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Meridian Town Center AZ 07-012ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 86 BOISE IDAH012l09/08 11:02 AM DEPUTY lficla Allen ~~ ~ ~ ~'I~ ~~ I~ ~ ~ ~ II ~~'~:~'~~ ~ ~~ ~~~~ ~~ ~'~~ ~ I~~ RECORDED-REQUEST OF 108131103 ' Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Meridian CenterCal, LLC, Owner/Developer SF THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~~ day of 1~~01(P!M~P Y 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called City, and Meridian CenterCal, LLC, whose address is 7455 S.W. Bridgeport Road, Suite 205, Tigard, Oregon 97224, hereinafter called Owner/Developer. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law andlor equity, of certain tract of land in the County of Ada, State of Idaho, described and illustrated in Exhibit "A" which is attached. hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and , 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-SB-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation. and/or re- zoning of land; and 1.4 WHEREAS., Owner/Developersubmitted anapplication for annexation and zoning of the Property requesting a designation of zoning district C- G, General Retail and Service Commercial District, under the UDC and generally describing how the Property will be developed. and what improvements will be made (as generally depicted on the Conceptual Site Plan attached hereto as Exhibit "B"). 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 1 OF 24 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 & 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, on the 22°d day of January, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order (the Findings); and 1.8 WHEREAS, the Findings require Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; 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 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 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 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: DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 2 OF 24 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 Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers Meridian CenterCal, LLC, whose address is 7455 S.W. Bridgeport Road, Suite 205, Tigard, Oregon 97224, 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 real property located in the County of Ada, City of Meridian described and illustrated in Exhibit "A", 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 include those uses allowed in the approved C-G zone as indicated in the table attached as Exhibit "C" (excerpted from the UDC as it exists on the date of this Agreement). Any uses added to the applicable zone by any future amendment to the UDC shall be allowed on the Property. 4.2 Owner/Developer shall develop the Property generally in accordance with the Conceptual- Site Plan in Exhibit "B", as it may be modified from time to time, and with the conditions set forth in Section 5 herein, unless otherwise modified by this Agreement. The parties acknowledge that the Conceptual Site Plan is conceptual, reflects early stage planning, and involves a large project with dynamic components. Consistent with the Findings, this Agreementaffords Owner/Developer the flexibility to tailor the particular distribution and configuration of uses to meet actual market demand at the time of development, so long as the development is generally consistent with the Conceptual Site Plan. A. In determining consistency with the Conceptual Site Plan,. the Planning Director may allow a plus or minus 20% change in square footage for any building or collection of buildings. The Planning Director has the discretion to allow a change in excess of 20% where OwnerfDeveloper supplies adequate data to demonstrate the change does not increase transportation impacts DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 3 OF 24 or impacts on adjacent uses beyond the levels contemplated with the Conceptual Site Plan. B. Relocation and reconfiguration of buildings shall be allowed provided that the impact to adjacent properties remains the same or is less than that depicted on the Conceptual Site Plan and provided that the integrity of the Conceptual Site Plan remains substantially equal or better. For example, the buildings that form a central plaza may be relocated if the plaza amenity is substantially equal or better in size or character than originally depicted. 4.3 If an amended Conceptual Site Plan does not meet the requirements of Section 4.2, then Owner/Developermay berequired toget City Council approval of a modification to this Agreement for a new conceptual site plan. 4.4 Owner/Developer shall provide the Planning Director with any updates to the Conceptual Site Plan as available and updated from time to time as the Conceptual. Site Plan is modified by the Owner/Developer as provided herein. 'The Planning Director shall keep the current version of the Conceptual Site Plan on file and available to the public. 4.5 The Property and any additional adj acent property as may be acquired by the Owner/Developer in the future shall be governed by this Agreement. The Findings that have been approved by the City Council have been incorporated into this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: Owner/Developer shall develop the Property in accordance with the following special conditions. This list of special conditions is intended to include all conditions and requirements applicable to the Property as a condition of annexation and zoning. 5.1 All structures on the site shall be subject to Administrative Design Review in accordance with the following standards (quoted from UDC § 11-3A-19C and 11-3A-19D as it exists on the date of this Agreement, except that internal buildings shall not be subject to the 8-foot wide pedestrian pathway requirement from the perimeter sidewalk to the main building entrance) and shall not be subject to subsequent amendments of the UDC. C. Standards: Architectural Character: DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENfERCAL PAGE 4 OF 24 a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roofline recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary Public Entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roo, flines: Roof design shall demonstrate two (2) or more of the following: 1) overhanging eaves; 2) sloped roofs; 3) two (2) or more roof planes; 4) varying parapet heights; and S) cornices. d. Pattern Variations: At least two (2) changes in one or a combination of the following shall be incorporated into the building design: color, texture and materials. e. Mechanical Equipment: All ground level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color And Materials: Exterior building walls shall demonstrate the appearance of high quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials. Smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Parking Lots: No more than seventy percent (70%) of the off street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal .building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. 4. Pedestrian Walkways: a. [omitted] b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER.-MERIDIAN CENTERCAL PAGE 5 OF 24 c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. d. The walkways shall have weather protection (including, but not limited to, an awning or arcade) within twenty feet (20') of all customer entrances. D. Alternative Compliance: The director may approve, or recommend approval of, an alternative compliance proposal in accord with chapters, "Administration", of this Title [the UDC], when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this section and shall not be detrimental to public health, safety, and welfare. 5.2 Owner/Developer currently intends to develop 200,000 square feet of residential uses on the Property. Such residential uses may be moved to a different location than depicted on the Conceptual Site Plan, may occur in later phases, and may be modified to meet actual market demand at the time of development. If the Owner/Developerchooses toremove all of the residential from the project, they will need to obtain approval from City Council for a modification to this Agreement. Additional vertically integrated housing shall be allowed without triggering the need for a modification to this Agreement. 5.3 Subject to Section 4.2, the general configuration of the shops around a plaza. area(s) shown centrally on the east side of State Highway 55/Eagle Road shall not substantially change. Amenities such as a water feature, benches, on-street parking, vertically integrated buildings, stamped and/or colored concrete crosswalks, and a mix of restaurants, retail, office and should be provided consistent with this Agreement. 5.4 Across-access agreement shall be required that benefits all businesses within the Property and the property bounded by the Property line to the north and by Records Road to the east, unless the referenced properties are both owned by the same owner at the time this Development Agreement is adopted by the parties. A recorded copy of said agreement, if required, shall be submitted to the Planning Department prior to or concurrently with the first Certificate of Zoning Compliance application for this site. 5.5 The applicant is required to comply with all ACI-ID and IT'D conditions. City will not sign off on any occupancy cards without first receiving DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 6 OF 24 ACHD's signature and sign-off. All applications on the Property are subject to ACHD's project specific comments, regardless of the type of application (i.e. conditional use permit, certificate of zoning compliance, etc.). No details related to access to the Property are approved with the subject annexation and zoning approval. The proposed access locations on the major arterials will be as approved by ACHD and ITD. 5.6 Owner/Developersball dedicateright-of--way and improve the extension of Records Road and E. River Valley Street in accordance with ACHD requirements at such time as Owner/Developer develops the portion of the project adjacent to each road, except that Owner/Developersball not be responsible for improving the extension of these roads or the utilities therein if such improvements are accomplished by or through agreement with an adjacent landowner. No certificate of occupancy shall be issued until the road improvements are substantially completed and functional for that phase. In the event that Records Road extends from Fairview Avenue to L7stick Avenue, the timing with regard to constructing E. River Valley Street may be re-evaluated by the City Council. Additionally, Owner/Developer shall make such right-of--way available immediately (but without improvements) at any time the City and/or ACHD is willing to accept the right-of--way, such as if an adjacent property owner makes required improvements. Such right-of-way as required herein shall beconveyed byOwner/Developer in the form of a deed to either the City or such other jurisdictional agency upon the request of the City. No compensation shall be required from City or ACHD for such right-of--way unless permitted through the STARs legislation, Idaho Code § 63-3641 ("STARs"), as amended. 5.7 Structures and parking areas shall comply with the entryway corridor design standards, per UDC § 11-3A-19C. 5.8 Consistent with Section 5.11 herein, Owner/Developersball construct a ten-foot (10') multi-use pathway within a public use easement and pedestrian-level streetlights and landscaping consistent with Exhibit «D„ 5.9 The internal circulation system for the development shall include one or more north/south connections from Fairview Avenue generally to the northern boundary of the Property, or completed boundary of the project at that time. These can be public or private roads. The road should provide a safe pedestrian route (5-foot wide sidewalk).. The road should also safely move traffic throughout the site and discourage speeding through the parking areas. The internal circulation system may be phased as appropriate to provide adequate access. and circulation for the structures being constructed. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 7 OF 24 5.10 Prior to Certificate of Zoning Compliance approval, Owner/Developer shall submit a plan showing safe pedestrian routes at regular intervals within the site. These routes should extend east/west as well as north south. The pedestrian system may be phased as appropriate to provide adequate pedestrian access for the structures being constructed. 5.11 Owner/Developer has offered to construct certain off-site road improvements to Eagle Road, subject to the express condition that Owner/Developer be allowed, on conditions acceptable to the Owner/Developer, to obtain full reimbursement pursuant to the STARs legislation. In the event Owner/Developer is not permitted to obtain full reimbursement pursuant to STARS, or elects not to make such improvements, Owner/Developer Shall not be required to construct any off-.site improvements except as necessary to provide access to the Property. This does not negate Owner/Developer's obligation to improve the frontage of the annexation site as noted in Section 5.12.. 5.12 Subject to ACHD and ITD approval, Owner/Developer shall improve Eagle Road along the frontage of the Property generally in accordance with the improvements shown in the attached Exhibit "D". These improvements may include capacity improvements and any related drainage facilities, landscaping, medians, and pedestrian-level lighting. Where there is space in the median, Owner/Developer will work with the City Pazks Department on an appropriate planting scheme, provide irrigation, and install the landscaping. 5.13 Owner/Developersbould work with the adjacent developers to the south (Developers Diversified) regazding their offer to shaze traffic and general knowledge of the azea. 6. CITY PROCESSING: The City acknowledges that, at times, this project will place extraordinary demands on the City's staff and that prompt processing of plans and permit requests is critical to the success of the project. The Developer will endeavor to provide complete application containing such information as necessary to allow for the timely review and processing of their plans. If the submittal is deemed complete or acceptable with deferred submittals such as mechanical, electrical, plumbing, etc, the City agrees to take all reasonable measures to allocate staff or retain third-party contractors to process plans and permit requests related to the project so that Developer and its tenants can maintain their construction schedule. If necessary the parties may enter into a separate agreement to collect reasonable additional fees 6r contract to pay the additional expenses incurred by the City to meet the Developer's demands. The City also agrees to designate a specific staff person to address Developer's issues as they arise and to assist with keeping this project on schedule. 7. COMPLIANCE PERIOD: This Agreement must be fully executed within one (1) year after the date of the Findings or it is null and void. DEVELOPMENT AGREEMENT (AZ 07-0I2) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 8 OF 24 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 City that apply to said development. 9. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 9.1 Acts of Default. Either party's failure to substantially comply with the terms of this Agreement shall constitute default under this Agreement. 9.2 Notice and Cure Period. In the event of Owner/Developer'sdefault of this Agreement, Owner/Developer shall have thirty (30) days from receipt of 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. 9.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 9.2, 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. 9.4 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 DEVEL- OPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 9 OF 24 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. 9.5 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. 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'seost, 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, City shall execute and record 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. SURETY OF PERFORMANCE: City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure that installation of the improvements, which Owner/Developer agrees to provide, if required by City. 13. CERTIFICATE OF OCCUPANCY: Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless 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 City. 14. ABIDE BY ALL CITY ORDINANCES: Owner/Developer agrees to abide by all ordinances of the City of Meridian, unless otherwise provided in this Agreement. 15. 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: DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN. TOWN CENTER -MERIDIAN CENTERCAL PAGE 10 OF 24 CITY: OWNER/DEVELOPER: c/o City Engineer Meridian CenterCal, LLC City of Meridian 7455 S.W. Bridgeport Road, Ste. 205 33 E. Idaho Ave. Tigard, OR 97224 Meridian, ID 83642 with copy to: with copy to: City Clerk Gary G. Allen City of Meridian Givens Pursley LLP 33 E. Idaho Avenue P.O. Box 2720 Meridian, ID 83642 Boise, ID 83701 15.1 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. 16. 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. 17. 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. 18. 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 Owner/Developer so long as Owner/Developer owns 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 ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, determines that Owner/Developer has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 11 OF 24' 19. 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 of this Agreement, the parties hereby agree to cooperate in defending such action or proceeding. 21. 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. 22. 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, All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. 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. 22.1 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 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. 23. 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. [End of text; Signatures with Acknowledgements and Exhibits A-D follow], DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 12 OF 24 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER MERIDIAN CENTERCAL, LLC By: de WEERD .~ ATTEST: `~~~ G~~ ~ _Q~,, r ti ~. • ~ JAYCE AN,~C ~ERK ,~~~ O ,,,,,,, cou~Y , \\,,,,. ~rnrrrr~-i ----~~~ DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 13 OF 24 STATE OF IDAHO, County of Ada, ss On this 1`~~ b ~_ day of , 2008, efore me, the undersigned, a Notary Public in and for said State, personally appeare 'i 'n ~ , known or identified to me to be the '~Q,M~.~-r of Meridian Cent rCal, LLC, 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. ,,,~ O ~' • •° t (SEAL; ~,° •RO ~`~ - ~ f ,~~' / u : < Notary P ~i~i~r Id o ~- ~.: D y ~ _ ~ : z Residing a~ Q°~ %dv Z• +~•~~ My Commi~s`~~xp~~s. ~, ~'•. ,. ••'••....•'~,~~•.•'~, ,~'•,9~F Q- , .• OF D ~ •. STATE OF IDAHO ) ): ss County of Ada ) On this Z.r"J~ day of t~0 ~e-ml~.r , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee Holman, know or identified to me to be the Mayor and City 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. (SEAL) •,••.~±o °A ~••~ • `~ ,f.`. • ~ i' ~ ~ 1 i ~- ~ .. ~ ;" ~ `• ~,_ ~ •• • ~. ~ - a: Notary Public for Idaho Residing at: ('0~~0~ u.~~ ~ ~ 117 Commission expires: 9 0~ l I -l I DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 14 OF 24 EXHIBIT A Property Legal Description and Depiction [©00 D E S I G N I N C. Boundary Description of New Parcel la ' ' for Meridian Centercal, LLC Job No. 6077070.00 A pazcel of land situated in the southwest quarter of Section 4, Township 3 North, Range 1_' East, Boise Meridian, Ada County, Idaho, being more particulazly described as follows: Commencing at a brass cap marking the southwest comer of Section 4, Township 3 North, Range 1 East, Boise Meridian; . PLw~~~„° .Thence N00°10'43"E, 2618.49 feet along the west line of the southwest quazter to a brass cap mazking the west quarter-section corner of Section 4; Thence N89°51'O.I,''E, 70.00 feet along the north line of the southwest quarter to a brass cap on the.east right-of--way line of North Eagle Road, the POINT OF BEGINNING: ~,,,,L Thence N89°51'01 "E, 1237.95 feet along the north line of the west half.of the E„°~„""~„° southwest quarter of Section 4; ' a Thence S00°08'50"W, IS2.63 feet; • Thence 16.85 feet on a curve to the right, having a radius of 511.67 feet, a central LA„°etwv[ A"C„ii HCi~x6 angle of 1°53` 12", a chord bearing of SOl°05'26"W, and a chord length of 16.85 ~ , feet; ' " • Thence S02°02'02"W, 720.47 feet; L.