plan depends on whether they are conducted under a planned unit development procedures and as conditional uses, as suggested ire the Comprehensive Plan. (E -)It is concluded as stated above in paragraph 19 of the Findings, that development in theseareas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surroundings neighborhoods; no plans were submitted with the annexation application shoring the development of the Wurs . and Thomas properties and thus it is difficult to zone the property without knowing the type of proposed development; that it is, however, concluded that the lack of plans for the property should not be an impediment to its annexation, but the development of the property must be controlled as a condition of annexation._ 12. " That the requiremexits of the )~Meridian City Engineer, the requirements of 11-9-605 G i . , planting strips, 11-9-605 8, park or open space, 11-9-605 K, linea.f open space, 11-9-605 L, pedestrian pathways, 11-9-605 N. and 11-9-606 B 14., pressurized irrigation shall be met and addressed ire --a development Agreement. 1'3 That all ditches, canals, and waterways shall be tiled and pressurized irrigation installed as a condition of annexation and if not o done the property shall. be subject to de -annexation. 1�4:.�` That the Applicant will be required to connect to P'P 9 Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Volante Investments — MDA H-2016-0056 8 EXHIBIT A Ordinance; that, as s condition of annexation, the -Applicant shall be required to enter into a development t agreement as authorized by 11-2-416 L and 11-2-417 D; that the developmerit agreement shall address this inclusion of these conclusions, and other matters, as a condition of annexation, require that the Applicant,, or if required, any assigns, heirs, executers or psersonal. representatives, Pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are stet or, if necessary, the property shall be subject to de -annexation and loss Of City Services, if the requirements of this paragraph are not met. �y 15.--- That these conditions shall run, with the land and bind the applicant, the titled owners, and their assigns. 16. with compliance of the conditions contained herein, the annexation and zoning; as requested, would be in the best interest of the City of Meridian; provided, however, that the annexation and zoning of the Thomas and Wslsl,rst properties shall be conditioned on development being conducted under Planned Unit Development— procedures and as conditional uses; it in ipecifically concluded that in this area a commercial use would be more appropriate than the R-15 proposed use that the Commission, believes however, that the use of the property is more the decision of the lard owner as long as it is in compliance with the Comprehensive Plan. 17.That if these conditions of approval are met the not property shall be subject to de-annexatioa. Volante Investments — MDA H-2016-0056 9 EXHIBIT A Exhibit A.3: Proposed Development Agreement Provisions 1. All development shall comply with City of Meridian ordinances and the Comprehensive Plan. 2. Development of the west parcel located at 2600 E. Overland Road property shall be generally consistent with the conceptual development plan and building elevations included in Exhibits A.4 and A.S. 3. Prior to development of the east parcel located at 2700 E. Overland Road, the Development Agreement shall be modified to include a conceptual development plan that is consistent with the MU -R FLUM designation contained in the Comprehensive Plan. 4. With development of the subject property, the developer is required to extend sewer & water mains to and through the property. Future development shall comply with the design standards contained in UDC 11-3A-19 and the Architectural Standards Manual and/or any updated versions thereof. Volante