Kleiner, David Property MDA-12-006
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
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In the Matter of the Request for a Development Agreement Modification for the David Kleiner
Property, Located on the Northeast Corner of E. Fairview Avenue & N. Records Road, by CarlVlas
Auto Superstores West Coast, Inc.
Case No(s). MDA-12-006
For the City Council Hearing Date of: August 7, 2012 (Findings on August 21, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 7, 2012, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 7, 2012, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 7, 2012,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 7, 2012, 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 (LC. §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 April 19, 2011, Resolution No. 11-784 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-12-006
-I-
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 Worlcs 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 August 7, 2012, 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 is hereby approved
per the provisions in the attached Staff Report for the hearing date of August 7, 2012, 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-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 may be 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 August 7, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). NIDA-12-006
-2-
!'
By action of the City Council at its regular meeting held on the f day of ,
2012.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CIIARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest: ~ ~~
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Jaycee Hol ~ n, City Clerk
Copy served upon Applicant, The
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City of
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By: _ Dated:
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Public Works Department and City Attorney.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-12-006
-3-
EXHIBIT A
SUBJECT: David Kleiner Property -MDA-12-006
I. SUMMARY DESCRII'TION OF APPLICANT'S REQUEST
The applicant, CarMax Auto Superstores West Coast, Inc., requests approval to modify the development
agreement (MDA) for the Kleiner property to allow "vehicle repair, major or minor" and "vehicle sales or
rental and service" as principal permitted uses and a "vehicle washing facility" as an accessory use on the
project site only. Additionally, the requirement for fencing to be provided along the west edge of the street
buffer on the east boundary of the site adjacent to Venture Subdivision is proposed to be modified to only
require fencing north of E. Venture Place. See Section IXAnalysis for• more infoynaation.
H. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the additional provisions recommended by Staff
included in Exhibit A.
The M erid ian Citv Co uncil heard these items on August 7 .2 012. At the p ublic hearing, the Council
ppro yed the subiect M DA request.
~_ ummarv of Ci ty Council Public Hearin:
i n favor: Jo hn McNamara: Grey Th ueson: Mi ke Ballantvne (s ee sign-in sheet for others
n ed the meeting & signed up in favo r t hat did not t estifvl
1<i n onnositi on: Bill Hall; Norris Whee ler: Bren da Ross; (see sig n-in sheet for others tha
ended t he meeting that signed up in onnosi tio n but did not testifvl
iiii Commentin g: None
iy, Written tes timony: Jake Hertz
y, taff prese nting annlication: Sonya Wafters
Yi Other staff commenting on annlicati on: Pete F rie dman
1, Ke y Issues of D iscussion by Council:
~ Outdoor li~ htin~ for the site:
Fencing & bermin~ along the east pr operty bo un dary adiacen t to N. Venture Street:
Direction o f the external sneakers ass ociated w ith the voice do wn security system:
i~ The feasibil ity for re-use of the site if CarMax lea ves;
~ rohibition of any activities (vehicle display, te m porary suns. etc.l in the landscape areas.
_
~_ e y Council Changes to Staff/Commissio n Recom me ndatio
i Council vo ted to approve the chang es to the de velopment a greement recommended by
fin the memo dated August 7. 2012 alo ng with additi onal changes noted in bold
double und erline format in Exhibit A .6.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-12-006 as
presented in the staff report for the hearing date of August 7, 2012, 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.
Kleiner, David Property MDA-12-006.doc Page 1
EXHIBIT A
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-12-006 as presented
during the hearing on August 7, 2012, for the following reasons: (You should state specific reasons for
denial.)
Continuance
I move to continue File Number MDA-12-006 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. Records Road, in
the southwest 1/~ of Section 4, Township 3N., Range lE.
B. Owner(s):
Kleiner Trust
P.O. Box 31682
Seattle, WA 98103
C. Applicant:
CarMax Auto Superstores West Coast, Inc.
12800 Tuckahoe Creek Parkway
Richmond, VA 23238
D. Representative:
Jake Hertz
CenterPoint Integrated Solutions, LLC
1240 Bergen Parkway, Suite A-250
Evergreen, CO 80439
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: July 16, and 30, 2012
C. Radius notices mailed to properties within 300 feet on: July 12, 2012
D. Applicant posted notice on site by: July 27, 2012
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is currently 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: Kleiner Memorial Park, zoned C-G
2. East: Residential properties in Venture Subdivision, zoned RUT in Ada County; and a bank, zoned
C-G
3. South: Fairview Avenue & retail and restaurant uses in Crossroads Shopping Center, zoned C-G
Kleiner, David Property iVIDA-12-006.doc Page 2
EXHIBIT A
4. West: Mix of commercial uses (CenterCal) and vacant land conceptually approved for office &
retail uses (west''/2 of Kleiner property), 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). Development of the subject property is governed under development agreement
Instrument No. 109009630.
