Application~irE IDIAN~--
IDAHO
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
MayorTammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
To ensure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by: March 29, 2011
Transmittal Date: March 2, 2011 File No.: MDA 11-002
Hearing Date: April 5, 2011
Request: Public Hearing -Amend the existing Development Agreement
(Inst. # 108131103) to include an updated and expanded development plan
and minor edits to the text of the agreement for Meridian Town Center
By: Meridian CenterCal, LLC
Location of Property or Project: NEC of E. Fairview Avenue and N. Eagle Road
Joe Marshall (No FP)
Scott Freeman (No FP)
Steven Yearsley (No FP)
Michael Rohm (tVo FP>
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Brad Hoaglun, C/C
Keith Bird, C/C
David Zaremba C/C
Sanitary Services (IVo vaR, va,c, FP)
Building Department/ Rick Jackson
Fire Department
Police Department
City Attorney
City Public Works /Scott Steckline
City Planner
City Engineer
Economic Dev. (cuP only)
Parks Department
Your Concise Remarks:
Meridian School District (No FP>
Meridian Post Office (FP/PP/sHP only)
Ada County Highway District
Ada County Development Services
Central District Health
COMPASS (Comp Plan only)
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,cuP/SHP only)
QW2St (FP/PP/SHP only)
Intermountain Gas (FP/PP/sHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kung Irrigation District
Boise Project Board of Control /Tim Page
City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
~~i1~~E IDIAN~--
of 18ewkw Regnesto8 (chak aU that
^ Annexation end Zoning
^ Comprehensive Plan Map Amendment
Q Comprehensive Plan Text Ame~ment
^ Conditional Use Permit
^ Conditional Use Permit Modification
^ Design Review
O F~ ~
^ Fiaal Plat Modification
^ Planned Unit Development
^ Preliminary Plat
^ Private Street
p Rezone
^ short plat
^ Time Extension (Commission ar Connell)
^ UDC Teu Amendment
^ Vacation (Cotmcil)
p variance.
~ Other moment Agreement Mod
project teame• N1e ri a ~ ayt TrswY- ~ rtdG
Date filed: Z- Z ' 1 ~ Date camoPku: _,,,~_
Related files: AZ-O'I - O 12. ; V~ o'T - OI'
~.4-5-11 pCommission~CoTmcil
Applicant Intos~tbn -
Applicant name: Merihiwn C~rmtrrCal T T.S Attn• Craig Tiotti~' Phone: 8~1-451-$993
Applicant address: 42 N. 650 Want, Farmington, UT Zip: 84025
Applicant's interact in property: ~ Own ^ Rent Q Optioned O Other
Owner name: Game as Appliceot) :
~P~
Agent name (e.g., am.hiuct, engineer, developer, nepreaentative): Deborah E. NeLcese
Firm name: Givens Purslev 1.LP Phone: 208-388-1200
Address: 601 w Bamlock street,l3oiaa Idaho zip: 8~?02
Primary contact is: ^ Applicant Q Owner ~ Agent ~ Other
Co~aet name: ~~~ E• ~~ pie; 208-388-1200
Email: dm(a~givenapurslev.com Fax: 208-388.1300
Sahled Prenerty Intormatlon
Loeatiodatreet address: NE oorna< of Eagle std Fairview Roeda
Assessor's parcel member(s): 31104336000 sad 31104325500
Township, range, section: 3N lE Sec 4 Total acreage: s4 796 t
Cmrmt land nae: Vassal Curnent zoning district: C-G
planning Depart~me>ttt
COMMISSION 8t COUNCIL REVIEW APPLICATION
STAFP USE ONLY:
File nnmbcr(s): M DA ' ll - n 02
33 8 Bmadaray Avenue, Soite 110 • Maridian, Idaho 83642
Phcae: (2~) 884.3333 • Faaieoil~ (208) 888-6854 • Wetmioe: www.me;idiaocityarg
1
Protect tip -
Projecdsnbdivision name• Meridian Town Center
General description of proposed projecth+egnest: Develo~ament A~eennment Modification
,~ no. five
Proposed zoning district(s)• N/A
Acres of each zone proposed:
Type of use proposed (check all that apply):
^ Residential ^ Commercial ^ Office ^ I~tstrial ^ Other
Amenities provided with this development (if applicabk):
Who will own 8c maintain the pressurized irrigation system io this development?
Which irrigation district does this property lie within?
