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Application~~E IDR IAN*-- • ioaHO / 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: January 17, 2012 Transmittal Date: December 21, 2011 File No.: MDA 11-0 ~oZ Hearing Date: January 24, 2012 Request: Public Hearing -Modification to the Development Agreement to include limitations on certificates of occupancy that are tied to phasing of development and requirement to comply with ITD's project specific comments for Meridian Town Center By: Meridian CenterCal, LLC Location of Property or Project: Northeast Corner of N. Eagle Road and E. Fairview Avenue 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 (No vaR, vac, 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-Kuna 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~-- P1~ng De ant IDAHO COMMISSION & COUNCIL REV ATION ~ ~~: ,~; ~ . '' Type of Review Requested (check all that apply) ^ Alternative Compliance ^ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment ~ STAFF~TJSE ONLtY:,'~~': "~ ~ M': ~ ~' ^ Conditional Use Permit ,File number(s) ~~~F ~ ~~~a~ ? tr~~' ^ Condidonal Use Permit Modification .~ A ~ ~L ` r ~; ^ Design Review ' "~ ~" "~ ~~' ~ k" ,.~K,k ^ Final Plat ,~,,; .1.., ., To.:s+rt {'' •= ^ Final Plat Modification Project name: ~ ^ Planned Unit Development Date filed: 1Z lb`i) Date complete. t"~ ~''^I~ ' ^ Preliminary Plat Assigned Planner: '~ t j ~~~"~ ' ^ Private Street -' ~ r '" ^ Rezone Related fi]es: ~~_ ~ 7r O' ~• ~ }*f~ `mow-~'a® xfA' p ~`~. -. ~s~ .~~sfif: ^ Short lat ~•~ ~~~~ ^ Time Extension (Commission or Council) ~ ~ -.= t~ ~ ~: „~~> ^ UDC Text Amendment .Hearing date: ~Z`h-12-- p Commission ~1FCouncil~ ^ Vacation (Council) , , : , , , .: ~. ~, ^ Variance ~ Other Development Agreement Mod Applicant Information Applicant name: Meridian CenterCal LLC Attn• John Gordon Phone: 503-968-8940 Applicant address: 7455 SW Bridgeport Rd ,Suite 205, Tigard, OR Zip: 97224 Applicant's interest in property: ~ Own ^ Rent ^ Optioned ^ Other Owner name: (Same as Applicant) Phone: Owner address: Zip: Agent name (e.g., azchitect, engineer, developer, representative): Deborah E. Nelson Firm name: Givens Pursley LLP Phone: 208-388-1200 Address: 601 W Bannock Street: Boise Idaho __ Zip: 83702 Primary contact is: ^ Applicant ^ Owner Q Agent ^ Other Contact name: Deborah E. Nelson Phone: 208-388-1200 E_~il; den a~givenspursley com Fax: 208-388-1300 Subject Property Information Location/street address: NE comer of Eagle and Fairview Roads Assessor's parcel number(s): SI10433600Q and S110432550~5 Township, range, section: 3N lE Sec 4 Total acreage: 89 796 t Current land use: Vacant Current zoning district: C-G 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 Website: www.meridiancity.org • ! Project Description Project/subdivision name: Meridian Town Center General description of proposed projectlrequest: Development Agreement Modification S n ive Proposed zoning district(s): N/A Acres of each zone proposed: 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? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) WA Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: 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: ^Single-family ^ Townhomes ^ Duplexes ^Mulri-family Non-resldential Project Summary (if applicable) WA Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: -John Applicant signature: Date: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 • • CENTEI~CAL PROPERTIES. LLC December 16, 2011 Meridian City Council Meridian Planning Department 33 E. Broadway Ave., Suite 210 Meridian, ID 83642 OREGON 7455 SW BRIDGEPORT ROAD SUITE 205 TIGARD, OR 97224 PHONE 503.968.8940 FAX 503.968.8047 CALIFORNIA 1960 E GRAND AVENUE SUITE 400 EL SEGUNOO, CA 90245 PHONE 310.563.6900 FAX 310.563.6905 WWW.CENTERCAL.COM RE: Meridian Town Center -Development Agreement Modification -NARRATIVE Dear City Council Members and City Planning Staff: Meridian CenterCal, LLC recently entered into a Sales Tax Anticipation Revenue Reimbursement Agreement ("STAR Agreement") with the Idaho Transportation Department ("ITD"), the Idaho Transportation Board and the Ada County Highway District. At the request of ITD, 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 CenterCal, LLC entered into a development