D. Utilities:
1. Public Works: No concerns
E. Physical Features:
1. Canals/Ditches hrigation: 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 provide a mix of employment, retail, and residential dwellings and
public uses near major arterial intersections. The intent is to integrate a variety of uses together, including
residential, and to avoid predominantly single use developments such as a regional retail center with only
restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw
with the appropriate supporting uses. See Chapter 3 of the Meridian Comprehensive Plan, pages 30-31 for
n2or°e information.
The subject property, zoned C-G, is located a half mile east of the Eagle & Fairview intersection, both
major arterial streets. The applicant proposes to develop the eastern half of the subject property with a
vehicle sales lot, which is a principal permitted use in the C-G district. The MU-R designation allows such a
use; however, does anticipate a mix of uses. A mix of uses is not proposed on this property. However, in
looking at the overall MU-R designated area to the north (south of the South Slough) within a half mile of
the site, a mix of uses does exist or is in the development process.
The mix of uses in this area consist of amulti-family development (Regency at River Valley), currently in
the construction process north of the Meridian Town Center (MTC) project on E. River Valley Road,
consisting of 240 residential units. Another multi-family project is planned directly to the east of the "power
center" on the north end of the MTC project overlooking Kleiner Memorial Park. A mix of employment
uses consisting of retail, restaurant and office uses are planned and under construction within the MTC
project, north and west of this site.
Because the proposed use contributes to the mix of uses in this area, Staff finds it to be an appropriate use in
conjunction with other uses existing and planned for this area.
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.
Kleiner, David Property MDA-12-006.doc Page 3
EXHIBIT A
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. The applicant proposes the
following uses on the property: vehicle sales or rental and service; vehicle repair, major or minor; and a
vehicle washing facility. These uses are all listed as principal permitted uses in the C-G zoning district.
Specific Use Standards are listed in UDC 11-4-3 for each of these uses.
IX. AloTALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is for a modification to the Development Agreement (DA) for the Kleiner property. The
proposed modification includes a detailed development plan and changes to the text of the recorded
agreement specific to the project site (see Exhibit A).
Proposed Use: The applicant proposes to develop the eastern half of the site with apre-owned
automobile dealership (CarMax). Along with vehicle sales, vehicle service, reconditioning, carwash,
underground fuel storage and dispensing, and wholesale auctions will also exist and take place on this
site. The carwash and fuel dispensing will be non-public. The specific uses requested for approval are
as follows: vehicle sales or rental and service; vehicle repair, major or minor; and a vehicle washing
facility.
The applicant's narrative states that CarMax does not use flags, balloons, placards in open car hoods,
painted window lettering, or the like in its marketing and there are no outdoor loudspeakers. Lighting
will be downcast and reduced after hours. Staff a•ecomanends provisions be iraclZrded in the amended DA
to ensure the business is operated as a•epa•esented (see Exhibit A. 6).
History: When this site was annexed as part of the Meridian Town Center development, CenterCal
Properties submitted a conceptual development plan for the portion of the site they intended to develop
on the northeast corner of Eagle & Fairview along with a rough concept plan showing how the
remainder of the property being annexed Haight develop in the future. The remainder of the property
consisted of the 60-acre park site and the Kleiner Family Trust property in which this site is located.
The concept plan for this site depicts 72,800 square feet (s.f.) of residential area within (2) two-story
structures and 110,000 s.f. of office area within (2) three-story structures and (1) single-story structure.
This plan was deemed to be consistent with the MU-R FLUM designation for the site and the goals of
the Comprehensive Plan.
The owner and/or future developer of this property was not required to develop the site consistent with
the concept plan as it was understood that future development would depend on future ownership as
well as market trends at the time of development. A detailed site plan was required to be submitted at
the time of development and approved by the Director. Approval of the plan is based on compliance
with the applicable terms of the DA and all UDC provisions as to matters not otherwise specified by the
DA.
