Loading...
Bridgetower Crossing Office RZ 07-018ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 52 BOISE IDAHO 05/22108 02:02 PM RECO DEQ "REQUEST 0'F III IIIIIIIIIIIIIIiIIIIIIIIIIIiII II III Meridian Cily 1 ~$059~~ 1 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Development Cotx~pany, I,I.,P, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this i~ day of I~ICI , 2008, by and between City of Meridian, a municipal corporation of the 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: 1.1 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 referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, 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 11-SB-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 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 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 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & DEVELOPMENT AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 1 OF 9 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 1.7 WHEREAS, City Council, the 18`'' day of March, 2008, has approved the City of Meridian Planning department Staff Report, set forth 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 1.8 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 1.9 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 1.10 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 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 DEVELOPMENT AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 2 OF 9 of the State of Idaho, 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 L-O, Limited Office District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: Preliminary Plat of ll commercial buildings and 1 other lot in the proposed L-O zone on I2.64 acres. The pertinentprovisions of the Cily of Meridian Comprehensive Plan are applicable to this RZ 07-018 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. 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 fa~ade 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 forth in Exhibit D. 3. Development of the property shall generally comply, as determined by the Planning Director, with the conceptual site plan submitted with MI-07-014. A minimum of 5 DEVELOPMENT AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 3 OF 9 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 Governing 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 § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVER5AL OF ZONING DESIGNATION: 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: 7.1 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. 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 ardinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assign~, 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. DEVELOPMENT AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 4 OF 9 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 recard an appropriate instrument of release of this Agreement. 11. 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 enfarceable 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. 12.1 In the event of a material breach of this 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 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 which 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. 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 AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 5 OF 9 Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 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. 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 of Fact and Conclusions of Law, 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 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: OWNER/DEVELOPER: c/o City Engineer Primeland Development Company, LLC City of Meridian 3120 W. Belltower, Suite 100 33 E. Idaho Ave. Meridian, Idaho 83646 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 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. 17. 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 (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 6 OF 9 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 of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon 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 of the Property, 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. 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 affect any of the other provisions contained herein. 