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David Kleiner Property of Meridian Town Center AZ 07-012ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 90 BOISE IDAHO 01/29/09 10:48 AM RECORDED C REQUEST OF II I I I II II I II I II I II I II I II ~ II I ~~ III I III Meridian City 1E19~~96~~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian Z. David E. Kleiner, as Trustee of The 2008 Kleiner Family Trust U/T/D March 4, 2008, and as Trustee of The 2008 Kleiner Family Trust II U/T/D July 29, 2008 THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this '~ ~"4 day of January, 2009, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and David E. Kleiner, as Trustee of The 2008 Kleiner Family Trust U/T/D March 4, 2008, and as Trustee of The 2008 Kleiner Family Trust II U/T/D July 29, 2008, hereinafter jointly called OWNERS/DEVELOPERS or OWNER. 1. RECITALS: 1.1 WHEREAS, Owners/Developers are the sole owners, in law and/or equity, of certain tracts of land in the County of Ada, State of Idaho, described in Exhibit A which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subj ect Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Owners/Developers have submitted an application for annexation and zoning of the Property described in Exhibit A, and has requested a designation of C- G, General Retail and Service Commercial District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owners/Developers made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, included responses of government Seatt1e~3486407.2 004083400006 °~ ~~ subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 22nd day of January, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owners/Developers to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERS/DEVELOPERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owners/Developers to enter into a development agreement for the purpose of ensuring that if the Property is developed the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals aze contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERS/DEVELOPERS: means and refers to David E. Kleiner, as Trustee of The 2008 Kleiner Family Trust U/T/D March 4, 2008, and as Trustee of The 2008 Seattle-3486407.2 004083400006 `.l ~ ~-_ 2 Kleiner Family Trust II U/T/D July 29, 2008, the parties that own and have the right to develop the Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-G, General Retail and Service Commercial District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are further specified in Section 5.1.4 hereof. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. If and when Owners/Developers develop the Property they shall do so in accordance with the following special conditions: 1. Urban Farm. Agricultural use, including production of crops, shall continue to be allowed after annexation as an urban farm use, which is a principal permitted use under UDC 11-4-3-28 and 11-2B-2. 2. ACHD approval. The applicant is required to comply with ACRD and ITD conditions prior to receiving approval for any building permit on the site. Further, the City will not sign off on any occupancy cards without first receiving ACHD's signature and sign-off. All applications on this site 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 site are approved with the subject AZ application. The proposed access locations on the major arterials should be approved by ACHD and ITD and cannot be evaluated until a traffic impact study has been completed. 3. Records Road and River Valley Road (east of Ea leg 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 ACHD public street. Owner shall make such dedication within the time required for CenterCal to construct the roadway and related improvements. Ifright-of--way is not Seatt1~3486407.2 004083400006 3 ~ ~~- dedicated directly adj acent to the northern property boundary of the site, cross-access shall be provided to the property to the north so that a spite strip is not created. Construction of River Valley Street and Records Road shall take place with the initial phase of the project. 4. Zoning district and use limitations. The North Parcel, East Parcel, and West Parcel shall be zoned C-G, general retail and service commercial. A. 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. B. Total retail gross floor area, shall be limited to 1,293,700 gross square feet. The uses noted in Exhibit C 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. C. Total office gross floor area, shall be limited to 700,000 gross square feet. The uses noted in Exhibit C are allowed as office uses as provided in UDC 11-2B-2, as defined in 11-1 A-1, and subject to any conditions or requirements provided by the special use standards in 11-4-3-1 through 11-4- 3-43. D. Uses otherwise allowed in the C-G zone but prohibited by the agreement may be allowed subject to Council review, approval and modification of agreement. E. 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. F. 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. 5. 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 Seattle-3486407.2 0040834-00006 D ~c--- 4 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. 6. Division of west parcel. The subject property shall be eligible for the short plat process. 7. Certificate of zoning 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 office 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 landscaping 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 UDC 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. 9. Allocation of retail and office square footage. Concurrently with the DA approval, Owner shall provide the Director an initial allocation plan showing Owner's allocation of any allowed retail and office square footage of the improvements Owner then intends to make 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. Seattle-3486407.2 0040834-00006 8~~ 5 A. If a revised allocation plan reduces the retail or office square footage allocated to Owner's submitted plans for a parcel or lot for which a CZC had already been approved, then the Owner or transferee shall be required to apply for and obtain approval of a new CZC prior to proceeding with development of such parcel or lot. 10. Allowed building size increases. 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. The Director shall not allow an increase in square footage under this sub-paragraph to a transferee of a parcel or lot if such increase to the transferee would require a reduced allocation of square footage to the transferor's other parcels without the transferor's prior written consent. 11. Buffers to residential use. In applying these buffer rules, the residential lot lines shall be those designated on Exhibit D. A. Owner shall provide a 25' wide landscape buffer, as required by UDC 11-3B- 9 and 11-2B-3, along the contiguous lot line j oining the west boundary of the West Parcel and the residential lot line of the Packard Estates Subdivision. B. 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 additiona110' buffer width, with fencing on the west edge of such buffer, and a sidewalk or pathway allowing access to the Kleiner Memorial Park. C. Development within 100 feet of the Packard Estates Subdivision residential lot line shall be subject to the 25' landscape buffer and shall 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 allowed, provided that residential development shall be subj ect 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 Seattle-3486407.2 0040834-00006 ! / ~~__ 6 residential lot line of such subdivision, unless Owner obtains conditional use approval. D. No building over 26 feet in height shall be placed within 100 feet of the Packazd Estates Subdivision residential lot line contiguous with the West Parcel. 12. Off-street pazking. Owner shall provide a minimum of one (1) parking space for every five hundred (500) square feet of gross floor area of nonresidential uses, as provided by 11-3C-6.B. Required minimum residential parking ratios shall also be determined as provided by UDC 11-3 C-6. A. Upon review of the detailed site plan submitted with application for certificate of zoning compliance, Director may request additional evidence from applicant regazding parking coverage and may, 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 parking 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 squaze feet office gross floor area,. Owner shall prepare the revised site plan, as provided above, which shall comply with the increased pazking ratios as determined herein. B. The minimum parking stall width and depth and drive aisle width, and other pazking lot 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 UDC 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 similaz development feature. 13. Parkins; lot landscaping_Owner shall provide minimum parking lot perimeter landscaping and internal landscaping as required by UDC 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. 14. 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. 15. Building heis;ht 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 to the extent allowed under the new UDC Code in the event the UDC is amended to allow a greater building height in the C-G zone. Seattle-3486407.2 0040834-00006 ,~ ~~! 7 16. Eagle Road improvements. 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 parcel; 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 specifications detailed below. 17. 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. 18. Onen 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. 19. Pathways and walkways. Bike paths shall be provided if required by the terms of UDC 11-3A-4 and/or if mandated by the applicable city code (LJDC) and/or road agency, either ITD or ACHD, 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 ACHD, along public or private roads. 20. Second ap thwaX. Owner shall provide a second pathway running generally north- south from Fairview Avenue to River Valley Road in addition to the 10' multi-use pathway along Eagle Road on the west parcel. Owner shall not be required to construct a third north-south pathway for the West Parcel. This second pathway shall serve as the multi-use pathway required by the Pathways Plan and shall be generally situated in the western one half of the West Parcel, from the general vicinity of the 1/8 mile line west of Eagle Road, with allowance made for the final location of the 1/8 mile access on Fairview Avenue, to the west boundary at roughly '/4 mile from Eagle Road. The pathway may run separate from or in connection with a drive aisle or road; and will satisfy both the Pathways Plan requirement and the road sidewalk/pathway requirement if it is run in connection with the road. The pathway may be constructed as a detached 5' sidewalk with a 5' landscape strip or as a 10' multi-use pathway Seattle-3486407.2 004083400006 ~~~ 8 21. Site internal drive aisles. A. North Parcel: T'he extension of Records Road shall 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 road or drive aisles in a generally northerly and southerly direction 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 B. East Parcel: Owner shall provide a minimum of one private or public road or drive aisle connecting Venture Street with Records Road. C. West Parcel: River Valley Road (on the west side of Eagle Road), currently enters the properly 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 , ACHD 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 of 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 UDC 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 given, subject to any ACHD 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.B.3 in this area. 22. Additional site and building design standards. Additional site and building design standards may be formulated and agreed to by the parties. Owner, a transferee, or subsequent transferee, of any portion of Owner's property, may elect to the follow Code site design review standards of UDC 11-3A-19 or successor provisions in effect Seattle-3486407.2 004083400006 9 ~ ~~- when a certificate of zoning compliance is applied for in lieu of the additional design standards agreed to herein. 23. 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. 