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Application
• • ~~E IDIAN~-- IDAMO TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy 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: September 27, 2011 Transmittal Date: September 7, 2011 File No.: TEC 11-006 Hearing Date: October 4, 2011 Request: Public Hearing -Two (2) Year Time Extension on the preliminary plat and conditional use permit for the Shops at Victory By: DMG -Eagle & Victory, LLC Location of Property or Project: 3210 S. Eagle Road Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No 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 (NovaR,vnc, 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) QWest (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 E IDIAN~-- IDAHO • Planning Department COMMISSION & COUNCII. REVIEW APPLIC ~~' Type of Review Requested (check all that apply) ~ ~ ~ ~ ^ Alternative Compliance ^ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment STAFF USE ONLY: ^ Conditional Use Permit ^ Conditional Use Permit Modification File number(s): ?L~ l l -oo to ^ Design Review ^ Final Plat ^ Final Plat Modification ~o~~ nom' S~°~ s ~ v~ ~~ ~ ^ Planned Unit Development Date filed: 8 ~ 'll Date complete: °~` 'l -tl ^ Preliminary Plat ^ Private Street Assigned Planner: Sa~ny ~.. utx..-1--1-~ r t ^ Rezone Related files: PP - O $- oo to ; GtJP- Og-O II ~ ^ Short plat ^ Time Extension (Commission or Council) ~'~ i o ~ °O ~ ^ UDC Text Amendment Hearing date: to-~F-I l ^ Commission~Cotmcil ^ Vacation (Council) ^ Variance ^ Other Applicant Information Applicant name: DMG - Eagle & Victory, LLC Phone: 208-860-8193 Applicant address: 350 N. 9th, Suite 201, Boise, ID Zip: 83702 Applicant's interest in property: ~ Own ^ Rent ^ Optioned ^ Other Owner name: DMG -Eagle & Victory, LLC Phone: 208-860-8193 Owner address: 350 N. 9th, Suite 201, Boise, ID Zip: 83702 Agent name (e.g., azchitect, engineer, developer, representative): Developer -Greg Goins, Owner/Partner of DMG Firm name: DMG Real Estate Partners, LLC Phone: 208-860-8193 Address: 350 N. 9th, Suite 201, Boise, ID Zip: 83702 Primary contact is: ^~ Applicant ^ Owner ^ Agent ^ Other Contact name: R. Greg Goins Phone: 208-860-8193 E-mail: greggoins@goinsdevelopmentco.com Fax: 208-389-9500 Subject Property Information Location street address: 3210 S. Eagle Rd (SEC Eagle & Victory Rds) Assessor's parcel number(s): 51128223075 Township, range, section: Section 28, Twnshp.3N, Rge lE Total acreage: 3.68 acres Current land use: Single Family Home & Pasture Land Current zoning district: C-C (Commercial Business) 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 • • Project Description ProjecUsubdivision name: Shops at Victory General description of proposed projecbrequest: Neighborhood Commerical Retail Center w/Drugstore Time Extension for Prelim Plat (PP-08-0061 & Conditional Use Permit (CUP-08-011) Proposed zoning district(s): Remain C-C (Commercial Bus. District) per Dev. Agreement signed 4-12-2011 Acres of each zone proposed: 3.68 total Type of use proposed (check all that apply): ^ Residential ^~ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable):, Who will own & maintain the pressurized irrigation system in this development? Owner Which irrigation district does this property lie within? Nampa/Meridian Primary irrigation source: City System Secondary: N/A Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): No Change Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Number of building lots: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Sing1e-family ^ Townhomes ^ Duplexes ^Mu1ti-family Non-residential Project Summary (if applicable) Number of building lots: Three (3) Other lots: N/A Gross floor area proposed: 29,910 sq. ft Existing (if applicable): N/A Hours of operation (days and hours):No Chg City Conditions/Approval Building height: No Change Percentage of site/project devoted to the following: Landscaping: No Chance Building: No Chance Paving: No Change Total number of employees: N/A Maximum number of employees at any one time: N/A Number and ages of students/children (if applicable): N/A Total number of parking spaces provided: 133 Authorization Print applicant name: J7r Applicant ture: Seating capacity: N/A Number of compact spaces provided: s Ui GTU2 ~ , L L L Date: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 