Site Plan: The CarMax site is proposed on the eastern half of the Kleiner property located on the
northeast corner of Fairview Avenue & Records Road. The property currently consists of (1) 21+/- acre
parcel. The property has been illegally divided into two parcels by Record of Survey #8394. In order for
the site to be eligible for building permits, the property needs to be subdivided in accord with UDC 11-
6B.
The applicant has submitted a detailed site plan with this application that depicts sales and service
buildings and anon-public enclosed carwash along with associated access drives, parking and display
areas, and landscaped areas. Landscaped areas consist of approximately 3 acres or 26% of the site. A
decorative 6-foot tall masonry wall that coincides with the design of the buildings is proposed to
enclose and screen the rear portion of the site where a staging area and carwash is located.
Kleiner, David Property MDA-12-006.doc Page 4
EXHIBIT A
Access/Streets: With development of this site, right-of--way is proposed to be dedicated to construct the
remainder of Elden Gray Lane between Records &Venture. A new internal north-south drive dividing
the Kleiner parcel will also be constructed. Primary access to the site will be from this internal drive
with a gate restricted secondary access on Venture Street for test drives only and will be restricted to
right-out and left-in traffic only. Direct access to Fairview Avenue is not proposed or approved with
this application. Staff recommends a provision is included in the amended DA that prohibits direct
access to Fairview Avenue per UDC 11-3A-3 and as recommended by ACHD.
To further limit traffic on Venture, the applicant proposes to instruct employees & delivery drivers to
enter & leave the site via Records Road. Small directional signs are also proposed to be installed at the
test drive exit to Venture indicating "right turn only"; at the northwest corner of Fairview &Venture
indicating "CarMax Customers turn right at Records Road"; and at the southeast corner of the new
internal north-south drive with a direction arrow pointing toward Records Road (left) indicating
"CarMax Customers EXIT to Fairview Avenue." Staff recommends provisions are included in the
amended DA as such (see ExhibitA.6).
Hours of Operation: The applicant's narrative states that sales areas are typically open to the public
Monday thru Saturday from 9:00 am to 9:00 pm with limited hours on Sundays. Service areas are
typically open to the public Monday thru Friday from 7:30 am to 6:00 pm. The C-G district does not
restrict the hours of operation. Staff does not object to the hozrrs of operation proposed
Welcome to Meridian Sign: The applicant has also designed and offered to construct at their expense a
Welcome to Meridian monument sign on the southeast corner of the site (see Exhibit A.5). Staff
recommends acceptance of the applicant's generous offer and is including a new provision in the DA
for the applicant to coordinate with staff on the design of the sign. The sign should be installed prior to
issuance of Certificate of Occupancy.
Water & Sewer Service: The applicant is financially responsible for'/~ the cost of extending sanitary
sewer and water in Elden Gray Lane and fully responsible for the extension of sanitary sewer and water
in N. Venture Street. The applicant is currently working with the City on a routing and financing
proposal to satisfy this requirement.
Applicant Proposed Text Changes to DA: The applicant's proposed changes to the DA are as
follows:
5.1.11.B - "Owner shall construct a 20' wide landscape buffer along the west side of
Venture Street beginning at a point that is due west of the west boundary of the Venture
Subdivision that is zoned residential and that lies closest to Fairview Avenue, and, except
for access stt•eets or drives from Venture Street to the East Parcel, shall continue to the
north boundary of the East Parcel. This buffer includes the 10 foot wide street landscape
buffer required by UDC 11-3 B-7 and 11-2B-3, plus an additional 10' buffer width, with
fencing on the west edge of such buffer along that part of the Project Site situated north
of E.Venture Place, and a sidewalk or pathway allowing access to the Kleiner Memorial
Park.
Staff does not object to the applicant's proposal; however, staff reconu~~ends a berm be constructed
within the street buffef• along the eastern boundary of the site adjacent to Venture where no
fencing/tivall is proposed and where the site is adjacent to a residential use. Landscaping shall be
installed consistent with the standards listed in UDC I1-3B-9C, Landscape Bz ffers to Adjoining
Uses.
Kleiner, David Property IvIDA-12-006.doc Page 5
EXHIBIT A
Exhibit C -Permitted Uses
The applicant proposes to add "vehicle repair, major or minor", "vehicle sales or rental
and service", and "vehicle washing facility" to the proposed use table as permitted uses
for the project site only (as depicted on the vicinity map in Exhibit A.1).
These uses are only proposed for the project site. In order to develop such a use on any of the other
property governed by the subject DA, a modification to the agreement would be required Staff does
not object to the applicant's proposed modification to the use table.