Primary irrigation source:
Secondary:
Square footage of iandacapcd areas to be iaigated (tf l~~r ~ r ~ ~ o v ~' ""~:
1Zeaidentbil Protect Seminary (it a~lkabk) N/A
Number of reside~ial units: Number of btilding lots:
Number of common and/or other lots:
Proposed number of dwelling units (for multi-family developments only):
1 Bedroom
2 or stare Bedrooms:
Minimum square footage of sttucttm(s) (encl. garage): Proposed but~ding height:
Minimum property sizc (s.fj: Aveas~ property size (s.f.):
Gross density (DtAacierotal 1•ndk Net density (DU/aa+o-exciudia` roads tit alieya):
Percentage of open apace provided: Acreage oaf open space:
Percentage of useable open space: (See Chapter 3, Article G, for qualified open space)
Type of open space Provided in acaes (ie., ]andscaP~& P~~• ~ ~)~
Type of dwelling(s) proposed: ^ Single-famt~y ^ Townhomes ^ Duplexes ^ Muhi-family
Non-reaidentlal Protect Summary (K applicable) WA
Number of building lots: Other lots:
cross floor yea proposal:
Existing C~ applicable):
Hours of operation (days and hours): Building heiglu:
Percetage of site%ject devoted to the following:
Landscaping: Building:
Paving:
Total member of employees: Maximum number of employees at any one ttme:
Number and ages of students/cltildren (if applicable):
~~ c~
Total number of patlong spaces Number of compact spaces provided:
Aothorbmt~n
Print applicant name: ~~
-~----
Applicant signature:
Dace:
33 H Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5333 • Facsimile: (208) 888-6834 • Website: www.meridisncityasg
2
'~ CALIFORNIA
1960. E GRAND AVENUE
SUITE 400
EL SEGUNDO. GA 90245
PHONE 310.563.6900
CENTEI~C~1L FAX 310.563.8905
PMOPERTIES, LLG
OREGON
7455 SW BRIDGEPORT ROAD
SUITE 205
TIGARD, OR 97224
PHONE 503.888.8940
FAX 5U3.988.BD~7
February 23, 2011
WWW.GENTERCAL.COM
Meridian City Council
Meridian Planning Departmern
33 E. Broadway Ave., Suite 210
Meridian, ID 83642
RE: Meridian Town Center -Development Agreemern Modification -NARRATIVE
Dear City Council Members and City Planning Staff:
Meridian CenterCal is pleased to present to the City of Meridian the current conceptual
site plan for development of the Meridian Town Cerner on Eagle and Fairview Roads. To
incorporate the new site plan urto the project development agreement, we submit the enclosed
application for Development Agreement Modification and supporting documentation and request
the City Council's approval.
The City Council originally approved the Meridian Town Center project on January 22,
2008. The City and Meridian CernerCal entered into a development agreemern dated November
21, 2008, and recorded on December 9, 2008, in the real property records of Ada County as
Instrument No.108131103.
Since that time, Meridian CernerCal has acquired additional property beyond that shown
in the original site glen. Also, since that time, market conditions have changed dramatically. To
accommodate these changes, Meridian CernerCal has modified the conceptual site plan to
include amixed-use lifestyle center, a retail power center, and a residential area. The quality of
design, architectural details, and amenities will meet the same high standards required in the
original approval.
In addition to the revised conceptual site plan in Exhibit B, we request minor changes to
the text of the development agcemeirt. These changes, shown in strikeout/underline format in
the application materials, include the following:
• Sections 1.11, 1.12, 4.1, 7, 10, and 23: Minor language edits to reflect timing and fact
of amended development agreement.
• Sections 5.1 (with reference to Exhibit E) and 5.7: Updated references to new design
standards, except where specifically noted. The parking standards at issue in the
original development agreemer will still apply.
• Section 5.2 -Minor edit to clarify that additional residential housing does not require
modification of the developmem agreement.
• Section 13: Edits to reflect phasing of developmem.
Thank you for your consideration of this application. We look forward to bringing the
Meridian Town Center to fiuition.
Sin Iy
C other
Vice President of Development
Meridian Town Center
(NO SCALE)
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KITTELSON 8c ASSOCIATES, INC.
TRANSPORTATION ENGINEERING /PLANNING
SITE VICINITY MAP
MERIDIAN, IDAHO
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CITY OF MERIDIAN
PRE-APPLICATION MEETING NOTES
Project/Subtlivision
Applicant(s)IContac
City Staff: ~
Location: ivC
Name: ~--~ ~ - Men rf; c~ 7-b~u-n G~-~~' Date: Z--3-zoo ~
t(S): OG/J Ni°/d6?l, ~ CYa~A Trol---fir - --
P~~t CLh n uJ
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Comprehensive Plan Future Land Use Map Designation: M% ~~ r>f-e -~.eA~bnad Size of Property:
Design Guidelines Development Context: /t_r an /Sudurbu.n
Proposed Use: Proposed Zoning:
Existing Use: va «t f~nde re ~e Existing Zoning:
Surrounding Uses:
Street Buffer(s) andlor Land Use Buffer(s):
Open SpacelAmenitieslPathways:
Access/Stub StreetslStreet System:
Sewer & Water Service:
History:
~~i~~J 1~7~rreP~ /~-rl cSh.6z~lc/ C.6r1~/y ~,// fJDG S~-nd~rdJ.