Real Estate Partners, ~~c r: September 6, 2011 City of Meridian Planning Department 33 E. Broadway Avenue Suite 210 Meridian, ID 83642 RE: Shops at Victory ^ PP-08-006 -Preliminary Plat for 3 commercial building lots on 3.68 acres ^ CUP-08-011 -Conditional Use Permit for adrive-through pharmacy in a proposed C-C zoning district within 300 feet of an existing residence Planning Department: Please consider this letter our formal request for an additional twenty-four (24) month time extension for Preliminary Plat PP-08-006 and Conditional Use Permit CUP-08-O1 l . The date of the original City of Meridian approval, including annexation and rezone, was September 9, 2008. Current approvals on the Pre-Plat and CUP are due to expire September 9, 201 1. The current economic climate has directly impacted our ability to meet the original development timelines. However, since our last time extension approval, we have diligently moved forward with aspects of the project we could complete such as a) finalized the Boundary Line Adjustment with Aldridge 8~ Ada County, b) finalized Development Agreement with City of Meridian and c) closed on the purchase of the property. We appreciate your consideration of an 24 month extension as we work diligently to bring this project to successful completion. Best Regards, ~g DMG Real Estate Partners, LLC Cc: Bob 8~ Kim Aldridge Robert 8~ Nedra Carpenter Attachments: 1. Commission 8~ Councel Review Application 2. Fully executed Development Agreement 3. Fully executed/recorded Record of Survey ~P ~ ~~ o ~ ~~ o ~ ~ s. aac~.sxonn . ~ ~ ~ m ...m .p SO'28'i2°w 13zoss' ..... ...... m NO'28'li°E 478.31' ~ l o~ ~o'~€~ ~ m 443.45 n Bts~O~ ~ C xi 2 z a ~~ ~ ~ ~ ~ ~ ~~n T l ~ /~ a~°' $, ~ . q ~ ~ n ~ ~ =N~~e ~t S o N= ~' ~ m ~o M ~ _ ~" ~ s p ~ y~o $~ ~ ~ ~ ~y g C l ~ ~ ~ loo ~ g~ ~ ~ ~ 1F - ~ ~ fs ~£ r°' G m N „ ~ ~ - ~~ ~ ~ I I w ~ ~ l~ ri j bd D `° N iM ~ i ~ ~ ~ 9 l S ~ O ~ 3 ~~ ~ ~ s ~ ~ ~ ~ N _ i - ~ l ~ ~ ~ ~ Z 1 ~~~ `~ J ai ~ I ~' I ~ v~~` ~ s~ s'~ 3Z w '~O~ SO'31'02'W ' l ~~ $. ~ T ~ ,~ O f0 _~~_ 85 1 /3 • ~~ 15200 ~ ~ ~L .CI~ S 8~l ~ ±~ ~~ . ~=-_- S9'28'42E 41 ~ l ~ yp~~ W ^ ~ ~ . N N cn Nm~ V ~c / a ' y /J / ~~ A g D ,~ P~FB ?' tsy8y ~ Q~'cf~ m ~ F ~ ~ ~ i~. C~~d~BpCp ~6 HOlsc w 1 N > ° ~~ ~D~jS~- C7 ~~G 0] ~ Z ~ >~>~ A~ $ ~4 T~ 8 " ~ €' ~ ~ yy~~yy F%~Fi ~ ~ C Y~ Sd~ ~~~-" ~~~ ~ 7 ~ o '~g~g O, ~ ~~ s 4~g' ~ °~ma~ C ~~ao®z m ~ y~ ~ °~~~ e ° Q) ~~ 3 ~ o~ ~ ~i yi ~ y ~1k ~ '~~ sa g a To~ . g K ~ ~ g ~ O ~~ ~ o ~ y ~ $~ p52 o fins }2i C ~~ m K "~~ ~ ~~~~ $g~ ~ ~ ~m~ g~ Z ~ ~g° K OL ~na Op ~ ~~ ~02 A y ~ S t ~~ O Q a ~ K ~ g~i$N' z.~ F ~ ~~ m " ~~_ m ~ ~ n ° ~ ~~~ ~ c ~ H~ ~~yg~ $ o O m~ 4~~ n C Q $ ~' y~ g~~ ~ ~ ~ ~~~~~ "ffi ~ ~~ ~' ~ Sv o c Fi~y '~b~ g~ FR ~ p K ~x o ~~`~ n8 R~ p~p~ c A g ~~TO ~ N y c o ay` C~. o ° yy 1 3 0 0 ~ t e°~at' °~'o X......~'' ~~ z K ~~~ sQ -~ ~ ~ ~yy~t~ y~ o ~ ~ ~ i8~ ~~rg ryo ~~w i $ ~+ a o €5~. ~ ~~, eo ~frc a r2~ ~ y ~ Q~ a, ~_ ~Fi i m~Y Hy a .a ~~ ~ ~ o ~~~~ w.. ~ s z ~~ ~~® ~~~~ w ~ Am I ~ ~c ~~ ~~ ~~ m IiI ~~ ~~ ~~o~j ~~ ~~ ~g~g ~~m l 1 z ~n $ y ki y Qi 7 y y nn Lfb $ I ®o • • yA -~~i '~ ~ O SA OS TS mL~ 0 I gin ~ sQ1sK1 g~~ ~$i Gm ~ l ~ O Al ~m ~m mm I .~ ~ Oo ~ N N ~ ~ ~ p~ p' m> n~ ~¢~ ~ ~ ~ ~~ o~ 4~g~~~ ~~~g~~ K~~ ~ ~ ~ g~ g~ ~ g ~ m ~ ~ ~~ € o x ~~~ a o o ~~ ~ `= m~~o ~~~~~~ '~ V ~~'~~~~ R~~~~ ~ .~~I O C~ ~ ~ ~ W O CW apw ~ ~ app8 ~gQ ii€ .v C ~ ~ o Q~ p ~f o ~ 3 Z -` ± 6 fff T ~_ ~. o~ ~1 N O ~ .'~. o w~ d z ~, 7 /^ ~ S m ~Il z~ ~ ~~ r o ~ ~ ~~ ~ N ~ ~ ~ N °~`R° ~ ~ Q oDp ~,p~ . ~ ~ W~n° ~c ~ ~m ~ y ~ ~ ~~ o a O m r ^ l 1 ~ 0 a O D m v V _ °o ~o m 8 O 8 ~ MM -l• Project/Subdivision Name: • CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES c ~)j ~~~~~ ~- C3P~} Date: ~-$~l ( Appucant(s)~~ontac~isl: ~~ ~ o~~s City Staff: : 2~ t~ a Location: SQL o F ~ F ~' ~~~ ~ Comprehensive Plan Future Land Use Map esignation: M.;~~D ~~.. G.~~~.ly Size of Property: = 3. ~ ~~•^~-s Design Guidelines Development Context: ~r~•.~ ~ W~u~ G•~ ~ ~~•--. C Proposed Use: concsr-cic .