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 andlor 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 connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER PRIMELAND DEVELOPMENT COMPANY, LLC By: CITY OF MERIDIAN / B ~ i2~~~ Y• MAYOR T M de WEERD ATTEST: >>~~~~u~iiiir~~~~~ . .~`~~`\ ~ ~~~~'' ;~~\`\ ~~~~,~ l,~''~p~~~, ~''~~'~ , ~ O ~ `°' ~ ~ JAYC L. HOLMAN, CITY C~,ER S~AL - = '4~ ,,~ ~ "'--,,~-s!~ r ,s~ • ~,~`,``: c~,~ a /~~''~%,~,,,~~~~ ~~~~,;,,,~~t``~`, DEVELOPMENT AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 8 OF 9 STATE OF IDAHO, ) : ss County of Ada, ) On this S~ day of i. , 2008, before me, t e undersigned, a Notary Public in and for said State, personally appeared ~l~.~L S, ~~Q-~~i , known or identified to me to be the ~~~( ~L~' Gfl~.'C~ 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 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 af Idaho ~~~ " ~ Notary Public or ldaho ~ Residing at: My Commission Expires: l ~ ~ ~ STATE OF IDAHO ) : ss County of Ada ) '~' On this ~-d day of rna , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and aycee L. 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 WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .~~M~~~1~• .• M G~ •. . ~P _- =-. . ~,~'' oTA '~~'' . ; ,~ ~~,.,~. (SEAL) : % ~~, : . ; , . . ~ ~ . . ~ ~ . . ~ ; . . ~, , . • . ~ • . ~ • ~ . • ~ ~q ~ _'~ -' ~~i •~~ 01,. ~P~~ •.,.,.• a Notary Public f,Qr ldaho Residing at: ~~n.~ c~1 wel~l ~I I~ Commission expires: ~U-~ ~~ DEVELOPMENT AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 9 OF 9 Exhibit Q- Bridgetower Crossing Office ^^ ^^ Quadrant Consulting, inc. Legai pesarlptlon For Bridgetower Crossing Subdivision No. 45 (Rezone) Rezoning from R-4 to L-O Lot 15,16 and17, Biock 36 and !ot 1, Block 39 af Bridgetower Crossing Subdivision No. 1 i, Book 95 af Piats at Pages 11$04-11805! Ada Caunty Records, lot 43,44 and 45, Block 82 ot Sridgefawer Crossing Subdivision No. 12, Book 96 af Plats at Pages 11834- 11836; Ada County Records and a portion of the Right-{)f-Way of North Linder Road, West McMitlan Raad, and North Coppercioud Way located in the Northeast quarter of Section 35, Tawnship 4 North, Range 1 West, Boise Meridian, Ada Gaunty, {daho desoribed as foNows: Commencing at the Northeast comar of said Section 35, being the Pvint of Beginning; Thence South 00°i5'17" Wesi, f3f7.40 feet along the East line of said Section; Thence North 89`99'30" West, 418.01 fee# to the Sauthwest comer of said Lot 17; Thence North 40'15'1 T' East, 131 &.35 teet to the North line of said Secffon; Thence South 89°28'07" East, 418.OU feei along the North line of said Section; Said parcei contains 12.637 acres more or less. R~v ov~. ~r .. - D~~ t 5 ~~~"' ~ ~ ~S DEPSIC CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 STAFF REPORT Hearing Date: February 26, 2008 E IDIAN~ TO: Mayor and City Council i D A H O FROM: Bill Parsons, Associate Planner 208-884-5533 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. 1. APPLICANT'S REQUEST & STAFF ANALYSIS NOTE: The Verona DA modification (MI-07-013) was previously analyzed as part of the T~erona Commercial staff report (RZ-07-017 & PP-07-022). Staff has updated the Verona Commercial staff report by removing the analysis and recommendations for the Development Agreement and incorporated the DA provisions into the subject staff repor~ Furthermore, Staff is now recommending that a driveway access and easement be stubbed to the eastern property boundary of the two office lots (east of Cortona Way) for future connectivity with the adjoining commercial property. Staff requests that an additional provision be added to the new Development Agreement being proposed with the Verona and Bridgetower Crossing miscellaneous staff report and that the subject preliminary plat conditions be consistent with that 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. 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" modifying sub-section 3.4 "Property" excluding the Verona Commercial properties (proposing to concurrently rezone from R-8 to C-G and L-O (see file #RZ-07-017) of the recorded DA for Verona Subdivision. Staff is recommending that these areas be removed from the current DA for Verona and instead be subject to the provisions of a 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.1 W. The Verona Commercial site is located on the northeast corner 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" modifying sub-section 3.6 "Property" excluding the Bridgetower Crossing Office and Commercial properties (proposing 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 from the current DA for Bridgetower Crossing and instead be subject to the provisions of a new DA with the language/restrictions provided by Staff below. 