„° Thence 381.38 feet on a curve.to the left, having a radius of 488.33 feet, a central 50"°"• angle of 44°44'49", a chord bearing of S20°20'22"E, and a chord length of 371..76 . feet; , Thence N89°49' 17"W, 1344.74 feet to the. eastright-0f--way line of North Eagle Road; . S Thence N00° 10'43"E, 1260.65 feet alongthe east right-of--way line of North Eagle ~ Road to the POINT OF BEGINNING. ~ c d ~ 7~ . The above-described pazcel contains 35.85 acres, more or less. ~'j ~/C f t)F ~ ~ ~' ~ Subject to any existing easements or rights-of--way of record or appazent. AEL S. - 1173~Easl Winding Creek Drive Eagle, ID ~ ~ ~ ~ , ~OH 208/246.8300 FX 208/246.8320. ~ , , www:wrgdesign.com ~ ~ .. ~ ~ ~ ~ ~:vrxw.wrgdesign.com ~ page 1 of 1 _ .~ , DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 15 OF 24 nesrst'o1-E yo.oo• ~ Pofnt o! Bplanfnq 5 t. 3 B . Legend - Baaneay Line ~ - _-- - motion ~,. o - Evielinq R'gnt-of-Way Line -Section Cemx !.1 - amter-Secton Comer O - Properly Cana I Parcel 1 a 35.85 Acres t ~~ ~I «~ I lY w 1 ~----------__ lire Tebb _-_-----_--------i--_---------------_--. O 1 une Bearl Len LI ~' 'ly Quve Tatle i Cum alb Badlw Crone Bead 'cnav V ct c: 0 ~ o`` < I ~O ~' ~ ~ ~ 9 I ~ ~ O~/~o ~ ~~q~ s~~e ~`~ 5~4 '' ---------------------------------1------- ©®0 New Parcel~1a EExph/~ibpit~ ~~ ~• sono~ooo O ^ • 1 O N 1 N O. ilAeridian TOn~ 1 WI ~t~11 DBt& O~/~~ tt19ENPoi9ipQgttOtA Ey4_D 89818 ~~~V~ ~V~ ~/' P.000~ r~ aB9aaeB9oo RaL 2082C8897A Mxidan Cent6ZCel. LLC SC.ale~ P -350' nr...cp~..lwawe.naawn. aaa+os C9y Ot~UMrfdr-kYla ~ Sheet tilC 1~~t' r. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 16 OF 24 ©0~ D E S I G N I N C. ' Boundary Description of New Parcel lb for Meridian Centercal, LLC Job No. 6077070.00 ' A pazcel of land situated in the southwest quarter of Section 4, Township 3~North, Range I East, Boise Meridian, Ada County, Idaho, being more particulazly describecj as follows: - ~~ Commencirig at a brass cap marking the southwest confer of Section 4, Township 3 North, 111 R~ Range 1 East, Boise Meridian; ""° Thence S89°46' 17"E, 2023.25 feet along the south line of the southwest quarter; P`"""'"° Thence N00°13'43"E, 52.81 feet to the north right-of--way line of East Fairview Avenue, the POINT OF BEGINNING: Thi:nce N89°59'29"W, 777.49 feet along the north right-of--way line of East Fairview . ~~„ Avenue to a 5/8 inch rebaz; _ E"ci"eew~NO _ ' ~ Thence S00°00'31"W, 5.00 feet along the north right-of--way line of East Fairview Avenue to a 5/8 inch rebaz; Th N89°59'29"W n 63:1 00 f t l h rth i h f li f E F i i e ce ; . ee a ong t e no r g --way t-o ne o rv ast a ew ~•"°a="oe anc"irecru ae~ Avenue to a 5/S inch rebaz; ~ , • , Thence N00°00'31"E, 10.00 feet along the north right-of--way line of East Fairview Avenue to a 5/8 inch rebaz; . "~° Thence N89°59'29"W, 85.91 feet along the north right-of--way line of East Fairview S~".,.eY Avenue to a 5/8 inch rebaz; Thence N85°18'52"W, 122:64 feet along the north right-of-way line of East Fairview . . Avenue to a 5/8 inch rebar; " °TeR Thence N89°59'29"W, 217.51 feet along the north right-of--way. line of East Fairview SG9 Avenue to a 5/8 inch iebaz; . ' o ~ o Thence N57°25'03"W, 129.24 feet along the north right-of--way line of East Fairview a 3`4~y 7D Avenue to a brass cap on the east right-of-way line of North Eagle Road; ,1~ ~'q f o~ o~y ~ Thence N00°I O'43"E, 657.35 feet along the east rigfit-of-way line of Nortlnt Eagle ~/cjy ~y2 AEL S. Road to a brass cap; 1173 EastW(ndingCreek Drive. Eagle,,ID TheIICe NOZ°06'43"W 250.20 feet alon the east ri,,{,t of-wa line of Norih Ea..1e ~ g~" - y k e3sis . Road to a brass cap; PH 2O81246.8300~ .. F% 208/246.8320 www.wrg0esign.cam. www.wrgaeslgn.com ~ ~ Page 1 of 2 DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 17 OF 24 New Pazcel Pb continued... Thence N00°10'43"E, 272.29 feet along the east right-of--way line of North Eagle Road to a 5/8 inch rebaz on the south line of the north half of the west half of the southwest quarter; Thence N00° 10'43"E, 48.74 feet along the east right-of--way line of North Eagle Road; _ Thence S89°49' 17•"E, 1344.74 feet; • Thence 16.69 feet on anon-tangent curve to the left, concave easterly; having a~ radius of 488.33 feet, a central angle of 1°57'31", a chord bearing of S43°41'33"E; ,and a chord length of 16.69 feet; Thence S44°40' 18"E, 649.89 feet; Thence 118.2 ] feet on a curve to the right, having a radius of 511.67 feet, a central angle of 13° 14' 13", a chord bearing of S38°03' 12"E, and a chord length of 117.95 feet; Thence N89°59'29"W, 13.73 feet; Thence 281.58 feet on anon=tangent curve to the right, concave westerly, having a radius of 500.00 feet, a central angle bf 32°15'58"; a chord bearing of S16°07'22"E, and.a chord length of 277.87 feet; Thence S00°00'37"W, 475.04 feet to the POINT OF BEGINNING. The above-described parcel contains 53:94 acres, more or less: Subject to any existing easements or rights-of--way of~record or apparent_ ©0~. Page.2'of 2 o E S 4 G N I N C. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 18 OF 24 i ~ 5~4 Legend ' ~ - - -fabling Rignl-of-woy Uro . G(7~ - Seclkn Comer (} - Ouorla-sxl'wn Coma p - vropaty coma --- -------~ I ~ u Porcel ib ' $ ~_ a 53.94 Acres t iro redo lAw i o LI 1Y R u - w u 11 V lB 'Y )' S.. ~ I ~g . = Vafnf of BsG~~D 1 3333k Lt 5~4 ", ~ . xoo•~~w-f uei ___-------_ ---~----_-_----T----_ --- 8 9 fen roa.r.. awnw seru•~Yf ToTASs - _ --- ---• O® 0 New Parcel 1b Exh ib it ~~ ~• sono~°.a D ^ ~~ 1 O N~ 1 ~ p ~ N O . ~ ~w.wi~an Town Ce ~ ~ ~ t Dates 07/-° w 11 ~i1 ja W' a ~aV ~Y F.000pB~ tt19EWMVpeekQM9 Eed48) &486 l1C ce~~~d SC818~ P -350' rep xoaaaessoo Fee 2oaaaea4ao . ~.~.~...~..~ cy a urla~q wYo sheet Alo. 1011 girva took CuM GsIM Radao QIOIIS. Chad Cl • S CZ 8 8.Z • CS DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER - MERIDIAN CENTERCAL PAGE 19 OF 24 EXHIBIT B Conceptual Site Plan ~~ ~: v> ~~ U ~L DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 20 OF 24 EXHIBIT C Use Tables Use C-G Animal care facility' P Artist studio' P Arts, entertainment or recreation facility, indoors' P Arts, entertainment or recreation facility, outdoor stage or music venue C Arts, entertainment or recreation facility, outdoors' P Building material, garden equipment and supplies' P Cemetery' - Church or place of religious worship' P Civic, social or fraternal organizations' C Daycare center' A/C Daycare, family' A Daycare, group' A Drinking establishment' C Drive-through establishment' A/C Education institution, private' P Education institution, public' P Equipment rental, sales, and service' C Financial institution' P Flex space' P Fuel sales facility' P Fuel sales facility, truck stop' C Healthcare or social services P Hospital' C Hotel and motel' P/C Industry, information' P Industry, light' C Laundromat' P DEVELOPMENT AGREEMENT (AZ 07-Oi2) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 21 OF 24 Use Laundry and dry cleaning Mortuary Multi-family development Nursery or urban farm' Nursing or residential care facilityl Parking facility Parks, public and private Personal or professional service Public, infrastructure Public or quasi-public use' Public utility, minor Recreational vehicle park Restaurant Retail store Storage facility, outside Storage facility, self-service' Temporary use Vehicle repair, minors Vehicle sales or rental and service' Vehicle washing facilityl Vertical integrated residential projects Warehouses Wholesale sales Wireless communication facilityl Wireless communication facility, amateur radio antenna Note: C-G P P C P - P P P C P P P P P A C A P P P P A A P/C A 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of the UDC. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 22 OF 24 EXHIBIT D Visual Depiction of Roadway Improvements DEVELOPMENT AGREEMENT (AZ U7-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 23 OF 24 ~~ ~. ,, ~ ~ ~ j ~ I j (~ ~ ~~ ~ i ~ a):- .- ~ . ~ .~ r %; ~ L.. I ~ L . ~ ~ ~ ~w.. C k : . .. MI ( p m c0 . i ~ ~€ {{ O. ~ (, O. v € ~` it ~ ~O~„ ~ ~ ~41~ i f. ~ ' 4' ~ ~ i ~: _ 4 ' t CP~S2F4118-CA/BK CP12F5148-CA/BK CP14F5118-GAWK Utility Arlington Utility Arlfig4on Utility Arlington ~' 3 ' ve,A~cvr as c. rs ovc amr~r ro 'asnr+. ~roa ceu..e.vio ~zou cma_ xa ' € ~~.>~~n~ar ~~ -~ ' ~ FIOLOPMAIMEa ~~ urn ~ ~ - LF,:.D'c R.l`1 LlGHTIh'GSOLUTIO(;5 ~ ~mEG 4 Diu+r`.w+~ '~ v~aY So-~m anA.nx=.: An WcvltyBlandsCoinpnn~ ¢ < City of Meridian... j ` DHtV: BHH '. DA v-~?-v4 PACE ~. t P.c l: ' ` ,,z ~~ i DEVELOPMENT AGREEMENT (AZ 0'7-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 24 OF 24 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ TAN~- ~J In the Matter of the Request for Annexation and Zoning of 258.39 Acres from RUT & R6 (Ada County) Zoning Districts to the C-G (General Retail and Service Commercial) Zoning District, for Meridian Town Center by CenterCal Properties, LLC. Case No(s). AZ-07-012 For the City Council Hearing Date of: January 8, 2008 (Findings on the January 22, 2008 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated. by reference) 2. Process Facts (see attached Staff Report for the hearing date'of January 8, 2008, incorpor-ated by reference) 3. Application and Property Facts (see attached Staff Report for the;hearing date of January 8, 2008, incorporated by reference) i 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the.powers conferred upon it iby the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant t'o Meridian City Code § 11-SA. CITY OF M£RLDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(Sj. AZ-07-012 -I- 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 apps val 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 Planning Department, the Public Works Deparrinent and any affected party requesting notice. j 7. That this approval is subject to the Legal Description, Conceptual Site Plan, and the Conditions of Approval ail in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval,; of the application. .C. Decision and Order j Pursuant to the City Council's ,authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which .are herein adopted, it is hereby ordered that: ~I 1. The applicant's Annexation and Zoning request as evidenced by having submitted the legal description and exhibit map, prepared by Michael Byrns,i dated 8/20/07, is hereby approved per the provisions i~n the Development Agreement; 2. The property described in the Annexation & Zoning legal description shall be zoned C- G as recommended by Staff and approved by the City Council; and 3. A Development Agreement is required with approval of the subject annexation & zoning application and. shall include the provisions noted in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference. D. Attached: Staff Report for the hearing date of January 8, 2008. I CITY OF MER]DIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-012 _2_ By action of the City Council at its regular meeting held on the ~i2 ~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED_~~~ COUNCIL MEMBER JOE BORTON VOTED_ '~~- COUNCIL MEMBER CHARLIE ROUNTREE VOTED_z COUNCIL MEMBER KEITH BIRD VOTED__~~- TIE BREAKER MAYOR TAMMY de WEERD VOTED ~ DE WEERD ATTEST: r~ i o ~~a`~L ,~ ILLIAM G. BERG, JR., IT @ ~ , ~~ ` T 1S ~. ~~ ~~ Di~(VT~f . Copy served upon: v pplicant 'ng Department blic Works Department City Attorney B Dated: ~ -2~~ ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-01'2 -3- CITY OF MERI'D1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]ANUARY 8, 2008 STAFF REPORT .. HEARING DATE: January 8, 2008 w E' IDIAN TO: Mayor & City Council _ fDAHO FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: Meridian Town Center • AZ-07-012 Annexation and Zoning of 258.39 acres from the RUT & R6 (Ada County) zoning districts to the C-G (General Retail and Service Commercial) zoning district. • VAR-07-017 Variance to IJDC 11-3H-4 which prohibits new approaches from directly accessing a state highway at points other than the section line road and the half mile mark between section line roads; Applicant is proposing 4 right- inlright-out access points (2 on each side of State Highway (SH) 55/Eagle Road) and 2 right-in/right-out/left-in access points (one on each side of SH 55). 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, CenterCal Properties, LLC, has applied for Annexation andl Zoning of 258.39 acres from RUT and R6 (Ada County) zones to C-G (General Retail and Service Commercial) zoning district. (This is the annexation area, the actual property is approximately 244 .acres.) A Variance is also requested to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway at points other than section line roads and the half mile between :section line roads. The Applicant is requesting, approval for 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road and 2 right-in/right-out/left-in access points, one on each side of SH 55/Eagle Road located approximately '/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately '/z mile north of Fairview Avenue (River Valley Street); a'Variance is not necessary for this access point as it is located at the half mile mark between section (line roads as allowed by UDC 11-3H-4B2b. The Applicant has submitted a conceptual development plan (attached as Exhibit A.2) that shows how this property may develop in the future. The overall plan shows 2,607,925 square feet of building area, which consists of 1,355,775 square feet of retail area (retail, anchors, ,shops, & pads); 897,300 square feet of office area; and 354,850 square feet of residential area. The plan also shows access points to/from SH 55/Eagle Road and E. Fairview Avenue, the extension of Records Road through this site, the extension of E. River Valley Street from SH 5.5 to Records Road, and driveway connections into the site from Venture Street at the east boundary. The subject properties are located on the northeast and northwest corners of N. Eagle Road and E. Fairview Avenue. The properties consist of three parcels in Ada County. The site consists of vacant undeveloped land that is currently being used as a turf farm. This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. After the origina'1 concept plan was transmitted to agencies, the Applicant submitted a revised concept plan (dated September 27, 2007, included as Exhibit A.6), which added floors to proposed Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 1 CITY OF MERIDIAN PLAMdING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 structures but did not change the layout of the structures. These changes are documented in a memo attached as Exhibit A.8. 2. SUMMARY RECOMMENDATION Staff recommends approval of A~07-012 and denial of VAR-07-017, as presented in the staff report for the hearing date of November 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Commission is not required to make a recommendation on the Variance application. NOTE TO COMMISSION/COiJNCII. REGARDING FUTURE OWNERSHIP A1VD CONCEPT PLAN This is a lazge project with many development details yet to be resolved (e.g., Eagle Road improvements and access, exact building locations and uses, elevations, traffic impacts, timing of improvements, etc.). As you know, on large projects it is often difficult for the developer to plan for the full development of the site. You will note as you review this application that we have a fair amount of detail regarding the development at the northeast corner of the Fairview/Eagle intersection, but we have less detail .in other azeas. The level of detail in the concept plan is related to the future ownership of the property. Currently the property is held in common ownership between Eugene and Walter Kleiner. The applicant for the project is CenterCal properties. Eugene Kleiner will retain ownership of the 60 acres at the north east corner of the annexation site. His intent is to develop the property as a park and dedicate it to the City. The plans for the park site are still being developed and we have no details at this time. With regard to the northeast corner ofFairview/Eagle intersection, this property is under contract by CenterCal and will be the first area to develop. As noted previously, we have a fair amount of detail and certainty regarding the concept plan for this area. The remainder of the property will be held by the Walter Kleiner family. Some of the property may be developed by CenterCal, but it maybe just as likely developed by another group. This being the case, the applicant has requested that Staff prepare the report' by analyzing the property in three sub-areas related to such future ownership. Staff has provided unifying concepts for all three sub-areas, provided detailed recommendations on access, and proposed asquare-footage limit for the proposed office, retail and residential uses on the subject site. However., many of the other - Development Agreement (DA) provisions Staff would typically include in a staff report for an annexation only request are not included herein (e.g., elevations). Staff recognizes that the market trends over tune will affect how this property is developed and flexibility is necessary given the size of the developtent. Staff has prepazed a staff report that we believe provides adequate assurances that this property will develop in a manner that is in the best interest of the City. Staff reconunends that the Commission and Council include any additional DA provisions that, maybe appropriate. The Meridian Planning & Zoning Commission heard the AZ request on November 15, 2007. At the public hearing they moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In. favor: Ashley Ford. WRG Design (Applicant's Representative); Jean Paul Wards, CenterCal Properties (Applicant); .Andy Wilk. CenterCal Properties (Applicant); Lars Anderson, Bach Builders; Chris Brand, Petra Inc.; Michael Ballantyne (representing the Kleiner's) ii. In opposition: None Meridian Town Center AZ-07-09'2 & VAR-07=0I7 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 iii. Commenting: Victor Villegas (representing Blue Cross of Idaho); Scott Stanfield, Mason Stanfield Engineering (representing Bach Builders) iv. Written testimony: None v. Staff. presenting application: Sonya Watters vi. Other staff commenting on application: Anna Canning b. Kev Issue(s) of Discussion by Commission: i. Pedestrian and vehicular traffic between the sites. across Eagle Road: ii. The extension of Records Road from.Fairview Avenue north. to River V Road: c. .Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. The owner .of the parcel west of Eagle Road au~ pathway along the west property boundary, and the .sidewalk associated with the public/private street through the center of the site) on theproperty. e, ummarv of City o ~ncil Pub is Hearin i. In favor: Ashley Ford. WR(: Desi4 frenresenting the. Kleiner familvl ii. In oonosition: None iii. Commenting: John Ringert. Tra1 representing Bach Buildercl: ToAnn Butler frenrecentim Developer Diversified) iv. Written testimony+: None v. taff presenting application: nna annin vi. Other staff commenting on application: Steye Siddowav ~. ev Issues of Discussion by Counc'1• i. he. necessity of a 1 of .the pronoced accecc nointc to/from the cite via .a 1 ~. ' ii. Concern pertaining to the queuing of traffic using the left-in access point t iii. The desire t i o obtain ACRD's and ITD'c commentc on the V R reauect baced on ~, e r analys Kev Counc'1 hap , is of the Traffic I es to Staff/Comm mpac ission t tudv Reco prior to ma in a mmendation decision: i. Include Dev elopment Agreem ent n rovici onc in DA #2 & DA #3 per AC~'c etter dated with ACRD January S. 2008. .and ITD conditi ac fol onc pr lowc: 1 ior to 1 "The applicant i recei 'ng approval s rea sir d to comply for any buildin Hermit on th without firs e site. Further. t t receiving ACHD he Cit 'c sig y will nature not sign off on any and cign-off All a _ occupancy card pplicatitinc on t is 21 "No deta'lc related to .accecc to th .cite ar . Approved with th cuhiprt A7 application. The .proposed access locations on the maior arterials should b Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 20U8 an_ nroved_bv ACRD and ITD and cannot be evaluated r Intil a traffic :mna t v hac been comol ted." II. Add a Develonment Aoreempnt nrnvicinn in ilA f!'1 9...~ i1A }E4 e~ i IF....,... iii. nathwav may be conctr Ict d a a deta h d ' sid walk with _ ' landc app ctrin ' multi- Ice nathwa ~~• 1V. A,d(i_aDevelonment Aureement nrnvicinn in ilA !!'2 9c fnlln.ve. ccT6o s....l:...,..• 'nQ the'r offer to chare traffi and eneral novel dee of th area" v. _ a Develonment A r went nrovicion in DA#1. & DA #2 ac followc• 11~C 11-4-3-28 and 11-2B-2," 3. PROPOSED MOTIONS Approval After considering al:l staff, applicant and public testimony, I move to approve File Numbers AZ-07- 012 & VAR-07-017 as presented in the staff report for the hearing date of January 8, 2008, with the following modif cations: (Add any proposed modifications.) Denial After considering al'1 staff, applicant and public testimony, I move to deny File Numbers AZ-07-012 & VAR-07-017 as presented during the hearing on January 8, 2008, for the following reasons: (State specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 07-012 & VAR-07-017 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The subject properties are generally located on the northwest and northeast corners of SH SS/N. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 4 >?r° Ada Develonment A~reemen nrovicion in DA #2 ac followc• ~~nwner chall provide a second nathwav r~nnina ¢eoerally north-coLth from Fain^ w Av n~ 'ver Va lev Road in addition to th - 10' m Ilti- Ice n>ahwav alnno Fooln Rnari Owner shall not be rea lir d to constrL tat ird north-south nathwav for the CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 Eagle Road and E. Fairview Avenue, in the southeast'/ of Section 5, Township 3 North, Range 1 West and the southwest '/ of Section 4, Township 3 North, Range 1 West. Referenced as Ada County Tax Parcel Numbers: 51105449011; 51104346603; and S1104438800 Although there are only three tax parcels (one on the west and two on the east), the applicant has submitted documentation from Ada County Development Services that there are four legal properties associated with the annexation (one on the west and three on the east). We have attached this documentation as an exhibit in the staff report. b. Owner: Walter Herman Kleiner and Elizabeth Kleiner 1795 N. Eagle RoacV3600 E. Fairview Avenue Meridian, Idaho 83642 c. Applicant: CenterCal Properties, LLC 7455 S.W. Bridgeport Road, Ste. 205 Tigard, Oregon 97224 d. Representative: Ashley Ford, WRG Design, Inc. (Applicant's Representative) e. Present Zoning: RUT & R6 (Ada County) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Applicant's Statement/Justification: The proposed Meridian Town Center project will make the rapidly growing community of Meridian a new `center-of-gravity' for the citizens and out of town visitors alike. The initial project concept plan shows approximately 2.5; million square feet of retail, entertainment, restaurant, and office space. Meridian Town Center will offer an exceptional tenant mix and presentation to the customer anywhere to be found in the Boise metropolitan area. With the site located on the northeast and northwest corners of :Eagle Road and Fairview Avenue, the development will enjoy the highest daily traffic counts to be found in the state of Idaho, exceeding 90,000 vehicles per day. At this intersection, Meridian Town Center will be well positioned to serve the strongest household demographics in the Boise region. Meridian Town Center will provide a broad selection of apparel, home goods, entertainment and restaurant opportunities, offering the discriminating shopper an experience not available in the region. Through a generous donation to the community by the Julius M. Kleiner Memorial Pazk Trust, Meridian Town Center will be fully integrated with a 60-acre pazk. (Please see Applicant's narrative for more information.) 5. PROCESS FACTS a. The subject .application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: September 17'x, 2007 and October 15`, 2007 (Commission); December 17,.2007 and December 31, 2007 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: September 7`~, 2007 (Commission); December 14.2007 (Gifu Council) d, Applicant posted notice on site by: September 21, 2007 (Commission);, December 7, 2007 (Gifu Council Meridian Town Center AZ-07-012 & VAR-07-OI7 PAGE 5 CITY OF MERIDIAN PLAMdING DEPARTMENT STAFF REPORT FOR THE HEARIiV ~ T G ,. A E OF JANUARY 8, 2008 6. LAND USE a. Existing Land Use(s): The site consists of a couple of homes and several outbuildings. b. Description of Character of Surrounding Area: This site is surrounded by various commercial uses (zoned L-O, C-G, & I-L), a school (River Valley Elementary), and single-family residences. c. Adjacent Land Use and Zoning: 1. North: River Valley Elementary School, zoned R-4; offices (Stokesberry Subdivision), zoned L-O; vacant land and single-family residences, zoned RUT (Ada County); and single-family residences (Redfeather Estates Subdivision), zoned R-4. 2. East: Single-family residential (Clover Meadows Sub. & Venture Sub.), zoned RUT & RI (Ada County); Bank, zoned C-G. 3. South: Conunercial uses (Treasure Valley Business Center & Crossroads Shopping Center), zoned I-L & C-C. 4. West: Church (Capital Christian Center), zoned L-O; and Packard Estates Subdivision, zoned R-4:. d. History of Previous Actions: None e. Existing Constraints and Opportunities 1. Public Works Location of sewer: N Eagle Road Location of water: N Eagle Road,. Venture, Tweedbrook, Fairview and Chateau Drive: Issues or concerns: The applicant will be responsible to supply sewer service to E Meadow Wood Drive and Venture Street. 2. Vegetation: Existing trees on the site that should be protected' or mitigated for when this site develops.. 3. Floodplain: This property is not within the floodplain. 4. Canals/Ditclies Irrigation: The Downey sub-lateral runs across the northern boundary of this site. The South Slough runs across the northeast corner if the site that is east of SH 55. The Applicant will be responsible for any tiling of ditches that may be required with development of this site. 5. Hazards: Staff does not know of any natural hazards .associated with this property. 6. Proposed Zoning: C-G (General .Retail and Service Commercial) 7. Size of Property: 258.39 acres f. Summary of Proposed Streets and/or Access: The conceptual development plan submitted by the applicant shows 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road, and 2 right-in/right-out/ieft-in access points, one on each side of SH 55/Eagle Road located approximately '/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately '~Z mile north of Fairview Avenue (River Valley Street). A variance is requested for approval of these proposed access points to SH 55. On the portion of the site that is west of Eagle Road, the plan shows 1 full-access point to Eagle Meridian Town Center AZ=07-0.12 & VAR-07-OI7 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF JANUARY 8, 2008 Road where River Valley Street currently exists (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-out/left-in access from Eagle Road, 2 access points to/from Fairview Avenue, 2 driveway connections to the private street along the north boundary, and 1 driveway connection to River Valley Street to the north. On the portion of the site that is east of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street will be extended (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-oudleft-in access from Eagle Road, 3 access points to/from Fairview Avenue, and 1 signalized, full-access point (Records Road) to Fairview. Records Road is proposed to be constructed from Fairview Avenue through the site to River Valley Street at the north property boundary. River Valley is then shown as connecting to Eagle Road, as a signalized intersection. Two driveway connections are proposed at the east boundary of the site to Venture Street for interconnectivity with the adjacent residential subdivision. In addition to Records Road, two driveway connections are~proposed at the north boundary of the site to the proposed River Valley Street. Five driveway connections are conceptually shown to Records Road on both the west (commercial) side and east (park) side. Several internal drive aisles are proposed for access within the site. These aforementioned access points and other access issues are discussed at length in section 10 of this report. Due to the fact that this is only an Annexation application; ACi-ID has not submitted formal conditions of approval. However, due to the size of this project ACRD did submit comments on this application that are included in Exhibit B of this report. City Staff has been in contact with ITD and COMPASS Staff and is working with the .Applicant's traffic engineer on a scope for a traffic study. Neither ITD nor COMPASS has submitted formal comments to the City on the subject project. Staff is recommending denial of the proposed access points to Eagle Road. Further, because ACRD and TTD are the road authorities for the existing and proposed public streets and highways, the Applicant must obtain approval from both agencies regarding approval of access points to Eagle Road, E. River Valley Street, Venture Street, and Fairview Avenue. Staff does not support the two driveway connections shown near the northwest corner of the site, west of Eagle Road. There is an existing public street, Chateau Drive that connects to River Valley Street through the elementary school site. Staff believes that driveway connections to/from this site should only be allowed to public streets, not private property. Staff recommends that the applicant work with the School District on making the existing private access between Chateau Drive and River Valley Street, a public street connection. NOTE: Staff has not received any comments from Valley Regional Transit (VRT) but believes there is a great opportunity to plan for bus service within or alongside this development. Staff is recommending that the Applicant contact VRT prior to the City Council meeting to see if there is any opportunity for bus shelters, bus stops, bus pull-outs, or park and ride areas in this area. 7. COMMENTS MEETIIOIG On September 14, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. Because this is only an annexation application, there are no conditions of approval; all applicable provisions are proposed in three: Development Agreements. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of Meridian Town Center AZ-07-012 & VAR-07-01'7 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 the Comprehensive Plan, this designation is defused in part as an area that is,situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MLJ-R designation allows for over 200,000 square feet ofnon-residential uses, residential densities ranging from 3 to 40-dwelling units per acre, mixed use neighborhood and mixed use commercial uses, as well as regional commercial uses such as entertainment and employment centers and clean industry. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goai III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.• - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Off ce. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACIID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service willnot change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafff nds that the site is designated for a mix of uses on the Comprehensive Plan Future Land Use Map. The applicant has proposed a horizontal mix of uses including park site, retail, office, and residential. The applicant has also proposed some vertical mixed use in the CenterCal portion of the development. Staff believes that over time, a variety of public recreation, commercial, retail, off ce, and residential uses will be provided on this site. • Chapter VII, Goal N, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Upon development of the property, a minimum 3S foot wide landscaped street buffer will be required along E. Fairview Avenue and N. Eagle Road, classif ed as principal arterial streets and entryway corridors. Buildings and parking will be set backlrom these streets at least the width of the required buffers. • Chapter VII, Goal N, Objective D: Encourage appropriate land uses along transportation corridors. The applicant is proposing a mix of public recreation, commercial and residential uses. Staff believes that the proposed development is appropriate along the adjoining transportation corridors (Fairview Avenue & Eagle Road). The future residents in this area will have services Meridian Town Center AZ-07=012 & VAR-07-017 PAGE 8 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING D ~TE OF JANUARY 8, 2008 within walking and biking distance. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application. Upon development of this site, all commercial businesses will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to issuance of Certificate of Occupancy of the proposed building(s) on this site. • Chapter N, Goal I, Objective A, Action - "Permit new... commercial development only where _ urban services can be reasonably provided at the tune of final approval .and development is contiguous to the City." This property is contiguous to the City and sanitary sewer and water are readily available. • Chapter VII, Goal N, Objective A, Action 6: Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. Upon development of the property, a 25 foot wide land use buffer will be required along the boundaries of the site that abut existing residences.Future commercial uses on the property will be required to provide screening and buffering to the existing residences, in accordance with the UDC. • Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. The subject properties are located on the comer of two principal arterial streets on one of the busiest intersections in the State ofldaho. This makes the site an ideal place for a mixed use development. A movie theatre is proposed to be constructed in the first phase of development, which will serve the adjacent neighborhoods as well as draw in a regional customer base. Staff`' believes that the proposed uses transition to and integrate with the established uses in this area. • Chapter VII, Goal N, Objective C, Action 10: Support a variety of residential categories (low-, medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed lifestyle center located in the middle of the project is a vertical mixed-use project with retail uses on the bottom floor with office and residential units above. Staff believes that the proposed residential units contribute to the variety of housing opportunities within the City. • Chapter VII, Goal V, Objective A, Action 7: Continue promoting quality mixed-use developments in accordance with the Future Land Use Map. ' The Future Land Use Map designates this property as Mixed Use -Regional. As such, this property should offer over 200, 000 square feet of commercial space with uses including neighborhood commercial, commercial services and residential uses and a 60-acre park site. The proposed lifestyle center is envisioned to be a regional commercial destination that may include several housing opportunities. • Chapter VI, Goal II, Objective A, Action 13: Review new developments for appropriate opportunities to connect to local roads and collectors in adjacent developments. Records Road/Alleys Way is a planned collector roadway just north of this site. The proposed development will connect Records Road from Fairview Avenue to River Palley Street and stub Meridian Town Center AZ-07-0'12 & VAR-07-017 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAItIIVG DATE OF JANUARY 8, 2008 records to the north property line to connect up to Ustick Road. The applicant is proposing to access existing local roads to the east, west and north. The following are Mixed Use development standazds that serve as general guidelines for development in Mixed Use areas that are applicable to the proposed development: • Where feasible, multi-fanuly residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 2U-26, 55, or 69. The subject property is located adjacent to SH SS. The proposed development will serve as a major employment center in this area. Multi.-family dwellings are shown on the concept plan on the eastern portion of this development and also centrally within the development, over shops (vertically integrated).By not restricting the number of allowed dwelling units, we have left open the possibility for additional housing units as can be supported by market demand. • Where mixed use developments aze phased, a conceptual site plan for the entire Waxed use azea is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted. The Applicant has submitted a conceptual development plan with the subject AZ application showing how the property may develop in the future. Although the project will not necessarily be constructed in true phases, the property will not be developed all at once either. The first portion to be developed will be the CenterCal ownership area located on the east side of SH SS, west of the future Records Road and south of the northernmost access point shown to SH SS, generally south of River Palley Street. . • In developments where multiple comrnerciai and/or office buildings are proposed (not residential), the buildings should be azranged to create some form of common, usable azea, such as a plaza or green space. The concept plan depicts office buildings on the northwest side of the site arranged around a large common area on the portion of the site that is west of SH SS. On the portion of the site that is east of SFI SS, buildings are situated so that they surround a large plaza area. The theatre/shops site along with another building planned for shops/office also appears to include a plaza. • Where the project is developed adjacent to a low or medium density residential use, a transitional use is encouraged. Transitional uses are shown on the concept plan adjacent to low & medium density uses in the form of offices and multi family residences. Higher intense uses (retail & restaurants) are proposed internally within the development and adjacent to the transportation corridors. • A mixed use project. shall include a principal use (retail, office, professional or residential) and at least one other type of land use. The proposed mixed use project consists of retail, professional office, residential uses, and a 60- acrepublic park. • All mixed use projects shall be duectly accessible to neighborhoods within the section by both vehicles and pedestrians. The concept plan shows vehicular/pedestrian connections from Venture Subdivision to the east and Packard Estates Subdivision via Chateau Drive from the west. There is existing unopened right-of--way into the future park site (northeast corner of the site). The applicant should be Meridian Town Center AZ-07=012 &• VAR-07-017 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF JANUARY 8, 2008 required to provide access to the proposed public park from Green Meadow and Meadow Wood Streets. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-G zoning district. Retail Stores, restaurants, financial institutions, fuel sales facility, personal & professional services, parks, and other uses, are listed as principal permitted uses in the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. Dimensional standards for the C-G zoning district, per UDC Table 11-2B-3: front setback in feet 0 Rear setback in feet 0 Interior side setback in feet _. 0 Sheet landsca . e buffer in feet local 10 Collector 20 Arterial 25 Landsca a buffer to residential uses in feet "' _. 25 Maximum buildin hei ht in feet 65 Maximum building size without design standard a royal as set forth in 11-3A-19 in s uare feet 200,000 Parking requirements See Chapter 3 Article C OFF-STREET PARKING AND LOADING REQUIREMENTS LandSCa In .re UirementS See Cha ter 3 Article B LANDSCAPING REQUIREMENTS 'All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. "minimum setback only allowed with reuse of existing residential structure. "'Where the adjacent property is vacant, the Director shall determine the adjacent property designation based on the Com rehemsive Plan desi nation. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation AZ Application: Please see Exhibit D for detailed analysis.of the UDC required facts and findings. The annexation legal description submitted with the application (prepared on August 20, 2007, by Michael Byrns, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Parcel Configuration: The subject 258.39 acre site consists of three tax parcels currently in Ada County, zoned RUT & R6 that have not been previously platted. The site currently consists of vacant undeveloped property. The Applicant is proposing to reconfigure the parcels to reflect the future ownership, as depicted in Exhibit A3. As noted previously, although there are only two tax parcels on the east side, the applicant has submitted documentation from Ada County Development Services that there are three legal properties associated with the eastern annexation area. Because the proposed DA provisions are set up to reflect this proposed parcel configuration, Meridian Town Center AZ-OZ-Ol2 & VAR-07-017 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 it is important that the applicant create these parcels prior to entering into the development agreement negotiations. Therefore,.t_he applicant should prepare and record the necessary legal descriptions and quit claim deeds to accomplish the ownerships as depicted in Exhibit A.3 prior to approval of the annexation ordinance. Although the City will have no approval authority in this matter, we ask that the applicant allow the City to review the legal descriptions prior to recordation for compliance with the proposed DA provisions. Zoning Districts: The Applicant is requesting that the entire site be zoned C-G. The Comprehensive Plan Future Land Use Map designates this property as Mixed Use -Regional. The requested C=G zone is generally consistent with the land use designation for this property. Because transitional zoning is not requested with this application, Staff is including a Development Agreement provision that only park, office, and residential uses be allowed along the boundaries of the site that are adjacent to existing residential uses, as shown on the concept plan. Concept Plan: The applicant submitted a conceptual site plan for this site showing how the property is planned to develop in the future. The overall plan shows 2,607,925 square feet of building area, which consists of 1,355,775 square feet of retail (labeled as retail, anchors, shops, restaurants, & pads); 897,300 square feet of office; 354,850 square feet of residential uses; and, a 60 acre City park site. UPDATE: On 9/27/07, the Applicant submitted a revised concept plan, dated 9/27/07 included as Exhibit A.6; Staff prepared a memo dated l0/10/07, included as Exhibit A.8 that describes the revisions. Staff is including a provision that allows a change of plus or minus 20% of the square footage of any individual retail/office/commercial building or collection of buildings shown on the revised concept plan. Further, residential uses should be developed on the property at a minimum total square footage of that currently shown on the plan, not as a maximum, subject to market demand. If the applicant chooses to remove the residential uses completely, they should get a modification to the DA. Any retail or office use as noted on the plan may include vertically integrated residential as part of the project without modifying the DA. Staff believes that the proposed mix of uses shown on the concept plan complies with the Comprehensive Plan Future Land Use Map designation of Mixed Use -Regional for this site. The plan (attached in Exhibit A.2) shows the property divided in three phases that generally reflect the ownership patterns. It is itportant to note that although the Applicant has included all of the property to be annexed on the concept plan, the portion of the property owned by Walter Kleiner that encompasses the area shown as DA #2 in Exhibit A.3 will be retained by Mr. Kleiner and maybe developed at a later time by a different developer. For this reason, the Applicant (CenterCal Properties, Inc.) is not able to provide anything more than a rough concept of how this portion of the property depicted as DA #2 in Exhibit A.3 may develop in the future. Because of this, Staff has provided minimal analysis on this side of the project. Included in the proposed DA for this site is a provision that requires a subsequent concept plan be approved by the City Council, prior to construction of any buildings on this side of Eagle Road. The area shown as Phase 1/Phase 2 on the concept plan, located on the east side of Eagle Road, consists of 87.97 acres and contains 1,318,825 square feet of building area consisting of anchors, shops, pads, office; and residential uses in 29 structures: The largest of these structures consists of 180,000 square feet. The buildings in the central portion of this area are situated so that they surround a large plaza area. The area where the theatre and shops are proposed also includes a plaza. Staff supports the plaza areas shown on the concept plan as well as the drive aisles with parallel parking on each side of the aisle as these driveways link the shops together and should lend a unifying feel to this development. A total of 5,065 parking spaces (standard, on-street, structured) are proposed for this portion of the site. A theatre is proposed within this area that is planned to be one of the first structures built. Residential units are proposed above some of the Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 12 CITY OF MERIDIAN PLANNRVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]AMJARY 8, 2008 shops shown near the theatre location. Staff strongly .supports the vertically integrated residentiaUeommercial uses shown on the plan. The Applicant has stated that the area shown as DA #3 in Exhibit A.3 (shown on the concept plan as part of Phase 1/Phase 2, excluding the four buildings north of the proposed right-in/right-out driveway to Eagle Road) is more of a detailed concept plan than the other areas shown as Phase 3 (east), Phase 3 (west), or the 60-acre park on the concept plan. The portion of the site shown as DA #3 is proposed to be developed first. As such, Staff has spent more time analyzing this portion of the annexation area and has provided more DA provisions for this area. The area shown as Phase 3 (west) on the concept plan, located on the west side of Eagle Road, consists of 71.99 acres and contains 956,500 square feet of building area consisting of office and retail uses in 22 structures. The largest of these structures is proposed for multi-tenant retail uses and consists of 200,000 square feet broken into six retail stores ranging from 20,000 square feet to 60,000 square feet. Office uses are proposed along the west property boundary adjacent to the existing residences in Packard Estates Subdivision and along the north boundazy adjacent to the school property. Staff supports the location of the office uses adjacent to existing residences as a transition to the more intense commercial uses proposed to the south. However, Staff is not supportive of fully segregating the office uses from the retail uses on this site. Structures on the northern portion of the site are arranged around a central common area for a courtyard effect. Staff strongly supports the design of this area, but recommends that some retail and/or residential land uses be added to the northern half of this site. Likewise, Staff recommends that some office and/or residential uses be added to the southern half of the proposed site (currently all the uses are shown as retail). Further, for addressing purposes, Staff recommends that anorth-south, either private or public street be constructed in this area. A total of 3,379 parking spaces are proposed for this area. The Applicant has stated that the concept plan for this azea is very conceptual in nature as it will be developed at a later date by most likely a different developer. The area shown as Phase 3 (east) on the concept plan, just west of Venture Street, consists of 20.16 acres and contains 332,600 square feet of building area consisting of office and residential uses in 10 structures. Residential and office uses aze proposed along the east property boundary adjacent to existing residential uses in Venture Subdivision. Staff supports the location of the office and residential uses adjacent to existing residences as a transition to the more intense commercial uses proposed to the west. A total of 1,.178 parking spaces aze proposed for this area. This area is also very conceptual in nature as it will also most likely be developed at a later date by a different developer. This area is included in DA#2 with the area west of Eagle Road, and the 20 acres south of River Valley Street. A 60-acre park, shown at the northeast corner of the site, is proposed to be donated to the community by the Julius M. Kleiner Memorial Park Trust. The pazk will serve as a buffer between the commercial development and the adjacent existing residences in Redfeather Estates Subdivision and Clover Meadows Subdivision. A section of unopened right-of way exists that abuts the site at the east boundary of the park and the west boundary of Clover Meadows Subdivision where Green Meadow & Meadow Wood streets terminate. Either additional right- of-way should be provided for the construction of a street to link these two streets together or cut-de-sacs should be constructed on the site for turnarounds. In either case, the remaining portion of unused right-of--way, if any, should be vacated. A stub street (N. Tweedbrook Avenue) also exists at the north boundary of the park site from Redfeather Estates Subdvision. This street should be extended into this site and connected to another public street within the development or a cul-de-sac for a turnaround should be provided on the park site. The Applicant should work with the Parks Department on the design and dedication of the park. Staff is very ; Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 appreciative and supportive of the proposed park donation and believes that it will serve as a great amenity to this development and the community as a whole. Staff has reviewed the overall concept plan and offers the following comments: 1) Staff likes the location of the buildings proposed directly adjacent to the transportation corridors with parking to the rear and sides of the structures; Staff would like to see more structures built in these areas to screen the parking lots from adjacent streets. 2) Staff likes the design of the buildings around the large common area shown at the northwest corner of the site, west of SH 55. Staff would like to see an amenity like this included in any fuhzre concept plan; 3) Staff likes the design of the shops around the plaza area shown centrally on the east side of SH 55 and the plaza area in front of the theatre and shops; the general configuration of the plaza areas and buildings should not change in these areas. Amenities such as water features, benches, on-street parking, vertically integrated buildings, stamped concrete crosswalks, and a mix of restaurants, retail:, office and residential uses should be provided as proposed (provided in DA #3); 4) Staff likes the design of the parking shown in front of the lazge multi-tenant retail building along the west boundary. of the site, west of SH 55 (see example in Exhibit A.4); this parking concept should be incorporated into the sitelparking design east of SH 55, between the stand alone pad sites along SH 55 and the lifestyle center wherever possible and~where consistent with the design concept (provided in DA #3); 5) Staff likes the vertically integrated residential uses proposed above the shops (provided in DA #3); 6) Staff likes that office and residential uses and a park are proposed adjacent to existing residences to the east, west, and north of the site to serve as a transition to more intense commercial uses; these uses shall not change along boundaries adjacent to residential uses (provided .in DA's #1, 2, and 3). Staff is including the items discussed in this section, as well as other provisions listed below, in the Development Agreements for this project. Parking Lot Layout: The concept plan depicts building pads and structures located directly adjacent to SH 55/Eagle Road. Staff is in favor of the location of these pads/structures as they allow for buildings to be located close to the street with the majority of the pazking to be placed behind or at the sides of the structures, creating a better curb appeal for the site than an expanse of pazking. Staff is in favor of the design of the parking azea shown in front of the largest retail building along the west boundary of the site, west of SH 55 (see Exhibit A.4 for example). This concept should also be used for pazking azeas on the east side of SH 55 (see Exhibit A.8). If access points to SH 55 and Fairview Avenue are approved, the Applicant should submit a plan showing pedestrian and primary access drives and parking within the site. Pazking spaces cannot exceed 12 in a row without an internal planter island; the concept plan shall be revised to comply with this requirement. Staff is including Development Agreement provisions as discussed in this section. Site Design: This site is located in a highly visible intersection of the City. The importance of this location makes quality design essential. The Applicant has not submitted conceptual building elevations of what the structures on this site may look like. The Applicant shall submit architectural standards for development of the subject property prior to the City Council hearing. An oral and visual presentation should be made by the Applicant at the Commission hearing. Staff believes there are benefits to designing the sites on the east and west Meridian Town Center AZ-07-092 & VAR-07-097 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 sides of SH 55/Eagle Road with unifying concepts such as pedestrian/vehicular access, aesthetic elements, amenities, landscaping, etc. that would tie the two sites together. Because the west side of SH 55/Eagle Road will most likely be developed by a different developer, CenterCal is not able to dictate what standards would be applied to the site design of that parcel. The City, however, would like to see certain landscaping, site design, and architectural standards .applied to the parcel on the west side of Eagle Road when it develops through the Development Agreement for that site as follows: the quantity, species of trees, and design of landscaping should generally match/mirror each other; buildings should be constructed adjacent to SH 55/Eagle Road so that a majority of the parking is located to the sides and rear of structures in compliance with entryway corridor design standards. To ensure a minimum design standard, Staff is including a Development Agreement provision in DA !/2 for all buildings within the development and site improvements to be subject to administrative design review as defined in UDC 11-3A-19. If the location of future buildings is not generally consistent with the submitted concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval for a Development Agreement Modification. (Note the internal buildings shall not be.subject to the 8 foot wide pedestrian pathway requirement to the adjacent sidewalk.) Access: Unified Development Code 11-3H-3B prohibits direct access to state highways except at the section line roads and the half mile mark between section line roads. A major aspect of the concept plan is the proposed vehicular access to/from the site and internal drive aisles and parking. The conceptual development plan submitted by the applicant shows 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road, and 2 right-in/right- out/left-in access points, one on each side of SH 55/Eagle Road located approximately '/a of a mile north of Fairview Avenue, The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately '/z mile north of Fairview Avenue (River Valley Street). A variance is requested for approval of these proposed access points to SH 55. On the portion of the site that is west of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street currently exists (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/riglit-out/left-in access from Eagle Road, 2 access points to/from Fairview Avenue, 2 driveway connections to the private street along the north boundary, and 1 driveway connection to River Valley Street to the north. On the portion of the site that is east of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street wil•1 be extended (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-out/left-ut access from Eagle Road, 3 access points to/from Fairview Avenue, and 1 signalized, full-access point (Records Road) to Fairview. Records Road is .proposed to be constructed from Fairview Avenue through the site to River Valley Street at the north property boundary. River Valley is then shown as connecting to Eagle Road, as a signalized intersection. The Applicant should provide access to the properties to the north from E. River Valley Street. The location of River Valley Street shall not create a "spite strip" between this property and the properties to the north. Two driveway connections are proposed at the east boundary of the site to Venture Street for interconnectivity with the adjacent residential subdivision. )n addition to Records Road, two driveway connections are proposed at the north boundary of the site to the proposed River Valley Street. Five driveway connections are conceptually shown to Records Road on both the west (commercial) side and east (park) side. Several internal drive aisles are proposed for access . within the site. Due to the fact that this is only an Annexation application, ACRD has not submitted formal Meridian Town Center AZ-07-0.12 & VAR-07-017 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 conditions of approval. However, due to the size of this project ACRD did submit comments on this app: lication that are included in Exhibit B of this report. City Staff has been in contact with ITD and COMPASS Staff and is working with the Applicant's traffic engineer on a scope for a traffic study. Neither ITD nor COMPASS has submitted formal comments to the City on the subject project. Staff is recommending denial of the proposed access points to Eagle Road. Further, because ACRD and ITD are the road authorities for the existing and proposed public streets and highways, the Applicant must obtain approval from both agencies regarding approval of access points to Eagle Road, E. River Valley Street, Venture Street, and Fairview Avenue. Staff does not support the two driveway connections shown near the northwest corner of the site, west of Eagle Road. There is an existing public street, Chateau Drive that connects to River Valley Street through the elementary school site. Staff believes that driveway connections to/from this site should only be allowed to public streets, not private property. Staff recommends that the applicant work with the School District on making the exsting private access between Chateau Drive and River Valley Street,. a public street connection. NOTE: Staff has not received any comments from Valley Regional Transit (VRT) but ..believes there is a great opportunity to plan for bus service within or alongside this development. Staff is recommending that the Applicant contact VRT prior to the City Council meeting to see if there is .any opportunity for bus shelters, bus stops, bus pull-outs, or park and ride areas in this area. A stub street (N. Tweedbrook Avenue) exists at the north boundary of the park site from Redfeather Estates Subdivision. This street should be extended into this site and. connected to another public street within the development or a cul-de-sac for a turnaround should be provided on the park site. The Applicant should work with the Parks Department on the design and dedication of the park. Staff is very appreciative and supportive of the proposed park donation and believes that it will serve as a great amenity to this development and the community as a whole. Staff does not generally support the co~guration of the parking spaces shown in front of buildings that are adjacent to major access driveways. Staff is concerned about traffic flows and safety if vehicles are allowed to back out into oncoming traffic. Staff has included a DA provision that requires the Applicant to demonstrate that there are safe and efficient drive aisles that do not encourage speeding and cut through traffic (provided in DA #3). Across-access agreement should be required that benefits ail businesses within this development. Staff is including Development Agreement provisions as discussed in this section. STAR Legislation: Currently, the Applicant is in negotiations with the Idaho Transportation Department (ITD) to construct capacity improvements on Eagle Road in accordance with the STAR (State Tax Anticipation Revenue) legislation. The STAR legislation went into effect on July 1, 2007 and is a law that provides a new method of financing transportation infrastructure projects on state highways. The law provides a. mechanism by which developers of retail commercial complexes provide upfront funds for certain transportation infrastructure improvements and can recoup a portion of the cost from sales and use tax revenue generated by the commercial retail complex. The developer must expend a ntinimum of $8 million in transportation improvements to qualify for reimbursement under the STAR law. The maximum reimbursable amount of a given project is $35 million. The developer's retail commercial complex must cost a minimum of $4 million. If ITD does not approve of the Applicant's proposal and the Applicant is not able to complete the improvements as proposed, the timeline and construction of the project may be affected. Staff has not required the applicant use the STAR legislation, but is supportive of the applicant pursuing the improvements to Eagle Road. Any and all sections of Eagle Road that are improved by the Applicant should be done in Meridian Town Center AZ-07-012 & VAR-07-017 PAGE lb CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE. HEARING DATE OF JANUARY 8, 2008 accordance with the Eagle Road Arterial Study. These improvements include, but are not limited to: capacity improvements, drainage facilities, landscaping, medians, and pedestrian-level lighting. If the applicant is not able to make use of the STAR legislation for all the proposed improvements, at a minimum, they should be held responsible for those improvements along the frontage of the properties .noted in this annexation request. NOTE: Staff believes that the timing of access and collector road improvements is important in the orderly development of this property. Staff supports the applicant's efforts to include Records Road and River Valley Street in the STAR legislation project. In the event that Records Road and River Valley Street are not constructed under the STAR legislation provisions, staff has added appropriate provisions in the DA agreement for both The Walter Kleiner property (DA #2) and the CenterCal property (DA #3). Staff concern is that both roadways are on the Walter Kleiner property, while the initial development is on the CenterCal property. Landscaping: Although the design of this project is only conceptual, Staff believes there are some landscape elements that should be discussed at this early stage. The following landscaping elements should be included in the concept plan for this site and included as Development Agreement provisions. • UDC 11-2'B-3 requires a 35-foot wide landscape buffer be constructed along SH 55/Eagle Road and E. Fairview Avenue, both entryway corridors, in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • iJDC 11-2B-3 requires a 20-foot wide landscape buffer be constructed along both sides of Records Road, a collector roadway, in accordance with the standards in iJDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 10-foot wide landscape buffer be constructed along the west side of Venture Street (and any other local commercial street) in accordance with the standards in UDC 11-38=7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 10-foot wide landscape buffer be constructed along E. Chateau Drive in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 20-foot wide buffer to be constructed along the south side of E. River Valley Street (north side to be constructed by the adjacent property owner) in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • A buffer shall be constructed adjacent to all driveways within the site that are required to be constructed as public/private streets in accordance with the standards listed in UDC 11-3B-7. The width of the buffer shall be determined by the street classification in accordance with UDC 11-2B-3. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • LJDC 11-2B-3 requires a 25-foot wide landscape buffer between residential uses and properties zoned C-G. This buffer should be designed and constructed in accordance with UDC 11-3B-9. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 17 CITY OF MERIDIAN PLANIV[NG DE•PARTIVIENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 • UDC 11-3H-4C.3 requires aten-foot (10') multiuse pathway to be constructed within a public use easement and pedestrian-level streetlights and landscaping consistent with the Eagle Road Corridor .Study to be installed along SH 55/Eagle Road. • The applicant should comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. Design Standards: Because this site is located on a highly visible transportation corridor, Staff is requesting as a provision in the DA that all structures within the development be subject to the design standards listed in UDC 1~1-3A-19C as follows: Architectural Chazacter: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be cleazly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. e. Mechanical equipment: All ground-level and rooftop mechanical .equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, texhued azchitectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained cleaz of any outdoor sale displays, vending machines, or temporary structures. (Note: The internal buildings shall not be subject to this requirement.) b. The internal pedestrian wallcway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Wallcways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) pazking spaces or two hundred feet (200') away from the main buildutg entrance. Meridian Town Center AZ-07-OI2 & VAR-07=017 PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. NOTE: City Staff is currently working on new design standards. If additional design standards are adopted at the time of building permit submittal, the Applicant should comply with those adopted standards. The Applicant may submit design guidelines to be included in their DA or in a modified DA. Any such design guidelines included in an approved DA would guide the development of this area. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) pernut is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the struchue is started and/or the use is established (LJDC 11-SB-1.A). To ensure that all of the provisions in the development agreement (see below) are complied with, the City requires that the applicant obtain CZC approval from the Planning Department prior to site development; ail site and landscaping improvements must be installed prior to occupancy. Development Agreement: Development Agreements (DAs) will be required as part of the annexation of this property. Because there are separate proposed properties and different proposed property owners involved in this development, Staff is requesting that three separate DA's be prepared. As discussed under the "Parcel Configuration" section, staff recommends that the applicant create parcels to reflect the proposed DA boundaries for each ownership prior to approving the annexation ordinance. Each owner shall enter into an agreement with the City of Meridian. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within 12 months of City Council approval to initiate this process. All of the DA's and annexation ordinances need not be on the same City Council agenda. Development Agreements: Please see Exhibit A.3 for a map detailing the boundaries of land that will be incorporated into each DA. Specific Provisions for Development Agreement No. l (Park): Agricultural use, includin¢ production of crops shall continue to be allowed after annexation as an urban farm use, which is a orincioal permitted. use under UDC 11- 43-28 and 11-2B-2. • Development of this area shall be for a City Park. The Applicant shall coordinate the design and improvements of this site with the Parks Department and the Parks Commission. The subject park site shall contain approximately 60 acres. The.park site shall be subject to review and approval by the City Council on a noticed agenda and notices shall be sent to ail property owners within 300 feet of the property boundaries. • The public stub street (Tweedbrook Avenue) in Redfeather Estates Subdivision at the north property boundary shall be extended into this site and connect to a public street or a public cul-de-sac shall be constructed on the .site for a turnaround. At no tune shall construction traffic associated with the development of this site be allowed to access this site through Tweedbrook Avenue in Redfeather Estates Subdivision. • A section of unopened right-of--way exists that abuts the site at the east boundary of the park and the west boundary of Clover Meadows Subdivision where Green Meadow & Meadow Wood streets terminate. Either additional right-of--way steal°1 be provided for the construction of a street to link these two streets together or cul-de-sacs shall be constructed on the site for turnarounds. In either case, the remaining portion of unused right-of--way, if Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 1'9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 any, shall be vacated. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit, prior to all new construction, or establishing the park site on the subject property. • Construct a 20-foot wide landscape buffer along Records Road in accordance with the standards in UDC 11-3B-7. • The applicant shall comply with all landscaping standards described in UDC 11-38, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. Existing trees on this site shall be retained or mitigation shall be provided in accordance with UDC 11-3B-10. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this site. • A park is proposed adjacent to existing residences to the east and north of the site to serve as a transition to more intense commercial uses;. this use shal'1 not change along the boundaries adjacent to residential uses. • There shall be a 26-foot height limit for any structure within 100 feet of the property line of an existing residence at time of annexation. • The following provisions that will guide staff in adtninistering the concept plan over time. This references the long term implementation of the concept plans and guides the Director in how to determine consistency. If the proposed location of buildings or uses is not generally consistent with the approved concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval of a Development Agreement Modification for a new concept plan. \ o In determining consistency, the Planning Director may allow a plus or minus 20% change in square footage for any building, or collection of buildings, as depicted on the concept plan. o Relocation of buildings shall be allowed provided that the impact to adjoining properties remains the same or is less than that depicted on the concept plan and provided that the integrity of the concept plan remains unchanged. (For example, for buildings that are placed to form a central plaza, those buildings may be relocated if the plaza amenity is substantially equal to or better in size and character than originally depicted.) o Changes in uses as depicted on the concept plan will not be allowed on structures immediately adjacent to existing residences at the time of annexation without the Planning Director's determination that the proposed use will be less of an impact on adjacent residences. Changes in uses elsewhere maybe allowed if the general impact is the same or less than that proposed. The Director wii'1 seek advice from ACRD regarding traffic impacts associated with any proposed change in use. Specific Provisions for Development Agreement No. 2 (Ifleiner Ownership): Background. The Applicant has shown a concept plan with 3 parcels to be retained by the Walter Kleiner family ("Owner") following the closing. of the transactions with Center Cal Properties and The Julius M. Kleiner Memorial Park Trust: 1. Approximately 37 acres east of Eagle Road and north of the proposed CenterCal Properties lifestyle center (the "North Parcel"); 2. Approximately 20 acres north of Fairview Avenue, east of the proposed lifestyle center and Records Avenue, and south of the proposed park (the "East Parcel"); and Meridian Town Center AZ-07-OI2 & VAR-07-Oi 7 PAGE 20 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARI V.G DATE OF JANUARY 8, 2008 3. Approximately 72 acres north of Fairview Avenue and west of Eagle Road (the "West Parcel"). The concept plan for these three parcels is preliminary in nature and is likely to change given that development may not occur for 5 to 10 years or even longer. Owner intends to select a quality developer(s) for these three parcels. The proposed development agreement terms are designed to allow the development of these 3 parcels to respond to future market conditions while assuring that the future development is limited to appropriate uses and executed according to quality standards suitable to this location. Definition _Al~l references to "Owner" herein include a purchaser or other transferee of the Owner's interest in part or ail of the Owner's land (North Parcel, East Parcel., and West Parcel), unless the terms or the context of the agreement suggests otherwise. • Urban Farm: A¢riculhral use, includ'ng prodpction of crow, she 1 con 'one to be allowed after annexation as an urban farm use, which is a rip 'pal nernLitted use under UDC 11-4-3-28 and 11-2B-2. ACI1D aapproval. Th e an_nlicant is requir ed to com_nly with AC 13D and ITD conditions prior to receiving ap proval for any herd ing permit on the site . Further. the City will not cign off on env o ccupancy cards with out first receivin~AC 1ID's signature and ~ipn-off All applicat ions on this site are suhiect to ACHD's nr oiect specific comments. reo9rdless. of th -tun e of annli atinn (i_e, Conditional nce. ep rmi t, certificate of ionin~ compliance. etc.J" 2 1 ~~No details related to access. to the .site .a re approved with the Records Road and River Valley Road (east of Eagle Road) Dedications. Prior to any other land use approvals on the subject property, Owner shall dedicate the right-of--way to extend Records Road from Fairview Avenue north to River Valley Road and to extend River Valley Road from Eagle Road east to Records Road as an ACRD public street. Owner shall make such dedication within the time required for CenterCal to construct the roadway and related improvements. If right-of-way is not dedicated directly adiacent to the northern_p~l~r¢y boundary of the site, cross-access shall. be provided. to the property to the north so that a sp1t~Sltln its not created. Constrpction of River Valley ~~treet and Records Road shall take place with the initial obese of the eject. Zoning district and use. limitations. The North Parcel, East Parcel, and West Parcel shall be zoned C-G, general retail and service commercial. o Owner is entitled to develop the following uses on the North Parcel, the East Parcel, and the West Parcel, subject to the conditions of this agreement. o 'T'otal retail gross floor area, shal'1 be limited to 1,293,700 gross square feet. The uses noted in Exhibit E are allowed as retail uses as provided in UDC 11-2B-2, as defined in 11-1A-1, and subject to any conditions or requirements provided by the special use standards in 11-4-3-1 through 11-4-3-43. o Total office gross floor area, shall be limited to 700.,000 gross square feet. The uses noted in Exhibit E are allowed as off ce uses as provided in UDC 11-2B-2, as defined in 11-1A-1, and subject to any conditions or requirements provided by the special use standards in 11-4-3-1 through 11-4-3-43. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 21 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF lAM1ARY 8, 2008 o Uses otherwise a°llowed in the C-G zone but prohibited by the agreement maybe allowed subject to Council review, approval and modification of agreement. o As noted in the Comprehensive Plan, multi-family is appropriate in the Mixed Use Regional designation. Therefore, multi-family development would be appropriate within this DA boundary. (Multi-family is allowed as a conditional use in the C-G zoning.) If Owner desires to do residential development other than multi-family, Owner may request a rezone to a residential designation at a later date. o Residential units may be constructed over retail or office buildings/floors (subject to the vertically integrated residential standards of the UDC), in addition to the allowed retail or office square footages, provided the building location does not violate the residential buffer rules provided herein. Exchange of Square Footage between Retail and Commercial and Vice-versa Owner may elect to increase the total allowed office square footage and reduce the total allowed retail square footage in a 2:1 ratio. For example, Applicant may increase allowed office uses by 200,000 square feet and reduce allowed retail uses by 100,000 square feet. Owner may elect to increase the total allowed retail square footage and reduce the total allowed office square footage in a 1:2 ratio. For example, Applicant may increase allowed retail uses by 100,000 square feet and reduce allowed office uses by 200.,000 square feet. • Division of west parcel. The subject property shall be eligible for the short plat process. Certificate of zonin compliance. Owner may apply for a certificate of zoning compliance for development of the North Parcel, East Parcel, West Parcel, or any legally divided portion of such parcels, or for a building or use. The application for the first CZC for the applicable parcel or lot shall include a detailed site plan, a copy of the latest allocation plan, and supporting documentation, as necessary, with sufficient detail to enable the Director to verify that the applicable terms of this agreement are satisfied. The Director shall not withhold a CZC provided that Owner presents a valid allocation plan and a detailed site plan that does not exceed the office/retail square footages provided for such parceUlot on the allocation plan (see below, Allocation of retail and off ce square footage), and provided the detailed site plan complies with the applicable terms of this agreement and all UDC provisions as to matters not otherwise specified by this agreement. Detailed site plan layout. Owner is not required to develop the North Parcel, East Parcel, West Parcel, or legally divided portion of such parcels according to the initial concept plan as submitted with the request for annexation; and shall be entitled to develop each legal parcel or lot according to a detailed site plan provided by Owner including drive aisle locations, walkways or pathways, building locations, building sizes, building uses allowed by this agreement, parking lot design, .and landscapuig design, as designated by Owner subject to the conditions of this agreement. The Director shall approve the detailed site plan provided the site plan complies with the applicable terms of this agreement and all iJDC provisions as to matters not otherwise specified by this agreement. Owner shall supply a copy of the detailed site plan, as necessary, to any potential buyer or lessee seeking CZC approval. • Allocation of retai•1 and office square footage_Concurrent with the DA approval, Owner shall provide the Director an initial allocation plan showing Owner's allocation of the Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 22 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 allowed retail and office square footages to the North Parcel, East Parcel, West Parcel, and/or to any legally divided portion thereof. The initial allocation plan or a revised allocation plan shall be valid provided the sum of the retail and office square footages allocated to all such parcels or lots does not exceed the retail and office square footages originally allowed to Owner by this agreement. Owner, with the consent of any transferee or subsequent transferee of a parcel or lot who is affected thereby, may provide the Director a revised allocation plan that changes the allocation of retail and/or office square footages shown on the initial allocation plan. o If a revised allocation plan reduces the a retail or office square footage allocated to a parcel or lot for which a CZC had already been approved, then the Owner or transferee shal'1 be required to apply for and obtain approval of a new CZC prior to proceeding with development of such parcel or lot. • Where and/or when an applicant has an approved detailed site plan, the Director may allow up to a 20% increase in square footage for any building, or collection or buildings shown on the approved detailed site plan, without requiring a revised allocation plan for such increased use. This only applies where applicant has provided an approved detailed site plan; and may not be used to increase the overall square footage of the allocation plan. • Buffers to residential use. In applying these buffer rules, a residential lot line shall be those designated on Exhibit F. o Owner shall provide a 25' wide landscape buffer, as required by i7DC 11-3B-9 and 11- 2B-3, along the contiguous lot line joining the west boundary of the West Parcel and the residential lot line of the Packard Estates Subdivision. o Owner shall construct a 20' wide landscape buffer along the west side of Venture Street beginning at a point that is due west of the west boundary of the Venture Subdivision that is zoned residential and that lies closest to Fairview Avenue, and, except for access streets or drives from Venture Street to the East Parcel, shall continue to the north boundary of the East Parcel. This buffer includes the 10 foot wide street landscape buffer required.by UDC 11-3B-7 and 11-2B-3, plus an additional 10' buffer width, with. fencing on the west edge of such buffer, and a sidewallc or pathway allowing access to the Kleiner Memorial Park. o Development within 100 feet of the Packard Estates Subdivision residential lot line shall be subject to the 25' landscape buffer and shal°I be further limited as follows. .Retail building or parking shall be prohibited within 100 feet of said lot line unless Owner obtains conditional use approval. Office and residential development shall be al~l'owed, provided that residential development shall be subject to conditional use approval. A perimeter drive aisle connected with retail or other uses, an approved ,public or private road, curb, sidewalk, and/or buffer or perimeter landscaping may also be placed in and count toward said 100 foot setback to retail use. No part of a private or public