•~. ( Proposed Zoning: ~~- Existing Use: ate' Existing Zoning: C-G Surrounding Uses: Co ,(_ P , Mme. l ~ ~ -~-~.: ( ~e~ ~~ Street Buffer(s) and/or Land Use Buffer(s): 2s ~ ~ l v t 4 Open SpacelAmenities/Pathways: Access/Stub Streets/Street System: Sewer & Water Service: TopographyMydrology/Floodplain Issues: History: ,U; f - DY -06~ ~ Additional Meeting Notes: ~ C6v. f C u u,., ~ u Other AgencieslDepartments to Contact: artment ks De bli Wo ~ P ^ Ada County Highway District ^ Nampa Meridian Irrigation Distract p c r u ^ Idaho Transportation Department ^ Settler's Irrigation District ^ Building Department ^ Sanitary Services Company ^ Police Department ^ Parks Department ^ Central District Health Department ^ Fire Department ^ Other. Application(s) Required: ^ Administrative Design Review ^ Conditional Use Permit Modification/Transfer ti Short Plat sion -Council ~vy~ ~ Ti F t ^ Alternative Compliance ^ on Development Agreement Modifica en me _x ^ Annexation ^ Final Plat UDC Text Amendment ^ City Council Review ^ Final Plat Modification ^ Vacation. ^ Comprehensive Plan Amendment -Map ^ Planned Unit Development ^ Variance ^ Comprehensive Plan Amendment -Text ^ Preliminary Plat ^ Other ^ Conditional Use Permit ^ Private Street Notes: 1) Applicants are required fo hold a neighborhood meeting in accord with UDC 11-5A-5C prior to 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 fn accord with UDC 11-5A-5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on cwrent 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-applicafion meeting shall be valid for four (4) months. • 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-SA-5. Z~ Dae • August 26, 201 1 Robert & Kim Aldridge 3300 E. Falcon Dr. Meridian, Ip 83642 RE: Shops at Victory (3.68. Acres an SEC Victory >1< Eagle Rdsj ~~ (`~ '' ~~v 1~ ^ P'P-08.006 -Preliminary Plat fora commercial building. lotson 3.88 acres ^ CUP-08-01 t -Conditional Use Permif for adrive-through pharmacy in a proposed C-C zoning district within 300 feet of an existing residence Dear Property Owner: As OwnerfDeveloper of the SEC of Victory & Eagle, I would like fo invite you to a neighborhood meeting cancerning a Time fxfenson Application we are filing with the City of Meridian.. The Time Extension is specific to our originally City approved Preliminary Plat and CUP for adrive-through only. No changes from what was originally approved qre being requested;. just a time extension.. As you may know,. we purchased the property last October and since that time have completed our Boundary Line Adjustment with the Aldridge Family and finalized our Development Agreement with the City of Meridian;. effectivelyannexing and rezoning the property to C-C Commercial. The neighborhood meeting will be held:: Date: Tuesday,. September 6th, 201 l Time: 6:00 - 7:OOP'M Location: Meridian City Hall, Conf. Room "A'" (l s~ Floor to the right as you enter the building)... If you cannot attend this meeting and have any questions concerning the application,. ptease feel free to call me directly at (208) 860-8193. Best Regards, R. Greg Goins DMG Real Estate Partners, LLC Attachments: Vicinity Map. of Property Location • • SEC Victory & Eagle., Meridian, ID Neighborhood Meeting re: Prelim Plat & CUP Time Extension s:oo - T:ooPnn Tires, Sept 6, 2011. ~~ ~~C-= C ~- S1-~cc~~~b ~ ~ , Attendee Sign Up Sheet. ~'`r~~~ c~ 1 2. 3. 4. 5. fi. 7. 8. J. 1t~. 11. 1.2, 13. . - ~ ~ ~ #! AMItl~ .M 1°l ~Y 6iM M 1 '~~ »evsLC>~>l~c AGIt~E1MEPIT PARTI1Cg: 1. ~y of ~ 3. DIvIC3•~k ,~ YicEory, LLC, Ow~/aavel+opar~ 'T'HIS DEVELC3Ph~ENT AGREEMENT (~•Airt")~ ~ ~1 ee~ta~t i~ this l~ _ day of K 2011, by ata~ between City of I~Cridiaa, a rc~~ci~l a~ of the State of Id~to-~ lip c ~ and D-Eagle & Vietary, LLC, v act ~ 350 N. 9tt~, Ste, 2~1, wise, ID;37133, herai called OW~1~t/DEVEL@IER. 1. HECt'1"AI.S: 1,1 ~ygg~A.g, pwnex/De~-ek-ixx is the sole owns, in law and/or e~ity, ef' that certain tract of land in the Cc~enty of Ada, State of Idaho, descrit~edtn Exhi~t A attached he<eto and by this referat~ce ' herein as if set forth in fu11, herein altar referred to as the Property; a~ 1.3 Vi~HEREA3, I.C. § 67.651 ! A, Idaho Cow. provides that ciNos may, by ordinance, ra~ire or permit as a condition of ra-zonin; that the Owne€lDeveiopor rr-aice a written commitment coneeniing the use or davelopr>~t of the property; and I,~ WHEREAS, City has axea~cisa! its statutory' wthority by the ~ Cede, which aathorizes davelolxrter-t ~~ ~ the Meridian Unified Davelap annexation and/or re-~ccHting of 1a~d; 1.4 W~IEREA3, Owner/Dcve#~par has wbrnittad ~ ~iieati®n ~ atartexatifln sad re-zoning of the Prt~ertY described in Exhibit A, arrd has rocpiasted s desi of C-C {Cae~n~y ~ ~ MtaniciPal Cade of the City of Meridim; u~d 1.S WHERBA.S, 4w~e m~ie raenta#ions at t~ p~rlic herrings both before the Meridian Plsnnin; do Zonis Cota~tx-issior- and beIvre d1e M CEy Council, as ~ h~v the Properly wail be developed era! what improvametats wi11 ba rnaele; sad 1.6 WH>~REA9, record ~ ti-e pt~ceed~gs for the ree~astod a~aca~- ~ zoning d~+gitmt of the ~ P~P+~~' before the Plaeming & C ~ 1y before the city Cecil, Inca respe~s of governs ~ services within tAa City of Meridian plat-ning j~adict~rn, and reeeiv~ed ~ ~~' ~ com~caent; ~ t C}arwart©eveb~per it Eae tuete~er ix iatstesi is ~iaeA the fawner Ovvs~, A3c+ekod l,ivi~ Trutt, acrd ~e tares' ~, I.D1E-I6, LLC. DEVEI.OPi'~ENT AGREEMENT -1 ~„eaa~u~t«.: • 1.7 WHEI3,If AS, the city Co~cl, or- the 11 tIi day of Septe:i~ba, 3€dOZ, approved certain Findings of Fact and Concl~ss of Law ai+id Docis~ and fkder, set forth itA Exhibit B attached hereto anEl by this refersurce irrcoriwrated hereim ~ if set forth in , hereirr~after referred to as (t#re Find~gs); and 1.8 WH)~REAS, the Findings regOeir~e Owrir~/Developtr to crater i~o a development a~eritent with relation to the C-C (Coacial Business Distri~) before the City Council takes fmai action on annexation and zoning designation; aad 1.9 WHEREAS, Owaier/Devsloper deerrrs it to be in its best Merest to be able to enter into this Agreement and acknowled;es that this Agrowneat was entered aato voluntarily and at its urgin; and requests; and 1.10 WHEREAS, City regetirca OwnerfDeveloper to alter into a devet 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 coiulitions of this Agreement, heroin being established as a result of evidence received by the City in dre proceedings for zoning designative from goven~xit subdivisions providing services within the planning jurisdiction and from affected property owners arad to ensure re-zoning designation is in accordance with the ar>ra~adcd Comprehensive Plan of the City of Meridian adopted August G, 2002, Resolution No. 02-3g2, and the Zoning and Development Ordna~es codified in Meridian City Code Title t 1. NOW, THEREF©RE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF I~CITALS: That the above recitah are contractual anti binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For ali purposes of this Agreement the following words, terra~is, and phrases herein contained in this section shall be defined and ir~erpreted as herein provided for, unless the clear context of the presentation of the Barrie requires otherwise: 3.1 CITY: means atul refers to the City of Meridian, a party to this Agreement, which is a municipal Coilwration and government subdivision of the State of Ida#ao, or;anized ark existing by virtue of law of ttt~d State of Imo, whose add is 33 East Bro~way Avenue, l~€eridian, Idzaho 83b42. 3.2 OWNER/DEVELOPER: naeacia aril refers to DMG-Eagle & Victsry, LLC, whose address is 330 N. 9th, Ste. 201, Boise, Idaho ~3'I02, tl~ party developing the Property and shaall iaacl~ie any suba-ent owner(s) er developer(s) of the Prc>~party. 3.3 TRf'?PERTY: means aiad refas to that certain parcel(s) of Property Located in then County of Ada, City of Meridian as described irr Exhibit A describing the parcels to be re-zorRed C-C (Coraaanercial Business Diatr~t) attached hExeto and by this reference incorporated herein as if set forth at len;th. DEVELE)PMENT AGREEMENT - 2 azmaw~.2n~is-.z 4. USES PERMITTED IIY TIFIIS AGREEMENT: 1.1 The uses allowed pursuant to his Agreement are only those uses allowed under City's Zoning Ordinance codifted at Meridian City Code Seetivn 11.2-B which are herein specified as follows: Coa~rrectieei of 3 coarenarcial drtildlrrg lots ter tl~e propoatd C-C torring district on 3.dd acres, aad the ptrtir~retrt provisions of flee City of Meridian Cor><prekc~trslve Tarr are applicable to this AZ 08-000? application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SU)iI.TECT PROPERTY: S.1 Owner/Developer shall develop fife Property in accordance with the following special conditions: 1. The applicant shall be responsible for all costs associated with the sewer and water service extension as set forth in Exhibit C attached hereto and by this reference incorporated herein as if set forth in full. Said costs shall be paid prior to cortimeracement of any building construction. 