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.1 W. However, two projects (Bridgetower Crossing Office and Bridgetower Crossing Commercial) are Verona and Bridgetower Crossing MI CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 driving the DA modification. These two projects only include approximately 26 acres. Rather than modifying 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 11-SB-3.D.2 and Idaho Code § 65-6711A 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 20~', 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 modify 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 applicant submitted three concept plans for the Bridgetower Crossing Commercial project. Staff has inserted all of the applicant's conce~t,plans in Exhibit B, includinQ their preferred concept plan (conce~lan 1) and also the concept nlan recommended bv the P&Z Commission in Exhibit B(P&Z Commission concept plan). The a~plicant is asking ~ exibilitv in the number and size ofthe buildin,gs that will be allowed/required on this site, however the Plannin~ and Zoning Commission recommended approving a concept plan or the site as pro on sed bv sta~'and shown in Exhibit B. Staff is recommending approval of the applicant's request to amend the Development Agreements for Yerona and Bridgetower Crossing Subdivisions, as modified 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: • Section 3 - Definitions Modify sub-section 3.4 "Property" to exclude the areas as set forth in Exhibit C(pages 1- 6) which identify 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: • Section 3 - Definitions Verona and Bridgetower Crossing MI 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Modify sub-section 3.6 "Property" to exclude the areas as set forth in Exhibit C(pages 3- ~-4 7-14) which identifies the Bridgetower Crossing Office, and Bridgetower Crossing Commercial properties, respectively. New Verona Commercial DA 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, 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 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 side mav not require full facade treatment if there is screenin~ for the loadin ar~ea., highlighted main entrances, stamped decorative concrete, ~, accent metal roofin~. composite or tile roofing materials and variations in colors, roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-013. • A minimum of 15 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, as determined by ~he Plannin~ Directar. • The a~plicant shall nrovide cross access from the southern office lot located east of W Milano ~rive to the vacant commercial narcel east of the site [Mayor and City Council: please note Staff is 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 office lots (east of Cortona Way) for future connectivity with the adjoining commercial property.] • The Citv Council exnects some stamned decorative concrete within the ronosed develonment 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 AZ/PD, the City Council conceptually approved the commercial portion of the 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 of the 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 E~ibit 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 Verona and Bridgetower Crossing MI 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 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 Deparhnent draft a new DA for the Bridgetower Crossing Office 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 side mav not require full facade treatment if there is screenin~ for the loadin~ area.. highlighted main entrances, stamped decorative concrete, t roofs, ac en metal roofine. composite or tile roo~ng materials and variations in colors, roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-014. • Development of the properiy shall generally comply, as determined by the Planning Director, with the conceptual site plan submitted with MI-07-014. A minimum of S~buildings with no one building exceeding 15,000 square feet shall be constructed on lots associated with the Bridgetower Crossing Office Subdivision. The ma~imum allowable non-residential square footage for this development shall be ~-~8 155.000 square feet. • The development of the site shall generally conform to the concept plan in Exhibit B. • The Citv Council expects some stamned decorative concrete within the pronosed development. 