Other Agencies/Departments to Contact:
^ Ada County Highway District
^ Idaho Transportation Department
^ Sanitary Services Company
^ Central District Health Department
Application(s) Required:
^ Administrative Design Review
^ Alternative Compliance
^ Annexation
^ City Council Review
^ Comprehensive Plan Amendment- Map
^ Comprehensive Plan Amendment -Text
^ Nampa Meridian Irrigation District
^ Settler's Irrigation District
^ Police Department
^ Fire Department
^ Conditional Use Permit ModificationlTransfer
®Development Agreement Modification
^ Final Plat
^ Final Plat Modification
^ Planned Unit Development
^ Preliminary Plat
^ Public Works Department
^ Building Department
^ Parks Department
^ Other:
^ Short Plat
^ Time Extension -Council
^ UDC Text Amendment
^ Vacation
^ Variance
^ Other
^ Conditional Use Permit ^ Private Street
Notes: 1) Applicants are required fo hold a neighborhood meef~r ~ accord with UDC 11-5A-5C prior fo submittal of an application
requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the
site with a public hearing notice in accord with UDC 11-5A-5D.3 (except for UDC Text amendments, Comp Plan text amendments, and
vacations). The in orma ion prove a uring this meeting is based on current UDC requirements and the Comprehensive Plan. Any
subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be
valid for four (4) months.
Topography/HydrologylFloodplain Issues:
Canals/Ditches/Irrigation/Hazards:
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11-SA-SD, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
Applicant/agent signature
02 -/~ -//
Date
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Meridian CenterCal, LLC, Owner/Developer
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this
Agreement), is made and entered into this day of 20 l l tom, by and
between City of Meridian, a municipal corporation of the State of Idaho, hereafter called City,
and Meridian CenterCal, LLC, whose address is 7455 S.W. Bridgeport Road, Suite 205, Tigard,
Oregon 97224, hereinafter called Owner/Developer.
RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho, described
and illustrated in Exhibit "A" which is attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter referred to
as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by
ordinance, require or permit as a condition of re-zoning that
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment
of Section 11-SB-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, Owner/Developer submitted an application for annexation
and zoning of the Property requesting a designation of zoning district C-
G, General Retail and Service Commercial District, under the UDC and
generally describing how the Property will be developed and what
improvements will be made (as generally depicted on the Conceptual
Site Plan attached hereto as Exhibit "B").
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
AMENDED AND RES"CA"TED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 1 OF 28
before the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning &
Zoning Commission, and subsequently before the City Council, include
responses of government subdivisions providing services within the City
of Meridian planning jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, City Council, on the 22°d day of January, 2008, has
approved certain Findings of Fact and Conclusions of Law and Decision
and Order (the Findings); and
1.8 WHEREAS, the Findings require Owner/Developer to enter into a
development agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with
the terms and conditions of this development agreement, herein being
established as a result of evidence received by City in the proceedings
for zoning designation from government subdivisions providing services
within the planning jurisdiction and from affected property owners and
to ensure re-zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in the UDC, Title 11; and-
1.11 WHEREAS City and Owner/Developer entered into a development
agreement that was recorded on December 9, 2008 in the real property
records of Ada County as Instrument No. 108131103 ("Original
Development Agreement"); and
1.12 WHEREAS, Owner/Developer submitted an application for
Development Agreement Modification, and following a public hearing
City Council approved such application, resulting in this Agreement.
AMENDED AND RES"DATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 2 OF 28
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided
for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of law
of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian,
Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers Meridian CenterCal, LLC,
whose address is 7455 S.W. Bridgeport Road, Suite 205, Tigard, Oregon
97224, the party that owns and is developing said Property and shall
include any subsequent owner(s) or developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain real property located in
the County of Ada, City of Meridian described and illustrated in Exhibit
"A", attached hereto and by this reference incorporated herein as if set
forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest
the right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement include those uses allowed
in the approved C-G zone as indicated in the table attached as Exhibit
"C" (excerpted from the UDC as it existsed on the date of the Original is
Development Agreement). Any uses added to the applicable zone by
any amendment since the date of the Original Development Agreement
or by any future amendment to the UDC shall be allowed on the
Property.
4.2 Owner/Developer shall develop the Property generally in accordance
with the Conceptual Site Plan in Exhibit "B", as it may be modified
from time to time, and with the conditions set forth in Section 5 herein,
unless otherwise modified by this Agreement. The parties acknowledge
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 3 OF 28
that the Conceptual Site Plan is conceptual, reflects early stage planning,
and involves a large project with dynamic components. Consistent with
the Findings, this Agreement affords Owner/Developer the flexibility to
tailor the particular distribution and configuration of uses to meet actual
market demand at the time of development, so long as the development
is generally consistent with the Conceptual Site Plan.
A. In determining consistency with the Conceptual Site Plan, the
Planning Director may allow a plus or minus 20% change in
square footage for any building or collection of buildings. The
Planning Director has the discretion to allow a change in excess
of 20% where Owner/Developer supplies adequate data to
demonstrate the change does not increase transportation impacts
or impacts on adjacent uses beyond the levels contemplated with
the Conceptual Site Plan.