2. Any and all existing ~nxestic wells andJor septic systems within this proj~t will have to be removed from their domestic service, per City Ordinance Section 5-7- 517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as land~ape iRigation. 3. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in cort~pliance with UDC 11-3D. 4. The request for Alternative Compliance for a reduced buffer width in certain areas adjacent to the residential property to the south, is approved per the landscape plan attached in Exhibit A of the staff report and in accordance with the DA provisions and conditions of approval noted in the Shops at Victory staff'report. 5. Construct a rnini~um 6-foot tall verti-crete wall adjacent to the resider~al property to the south in the areas where the buffer width is below the required 25-feet, as shown on the fencing plan in Exhibit A.S, as approved through Alternative Compliance with this application. Construct a minimum 6-fo®t tall solid vinyl fencing in all other areas abng the perimeter lmu~tdary adjacent to residential uses. All fencing shall be constructed in accordance with the standards l~ted in i,TDC 1 1-3A-7C. DEVELOPMENT AGREEMENT - 3 aaa's.oos~.an~aN.a • 6. Provide a minimtiwn 5-foot wide detached sidewalk along both Earle Road and Victory Road beyond the ultimate right-of--way of the reconstructed and wtdened intersection. Said sidewalk shall extend across the Aldridge property along Eagle Road to Faleon Drive and be located within a public pedestrian easement. 7. Access to this site shall only be provided from one full-access and one right-idright-out access to/from Eagle Road and one full-access and one right•ic~/right-out access to/fronl Victory Road, as proposed by the applicant, as shown on the City approved site plan attached hetrto as Exhibit D and by this reference incorporated herein as if set forth in full. Any other vehicular access points to/frum the site are prohibited. 8. Across-access/ingress-egress easemait shall be recorded to/from Eagle Road and Victory Road benefitting all lots within the subdivision. 9. Provide a pedestrian connection (pathway and break in the fence) from this site to the future pathway in Harcourt Subdivision. 10. A minimum of 2 buildings shall be constructed on the site and the maximum building footprint of any one building shall not exceed 20,000 square feet. 11. Hours of operation for the businesses within this development shall be restricted to the hours between 6 am and 10 pm. 12. The Applicant shall comply with the tree preservation standards listed in UDC 1 1-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper at~d greater that are proposed to be removed. The applicant's proposal to plant trees along the southern and eastern property boundaries as mitigation for trees removed from the site is approved per the landscape plan included in Exhibit A of the staff report. 13. The detailed site plan and building elevations submitted with any future CUP and/or CZC application for this site shall substantially comply with the cc-rrceptual site plan aixl building elevations submitted to the City as shown in Exhibit A of the staff report. 14. The Applicant shall submit a letter of final approval from Ada County Development Services for the Boundary Line Adjustment and a recorded copy of the Record of Sarvey, prior to approval of the anx-exation ordinance by City Council and publication of the ordinance in the newspaper. 15. Intentionally omitted. a Intersection improvements previously set forth as a conditi©n have been con~kted. DEVELQPMENT AGREEMENT - 4 ~a~s.ooo~.aas ~ ao~.a 6. COMPLIANCE PERIODlCONSENT TO REZONE: This A~eemer+t and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Own~/Developer or its heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Develc3pment of Subject Property" of this Agreement within seven (7) years of the date this Agreement is effective, arni after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-63Q9, ar any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consents upon default to the reversal of the zoning. designation of the Property subject to and conditioned upon the following conditions precalent to- wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if Owner/Devek~per fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said development. 