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: fQr retail uses one side maxnot require full facade treatment if there is screenin _ f~or the loadin ar~ea.. highlighted main entrances, stamped decorative concrete, #l~f~, ac en metal roofine. 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. • Develo ment of the nronertv shall ~enerallv comnlv. as determined b the Plannin Director, a minimum of 4 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 $9~A 9~QQQsquare feet. • The development of the site shall generally conform to the oncent nlan l. 3 or anv combination of 1 and 3 in E~ibit B. [City Council: please note that in the concurrent preliminary plat and rezone applications, the Planning and Zoning Commission has included a recommendation to modify the concept plan for the site. Staff has attached a copy of the concept plan in Exhibit B.] • The Citv Council exnects some stamped decorative concrete within the ~nosed develonment Sta~'f'recommends that an amendment to the recorded Development Agreements for the Verona Subdivision and Brid~etower Crossing Subdivision be approved and three new DA's be recorded to govern each ofthe Commercial developments as,proposed by Cltv Staff 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.1 W. Verona and Bridgetower Crossing MI 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 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.1W. The Bridgetower Crossing Commercial Project is located on the east side of Ten Mile Road and approximately 400 feet South of McMillan Road in Section 35, T.4N., R.1 W. 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 GG and R-4 4. West: Vacant, Volterra Subdivision; zoned GG b. Adjacent Land Use and Zoning for Bridgetower Crossing Office l. North: Vacant; zoned GG 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. 11 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 e-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 11, 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 1, 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. RECOMMENDATION: 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 1 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 DEPARTMENT STAFF REPORT FOR THE I-IEARING DATE OF FEBRUARY 26, 2008 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 1. 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 Verona and Bridgetower Crossing MI 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Exhibit A - Vicinity Maps ~! J,' n;..~:_ ~. T'-~ uV ,:1va ~~'!_f: .;r ~~ ~ ~ ~ d/ Af V'~ r^~,1t C. .. . ~ ;.~~ r~t``_~,f„`~F , ~~ t: N r'~~lrR ~~ i"J C'E'Dth' C:?C1Y,^ ~T " (;~ti:'°~'~. + s 'w -' r'y _ s~ '~1 ;,i ic y ~ C >'i u!iCH,' C~'}~K ~i ~ 'J ~ ~ m~ £ir 4"i3F ?:Re Fk' ~F? ~ ~ c ~ µ +ti DlVIDF =~REEX Si Y 2 ~ r~ W' iMfiPi7D ~ 5•? ~ ~ ~ ~ z W v?iP_A7N:1 t?R L l~r f' ~ r ~ ~ `~ / //rf~%"f~~ r~ / ~ //%f/ //,~~ ~J%~f/ i r ~' j,' /1~~~ ~ ~~~„~~f ~j /J J~ ~'r, ! /. / f ~ ~/ r~ /s'~'~ i ~, / ~ ~, ' ~ ~ ,~~frr ~ ,~,•i , j;///~~r/ j ~f// v,_ ~ ~/i ',%/;'i;~~,/A~/~~f~/`~f ~ ~ j/~~ /% ~ I/~ iN' T;JR~N C` .~ ~/~r'/ , ~~',, ~,1,~' ~ ~ = ~ - ;rr~~/,;,;,,,,~,,,, ~.~.~~,, f ~/,~~i/%r~f~,/~~,/%'~;'~ ~ j ~ / ; ~ ~~~~` ~i:ff' % ~ ~ / / ~f f //~ ~ f ~ ` n~t~iJe C.7 .';i~E~~._ . _~ j ~ ~ ~ ~ ~~ ~~~ / ~ f` ' ~ f, J~fj' ,~ ~! ~, %~ j~~/j fi , '~ f`~~~~ ~ ~ ~ ~~ ~ f ./i ,~/.,% ~~~/ I!f/,! ;~`/ /~~~ / f' I /~~ ~ t ' ~'~,~,:''.,f/",~`f~~ ''~ ~ ~; ,; ~ ! ~~ - / ~ ~. % '%,%.~~1%'~-, /~~`~ ~. ' / ~,~ ~ r ~ / ~ i McM1L.tfiN ROAG ~ . ^ V(CINITY MAP ^~Quadrant ~ ~.o~-~su~t~ng, inr;. A,tJA f t'Ufr'; ti' SE(.. 2E, 7_4N, t`i -} IM1' ~~ ~iJAt (~ ~40e Vi OVEPLAMO ROAO 5 Ba~ee ~d hc 837D 4f.,8~~'~. p~G`J~Ci +:i, ~ fJATE' ?AGE: , . o ;?08; JaZ-Cd9? PwONE (10&j .f~2-U082 PnX ,._36r.°~ =;,5--C3 F ~5y;~;'zC~7 SnEE~ ~t pP ? G~Wt FNGtNFfR~VC-SUR4LriNG^CON57RUC71QY )LANAGEMEN! Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Exhibit A 2 CITY OF MERIDIAN PLANNING DEPA.RTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Bridgetower Crossing Commercial W W EL W DOC LN I-I: Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Exhibit B - Concept Plans Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 ~~''~~;:T ~r~ (~ a...~ ~EC 2 4 2~ii7 ~t~"Y' (3F' i1CE~t,iLli;~'ti P~,A~ti'~,'Li~G & Z4~~*~~~ ~ Exhibit B 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 ~ ~ ~~ ~° ~ ~ W ~ U N ~ r' ~ ~ ~' ~ - `. ~ ~ a~wir ~ ~r- ------. ~ ~ ti -- a t!1 C] O ~~ ~N ~ ~~~ ~ 4: vi N .