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CenterCal MDA-11-002CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN ~J In the Matter of the Request for a Modification to the Development Agreement for the CenterCal portion of Meridian Town Center Property, Located on the Northeast Corner of E. Fairview Avenue and N. Eagle Road, by Meridian CenterCal, LLC. Case No(s). MDA-11-002 For the City Council Hearing Date of: Apri15, 2011 (Findings on Apri119, 2011) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri15, 2011, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri15, 2011, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of Apri15, 2011, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri15, 2011, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-11-002 -1- 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 Conditions of Approval all in the attached Staff Report for the hearing date of April 5, 2011, 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 request for a modification to the development agreement (Instrument No. 108131103) is hereby approved per the changes noted in Exhibit A.5 of the attached Staff Report for the hearing date of Apri15, 2011, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The amended development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting the modification (UDC 11-SB-3D). A modification to the development agreement maybe initiated prior to signature of the agreement by all parties and/or maybe requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two year approval period (UDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the -final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which maybe adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of Apri15, 2011. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-I 1-002 -2- By action of the City Council at its regular meeting held on the 2011. COUNCIL PRESIDENT DAVID ZAREMBA COUNCIL VICE PRESIDENT BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BHZD MAYOR TAMMY de WEERD (TIE BREAKER) ~~ day of ~~pr, ~~ VOTED~,~ VOTED VOTED VOTED VOTED ~--- ~,~ ~`~ ~ " `~~ `~ ' V : h ~yor Ta de Weerd `~ i. ~ ~:~, - ~ t Attest: ~ f*r ~`~~~ ~~~~ ., _ ~S~ F¢~r., ~,.,~ Y" .,. 1 Ja ee o , n, ~ ~ k ..~. Copy served upon Applicant, The Planning Department, Public Works Department and Cit Attorne . Y y a • B y• Dated: -'~~'' City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-11-002 -3- EXHIBIT A STAFF REPORT Hearing Date: Apri15, 2011 TO: Mayor & City Council E IDIAN FROM: Sonya Watters, Associate City Planner I D A H O 208-884-5533 SUBJECT: MDA-11-002 -Meridian Town Center (CenterCal Property) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Meridian CenterCal, LLC, requests approval to modify the development agreement (MDA) (Instrument No. 108131103) for the CenterCal portion of Meridian Town Center to include a new conceptual development plan and changes to the text of the agreement. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA with the amended concept plan and provisions listed in Exhibit A. ~_ Summary o f City Council Public Hearing: y In favo r: Cram Trottier. CenterCal Properties 11. In oRno sition: None ju. Comme nNnp: Keith Crownover lYz Written testimony: Deborah Nelson y. taff ur esentin~ annlica6on: Sonya Watters Yl. Other s taff commenting on annlication: None ~, ev I ue of Di cu cion by ounc'l: i, Status o f the dedication of right-of--way for Records Road to ACHD: ji, Design of the rear of the Hower center nronosed on the north end of the nronerty in ation to the nronosed residential nronerty: jji. imin~ for the construction of E. River Valley Road ~, Key Counc il Changes to Staff/Commission Recommendation 1. At the a nnlicant's reauest and Staffls recommendation the Council sunroved the reauest to modi fy Section 7 of the DA as shown in Exhibit A.S. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number MDA-11-002 as presented in the staff report for the hearing date of April 5, 2011, with the following modifications: (Add any proposed modifications.) Ifurther move to direct Legal Department Staff to prepare an amended Development Agreement for this property that reflects the changes noted in Exhibit A. Denial After considering all staff, applicant and public testimony, I move to deny MDA-11-002 as presented during the hearing on Apri15, 2011, for the following reasons: (You should state specific reasons for denial.) EXHIBIT A Continuance I move to continue File Number MDA-11-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the northeast corner of E. Fairview Avenue & N. Eagle Road, in the southwest '/ of Section 4, Township 3N., Range 1 E. B. Owner(s): Meridian CenterCal, LLC 42 N. 650 West Farmington, UT 84025 C. Applicant: Same as owner D. Representative: Deborah Nelson, Givens Pursley, LLP 601 W. Bannock Street, Boise, ID 83702 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 14, and 28, 2011 C. Radius notices mailed to properties within 300 feet on: March 10, 2011 D. Applicant posted notice on site by: March 12, 2011 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is vacant and lies within the C-G (General Retail & Service Commercial) zoning district. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential property zoned RUT in Ada County & vacant land approved for apartments, zoned R-40 2. East: Vacant property conceptually approved for multi-family residential & office uses, zoned C-G; and Kleiner Memorial Park in the development process, zoned C-G 3. South: Retail uses in Crossroads Shopping Center, zoned C-G 4. West: Vacant land conceptually approved for office & retail uses, zoned C-G C. History of Previous Actions: • The subject property is one of three properties included in the Meridian Town Center annexation (AZ-07-012). The subject property is governed under development agreement Instrument No. 108131103. At the time of the annexation hearing, the northern portion of the site was within the EXHIBIT A Kleiner Family Trust ownership Instrument No. 109009630. • A variance (VAR-07-017) 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 mile mark between section line roads was approved by City Council on February 19, 2008. Two right-in/right-out access points and one right-in/right-out/left-in access points are allowed for access to/from the site via SH 55/Eagle Road. D. Utilities: 1. Public Works: No concerns E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. Flood Plain: This property does not lie within the floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use -Regional" (MU-R) on the Comprehensive Plan Future Land Use Map. The purpose of this category is to designate areas at prominent corners of major arterials for developments that provide a mix of employment, retail, and residential or public uses. The developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The subject 90+/- acre property, zoned C-G, along Eagle Road, a major arterial street, is proposed to provide a mix of employment, retail, and residential uses consistent with the MU-R designation as shown on the conceptual development plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement: Per UDC 11-2B-1, 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. B. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists uses that are principal permitted uses, conditional uses, and prohibited uses in the C-G zoning district. No specific uses are proposed at this time. The conceptual development plan depicts retail, office, and multi-family residential uses; retail & office uses are principally permitted in the C-G district and multi-family developments require conditional use permit approval. Specific Use Standards (UDC 11-4-3-27) apply to multi-family developments. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is for a modification to the Development Agreement (DA) for CenterCal. The proposed modification includes a new conceptual development plan and changes to the text of the recorded agreement. The existing plan depicts 209,250 square feet (s.£) of residential area; 135,899 s.f. of office area; and 973,775 s.f. of retail area for a gross building area of 1,318,825 s.f. on 88 +/- acres of land. Note: When the original DA and concept plan was approved at the annexation hearing, CenterCal did not own the EXHIBIT A northern portion of the property, now they do. We have reviewed the DA in place for the northern portion for relevant provisions. The only applicable provision is as follows: `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 Staffprior to development of the North Parcel. Owner shall sign a cross access agreement with Bach Homes allowing Bach access to River Valley Road. " Stafffeels that the DA modification and concept plan meet the intent of this provision. Furthermore, at the time of annexation, the applicant was considering purchase of this property and staff included appropriate provisions with the CenterCal DA. To accommodate market changes, the concept plan has been modified to include amixed-use lifestyle center, a retail center, and a residential area. The new concept plan depicts retail -between 532,986 and 974,000 s.£; office -between 43,500 and 136,000 s.f.; and residential -between 140 and of 175 units. Staff has performed an initial review of the proposed conceptual development plan and finds the layout of the site should be modified to include at a minimum, the following items: additional landscaped planter islands within parking areas consistent with UDC 11-3B-8C; and internal pedestrian walkways consistent with UDC 11-3A-19A.4 and DA provisions 5.9 and 5.10. A detailed review of the site for compliance with UDC standards & administrative design standards contained within this proposed amended DA, and guidelines contained in the Meridian Design Manual will be performed at the time of Conditional Use Permit and/or Certificate of Zoning Compliance application. The applicant's proposed changes to the DA are included in Exhibit A. Staff's recommendation/analysis is included in blue italicized text after that proposed by the applicant. In summary, staff is of the opinion that the proposed amendments are in keeping with the spirit and intent of the original development agreement and recommends approval of the proposed modification. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Previously Approved Conceptual Development Plan (dated: 9/27/07) 3. Proposed Conceptual Development Plan (dated: 2/8/11) 4. Administrative Design Review Standards -Proposed by Applicant as Exhibit E of the DA 5. Applicant Proposed & Staff Recommended Changes to Development Agreement EXHIBIT A Exhibit A.1: Vicinity Map ~~~_. ~ W w ~, ~, r EXHIBIT A Exhibit A.2: Previously Approved Conceptual Development Plan (dated: 9/27/07) .~„ Rt ~Gf Mi9OI1 S ~plb1 PiLQ,IECT 8U n~~te ~ i Pr+~r sire atrc-c ~ULDliC. A AIICl10 st10t+! ~: 7IITALFEi OPT1Q ICE TC7TAL C#K PAt~Y~B C 8TAl~ OK8i1 ~~ PANIQ~i R a.GM f l100R ARI na+M PA 60 A ._._. ~.,;~,~ ~fN~k~i#HD ~ ,.~. ail ~ i , T__.~ -___ __ ~ - 6-------- - _..._._ _ . _ _.. - -__ . f ~ Exhibit EXHIBIT A A.3: Proposed Conceptual Development Plan (dated: 2/8/11) aG MERIDIAN TOWN CENTER CE"~TTEi~t'1L ~,~~i~iA~. i~n~ic w.. I I,.. '.... v . 5.'.I'!'l>~'": ~ f f tvsl t: tJW atl LiY fe7~+pl •tllrv Nf+wl 9].M15f f11.Od0 SF n=K:r a.!aoir ~ae.ooc~r N'~"FJRvN~: ;tl'.MYI' 1T :1NIf5 SIF PI. F!J FXMEI?"A" FrAL: I LI Ll 1J `~ I N ~~~ EXHIBIT A Exhibit A.4: Applicant Proposed & Staff Recommended Changes to Development Agreement Applicant's proposed changes are noted in black strike-oi~t/bold/underline formut; staff's reconznzended changes are noted in italicized blue strike-out/hold/underline format. Staff has included all of sections 4 and S including the portions not proposed to change (shown in regl.~lar type) for Council 's benefit. SECTION 1 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. Staff recommends appro~~al of the proposed changes. SECTION 4 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 existed on the date of the Original 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. Staff recommends (n~ith the concurrence of the applicant) this section be modified as follows, "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 existed on the date of the Agreement) for a period not to exceed seven (7) years from the date of this agreement. uses At the end of the seven (7) year period, the allowed uses shall be those allowed in the C-G zone as indicated in UDC Table 11-2B-2 Allowed Uses in the Commercial Districts in effect at the time of development." 4.2 Owner/Developer shall develop the Property generally in accordance with the Conceptual Site Plan in Exhibit `B", as it may be modified from time to time, and with the conditions set forth in Section 5 herein, unless otherwise modified by this Agreement. The parties acknowledge that the Conceptual Site Plan is conceptual, reflects early stage planning, and involves a large project with dynamic components. Consistent with the Findings, this 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 EXHIBIT A 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 maybe 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. SECTION 5 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 }fig standards set forth in Exhibit "E" (quoted from UDC § 11-3A-19 °~a " ' " ' °i' as it exists on the date of this Agreement, except that (i) parldng 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. /-~ ot,.Ua,.va~. ,,.r /x/10/_1 „!'*Z.., 1,.,~,.+Z. „~'r l... ~ ,,..,,1.,_ 0 i i i ~~]]~_ ~Q`l:T: ~ r > > nfn n~.. T. EXHIBIT A ~r...,~r.,,.~~ 1,.,,.,J~l....,;,,.l. ,.,,rl~.,,. 1..,,.,~,.~ ~ . r rr rr ~~ , The applicant proposes the design standards he stricken from this section and added as an exhibit in the DA instead. The design standards proposed to he stricken were in effect at the time the original DA was approved; since that time, the standards have changed. The applicant proposes to update the standards in accord with current standards except for provision #3 in which previous parking lot standards are proposed to apply, and provision #4.a which is proposed to not be applicable as stated in the original DA. Staff is amenable to this request; however, staffprefers the standards be included above in section S.1 rather than as a separate exhihit. Staff recommends (with the concurrence of the applicant) the above paragraph be modified to add a sunset clause and to simplify the ac~iministration of this DA by listing the relevant standards. Applicable provisions and standards would be as follons: "For a period not to exceed seven (7) years from the date of recording of this agreement, development of the site and x-1-1 construction of structures on the site shall be subject to Administrative Design Review in accordance with the following standards °+°r ~;a°~~~~"~ *° *'~° ~~ ~ ~..,:'a;.,,. °~,*~~~,~°` and shall not be subject to subsequent amendments of the UDC. At the end of the seven (7) year period, all structures and site development shall be subject to all the applicable standards and provisions in effect at the time of development." A. The following minimum standards shall apply in addition to the detailed guidelines as set forth in the "City Of Meridian Design 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 shall provide variations in profile through modulation and/or articulation in accord with the "City Of Meridian Design Manual", including, but not EXHIBIT A limited to, the following: 1) overhanging eaves; 2) sloped 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 alongpublic 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 prohibited as finish materials but may be approved as accent materials in accord with the "City Of Meridian Design Manual". c. Untextured concrete panels are prohibited as finish and/or accent materials. (Ord. 09- 1394, 3-3-2009, eff. retroactive to 2-4-2009) 3. Parking Lots: No more than seventy percent (70%) of the off street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. 