road, including any sidewalk, shall be placed less than 60 feet from the . residential lot line of such subdivision, unless Owner obtains conditional use approval. o No building over 26 feet in height shall be placed within 100 feet of the Packard Estates Subdivision residential lot line contiguous with the West Parcel. Meridian Town Center AZ-07-092 & VAR-07-017 PAGE 23 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 • Off-.street parking_Owner shall provide a minimum of one (1) parking space for every five hundred (500) squaze feet of gross floor area of nonresidential uses, as provided by 11-3C- 6.B. Required nunimum residential parking ratios shall also be deternned as provided by UDC 11-3C-6. o Upon review of the detailed site plan submitted with application for certificate of zoning compliance, Director may request additional evidence from applicant regarding parking coverage and rnay, subject to the standards of 11-3C-6.B and if not satisfied, subject to Council review, require revision of the site plan to provide additional pazking spaces for nonresidential uses, with a required ratio not to exceed four (4) per 1,000 square feet retail gross floor area, ,and three (3) per 1,000 square feet office gross floor area,. Owner shall prepare the .revised site plan, as provided above, which shall comply with the increased parking ratios as determined herein. o The minimum parking stall width and depth and drive aisle width, and other design requirements, shall be as provided in UDC 11-3-C-5, or in the alternative provided by 11-3C-7. The wheel restraint specified in LJDC 11-3C-S.B.3 shall not be required for internal parking spaces not adjoining a property boundary, landscape islands, sidewalk or pathway, building, or any sirrular development feahue. • Parking lot landscaping_Owner shall provide minimum parking lot perimeter landscaping and internal landscaping as required by LJDC 11-3B-8, 11-3B-5 and 11 3B-6. Landscaping shall be installed prior to occupancy for the applicable parcel or legally divided portion thereof, as required by UDC 11-3B-14, subject to any extension provided under 11-3B- 14.C. • Building size. Placement of any building with over 200,000 square feet in retail gross floor area shall require Council approval of a Development Agreement Modification. • Building hei t limit. No building shall exceed a height limit of 65 feet, as provided and defined by UDC 11-2B-3, except for additional height allowed according to the terms of 11-2B-3 Note 3, but shall increase in the event the iTDC is amended to allow a greater building height in the C-G zone. • Eagle Road unprovements. To the extent not constructed by CenterCal, Owner shall construct improvements, as specified in the Eagle Road Arterial Study, along the west boundary of the North Parcel, prior to occupancy on such pazcel; and along the east boundary of the West Parcel, prior to occupancy on such parcel. Owner shall not be responsible for road capacity improvements or road medians, but shall be responsible for the 10' multi-use pathway, landscaping, and pedestrian-level lighting. Street landscaping shall also be provided prior to occupancy of the applicable parcel, either the North Parcel or West Parcel, and shall be provided according to the specif cations detailed below. • Street landscaping and setbacks. Owner shall install street landscaping along any side of the road that is contiguous with Owner's property and with minimum widths as specified in the UDC, with exception of private roads; street landscaping shall not be required. • Open .space and amenities. Open space and amenities are required for residential uses only, as provided by UDC 11-3G-1 through 11-3G-3, and shall not be required for nonresidential uses, except as otherwise provided herein. Owner may provide open space in exchange for additional height as allowed by Section 11-2B-3A3. Meridian Town Center AZ-07-012 & VAR-07-01'7 PAGE 24 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 Pathways and walkways. Bike paths shall be provided if required by the terms of UDC 11- 3A-4 and/or i.f mandated by the applicable city code (iJDC) and/or road agency, either ITD or ACRD, along Eagle, Fairview, Records, and River Valley Roads. Sidewalks, walkways or pathways shall be provided if required by the terms of the UDC and/or if mandated by the applicable city code (UDC) and/or road agency, either ITD or ACID, along public or private roads. fiver Va ley Road in addition to th e 10' multi-use oathwav along Eagle Road on the west narcel. Owner shall not be r eauired to construct a third north- os uth ~thway for th~WesiParc~l Thic ceco nd oathwav shall serve as t_he multi-use oathwav reauired by the. Pathways Plan and s hall be generally situated in the western one half of the. West Parceh from the general v icinity of the l/R mile line west of Eagle $~~_ with a IOwanCe made for the final locati on of the 1/S mile access On Falrvlew • _.-~-_.. ~.. LL.........a 1........7........a .......1.1.. lL ... ae i ....r. Ti anln D.noa Thn no+hw9v msv in connection with the road The oathwav may be conctructed ac a detached 5' sidewalk with 5' landcca~ can or as a 10' multi-use .oathwav • Site internal drive aisles. o North Parcel: The extension of Records Road shal•1 be deemed to satisfy the requirements of UDC 11-3H-4.B.3. In addition to providing Records Road right-of- way, Owner shall provide a minimum of two private or public north/south road or drive aisles (drive # 1) connecting, the north boundary of the CenterCal development to River Valley Road. Owner shall connect to the CenterCal development at a minimum of two locations and shall extend such connections to two separate access points at River Valley Road. Owner shall sign a cross access agreement with CenterCal Properties and shall submit a copy to City Staff prior to development of the North Parcel. Owner shall sign a cross access agreement with Bach Homes allowing Bach access to River Valley Road. o East. Parcel: Owner shall provide a minimum of one private or public road or drive aisle connecting Venture Street with Records Road. o West Parcel: River Valley Road (on the west side of Eagle Road), currently enters the property and then turns north. Chateau Drive also enters the property and then turns north. The school district has private drive lanes that connect to River Valley Road and to Chateau Drive. The Owner shall be required to work with the City ,ACRD and the School District to develop a vehicular and pedestrian circulation plan (public and/or • private roads) that not only allows for connectivity of the residential neighborhood to the school and successful development of the West Parcel, but that discourages cut through traffic from Eagle Road. The City anticipates that development this property will rely heavily on the extension of connection to River Valley Road. The City strongly supports this connection in concept (as consistent with iJDC 11-3H-4.B) but realizes that the details will need to be worked out when there is a detailed site plan to evaluate. Any approval shall involve a public hearing with notice to surrounding properties. The public hearing shall discuss the manner of the connection/extension, not whether such connection/extension of River Valley is appropriate. Such access is a Meridian Town Center AZ-07-0:1.2. & VAR-07-017 PAGE 25 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 given, subject to any ACRD requirements for additional right-of--way and/or widening of River Valley Road. The City shall accept a private road that generally runs north/south that connects Fairview Avenue and River Valley Road, including any approved extension of such road, as meeting the requirement of UDC 11-3H-4.B.3. This does not preclude the Owner from requesting a public road to satisfy UDC 11-3H- 4.8.3 in this area. Additional site and building design standards. Additional site and building design standards shall be formulated and agreed to by the parties, preferably prior to annexation and zoning, but no later than Owner's closing with CenterCal Properties. Owner, a transferee, or subsequent transferee, of any portion of Owner's property, may elect to the follow Code site design review standards of iJDC 11-3A-19 or successor provisions in effect when a certificate of zoning compliance is applied for in lieu of the additional design standards ,agreed to herein. Future Applications. All future approval requests (including but not limited to preliminary plats, short plats, final plats, certificates of zoning compliance, rezones, property boundary adjustments, alternative compliance, conditional use permits, and/or variances), on North Parcel, East Parcel, and West Parcel shall be evaluated consistent with the terms and intent expressed in this Development Agreement and/or as modified. Where this Development Agreement has expressed specific standards related to use limitation, allocation of retail and office gross floor area, buffers to residential use, off street parking, parking lot landscaping, building size, building height limit, Eagle Road improvements, Street landscaping and setbacks, open space and amenities, and pathways and walkways such standards shall apply as stated and shall not be subject to future UDC amendments unless specifically stated within the DA. Specific Provisions for Development Agreement No. 3 (CenterCal Ownership): • All structures on the site shall be subject to Administrative Design. Review in accordance with the standards listed in UDC 11-3A-19C. (Note: The internal buildings shall not be subject to the 8 foot wide pedestrian pathway requirement from the perimeter sidewalk to the main building entrance.) Residential uses shall be developed on the property at a minimum square footage of what is currently shown on the concept plan (209,250). Such uses may be moved to a different location as depicted on the conceptual site plan and maybe modified to meet actual market demand at the time of development. If the Applicant chooses to remove all of the residential from the project, they will need to obtain approval from City Council for a modified DA. Because the City believes that this project could support more vertically integrated residential, additional vertically integrated housing shall be allowed without triggering the need for a DA modification. • The general configuration of the shops around the plaza areas shown centrally on the east side of SH 55 shall not substantially change. Amenities such as water features, benches, on- street parking, vertically integrated buildings, stamped concrete crosswalks, and a mix of restaurants, retail, office and residential uses should be provided as proposed. • Across-access agreement shall be required that benefits all businesses within this site and the property bounded by the property.luie to the north and by Records Road to the east. A recorded copy of said agreement shall be submitted to the Planning Department prior to or concurrently with the first Certificate of Zoning Compliance application for this site. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 26 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 • The applicant is required to comply with ACRD and ITD conditions .prior to receiving approval for anv building~ermit on the site. ~rther,. the City will not sign off on any occupancy cards without first receiving ACIEID's signature and sign-off. All applications on this .site are subiect to ACIEID's project specific comments, reeardless of the type of an~lication (i e. conditional use permit, certificate of zoning c, _omuliance, etc.)." 2) "No details. related to access to the .site are approved with the subiect AZ application The proposed access locations on the major arterials should be approved by ACIEID and ITD and cannot be evaluated until a traffic impact study has been completed. • Ri t-of-Way shall be dedicated for the extension of Records Road (and E. River Valley Street, if CenterCal's ownership expands to the North Parcel of DAli21_ Const coon of Records Road (and E. River Valley Street, if an livable shall take place with the initial phase of the project. • Structures and panting areas shall comply with the entryway corridor design standards, per UDC 11-3A-19C. • UDC 11-3I3-4C.3 requires aten-foot (10') multiuse pathway to be constructed within a public use easement and pedestrian-level streetlights and landscaping consistent with the Eagle Road Corridor Study to be installed along SH 55/Eagle Road. • The internal circulation system for the development shall included one or more north/south connections from Fairview Avenue to generally the northern boundary of the CenterCal property. These can be a public or private roads. The road should provide a safe pedestrian route (5-foot wide sidewalk). The road should also safely move traffic throughout the site and discourage speeding through the parking areas. The internal circulation system maybe phased as appropriate to provide adequate access and circulation for the structures being constructed. • Staff is very much in favor of the proposed panting shown in front of the large multi-tenant retail buildings along the west boundary of the site, west of SH 55 (see example in Exhibit A.4); this pazking concept shall be incorporated into the site/pazlting design east of SH 35, between the stand alone pad sites along SH 55 and the lifestyle center wherever possible and where consistent with the design concept. • Prior to Certificate of Zoning Compliance approval, the Applicant shall submit a plan showing safe pedestrian routes at regular intervals within the site. These routes should extend east/west as wehl as north/south. The pedestrian system may be phased as appropriate to provide adequate pedestrian access for the structures being constructed. • Prior to the issuance of the f fth building permit within the DA boundaries, a final plat shall be recorded that dedicates Records Road from Fairview Avenue to the north property line and River Valley Street from Eagle Road to Records Road. All properties within the eastern annexation azea shall be included on the final plat. In the event that Records Road extends from Fairview Avenue to Ustick Avenue, the timing with regard to constructing River Valley Street may be re-evaluated by Council during the final plat approval process. The Applicant has offered to construct certain off-site road improvements to Eagle Road, subject to the express condition that the Applicant be allowed, on conditions acceptable to the Applicant, to obtain full reimbursement pursuant to the STARs legislation, Idaho Code. Section 63-3641 ("STARS"). In the event the Applicant is not permitted to obtain full reimbursement pursuant to STARS, or elects not to make such improvements, Applicant shall not be required to construct any off-site improvement except as necessary to provide Meridian Town Center AZ-07-Od2 & VAR-07-0I7 PAGE 27 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF J/WUARY 8, 2008 access to the Development Agreement #3 area and may submit an alternate access plan for approval by the City Council. This does not negate the Applicant's obligation to improve the frontage of the annexation site as noted below. • Eagle Road along the frontage of this annexation site shall be improved by the Applicant in accordance with the Eagle Road Arterial Study. These improvements include, but are not linuted to: capacity improvements and any related drainage facilities, landscaping, medians, and pedestrian-level lighting. The specific improvements to be constructed shall generally be in~accordance with the ICittelson and Associates drawings, shall be delineated in an exhibit to be attached to the DA #3. • The applicant should work with the adjacent developers to the south (Developers Diversified) re__garding their offer to share traffic and general knowledge of the area. • The following provisions that will guide staff in administering the concept plan over time. This references the long term implementation ofthe concept plans and guides the Director in how to determine consistency. If the proposed location of buildings or uses is not generally consistent with the approved concept plan, as determined by the Planning Director, the Applicant shall .be required to get City Council approval of a Development Agreement Modification for a new concept plan. \ o In determining consistency, the Planning Director may allow a plus or minus 20% change in square footage.for any building, or collection. of buildings, as depicted on the concept plan. o Relocation of buildings shall be allowed provided that the impact to adjoining properties remains the same or is less than that depicted on the concept plan and provided that the integrity of the concept plan remains unchanged. (For example, for buildings that are placed to form a central plaza, those buildings may be relocated if the plaza amenity is substantially equal to or better in size and character than originally depicted.) o Changes in uses as depicted on the concept plan will not be allowed on structures immediately adjacent to existing residences at the time of annexation without the Planning Director's determination that the proposed use will be less of an impact on adjacent residences. Changes in uses elsewhere may be allowed if the general impact is the same or less than that proposed. The Director will seek advice from ACH_D regarding traffic impacts associated with any proposed change in use. b. Staff Recommendation: Staff recommends approval of AZ-07-012 and denial of VAR-07-017, as presented in the staff report for the hearing date of November 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Meridian Planning & Zoning Commission heard the AZ request on. November 15, 2007. At the public hearine they moved to recommend approval of the subject AZ request. The Meridian. itv o ~ncil heard thece itemc on Tan Marv 8 2008 At th pubbc.hearin¢ the .pun '1 annrov d th .c obi rt 7, rea ~e t. (The V R wac contin ~ d t ebruarv 19.2008: ther fore ctaff hac del ted a 1 analvcic and findin c r dated to the VA from thic do um nt.l 11. EXHIBITS A. Drawngs/Letters 1. Vicinity/Zoning Map 2. Conceptual Site Plan Meridian Town Center AZ-07=012 & VAR-07-017 PAGE 28 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 3. Map Detailing Development Agreement Boundaries r 4. Example of Parking Layout Favored by Staff 5. Plan Depicting Proposed Access Points to Site 6. Revised Concept Plan (dated: 9/27/07) with Changes Noted 7. Parking Areas to be Reconfigured Consistent with Exhibit A.4 8. Memo from Staff Detailing Changes on Revised Concept Plan 9. Letter from Ada County Verifying Parcel Status B. Agency Comments .1. Planning Department 2. Fire Department 3.. Police Department 4.. Ada County Highway District 5. Idaho Transportation Deaartment C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code E. Table of Proposed Uses F. Residential Properties at Time of Annexation (DA #2) Meridian Town Center AZ-07-OL2 & VAR-07-Oi7 PAGE 29 CITY OF MERIDIAN PLATRVING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8,.2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A PAGE 30 2. Conceptual Site Plan Exhibit A MERIDIAN TOWN CENTER S~H~n~ Merldlan, Idaho MAST62 PLAN CENTE~~1. ~ si ~uc~v e m m, m Exhibit A 3. Map Detailing Development Agreement Boundaries MERIDIAN TOWN CENTER scf+~rc :,,~.....:~,. . ~ MASTER at~u+ ~i'~~t'~~.~ ~ vs~raaw .. e 4. Example of Parking Layout Favored by Staff --~ Exhibit A 5. Plan Depicting Proposed Aceess Points to Site (F= full Access, R= right in/right out, L= left in) F1 ~ ~ ~ ...,...._ ax~xixx ....... ......., ~ i o a~+~~rx~xxxxx~xxxw~o ~~ ~••••°°" ~~ ~ ~ axx~ixxew ax~raxxrix~xxxx~amx~w ~ ~.~,~• ,,;~~; •~.~•,~ w,~~ a~xxxxexxwero wxxxix~t~ix a~~t~xr~ixxexw o axax~x~xexxxNxwa~aiiaito ~•~ ~ ., ~' m,m,,,,o, ~ ~o axxaaew ax~txx~xnxxx~xxxxea~i ~ ~• R7 m '°"'° ~.~...~.o. ~ .~.. ~..~. mao~mo.m. ~n Rl aabo ~ o~ ,~,.,.~~ .a.w.~. - ~..~, w,® a~aur~am ,~.a,. aaau wwo~mm OiNNBIkNHN A aN1 fl8HIXHHHB tmmv®~0m m~w~n ma.d. 9:1 ~ ~~ p ~ pffry UHH y~pgry~p HNIIHIIIHtG mawimam~ ~sana eaawe ~".aa.e uao psima°q° aa~uie wig ~aa ass mam° ~Q ~ marN®~e ~s~mo s iaaw w ~awim.u® tawu I ' ~ xx ' ~ r ~ ~ ~~ L2 a m ~ e ~ j ~ ~ a ~ I "T' ~ I OHHNNHHHNNHO . . :~ ;~ ~€ ~ ~ ~ oxxxxxxxx~xw ~ I ~, OWWRHHHH911AD i ~ ~ ~ ' oa~xn~xixixxw~o I I ~ ~, ~ ~~ ~ ~j i~r f I ~~~~I~ - a - ---o- - - -- -- -- ~ --- ---- -•- ~, j .~~~~„~~~ o ax~xxx~o ,~ j ~ ~L. j 1.18' !Ja I ~ ~ ~ ~ o ~u~. auu~m I , - aexxxxeo I T I i. ~; I I Rll ~R10 ~ ~j R4 ~ ~ I. n m ~,i~ .o :1 ~ , 8= ~~ ~ m MERIDIAN TOWN CENTER Merldlan, Idaho ®.. m CENTS ~ e F2 E1 i Lr ii SCHEMATIC MAS18t PUW s~ ~uc~oov Exhibit A 6. Revised Conceptual Plan (dated: 9/27/07) with Changes Noted ~>u - .- I ~. . _--- __ -------• Changed from office ~ fl ' ~ ~ ~ :, ~ ~ (27k) to retail (32k) - I~ _ ~ ~ 1~R1 et9alareet~i&~ ~ I f ' it ~ Changed from office ,,. :9e1~ l ', (27k) to retail {3Ik) yy AEW l ~ I _. _.-_ . WB~83,9PJ , o y ~ X11 ~ ~ ~__ ~.