agreement dated November 21, 2008, and recorded on December 9, 2008 in the real property records of Ada County as Instrument No. 108131103. To update the original site plan and other provisions, the City Council approved an addendum dated June 16, 2011, and recorded on June 30, 2011 in the real property records of Ada County as Instrument No. 111052692 (re-recorded on July 13, 2011 in the real property records of Ada County as Instrument No. 111055939 to include Exhibit B, which was inadvertently omitted from the prior recording). Our proposed changes, shown in strikeout/underline format in the application materials, are as follows: • Section 5.5 -Minor edit to clarify that land use applications are subject to project specific comments from ITD. • • • Section 13: Edits to reflect particular limitations on certificates of occupancy that are tied to phasing of development. Thank you for your consideration of this application. We look forwazd to bringing the Meridian Town Center to fruition. Since , Jo ordon D' for of Real Estate Encl. • Meridian Town Center 2011 (NO SCALE) a m E 0 U_ _~ ~' c N m r a m 0 N L a r°. m ~o 4 KITTELSON & ASSOCIATES, INC. TRANSPORTATION ENGINEERING /PLANNING SITE VICINITY MAP MERIDIAN, IDAHO =FUTURE DEVELOPMENT EAST C~ Meridian Town Center Neighborhood Meeting 2nd Addendum to Development Agreement 12/14/11 Sign-up Sheet Name 1. .~.)vtQJiD7't -Ca~~~~ar~ 2. ,;~1~ NHS ~ 3. `~vu~ ~.i•~. 5. .~",C D ~~ ~~'' 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Email address Phone Number gp~tlt~vaN (~7s~kbutler.tan. 388.388 Y!~-!c ~ vlSSER~'L~cldcR~.Lrs~., ~li•7- ~d'`j( ~;w, ~tl.~~~v~~~~ ~~'`'F• fan "T ~-~ -~-~.! oc.~ ~.C coK-.i-I'` ~~'~~.v . C~ «, fir! s7 ~/~ • • CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES Date: I Zl Z ~ ~ i Project/Subdivision Name: M ridgy n -,oo~m ( ~-I-~~r Applicant(s)IContact(s): (~ L ~ pry - e~ City Staff: Pe.+e Location; Comprehensive Plan Future Land Use Map Designation: Size of Property: Design Guidelines Development Context: Proposed Use: Proposed Zoning: Existing Use: Existing Zoning: Surrounding Uses: Street Buffer(s) and/or Land Use Buffer(s); Open Space/AmenitieslPathways: Access/Stub StreetslStreet System: Sewer& Water Service: TopographyMydrology/Floodplain Issues: Canals/Ditches/lrrigation/Hazards: Nictnrv Other Agencies/Departments to Contact: ^ Ada County Highway Distract ^ Nampa Meridian Irrigation District ^ Public Works Department ^ Idaho Transportation Department ^ Settler's Irrigation Distract ^ 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 Mod~cationlTransfer ^ Rezone ^ Alternative Compliance Development Agreement Modification ^ Short Plat ^ Annexation Final Plat ^ Time Extension -Council ^ City Council Review ^ Final Plat Modification ^ UDC Text Amendment ^ Comprehensive Plan Amendment - Map ~ ^ Planned Unit Development ^ Vacation ^ Comprehensive Plan Amendment -Text ^ Preliminary Plat ^ Varaance ^ Conditional Use Permit ^ Private Street ^ Other NoEes: 1) Applicants are required to hold a neighborhood meetng 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 wifh a public hearing notice in accord wifh 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 current UDC requirements and the Comprehensive Plan. Any sutisequenf changes fo the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be valid for four (4) months. --- -- ~ . Additional Meeting Notes: . • • 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. Applicant/agent signature Date • SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Meridian Center Cal, LLC, Owner/Developer THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of , 2012, ("SECOND ADDENDUM"), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Meridian Center Cal, LLC, ("OWNER/DEVELOPER"), whose address is 42 N. 650 West, Farmington, UT 84025. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on December 9, 2008 in the real property records of Ada County as Instrument No. 108131103. B. CITY and OWNER/DEVELOPER entered into that certain Addendum to Development Agreement that was recorded on June 30, 2011 in the real property records of Ada County as Instrument No. 111052692 and re-recorded on July 13, 2011 in the real property records of Ada County as Instrument No. 111055939. C. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: SECTION 5 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 and ITD'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. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 11-_ -MERIDIAN TOWN CENTER (CENTER CAL) Page 1 of 4 The proposed access locations on the major arterials will be as approved by ACRD and ITD. SECTION 13 CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by City. No Certificates of Occupancy shall be issued that would bring the total amount of Owner/Developer's occupancy- permitted space (whether retail commercial, residential or other) to anv amount exceeding 680,000 total developed square feet unless and until Owner/Developer has commenced the second phase of construction by providing the surety referenced in Section 3.4 of the Sales Tax Anticipation Revenue Reimbursement Agreement a rec~ed to by the Owner/Developer, ACHD and ITD ("STAR Agreement"). No Certificates of Occupancy shall be issued that would bring the total amount ofOwner/Developer's occupancy-permitted space (whether retail commercial, residential or other) to anv amount exceeding 950 000 total developed square feet unless and until Owner/Developer has commenced the third phase of construction by providing the surety referenced in Section 3.4 of the STAR A req ement. 2. That Owner/Developeragrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Second Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Second Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Second Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) 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 hereon and any successor owner or owners 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 Second Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Second Addendum. 4. If any provision of this Second Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Second Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Second Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Second Addendum 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. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 11- -MERIDIAN Towta CENTER (CENTER CAL) Page 2 of 4 • a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Second Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Second Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: MERIDIAN CENTERCAL, LLC By: CITY OF MERIDIAN Mayor Tammy de Weerd Attest: Jaycee L. Holman, City Clerk SECOND ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 11-_ -MERIDIAN TOWN CENTER (CENTER CAC.) Page 3 of 4 • STATE OF IDAHO ) ss. County of Ada ) On this day of Notary Public in and for said State, personally appeared known or identified to me to be the • 2012, before me, the undersigned, a of Meridian CenterCal, LLC, the Idaho limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set myhand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: My commission expires: STATE OF IDAHO ) ss County of Ada ) On this day of , 2012, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that 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 myhand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expires: _ SECOND ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 11- - MERIDIAN Towty CENTER (CENTER CA[.) Page 4 of 4 Custer Receipt City of Meridian, Planning Department 33 E. Broadway Ave. Suite 210 Meridian, ID 83642 PH: 884-5533 /FAX: 888-6854 Project Name Meridian Town Center Applicant John Gordon Applicant Address 7455 Sw Bridgeport Rd., Ste 205, Tigard, Or 97224 Project Address Subdivision Professional Address: Phone: FAX: Fees and Receipts: Number Description Amount 8053 Development Agreement Modifiction $502.00 Total Fees: $502.00 Check Number: 16338 (12/16/2011) $502.00 Total Receipts: $502.00 Balance Due: $0.00 Hearing Date: January 24, 2012 File No.: MDA-11-002 Project Name: Meridian Town Center Request: Request for a modification to the development agreement to include limitations on certificates of occupancy that are tied to phasing of development; and requirement to comply with ITD's project specific comments, by Meridian CenterCal, LLC. Location: The site is located on the northeast corner of N. Eagle Road and E. Fairview Avenue, in the SW % of Section 4, Township 3N., Range 1 E.