In summary, staff recommends approval of the applicant's proposed changes along with additional
provisions as mentioned above and listed in Exhibit A.6.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Previously Approved Conceptual Development Plan (dated: 9/27/07)
3. Proposed Site Plan (dated: 7/3/12) & Landscape Plan (dated: 3/26/12)
4. Proposed Building Elevations (dated: 7/5/12)
5. Proposed Monument Sign for City of Meridian
6. Applicant Proposed & Staff Recommended Changes to Development Agreement
Kleiner, David Property IvIDA-12-006.doc Page 6
EXHIBIT A
Exhibit A.1: Vicinity Map
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Kleiner, David Property NIDA-12-006.doc Page 7
EXHIBIT A
Exhibit A.2: Previously Approved Conceptual Development Plan (dated: 9/27/07)
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Kleiner, David Property MDA-12-006.doc Page 8
EXHIBIT A
Exhibit A.3: Proposed Site Plan (dated: 7/3/12) & Landscape Plan (dated: 3/26/12)
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Kleiner, David Property MDA-12-006.doc Page 9
EXHIBIT A
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Kleiner, David Property MDA-12-006.doc Page 10
Exhibit A.4: Proposed Building Elevations (dated: 7/5/12)
Kleiner, David Prope--ty MDA-12-006.doc Page 10
Kleiner, David Property MDA-12-006.doc Page 1 1
Exhibit A.5 -Proposed Monument Sign for City of Meridian
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Kleiner, David Property MDA-12-006.doc Page 12
EXHIBIT A
Exhibit A.S: Applicant Proposed ~i Staff Recommended Changes to Development Agreement
Applicant's proposed changes are noted in strike-out/underline format; staff's recoznmended changes are
noted in bold strike-out/underline format. Staff has included the entire document, including the portions not
proposed to change (shown in regular type), for Council's benefit.
FIl2ST ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. CarMax, Inc.
3. David E. Kleiner, as Trustee of The 2008 Kleiner Family Trust U/T/D March 4, 2008,
and as Trustee of The 2008 Kleiner Family Trust II U/T/D July 29, 2008
THIS FIRST ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day
of 2012, ("FIRST ADDENDUM"), by and between City of Meridian, a municipal
corporation of the State of Idaho ("CITY"), CarMax, Inc., a Delaware corporation ("CARMAX"), and David E.
Kleiner, as Trustee of The 2008 Kleiner Family Trust U/T/D March 4, 2008, and as Trustee of The 2008
Kleiner Family Trust II U/T/D July 29, 2008 (collectively, "KL,EINER"). CarMax and Kleiner shall hereafter
jointly be called OWNERS/DEVELOPERS or OWNER.
RECITALS
A. City and Kleiner entered into that certain Development Agreement that was recorded
on January 29, 2009 in the real property records of Ada County as Instrument No. 109009630
("DEVELOPMENT AGREEMENT").
B. CarMax plans to develop a portion of the Property, legally described on the attached
Exhibit A ("PROJECT SITE").
C. City and Owners/Developers 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:
Section 5, l l .B of the Development Agreement shall be amended as follows:
Owner shall construct a 20' wide landscape buffer along the west side of Venture Street beginning
at a point that is due west of the west boundary of the Venture Subdivision that is zoned residential
and that lies closest to Fairview Avenue, and, except for access streets or drives from Venture
Street to the East Parcel, shall continue to the north boundary of the East Parcel. This buffer
includes the 10 foot wide street landscape buffer required by UDC 11-3B-7 and 11-2B-3, plus an
additional 10' buffer width, with fencing on the west edge of such buffer along that part of the
Project Site situated north of E.Venture Place, and a sidewalk or pathway allowing access to the
Kleiner Memorial Park. In order to screen headliuhts from view. A ~ berm shall be constructed
within the street buffer along the eastern boundary of the site adjacent to Venture where no
fencing/wall is proposed and where the site is adjacent to a residential use. Landscaping shall
Kleiner, David Property MDA-12-006.doc Page 14
EXHIBIT A
be installed in this area consistent with the standards listed in UDC 11-3B-9C, Landscape
Buffers to Adjoining Uses.