6. NO OBLIGATION TO DEVELOP. While this Agreement governs any development of the Property, it does not require development of the Property. None of the provisions of this Agreement shall be construed as requiring Owners/Developers to develop or improve the Property or any parts thereof at any time or in any particular order. Owners/Developers shall not be responsible for any off-site improvements beyond those required by this Agreement. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: For any improvements for which a building permit has not been issued, this Agreement and the commitments contained herein maybe terminated by the City, and the zoning designation reversed, upon a default of the Owners/Developers or Owners'/Developers' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this Agreement and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof, and after the expiration of the cure period provided for in Section 8 hereof without a cure being effected. 8. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 8.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 8.2 Notice and Cure Period. In the event of Owner/Developer'sdefault ofthis 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 Seattle-3486407.2 0040834-00006 Q `~~ f_ 10 ,l~J C such one hundred eighty (180) day period, then the time allowed to cure such failure shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 8.3 Remedies. In the event of default by Owner/Developerthat isnot cured after notice as described in Section 8.2, Owner/Developershall bedeemed 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. 8.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 8.5 Waiver. A waiver by City of any default by Owner/Developer ofany 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. 9. INSPECTION: Owners/Developers shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 10. DEFAULT: 10.1 In the event Owners/Developers, or Owners'/Developers' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, and following the expiration of the cure Seattle-3486407.2 004083400006 ~ °~~ 11 period herein provided for, and except for any improvements for which a building permit has been issued, this Agreement may be modified or terminated by the City. 10.2 A waiver by City of any default by OwnerslDevelopers of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10.3 A default by a transferee of a parcel or lot shall not allow the City to terminate this Agreement, reverse the zoning designation, or otherwise affect any of the rights or remedies granted hereunder as to parcels retained by the Owners/Developers; and a default by the Owners/Developers shall not allow the City to terminate this Agreement, reverse the zoning designation, or otherwise affect any of the rights or remedies granted hereunder as to any land owned by a transferee of a parcel or lot. 11. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners'/Developers' cost, and submit proof of such recording to Owners/Developers, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owners/Developers, 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. 13.1 Subject to the provisions of Section 8 hereof, in the event of a material breach of this Agreement, the parties agree that City and Owners/Developers shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breachingparty's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either Owners/Developers or City is delayed for causes which are beyond the reasonable Seattle-3486407.2 004083400006 12 ~`-"- control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 15. CERTIFICATE OF OCCUPANCY: The Owners/Developers agrees that no Certificates of Occupancy will be issued until the improvements for which they are subject are completed in accordance with the applicable specifications set forth in this Agreement, unless the City and Owners/Developers have entered into an addendum agreement stating how such improvements may vary from such requirements. 16. ABIDE BY ALL CITY ORDINANCES: Owners/Developers shall abide by all ordinances of the City of Meridian that are consistent with the terms of this Agreement and the Property shall be subj ect to de-annexation if the Owner or its assigns, heirs, or successors shall not meet the conditions contained in this Development Agreement and the Ordinances of the City of Meridian that are consistent with the terms of this Agreement, and such failure continues beyond the expiration of the applicable cure period. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer David E. Kleiner, Trustee City of Meridian c/o Michael Ballantyne 33 E. Broadway Ave. Thornton Oliver Keller Commercial Real Estate Meridian, ID 83642 250 S. Fifth Street, 2nd Floor Boise, ID 83702 with copy to: with a copy to: City Clerk Stoel Rives LLP City of Meridian 600 University Street, Suite 3600 33 E. Broadway Avenue Seattle, WA 98101 Meridian, ID 83642 Attn: David H. Rockwell 17.1 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. Seattle-3486407.2 004083400006 13 ~~- 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement or any appeals are taken therefrom, 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. 19. 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. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 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. 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. No condition governing the uses andJor conditions governing re- zoning ofthe subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. PERSONAL LIABILITY: David E. Kleiner executes this Agreement solely as the Trustee of the trusts herein identified and any liability of the Owners/Developers hereunder may be asserted Seattle-3486407.2 004083400006 ~ ` ~- 14 solely against such trusts and not David E. Kleiner personally. No person shall be liable under this Agreement for the acts or omissions of its successors in interest to the Property. 24. 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. IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPERS ~~~ ~ DAVID E. KLEINER, AS TRUSTEE OF THE 2008 KLEINER FAMILY TRUST U/T/D MARCH 4, 2008, AND AS TRUSTEE OF THE 2008 KLEINER FAMILY TRUST II U/T/D JULY 29, 2008 CITY OF MERIDIAN . By: ~~~ MAYOR T de WEERD ATTEST: ~ ~ o L - JAYCE L. HOLMAN, CITY fiLE ~ ~'~' ,9O (~T 9S„~ ' 1 Q~0~~\\\ '''~~~~~ rri iO~ o~~ `"~~~\e\~ Seattle-3486407.2 0040834-00006 15 ACKNOWLEDGMENTS ~(~ _SK,1h~~''~rv STATE OF ~~, ) G ss County of A,~N _( ) On this day of January, 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared DAVID E. KLEINER, known or identified to me to be the Trustee of The 2008 Kleiner Family Trust U/T/D March 4, 2008, and The 2008 Kleiner Family Trust II U/T/D July 29, 2008, who signed the above and acknowledged to me that he executed the same on behalf of said trust. ~~~T~1,~IrT,I~SS WHEREOF, I reunt et my hand and affixed my official seal the da~.e~~~tii~•~ertificate fir ~bove ,...,,,, `TT ~~~ Q .``~~ oa ~.''•• '~t: NOTARy = r" - lic fo ~nlNf~~~ y low N :PUBLIC; ~' -' Residing at: ® My Commission Expires: ~ ~ '• -10- •' ~~~tllll~~~, STATE OF IDAHO ) ss County of Ada Onthis ~.~ day of ~Ja.~'1~~~ 2009, before me, aNotary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument 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) ~•~4 %• OT'~~ "~•: • ; '~ ~~~• ~ ~ `~ • ~ ' e ~ ~ ~ , • ~- ^ ~ _ ` i i ~ ~~~ ~ • • .•q~ OF I9~:• • ~ •.... Seattle-3486407.2 0040834-00006 Notary Public for Idaho Residing at: C~~-~.~. 1~ Commission expires: _] (~ -~ ~-) ) 16 LAND PLANNING lt~. CIVIL ENGINEERING ~I LANDSCAPE ARCHITECTURE LAND SURVEY ~.._ . ~_ WATER ;~_ : ~ ~,~, 6I•~® ~9r~ of ~~~ 1173 East Winding Creek Orive EagIe,ID 83616 PH 208/246.8300 FX 208/246.8320 Exhibit A D E S I G N I N C. Annexation Boundary Description Kleiner Family 2008 Trust East Side Job No. 6098752.00 A parcel of land situated in the southeast quarter of the southwest quarter and the west half of the southwest quarter of the southeast quarter of Section 4, Township 3 North, Range l East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap marking the southwest corner of Section 4, Township 3 North, Range I East, Boise Meridian; Thence S89°46' 17"E, 2659.51 feet along the south line of the southwest quarter to a 5/8 inch rebar marking the south quarter-section corner of Section 4, the POINT OF BEGINNING: Thence N89°46' 17"W, 636.07 feet along the south line of the southeast quarter of the southwest quarter of Section 4; , Thence N00°00'37"E, 52.81 feet the north right-of--way line of East Fairview Avenue; Thence N00°00'37"E, 475.04 feet; Thence 281.58 feet on a curve to the left having a radius 500.00 feet, a central angle of 32°15'58", a chord bearing of N16°07'22"W, and a chord length of 277.87 feet; Thence 889°59'29"E, 1378.91 feet to the west line of Venture Subdivision, Book•27 of Plats at Pages 1704 & 1705, records of Ada County; Thence 800°04'25"W, 741.97 feet along the west line of Venture Subdivision to a 5/8 inch rebar marking the southwest corner of Venture Subdivision on the north right-of--way line of East Fairview Avenue; Thence 800°04'25"W, 57.74 feet to the south line of the west half of the southwest quarter of the southeast quarter of Section 4; Thence N89°46'39"W, 664.76 feet along the south line of the west half of the southwest quarter of the southeast quarter of Section 4 to the POINT OF BEGINNING. The above-described parcel contains 23.97 acr8s, more or less. www.wrgdesign.com www.wrgdesign.com Legend - Boundary une - - - - - - Secton Line - - - Right-af-way Llne ------ -ParcelLlne -Section Comer ~ - Cuarter.Sectfon Comer • -Set 112"x24' Rebar O -Set 518"x30° Rebar SCSI@,• 1"=3Q0' 300 150 0 300 Curve Table Curve Delta Radius Length Chord Bearing Chord Length C1 32°15'58" 500.00' 281.58' N18°OT22°W 277.ST S89°59'29"E i 1378.91' Kleiner Family 2008 Trust -East Slde A Portion of the Southeaet Quarter of the Southwest Quarter and the West Half of the Southwest Quarter of the Southeast Quarter of Secton 4, T.3N.,R.1 E.,B.M. 23.97 Acres ~ Parcel 3a i Parcel 3b N W 08 ~ O Z - ---- ~--------------L.--------- 5 4 ,N N89°46'17"W 838.07' POB q N88°48'39°W fi 8 9 - - _ S89°48'17°E 2659.51' g Bass of Bearing East Fairview Avenue ~ ~ I~I >~ zl i m 3 ~_ ~~ ~ ^~ > ~I NI pQO~ 6I N I l -----n;• ----- 76' h _--4Q3 N89°46'39"W 2658.62' 9 10 ©® Annexation Exhibit PROJECT N0.6098752.00 o~ a~ o N N=. DATE: 01/06/09 „~ E, ~ ,p ~e~ Kleiner -East Side gY: msb ret zoez4sasaa Fe». soaxas$3xo Kleiner Family 2008 Trust SCALE: 1°=300' "'°~"' ' °"~"° ' `"'~`"°'""°°""° ' °'~°"° Meridian, Idaho SHEET NO. 1 of 1 D E S I G N I N C. ®.. ~~~~ 1173 East~~ `~~ EagIe,ID 63616 PH 208/246.8300 FX 208/246.8320 www.wrgdesign.com www.wrgdesign.com Closure Worksheet Bearin Distance ~ Latitude De arture 0.000 0.000 N89°46'17"W 636.07 2.538 -636.065 N00°00'37"E 52.81 55.348 -636.055 N00°00'37"E 475.04 530.388 -635.970 N16°07'22"W 277.87 797.329 -713.134 S89°59'29"E 1378.91 797.122 665.776 S00°04'25"W 741.97 55.152 664.823 S00°04'25"VI/ 57.74 -2.588 664.749 N89°46'39"W 664.76 -0.006 -0.006 Closure Error 1: 490,349 -0.006 -0.006 ® '~~ Y:® D E S I G N I N C. Annexation Boundary Description Kleiner Family 2008 Trust West Side Job No. 6098752.00 A parcel of land situated in the east half of the southeast quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly ~~ described as follows: Commencing at a brass cap marking the southeast corner of Section 5, Township 3 North, PLnwN°NO ~ Range 1 East, Boise Meridian, the POINT OF BEGINNING: Thence S89°46'56"W, 1322.11 feet along the south line of the east half of the southeast quarter of Section 5 to the southwest corner of the east half of the southeast -~ quarter of Section 5; . CIVIL ENti1NEERINO Thence N00°06'56"E, 45.28 feet along the.weSt line of the east half of the southeast• quarter of Section 5 to a 5/8 inch rebar on the north right-of--way line of East Fairview Avenue; - - ° » Thence NOO 06 56 E, 1265.40 feet along the west line of the east half of the LAND$GAPE ARCHITECTURE southeast quarter of Section 5 to a 5/8 inch rebar marking the southeast corner of Packard Subdivision No. 4, Book 82 of Plats at Page 9064, records of Ada,County; Thence N00°07' 13"E, 976.00 feet along the east line of Packard Subdivision No. 4 and Packard Subdivision No. 3, Book 80 of Plats at Pa a 8687 records of Ada g LAND County, to the centerline of East Chateau Drive; SURVEY Thence N89°51'06"E, 91.43 feet along the centerline of East Chateau Drive; Thence 70.69 feet on a curve to the left having a radius 45.00 feet, a central an le of g WATER 90°00'00", a chord bearing of N44°51'06"E, and a chord length of 63.64 feet, along „ F2E9 _ ~• the centerline of East Chateau Drive; ~/~ °° Thence N00°08'54"W, 289.90 feet along the centerline of East Chateau Drive to the (~ ~®~ north line of the east half of the southeast quarter of Section 5; ~. ~ ~, / ~ ~!