B. Relocation and reconfiguration of buildings shall be allowed
provided that the impact to adjacent properties remains the same
or is less than that depicted on the Conceptual Site Plan and
provided that the integrity of the Conceptual Site Plan remains
substantially equal or better. For example, the buildings that
form a central plaza may be relocated if the plaza amenity is
substantially equal or better in size or character than originally
depicted.
4.3 If an amended Conceptual Site Plan does not meet the requirements of
Section 4.2, then Owner/Developer maybe required to get City Council
approval of a modification to this Agreement for a new conceptual site
plan.
4.4 Owner/Developer shall provide the Planning Director with any updates
to the Conceptual Site Plan as available and updated from time to time
as the Conceptual Site Plan is modified by the Owner/Developer as
provided herein. The Planning Director shall keep the current version of
the Conceptual Site Plan on file and available to the public.
4.5 The Property and any additional adjacent property as may be acquired by
the Owner/Developer in the future shall be governed by this Agreement.
The Findings that have been approved by the City Council have been
incorporated into this Agreement.
AMENDED .AND RES"CA"CED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 4 OF 28
5. CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY:
Owner/Developer shall develop the Property in accordance with the following special
conditions. This list of special conditions is intended to include all conditions and requirements
applicable to the Property as a condition of annexation and zoning.
5.1 All structures on the site shall be subject to Administrative Design
Review in accordance with the ++„'standards set forth in Exhibit
"E" (quoted from UDC § 11-3A-19r ~~~' " = " ' ~'-' as it exists on the
date of this Agreement, except that~i) parking,requirements shall be as
approved in the Original Development Agreement and as stated herein
and ii internal buildings shall not be subject to the 8-foot wide
pedestrian pathway requirement from the perimeter sidewalk to the main
building entrance) and shall not be subject to subsequent amendments of
the UDC.
AMEND: !) ~U [tES1 ~~ 11:D DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 5 OF 28
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5.2 Owner/Developer currently intends to develop 200,000 square feet of
residential uses on the Property. Such residential uses may be moved to
a different location than depicted on the Conceptual Site Plan, may occur
in later phases, and may be modified to meet actual market demand at
the time of development. If the Owner/Developer chooses to remove all
of the residential from the project, they will need to obtain approval from
City Council for a modification to this Agreement. Additional vertically
integr-ated-housing shall be allowed without triggering the need for a
modification to this Agreement.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 6 OF 28
5.3 Subject to Section 4.2, the general configuration of the shops around a
plaza area(s) shown centrally on the east side of State Highway 55/Eagle
Road shall not substantially change. Amenities such as a water feature,
benches, on-street parking, vertically integrated buildings, stamped
and/or colored concrete crosswalks, and a mix of restaurants, retail,
office and should be provided consistent with this Agreement.
5.4 Across-access agreement shall be required that benefits all businesses
within the Property and the property bounded by the Property line to the
north and by Records Road to the east, unless the referenced properties
are both owned by the same owner at the time this Development
Agreement is adopted by the parties. A recorded copy of said
agreement, if required, shall be submitted to the Planning Department
prior to or concurrently with the first Certificate of Zoning Compliance
application for this site.
5.5 The applicant is required to comply with all ACHD and ITD conditions.
City will not sign off on any occupancy cards without first receiving
ACHD's signature and sign-off. All applications on the Property are
subject to ACHD's project specific comments, regardless of the type of
application (i.e. conditional use permit, certificate of zoning compliance,
etc.). No details related to access to the Property are approved with the
subject annexation and zoning approval. The proposed access locations
on the major arterials will be as approved by ACRD and ITD.
5.6 Owner/Developer shall dedicate right-of--way and improve the extension
of Records Road and E. River Valley Street in accordance with ACHD
requirements at such time as Owner/Developer develops the portion of
the project adjacent to each road, except that Owner/Developer shall not
be responsible for improving the extension of these roads or the utilities
therein if such improvements are accomplished by or through agreement
with an adjacent landowner. No certificate of occupancy shall be issued
until the road improvements are substantially completed and functional
for that phase. In the event that Records Road extends from Fairview
Avenue to Ustick Avenue, the timing with regard to constructing E.
River Valley Street may be re-evaluated by the City Council.
Additionally, Owner/Developer shall make suchright-of--way available
immediately (but without improvements) at any time the City and/or
ACHD is willing to accept the right-of--way, such as if an adjacent
property owner makes required improvements. Such right-of--way as
required herein shall be conveyed by Owner/Developer in the form of a
deed to either the City or such other jurisdictional agency upon the
request of the City. No compensation shall be required from City or
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 7 OF 28
ACHD for such right-of--way unless permitted through the STARs
legislation, Idaho Code § 63-3641 ("STARs"), as amended.
5.7 No more than seventhpercent (70%) of the off street parking area for the
structure shall be located between the front facade of the structure and
abutting streets unless the principal building(s) and/or parking is/are
screened from view by other structures, landscaping and/or
bermsvcraccar "°cuTirrurr corirpr`~oiTCrr ~r^~ °;:~:~"...j,
.ti-;rl,,.- flog..,, ~r~„rl.,.-ate ,~ ,- r rnr~ C t L2 A 1 n!''