- ~ ~ , Applidtnt'a P'r~[~r~ ~~ncept ~ ' BRIDGETQWER 7 6 PR~PQSED C-N ZONlNG AREA C~NCEPTUAL DEVEIOPMENT PLAN - VERSt4N 1 Exhibit B 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 t'I15' C11' hIGRiD},~N Fk,AtiNING I3I~YARi:titE'vT ST:11%F }itA~RT Ff)R `I}IL ki~,ARNG b~l'E Clfi FEI3Rt~.iRY 26, 200R ~ ~ ~~ ~ ~ ~ Q~fll! sII1Q,T ' , BRiDGETOWER 16 PR+DPt}SEQ C-N ZONING AREA CONC~PTUAL pEVEL~PMENT PLAN - VERSldN 3 PBcZ Commisaian Recommeuded Concept Pisn for Brid.~etower Crossing Comnierci~ L'•xhinit C3 Eachibit B ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 NOT APPROVED ~ ~ ~`~ ' ` BRIDGETOWER 16 PROPOSED C-N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN - VERSION 2 Exhibit B $ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 ~~~~ ' ' BRiDGETQWER 1 fi PROPt}SEQ C-N 20NING AREA GCMICEPTUAL DEVELCIPMENT PLAN -- VERSiQN 3 N Exhibit B 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Exhibit C - Verona Commercial ^^ ^^ Quadrant Consuitfng, Inc. Legai Descrlption For Verona Subdivision No. 4 Rezane Fram R-8 to L-0 Lots 35 and 36, Block 10 of Verona Subdivision Number 2, Book 91 of Piats at Pages ~ 0743-10744; Ada County Records and a po~tion of the Right-Of Way of Norfh Cortona Way and West McMiilan Road, located in the Southwest'/. of Section 26, Township 4 North. Range 1 West, Soise Meridian, Ada County, Idaho described as folfows: Commencing at the Southwest comer of said Section 26, thence South 88°5r8'19" East, 7039.55 feet atong the South iine of said section to the Point of Beginning; Thence North 01°OQ'S6" East, 240.22 feet along #he cente~line of said North Cortena Way to a paint; Thence continuing along said centerline 194.07 feet atong a curve to the left, said cunre having a radius of 300.00 feet, a delta angle o# 37°06'39" and a chorc! bearing and distance of North 17°3t?'S9" West,190.70 feet, Thence corrtinuing along safd centeriine No~th 36°02'S3 West, 67.24 feet ta a point; Thence leaving said centeriine South 89°30'16" East, 33.60 feet to the Northwest comer af said Lat 35; Thence continuing South 89°30'16" East, 325.06 feet to the Northeast corner of said Lot 35; Thence South 00°29'44" West, 433.02 feet ta the Sautheast comer of said Lot 36; Thence North 88"58`19" West, 24.00 feet atong the Southerfy boundary of said ~af 36 to a point Thence South fl0°29'44" West, 45.00 feet to a~int on the South line of said Section 26; Thence North 8$°58'19° West, 241.85 feet along said Sauth fine to the Point of Beginning. Said parcel contai 3.003 acres mare or tess. B l~~ p ~l ~~~ ~ ~ ~~{~~ MERIOtAi~t ?UBLiG WORKS C1EPT. ~ 19p4 w.Ovenand • Boise, iD 83745 • Phone ~208) 342-0041 • Fox {208) 3a2-0092 • Email: quadranf~~quadrant.cc Givii Engineering • Surveying • Conshuction Monagement Exhibit C -1- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 1 ~; :,'~ -.,: . .s. _ __~.~ ., : _d ~--~.n- ...~ 6 ~ _ __ ~,..~..~_. ~ _. _ .IEN tlL~£ R~a ~~.`_°` _.. - - - - - ~ ~. ~ _. ~ ~.~ MAY rap~vreiwn ~ a xw m Exhibit C -2- ,~,« ,~.._ ~«~~ ~"~~~~ `"°'•'".~ ~ VERONA SUBD/V/SION N0. 4 ~~ ~I !~ - - ~"'- REZONE EX-lIBIT A~Quodra~ SECTION 2S, 7. 4 N., R. t W., ADA COUMTY a,,,, °,,,"„~,mA " wwu« CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 ^^ Q~adrant Consulting, Inc. Legal Descriptlon For Ve~ona Subdivision No. 4 R~zone From R-8 to CrG Lot 1 and 2, Btock 12 of Verona Subdivision IUumber 2, Book 91 of Piats at Pages 14743-1U744; Ada C~unty Recards and a portion of the Right-Of-Way of North Cortana Way and West McMillan Raad, located in the Southwest'/. of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada Counfy, Idaho described as follows: Cammencing at the Southwest comer of said Section 26, thence South 88'S8'19" East, 855.00 feet along the South line of said section to the Point of Beginni~g; Thence North 00°21'49" East, 386.94 feet to the Northwest comer of sa'sd Lot 2; Thence North 89°36'SO" East, 117.34 feet to the Northeast corner of said Lot 2; Thence cantinuing North 89°36'30" East, 31.24 feet ta the cente~line of said North Cortana Way; Thence cantinuing along said centerline 157.52 feet along a curve to the rlght, said curoe having a radius of 304,00 feetf a delta angle of 30°08'48" and a chord bearing and distarrce of South 14"Q1'37" East, 155.72 feet; Thence continuing along said cente~line South 09 °QO'56" West, 240.22 feet t4 a point on the South line of said 5ection 26; Thence North 88°58'19" West, 184.55 €eet along Said South line to the Poi~t of Beglnning. Said parcel contains 1.623 acres more or less. ,~ .~,~p~ R,~,yt~, . ~Y .