~ ® Thence N89°55'28"E, 746.26 feet along the north line of the east half of the ~ec~ ~ ~F `®~~~ ~ southeast quarter of Section 5; 1173 East ~~~ °~ rive Thence S20°34' 14"E, 48.04 feet; . Eagle, ID a3sis Thence N89°55'28"E, 35b.73 feet parallel with the north line of the east half of the PH 208/246.8300 southeast quarter of Section 5 to the west right-of--way line of North Eagle Road; FX 208/246.8320 ' www.wrgdesign.com www.wrgdesign.com Page 1 of 2 Kleiner Family 2008 Trust -West Side continued.. . ~• Thence N89°55'28"E, 70.00 feet parallel with the north line of the east half of the• southeast quarter of Section 5 to the east line of the east half of the southeast quarter of Section 5; Thence S00° 10'43"W, 2573.49 feet along the east line of the east half of the southeast quarter to the POINT OF BEGINNING. The above-described parcel contains 78.13 acres, more or less. ~;,.~ , ~ ~~ %~~~~ `o~ C:~;< 55 1 G. ~~~ Page 2 of 2 ~~ s m ~~ . D E S I G N I N C. i - N89°55'28°E 746.26' N89°55'28"E 426.73' ~ ~ S20°34'14"E 356.73' a 70' ~ N 48.04' o~ cn i - ~ d ~ m~ z ~ ' y v U A a ti W a 0 Z ~, y ~ a o Q a H t0 N 0 °z Kleiner Family 2008 Trust -West Side A Portion of the Eest Half of the Southeast quarter of Section 5, T.3N.,R.1E.,B.M. 78.13 Acres Parcel 4a Curve Table Curve Delta Radius Length Chord Bearing Chord Len th C1 90°00'00" 45.00' 70.69' N44°51'06"E 63.64' i w Parcel 4b i 1 N00°O6'S6"E 45.28' -----_-- Scale.• 1=300' 300 150 0 300 Legend - Boundary Line - - - -Section Line - - - - - - - -Right-of-way Line ----- - -Parcel Line -Section Corner -quarter-Section Comer O -Found 5/8° Reber O -Set 5/8°x30" Reber c m m N W LC i i B ~~ w o, Z, ~~~ ., -------------r~ _ _ 1" - _ - _ S89°46'S8'W 1322.11' POB 8 8 - - - . East Fairview Avenue ©®® Annexation Exhibit PROJECT NO. 6098752.00 O E a e o n , N ~ DATE: 01/06/09 ,rrsewm~Gee~cor. ro X6,8 Kleiner -West Side By; msb T~ zoazaass~ Fax zoa2aesszo Kleiner Family 2008 Trust SCALE: 1"=300' . ~,~n . , Meridian, Idaho SHEET NO. 1 of 1 ® ° D E S I G N I N C. __ i. s LAND PLANNING t~ CIVIL HNGIN EE RING LANDSCAPE ARCHITECTURE i LAND SURVEY WATER /I ~~ ~.`~~~ ol: of 1113 East bYindll seki Eagle, ID 83616 PH 208/246.8300 FX 208/246.8320 www.wrgdesign.com www.wrgdesign.com Closure Worksheet Bearing Distance Latitude Departure 0.000 0.000 S89°46'56"VI/ 1322.11 -5.025 -1322.100 N00°06'56"E 45.28 40.255 • -1322.009 N00°06'56"E 1265.40 __ 1305.652 -1319.457 N00°07'13"E 976.00 2281.650 -1317.408 N89°51'06"E 91.43 _ 2281.887 -1225.978 N44°51'06"E 63.64 V2327.003 -1181.095 _ N00°08'54"VI/ 289.90 2616.902 -1181.845 N89°55'2'8"E 746.26 2617.886 -435.586 S20°34'14"E '48.04 2572.909 -418.707 _ N89°55'28"E 356.73 2573.380 -61.977 N89°55'28"E 70.00 2573.472 8.023 S00°10'43"W 2573.49 -0.005 0.000 Closure Error 1: 1,455,746 -0.005 0.000 Exhibit B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E IDIAN~-- l.oaHo 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-O1Z Far the City Council Hearing Date of: January 8, 2008 (Findings on the January 2Z, 2008 City Council agenda) A. Findings of Fact 1. 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, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 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 by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, ldaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 1 I Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Arnendecl 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 to Meridian City Code § I 1-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-OI2 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. 'That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Conceptual Site Plan, and the Conditions of Approval all 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 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: 1. The applicant's Annexation and Zoning request as evidenced by having submitted the legal description and exhibit map, prepared by Michael Byrns, 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 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. CITY OF MERIDIAN FINDI]YGS 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 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD 22``d . r' day of VOTED_~~~ VOTED_ ,~~- VO'I'ED_ (~~ VOTED__~~- VOTED "'~' DE WEERD ATTEST: ~TF ' o ~~AL V ~ . -~ ILLIAM G. BERG, JR., IT (;~ ' ~ t ~~~ ., ~~`~ Copy served upon:.Applicant ~/ 'ng Department blic Works Department City Attorney B Dated: ~ "Z.~ ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW A1VD DECISION & ORDER CASE NO(S). AZ-07-OI2 -3- CITY OF MERIDIAN PLAI~IING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 STAFF REPORT HEARING DATE: January 8, 2008 :~ E' LDIAN TO: Mayor & City Council - I~DAHQ 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 UDC 11-3H-4 which prohibits new approaches from directly accessing a state highway at points other than the section line road and the half Hole mark between section line roads; Applicant is proposing 4 right- in/right-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 and 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 t/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 th 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 55 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 original concept plan was transmitted to agencies, the Applicant submitted a revised concept plan (dated September 27, 2047, included as Exhibit A.6), which addedJloors to proposed Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH'E 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.B. 2. SUMMARY 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 Commission is not required to make a recommendation on the variance application. NOTE TO COMMISSION/COUNCII. REGARDING FUTURE OWNERSHIP AND CONCEPT PLAN This is a large 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 areas. 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 comer 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 beheld by the Walter Kleiner family. Some of the property may be developed by CenterCal, but it may be just as likely developed by another group. This being the ease, 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 development. Staff has prepared 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 recommends that the Commission and Council include any additional DA provisions that maybe appropriate. The Meridian Plannins & Zoning Commission heard the AZ request on November 15, 2007. At the public hearine they moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearine: i. In favor: Ashley Ford, WRG Design (Applicant's Representative); Jean Paul Wardv CenterCal Properties (Applicant): Andy Wilk. CenterCal Properties (ApplicanH• Lars Anderson, Bach Builders: Chris Brandt Petra Inc.: Michael Ballantyne (representing the I{leiner's) ii. In Opp.OSltion: None Meridian Town Center AZ-U7-0'12 & VAR-U7-017 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REFORT 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 Wafters 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 Valley Road and the extension of River Valley Road from Eagle Road east to Records Road; c. Kev 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 questions the need for three pedestrian systems (the multi-use pathway along.Eagle Road, the multi-use pathway along the west property boundary. and the sidewalk associated with the public/private street through the center of the site) on the property. itv Council heard these ite son January 8.2008. At the public hearing the Council approved the subject AZ request. (I'he VAR was conti~ed to February 19, 2008: therefore. staff has deleted all analysis and find~nQS related to the VAR from this document.) >3. .Summary of City Council PuhLic Hearing: i. n favor: Ashley Ford. WRG Design tApplicant's Representative): Fre runing & Andv Wiliam CenterCal Properties: Jim Rehberg: Mike Ballantvne (representing the Kleiner fanLily) ii. In opposition: None iii. S'ommenting: John Ringert. Traffic Engineer fKittleson & Associated: Christy HD): Scott to field. Mason Sta field Engineering ach Buil : JoAnn Butler frepresenting Developer Diversified) iv. Written testimony: None v. tall presenting app ication: nna Cannin vi. Other .staff commenting on application: Steve Siddowav ~ ev I cues of Diccuc ion by o n '1: i. The necessity. of all of the proposed access points to/f_rom the site via Eagle ii. Concern ~rtaining to the aueuinp of traffic using the left-in access point to the site from Fagle Road at the quarter ile: iii. The desire to obtain ACHD's and ITD's comments on the VAR request based on eir analysis of the Traffic Impact Study prior to making a decision: !1, ev Council Changes to Stn /Co mission Reco mew nda6on i. j~tclude Develo ment greement provisions in DA #2 & DA #~,.Rer ACHD's etter dated January 8.2008. as follows: 11 "The applicant is required to comply with.ACHD and ITD conditions prior to receiving approval for any building nexmit_ on the site. Further, the Citv will not sign off on any occupancy card without first receiving ACHD's signature and sign-off. All anplication_s on this 's p oiect spec'fic comment .regardless of the twe o 'cation (i.e. conditional use permit. certificate of zoning co nliance_ etc.)." 1 `~No detaLls related to access to the site are approved with the subiect 7 aRpj~ation. The proposed access locations on the maior arterials shogld be 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, 2008 ann rQVed by ACR D and ITD and ca nnot b e eva luated u ntil a traffi c impact ii. Add v has been co a Developme mpleted." nt Agreement prov ision i n DA #2 and DA #,"~ac fo Llowa• " ' Qht-of-Way ch a 1 be dedicated fo r the e~ tg~c ion of R ecordc Roa d and E 'v er Valley Stree t •f ri h -of-way i s not d edica ted d~'re cjly adjacen t to the ern property boundary of the c ite cro ss_a ccecc sha 1 b provid ed to the pro perty to the no rth so that a spite strip is npt created. Constructi on of River ..all ey Street and Recordc Road sha 1 ke place with h e initial pha ce of he iii, br° d a Developme nt Agreemen prov i i~ DA #2 as fo llows: uOw ner shall taxov ide a second p athway roninw ~ nerall y no rth-sopt h fmm Fa'r view Avenue X.o B. iver Valley Ro ad in addition to t he 10' mult i-use pat hway along Faale Road O_wn _er sha 1 not b e repaired to const ruct a third north-s outh pathw ay for_ the _ es t Parcel. T i s second pathway s hall ca rve n c the mu lti_nce nafh wav by the Pa thwavc Plan and s ha 1 be en era Iv ci liated in h w s rn on if of the West P arcel. from the gen eral vi cinit y of the 1 /8 file line wect of Eagl e. Road. with a llowance made fo r the fi nal l ocation o f he 1/8 mi l a c c~c oII Fair view Avenue. to the west bounda ry at r ou~h lv'/ mil e from Eag le Road. he pathway may run cenarate from or in o n ection wi th a riv a isle or road: ' e tisfv bo walk/pathwav th the Pathwavc Pl reauirem n 'f it i an rea s run ' fire n co men and nnection he roa with the ro ad The path way may be c onstructed as a det ached 5' si dewalk w ith S' land et•ane strip iv. dd ~ a Developmen ». t Agreement prov i ion 'n DA _.. # ac fo lowc• "Ths applicant ou ld work with t he. adjacent develo pers to the sou h (D evelopers Diversified) ins. their off er to share tra • sc . and e nera ) Howle d a of the a rea": v. _dd " sir a Developmen ic ~ltnral ~c . t A .ream n prov in lud'nst prod ~ ti ision in on of D ropc #1. & D ,•,~hall co A #2 ac fo lo ntinue to b ws• e a lowed after annexation a c an urban farm`uc e whic h is a n nci pal pP,]Lmitte d use u nd~r l17 1]-4-3-28 an d 11-2R-2 " _ 3. PROPOSED MOTIONS Approval After considering all 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 modifications: (Add any proposed modifications.) Denial After considering all 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/Lacation: The subject properties are generally located' on the northwest and northeast corners of SH 55/N. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 Eagle Road and E. Fairview Avenue, in the southeast `/a 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 51104438800 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 Road/3600 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 StatementlJustification: The proposed Meridian Town Center proj ect 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 squaze 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 Park Trust, Meridian Town Center will be fully integrated with a 60-acre park (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 17s', 2007 and October 1 g`, 2007 (Commission); December 17.2007 and December 31.2007 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: September 7a', 2007 (Commission); December 14.2007 (Ciri Council) d. Applicant posted notice on site by: September 21, 2007 (Commission); December 7.2007 (Gifu Council Meridian Town Center AZ-07-012 & VAR-U7-017 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE 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 & Rl (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 Qpportunities 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/Ditches 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) SS/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 'h 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 Meridian Town Center AZ-07-0.12 & VAR-07-017 PAGE 6 CITY OF MERIDIAN PLANNI~IVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JAIWARY 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-outlleft-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-out/left-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 Val°ley 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 interconnectivityvith 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, ACRD has not submitted formal conditions of approval. However, due to the size of this project ACRD did subnut comments on this application that are included in Exhibit B of this report. City Staff has been in contact with TTD 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 comer 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 MEETING 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. $. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Ilse-Regional' on the Future Land Use Map. In Chapter VII of Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 the Comprehensive Plan, this designation is defined 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. T`he 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 finds 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, Goal 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 Sheri, fj''s Office. 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 (ACFID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not 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. Staff, f 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, ojJ~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, classified as principal aKerial streets and entryway corridors. Buildings and parking will be set back from 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 miz 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 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JAIViJARY 8, 2Q08 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 Certiftcate 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 time 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, Goai 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 mavie 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 an the bottom floor with off ce 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 111ized 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 developrents. 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-U7-OIZ & VAR-07-U17 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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-family 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 20-26, 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 eancept 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 are phased, a conceptual site plan for the entire mixed use area 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 ofSHSS, 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 commercial and/or office buildings are proposed (not residentia•1), the buildings should be arranged 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/o, ffcce 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 o~j`ice, residential uses, and a 60- acre public park. All mixed use projects shall be du-ectly 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 HEARING DATE OF JANUARY S, 2008 required to provide access to the proposed public park fro»a 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 Street landsca buffer m feet Local 10 Collector 20 Arterial 25 l.andsca a buffer to residential uses in feet "' 25 Maximum buildin het ht in feet 65 Maximum building size without design standard a royal as set forth in 11-3A-19 ins uare feet 200,000 Parking requirements See Chapter 3 Article COFF-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 sbucture. ""Where the adjacent property is vacant, the Director shall determine the adjacent property designation based on the Com rehensive 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. T'he 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-07-012 & VAR-07-017 PAGE 1 I CI'T'Y 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, the 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 squaze 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 pazk site. UPDATE: On 9/Z7/07, the Applicant submitted a revised concept plan, dated 9/27/07 included as Ezhibdt 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 retaiUoffice/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 unportant 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 ICleiner 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 Z on the concept plan, located on the east side of Eagle Road, consists of 87.97 acres and contains 1,318,825 squaze 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 squaze feet. The buildings in the central portion of this area are situated so that they surround a large plaza azea. 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 pazlcing 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 PLANNnVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 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 Packazd Estates Subdivision and along the north boundary 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 courtyazd 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 azea. The Applicant has stated that the concept plan for this area 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 are 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 are proposed for this area. This area is also very conceptual in nature as it wiU 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 pazk, 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 cul-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 reaz and sides of the structures; Staff would like to see more structures built in these areas to screen the pazking lots from adjacent streets. Z) Staff likes the design of the buildings around the large common area shown at the northwest comer of the site, west of SH SS. Staff would like to see an amenity like this included in any future concept plan; 3) Staff likes the design of the shops around the plaza area shown centrally on the east side of SH SS 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 nux of restaurants, retail, office and residential uses should be provided as proposed (provided in DA #3); 4) Staff likes the design of the pazking shown in front of the large multi-tenant retail building along the west boundary of the site, west of SH SS (see example in Exhibit A.4); this parking concept should be incorporated into the site/parking design east of SH SS, between the stand alone pad sites along SH SS and the lifestyle center wherever possible and where consistent with the design concept (provided in DA #3); S) 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 SS/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 parking 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 pazking area shown in front of the largest retail building along the west boundary of the site, west of SH SS (see Exhibit A.4 for example). This concept should also be used for parking areas on the east side of SH SS (see Exhibit A.8). If access points to SH SS and Fairview Avenue are approved, the Applicant should submit a plan showing pedestrian and primary access drives and parking within the site. Parking 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 root 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-07-012 & VAR-07-017 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 7'HE HEARING DATE OF JANUARY 8, 2008 sides of SH 55/Eagle Road with unifying concepts such as pedestrian/vehiculaz 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 admmistrative 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 apgroval 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 'h 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, bight-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-nut access points to/from Eagle Road, 1 right-in/right-out/le€t-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. 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 interconnectivitywlth 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 aze 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-O12 & VAR-07-017 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FORTH°E HEARING DATE OF JANUARY 8, 2008 conditions of approval. However, due to the size of this project ACHD 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 ITD aze 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. Staffbelieves 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. 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 cut-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 pazk 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 configuration of the parking spaces shown in front of bui°Idings that aze 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 uprovements 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 minimum 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 tuneline 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-07fi17 PAGE 16 CITY OF MERIDIAN PLANNING DEPAR'TMEN`T 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 Ifleiner 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 11-2B-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 UDG 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 landscape buffer be constructed along both sides of Records Road, a collector roadway, 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 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 11-3B-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 E. Chateau Drive 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 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. • UDC 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-U7-017 PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 • UDC 11-3H-4C.3 requires a ten 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 standazds described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for pazking 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 11-3A-19C as follows: Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the fagade, 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 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. Roof lanes: 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 pazapet 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, textured azchitectural coated concrete panels, tinted or textured masonry block, or stucco ar 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 fagade of the structure and abutting streets, unless the principal building(s) and/or parking is/aze 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 walkway 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) parking spaces or two hundred feet (200') away from the main building entrance. Meridian Town Center AZ-07-012 & 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) permit 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 structure is started and/or the use is established (UDC 11-SB-lA). 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; all 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 prepazed. 