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
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E IDIAN~-- P1~ng De ant
IDAHO COMMISSION & COUNCIL REV ATION
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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"
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^ 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
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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
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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.
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• 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.
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Meridian Town Center
2011
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KITTELSON & ASSOCIATES, INC.
TRANSPORTATION ENGINEERING /PLANNING
SITE VICINITY MAP
MERIDIAN, IDAHO
=FUTURE DEVELOPMENT EAST
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Meridian Town Center Neighborhood Meeting
2nd Addendum to Development Agreement
12/14/11
Sign-up Sheet
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Email address Phone Number
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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.
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Additional Meeting Notes: .
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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
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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
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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
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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.