-~~ ~~t 12 ~~~ ~+~ ~~aKS ~~p'~~c t404 w. QverlonU • Boise. tD83705 + Phone (248) 342-0091 • Fox (208) 342-0092 • Emaii: quadranl~squodrani.c.c CivEl £nginaering • Surveying • Consfruction Mohqgement Exhibit C -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 .,, a,., ~.,...~-.~~„ ~...~ « ~„~. ~~ ~, ,~ ~ ~ u~ u'w'j nn m u o 3 °""' .tiNRO~ YOY ' M t't/ "N f 1`9L NO11035 N1°"`a"" }uO~PDn~g/S 1i81XX3 3NOZ3N ~ ^* ~ •orv Na~s~nia~ns vrvox3n ~~ w~ ~. w.~ tlNIl31NON AH/4 VItil71M~.~ N Exhibit C -4- ~. _ _ _ ~~ _.._ ~ - - - ~- ~ ati~ ,~H~ -1~. ,... °~~l _ ..v~-.~.~ a-~-,,~ __ _~~.,~ ~_~,..~>. ~ ,~. .._ ~ ..,~- _-,....~.- ._ -w.~.~ :Y-,~-, ,~ - . _ .~, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 ~~ 6tuadrant Consultin8, Inc. Legal Oescrtption For Verona Subdivislon No. 4 Rezone From R-8 ta L-0 Lot 12, Btock 40 af Verana Subdivision Number 2, Book 91 of Plats at Pages 1Q743- 10744; Ada County Records and a portion o€the Right-Of-Way of Morth Cortona Way, located in the Southwest'/4 of Section 26, Township 4 No~th, Range 1 West, Boise Meridian, Ada County, idaho desc~bed as foliows: Commencing at the Sauthwest camer ofi said Section 26, thence South 88°58'19" East, 'i 3Q1.40 feet along the South fine of said Section; thence Narth 00°29'44" East, 965.44 feat along the Easterly boundary of said Verona Subdivision Number 2, thence Narth 89°'30'16" West, 280.87 feet to the Northeast comer af saidlot 12, being the Roint o# Beginning; Thence Sou#h 11 °04'28" Wast, 104.20 feet along the Easteriy bouncfary af said Lot 12; Thence South 00'29'44" West, 110.Q0 feet to the Southeast comer of said Lot 12; Thence North 89°30'16" West, 94.54 feet to the Southwest comer of said Lot 12, Th~nce continuing No~th 89°3D'16" West, 29.77 #eet to the centerline of said North Gartona Way; Thence continuing along said centertine 72.98 feet along a curve to the leit, said curve having a radius of 200.00 feet, a delta angle of 20°90'67" and a chord bearing and distance of North 36°43'10" East, 72.57 feet; Thence North 42°49'44" East, 26,98 feet ta the Westerly boundary of said Lot 12; Thence confinuing North 42°49'44" East, 31.43 feet along the Westerly boundary of said Lot 12; TF~ence North 08'39'53" Easf, 112.60 feet to the Northwest comer of said Lot 12; Thence South 89'30'16" East, 132.00 feet along the l~artheriy boundary of said Lot 12 ta the Po€nt of Beginning, Said parcei cantains 0.669 acres more ar less. a~vi ~~J`~w" Q~T ~ ? Z~lQ7 MEtil0lAtJ PUBLtC WORKS t?EPT. 190a w. Qverrond • 9oise. ID 83705 • Phone (208) 342-0Q91 • Fox ~208) 342-0092 • Emc~iL qupdront~tquodranl.cc Civi1 Engineering • Surveying • Construction Monagement Exhibit C -s- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Nt1N7ELINQ ~ ~~ ~ss:~ ~~~--- _. __ __ . _ _~. __. r.:_.-=~,.~s_~ ~,,, ----------------- -------~----a-------.... - ;-°° ,~ `";; ,~~, {~; ~ " C a -.., '`~ Fr ~ tii I '~ ~z: _ ~~ ~ ~ Ei ~e ~i j ~ „ I ~, ~, ~~ - b „ j (~f 0 b ,.~ ~} p. il ~ ~ ~ O C~~p ~.~t ~•"` j! / :x~ . _ ~ ~~ r ~(~ ao C ;t1 C .~+ U ('} ~ c 7~~ N p ~ ~ b ~ ~'~ ~,i O -~.1 ~ $ {~~ ~'~~` . q~ A ~ n !i~ i; '~ ~ e j i+ti r ~ ~ ~ 1~~ ~f , `+ a ~ i, m `~i ~ $ ~ L~'--i--L~'~--$ ~~~ ~! ~ ' ~ t~ ~~f ~ a t o ~ ~ ~ ~ a ~,~ ^ j; ~ ~ ~' ~ li l ~ ?;~j N = ~i~ ii ~ ~ a ~~ ' _ ,~~ ~ ~ ~ `. . w o ~j ~jr - ~,+:::-.,..r::~.., o @ 7 -_ m cAi Fj N L'QRTONA WAY 1 ~. ~1 . ~ ~ ~..._..,. :I %~D. ~t c ~ i ~ ti ~ P d a ~ ~ O I P C --__J ~ ~~x ~ VERONA SUBD/VISION NQ. 4 RfZONE fXHtB1T „~,w SECTION 26, T. .t N., R. 1 W„ ADA COUN7Y a Exhibit C -6- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Exhibit C- Bridgetower Crossing Office ~~~ ^^ Qucsdrant Consulttng, Inc. Legal Descrlption For Brtdgetower Crassfng Subd(vislon No. 15 (Rezone) Rezoning from R-4 to L-O lot 15,16 andt 7, Block 38 and Lot 1, Block 39 of Bricfgetawer Crassing Subdivision No. 11, Baok 95 af Piats at Pages 118U4-11805; Ada County Records, Lot 43,44 and 45, Btock 32 of Bridgetower Crossing Subdivisian No. 12, Baak 96 of Ptafs at Pages 11834- t 4836; Ada Courrty Records and a portion of the Right-Of-Way of North l.inder Road, West McMitlan Raad, and North Coppercioud Way located in the Northeast quarier of Section 35, Tcmmship 4 North, Range 1 West, Boise Merid'+en, Ada County, Idaho descr#bed as foliows: Cammencfing at the Northeast comer of said Section 35, being ths Point of Beginning; Thencs Soutft OQ°15'17" West, t3'i7.40 feet a[ong the East line of said Section; Thence tVarth 89°19'30" West, 418A1 #eet to the Sauthwest corner of said l.ot i7; Thence North 00°i5'17" East, 1316.35 ieet to the North iine of said Section; Thence Saufh 89°28'U7° East, 418.00 feei along the Narth line of said Section; SaEd parce! contafns 12.637 acres more or less. YAI- ir ~x '4C't 1 ~ 2~C? ~'~~~s o gT~c Exhibit C -7- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 .