Add the following provision: "The use of flags, balloons, emporarv (limited durationl suns.
placards in open car hoods, painted window lettering, or the like for marketing purposes, and
outdoor loudspeakers used for audible paging systems on the site shall be prohibited. External
peakers used for the voice-down security system are allowed, provided that the sneakers are
pointed away from nei~hborin~ residences and Kleiner Park. Additionally all lighting on the
site shall comply with the standards listed in UDC 11-3A-11 and be reduced after hours.
ehicles shall not be displayed on ramps or berms or in any way elevated off of the parking lot
1 vel. Landscape areas shall not be used for si~na~e or other visual distractions."
Add the following provision: "T~s~l~e~~r~^pe~t-~~.'~^ °-ded~cee~ " T"'~r' "-
~u .. +^ ^r ^ ~.,,;ia;,,,... ,..;+~ ~^,. +~,^ ~;+^ Right-of--way shall be dedicated to
i en and construct Elden Grav Lane and N. Venture Street as reauired by ACRD.
Construction shall be completed prior to issuance of a Certificate of Occupancy on the subiect
property'"
Add the following provision: "In an effort to limit traffic on N. Venture Street, the applicant
shall instruct employees c& delivery drivers to enter c& exit the site via Records Road. Small
directional signs shall also be installed at the test drive exit to Venture indicating "right turn
only"; at the northwest corner of Fairview & Venture indicating "CarlVlax Customers turn
right at Records Road"; and at the southeast corner of the ne~v internal north-south drive with
a direction arrow pointing toward Records Road (leftl indicating "CarMax Customers EXIT to
Fairview Avenue."
Add the following provision: "The applicant, at their own expense, shall install a Welcome to
Meridian monument sign on the site at the northwest corner of N. Venture Street ~& E. Fairview
Avenue. The applicant shall coordinate with staff on the design of the sign. The sign shall be
installed prior to issuance of Certificate of Occupancy"
Add the following provision: "The n r applicant is financially responsible for 1/ the cost of
extending sanitary sewer and water from its current location in Elden Gray Lane to N. Venture
treet. The Citv of Meridian is responsible for the remaining 1/Z of the cost at such time as
ervices are needed east of N. Venture Street. The owner/applicant shall be ~tnd--fully
responsible for the extension of sanitary sewer and water from Elden Gray Lane to a i o~ int
approximately 235 feet north of the southeast corner of the subiect parceh which is within l~.e
N. Venture Street right-of-
Add the following provision: "Direct access to E. Fairview Avenue is prohibited, unless
otherwise approved by the City of Meridian and ACIID."
2. Exhibit C of the Development Agreement shall be amended as follows:
EXHIBIT C
Permitted Uses
Table of Proposed Uses
Kleiner, David Property 1VIDA-12-006.doc Page 15
EXHIBIT A
Code
Type Use Retail Office Residential Other Comments
P Animal care facility1 X
P Artist studio1 X
P Arts, entertainment or X
recreation facility,
indoors1
P Building material, X
garden equipment and
supplies1
P Church or place of X
religious worship1
C Civic, social or fraternal X
organizations1
A/C Daycare center1 X X home daycare is residential;
otherwise daycare is office.
Home daycare is actually
daycare, family or daycare,
group.
A/C Drive-through X
establishment1
P Education institution, X
private1
P Education institution, X
public1
C Equipment rental, sales, X Includes home/household;
and services1 personal use, and office
equipment businesses;
excludes farm, industrial,
and heavy equipment or
machinery businesses
a bank is retail; a mortgage
or security broker or other
financial institution is office
P Financial institution1 X X
P Flex space1 X
P Fuel sales facility1 X
P Healthcare or social X
services
C Hospital1 X
P/C Hotel and motel1 X
P Industry, information1 X
P Laundromat1 X
P Laundry and dry X
cleaning
C Multi-family X
development
P Nursery or urban farml x
P Parking facility X We generally consider this
accessory to the use.
P Parks, public and private X
P Personal or professional X
service
P Public orquasi-public X X Classification depends on
use1 general nature of use.
P Restaurant X
P Retail store X
P Vehiclele r~e ai~jor or X Project Site only.
minor
P Vehicle sales or rental X Project Site only,
and service
Kleiner , David Property NIDA-12-006.doc Page 16
EXHIBIT A
Code
Type Use
A Vehicle washing facility'
P Vertical integrated
residential project
Retail Office Residential Other
X
X
Comments
Project Site only
Housing portion. Integrated
non-residential uses count
as retail or office as
appropriate.