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5.8 Consistent with Section 5.11 herein, Owner/Developer shall construct a
ten-foot (10') multi-use pathway within a public use easement and
pedestrian-level streetlights and landscaping consistent with Exhibit
.~D„
5.9 The internal circulation system for the development shall include one or
more north/south connections from Fairview Avenue generally to the
northern boundary of the Property, or completed boundary of the project
at that time. These can be public or private roads. The road should
provide a safe pedestrian route (5-foot wide sidewalk). The road should
also safely move traffic throughout the site and discourage speeding
through the parking areas. The internal circulation system may be
phased as appropriate to provide adequate access and circulation for the
structures being constructed.
5.10 Prior to Certificate of Zoning Compliance approval, Owner/Developer
shall submit a plan showing safe pedestrian routes at regular intervals
within the site. These routes should extend east/west as well as
north south. The pedestrian system may be phased as appropriate to
provide adequate pedestrian access for the structures being constructed.
5.11 Owner/Developer has offered to construct certain off-site road
improvements to Eagle Road, subject to the express condition that
Owner/Developer be allowed, on conditions acceptable to the
Owner/Developer, to obtain full reimbursement pursuant to the STARS
legislation. In the event Owner/Developer is not permitted to obtain full
reimbursement pursuant to STARS, or elects not to make such
improvements, Owner/Developer shall not be required to construct any
off-site improvements except as necessary to provide access to the
Property. This does not negate Owner/Developer's obligation to
improve the frontage of the annexation site as noted in Section 5.12.
5.12 Subject to ACHD and ITD approval, Owner/Developer shall improve
Eagle Road along the frontage of the Property generally in accordance
with the improvements shown in the attached Exhibit "D". These
improvements may include capacity improvements and any related
AMENDED AND RES"TA"TED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 8 OF 28
drainage facilities, landscaping, medians, and pedestrian-level lighting.
Where there is space in the median, Owner/Developer will work with the
City Parks Department on an appropriate planting scheme, provide
irrigation, and install the landscaping.
5.13 Owner/Developer should work with the adjacent developers to the south
(Developers Diversified) regarding their offer to share traffic and general
knowledge of the area.
6. CITY PROCESSING: The City acknowledges that, at times, this project will
place extraordinary demands on the City's staff and that prompt processing of plans and permit
requests is critical to the success of the project. The Developer will endeavor to provide
complete application containing such information as necessary to allow for the timely review
and processing of their plans. If the submittal is deemed complete or acceptable with deferral
submittals such as mechanical, electrical, plumbing, etc, the City agrees to take all reasonable
measures to allocate staff or retain third-party contractors to process plans and permit requests
related to the project so that Developer and its tenants can maintain their construction schedule.
If necessary the parties may enter into a separate agreement to collect reasonable additional fees
or contract to pay the additional expenses incurred by the City to meet the Developer's
demands. The City also agrees to designate a specific staff person to address Developer's issues
as they arise and to assist with keeping this project on schedule.
7. COMPLIANCE PERIOD: This Agreement must be fully executed within one
(1) year after the date of the p;~r~R~~~bsCity Council"s approval of the Development Agreement
Modification application or it is null and void; in such event, the Original Development
Agreement shall control.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections
and written approval of such completed improvements or portion thereof in accordance with the
terms and conditions of this Agreement and all other ordinances of City that apply to said
development.
9. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
9.1 Acts of Default. Either party's failure to substantially comply with the
terms of this Agreement shall constitute default under this Agreement.
9.2 Notice and Cure Period. In the event ofOwner/Developer's default of
this Agreement, Owner/Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action to
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 9 OF 28
correct the breach and cure the default, which action must be prosecuted
with diligence and completed within one hundred eighty (180) days;
provided, however, that in the case of any such default that cannot with
diligence be cured within such one hundred eighty (180) day period, then
the time allowed to cure such failure may be extended for such period as
maybe necessary to complete the curing of the same with diligence and
continuity.
9.3 Remedies. In the event ofdefault byOwner/Developer that is not cured
after notice as described in Section 9.2, Owner/Developer shall be
deemed to have consented to modification of this Agreement and de-
annexation and reversal of the zoning designations described herein,
solely against the offending portion of Property and upon City's
compliance with all applicable laws, ordinances and rules, including any
applicable provisions of Idaho Code §§ 67-6509 and 67-6511.
Owner/Developer reserves all rights to contest whether a default has
occurred. This Agreement shall be enforceable in the Fourth Judicial
District Court in Ada County by either City or Owner/Developer, or by
any successor or successors in title or by the assigns of the parties hereto.