~~~~~~~ ~y ~s~ ~:~o ~uo~Pe~^ ^ ^A ~ ~~ ~` °`~ urxiaa rrn 'Mi •a °irr i $f HOt1~3S ""'°" l18UiX3 31~W23N ~ u Sl 'OP! NO(S/rtQBfIS JNlSSO?l~ ~I3M013JQl~l9 ~ e„ ..--~~,,~ ~s ~r M.OT ,Bl .BBN F~ , ,: ~. ~ 4" t; k33d NV al~ w Jll9~- ~ j ' `" ~V~ S! t ~ t t .~ < '~`~ $ ' ~ ` Ik9 ( ~•ly/i Ll 1A3~3 .~ ; 1 f U"~ { i I ~i ~ t ,i i j; ! g ~ ( : 's ~i ~y ! ~ Li ~ ~~ ~' 1 ~ f ( f ~ ~ i ( 4 } ~ ~, i d ~; ~~ ~ i ( + ~ ~~ ~ ~ ~ i ~ ~ ; q i ~ ~ ; ~ ~ , { ~y ~ ~ ~ ~ ~ ~ ~; ~ 1 i , * ~ w r ? i _ _ _d_ . p Z t ~ Q(~p C7 , .' ~ ~ h ' ". ..._..~ .. ....- ~ ... __ ..... _ "` _..._ w Q ,.: w, J Q. ~~ 3 ^ ~ : _ ......, +~' q Vi p Q O J i~ -~ a ; i _~i ~ U t7 d vWi W ~t i : M t : 1 ~ ! ~ ~~ } ~ d ; I ~ ~ 1 i 'f f ~ 1 ~ ~ ~ € °o ~ M ~I. ~ ~~ ,, ~.~ ', ¢ ~ w r ~ ' ~ N ~ i ~ ~i ' ~ fs ' ~ ~ ~ ~ - - a t ~ ~ ° ~ E h ~ ~ ~ } ~ ~ ~' ~ ~ ' ~ ~ '._' ~y ~~ ~ ~p~ ..~~,':~' _ ..':; ...; -~$([',~fIR9C.. ~~ ~ , . ~ ~ MJ'_....... _:_. .:-~_.-_- ~ ( •~~. ~ ~ -.._.. ~ . E~ibit C -8- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Exhibit C- Bridgetower Crossing Commercial ~ ~ " __ ~r ~6Zuadranfi Consuit~ng, ~nc. E.egal Descriptlon For Sridgetower Crossing Subdivision Na 98 (C-N Rezone~ Rezane from R~ and C-G ta C-N Lot 66 thro 7Q, Btock 10 of Bridgetawrer C-ossiRg Subd~vtsion No. 7, Book S2 of Plats at Psges 108t B-10919; Ada CauRty Recorcls ar-d a{~r#~an of t~te Right-0f-Way aF North Ten Mdee Raad and W~t Quintais Drlve h~cated in the Nor#hwest quarter af Secd~an 35, Township 4'Narth, Rar~e 1 West, Batse Mertdian, Ada County, idaho mare particutarty ciesaibed as firtifows: ~Commencing at the iVarthwest comer af satd Sectian 35, thence So4th 00'S2'46" West, 443.00 feef along the Wsst ifne of sa~d sectiart W the Point of Beginnfng, 7'hence Sa,~h 89 O?'14' EBSt. 222.T1 feek along the c:enteritne of said West Quin#ate Drive; Thenre c~ntinuing along said centsriine 89.32 i~et along a curve ta the right, said curve having a radlus of 3t)b.00 feet. a delta ~ngle of 'tT03'32° and a chord beadng ~nd distanc:e of Scuth 80'35'27" Easf, 88.94~ feet; Thence currEinuing 88.54 feet atang a curve ta the teft, said cxarve having a radlus of 3ti0.Ut) feef. a tletta angte af 18'54'34" and a chord bearing and distarx~ af South $U'30`58" Easf~ 88.22 feet; Thencefleavtng said c~3Merline~ Sauth QO'52'48" West. ?86.13 feet #o tfie Southeast comer af seid Lot 7a; Thenoe Norttt S9`07'14" West. 3~8.00 f~t to ths West {ine of said 8ectian 35; Thenc~ Norkh 00'~2'46" East, 812.52 fest s~g said West iine #o the Pc~nt of Beginning. Said parr~l c~ntains 7.37 acres mare or less. VEVi `' AI. ~~~~~ ~,-:~ ~ 'f ~~7 DEC ~l 3 2~ ~n~~~ ruauc Ca~'I'Y Q'I~ ~DIAN WORlCS qEPT. ;~X~A;~NINt~ ~ Zt}NIi+~G 19D4 W. ~veAand • 9oisa. I~ 83705 ~ Phone [288E 342-0043 • Fmc (Z081342-0092 • email: auodrant@avadrant.cc • CivU Er~qineerh~g • S~rveying • ConsNuCtion Wtanagem9nf E~chibit C -9- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 ~ r ~ J O ~ a ~~._ ~ .~~gg~ ~4 i m ~,~ Q o . ~[ ~ qY : ~~Y Q ~ ~ > W~ ~ 27 2fi ~~. g 34 35 m z ~ 3 ~ "' ° r ~ ~~ mg Z ~`tGENTERLtME 0~ W. QUINTALf DRIVE W w = m ° se5' or ~4~~£ 2az.~~ e1 ~ N~ w~ ~ .___..~,_._.__-._...._ . Cz ~ M n a '~ o ~.e ~z ~ Q w ~ °- ~ ~, ~ a°o °w a ~ ~ '~''~ ~ N ? !~ { ~ Q L``~% a t~ ~ a f aca o m ~ V ~ ~ U o ~..._._._.~._.~..,....~__ ..__~..r....... ~ ~ ~ ~ w E- J } ~ Z ~ fih: ; r Z ~ N ~.." } tt;~, « ~ ¢ ~t F- d- ~ ~ ~ ~ M1 ~ Q tCl ~ ~ (iJ ~yJ (~ ~}' ~ nj ~"".'."~si~', c-~~ - ` -.--.,.,~y,~,..~.. 3 ~ ¢ s'~ M ~ ~ .,. ~ ._. ,_....~._,_.L ~.~........ ~ J • r'~ d' ~ ~ „r ~~ s. ~ d' wQ O vl 2 a G? ~ ~ N ~ ~O w w ~ g ~ ~ i!' O CJ ~ C~L' ~r'ily~ ~ {; t''S y f!~ O Q N. ` ~'' ~:)i ° ryt ~ Q O ~n , ti vr ~: Q O O o ~ ~ ~ ~7 *~ .... ..,~,_, Z _ .. . ~~.,....,,..__...,.._....._.-- _ a w ~ M u`ri ~ ~ 3 ~ ~ ~ 4 %f W ~ s ~ N ~ j V V i C~ v. ao~es~ M„~~ ,cQ .ser~ o ~ w ~ ~ u L V ' C Exhibit C -10- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 _. . _ _ ____. -- BY Vf P ~YAL _ . 'µ~ Q zv„~ ^^ QUadfant ~yVpRKS0ER~3.