LEGEND
permitted (P), accessory (A), and conditional (C)
1 at the end of use title implies specific standards for the use exist in UDC Chapter 4
ADDITIONAL
Accessory uses allowed in C-G zone but not shown above are permitted if the primary use is allowed.
Uses not listed above but otherwise allowed in C-G zone may be considered by modification of DA.
Uses classified as "Retail" or "Office" above count against total allowed retail or office square footages; "Residential" and
"Other" uses shown above do not.
2. Owners/Developers agree to abide by all ordinances of the City of Meridian that are consistent with the
terms of the Development Agreement and this First Addendum and the Project Site shall be subject to de-
annexation if the Owners/Developers, or their assigns, heirs, or successors shall not meet the conditions of this
First Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the
terms of the Development Agreement and this First Addendum.
3. If any provision of this First Addendum is held not valid by a court of competent jurisdiction, such
provision shall be deemed to be excised from this First Addendum and the invalidity thereof shall not affect any
of the other provisions contained herein.
4. This First Addendum sets forth all promises, inducements, agreements, condition, and understandings
between Owners/Developers 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
Owners/Developers and City, other than as are stated herein. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this First 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.
a. Except as herein provided, no condition governing the uses andlor conditions governing development
of the subject Project Site herein provided for can be modified or amended without 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.
This First Addendum shall be effective as of the date herein above written.
6. Except as amended by this First Addendum, all terms of the Development Agreement shall remain in
full force and effect.
Kleiner, David Property MDA-12-006.doc Page 17
EXHIBIT A
Add legal description for project site:
Exhibit A
.4 parcel of land sitttaked ii1 the vast half of the sottthwesf quarter of the sautheast duarter of
Sectiatl,~1; Totivnship 3 Narth, Lange 1 east,. Boise Meridians, E1.da Counter, Idaho, being more
partictxlaily described as fbllr~ws;
Con~n~cncing at. ~ brass cap tx~arking the southwest cor~~er of Section ~, Township 3 N~arth,
Ranges 1 East, Boise Meridian;.
Thence S~~"~6' 1.7"E, ~6~9.51 feet along tl~e south line of the southwest quarter to a 51~ inch
rc~bar tnarkitig tlxe south quarter-section corner aF Se.ctian =1;
"hhehce 5~~~'d6'39"E, 6E~•~1 feet Mang khe south line of-the southeast gt~~arter;
"I hence N00°13'2I''L, 57.~~1 feet to a 5/~ inch t•ebat• m~lrking the southwest corner oI'Vei~ture
Subdivsiotl, Baalc 27 of Plats at Pages 1701 ~; 1705, an the north right~af--way line of Dust
Fairview Avenue, the POINT OF BEGINNING. '
Thence N00°0«1°?5"t"s, ~~ 1:97 feet slang the west line of 'denture Subdivision;
Thence N~9°~~'~~"tiV', ~{~3.~5 feet to the west life aCtlle west half af,the sauth~vest
quarter of the satctl~e~ast ghat ei;
~I`hence S(lf)°0~"q~1''W, 7dI.~7 .feet slang the west line of the wrist half of the
southwest quarter of the southeast quarter to a ~/8 inch reliar an the earth right-af-
~vay line o~'East Fait~~iew avenue;
Thence Sli9°59'9"E, 66~1.6~ friet slang the norih right-af way lute of k~ast Fairview
~,ventte to the POINT {~1~ 131`?tTItiIN1Nt;,
The abave-described }parcel cantai~~s 11.:31 acr~:s, more ar less.
Kleiner, David Property MDA-12-006.doc Page 18
-~
Jaycee Holman
From: Sonya Watters
Sent: Tuesday, August 21, 2012 5:19 PM
To: Machelle Hill; Jacy Jones; Jaycee Holman
Subject: FW: Elden Gray Way right-of-way dedication
Please include this email in the Kleiner Property MDA-12-006 file...thx!
-----Original Message-----
From: David Kleiner [mailto:davidl<leiner00@gmail.com]
Sent: Tuesday, August 21, 2012 5:15 PM
To: Peter Friedman; Sonya Watters
Cc: John_McNamara~acarmax.com
Subject: Elden Gray Way right-of-way dedication
Pete, Sonya,
The Kleiner Trusts are obligated, per contract with CarMax, to dedicate the right-of-way
required by ACHD to allow CarMax to construct Elden Gray Way to the full width required by
ACRD along the frontage of both Parcel 3A and Parcel 36, which runs from Records Avenue to
Venture Street. Thank you.
David Kleiner, Trustee
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