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): A srricultural use iac_ ludingypraduction of crops shall continue to be allowed after annexation as an urban farm use which is a principal 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.pazk site shall be subject to review and approval by the City Council on a noticed agenda and notices shall be sent to all 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 turnazound. At no time 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 shall 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 19 CITY OF MBRI•DIAN 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 11-3B, 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 Fazks 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 administering 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 Counci•1 approval of a Development Agreement Modification for a new concept plan. \ o In determining consistency, the Planning Director may allow a plus or minus ZO% change in square footage for any building, or collection of buildings, as depicted on the concept plan. 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.) 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 will seek advice from ACRD regarding traffic impacts associated with any proposed change in use. Specific Provisions for Development Agreement No. 2 (Ifleiner Ownersl'p): 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-07-012 & VAR-07-017 PAGE 20 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 3. Approximately 72 acres north of Fairview Avenue and west of Eagle Road (the "West Pazcel"). 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 accprding to quality standards suitable to this location. Definition _All references to "Owner" herein include a purchaser or other transferee of the Owner's interest in part or all of the Owner's land (North Pazcel, East Parcel., and West Parcel), uriless the terms or the context of the agreement suggests otherwise. • Urban Farm: Auricu>ty-ral use,. jjn^ nroducbion oLcrops. shall continue to h„g allowed after annexation as an urban farm usf. which is a ~~nal pernLitted use under UDC 11-4-3-2~$ an 11-2B-2. ACRD aD~val. Th e ann~ican~ red i re to comely with AC RD ~p d ITD conditions prior to receiving ap proval for any build ine Hermit on the~ite . Fv-rther. the City wj]] not siA.~off on any o cc~# ancy cards with out first receivintr AC HD's signature and sitrn_off. All app ica Nons on t is site are subject to ACHD's pr oiect specife comments. regardless of the typ e of aDp]it~tion (i,e. conditional use. hermi t. certificate of zo inn ,~ ance. etc 1 " 2 1 °0No deta'Ic related to access to the site a re annroved with the ~,ject AZ annlicaH on. The imposed ac cess locations on the major arterials should b~~8.p~rove ~2Y~C HD and ITD and can not be evaluated until a traffic impact study has been coin lee ted. 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 ~~'ht-of-way is not dedicated directl}~ adiacent to the northern nrnnerty hnnndarv of th .site cross-access shall be provided to the property to the north co .hat a mite ctrin is not ereated_ CnnctruetiQII of River Valley Street and Records Road cha 1 take place with the initial phase. of the ~oject. • 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 Pazcel, the East Parcel, and the West Parcel, subject to the conditions of this agreement. Total 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 standazds in 11-4-3-1 through 11-4-3-43. o Totai office gross floor azea, shall be limited to 700,000 gross square feet. The uses noted in Exhibit E are allowed as office 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-OI2 & VAR-07-017 PAGE 21 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 o Uses otherwise allowed 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 rwles provided herein. Exchan eg of ScLuare Footaue 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 squaee footage in a 1:2 ratio. For example, Applicant may increase allowed retail uses by 100,000 squaee feet and reduce allowed office uses by 200,000 square feet. • Division of west pazcel. The subject property shall be eligible for the short plat process. Certificate of zoning 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 squaze footages provided for such pazcel/lot on the allocation plan (see below, Allocation of retail and office squaee 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 landscaping design, as designated by Owner subj ect 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 UDC 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 retail 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 squaze footages to the North Parcel, East Parcel, West Pazcel, andJor 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 shall 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 detai°led 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 UDC 11-3B-9 and l 1- 2B-3, along the contiguous lot line joining the west boundary of the West Pazcel 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 Pazk. o Development within 100 feet of the Packard Estates Subdivision residential lot line shall be subject to the 25' landscape buffer and shal'1 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 allowed, 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 towazd 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-07-0'12 & VAR-07-017 PAGE 23 CITY OF MERIDIAN PLANN~I•NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 • Off-.street parking. Owner shall provide a minimum of one (1) parking space far every five hundred (500) square feet of gross floor area of nonresidential uses, as provided by 11-3C- 6.B. Required minimum residential parking ratios shall also be determined 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 squaze 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 UDC 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 similar development feature. • Pazking_lot landscaping_Owner shall provide minimum parking lot perimeter landscaping and internal landscaping as required by UDC 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 11-38-14, 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 UDC is amended to allow a greater building height in the C-G zone. • Eagle Road uprovements. 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 Pazcel, prior to occupancy on such parcel; 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 specifications 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 nunimum 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 aze required for residential uses only, as provided by UDC 11-3G-1 througkt 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-07-0.12 & VAR-07-017 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 if mandated by the applicable city code (UDC) 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 (iJDC) and/or road agency, either I'TD or ACRD, along public or private roads. ~ enue to River Valley Road in addition to t he 10' multi-use nathwav along EaQI Road on the west parcel Owner chap not be reauired to construct a third north- south nathwav for the Weft Parcel This sec ond nathwav shall serve as the multi-use nathwav reauired by the Pathways Plan and shall be generally situated in the wester ne half of the West jQ',grcel_ from the penerai o vicinity of the 1/8 mile line west of Eagle _ Road with allowance m~dp for the final loca tion of the 1/8 mile access on Fairview • _.......... a.. ~1..........L 1........1........E ........1.1.. 1/ .. ,ile ~ n.r. 'Cnrrln 7?naa TMn ratl~vrnv mov in co nection with the road The nathwav ma, a constructed ac a detached 5' sidewalk~itlit.5' landscape strip or as a 10' multi-use .nathwav • Site internal drive aisles. o North Parcel: The extension of Records Road shall 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 , ACHD 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 UDC 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 ofRiver Valley is appropriate. Such access is a Meridian Town Center AZ-07-012 & 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 desisut 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 UDC 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. Ali 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 linut, 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 may be 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 azound 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 crosswallcs, 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 line 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 8t VAR-o7-017 PAGE 26 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 The applicant is reauiced to com~v with ACI=ID and ITD conditions prior to receiving approval for any building hermit on the site Ftirkher the City will not sign off on any occupancy cards without first receiving ACfID's si rature and si n-off All applications on this site are subiect to ACHD's ,project specific comments regardless of the type of application (i a conditional use Hermit certificate of zoning c9mpliance etc " 2) "No details related to access to the site are approves with the us~biect AZ at~plication The proposed access locations on the maior arterials should bo approved by ~-~Hn and I1'D and cannot be evaluated until a traffi_c_imnact study has been completed • Right-of Wav shall be derlicated far the extension of Records Road (and E. River Valley Street if CenterCal's ownership expands to the North Parcel of D~2) Construction of Records Road (and E. River Vall K Street. if appLcable) shall take place with the initial phase of the project. • Structures and parking areas shall comply with the entryway corridor design standards, per UDC 11-3A-19C. + UDC 11-3H-4C.3 requires etch-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 boundagry 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 may be phased as appropriate to provide adequate access and circulation for the structures being constructed. • Staff is very much in favor of the proposed pazking shown in front of the large multi-tenant retail bui~Idings along the west boundary of the site, west of SH 55 (see example in Exhibit A.4); this parking concept shall be incorporated into the site/pazking 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. • Prior to Certificate of Zoning Compliance approval, the Applicant shall subrnit a plan showing safe pedestrian routes at regwlaz 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. • Prior to the issuance of the fifth 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 area shall be included on the final plat. In the event that Records Road extends from Fairview Avenue to Ustick Avenue, the timing with regazd to constructing River Valley Street maybe re-evaluated by Council during the final plat approval process. • The Applicant has offered to construct certain off-site mad 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 pemutted 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-07-012 8c VAR-07-017 PAGE 27 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 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 limited 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 Kittelson and Associates drawings, shall be delineated in an exhibit to be attached to the DA #3. • The applicant should -work with the adiacent developers to the south (Developers Diversified) regarding 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 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 may be allowed if the general impact is the same or less than that proposed. The Director will seek advice from ACRD 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 reauest on November 15 2007. At the public hearing they moved to recommend approval of the subiect AZ request The Meridian City Council heard These items nn .Tanuarv 8.2008. At the nnhlic hparinn the CnLncil_ aonroved the subiect AZ reauest. (The VAR wac continued to IH'ebruarv 19, 2008: therefore, staff has deleted all analycs and findings related to the VAR from t is doc .ment.l 11. EI~~ITS A. Drawings/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 4. Example of Pazking 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 Department 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-07-012 & VAR-07-017 PAGE 29 CITY OF MERIDIAN PLANNING 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 Spy Mertdlan, Idaho CEN'TE~I. ~ ~ nuc~v e at m <v Exhibit A 3. Map Detailing Development Agreement Boundaries MERIDIAN TOWN CENTER sa~~w-rc ~+~.