9. DEFAULT: 9.l In the event OwnerlDeveloper or its 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, this Agreement may be modified or terminated by the City upon compliance with the requireme~its of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memor~-dum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording tc> Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason alter such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zonins of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT - S 42793.0007.2231201.2 ~ ~ 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by the City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sough by an appropriate action at law or in egaity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within sucU thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require, at the time of commencement of installation of improvements to the Property, surety bands, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: Owrter/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if Owner/Developer or its assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Agreement, and tl~e Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the DEVELOPMENT AGREEMENT - 6 az~s.aoo~.z:s~~ai.z • United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c% City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: OWNER/DEVELOPER: DMG-Ea~le & Victory, LLC 350 N. 9 ,Ste. 201 Boise, ID 83702 with copy to: City Attorney's Office HAWLEY TROXELL ENNIS & HAWLEY LLP City of Meridian 877 W. Main Street, Ste. 1000 33 E. Broadway Avenue P.O. Box 1617 Meridian,lD 83642 Boise, ID 83701-1617 Attn: Brian L. Ballard 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as detern~ined 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. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: T>9is 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, each subsequent owner and/or developer 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 developer shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owriex/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this DEVELOI~MENT AGREEMENT - 7 ~z~rss.ooo~.zzs i ~ ~.z • Agreement and the invalidity thereof shall not affect any of the other previsions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth a}1 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, eithex oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall. be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has cotxlucted 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. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERJDEVELOPER DMG-EAGLE & VICTORY, LLC, an Idaho limited liability company By: LDM Real Estate Services, LLC, a<1 Idaho limited liability company / Manager and Member / By: ~-~ L. David McKinney, Me DEVELOPMENT AGREEMENT - 8 air~s.ae~.ns i zei.a • By: Goins Development Co., LLC, an Idaho li~niited liability company Member By: ~j-----~ R. Greg Coins, ember CITY OF MERIDIAN .~`~~ O~ P~71rf#~Y ~ ~~ Mayor ~ oc~s=ox, < ~`~° ~~- ~~ U`~ Attest: ~ , , `o `~ ~,.. ,,,_ Jaycee olman City Clerk = '~'•, `~'~ ~~ ` r , 'ililllff it a ilil• EXHIBIT LIST Exhibit A -- Legal Description Exhibit B -- Findings of Fact and Conclusions of Law and Decision and Order Exhibit C -- Sewer and Water Costs Exhibit D -- Site Plan DEVELOPMENT AGREEMENT - 9 42795.OH07.2231201.3 • STATE OF IDAHO ) ss. County of Ada ) On th;s ~ day of 1~p~1V 2011, before me, . ~ A1(~i ~ L U ` ~-~ ~ a Notary Pubiic in and for said State, personaliy appeared L. David McKinney, known or identified to me to be a member of LDM Real Estate Services, LLC, and R. Greg Goias, known or identified to me to be a member of Goias Development Co., LLC, the companies that executed the within instrument or the person who executed the instrument on behalf of DMG-EAGLE ~ VICTORY, LLC, and acknowledged to trEe that DMG-Eagle & Victory, LLC 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. ~r'' ~wel ~i ,.rim ~ Notary Public for Idaho '~~JS1~+~ ~o`~ My commission expires) IU~=1, 2'U i ?~ STATE OF IDAHO ) ss. County of Ada ) On this _j~ day of ~pr~1 2011, before me, ~,~.S.S t e ~. ..