~ jl .1 C ... '. .. ~ ~ t ~ Increased office from SOk, ; 2 levels to 60k, 3 levels .,e, I ~1 ~ ~ ~, ~~+.` ° ~ ~~ ___ .. `~ ', _-~an:aaiiid~ om L '~ `:ie~•uia~~mc n;iaie eti~oiirs u,a ou ocv~mn ..ooe ~ s aiem~ eemoeu ~ aver' ,opes . ao.woe we. .mss. ems '~°~ ae®r . ~M4 ~lY0~IfIY •Nr~ ~Oaiew.o.me mm!' awm .. ne.m. ,m..ao,o..® .wau.~ ~mnaaseam wry uao• wwaeara ~~ ~ - . a.e.a~o® mmo. wws. - nes owmuosm IRA McOeetlaa m,u~u 6®OfYY Ti - IM.QOAPA AOIC ' ' aiRieal' ~ ~ °I MU , w„m ~ ~~ eomwr~woo' ~neme~ ;oi...aa .ee .ems aems~ . . 1V!~ner~mun .ar imveinaos~o, twruus ' ~iee ~ unm v~ut l ------------ ---- s , ~,~ , ~n~ of ~.1~1 ~~: li~"1 t~~~~~~~~~. i j'~~W a0.p~!el ' I ~ { ~ IWI®Ipi41H ~: - .~ ' j~ , 4~ ~~ Increased office from SOk, 2 levels to 66k, 3 levels Increased office from SOk, i 2 levels to 66k, 3 levels S ~ ~ '. ~~ ~~ 6 __ ~I ~ ~~ ®~~. ~ ~ i ~:~~~~~.~ Increased office from ~;II ~~ ~ `~ m ~~ . I ~~ 13.Skto I4k ~~ ~r. -- - _- - --- =- --- - --- -_ - _o= ~~ - M E R{ D I A N T O WN C ENT E R ]ncreased office c~Etiwnc ~"°°"w"°+"°"a'° Melldlt7n,'Idt]h0 from 13.3k to I4k TER PLAN e m m m on, 175~f10D7 Exhibit A MERIDIAN TOWN CENTER xH~,,,,,,~ .`°°"•~-••0Y _~ ~ ~s MBAdbn. IdOhO MASTBt.RL4N ~1~Y i:i Y~~ 1 © 9g1'~7 7. Parking Areas to be Recon#'igured Consistent with Exhibit A.4 .. _.._.._.. l.~.~,~: _.._.~.:i. ~~~ ._ ., _ ~;,1lM,,. _ ,._. . ~w on.a~ar.~ ''v~. e ~~ ae.ryelra ~a ~ y ! ui e i n~t ra~~r. +:oiro~ aaro~ mewlpic, ~~lApw1 r Je• vrcl. _ v wwq i v ub . lu~~ r l. n w ECit?.4 -~7J0 M/. . IqM• t.IW.MlTJ MA l0®~ tbQl .. !~llll~ t\Nt m>4~' !lMIMO'JC W71~ N~tMll tv'l+~9gOWlJ!*1 q1'. !J!!~f Ii1MM0 M)C !~!{~YtI~ ~YIp~pO~M:. •iV ~1JW ~Y~alJl. m04W lM~+Ia10W'11~ ~'pltYrl! Iowlovta Oo1)aln! sM1Wi !!eol.w.!)u, p.Jaula lutew~~ newiaaw. araw ~s ~!Oi : ! . Lt4ldY~4' '1ClIU Q baph 1A '"U~ { ,: ~ '~hle~ I WIDV lar~iaew nlrov l1W.INl M'~ fla!!q aa)m a~+ _.,~... _ - a _. ._ Exhibit A 8. Memo from Staff Detailing Changes on Revised Concept Plan INTEROFFICE MEMORANDUM TO: PLANNING & %ONING COMMISSION FROM: SONYA WATTERS, ASSOCIATE CITY PLANNER SUBJECT: MERIDIAN TOWN CENTER (AZ-07-0]2) ' COUNCIL HEARING DATE: OCTOBER 4, 2007 DATE: OCTOBER ]0, 2007 CC:. CITY CLERK, ANNA CANNING, CALEB HOOD, BILL NARY, TED BAIRD, ASHL EY FORD, ANDY WILK On September 27, 2007, the Applicant for Meridian Town Center submitted a revised concept plan for the site. The area depicted as DA #2, in Exhibit A.3 of the staff report, has been modified to reflect changes to some of the potential land use- square footages. A copy of this revised concept plan is included in the staff report as Exhibit A.7. The following changes were made. in the proposed squaze footages of retail and office uses: Pazcel west of SH 55/Eagle Road: • RetaiUrestaurant uses were increased from 730,500 squaze feet to 873,500 square feet for an increase of 143,000 square feet or approximately 20% • Office uses decreased from 574.,500 squaze feet to 480,000 square feet for a decrease of 94,500 squaze feet or approximately 20% Pazcel east of Records Road: • Office uses increased from 187,000 square feet to 220,000 squaze feet for an increase of 33,000 squaze feet or approximately 18% • Residential squaze footages did not change No revisions were made to the retail uses proposed at the north boundary ojthe property located on the northeast corner oJSH SS/Eagle Road in DA #2. The revisions resulted in an overall increase in retail uses of approximately 20% or 143,000 square feet, and an overall decrease in office uses of approximately 2% or 6.1,500 square feet, for the portions of the site depicted within the boundary of DA #2. (Revisions were made to the original memo dated 10/1/07 based on the adjustment ojthe DA ownership boundaries; the original boundaries were shown incorrectly.) Exhibit A 9. Letter from Ada County Verifying Parcel Status pxo~:xzosrtie~-?soo DEVELOPII~~NT` SER~TICES~ FAX;S2$8j' 28?=79p9• :200 Wi FItQI3'!', $Cj18F,:ID~-F10 88'7,0278.00 .June )44y 2006 Dav%d ~delzer Wallri; ~H: itrFsuSene:dGi:: Kleiriei '9841 •Catr: PL PT: I'Q :Box_;Q003 •Seatde;. WA 98103: BeUevue;, WA 98009 _. _ - RE: Ville. ik200600164, Parcel 1i Sx100.3465Q3' ~areeel 1 RS 2); 51104L98600 (Paeoel 3 8s S11Q5~14901A {S~8rce14j: Property gtatusxe~it5 foi:popemesi;lotetea inSecitop•4 (Pai+cel 1, 2 6i 3), ana:$ection 5 (Fropert3r.4); ~';3N; RL>:, B.TvI;, Merid~,xs, Idaho, Ri7'I':(Parcei 1, 2 bti<-4): su'i~118b'OilitriEles(FacceT3). Dear: Applxcscf/OwKerss This'ieport is i~ t+esD.onse to:youe applica"tigip of t»ne 1, 20Q6. In your appl(catton you seek oonfiituatiob that the .propertie9 deicribecPiA Wariaiiiy Deeds:823744 8, .823745.{of reoord~on _... October 16; ):972) are four distinct:properties~and~exetnptfiom the County's oontigiuous'par~is provisions. (ACC g-4A 8) `Youiplans are:tope~t'oUfl~a PTaPe1h' ~~Y~~~~ to create a 60=acre ~parcel'to '0e ¢oede~: separately to £ugeite Kleinter fordedtcation and developmiept:as•a pu61[c,patli.. Whilo: sigafiom-t infonn~fion: as: to the chain of title-was provided' witB; flre application, Warranty Deeds $23744 athd 823745•ate most:petbnent to this analysis.. •~ey establisti that tho.•four aepaiate partrei~ as:s~h_owii~in your Fabibit A, `8t'e coitstdet~ed°sepacate~arcelsillet ark e~cempt fl+orn•the C.ourity°s cont<giE6us parcels pmvtstons: Tli'e parcels-all tnect current dimet>sidnal: standards:.of~ijte: Ada County'Code and ace .tfieie'forelegally: oonfoiaairig,paicela;:despite-taz garcel rccot+ds:stiowingonly`th;ee'•distinetpaROels: I~owever.Parcel•.:3,. ~tieeQ..elteited` ln. what agpetvs to be sa :unsenctigiied ;pxtiperiy t~ounctg+ry. edjiistmeaY. Edith lout SchooY Disbri.ct No: Z, .'I'bis occurred' it :two transaetiors's ... .:Paeccl.S1:•1:054.1'1'200 wa3:crcutcd` by ia~etit-~(991 ~:1'75.0•on Maroh 3;,2060. ~'bis• _ ,.. property ta~ cutr+enttyused .to pdsovlae access to R;ver~ V a(ley:Elementary:School from `P~cliapil N4.3 Subdiv§i_gr: • Pereel_~S1.1054~7.2~1:0 was cieated•~SY iast~utnent'#f:00033474~ oii liana 29, 20Qp. This y~ce ls.cumatG~! useti~to provide ~cce§s,to 3tivei Valley Elehtet+tsry School from Eagle Road.:' _..... - . At th. e`tlt»e-tliat.;these paiceLs a~ec ~: a P'bPet'tY t3ouadtiry adjustaaent epplicafion ores required [~owever,,.our. ~o~tice shall reco8t7iiae the pai+etit•:~tarccl eis'hai~tng xeAttoed by govet~uoDenl ecf,on,per ACC 8=4A 19:and sltall'view~tb,s parcel as a;legally rioQ=cOsifoinung ,lnvptity The twopl!operties notdl. aDovc abaft :~~ dbeen~d to be payf':of tbo Xuain School Distiriat lyaccel (S11:U5.1419U1.) do tbe.anrib: Exhibit A Pl~a4e be. advse~ that a;gublc paxk ~s Allowed with .condttiional usc,:porn~t approval try the RU1' ~and~Rfrdistri'cts,. Condituooal.:use.p.efmits~reciti~te apublrc hear+i~g befoce.the ~la~ning ~c.Zcniitg Cpmtinascoa.:Once an Rpplicatid~, is deemed:.complete it takes aitiaut Three months'co gu :ltu'vu~t+ this pitoeess. Application fon'Y;is rote availabte.oi~ our~website: F•reey. opt~nrial pte-applrcatio~, co~•f~et~®nces ac~e° aw~uiat~te by cautact~ng'ouT liu+~t ~u~it€r :staff a! (2Q8) 267-7900. ~f the po=le Iria~erty were to ~~e. annexed fq and developed ~a the City. o~':lvtendian, you could •need to~ eaofact ~tlie+r pteii~ntng dopasttrient nbaut. th~r. ptocess :for allowing developmerif o~ a•,rArk. ;1•f ynn have amy: gpcsti'on ,•pleasc dq not ~hesitate~ao contact t~:e at (208;) 287-7920' o"r stnai'oiie(c~8a~~:riet. ~S.i+eeiely;: .... ... ~feve•MalonC. P1°anneF II. Ad'a• Cou±ty Developixigttt, $Snrices CC. R~ahard 000k, Planning & Zoning Administtafor A'I"I' A,ppl'icant'sEic~iibirA Wa~tanty Deeds •82.j.7A~ ~&..823745 GIS::Edit Repoit fbr Inst#uinent 99?217.50' E3?S EQt: RCpcTi .~'ir: iii~lt;~~+i~~it f•.OOQ':1~474.; Exhibit A :~ r- O y ., ` ,. ° e'. a ° ~ ° o ° mU0 Q 8~ ~ °.°.. J ~ m ~cm ° ° ~ °.~ ~ o °° a ~ ° a m o°p eoom.~ ~ .. ° ~ U °° .o ~ ° G.Ao° . ~ ~ ~ pq ~ ~ °o °.. o ~, °' a aAp a ~ 0 q ,o ° ~ .~° ~ ~ ° =a , Q ~ ., - ° a ° - a ° ° Q o 9 a o° °" ~° ~ ° ° a°~ ° ~ o =-m ~ ° ° ~ a ~, ~ U ~ b u~+r ,v : °~om°o~~ o o e ;c~ 0, 8 ,0 00 1pp~~w "c ~.Lo ~ a ou 9 0 O'0 0 1~7om o ° o~oo `o ° `®..' o c eo ow.n a `p ' 0 0 0 ~ ~40a - o t ~lbmO m4 g dO o~ 9i~9 0 0 04.0 0 o o ~ QfY o ~Q 0~ ~ ° o.. d ° EXHIBIT A i Exhibit A G'00~ G"~u~ff ,.. :~~ .~; ' . .. ,° • };~!. y0; vaYov iC.atO'~:Yed•, tTs'o :S~YdlE CY '~l46i1 !~e III.BIfiBR, geaArp~;ea,, t~ti •~ ` ,r by ~ralter ~ai~:'3clei-nei an9 Bugene !t. xlciue=., .peromn~tl ieytl~- eeHtiatvee., the graittoz, •enee :Pe.Tebji grade; ~eigafn,, ~e+11 mig' °~ ; .. uru~eo,Y :nnta 1QAL'3!&1t 3tpeataA• 1LtiL21~A aril felDC¢!TK /{. 1t1a8let$N,.'®s 'indlvldtia~.A:;. •ttte .ganieee~, the ioxiowng. deserbe0 pig~atavo, '~• • 3: to..~wiEt • T„a .Bbj ef• Lfig spl~ ~Itia. tb_a ~ of :tbe SNm .anA' Clue pay of '~ tlttr '3M~ .dI the. 'C~, iri 40.6ti~ea l;,. of14 't-io P!~ nP *hw _-. 9Bdj ii+ 9ecti.dti S' 0'13 to 4rOfRlpiil8. 3' Noith, 'RaPQe 1 Saet of the Bo~so meit'~diaa, Yn ii~a• coanty~ Teaho.. !CO flBY14 AUD, T.O SOLD unto tne~ partlee o'Y the' :eeeotrd part c'A the43' .respective. e.ola' end' aeporexe' gtoper.ty, oacl+ to Aeld, an egn®1 .ah6 unSlvided lateest 'tiiorean, ~as :teiiaiite .ip eoIDAati~.- Tllztl' :D8i0D Sa: tieing 4.glk.ycrod undos. and b!f v:iz~vo. ?B an Otdgr 'Coelf:l~aing ;ea]! q4 Aeal Propnct9, e0a@e. tip ,tho D~st~c Coast Of the. T,h`frd .Judicia3 't)Lstrlat. e£ et}6. Sote' of Ztlahol, !:n ar~0 ,RoX the ~G.avnty o!' Cairyon, naQ.ioltate b~yinfon; seetioe i., on Lhe~ 18ph. dey ef• .i-ugg~l, 197, iel~Yetf. 6rder is by' IxEf®]c~1p4 liLCreso Tabe a :p'wzt 2hofofai, ww though aet :Eo!~th !r fu11 '?iozei.e. T.1i'a~. eonveyapce is an etaso:lute con.voyatice eL fe@• sitoylb t!•t16; Mrtthoq:t reetricioaa of eey Sype. 'or gf;r-e. T.0 ttAVe IIlCD YO HOED the said ?romiana:; wlen iRo1c :agpur- tepanaee unto clue oad•'Gtantnoy, their 'keiro :and assxga6 Eoieogr.. And . ttte gale .G.renaCS •6oca hereby oova~xnt Co ono gEth, ~t?ie x818 Q}yritoese•, ..tRat, it ip LEe caner, in f.'ea efmpl~o pf~ snlC ~ar~isas; that ,ea3.d~ pceminnir .esr; Free tros a31 e~eumbroancc, and 6tjb! i.i a11i: «a~s.~rt 'and de£onfl tbd .88me dram: e3'L lar4al oiefuas Nhat- eoeaar:. ES4ATS~~~~ OF ElRdA .9P. KLEtHER, :BeceaeW;: ` :BY - ... R•EG:EIVED' ~JU'i~ 0~ '1 2006 Exhibit A ~. Q~O~ COQ 4 :+•i^ ,~ iii ~~~" f... - !l` S'~{;.~.y~y. .tt _• Li _ ~.~ ~ .y~ ~ '7• i ~: n~ ~ 41°4 }'4 ~~ ~ ,r, •,y ~ .. - " • ~ •1 C' ..' ~. ... ' ~. ':~ %fi~.~s,'. Reol6..,_ ..`.i .Naia~iti,. Nebo`. -. "uhi •tir`r~jr~(c~r,j` ~ ~~ ~.~.. r• • i r .~, f:pi ~~.' _g~+~l~lsjl 'S rl<?'1!t~Y ~•.m,~oaia SLativr trsrarlrJ~+.~n ..:~ . ~' ~1P ,143:~£R qAQ. ~• 14,,. 1~iBI~B($.. ~* -'-. ,••tr"a . r ~- tr R 1• ~ ;~''?:.fCp?~~pl 'L'316 :~ti2y 1689~9.~t~sQ 8'ud 'SCelm~ ~,ciGgnal i t~~;~ ~r'r•~'/ •4s :.~,B~~s1sn•/w,:"~ ~~ ~~,I~~ ~:• K~6~LI~:'3'. (S@CL•'8@~Q~ lW~~ .. • _ _ _ i,~'3 ~ ~ a: • .. - .. ~• r ... . ~ ~: t~rat° ~~ e~~~, ..~~ the .sao~ego;~g sria~tii~+aene. ~, • • 'lCi~ ~[,1~{7;C• A''i~A>r~, 3 :1-dda ffos"d~nCe ant qy h'd~i'd 'atsd .:~, • F ap: oP£i'c'.t'ai @eal. the Bay aaa~ yAgr in ti~ki9 eerl~i£i.catc• tfat>;~ - . ,~ z above ~irCe~n•. !` i '' ~ ~ el' .lil: ~~N.4 a~rl}rr' 'RI ~D~Ii~;.YS~ /u;, 'Qqi: Gin/~'.~;W.-` i'1 ~' tF:~•i!~' CF{ Er At3G:.J~•~'~': . ~/J GUi ;{!E(tiPl!~tRFN~:_seaOiAee N • ..~• r ~.~~E`fVEQ Exhibit A GOOp 60G'~ .. ... .. ...... i... ... _ ....._ - - ,p,~ ... -- - ,. ~ ~' ~. xi a f.; ' ~. ~' ~' A~~ •'$.• T 'Podt va1dC ;xgoevs8~, ltie. SS1!AT6 Ol! ~. If: 1C1.8YtJ8R; eeaeosce, •bx'•1PC{'1te~ '-S0Lf71fl .~txetl~,nr3• erK7 .Dagcne. M: 1Cleiiici; per ~!' •, se7TL~tvii8y itie gxantbY.•,. dees b~eseDy grabt, iaa=gain,.:sell :aid convej- unto :StALTER' 'lt~tiMAH 1C1:E3H6a :ene Sl!(3Eh.E• K.: ItLBibTEil;. ae :~t,Al.piawli~., •rt~e QsaR"toms, the 'ioliowirig ds0ar.fDeB• prpiptseA~ •td=wi'is . tae :y1~., of Lliq AlP~ wed .aho •Nl1•, ei eho S1a1~• .aa¢ il~¢. '~~ 'oP Che Sf01i~. ol° the SE1~"; f;n seet~,on 4;; and C4ie :6~ o! .eke S£?i in. 8eckiori 5,, iti~ in ?o~o1i'ohlp 3 'carY~; eatsge 1 8~! et• tAo :8o:4ae .bti~idfaq, in 7189 Coiitltiy, Sda?-o. TC" HAVS 1tiTD TO: •HOZ:O unEo thg"~;Les of the secoi-fl. pant a'6 t-~bis respec"tfve• .solo "and eepar~ate propierty, are. bi~cA ce noAd on oQital •aeia".uadYyl9Qd l"n•EbPo"st theirn~h, ae'tenetits in coiamnn: Ttu:s :igaq, .#A. belrio `delvei'e~L under- aoo by vtr£u~ ore an: Osd%r.. Con:Pirm3.nq, $:aSo of Real 9:ropercy,. agdir by 'the. DiBtsict G(7tirt O~ the 7tf};rd JI1diCi~b DS;d+Er1oC vS tl.a Op'ete e[ Z4aFi8, LR and' £or el+o county. •o€ Canybn', 'bieptelitste t31•yae,lon, S~CLiAH I, "On the ~8tfi day, o!' A4qust; }9~'2, which ocf9m! i,a by rofoit.EtlQa Rhere"tp :m'ade' a pant here'ot. ; es tRvvglf eob fa;th. Sn .Full herain.- Thie: CdaveyAace 19 .an ~abaoluto~ conveynncQ o! :Lee siapla !„ttlo; vitfiiiu"< <+e.c-icbioriq d.E'.'eny 'tji,pe er'.~ield_ Y'o` :rpvd :nND Ta .H~~ fhe Bald preailaea,:,." as.tr• irax:: •appur- Cep6in0oo• •unEo tr8o a`si'~ Gxa[iteAO', 'th'®Sa hears 'aA8 ass1di18 3erev:e1C•. itne3 khe SAid G"s.8ritoE doea fietesy :covenan.C to "and .vi.th the .ga4'.d::crsntgac.; ant t't is. tiha "caner in: tea ~s.tiople. bL~e~ld yje~.ee•aoeJ kA~E ma1.1 fLrom',i.ee;9 6k¢ .free .fzdm. ell` ene~+a-brenCels:; al+d .tt~st..it vYlx vazXSeiC ae±d defoa0 the same ';ir:en- all. l.u+o~ul ~e!tA'TB 'tip 3.. "M. 1cLaleseA"; eeeoaaoil: ey ~ ; ~' ..~.. '~~ °' . Pe`. ..~ ""nta ~viao k } f R.ECEIVE~D J:U1~ p 1 2006 ~aA oourr~v ~~~ Exhibit A ~oo~ doQ~ T ~ ' ,~' 1 ~-.G ,~ e ~ ~ y lr.I ~1' ~~J11 y,• . 1y~ VSL ~y~~jJ ~! G $~. .• `•• ^ . , ~~ . y T,. ~~. • ~_:. , t- `~ ~ 6AAbt?,11t ~ z ~ ~z ~,. 1 r , f >~ " ',.,,~ ? ~r a.~,~...,~! d•.B.HspRe~bec~~ }r97$. ~ ~ ~~/..,, . p~y1~~1 . ~,~.~~~, • ' `¢ x~~;.~d f~~~ teats. . , ~ . ,~~E+•~o¢~.ii igtAt/jC6A: t8 1t1.E2Nt;,R ane StSGfd4E •!!. RL..Q~~ CO„• . ~ ::,,. •r~ ^ ~. Lay ~ i':~ ~:~ '(~e:.rhs fluty appbint}ofl •asid• aaLYa~ ~rsonal :r.''t~!~ - 7` + ~ •n ,. in .xAs EaWCe bX .a..:Da. gi,elleis, seoaaiao~y ~h~ oolia~-l5~tged ca , ,~ ptil. ~bst::Clie• egt~atie .es~eC-ite~l t1-e.. ~oregoe-g inat.urprinre,. 7inr 1QiTisrEas SPilsR£08, 2 bays hereynto. aee my.'ilaad.:atld. aff3xEQ~. icy. of~3ci8Y seal, ~ti4e 4ay e-n8• year i'b 'Chi® costiE~lcat~ ~ir~t gDO.V,C w7citC9n.. r ~ . `~~ ~~ L W i;iC ' o~ 0.. ... , eee "ae.e~ lPByripa; 7ciiiiho: .~~ ~ . . .......: e MiAa ~rV.n gRioCL R~-1S. 1.~::OtA -s ", :li7L. .Ly..~. '.1/o•FEtFC£ Il RMa:4 f JJ '.. r w •AECE.bVE JU~~ ~ t 2006 AOiA.C011N-Y OEVELaPI~f~i-r~i11~iCE3 Exhibit A :e:~aoo.•u~a.caom~ eiaa~+•m ioicmai ei~: ~ s+tz»so 3N1®B' ~AiA~:~i'OM1r~'Ni1'~i ~~iP~~>fOCO~ Qf ~A AMCW 1111.IBef041MO~[~101~Q1M~!.000iI/flOr _~~Ef ~ tb~~1~ im.muxn ~erm.•wIn ~o~n! alwvon • os mlr.va+ ~rr~'ov9u~zdo ~3E~ Owr f!!i,Oq fMIB3 lskmaree~ales rw ems r ~rd.>t1~~rde-~m~ I~O~»00 tAIt01aQ/tlIWT ~w ~Q1 mIWRA~g6t•t1lNpti~01T601.Of IW~QI'~t ~~:~ 1000011f~' ~ Osb tO~kH 4Mat ~' r.ls~~~lAQID N1-tO~ ~~_ ~ 7 . :' c. :~..~- _. ~4d4~ Mmm.6g1i1 Iwn-.ior. uelbMauawulm ~ Exhibit A B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (prepared on August 20, 2007, by Michael Byrns, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.2 Prior to annexation ordinance approval, the owner(s) of the subject property shall enter into three separate Development Agreement's with the City. Said Development Agreements shall be signed within 1.2 months of the City Council's approval of this application. Please see Exhibit A.3 for a reap detailing the boundaries of land that will be incorporated into each DA. Each of the DA's shall include, at minimum, the provisions listed in the Analysis section in the Staff Report. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Eagle Road. At the Developers cost the applicant will be responsible at to connect to the manhole located on the west side of Eagle Road and E Leslie Dr to bring a 12 inch main south to serve the west side of this project. The east side of this project can serve two different ways depending or the plans and profiles to be submitted to the Public Works Department, One to the 12 inch line to be installed in Eagle Road and Two could possibly flow to the 8 inch line located in N Chandra Way. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City ofMeridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Eagle Road. The East side of this project will need connections for fire flow to Venture in the south east and Tweedbrook in the north east. The West side of the project will need connections for fire flow to Fairview in the south and Chateau Drive in the north west. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-T3 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detaileii agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 The applicant has not indicated who wil'1 own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iJDC 11-3A-6). The applicant should be required to use any existing surface Exhibit B water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system 'shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. 2.7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.1 U Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, rnicropaths, and landscaping maybe bonded for prior to obtaining certificates of occupancy 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.12 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.13 Applicant shall be responsible for application and compliance with and NPDES Permitting that may lie required by the Environmental Protection Agency. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.5 Developer shall coordurate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near~sidewallc the applicant shall comply with al'1 American with Disabilities Act requirements for unobstructed sidewalk access. 2.l 6 Compaction test results shall be submitted to the Meridian Building Department for all buildurg pads receiving engineered backfi~ll, where footing would sit atop fil°1 material. 2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2..18 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no fiuther than 400' distance in between locations. Final design locations and quantity are determined after Exhibit B power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. _ 2.19 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape imgation if approved by Idaho Department of Water Resources .. Contact Robert B. Whitney at (208)334-2190. 2.20 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-l -4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.21 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %i" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10' and horizontal obstructions within 3'. £ Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all_ proposed or existing hydrants for all new construction or additions to existing buildings within 1.,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 The roadways shall be built to .Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no panting. Streets with less than 33' shall have parking only on one side. These measurements shall be Exhibit B based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The proposed residential structures consist of an estimated 180,475 square feet (number of dwelling units not specified). The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. Accordug to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3..1.2 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and eff cient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 The. Fire Dept. has concerns about the addressing of the future structures in this development and the addresses being visible from the streets which the projects are addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.15 Al'1 portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3..16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m)• b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3..17 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.18 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3..19 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) Exhibit B 3.20 The Fire Department is not supportive of the left-in turn lanes on Eagle Road with or without medians. 4. POLICE DEPARTMENT 4.1 The Police Department is not supportive of the left-in turn lanes on Eagle Road with or without medians. 5. ADA COUNTY HIGHWAY DISTRICT Due to the fact that this is only an Annexation application, ACRD has not submitted formal conditions ojapproval at this time. However, due to the size of this project ACHD did submit comments on this application that are included below. .~'/ r~~~. !