~---u~ ~r~n. Mono M~srEa v~u+ 4. Example of Parking Layout Favored by Staff Exhibit A 5. Plan Depicting Proposed Access Points to Site (F= full Access, R= right in/right out, L~ left in) AN TOW N ~~. ~tm 6. Revised Conceptual Plan (dated: 9/27/07) with Changes Noted Exhibit A DIAN TOWN Meridian, tdoho CENTER o m ., ~ ~ ~ - - r vsFrr~ MERIDIAN TOWN CENTER ,,,,~ 9~f21tA' 7. Parking Areas to be Reconfigured Consistent with Exhibit A.4 UI! ,__ .~, 4 ~ ~`• , cxa. err. m ~ ~.i-k ~ ~~~~' _ ~ ~``a. _ . :~ A~~ ~ ~~~~~~ •r.. ~~~ w: a.: .. _.. ~'~..;i. . m.,.ti . gaa.rya~. '" ~ - - k ~._.. .. ~..~,..., o.~~~ . ., ,~ us.rpyre. oa.~~ . ~' .vn~vaiu .us- ~ w v .,~ Wsaisf.i~uwru ~.. glnii ra..a~~wa ra tatems ~iN. ~v +6Urrpia7CVaaL WR4U I~rYpWYllllar/~af1'- romans ai~oO W1i ~ d~ ~ ntn~paq tp~yb ~,~ ~p M!eA ~ ~ ~ ~ dW/UN 9M)Iplj ~• W I1601WRt1N AeeomMnitwrr ~} rerntiroilaa ~V w..n. era:4wac~ 1,m.KdY l1n M a ~ w ~ - ynlin .~ ..~l..r..~.• ... . ao.o~n ~ Vii! ~ ~ ~~~ ~~~~_~IO: ;.~~~ ~~'~~ (~~ ; ~ ~~ ~ fr.._.~.._ y , -.... , ~~ ._.. ~ .. ~.... .. 8. Memo from Staff Detailing Changes on Revised Concept Plan INTEROFFICE MEMORANDUM TO: PLANNING & ZONING COMMISSION FROM: SONYA WAITERS, ASSOCIATE CITY PLANNER SUBJECT: MERIDIAN TOWN CENTER (AZ-U7-072) COUNCIL HEARING DATE: OCTOBER 4, 2007 DATE: OCTOBER 10, 2007 CC: CITY CLERK, ANNA CANNING, CALEB HOOD, BILL NARY, TED BAIRD, ASHI.EY FORD, ANDY WILK On September 27, 2007, the Applicant for Meridian Town Center submitted a revised concept plan for the site. The azea 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 square footages of retail and office uses: Pazcel west of SH 55/Eagle Road: • Retail/restaurant uses were increased from 730,500 square feet to 873,500 squaze feet for an increase of 143,000 square feet or approximately 20% • Office uses decreased from 574.,500 square feet to 480,000 square feet for a decrease of 94,500 square feet or approximately 20% Parcel east of Records Road: • Office uses increased from 187,000 square feet to 220,000 square feet for an increase of 33,000 squaze feet or approximately 18% • Residential square footages did not change No revisions were made to the retail uses proposed at the north boundary of the property located on the northeast corner of SH SS/Eagle Road in DA #2. The revisions resulted in an overall increase in retail uses of approximately Z0% or 143,000 square feet, and an overall decrease in office uses of approximately 2% or (x1,500 square feet, for the portions of the site depicted within the boandary of DA #Z. (Revisions were made to the original memo dated !0/1/07 based on the adjustment of the DA ownership boundaries; the original boundaries were shown incorrectly.) Exhibit A 9. Letter from Ada County Verifying Parcel Status .A~11..~OY ~3~VE~OPI~~EN'r ~VICES~ . 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Valley.Ir~eraen'tsr,•y:5dbool fmm `PA~kart7 NA. 3 Su~iv§itin,, • Ferrel ~s~.loSA1T.a~i l3 vu~s~ oreateii• ~$y iiXstiunent # 1:QW3347E~• c??t JitnE 29, z0Q9. T;liis ~ ~s.cu~:y used~tp provide acve9s•.to3tivei VaD+~.ElAftteutety Sphaol &orn >~agle ~•A~' AY the tioa¢°that;'tllese paire~ls wei^t ate: a•}tropettp iitiimdae j~;e¢jusimient• ~~~UCniion wss •tequi~d. I~QWeVer,~oW othea shallxe~o t1i@•p~e#tt•~Itercel aslt8vw~ be0b~ ~Y goveranoa~t at#ion,Per ACC &4A: ;19 attd• saa11 vurw•this.pa~el••ej~ ~a lagalCy fob-a6atb~uag. ,~,~ty.,. 171e•vropsgpcctics notal above aita7t bcdacm~3 tp bo prrt of'tho. Xna~n :Sel-opl ~t1a1<iat ;parcel ~Si IUS.~4+1901, i~o~tlis obrlli: ;.Vale tf''200G001~ - , - .. :Page 1. nav,a ic,~: . Exhibit A P1~ i~ aSivse~ tbat a p~bhc paak,is ~Iio~ved with conditiot#aJ disc pe~i. appru~al itk die 1tU1 a~nd~Rfrdt~^ct~r ~tndat!{otoat usrr:p.er~mits~req~iite apitblic lic~ti~ ~be~ore:the 1~l~ning ~c.Zopift~ ~pxrit£1iasio~ :bncb su a~tP~ica~it~ is deed cofiplet~ it ~ke~ a~iaut ttltep months to ~~ :thruu~h t#~is~sxor~sa: ~-,pp~ii;avbi- fob are avaalabie oit~oti4 webe~te Frye;. s~'ad~tal pte:i~plrce~q~, do~i~®!tees' ark a+va~iabip.by c~tttaci~n.~ yur lr~lu w~+~ter staff at•~~Q.d) ~B'7 7?.00~ fi~the ~~a any were ~p : ~ianex4d to aid developed iil ~tbe qty o~ Me~'tdiati, ~+ciu would need td~ coz~fact their glenx~it-g~loppi,tynenfs:dl}!-~t. tkdas ptrocess for allowf~g dsvelapme,~t off' a' i+~rk. :$f yrtit hake .amy. 9~~-~~t'pleasc d0 root ites'+tatc~.ro dgrft~t me ~ (20$) X87-920' yr s±t+ii~o~e~,agv~~b.•riet. ~s.~,~eiy,. ,Yi"e~e•Nia'2PnG Plahiaet 11 Ada• E',ou~cy DeveYapeoent:a'Srvicrs C~.: l~Cia'her¢`~ook, Pl.~utip~ & ~oititt~ Administ~pator AT'T A,pplicar~s Eic~ijbitA ~ar<kanty ~eecCg •87„i'~R 8t .823745 C~i~ ~Edi Report tbt Instiui~ent 492~.t7.50' ~, FCI~ Re~it5ri t~r;~tr~a~if 1.b~0'J3d~'4;. Exhibit A _, °a ° °_~ ~. a o ° a ;.(~~..~ . ,o °° 3 ~ ` 0 0 m j~ ° ° o ~¢ ~N F{IIp o gry u4 a a06(~~a°'°~_~ )" ~ dry ° ° 9°f1°11° ~~ 8° ~ ° ° ~ 49 p o ®a9 ~ ~~. ° ~ e ~ °o a o Q u ~ ~~ ~ o_ ® ,GWII ° ~° ~ o° ~ ° a8 ° ~ oa u ° {N1 p °o ~~ o ~ e °~.~8 Oo~ 0 °o 0 o~gpp G°G. ° ° ~ o~ ° ~$C~1Y~°t~ ~J ~ ° Q~a;~n~Tv`°~i+ U. o °~, .~. _ °°i'~' a °° ~ ~ ° ° ~o ° A „ ° p 0 4 9 9 b ~ v o o °, ^ ° ~~ ~ ^. ~ ° o °o o~ ~ 08 ° ~ a ~e8-, a s ~° a® o a ~ ~ ° a ° ~ °9 0.a' °' '~ '° `~ '~ `~ 9 ~.... 'e ~ o e °~ o o B .o~ 0` 8 oar 4-~ ° _ °° =o \`:fl °4'° u o. ~j o .off o O.0 ~°mo ° ° e °° e°n® a ma°°.u o ~ ° °e ° °~ ~ ~~~ ~^• o a C 7'° a s ,~ o,~ a ° L~XH/SIT A i Exhibit A ': ~: :~: °'~.•~'t;~ 3i.7 a M+431.•~~ • ~ dY'N w75" Y ~~ ygic vaTva "YeCe~Y~s1~; Rio :S~YARE dp ~slLtl{7- .H, lCrB3Rl.1~ ge}teQ,~ ~Y try F[glte~ ~~i~owi.7clei~sar mii9 Deng M.. xidiipaz, per_arcjD1~L .°.': . 'eestiatlvae., thQ gs~ltoz, •eotae :dei'et+Y g~ni; T4eagaiq, etl1Y m+4 ~ t • uauYpy ,41fCO. 1Q~'L!&R fffisalalP lGLL+iNP,R aM fg1CSLi8 K lq~+$tAl61K~'ge . 'indlvt~4.ala,. ~tlle ~~neiees-, the fol~.o~31ag. lles~ibea pisrof:avo. ~~ t4:.witt i~lA Sbj e! Clip s~ ,ead the ~ 04 tpe $llt9 .and the tPJg of tlRf '$!~i 91r' t~6 ~r in Abdtbfoe d',,. aqA tA4 ~ltl O~ ~fia 8~ Sn 8ecC3~t1 S' at2 tQ i'oi+nrtii~ ,~ ;~lorfih, Aatege 1 saga og ibe Bail~sd Hex~diaa~ Yn Elbe eopaty~ TBahp.. 'lQ ilAYB• 7.~ip. 2Q SOLD untb tha~ ~as:tied a`F the ;ee~oad paFt :As tppls.rssgeseioe eele and sgporate ptopercy, eaCb to Iteid.on ettnsl _al14 Yi+$trodgd •lnteceet tligFe:sn•, ap '.teliat-ta' .IA CoID~OtNrf TII~$ :rpm: Lg: t-eing gq~iyerea uraQoz.. ane° t!Y virfya. eF aq Order'Co'~ytining;¢a2~ QP t}ea•7,Pr4pnst9. ma~a.?yY ~~D1esa~at CcYSt oP ehQ Tkird •~udiol~a} .p~.cta4at. aY' Y~ie. $6t® oZ Idaho, . !:a gfFe ,Y.or the ~Caq~ty ei Ga~yan, l{agS6Csatu Dl,viaion:, seatSoa ~., pn R1ea~ ZetSl. e4Y oif' .A4}Oatit, 1972, idniep. order ~o by 'C~!f®rie1C4 l7lEleCO iPado a ,fiArt Y~eTOnt~, _ nA t-iough Set :iE'WC:t{1 in lull •liezei;q. Tli£e. Gonyeyapee L'& aA atisq:i4uxe oen.voybi~ce es fRe simyla tit16; witho~; •rpatricttosi@ of 4ay Sgpe. or K#oe:. TO NRt!e dIFD T.O HOI:A the said prmmiaea~; .w~.Gn zhair. ~aypor. Eetle.Esa4e yoto R:tie cp;~d•'tit@gtoog, tlio~x• MOiFo :apd assdQae fPieoer•« Aiiii• . the paid .GQt~ti07r •~oru hci[e~y po"voi~at'1C •~.a oa0 iif th. ~L1ie 6atd Q•smifitab~a., .that .~;t to tpe . owne~n la ~~ .d;+upk4' 4f• Bgi4 •airem~,§aa: £hd .Oa3.6f~ Elregiitlos .itiln isee. tsns all endymbtdt}aea. and •6!!Lk it ~9J,12 val2.9rit ei~d 8afaiie Ilia .a8tu,6 ltem, e21 18Mia2 oibi+ae ivhbt- aq@VRr'. I:STf1T> ~OP B!~!Ni .Si. lS~~P.11, •dBCesi„oW;- •eY ~~ !~ ey - .. . • R•EQEIVEO .wt~ •o. a zoos A .. Exhibit A k• --cS;µ ~n a _ ~.r.-~s ~•''.~F': yy #'~. ~ #:~ ` ?+" cps ~r~.u'~..r ~ . r, ;Y, lay. ~. 4~i ~ Y . j • Y :~• ~ 1 ••~,~~ ~ ~~ ~ • ~`~ ' ^• ~ t ` . } . ~~~°~~3&9'`}'~$~~Y f~pd4xlrsds"yt~t,~~~ ppr,.sgaa~, 1 Mksi; ~~~ : '~YB~„=~lh;~$, iilp• ~+,IA~1 W r R3d3~L10~~ 4Z@C8A6S4 ~ ~m ... « ;~• D ~. '~ i. F; ' ~ ;,~ •' ~~ r~9~ .teQ• tie .~a??a~i'~rigSire~tixai~tieat. r' .: ~~ • i~~ ~i~t~c• rvn., s t,av~ tocsdunha ~~ dye hgri'9 'ate . .; mp: of£i'c}p1 ned~l, fire Bay ands yee~ iait tTik.9 e4~r~3'tiaato• tLica~Y. aD44e asitl~a. '• . t + e~ a ,," ,y E ,i4sa:~~ _~{~+.1 . ~'!' ~j ~i • ~ ~ t ~, . 1' ii' .ui: •IvAmF ti•~h~' i0 i~~f~k.a3~ _ .R4'c 0. P13RRING:'seoOtAeC .~ ~; la: ~~ ~ E' f V E !a •J~~.~ Q 1 ~2o~bs~ ~Alyl1.. ~.. i(~g Exhibit A ».t 'rte °l hm ;s , , 'a ' '; ' ... .. r ~?: • . ~ "u". .....> ~ ,,1~~b ~, A ' .~, ttARY- A7sB# # 'PbdF va1u~ x~o~.•a@8; ~e 7&s`ra'~~•'or fit. Via. iG,B]f~tti ee+seo~dl•, •~k' 'kate~ lioiiaan .~ eih7 .Da[gc~fia btr lclafatefc; pairtimaha~ +ria~ese- s8it~ativi}~ry •t"he gxantiOY:,, dea§ A~e.1?y! grgnl:, ~ :ie11 .3aRd 4 ~coaeiey itrtto 3tAL1'Oit •IIbAMAIi 1c1nEI'ii6ti awA 8tittF:N~• ti.: XLBI&'1~;. •ee ~rAivsaneig.. •rt~s Qsb1-'tro~, +ihe gol3oirinQ de86;.#.'be& prain4tgaii~ 'io=x1•ts ?che '.Gtij . of 4tia dlgbj epd eho •NI{.. of el~o, S'lY~• anyt i1hw. N3f 'oP' C3tg SSa~, of tike 9?:~; ;<n sect3,on. '4;, e-pd: ~ •F3i o~ too. S,F.~r ~n Ber}kl~,o~ 5, :bli i# ?q?obobip ~ 7Dtixtb~ .8d~ ~ :~!~ e~~epe e~+ine -~~{dlcaes, in 7rds Coitritiy. 1da'ho. TO• H7sYS ,kWD TO' •1iQL'C ltptio th"e ~iBL~$es dP tltie se"C.oriB. pourt as £libitzespective~ .eeic dpit ee~&ratd ~s+P~`r, anm basi c;~ hard oe~ sgfial nr-tS•-vnd'1yiB'Qii ln~tb~o•~t theie>lh, eta';ten'onts ir- t~oiari•: T~A;iirtkq: ~:s. beliip•`de~veicetb IIAdOY lace by vtr£u~ as an Ox~~: Cottsmj3na SaSis os Rea;i aropercy; ddmde by tike. DistsiRO GOtii,'C O~ tha '}71k~ J1id1G18L D~aErio~ of CZra SltTeia of i4glib, ya er-d xo{ e!-o• coLL,ity •ot` C:t~nybif; 'Naotglx.~ale ~$1•y~e:iod, 9eCifeM X, an ehe 28th day. oft ~4dusc; ~196•T, .v.6~.ch oe`tlmi' i,e by tinfrebee Rhorcasef :made' a ~t hereof; es thwu~ eob Pait?+ Sr !'u31 ho~rptll. ~hke. Ci6)faeyancm L3 .an ~pD8o3nte' ccnvayance! of :Cee o9.:~p1® tiltio~ vlttiiiul Cwn.cif#.ct#o(.ia df~ ."any 'k}'i'.loe or'tLAd~. ~o ,-,if-vL :nND 'P4 •~~ the bald pre~ii$va.:,.• !~~.!?+• t}ia•Y=~ .~ypus- te'o¢j+eeG• •u~to. 0~lQ 8`N 1!! GX$[{C6itl0', LheS.it Kd#r~ aA~ ~681g1Y+- lesever•. ili-ii bhe ~81d GYdiitRt doda 1ieYe~y' sbvenant to •aarl .vith ;he c,,s£d .ozsptoars., ti~at .l't i~. tha past®r ip; £lea ~aiop~a tit amid' yai~oeel~4oak thoe s$fiA rrom.Ae~ gka .free •sx~. ail; @atevlt~E~:, e!!4• .t3+~t it v'ii~ vari~aiC 0.t}d :8e#;mne tiha a~pim f;ment pll l.~m~l yp~aT$ ~ 3.. el. itL~2D?$A,, _4+~eoeooc?. :ar ' e. a1~Y ~. ` b.Qa :veal .* :REC~dVE~D 3:~t~ •o ~ znde r1DA C~01i!!{{~.TTYY~~ ~1'~Mb~R1i1C.l~ Exhibit A rM ! ~S ~' R' ~ - ~ T • 1 ~~ • ~ •. e • i ~• ,.~+ ~.~ • • .•• •> e " ' ~ . ~f iN ~ R~5 a. .J• 7 •~ ~ • • . . ~ ..• • •t t•1~ ~ , .. 3 r : I T. ~: ' ' l .g, . .Y.. . s ry ~ . • Niel aa~awy." / " .~~ ` 1 ~ 'tt` ..~ ~ ~ffE .SiEiet ~ . f.'` ~'~~d x .. ~t ..1~~ a 6rir b.,,,,,(;~_• , qty ~~ap~cargbe~, i?9ti~~, '. r~ ~ 9 • ig ~~ i~ ~ IG~162NZ,R anq Btft,~48 ?!. Itt+ `.30_ ) ~M . ~ . ~ ~ _ .A ~36`a t~••~e1fe duly ~IbPolntie¢ •aeid• a~¢tBpQr• ~rbteonll :z :.`~!e ° , ~ ~~ 't; ~ „~ ~ u• s 8r! 7i~ie EBtiaYa by .a.:m>: 8riamr~, 3~ooaaao$y ack~.~4,~d ~, . - ~, d4~ ''t:.ri'!e ~gtatie .edtsrlif.~~, 1~Tje foregoidg inatrtuoeae. =~ ~ ant t92a!sti6ffiA 9~REOP, I tiave hereua'~a. grt my.'~.:~6. aPf~.xad~ . ,~. ~, ~ny- of~ic#d~ seal. ,d(1e i~eY exid' Year b ~tbit Coso~tiaatm .$Srpt °~ ' nooa;c wlcsteRn.. ` 4 ~ '~ 9 He61' ;:.9~• 1P8m}jfd; Itla?f0 . ~ ~',.•.~ ~e e,... T a 1Rt~ry !~1,'W ter inns ay ~- /,~r dLeA~~ A.-F~1,At~f1. Reew.u 2., _• .« A ~.C ~. ~V ~~~ °~a~uN"s~c~s Exhibit A :s:aoun.asoio a•~iu+s amm. oage~•ce mamo~: iSaRE: i'l~121750 3N1~ t AiAwit w.epKir tltNi tte~='700 r o7m~our ~wio AoadouMn,~eem.•wottoem~~.agonawer IEFO461111133N{ JNiEiSf `1 1 .j ,~I c co~aaoowuNgn ~am~ so-~wm'~sa.•ui~a'cro.mda9Q~•asem~aron AF.T8tsY99141760 ?,f~jr~ryE~ awr anio.» pint ~t ll Is~m+wd dSb Wf ~s E ~JTL.~d!~'~~" raorrrewer7enr gn.sor rA~m~i+iwm mw ~mao~3rit:uvoumm-s.~-csuw•®dt AiTED i 10QQfISq{', /Q~ ~ Orb 077pM70 3MOR 7.Mf~AQIrMa'n NA COs t . ~ ! . „ ~, : .,, --- r4~T7Man7eari lan. ror rrrtorot+awu!~a usms 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 12 months of the City Council's approval of this application. Please see Exhibit A.3 for a map 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. Z. 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 of Meridian 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 utstai°1 water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbwsement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the prelinunary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed 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 will 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 final 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. 