~a~n e Z a Notary Public in and for said state, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be tfie Mayor and City Clerk, respectively, of the CITY OF MERIDIAN, who executed the instrument or the person that executed the instrument on 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 officiai seal the day and year in this certificate first above written. OHO®a~~4 ®•`GA JQry°•o ~~ O`~ AR~~d'~: .Gj~„~ ~, •~; ~ • s ~ ' o o ' e o o ', ~ s o ~ ; o0 DEVELOPMENT AGREEMENT - 10 Not ry Publ:ic Ida Residing at 1`-{~vt d 1 a.n t n My commission expires ~,~~~. col ~ 4273.0097.2251201.2 ~E IDIZ IAN*-- IDAXO Mare ~, Zfll fl Mr. R. Greg t3oii~s Dl1~G Rent Estate Partners, LLC 350 At. 9r' gtaeet, Su¢te 39i Bois, Idaho s3~62 Mayor Taa~-r-y de Weefd City Csancit Maetnrs: ~d Brad }k~gitm Charles liountree David ~ RE: 3tiops at Victory -Conditional Use Peimh 8c Preliminary Plat Time Extension (T& 10-OQ9) Dean Mr. E3oiris: Per UDC 11-SB-6 aril findings of the ~~ staffreport fir the tune extension request for Shops at Victory, ~, .,' ,. i~6'~`®~~'.~1~-~ tirt~e e~cta~sion ~ requested. You eve #~'t~ciber 9 ~fll i to satisfy the applicable reriuireruents set forth lit the conditions of appmvat, acquire building permits and a~ constivction of peimanerit footings or structures on or in the ground; and record the fii~at plat. Add#iotaal Ferree extensions up to eighteen (18) inonths as determined a+td ~pprovsci by-City Co~unsol maybe granted in die future, if necessary. Please xote that UDC 11-5>5-61?4 aile+ws the director to mire, as part of a tune extensiox approval, compliance with current provisions o[ fire UDC. Became this project was approved prior to the adoption of the City': I3eotgn Manaal, a ^ew condition of approval has been added for developt~te>at of the site to coaspir with the desk sta~trds lhbted in UDC 11-3A-19 and the gt~ideliues cantainsd in the Masiw-1. Additionally, a c~eclition of appnval has been added for the a~icaxt to reimburse the City i~or sewer d: water t~a#xs bailt ~ Victory Road im cowj~iactioe with the ACRD Eagle/Victorlr iatersectlert cos~structlon pro jest, in accord with Tide i, Chapter 6 of City Code, pe~or to sigitatare ea the f#aal plat by the City En~eer. This code west isito effect osi Mar S, ZgN, after this project wss approved.l~'lease see Exhibit B of the attached sbif report for dehlls ou the adalia~ csndi#[ons of approval h-r the subject develop~t. In accordance with UDC 11-3A-3F and UDC 11-SA-fi, you leave the optdcxt to t~eque~ City Coii~il review of the Director's decision. Ad reque~a for City Ceuncil Review sl~iall be feted in writing with obe Planning Dep~tment wi~liin fifteeei (15) days atlex the date of this letter. The request should ir-clude ~ being roc~asted for review; ~ address of the persow requesting the review acid their interest ire rtes utter, and the specific grids up®n which the raiuest is made. Aft receipt of the t fix review of the ac~ti of the Director, the Count still hohi a de nova public hear-itzg to read a deciaaori to uplwld or overrule the a~i+. PlannMg Department . 33 E. &oadway Avenue, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org • If ~ slued live ~y ~ this ~netf~r, ~e~e dar-'t l~et~te ip pt~l ~a WaE~rs ~t -E~4-SS33. S~i~~r, Fes, AIC~' Ikrectar Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REP©RT DATE: ~'~:' ~'~ E IDIAN~-~- TO: Aar Cam, Plaae~ing Dirardor I D A H O FROM: ~tya Watteers, Associate City Plareraer SUBJECT': aE Victory - CorK#tioaai Use Perasit dt Fpalieninsry P'iM 1"ttoe Fx~asiari (Fite g'TE-1Q-009) I. ATPLICA'TTON SUMMARY The appliamt, Dt~(3 Real Estnte Paetawrs, LLC, has reed appravai of as 1 g-th tines ext~ncioK to raeord the Remit plat acrd office Else use approved with the oerredltia-aai sane pm~rit. 'The subject preliminary plat gists of 3 builder lots oa 4.79 acres of hard. 'T'he en~ditir~l use permit ht for a wive-~v p~rsaacy wi3.hen 3110 feet of an existing residua, as rewired by LJDC 11- 4-3-11. Ttee ApplicuAnt has ~ unable to most the tune requiremexts spocifeed is Unified I)eveilot Coefe (UDC) 11-SII-6F foc ooaditional use permit and preliminary plats. The Applicant states the cxerreeat economic cleaaate has directly impacted their ability to meet file original tinaalines, this a time extension is reclueated. The preliminary plat (PP-08.0t}6) aid conditional use permit (CUP-0B-O 1 l) for Shope at Victory were a~rowed by fire Meridian City Catmcil on 4leptra~r 9, 20041. Per the coaditioa~s ®f approved, the conditional Ease peruait ae3d preliminary plat would otherwise expire on Maa+ch 9, 2010. Nobs: The Development