Enforcement maybe sought by an appropriate action at law or in equity
to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
9.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
9.5 Waiver. A waiver by City of any default by Owner/Developer of any
one or more of the covenants or conditions hereof shall apply solely to
the default and defaults waived and shall neither bar any other rights or
remedies of City nor apply to any subsequent default of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall promptly record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer's cost, and submit proof of such recording to Owner/Developer~er~e~he
'~~~ *'~° r:*~~ ~'^~~r^~'. If for any reason after such recordation, the City Council fails to adopt the
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 10 OF 28
ordinance in connection with the annexation and zoning of the Property contemplated hereby,
City shall execute and record an appropriate instrument of release of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. SURETY OF PERFORMANCE: City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
the UDC, to insure that installation of the improvements, which Owner/Developer agrees to
provide, if required by City.
13. CERTIFICATE OF OCCUPANCY:
., ,
''° ^ ^'°*°a ~ ^'~^c°a -'°•~°'^^°a• ^„a ~ °^* rNo Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed, completed, and
accepted by City.
14. ABIDE BY ALL CITY ORDINANCES: Owner/Developer agrees to abide by
all ordinances of the City of Meridian, unless otherwise provided in this Agreement.
15. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY: OWNER/DEVELOPER:
c/o City Engineer Meridian CenterCal, LLC
City of Meridian 7455 S.W. Bridgeport Road, Ste. 205
33 E. Idaho Ave. Tigard, OR 97224
Meridian, ID 83642
with copy to: with copy to:
City Clerk Gary G. Allen
City of Meridian Givens Pursley LLP
33 E. Idaho Avenue P.O. Box 2720
Meridian, ID 83642 Boise, ID 83701
AMENDED AND RES"CA"f ED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 11 OF 28
15.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
16. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court
of competent jurisdiction. This provision shall be deemed to be a separate contract between the
parties and shall survive any default, termination or forfeiture of this Agreement.
17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a
breach of and a default under this Agreement by the other party so failing to perform.
18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on Owner/Developer so long as Owner/Developer owns the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate
and recordable evidence of termination of this Agreement if City, in its sole and reasonable
discretion, determines that Owner/Developer has fully performed its obligations under this
Agreement.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable
action or other proceeding instituted by any third party (including a governmental entity or
official) challenging the validity of any provision of this Agreement, the parties hereby agree to
cooperate in defending such action or proceeding.
21. INVALID PROVISION: If any provision of this Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained
herein.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 12 OF 28
22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between Owner/Developer and City, other than as are
stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in
full including all text information in the Exhibits. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this Agreement shall be binding upon
the parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
22.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date approved by the Meridian City Council ~',^" ~~'^^+ *'~° ^ °„,a,Y,°^* +^ +',° ""°ria;°^
[End of text; Signatures with Acknowledgements and Exhibits A-BE follow]
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 13 OF 28
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNERS/DEVELOPER
MERIDIAN CENTERCAL, LLC
By:
ATTEST:
By:
CITY OF MERIDIAN
MAYOR TAMMY de WEERD
JAYCEE HOLMAN, CITY CLERK
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 14 OF 28
STATE OF IDAHO, )
): ss
County of Ada, )
On this day of 2E~h~2011, before me, the
undersigned, a Notary Public in and for said State, personally appeared
known or identified to me to be the
of Meridian CenterCal, LLC, and acknowledged to me that he executed
the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
): ss
County of Ada )
On this day of ,'2011, before me, a Notary
Public, personally appeared Tammy de Weerd and Jaycee Holman, know or identified to me to
be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument
of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL) Notary Public for Idaho
Residing at:
Commission expires:
AMENDED AND RES"CA"I'ED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE IS OF 28
EXHIBIT A
Property Legal Description and Depiction
~®
D E S I G N I N G.
may.,,,
~'~"~7 _
of Near ?Sroella
' fir Moridh~ Ca~Mreal, LLC
,lor Nh. ti0'T7070.N
i
A parcel of land situated in the southwest quarter of Section 4, Township 3 North, Range 1
East, Boix Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at a brass cap marking the southwest corner of Section 4, TowtESltip 3 North,
Range 1 East, Boix Meridian;
PLANNI°N° Thence N00°10'43"E, 2618.49 feet along the west line of the southwest quarter to a brass
cap marking the west quarter-section corner of Section 4;
Thence N89°S1'0.1"E, 70.00 feet abng the north lino of the southwest garter to a brass cap
on the eastright-of--way line of North Eagle Road, the POINT OF BEGINNING:
~,",~ Thence N89°S 1'Ol "E, 1237.95 feet along the north line of the west half of the
EN°iNl[N~N° southwest quarter of Section 4;
,.
Thence S00°08'SO"W, 182.63 feet;
Thence 16.85 feat on a curve to the right, having a radius of S 11.67 feet, a central
,,,~„ ,«,~`„~ ! angle of 1°53' 12", a chord bearing of SOl°05'26"W, and a chord length of 16.85
feet;
Thence S02°02'02"W, 720.47 foal;
LAND Thence 381.38 feet 011 a curve t0 the kR, having a radius of 488.33 feet, a central
S"""`", angle of 44°44'49", a chord bearing of 520°20'22"E, and a chord length of 371.76
feet;
Thence N89a49' 17"W, 1344.74 fcet to the east right-of-way line of North Fagle
r Road;
~ Thence N00°10'43"E, 1260.63 feet alotsgihe east right-of--way line of North Eagle
~.~ Road to the POINT OF BEGINNING.