Investments — MDA H-2016-0056 10 PARC DESTINATION PL BLOC EXHIBIT A 6. Exhibit AA: Proposed Conceptual Development Plan (dated: April 12, 2016) E OVERLAND RD 2- a M` O Volante Investments — MDA H-2016-0056 1 I ACRES 85,000 S.F. MAJORA 485 STALLS 57011000 �y NUMBER OF STANDARD PARKING SPACES CART CORRAL # TOTAL NUMBER OF PARKING SPACES PER PARCEL - - PROPERTYlPARCEL LINE BUILDING LINE EASEMENT CONCRETE SIDEWALK I BICYCLE PARKING APN: 51117438828 FAR: 24% MAX. BUILDING HEIGHT, 32'A" ZONING: C-6- GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT TOTAL SITE AREA: 918.213 S, F.1 18.75 ACRES TOTAL PARKING AREA: 129,388 S.F. TOTAL PARKING LANDSCAPE AREA, 35,517 S,F, PARKING LOT LANDSCAPE PROVIDED. 27% TOTAL LANDSCAPE AREA: 58,588 S.F. PERCENTAGE OF LANDSCAPE', 12% PARKING STALLS REOUI RED', 170 PARKING STALLS PROVIDED, 485 PARKING STALL SIZE! 9.5'x20` ADA STALLS REQUIRED:9 ADA STALLS PROVIDED, 1D BICYCLE SPACES REQUIRED: 20 BICYCLE SPACES PROVIDED: 32 OWNER AYYLICANTIwkCHITE T: T—A TT7 _S9e.LC S 650N.AMT6GP7NNORASOGIiAITS83 EE T �JSZ W103T92 ?AONE2-31+PHONE[293W112 AA}tl1. CONTACT'. DAN ][MMF.ftM.4N CONTACT: P— 1- EMAIL: Jsimrmen,un(�Wil.vnm E-MAIL ymeggoiu�gwivcafwda.c� ECJ ALLIANCE OLYT a W LN..NE. 51E 1P0 ?BON A. WA 98502 2-116 SHONE 3d0.354N- E-MMET: HRA.Nll©N JOHNSON, PE EMAIl: bnM,m.TaNumr®ecjalliunce.cam LEGAL DESCRIPTION', BEING A PORTION OF PARCEL 1, LOCATED IN THE sW'/4 OF THE SE', OF SECTION 11, T.3%, R,1E„ B . BOISE, ADA COUNTY, IDAHO SITE PLAN SCALE: 1 "= 40'-C" ©ATE 04/1212016 w O o0 b-owp z 0In�y- sn¢ oa�o "02 ?w 3 a q to Ch O SKEET TITLE PRELIMINARY SITE PLAN NOR,N sKEEr EC. C-1 EXHIBIT A Exhibit A.5: Proposed Conceptual Building Elevations (dated: April 11, 2016) wince — - - - — FOODS V FNI ARGFn FNTRY/FMT �s E. FNI 0.RCFn FRnNT F TT 1`mn c RIGHT ELEVATION LEFT ELEVATION Volante Investments — MDA H-2016-0056 12 EXHIBIT A Exhibit A.6: Legal Description of Property Subject to Development Agreement 2600 & 2700 Overland Road Property Description A, parcel of land located in the SW 114 of the SE 114 Section 17, Township 3 North, Range 2 East, Boise Meridian, Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the 5114 corner of said Section 17 from which the SE corner of said Section 17 bears North 89°46'410" East, 2656.88 feet; thence North 041°24'05" East, 45.00 feet to the SE. corner of Destination Place Subdivision filed in Book 93 of Plats at Pages 111901 through 11192, records of Ada County, Idaho, said point being the REAL. POINT OF BEGINNING; thence along the East boundary line of said Destination Place Subdivision North 00°24'05" East, 1,181.25 feet to a point on the southerly right-cf-way lire of Interstate 84; thence along said southerly right-of-way line the following 4 courses and distances: thence North 81'35!27" East, 158.13 feet; thence South 86°1923" East, 471.33 feet; thence 696.48 feet along the arc of a non -tangent curve to the right, said curve having a radius of 1,809.86 feet; a central angle of 22902"56" and a long chord of 692.19 feet which bears 'South 7509'15" East; thence South 64°07'46" East, 23.82 feet to a point on the West boundary line of (Overland Way Subdivision filed in Book 46 of Plats at Pages 3798 and 3799, records of .Ada County, Idaho; thence along said West boundary line South 00°08'32" East, 980.83 feet to a paint an the North right-cf-way line of E. Overland Road; Them along said North right-of-way line the following 7 courses and distances: thence South 89°46'00" West, 6001.41 feet; thence North 41°30'26" West, 29,30 feet; thence North 00°24'05" East, 9.19 feet; thence South 89°59'52" West, 90.00 feet; thence South 00'24'05" West, 11.58 feet; thence South 45'33'34" West, 28.68 feet; thence South 89°46'00" West, 597.70 feet to the REAL POINT OF BEGINNING. Containing 34.62 acres, more or less. Volante Investments — MDA H-2016-0056 13