2.10 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be 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 Femutting that maybe required by the Environmental Protection Agency. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewallc the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfiil, where footing would sit atop fill 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 subdivicier's expense. Typical locations are at street intersections and/or fire hydrants, and no further 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 may be used for non-domestic purposes such as landscape imgation if approved by Idaho Department of Water Resources Gontact 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 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.21 Per UDC 11-3A-6 all imgation 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 imgation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. ff lateral users association approva•1 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 %z" 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 comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10' and horizontal obstructions within 3'. f. Fire hydrants shal•1 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 sha•11 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 shal•1 have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking olily 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/comrnercial lots lot wi°ll 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. 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. 3.12 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 efficient 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 trust 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 (1.22 m) froth 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 net 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, A•CFID has not submitted formal conditions of approval at this time. However, due to the size of this era, ject ACRD did submit comments on this application that are included bedow. .~~ ~~'~. ~~I~,,~" ~ie.w:.b~ac~e ]am S. Win, v+e w. w;pw, vJae ~, aareai~are,.~,aidr earo~ a rwcee,, 'September 28: 2007 Ta G.ny of Meridian, i'lanning Department 880 E. Wetertoviar• liana, Suite 202 Meridiaq, Idaho ti3642 Subject .6eriterCaf Davelopmerd sNU1Z-07-012 nlelc and n!w/c of Eagle RoadlFeirvlaw Avenue (rrteraedion 'Ttae Ada Gourity Hlghwaiy Dteirict has riedeived the annexation and honing appUcation for the 'Proposed CenterCal t3evrilopment project Gated at l=oth the rioHheast and northwest' comers. of the irrtersaetion of State Highway ~ (EQ81e Road) and~~FeWtew Avenue: The QisWd has.f~een vioitdng with the appllca+Ya traffic wtgL~er to'identify en appropriate scope for the netx~acy traffic impact study. •The District tree i-Qt yet retx:tved the rsqulred trasfic impact study for this development: (t :is the t)istrid?s understaridhrg that the scheduled MAendiap Planning and' ~orting meeting may move fonroard prior to ihe• Highway RiaMcf receiving and. ~minerrting: on the traffie stuiiy. 1'herefon~, staff;is autimittlng, these preiiininary.cohlmarif"s based on thg cpnceptual site plan .far the f?,ity?s cotisiderettop of the annexation and' inning application, Addidonal ttommenta.and• recommendaddns -yWOI ba sutimHted once the t)istrid` has received the traffic 9mpact study. Also, souse of•the sutrmitt~ Dominants may ba altered deice 4n dhe tiitdlnBs end recommendations cfittie trafie impact study. E><is~in • Gondltlons• The'~`tetP. Higttwray 6ijlf:airVieM!.Avenua tntersedlan is the tiusisst intern within the state of Idaho. The glstrlct ~itiy reviewed th§ •Pbr6bndge-Sutic>14~ion located further south of this' site; and tfie pfojected ~tralhlc ool"umes and level:vf sentiee air? 1?ien4'fled belouv. •Roadiviray Fupctlonal ' ~ Traific Courrt •L:avgt of Projected ~tevet of Speed Glasalfi2ation $ervice• Service at Pinetiridge Wmft Build-Out (2015) (Does not include aaffic -from t:enterCal ro act ,Fairview. Ririndpal''Arterial 37i1.9ti~east of . °E° - °C" 40 MPF locust Grovain• (assumes 7-lanes at iwlild- Ma 'Z006 ~ .... •Wne fiAiiiorAiteriel `2,376'wastof t~etterflian Bett~rthan'C" Eagle Rcad'in °C' Mardi 2006 . • $li b5' Pdnhjpai Arterial 59;580°south of "F"`(See "F' 'S0 AAPk ,(Eagtd itbad) Fairview (n Ndte below) Odotxfr 2008. - Exhibit B 'ACCsptal;le level' of :service :for a' fiNe tane~ principal arterial rgedway (Fairview) .is ~E" (37,Q00 ADTj. 'A~eptable tevelof servi~•for.a live lane minor arterial ro~adway:(Locusl; Grove and Piner.assumiitlg con~plefed irnprovennerits.) is~~D° (33;QOO ADT). •Aecepta~bie• I~VeI of service for seven. lane pdncipaf aiterlal roadway (Eagle Road hor#h of °ptne) is "t~' {5Q,000 ADT). ~Ngte: This is based on t>1e CflMPA~SS Ertanning Tliceshotds.. The• Oist~ct reapginiZes that the exist[ng and pcojecte~: level of eeruiCe at the taglelfelnrfewr iratgrsection is above an acceptable plainnhtq level .catta~lty. Pf!evioustyahis lr~tersection was id®~fied: as a fuWfe uirbeii'In~rchan~e. In• the lest afpdaitis•~ the long-range ~transportatlon plan preparedby Ct?IyIPAS~,.tlits •u~ban iater+charigearnp~avementwas rennoved from tfie plat!. Eagte Road ~fs. a :site highwejr, and the Idaho TNari9port~tion;Depaetme~ °ha$ limited plans for. impravemetits to•tHis corWdor (~.e. ~ntq~ir ~s`lareds fbr access•cor~G+of). There are no planned •capacityimprovernents~fortFiis corridor. 'Th®~ aplslicarit is ~ursyin®Qp~ons to.ydlize the STARS :funding mechanism to add an addltfonal •thnu~ lane in each dlrectian of traye~t to tsgte Road firatn River Palley (approximateltl'/s miie north of ~airvfsw Avenue} ta: lM®rstate.'84b The District is $t~pportlve of this effort asahe tranrrporfibtinrt ir<i#tacts of~is:development.eraslgn~carrt.to~~e'cs~io~itransporfafionsys~rrl. in eddPRion, thr Districtwould encourage theapplicant.to•re'views FrRtgreaction design.al~rnatlves~with ACHD, ITD,. ands COMPASS in •ifghtof dhe (:ulrrrarit~H6gh Volume lintersectfion Study currently bathe conduct®~f hy. ITD, This stuldy+ curFreiitly ~fn draft•ph~e, idertt intersection altternatlve3 for thos® intei~sectfons that•cafcy •thu.hi~hest volurtres of ~afi9c.. The study is scheduled to be cornpiete in December~20gT. ,ff the study-recommertds.alternatlves to the tradttlonel iptersection at Eagle. Road and Fairvlew Avenue, the Distriet nepommencts 1i~-at the applicant pursue funding of his fmproveritent~~in conjunction with tl~e otherproposed STARS' road iinproviR-en~ to Eagle Road.. • Coltamettts'. on• Proiecfed Trai`fit:. and Site D~sian f'ROJ.E, .CTED TR~AFI=iC Whiie• the•ffaffic impac~• study is no# yet .complete. the applicant's ttraff~c engineer•..has provldsd en estimated trip generation fat the entires project based on She:app6car~s conceptual plan. At full 'bufid=ou#, the ~projed •cculn generate: approximately 37,.000 vehicle trips daily. Thts estimate could: change i1' the tYPe or intensity of #te::prcpgsetl .land uses ere altered.. NORTHEAST CORNiE=R peinii~lr Avenue Access The appiir„snt• has proposed thr'ee• c~rive~ray accesses to Fairview Avenue between: Eagle Road and •fiecords Ofi+e: The app~eant~has propasecL extending Records Dnve.througti the si#e~to the.~north.propePty line, as.a coilecfor roadway. Theappllcanthas proposed orie~ driveway ac~rs oti. t+,smnew .Avenue b~tuveart Records ~-venite'and. Venture'Street. l`ii~:iappficait'hgs .proposed cortnedfig. to Ventun~ Str±vet. Staff Commend LDtetrid staff is iiot •~;,tppoctive of the••proposaii..driveway on Fairrview Avenue loea~ti:d c~os~t to 'the irnersection of~Ea4g~ Road. The Qropos~ driveways between Eagle Road and Records Avenue •rr~ay be resiricted to rigtit~n/right-otrt. River Valley .Extension: The. applicant is proposing tb build River Valley aloil~: the frorth• property line to create a signalizad~ i'ntersectiart with. Eagle ~Road'et approici-rrately tfi~e'~ mile between Fainri®w Avenue and Ust3ck •Road. The appiicani~~ia propasing a. slight shfft {apptoxfmate{y 30~feet) to the .south- for this •roadway alignmen.L Exhibit B Staff Commertit: This ;roadway' was identifl®d' as a future collector roadway, and. the Disaict would require.ttie construs~ion of this roadway with :the development applicafitlrt. if the road+Nay is propoae~i to •be shffted south, tttp applicant wili ba required to provide access to River Valley :to the properties to the.•nor#h: In addition; trig proposed shift to ttie sout)t•will impact the existing River Valley ort the west side of State Highway 5ti~. Records Avenue: The applicant is proposing to extend' Records Avenue as 'a collector roadway tbFaugh.the site to the.north propeity.line.. :Staff Corrimeriti This roadway wa$ ideintified .as•a future 'collector roadway, andthe••bisfrict would fequire the coitsttudion of this roadway withrtMe:•dev®tQpment application. T~'his roadway is planr~d is •be extended to.Allys Way {whicFr is +ct~rrently under instruction farthe .first'/. mile south of ~Ustick Road)• and tonstruded as;~yeloprnent ocpufs .riocth of this site. The oonn:.ectiort to Ailys Way .i$ critical t9- thevehicular clPculatiori within this ~irea 715is 'roadway will provide a paralgeT arid' altemaliYe =route to Eagle Road. Ttie applicant does not cbntrel. the property that will enable the' oortner.2lan of Allys.'Way td Records Avenue, trot the rennecgtln should be s requirement of this developmenE, ACHD; the City of Meridian, and the developer should'worii with adjacent property owners.to achieve~the necessary•rigM:o~way dedication. Gr®enwood ~Dr1Ve and Meadow Wood Drive: The applicant k nct:proposed any improvements br connections to ttiese~ exis.,ting residential 'streets. Staff Commerrt The applicant unll Ike retuned to provide col-de~s-ac w!rrtarounds .for these roadways or.eanstruct~a.iocail street connectionwithin'the unopened rightof waY t~etwean these streeris. T'he OisMct. is. not supportive of tying these rural resIdentlaP: stn3atsint6 the ~pcoposed ironir>>ercial development, TFte• t)istrict is: supportive of.providing ~trie existing residences acc®ss to :trie proposed P~• NC)_RTHINE3T CORNER F~itivl®rr Avenue Access: The appficant has proposed tNio ddvew+ay accesses 3o Fairview Avenue between ~Eagte Road and the site's west propeirtyr•line.. ,Staff Corrlritertt: if no accesses gained to Hickory Avenue, one+of the propoeed driveways to Fairview Avenue should be fuli.accesr. Tire full aix~ss driveway;si~ouid be lotted as far from the Fairvl®HrlEagle intersection as is .possible. The second driveway shoulii be restricted ttl •dgtit- In/right only: Hickory Avenue: Ttie site figs no frontage on .Hickory Avenue, a collector street with a.signalized .intersection with •F'arivieriv.Avenue, The pistrict.beGevesthat a: connection to+lickcry Avenue could provid® rae~ssary circulation and access fo Fairview Avenue. T11e Distridt encourages the applicant to•discuss these possibilities'with the adjacent rand owner (a church). Rtver•VaNey: T;he• appl.'rtaant~has proposed- extending RiverValley only parfiaTly 'into '.the site. Stiff Comrihenta'Thr3.app]icarit: has not adegriately addressed the continuation. 9f Rider Valley into 'they westerrr quadrant of this•~developmertt: This area of the developrnenii will require some redesign •by°t~e applicant. ACCE$3 TO EAGLE irtOAQ Tree applicant has proposed r~ht~Jrilrtghbout drhreways •on both the east and west sides of Eagle Road. located approximately 118 mile' north ot`Fa1R±iew Avenue. The appiipnE has proposed g/._ driveways oin bath the•east find vusst.aides of Eagle Road located approximately 114 mite north of Faimew Avenue, The applicant ls; proposing. right-inhight-cot dr3veWaYs on bQfh the east and the west side' of Eagle Road 1Yi3 mile south of`the• proppsdd ~ mile signal at River Valley. The Exhibit B ajppiicarit is pioposi'ng~ a sigtaatlzed' (hfersectio~n with I`agle Road at the'/n.rrlilg.lo~ation ("Riser Valley st~eetj. Staff t:otrirl~e-rt: District staff is~:nilt supportive of any of.:We proposed.l~/8 mile ri~iat~Nright=out ar$treyi ~iys.. The Dislrict:re~R1 that. ultirrtateiythe•tectsi~n forthe access.points on eagle Road will ~be .made b~.y the ~~ity of tiR.eridian and 1TD. However, the OistrlCt pt~rsi~ed the designation :and tfie:req~lrente~nt~for' the•~~4 mile collector streets•~{River Valley and Allys Wayl'Racarr~ Avenue) in ~arder to provl~e aiternatirres for access, rather ~th8h~ grariting additional access points to the State tiignway, siistem. . l"hiese co~inerits aie-pn3limtnary in trature.:and~it~ Oistn~ ant~dpstea sgl~mitting a more complete -enalys~:atter• the a~ipiit~rtt has provided ttte~~net~ssary traffic inipa~ study. If'you have• any questions, please feel fie to contact me at 208-367-8'171•. S'incereiy; Lori~~Den [~artog~ Planning Review •Supervfsor RigFt=cf W.ay: 8 Qeveiopment Seniioes CG Proje~ file Exhibit B 5. IDAHO TRANSPORTATION DEPARTMENT •.1DANp #.