~
7%~~ The above-described parcel contains 35.85 acres, more or less.
f ~ Subject to any existing easements or ri f- of record or t.
S. 8~ ~Y
1173EastWMAingCrnkDlWe
Eagle, ID
83878
PH 2081248.6300
FI( 208/218.8320
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AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 16 OF 28
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AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 17 OF 28
®®®
D E S I G N I N C.
..~~""~[7 ~plil~l0~
of New Psmsl lb
tos Mssl~srt Cestaresl, LLC '
Jeb No. f077~79.0~
j A parcel of land situated in the southwest quatter of Section 4, Township 3~North, Range 1
East, Boise Meridian, Ada County, Idaho, being more particularly described as folknvs:
® Commencing at a brass cap marking the southwest corner of Section 4, Township 3 North,
R
a
~
e
I East, Boise Meridian;
LAND
°`A""~"° {
.
,
~~
Thence 589°46' 17"E, 2023.23 feet along the south li~of the southwest quarter;
Thence N00°13'43"E, 32.81 feet to the north right-of--way line of East Fairview Avenue, the
POINT OF BEGINNING:
Thence N89°39'29"W, ?77.49 feet along the north right-of--way line of East Fairview
~~~~~
NO1N[CNIND
e
Avenue to a S!8 inch rebat;
. _ ' ~ Thence S00°00'31 "W, 5.00 feet along the north right-of-way line of East Fairview
Avenue to a S/8 inch rebar, ,
'
°
"
3
Thence N89
39
29
W, 6
1.00 feet abng the north right-of--way line of East Fairview
LAND[°,,.[
w[cNirecru[[ Avenue to a S/8 inch rebar,
Thence N00°00'31 "E, 10.00 feat along the north right-of--way line of East Fairview
Avenue to a S/8 inch rebar,
LAND Thence N89°39'29"W, 83.91 feet abng the north right-Of--way litx of East Fairview
g°"~[~ Avenue to a S/8 inch rebar,
Thence N83°18'SZ"W, 122.64 fret abng the north rigl~-of-way line of Fast Fairvievr
Avenue to a S'/8 inch rebar,
° i Thence N89°59'29"W, 217.31 feet abng the north riglrl-of-way line of East Fairview
~ Avenue to a S/8 inch caber,
Thence N37°25'03"W, 129.24 feet akxig the north right-of--way lice of East Fairview
Avenue to a buss cap on the east right-of--way line of North Eagle Road;
v
~
o f t0
Thence N00°10'43"E, 637.33 feet alon the east ri y Eagls
g ght-of-wa line of North
~. a Road to a brava cap;
7173 East Em~ngDCreeN Drive Thence N02°06'43"W, 230.20 fcet along the east right-ofway line of NorU~ Eagle
83616 Road t0 a brass Cap; ,
PH 208/246.8300
FX 208/248.8320 ~
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AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 18 OF 28
New Parcel l b continued...
Thence N00°10'43"E, 272.29 feet along the east right-of--way line of Nordt Eagk
Road to a S/8 inch rebar on the south line of the north half of the west half of the
southwest quarter,
Thence N00°10'43"E, 48.74 feet abng the east right-of--way line of North Eagle
Road;
Thence 389°49' 1 ?"E, 1344.74 feet;
Thence 16.69 feet oa anon-tangent curve to the left, concave easterly, having a
radius of 488.33 feet, a central angle of 1 °57'31 ", a chord bearing of S43°41'33"E,
acrd a chord length of 16.69 feet;
Thence 544°40' 18"E, 649.89 feet;
Thence 118.21 feet on a curve to the right, having a radius of S 11.67 feet, a central
angle of 13° 14' 13", a chord bearing of S38°03' 12"E, and a chord length of 117.95 ;
feet;
Thence N89°59'29"W,13.73 feet;
Tl-rnce 281.58 feet on anon-tangent curve to the right, concave westerly, having a
radius of 500.00 feet, a central angle of 32°15'58", a chord bearing of S16°07'22"E,
and a chord length of 277.87 feet;
Thence S00°00'37"W, 475.04 feet to the POINT OF BEGINNING.
The above-described parcel contains 53.94 acres, more or less:
Subject to any existing easements of rights~of--way of record ~ apparent.