~G Cansulting, lnc. Legai Descrtptlon For B~idgetower Crossing Sabdivision No.16 (L-0 Rezona} Rexans from R•4 ta L-G ~ Lot 2, Blodc 10 0€ Bridgetower Crassing Subdivision No. 2, Book Sfi of Piats at Pages 9641-9843; i.ot 1~tru 3, Btock 1 of Gaifery Subdivision. Boak 93 of P[ats at Pages 11140-1 t 141; Ada County Recarcis and a parrtion of the Right-Of-Way of North Ten Mde Road and West Belitower Drive, tocated in the iVorthwest quarter of Sedion 35, Tc~nmship 4 North, Range 1 West, Boise Meridian~ Ada County, Idaho more particulariy described as follawe: Cammencing at the [~arthwest comer af said Section 35, thence Soi.rth 00'S2'46" West, 'f 255.52 feet atong the West line af said sectfcm to trie PMnt of Begtnning; Thence South 89'07' 14" East, 398.fl0 feet to the NorEheast comer of said Lot 2; Thenee South 00'52'48" West, 494.52 feet to the cer~fisrline of sakf West Betttower Dfive; 'f'henc.a Narth 89'07'14" West, 398.00 feet along said cenfedine to the West iine af said Sectlon 35; Thence North 00'S2'46" East, 4g4.g2 fes# afang said West line to ifie Patnt of Beginning. EKGLUDING 7HEREFROM: C.at 9, Block 1 Q vf Bridgetovrer Crossing Subdivision No. ~, ~ook 86 of Piats at Pagss $641-564~3~ more paRicutarfiy described as foitows: Commencing at the Narthweat comer of sa[d Se~tfon 35, thence South 00 52'46' West, 1255.52 #eet afong the WesE line of satd secttor-. thence South 89°t3T14" East, 233.00 feet, thence SouEh 04'~2'46° West, 6Q.02 feet to the Northwest oomer of said Lot 1, being #hs Polnt of Beglrtning; Thence South 88'OT14" East, 444,~ faet to tt~e Northeast ~mer of said Lot; 7hence South 00'52'46" West, 145.11 feet tu the Southeasf onmer of said Lat; Thence North 89'07' 14" W est, 14t3.0~ feet to the~ Southwesf comer of said Lat; Thence North 04°52'4~" East, 145.19 feet to the Pai~t of Beginning Said parcel contains 4.05 acres mare ar less. 19441N. Ovettand • Soke.1D 83705 • Phons (2D8~ 342-009t ~ Fdu (2A61342-0092 • Emal CivB Engineetine • Surveying ~ Comhuction Mo~ogerrient Exhibit C - 11 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 27 26 34 35 ~ N ~ ~ rf' ; ~ ~r U, ~ N tf7 r-- ~ W ~ LD ~ a # F- ~ ~ h ~ Q I C~ . ~ ~ W j J ~ ~ N f tf5 't ~ ~ ~ ` ~ r-- Z I C7 1 W L,! ~ ~ " ~ ~ ~ ~ ~ ~ M N j ~ ~ ~ v ~ l ~ W G3 J Q v {,.} l~.l c-:a m a ~ Lil <C ~.~ aa ~ O ~Y ~ ~ ~ a w s M~ ~ 3 ~ r~ S89' 07' 14"E 39$.Ot3 233.00 ~.' ~'' ~j ~ ~ SO' S2' 46'W ~"'~ ~; ~ z ~' ~ f, z ZZ 60.d2 i~ ~.'?~" ,~ ~ ~, ~, a v ° sas• o~' ~a^E ~ ~~ao ,~.____._~? ~ ~ z._...__ ~m w _ 74 .00 p < f iv ~ 3 ~ O ~ ~ z ~ ~ ~ ~) ~ ~ ~ t(7 ~ ~ ~ ~......,_...._~ 0'04 t cr d' \ M trt ,CO .6BN ~ ~ : , ~ p - u . _._ ~ ......,.._....____- --- ~ ~ ~ ~ 1 ~ ,.._,_,~y.~._,...,..,_.».,_.___. ° ~ ~ `r w z /' ~ N ` ~ N ~ ~ ~ ~ F' ~ ~ Qrn V / ! J ~ " t 4~•O~Z ~a1a~Y ~ iLIJ •cJZSIV ~ 31112}0 2~3MOll~f38 'M ~Q 3NI12i31N3~ z ~ ~ H 6 mg ~ W 3 ~ ~ w ~ a~ O ~ ~ ~ ~ 0. 0 W R ~ ~{ ~ U ~ Exhibit C _ 12 _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 ~ ~ %~ QuadrQnt . Consutttng, Inc. ~_.. ,' . . L~el De$crtption For Hridg~cwer t~cssing 3ubdtvtston No. i6 ~ (L-O Rezqn~if Reza~ne from R-4 tp L-0 L.o# 3, Btad~ B ot Bdd~wwer Crosstng Subd'n~iaslon No. 2, Sook 88 aF Aiats at Pages ~ 964#=9643; Ada County Recorda antf a por~or~ ot #~e Right-Of-Way o~ North 7en Mile . i~ad, lo:cafsQ in the fVorth~vest quarter of 3ection 35~ Toi~mshtp 4 lVotth~ Range,l West, ~&~se Mertdtan, Ada Cciunty, Idaho rnore parNc:utarly descr~bed as fdbws: Cor~r~etng at the Not~est oomer of ssid Sectfon 95, thence 8outh 00 52'46' West, ~ 2U14.b9 f~et atong the West tl~a of said ~ction to tha Poft~ of Beginn[ng; ~'I'~ertce Sauth 89'OT~t4' I~asf~ 398.00 feef to ths Northeasf corr~er of satd Lot 3; 't"f~encs So~ 00'62'~6" Weat, 200.00 feet to the Soutl~~t comer of said L.Qt; Thence NcrtFt 89'07ri4° West, ~98.00 faei to the West Ikie of saki Seation; ~ j Thenc~e North 04'S2'4B" East, 200.~l0 feat atong sakt West tirre to the Polnt of ~ 8e~qi~trelitg. 6~W ~1 t~tQir~ 1.89 acres mare or ~s. R81t! . APRtS~-rAL BY-y~~ , ~ . .~ ~ k °~ri ; ~wp KSOEPT`~ t.,.~^~~ , 1904 w. OveAar~d • 8otse<iCi ~3706 t Prions {~OB} 3g2-0OSi • ta~c (1oe) 342~Q092 •~: A~+tQq,uo~ront.cc ` ~ ~!~A • ~n8 • ConShuGtion ManoBement Exhibit C - 13 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 ~ ~ ~ H ~ ~g ~~ $~ d~ ~ r' a ~ ~ ~ ~ ~ o _ W ~ ~ ~ g . ~ v .z s:+~-..~s .. . Exhibit C - 14 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Exhibit D - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Exhibit D - 2 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 E~ibit D - 3 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Exhibit D - 4 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 f Exhibit D - 5 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 E~ibit D - 6 - ~~ ~.<<6~~ ~ ~~c~, r-v~;D DE~ 2 4 209~ ~1TY' ~~' ~'(~KiU1r~:sti PLA141`L~;G & Zt'ltit'+rCd ~ Exhibit D - 1 - Exhibit D - 2 - E~chibit D - 3 - E~ibit D - 4 - Exhibit D - 5 - Exhibit D - 6 -