•• .*. .~ Z~ Q4~. ~ N. E il)AH6 .RANSPOit'I/l'TION DQPARTNlEl1?~ P.C1 ~cx 8029 •$aise, IL)' X83707-2028 (208) Yi34-800 December b, 2007 Cit~+ of 11~eridiar). :P~ar.-nit}g:Depatlmeait •660~~. WatGrtQw.er.LaneSuife202 lyletidian, Idaho 83642 :PAX SR$=685~~ C1~~~~ ~~ 0~ ~RZ 4 ~1'l~:`~.~Ca Y:. Tic: tec~atoar: NWC & i~lE(t ol• TP:1'sagleRoad and~~. Fairview Ave. Mer+dta~ ?'ativn Gr~Fer Rotitie: Sl~'•SS ~ 13:095 l~'ame: Ceritarcal Pr4es, :1'.,I:C Case No; Vr'iTt a7-017 bleating DateF January 8, 2:OU$ l~eai` Zonittg.Aduaiiaistrator.; 7.'t~ank yqa. fqr tho opportunity to EsomtfotenG on'this tapplietttion. We areregoestng that this variance .application) b~e•denieti,. Accesstio eagle t~aad sfaauld'be at locatYbiys )hat cb~ply with the TFD access poliay•and the Fade Road 1nfrn~tntCtttre Plan wily. Any and stll access p~aiats, and any other amenities soeh as l'andS.i~ping within. the right of.•way; wild reQyire a •petmit front >'I'DF .Access Isaacs: sl-onld~be res4lved'as ~~ti as .possible .Any'woik done orr the SCate. big#,tt 4t'Way~will ~ a~perh?it: l'etinat &ppli'eations are avalablc• frpm dais. Of,'hce. Please ]iaGe •t}re applicvnt eveta~t.3Vt'att 4Y.ard•ag• 8.1 Sp't~n~iti'en BIvi~ ~83•'714.in. Boise qr Hall '(208) 3.34 '8341. obtain a permit aliplication. Tf yp~ have any gttesfai6ns please call mo at 334'8:9:01,: Sint~ely, ~} . ~. 9 P>i~i. Choate Sctiigr Ptaoncr Exhibit B C. Legal Description & Exhibit Map ~I~~ ~® ~ O 'E ~8.~ t' ~N 1 N ~. ' Hauadpty Descrtplion lVIerltitan'1'owq• Ccntew Rezone • ~'ob ate: 6077070:Ob A pacct3l of laud situate in the east half of the southeast. tiuarter of Section 5. Township 3 Ti4rt>i, Range 1. East, the-soutltwest quarter and the vi~est half of the $t2uWviest quarter,. of the southeast quaFte~ €if Section ~F, Township 3 IVoi~th, ltattge P Fast, Boise Meridian, A.da ' Counry;.ldahq, 8nd beinglno;e particulaxty desctibgd as follaivg: ~~± ~ Cs'sznmisnainpp at a brass'calp mat~:ingthe• southeasE comet of Section S Township 3 NQith, b..,Np I A ' t P~•N,...a Runge 1 Fast, poise lblericlian, the POt1VT OP HEt31NTlINt3: ' ~~ Thence S89°~ :Sd"W, .i 322.•1 1 feet'al6ng the: south iine'of the east half of the soutEeast 4luacler of'a`' 'txgon S: to the southwc4t comer of tli~a-east half of the soutlteasi r~ , quarter; of 5earon 5; .~,.,. Eit°IKggRIN.~S ' Thrice ~i~iOQ"t)i€'SG'rE; :45:28: feet along•tbe west line of die oast halfof the sauttteast quarter of%Saetion S~ to a 57$ inch trobar on the 71QIth right of»way lino of East Fairview.Aveatue; e• c;„der+~sc .Thence lVl)0°06'SEi"E, 265.44feet.atpngthewesttineofthe•east'halfofthe' 'AP°Ftl'CC1.1(N8 soufheastqunrtero1'Sect~on.S~W~a~S/8iachrebdn~aKkingtliosouthoastc~mer•of • •Packln~ Subdl'iieion 1Vq,. 9, .>~Qo1£ 8~ of Plats •kt Page 9064, records of Ada. County; ~~ !~ ">~Ftence NO:U°.07't3"E, 7 i 1..dSi feet alorlg'the east line of Packard.'8ubdtv,sioo No. 4, to•a 5/8 inch mbarmarlpng the•soitlheast coiner oPP,ackaid SUliiivi,ipn No: 3 Bgglt L'"'" SxJ quit' 80 ofPIets at Page 8.687; iecosds of Ada Courtly; . ~ • ' `S'}tcnre iY00°07'15"F, 239:31 felt along the east line of Pecka{'d §uldidision No. 3~, to #lte south •right-of--way lute of E7ast Chateau Drive; '°..., 1173 EpitW,ftjOirop.GdaCk OravB' EgplalU ~63G16 PN208/?a8.8300. F% ~~a;~- •w,~~:« tv+~vw,ete~px.com Exhibit C Thence N$~S'I'06"I3; 9#,SS feet along'the south right of-way line, of:@ast'tshateau DrSye; Them .109,96 feet•or~ a cuive td the [eft having a iat;lus ZQ•t}t~ feet, a: aeriLralangZe of- 90~0p`0A", a. clior~ bearing of N44°$ L'OCi"E; and a chord• length .of 98:99 feet,. atgng said right=of-tvayline; - Thence Ni10908'S4"W, 289.87 •feei aloug'the said. east right-off way line to the.ttotfn line o£the east t-alf of.tha southessl quarter of Section 5;; Thenct; :N$9°55'28'°$, 7Zl.~fj feet along~the ngrfb li.tle of'the •eaa half ctf ttte sogth_east gttart~r 6f Secxign S; Ther-ce'SZ0'3~4'''ld'~ 4$:04 feet; • Pa•~ i. of3 iVieridiatsTawd ~et#ter ltezotie c4ntlnue~i,., R~ • •. APR- VAS &Y _ A~<Su '~ 3 '£"~ <,~i~IAN ~~gL~G .ryt vs ~Q~7 Thence N89°55'ti8"~, 356.73 feet: parall'e) vvitb tA~ ngtth line.oftlieeastlta~fo£the southeast ciUatter of"$t3ctlon S to ~tht; viweyt right-of--way -1iae of Noztb: E;q$teRoac2; Thence..i~89°55'28"~, 70.On feet parallel with they north lime ot'.fhe east half of the southeast quarter of Section S'to the vVest. line of:the sot#thwest quarter gf•Seetibn: 4; Theriae NQa° $ l)'~13"l; RS:gt) feet.along t~t$ iYest lizte af.'the :southwest quartet of SeotiQn 4 tq a brass eap.marktng floe ~n+!est quarter-section. c9.mer of 8ection:4,• 'i'henec•N$9°51•'Oi"~, Zt);00 feel algag the n~o, rtlt litre of the southwest quarfei- of Section 4 to .a brass rip ri'8h~ -of wgy mdnument, •$tatiatt ]42-~26.3,:otx the east,righi. of-wciyline ofNotth LagIeRoad; Thence I+189°S]'Oi "1~, .1258.28 fact atoitg fht~ north line of the southwest quarter of S~ctinn.4•to a 5/8 inc~t rabarmarkittg the:center,=wegit sixteen8t~section corner; 'Thence ~189°50'4~, 133.0.68 feet along the Qoi'th lin~• of the soutfttv4st quarter of Section 4 to s 5/8 inch reb8r inair~ng •tlte northeast coriier of Cite southwest quarter of S~onr4; '!'hence $00°1•p'49"~V, I314.73 feeF alon8•the east line Qtthe sautlr~vest quarter of Sectioit 4~td,a 1/2 itic~s,:rebar marking the southwest corper bf L'lover Meadovrs $ul;.dieision No. 3, Book 24 of Plats at Page 1524, records OF Ada t"QUniy, Thence. N89°58'3+4"E,, 662.97.:feet along the south line of Clover ivfeadows 5ulidivisiah Ato. 3, .to a 1~I2 inch rebar merking tt}e uortirwest coined of'Venture Subctivigiory Book 23 of I'3ats at I'age,17Q4, records of Ada •Cvtinty, `I'-hence St2p904'25"W; t 2tf6.52 feet along file west lit}e.of Ventu~'Spbdivisien tti the ndr:4h riglix-af-way iuie of fast 1*airview Avednei Thence c©nt3nuin~>S.l~Ob04'25"py, 3'1.?4 feet to the south line df S~iim 4,; Thence•N89°46'3"yir; •¢<1i4.76 fuel alQngthe south lirtea#'the wetst golf of the touthwesE gliar~ Qf the southeast §uatter of'SecsYon Q to a S/$ inch rebar m2trkiug the soutlt.gttarter~section corm ofSectidn 4; Tlienc~N89°4b'1.7"'W, 26S9.5.1 feel along thesouth lsne.of the southwest giiarter Section 4 tp the POTNT•t7F:13ECxINi~jG3. The.above-iiesoiibed parcel contains 25$.39 .acres, •more cr:legs: S~baect to any eRisting easeinext~ griigtits=of~~y-pf Nordor. appareatt. Exhibit C RE.1FJVAt tax ~~~ ~ r~ _.. ~. ,~:. ~, ciiR~ ~'aet~. . . ~iR LfNGJ1i' .NADItlS~ '.F~LtA. BfylRif~C : Cil ~ :96 : ~ Of '. N- F •, s cw++er QOO •.CUBJLC7~$~OILQOff1B7 ~---r ~ VIIB w .~ $osb bNRdaring ~E F¢Iiview Avc f nwifTUow'n.$1 _. .:.. ~ - ~~ .. ~ :... . _ .- .ANI~EXATI~N E.XH)B1T PROJECT NQ. sorio~O.ou •o,,,;_= m,. P _a , ®. w: ~ . a. c ~ QATEi 08~16/Q7 ,AJ~EWDIAN~ TOWNCENTER sY Dws ~w, ~.c~ a-.tea, ~ av~e ~ - .. scnt.~ ~,.. soon F,,,~;:,..,~_m...~, _ e~auN'~o- _ SHEE'i'Wo. 1' ExBib'st C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 C-G. The City Council finds that the 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 outlined for 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 wil•1 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 upon 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 {UDC 11-SB-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 requvre unreasonable expenditure of public funds. In accordance with the findings listed above, the City Council fords 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 Retail Office Residential Other Comments P An(mal care facilityl X P Artist 5tudiol X Arts, entertainment or recreation P facility, indoorsi X Building material, garden P equipment and suppiiesl X Church or place of religious P worshipi X Civic, social or fraternal C organizations) X home daycare is residential; otherwise daycare is office. Home daycare is A/C Daycare center) X X actually daycare, family or daycare, group. A/C Drive-through establishment) X P Education Institution, private) X P Education institution, public) X includes home/household, personal use, and offce equipment businesses; Equipment rental, sales, and excludes farm, industrial, .and heavy C servicei X equipment or machinery businesses a bank is retail; a mortgage or security broker or other financial Institution P Financial Institution) X X is office P Flex space) X P Fuel sales facilityl X P Healthcare or social services X C Hospital) X P/C Hotel and moteli X P Industry, information) X P Laundromat) X P Laundry and dry Cleaning X C Multi-family development X P Nursery or urban farrnl X We generally consider this accessory to P Parking facility X the use. P Parks, public and private X P Personal or professional service X classification depends on general nature P Public or quasi-public use) X X of use P Restaurant X P Retail store X Vertical integrated residential housing portion. Integrated non-residential P project) X uses count as retail or office as appropriate. LEGEND permitted (P), accessory (A), and conditional (C) 1 at end of use title irmplles specifle standards for the use exist in UDC chapter 4 Exhibit E CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 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 othenroise allowed in C-G zone may be considered by modifcation of DA. Uses classified as "Retail" or "Office" above eownt 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 ExxII-bit C Permitted Uses Table of Proposed Uses Code Type Use P Animal care fadlltyi P Artist studios Arts, entertainment or recreation P facility, indoors) Building material, garden P equipment and supplied Ghurch or puce of religious P worship) Civic, social or fraternal C organizations) A/C Daycare center) A/C Drive-through establishment) P Education institution, privates P Education Enstitution, publics Retail Offish Residential Other Comments X X X X X X X X X X X Equipment rental, sales, and C servi'cei X P Finandal institutions X X P Fiex spaces X P Fuet sates factiityl X P Healthcare or soda) services X C Hospital) X PJC Hotel and motel) X P Industry, infermationl X P Lauadromatl X P Lauadry and dry deaniag X C Multf-Gamily development X P Nursery or urban farrni X P Parking facility X P Parks, public and private X P Personal or professionaE service X P Public orquasi-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) i 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, groep. includes home/household; personal use, and office equipment businesses; excludes Perm, 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 rise. classification depends on generaE nature of use housing portion. Integrated non-residential uses count as retail or office as appropriate. ADDITIONAL Accessory uses allowed in C-G zone but not shown above are perr~n7tted if the printmry use is allowed. Uses not listed above but otherwise allowed in C-G zone may be considered by modifJcation of DA. Uses ciasslfled as "Retaq" or "Office" above count against total allowed retail or ofpce square footages; "Residential" and °Other" uses shown above do not. Exhibit D Residential Lot Lines __ .- .- .~y..; _ ~- i _e ~f ~ . ~ _ ~ ~. _~,~ . ~ t~ ~ , ; ~' iL-~ l.•~' rte. ~24~ ( - t ~ i ., ! ~ ®... ARDY _ ~y ~ W CE DR i ~ ~. _- 1 :4 i ~ i ~ _ ~~ , .. ~ lti 1 i, fC 1 ~ i ~ ~~ ~ ''' WEB ~ ~' i~ i ^I I. t j ~, ,j i ., W PALAf .AYE i ~ z ii~•-? t ~ yr ~ _ tti 1 ~ ~ ~ i -_;t_~ ' a Buffers to r idential use ; ~- `.~ `• ~ ~ W CLOYERI~tEADOWS R i. ,.' . ~, ~~. --Pr _i~~ ~~~ • ~ r r ~ W MEADOIYWCOD D ~ ~'AT~ . _. 4i , ~ ~ ~ ~ ~LL aR f ~m~ I ~ ' ' 11 - '• .. I ~ ~ .. ~ t. { ~ ~ , J,J~'u~r t f~ ~ ~~' _'1 ~`~` ,, ,. ~. .. -~ ..~_._. ~_..... .ro ~a .... - ~ .. ~ __ :..a. _ .. ..~ .~ ...__ -- `~ U a _ ~ ~ C-2 ~ ~ ~ _ ~. ~ m L>.~,%f~ ~'~. ~ [ L t~ ~ S 't .•F ~ f ~ a ~~ ,~ I W~ , . , t-t..~ ~~ , ~ _ - RUT l .~ ~. -. s~..~ ~ ~ _ .. , : ~ ..- =~ ~ ! . ,, '. ~ - , _ - - ;; U.~ ~ ~~ .~ ~ - ~ ( ~ W SUNNYDkLB 4N - as aawrtaanmgwroiep'ewm~tmn.ummaR. E ttilasYmm!~ else ~ a ~ - ~ ~+ t. ~ - i , ~, 4 41-.7 . asq: xo.mxo.exunMdkuwerwmro ~ O~a~e~Caeq. t Inch equals BBt.369196 teat 1~ x 10 0 a~ F City of Mends, N . eet