Agreeerrem (DAB, required wide annexation of tleis property, has not yet been .tignesd ~ approved by Council, thus flee property has not been o,,~ecialty annexed. A one y~tar tines extension fiir the applicant to sign and obtain Council approval ofthe DA was granted on Augerst 33, ?IX)9. II. STAFF RRC©MMENDATION Staff recomanends approval of sea 18-month tune extension for the preliraiaary plat (PP) snd conditional use pewit (CUP), as requested by the applicant, to expiry Septarretrar 9, 2011, with ~ conditions listed Ira Exit B. III. LOCATIEOiY The subject pr+opeety is located on tAe southeast corner of ~. Eagle Road and E. Victory Roexi at 3210 S. Eagle Road, in the NW ;d of Section 32, Township 3 Noah, Rage 1 East B.M. (use Flit A.1). IV. STAFF AiVALY3IS 'The City of Megan': tJnifead Developruetat Coda (LJDC 11-SB-6F.4) authorises the Duiroctoe tc- grant a siaagle extension of time not to exceed one 18 month period to reeord the ~ plat noel ccnYeraaerwe the use approved with the carbdit3cmal wa porno as speeified in UflC 11-SB-6F.1, provided Eliot rroaa of coa~tioraa listed in UDC 11-SB-6F.5 axial. Add'itioaal flaws extaaae~ up to 18-months as determined aaxl approved by the City Council away be granted. 'The Director raay rscpaire coeaapliance w#h the vurrant prnvisoess of the UDC as a More for gird a tune axt~aaelan (tJDC 11-SB-fiF.4). Qn July 1 S, 2fl08, thee City Cawtcil ptoviAed staff with geeicklinas to use when avalunli~ time axteaasion r+ecpaeata. These ~eicieliraaa incluia regsairing co~lianee whh c.~reret UDC ids, installation of infrastmctura e-ocesseKy for the devdap~resaat of adjaceaat pry and ~t of any outstacading roimbar~raent agreerrionta. 'T'he gtws are rrreartt for guideuxa sad rant as a ate. TE-t0-oo~ slime a vi~cy t:uP rP T~.1oc ra~.1 • CITY OF MERiDtAW PLANNING DEPARTMENT STAFF REPORT Based on the directic~ liven to Staff, Eheare crre additional coaditiona for this project Stab' is recam~maadi~ 6e add«~tpda6ed to the ~y approval act of conditions. Pkaae aoe tlx sikR apereific esaditious of approval for tha anbjeet tune exteat:lon liatod in Fxleibit B. Y. EXHI)i<ITS A. 1?rawings 1. Yicioitr/7.aning Map 2. Apptvved P~irnittary Plat 3. Approved Conceptaat Site Plan (I?ated: M18f08, Revised: ~J'34J08) B. Conc#itiona of Apprava~l TE-10.()09 3tx~ at Vic1®ry CUp Pi• TE.doc ~ ~ • '~icin~~Y iVLa~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.2 -Approved Preliminary Plnt (Dated: M18/08, Revised: 4/24/08) - - °-- [. \yu luhv ruµi o .. p1. ... 1>ta-4 21 ~ IrK 1 ~I ~ ~ _.._ 'T ,Mf1 -I-III MIr.. 1i.M aY'Il i .r' ~I i ; ;'~<<;.~ ;rS y i '.Y~::..~, ~~ ~I ~1 ~q'.e' .. '• {7 _ _ i ~' .•ds--- a IMIIII. • 11.Idlw 1(1 Y h _-J f _Yi. Mw ~q~ wR111 hwM ~wh ~~ yws-irl- uw . ua o..u.+.r Y ~w• - ..1 aH101 % ~ Ihv[It{~^I.1 D1ea ...JIM 1. ~ 'h rlMw/~w VJt ~Yw s, wavJil- .. ~.w s , t _• ;'. I li``" ~ f„7 ~ rte. I f ..wu 11w I 1'I l.'I{ .w+w .w I I ~"' .r r/.u .rY ~ ~I ~ LIB pros: .brl Cw'1aq I L.. `Ji •'\ • • 1~ W 29'78 ~? .1 I ~j- Plan '~ ~ bMM.s f.1 ~~ -Iwo (,~ ~~ aMM ..1. ~ ui ...~. M~iw1 • 11.1411! Q ..11.~IM • r.11 w W L veal s SrwL".1.~'SS'.S17M'1".r1~ ~. • J ~ ~ ~ ' ~, "LDCSCII?X1Ni 1 //w1 a.u!Il ~yLe! senn~.iw TE-10-009 Shops at Victory CUP PP TE.doc Page 4 • • C[TY OF MERIDIAN 1'LANNINCi DEPARTMENT STAFF Rt?PORT Ex~i~t A.3 -Approved Concdptual Site Ply (Dated: 411 EfOt. Devised: 4/2410=) n,.__... _.._~ U . ~ ,. p.]w~ 'i~~ L_____J .e, ~.L~ . ,... "»S".,~ ,.r.,..,„ k ....~ :... ~....,..... ,.~~ ~ 1 - .... ~'-cam..,: ,..«,. ..e».. ~.. ~+uw,y. ., ~"ti. ,...~ ..... ,..,. v,. w~~ .1 i TE-1(}-df}9 5#~ps t~ Yic~ry CUP PP TE.doe P~ S • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT ~xhiblt B -- Cer~dHions of Approval 1. The applic~t is to meet all terms of the approved sanexatioa (AZ-08-049), derct agreernea~t, co~itional use permit (CUP-08-011), and preliminary plat (PP-08-046) for this ckvelct. 2. Derebp~nt of the site shall comply with the design standards lied in UDC 11-3A•19 and the ddign guidelines listed in the City's Design Manual. 3. Prior to signature on the final phs{ by the City Engicuer, the applicant shall be responsible to comply with Title 8, Chapter 6 of City Code to reimburse the City for sewer and water mains built in Victory Road in con,~ucurtion with the ACRD EagleNictory intersectit~a construction 1~1~• TE-10-009 Shops at Victory CUP PP TE.doc ~ 6