~ ~~~e s 'September.28; 2007 To: City of Meridian; Planning Department 660 E. WateRower Lane, Suite 202 Merdiaq; Idaho 83642 Subject .t?,eriterCat Development MAZ-07-012 n/e/c and nMt/c of Eagle Road/Faiiview Avenue fntersedion ]olm 3. r aeagens vr. map, vlae ae~aart s~errr s. ~, Dave slvens,.ormriusomer tea. The Ade County Highway Di"strict has received' the annexation and zoning. application for tfte 'proposed' CenterCaF Devgtoprrient project located at both the noitheast and rtoAhwasf comers. of the irMeraection of. State Highway 55 (Eagle Road) andFairview Avenue: TTie District has .been working with the applleaiiYs-trffic engirtee- to'identify an appropriate scope for the necessary. treftio impad~ study: The District, has not yet• received the required traffic impact study 'for this development` :It ;is the Oistrid?s understanding that the scheduled. Meridian Planning and' Zoning meeting ~mey move forward prior to itha Highway Distrief receiving and: commenting: on the Vafflc study. Thaiefore,. stafi`;is submitting, these prelirniiiary.coinments based on fiie conceptual sife.. Plan :for the City's consideration of the annexation and' zoning application: Additional comments and recommendations wHl tie submitted. once. the District` has reoeiyed the tiattic •impact study. Also, some of~ the submitted comments may be altered QapanCing on •the findings and recommendations of':ttie traffic impact study. Existing. Conditions The State Highway 55/Fainiiew Avenue intersection is the busiest intersection within the state of IdaiiO, The gistrict :receiittY'-eviewed tti8'Pinabridge-Sutidi4isiontocated faither south of this site;. a.nd.ttie projected~traffic voliunes and leve~.of'seniloe are itlentified below. ~~Roadway Functlonal~ TraffleCount Geve4of Projecbedlev®f of Speed classitic-ation Services Servlee at Pinebridge Umk Build-0ut (201b) (Ooae not:include traffic from t;etrterCal ro eel _ .. • Fain!iew Principal `Arterial 37;1.98 east of ~ °E° .. - °C' ~ 40 tNRt• Locust Gnnre_ sins (assumes 7-lanes at build= ~Ma 2006 out .. . spine ?Minor Arteriai '2,376'viiei3t. of Better than Better than 'C° Eagle Road`iri "C° W1arcli 2006 SIi 55` Paricipal Arterial S.f;580°south of 'F°'(Sae "F' `50 MPk ,(Eagle Road) Feirviewin Note below) ' October 2008.... _ .. .. Exhibit B ,• 'Aeceptatile level of seniice :for a' five ane.prineipal arteriat roadway '(Fairview) .is ~E° (37,000. ADT). 'Acceptable level of service fcr. a five lan® minor arterial'roadway :(Locust Grove and Pine.assuniing cornplefed improvements) is`°Dd (33;0:00 ADn. 'Acceptable level of seivice'for "seven lane principal aiteriaf roadway (Eagle Road north of Pine) is tiE° (50,:1?OO.ADT), 'Note: This is based:on titie GOMPA~SS planning Thresholds. The District recognizes that the ex6sting and projected: lei-el of service at the EaglelFai-view intersection is above an acceptable planning level .capacity. PreViousty.thls Intersection was •identifed. as 8 future-urtiari interchange., In• t1~e last.up~latie-tio the long-range ~transportatlon plan prepared°by COMPASS, this •uban iAterchange:impravement=was removed from the plan. Eagle Road is: a stele ,highway, and the Idaho Transportation ~I~epartrnentfias limited plans for improveanerits to••tltis corridor (i.e. centrtr islands for access •control). There are no planned ~capaclty~impcovements~forthis corrador. The~:apglicant is pursuin.® opllons to.udlize •the STARS:funding mechanistrn to add a.n additionai 'thru lame in each..direction of travel to Eagle :Road fin Rivair Palley (approximately v:mite north of Fairview Av®nue) to: Interstate 84: The .District'issupportive of'this effort as: the transportation impacts of this :development.are signiiicant.Eo the regional transportation system. In addition, th® Ostrictwould eltcourage •thatapplicant:to•reriew intersection alesign.alternatives with.ACHD, ITD;. and COMPASS in ~lFghtof.the current High Volume Intersectlon Study cura+entfy being conduct®d by ITD, This stuffy; curreirtty:in draft~phase; identifies intersection alternatives forthos® intersections that•cat€y°tha hi8hest voluriies of"traf5c . TNe study is scheduled to Abe complete in DB.cember30~T.:g tt-e study-r+ecommertds.atternativ~ •to the tradittonsl intersection at Eagle Road and Fairview Avenue, the District.reoornmends that the applicant pursue funding of this improvement~ln conjunction with the other•proposed STAR$• road intprov®inents to Eagle Road; Comments. on• Proiecfed Traffic. and Site Design PROJECTED TRAFFIC While the•tfafBc ~impac~ study is not yet complete, the applicant's traff. is engineer•..has ,provided an estimated tnp generation for ttte entire project based. on :the:applicant`s conceptual plan. At full 'buld-0ut, the ~projed •coutd generate approximately 37,0.00 vehicle trips daily This estimate could: ctiahge if the type or intensity of tlie~:proposed lands uses are alftered.. NORTHEAST CORNER f~rview Avenue Access; Tlie applicanthasa_proposed three:driveway accesses to Fairview Avenue between Eagle Road~.and Records Drive: The applicant has proposed; extending Records Drive.fhrougki the: site: to the.~nocth.property ~fne, as.a collector roadway.. T}ie applicant has proposed one-drneway access on. Fairview Avenue between Records Avenue and. Venture Street. TFie~applicaif •has proposed corineding to Denture Street. .... . , Staff Comment: Dlatrid~_staff is not supportive of the• proposed:drweway on Fairview Avenue. located: closest ~to the intersection dffagle. Road. The proposed driveways between Eagle Road and .Records Avenue •rr~ay :tie. restricted: do riglitan/right-out. . River Valley .Eztenslon: 1`fte.:applfcarif is proposing to build' River galley along: the north• property line to cr~eatea signahzed~intesection wrth Eagle Road at approxiiriatety ttre'h mile between .Fairview Avenue and Ustck Road The applicant is proposing a. slight slfft (approximately 30rfeet) •to•,the south #orthis roadway attgnmert;: Exhibit B Staff Comment: Ttils .coa.dway was identified as a future collector roadway, and the Districtwould regwre. the conswct~on of this roadway with :the' development application. If the roaduvay is proposed to~be shifted south, the applicant will be required to provide access to River Valley to the properties to the.•notfh. Inaddition, the.proposed~shin to thesouth.will impact the existing:River Valley on the west side of State Highway 56.. Records Avenue: The appgcarrt is proposing to extend' Records Avenue as 'a. collector roadway through.:the site to the. mirth propeRy .line: . . :Staff Comment; This roadway uYas. identified .as~•a future collector roadway, andthe~ District world requite the constiudorn of this roadway with the:deve~opment application. Thl$ roadway i"s planned to be extended to.Allys Way (which• is currently under construction forthe..first'/. mile south of Ustick Road) and constructed as:development oecuts .noctti of this site. The. connection to Allys Way.is c~ihlcal tg~tte wehieular circulation wittin~ahis area; This roadway will provide a paratleT and` .alternative route to Eagle Road: The applicant does not control. the property that wfll~ enable the connection of Allys: Way to Records Avenue, tint the connection should _be a r+~utrement of this development. ACRD; the City of Meridian, and the.developer should•worii with adjacent property owners to achieve the necessary right-of way dedication. Gr®eriwood DrIVe. and Meadow tNoodDrive: The applicant has not.proposed any improvements or conk®diors tii ttiese~ existing residential •streets. Staff Commecrt: The applicant wilt'be required to provide ctrl-de sac turnarounds .for these roadways or.canstructa.local street connection within'the unopened right-of-way between these streets. The District. ts. iiot supportive oftying these rural residential: streets.:into the ~propossd commerGal development, The~Dis4rict isauppoRive of.providing the existing r:°e tdenoes access to:the proposed paYii. NORTt+iWE3T CORNER Fain-i®w Avenue Access: Th® applicant has proposed two driveway accesses ~to Fairview Avenue between -Eagle Road and the site's west proparfy~line.. .Staff Comment: If no access pis gained•to Hickory Avenue, one of the. proposed driveways to. Faln-iew Avenue should be fulf.ecGess. Tie full access driveway:s#iould be located as far from: the Fairview/Eagle intersection as is .possible. The second driveway should be restricted to ~rigfit= inhight only: Hickory Avenue: Ttie site has no frontage oh :Hickory Avenue, a collector street with. a.signelized intersection ~wi/Pl ~Fainriew.Ave.nue, The District.believes -that a connection to Hickory:Avenue cowld provide necessary circulation and access to Fairview Avenue: The District encourages the applicant fo discuss these possibilities with the adjacent tar>d owner (a church). Rivets'Valley: The applicant~has proposed extending RiverValley only partially lnto~.the site. Staff Comrihenf: The. appfcarit: h.as not adequately addressed ttie continuation. of River Valley into '.they western quadrant of this•:development: This area of the development wilt require some rede¢ign by-t~e.applicant. ACCESS TO EAGLE ROAp. The applicant has proposed:right~in/~ght-0ut driveways: on both •the east and west sides of Eagle Road. located approximately 1113 mile• north of Fairview Avenue. The applicant has proposed'1~. driveways an boththi3 east.ard west.sides of Eagle Road located approximately 1/4 mile north of t=aimew Avenue, The apphcan't rs proposing'right-in/right-out drveways on loth the east and the west side of Eagle Road 118 mile south of the proposed % .mile signal at River Valley. The Exhibit B applicant is pfoposang- a signalized' infersectlon with'Eagle Road at the: Y mile .location (Riser Vailey~ Street).. Staff CocnmeM: District staff is not supportive of array ofafie proposed.l~%8 mile. right-iNright-out driveways . The Distfiet .re~gniies that uifimatery-~the ~decis~on for the axes .points on Eagle Road will ~be .made by theCity of Nie~idian and iTD. However; the District pursued the.designation :and the :requirement forthe-'i~ mile collector streets ~(ttlver Valley and Allyn Way/Records. Avenues in ~ocder:to provide alternatives for access, rather ~thah~ granting additional access points to the State :Highway, system. ~ - These cornmerits.nre-;preliminary in nature, :and the District anticipates submitting a more complete analysis :after the applicant has provided the- necessary Traffic irnpad study. H''you have any questions, pleasefee) free to contact me at 206-387-6171. S'incerety, Loris-l~n tfattog~ Planning Review Supervisor Right=of-Way: B Qevelopment Services CG: Paoject fife Exhibit B 5. IDAHO TRANSPORTATION DEPARTMENT ~~ ~ n ~. .Tq~ON '0~~. . .. \t1AHp ~~ ~.~: December tS, 2007 City of Ivleridiar. :P.lannin.g:Department 660 E. V1/atcrtower• .Lane Suite 202 ivcridian; Idaho 83642 :FAX 8R8-6854 (. L~1 ,~ C~ ~-~ C~ 1~tiO ti~ . Rc Locatit7n; NWC & i~I~EC of N: )ragle•.ltoad end E. Fairview Ave.. M~;i; A~dn 'Taurr Cromer Router SH•S3 iV1T `I 3:095 ti'atine:.Centcrcal. Propertied, :i~LG Case r!o:. VAR 07-017 Heating p.ate~ 7anuary.8, 2:OUg Dear Zoni•rtgAdniinislrator.; Thank you. for the opportunity•to comdeit on this application. V1We a;e requesting•tlist this variance ,application be•denied:. Access: To :Eagle Road should be At locatYOns. lhat rainply avitfi the I'TD access policy and the.>~:a~le Itoad Tnlrastrnctut~e Klan otily..Any and all access pui.nts, and any other amenities such as landscaping w~itltin. the right. of.•way; wilt ~egwTe ~a permit from ITD:..Access issues. shquld~be resglved as ~~on. as :possible ,Any~woi-k done on the _St'ete •aigit ~.f Way~will egturc: a•perm.it Fem»t. ~gpiications are available from this. Gt~•ice. Please have •the• applicant eoptact lutatt Ward ai 8a SQ Chind'en Biwd: 83714 in. Boise or. call '(208') 334 :8341 ~to obtain a peimit:application. lfyouliave any questions°please call mo at 33~89:O1-: Sincerely, ~'Ptri~l. Cho~afe • Senior Ptauner IOAHO . RANSPORYATION OePARTMENT Po. eox:8oze •Boise, ID' 83207-2028 (208) 33M8300 Exhibit B C. Legal Description & Exhibit Map ~I~~ ®® O.''E..~S.~l~ 6 ~. 1'n C. -~--.--..---'-'J- 3 • ' Boundary Aescrlption lVlerldtaa Town• Center Rczonc Job 1\0: 6077070:00 A parcel of land situaie n•ilie east half of the southeast.quarter• of Section 5, Township 3 1!lorili, Range'.l. East, the southwest quarter and the we.9t half of thea4uW~>est• quarter.. of the southeast guarteF of Section 4;1'ow,nship 3 ~lorth, Range 1 East, Boise Meridian, Ada Countj!, ldahQ, and bei'ng'tnoce partrcularly described as fellows: ~T .....,f ~ Cotrimeincing ac.a brass; cep mating the• southeast come!' of Section 5, Tovimship 3 NQith, .N~ .PI~NNI V6 t Stange 1 E8S1~ Eoise~M~eridian, the PO.1N'P OF HEG1IVi`f:W O: ' Thehce.S89°4ti'.Sd"VI{, 13.22.:1:1 feet:al6n~,the;south libe of the. east half of the t'~~~ . . •southeast quarter of Section 5: to the southwest corner of tli:e•east half of the souclieast' `, ~ ~; uartcr of Section .5; 9:..:. ~,.,. 6;:°~wn~eo,Na ' Thence ~t~ltlo°06:'S6"E; 4.5.:28: feet along the west lizie: of the oast half of the southeast yuarte o2%Seetion S: t~o:.a Sl$ inch rebar on i}iengrth right-ofwsy lino~of Fast { t~~ Fairview.Ayenue; ~~ ~;„_,;~~,~~ .ThencelVUU°06'SG"E, 1265.40feet.alongthewestliueoftlie•east•hafifofthe 'AYCNH'[trt.Y NG southeast quarter of Secti:un.5 to a •5/8 pinch rebar marking tlic southeast COrtter~of • •Paekard Sub vision N4,. 4, .$.ook 82 of: Plats ~et $agt3 9069. reooids of.Ada. County; ~~ .. , ~' ~ ~ '~ltence IVOU°.0T 13"E, 711..ti9 feet along the east. line of Packard. Subdivision No. 4, ~ ``~ to a 5/8 :inch rebar marking the soittheasi earner of Packard Subdivision N'o: 3., Book LlNn , btigvcv :80 ~of Plais~•ac Page 8687; ~iecgrds~ of Ada:Courtty; - ~ Thence N0~°07'13" E~, 239,31 feet along the east line gfPackard Su&d~iision.No. 3; u ~ ~ '"a~-` to •the. so thright-of--way line of East C.fiatest Drive; 11.73 QdstW,410itg.G.eek Qihro Eagto.lp •63fi16 FHZ08J24&8300; 'F7E 3001~4b:8320- pi,ewiQSeslpn.tom Exhibit C Tbenee N89°5'1'06"~; 91,55 feet alongahe south rigfit of.=way line.of:East'Chateau Drive; Thenco :109.,96 feet• on a curse to the left having a iadus 7q.t)tj~ feet, a central an&le of• 9t?400'Ot)", a. chord bearing ofN44°$1:'06"E.; and a. chord length of 98:99 feet,. along said.right~f~~vay7ine Thence N00°08'34"W, 289.87 fact along •the said. east ri~C,of::way line to the.north line of.'the east: Half of.the southeast guaiEer of Section 5:; _ Thence:N89°55'28"E, 721.26 feet.along the'norfli Iine of the •east half of the southeast quarter of Section S; Thence SZ0°3'A:''lA'~ 48:04 feet; PaBc 1. of.2 iVleidianTown. Centc+i Iteioric continued,.: RE:~ . , - ppR !-AL LiY _ pad; '~ 3 -rnT :rii:lAN p~DL~% .+:r ys 9ra'r 'Thence 1189°5'S'ti8"~, 356:73 feet pars Iel: with the north l'in'e of tfie east halfof the southeast quarter of Section 5 to the vtest rigtit~f-wa.y -line of North:.Eagle'Roatl Thence.iV89°55'28"E; 70.00 feel parallel with the north litre of~th.e east half of the soutreasl quarter of Seetiirn 5 to the west. line of.tlre southwest quarter of•Sectldn: 4'; Thence N00° 10'43"E; 45:Q0. ,feet along: the west line of°t}ie ,southwest quaitec df Section 4 to a brass cap.niarl:ing the west quarter-sectton. con~ec of Section:4, 'Thenre-N89°51~'Oi"E, 70:00 feet al:ong.rhe north line of the southwest quarter of Section 4• to a brass cap right=of way mdnument, ~$tation 7.42-~263,~on Hre east right- of.-wrty Iii7e ofhorth Eagle Road; T7rence :189°S l''O i "F~, .7258.28 Beet along the :north ]ine of. the southwest quarter of Scttign.4 to a 5/8 inch rebar marking. the-.cepter,>west sixteenth-section comer; Thence N89°50'47"E, 133.0.68 feet along the ndrfh line of the southwest quarter of Section 4. to 3 5~8 inch rebar marking -the northeast co><•rier of :rite southwest quartet of S:ection•4; Thence $00°.LO'49"W, 131;4.73 ~eet~ along the east tine of the southwest quarter of Sectioir 4•to,a 1/2 uicb:rebai masking the southwest comer of:Clover Meadovr9 Subdivision.lVo. 3, Book 24 of Plots at Page 1524; ~t±ecords of'Ada County, Thhence N89°5$'3,4"E--, ¢62.97, .feet along the south line: of:Clover Ivfendows. Subdivision Iqo:. 3, .to :a 1•/2: inch reb.ar marking the ngrthwest corner of Venture Subdivisiory B.ook27 of.Paats at:Page• 170,4, records ofAda~County; 'Thence St)OA04'25"OV; I266.52 .feet along ttie west li_rte.of Veriturz Subdivision t9'the north. right-of-wey tine of East f~sirview Avenge; Thence cpntinuing. S.bO°04'25'°W, 3.7.74 feet to the south line df $eciiun 4,; T'hent:e.N89°46'39"W; C64.7t faetalQngthe soutli:lineofthe west half of the southwest quarter of the sogtteast.querter of'Seeiien 4 to a S%8 ;inch rebar maridug the soutfi~..quarter-section cornea of--Section.4;. 'Tlhence'N89°4G' ]-y"Vi;.2659:5.1 feel, along the south line_of the southwest giracter Section 4 to the POINT •tJl+ :AEG.1N?~TL~1G. The above-described.par•ct=1 contains 25$.39.acres; more or:tess: :Subject to any.exiating easements orights=of-`wey=of record bt apparent. r®_ ~~ Exhibit C RE'Vl_. P OvA~ aY AUK ~ ~ ~ _ _ _ _ _ _. .. .. kiERil~t_AN•RlJOLIG 44(1t5,KS DEPT SGALE .1 a5At7' ~. .L2 e ` Ca 600• 0 600 ..1,9. ." _ .. _ .... ... .... r .'y ~,~ ~ "Ui 16 - Z" s.! ppU ..CuaResSection.Ccmw ' a3 ~~' -8mdulcyUne ~~. t. i ;;d, CIOvEt Ma70ow8.Su6dlai0o oi. ~. ;:..~. 1 ~ ~~ ~ ~6 J a 3 + . 1~ ..~ ~. , `a ~ ~,. dir. ~e ~v: ~ t9 _ " a' _ 8o4b O ~oiing E `atrview .Aye '9 _ .. _ - PROJECT N0.6077070.UU , ~~0.~ .ANNEXATION EXHIBIT SATE: oetis~oi .,,.0='_;R.,. O _J _ O(- ~NI :. 'i~_ N. C • ,AiIERIDIAN~ TOWNCENTER WS 7ps E Nn ~ crew a;, .Fawn, ~ assts - -... , _ .:.. ~~ D rot maz4ee;-ro Fas ~ase~5aro CEN1'f3CAL •LLC. SCALD 1 ~ - 60q' , SHEET NO. 1• aiwgw•o,rwti,o:warowa.~q~o-oocom'. d~11D1AN'OAFiO _ Exhibit C 'Cl1fiVE TABLE. ~ ~ _ 'CUR .:LENGJH' RADIt35 `0£L.tA.. BLASt)nC : CHaRO 1 ~ ~t09;9a' : ~ 70:Q0 ~. - ~Otl' ~NN~ 1' 98.89' - . ~UNE.TAf3l£ '. WNE- AH81C' N6SH Sb9vFi a0 t:. 1 . ' '01~9tIB38'P' ~coorrr-: ' SB9 ~I.CA'dW.~. _ S.•E% - - 37D70 N - ' !S9'S5.70'E 7 ~ 1 '.. a691S'7 7 ~~' x t • a t ao .. asB'S8'~M 79 s '.t .z, . . y" - sOCUa+7aYr a v6~ -' aEl7aq~,Y.M~, rr. ~ 664 ~ _ t CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINGI, DATE OF FEBRUARY 2, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to GG. The City Council finds that tike proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlinedffor the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The City Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning district of C-G. If the applicant complies with the conditions outlined in the development agreement, the City Council finds that the proposed commercial district will be in compliance with the specific district regulations. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; If the applicant enters into a Development Agreement and complies with the provisions, the City Council finds that the. proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact uppon the delivery of services by any political subdivision providing public services within :the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (iJDC 11-5B-3:E). The C-G zoning amendment will provide commercial area that is similar in nature to existing and proposed commercial development in the vicinity. The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public furtds. In accordance with the findings listed above, the City Council finds that Annexation'and Zoning of this property to C-G would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 E. Table of Proposed Uses Code Type Use P Animal care facility) P Artist 5tudiol Arts, entertainment or recreation P facility, indoors) Building material, garden P equipment and supplied Church or place of religious P worship) Civic, social or fraternal C organizations) Retail Office Residential Other Comments X X X X X X A/C Daycare center) X X A/C Drive-through establishmenti X P Education institution, private) X P Education institution, public) X Equipment rental, sales, and C servicei X P Financial institution) X X P Flex spacei X P Fuel sales facility) X P Healthcare or social services X C Hospitals X P/C Hotel and motels X P Industry, information) X P Laundromats X P Laundry and dry cleaning X C Multi-family development X P Nursery or urban farrnl X P Parking facility X P Parks, public and private X P .Personal or professional service X P Public or quasi-public use) X X P Restaurant X P Retail store X Vertical integrated residential P project) X LEGEND permitted (P), accessory (A), and conditional (C) 1 at end of use title implies specific standards for the use exist in UDC chapter 4 home daycare is residential; otherwise daycare is office. Home daycare is actually daycare, family or daycare, group. includes home/household, personal use, and office equipment businesses; excludes farm, industrial, and heavy equipment or machinery businesses a bank is retail; a mortgage or security broker or other financial institution is office We generally consider this accessory to the use. classification depends on general nature of use housing portion. Integrated non-residential uses count as retail or office as appropriate. Exhibit E CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 3, 2006 ADDITIONAL Accessory uses allowed in C-G zone but not shown above are permitted if the primary use is allowed. Uses not listed above but otherwise allowed in C-G zone may be considered by modification of DA. Uses classified as "Retail" or "Office" above count against total allowed retail or office square footages; "Residential" and "Other" uses shown above do not. Exhibit E CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 F. Residential Properties at Time of Annexation (DA #2) Exhibit F