Page. 2 of 2
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 19 OF 28
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AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 20 OF 28
EXHIBIT B
Conceptual Site Plan
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER - MERIDIAN CENTERCAL
PAGE 21 OF 28
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AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 22 OF 28
EXHIBIT C
Use Tables
Use C-G
Animal care facilityl P
Artist studios P
Arts, entertainment or recreation facility, indoors P
Arts, entertainment or recreation facility, outdoor stage or music venue C
Arts, entertainment or recreation facility, outdoorsy P
Building material, garden equipment and supplies' P
Cemeterys -
Church or place of religious worships P
Civic, social or fraternal organizations C
Daycare centers A/C
Daycare, familys A
Daycare, groups A
Drinking establishments C
Drive-through establishments A/C
Education institution, privates P
Education institution, publics P
Equipment rental, sales, and services C
Financial institutions P
Flex spaces P
Fuel sales facilityl P
Fuel sales facility, truck stops C
Healthcare or social services P
Hospitals C
Hotel and motels P/C
Industry, informations P
Industry, lights C
Laundromats P
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 23 OF 28
Use C-G
Laundry and dry cleaning P
Mortuary P
Multi-family development C
Nursery or urban farms P
Nursing or residential care facility' -
Parking facility P
Parks, public and private P
Personal or professional service P
Public, infrastructure C
Public or quasi-public use' P
Public utility, minor P
Recreational vehicle park P
Restaurant P
Retail store P
Storage facility, outside' A
Storage facility, self-services C
Temporary use A
Vehicle repair, minors P
Vehicle sales or rental and services P
Vehicle washing facilitys P
Vertical integrated residential projects P
Warehouses A
Wholesale sales A
Wireless communication facilitys P/C
Wireless communication facility, amateur radio antenna A
Note:
1. Indicates uses that are subject to specific use standards in accord with chapter 4 of the
UDC.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 24 OF 28
EXHIBIT D
Visual Depiction of Roadway Improvements
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER - MERIDIAN CENTERCAL
PAGE 25 OF 28
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AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER - MERIDIAN CENTERCAL
PAGE 26 OF 28
EXHIBIT E
Administrative Design Review Standards
A. The following minimum standards shall apply in addition to the detailed guidelines as
set forth in the "City Of Meridian Desi~ Manual":
1. Architectural Character:
a. Facades: Building facades visible from a public street or public space shall
incorporate modulations in the facade, including, but not limited to, projections,
recesses, and step backs that articulate wall planes and break up building mass.
Facades shall be modulated and articulated in accord with the "City Of Meridian
Design Manual".
b. Primary Entrance(s): 'The primary building entrance(s) shall be clearly defined by the
architectural design of the building,
c. Rooflines: Roof design s~provide variations in profile through modulation and/or
articulation in accord with the "City Of Meridian Design Manual", including, but not
limited to, the following: 1) overhanging eaves; 2Loped roofs; 3) two 2) or more
roof planes; 4) varying_parapet heights; and 5) cornices.
d. Pattern Variations: Architectural building design shall not create blank wall
segments along public streets and/or adjacent public spaces. Architectural elements,
including, but not limited to, windows, awnings and arcades, shall have color,
texture and/or materials to mitigate blank walls.
e. Mechanical Equipment: All ground level mechanical equipment shall be screened to
the height of the unit as viewed from the property line. All rooftop mechanical
equipment shall be screened as viewed from the farthest edge of the adjoining right
of way.
2. Materials:
a. Exterior building designs shall demonstrate the appearance and use of high quality
materials, including, but not limited to, stone, brick, wood or other natural materials,
tinted or textured masonry block, textured or architecturally detailed concrete panels,
or stucco or stuccolike synthetic materials.
b. Smooth faced concrete block, prefabricated steel panels, and/or vinyl are Qrohibited
as finish materials but maybe approved as accent materials in accord with the "Gifu
Of Meridian Design Manual".
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -.MERIDIAN CENTERCAL
PAGE 27 OF 28
c. Untextured concrete panels aze prohibited as finish and/or accent materials. (Ord. 09-
1394, 3-3-2009, eff. retroactive to 2-4-2009)
3. Parkin Lg ots: [omittedl
4. Pedestrian Walkways:
a. Lomittedl
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. Unobstructed walkways at least five feet (5') in width shall be provided for any aisle
length that is greater than one hundred fifty (150~parking spaces or two hundred feet
X200') away from the primary buildin entrance ,sue.
d. The walkways shall have weather protection (including, but not limited to, an awning
or arcade) within twenty feet (20') of all customer entrances.
B. Alternative Compliance: If 1) the location of existing_buildings or structures prevents
conformance with the standazds of this section and/or the guidelines of the "City Of
Meridian Design Manual" or 2) strict adherence to such standards and/or guidelines
would create inconsistency in the design objectives of the proposed development, the
director may consider an alternative design proposal through the alternative
compliance provisions as set forth in section 11-SB-5 of this title. The director may
approve, or recommend approval of, such an alternative compliance proposal when
the overall design as proposed b. the applicant, meets or exceeds the intent and the
requirements of this section and the "City Of Meridian Design Manual" and is not
detrimental to~ublic health, safety, and welfare. (Ord. 09-1394, 3-3-2009, eff.
retroactive to 2-4-2009)
AMENDED AND RESTATED DEVELOPMENT AGREEMENT (AZ 07-012)
MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL
PAGE 28 OF 28
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