4. Pedestrian Walkways: a. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. b. 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 (200') away from the primary building entrance(s). c. 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 standards 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 by 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 public health, safety, and welfare. (Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4-2009) EXHIBIT A 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, tnay 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 -°~*~~~"~• ~~*°•~~~*°~' housing shall be allowed without triggering the need for a modification to this Agreement. Stu/J~recunnnends a/~prm~crl uJ~lhe /~~ro/~nsed change. 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 ACHD 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 such right-of-way available immediately (but without improvements) at any time the City and/or ACHD is willing to accept the right-of-way, such as if an adjacent property owner makes required improvements. Such right-of-way as required herein shall 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 ACHD for such right-of--way unless permitted through the STARs legislation, Idaho Code § 63-3641 ("STARs"), as amended. 5.7 ~-~9~ No more than seventy percent (70%) of the off street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. IhL~~ r.ti thc~ UDC rrquirement that tii~ati in e>fect ut !hc tine the original DA n~as approved. Subsequent to the uppro>>al the standard was changed.fi~om 7U% to 50%. Staf~'recomrr~cnds approval of the proposed parking standard; howe~~er, recommends it be inchrded in the desigm standards in Section S.1 as shown EXHIBIT A above. Therefore, staff reconzniends provision 5.7 is stricken in its entirety. Section 7 COMPLIANCE PERIOD: This Agreement must be fully executed within one (1) year after the date of the ~g~ City Council's approval of the Development Agreement Modification application or it is null and void; in such event, the Original Development Agreement shall control. Stafj~recnmmcnds thc~ c~~mpliancc~ period he c~Tfcrji~~eJi•~nn thc~ dn~c~ o~~Flndings us originally written with the addition of the latter portion as requested by the applicur~t us /olloxs: "COMPLIANCE PERIOD: This Agreement must be fully executed within ~e-f-1-~ two 2 years after the date of the Findings for the development agreement modification application or it is null and void; in such event, the Original Development Agreement shall control." Section 10 REQUIREMENT FOR RECORDATION: City shall promptly record either a memorandum of this Agreement or this Agreement, including all Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, ^r*'~° n..^~°~*~~'~~~ *'~° r:*~~ r'^•~~°~'. If for any reason after such recordation, the City Council fails to adopt the ordinance in coimection with the annexation and zoning of the Property contemplated hereby, City shall execute and record an appropriate instrument of release of this Agreement. The annexation ordinance for this property, referenced in the last sentence, has already been adopted. Therefore, Staff recornn~ends this section me modified as follows, "REQUIREMENT FOR RECORDATION: City shall promptly record either a memorandum of this Agreement or this A€~reement, including all Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, ~r;^r *^'''°'~:~a ~°.,a:., . ~€~ .,.....,..~...,........ ~.,....-~ ~- ---., ...,r.,.., ...,....,.._Y.~..... -------~, ----~ ~------ -------- ----- ----- ---- --.-r--.--- -- Section 13 (page 11) CERTIFICATE OF OCCUPANCY• r' ~'-' ' ~ *~~* ~ r°..,:~:,..,+°~ rn°,.,,,,~.,~ •;;>> i.° ~i-c~v ccrcrrrcarc~ vroc....t...,,.. j' ., ~,., No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by City. Staff recommends approval of the proposed change. Section 23 (page 13) EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date approved by the Meridian City Council ' " a + '" a + * *"° ra°,-:a:~., "'o: ing r'rai::u::ce i„ .,~,,,.~~':^^ ..::''~ '''° [End of text; Signatures with Acknowledgements and Exhibits A-D follow] Staff recommends approval of the proposed changes. EXHIBITS A, C, AND D EXHIBIT A Nn changes are proposed to exhibits A, C and D by the applicant, nor arc any changes proposed by Staff. Staff recomrnends including the exhibits in the modified DA to simplify implementation of these provisions. EXHIBIT B The applicant requests the conceptual site plan (dated 9/27/07) shown in Exhibit B of the DA be replaced with the proposed plan (dated 2/8/11) shown in Exhibit A.3 of this report. Staff recornn~iends approval of the proposed change. EXHIBIT E The applicant requested a new exhibit be added containing current design standards taken from UDC. .a.c r~~~tc~d pre~~iui~sly, ~S'tcrff bclic~vc~s it is hc~.~~l to .cinrplifi~ in~p/c~merrtuti~n o~~thi.~~ U~1 h.vJc~Idiug the de.ti~igrr standards into the text o~`thc DA provisions ~°uther than us ar7 crppc~ndi.~.