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Kennedy Commercial MDA 14-003ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 19 BOISE IDAHO 05/08/14 09:35 AM DEPUTY Bonnie Oberbillig III IIIIIIIilllllllllllllllllllll II III RECORDED—REQUEST OF 114034780Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. S.A.N.C. Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of " 2014, by and between City of Meridian, a municipal corporation of the State of idaho, hereafter called CITY, and S.A.N.C. Investments, LLC whose address is 3454 Stone Mountain Lane, Sandy, UT 84092, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, City and previous Owner/Developer entered into that certain Development Agreement that was approved on October 31, 2008 and recorded as Instrument # 108119853. 1.5 WHEREAS, City and current Owner/Developer now desire to remove a portion of land referred to as Exhibit "A" from the original Development Agreement, and enter into a new Development Agreement for that portion of land which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. 1.6 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 1 OF 8 1.7 WHEREAS, on the 8th day of April, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, City requires the Owner/Developer to enter into a development 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 conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers S.A.N.C. Investments, LLC, whose address is 3454 Stone Mountain Lane, Sandy UT 84092, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. DEVELOPMENT AGREEMENT - KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 2 OF 8 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.4 of the Staff Report attached to the Findings (Exhibit B), the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 5.1.2 Direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 5.1.3 The applicant shall grant cross access to the property to the west (Parcel #S 1213336006) through the retail portion of the development. A copy of the recorded cross access agreement shall be submitted with the first certificate of zoning compliance application for the retail portion of the development. 5.1.4 Any future multi -family use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4- 3-27. 5.1.5 Sanitary sewer service to the Kennedy Commercial development is currently being accomplished via a temporary lift station which pumps to a discharge manhole in Overland Road. It shall be the responsibility of this developer to commission a study of the lift station capacity, and make any upgrades that are needed to accommodate this new proposal. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of DEVELOPMENT AGREEMENT - KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 3 OF 8 written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, 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. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that 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. 7.5 Waiver. 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 default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 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 Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to 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 after such recordation, the City Council fails to adopt the DEVELOPMENT AGREEMENT - KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 4 OF 8 ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. 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 the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. 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 United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: S.A.N.C. Investments, LLC 3454 Stone Mountian Lane Sandy, UT 89092 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 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. 15. 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 determined 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. DEVELOPMENT AGREEMENT - KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 5 OF 8 16. 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. 17. BINDING UPON SUCCESSORS: This 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 the Owner/Developer, each subsequent owner 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 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 Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. 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 Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all 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, 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 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 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. DEVELOPMENT AGREEMENT - KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 6 OF 8 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. OWNER/DEVELOPER: S.A.N.C. Investments, LLC CITY OF MERIDIAN Mayeg:ainmy de Weerd ATTEST: o, n 'yCih' of F l" 1 City Clerk SEU TF rP R i ,I'rRF�1`an DEVELOPMENT AGREEMENT — KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 7 OF 8 STATE OF UM" County of 51 "- to ss: On this 17 day of i4 I -i , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared 1be(L Ptirdv-e- known or identified to me to be the �W'4 g.A.N.C. Investments, LLC, and acknowledged to me that he/she executed the same on ehalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. *A•� JORDAN PAVLIS14 ( Notary Public State of Utah $ My Commission Expires on: July 19, 2016 ••• Comm. Number: 657290 STATE OF IDAHO ) ss County of Ada ) Not Public for UYi4ni�j f1i� Fe61,=1 (tedjfvyjjitj Residing at: 55 - 71 — iUI My Commission xpires: On this day of , 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Ja cee L. Holman, know 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 my hand and affixed my official seal the day and year in this certificate first above written. ••sees• nslcA O T,q���►�e; (SEAL) oil _-- `:s •, OF No ary Public for Idaho Residing at: G Commission expires: R" a O DEVELOPMENT AGREEMENT — KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 8 OF 8 EXHIBIT A PARCEL A: A parcel of land being a portion of the Southeast Quarter of the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the South Quarter corner of said Section 13; thence along the South boundary of said Section 13, which is also the centerline of West Overland Road; North 89°26.27. West 1327.84 feet to an iron pin marking the Southwest corner of said Southeast Quarter of the Southwest Quarter of Section 13; thence leaving said South boundary along the West boundary of said Southeast Quarter Southwest Quarter of Section 13 North 00°13.19. East, formerly North 00'06.51. East 48.00 feet to an iron pin on the North right of way line of said West Overland Road, said point being the POINT OF BEGINNING; thence continuing North 00°13.19. East 1075.98 feet to an iron pin on the South right of way line of Interstate Highway 1-84; thence along said South right of way line South 89°52.52. East 1327.40 feet, formerly South 89'53.39. East 1325.21 feet to an iron pin on the East boundary of said Southeast Quarter of the Southwest Quarter of Section 13; thence leaving said South right of way line along said East boundary of the Southeast Quarter of the Southwest Quarter of Section 13 South 00°12.01. West, formerly South 00°00.00. West 585.98 feet to an iron pin; thence leaving said East boundary South 90°00.00. West 578.50 feet to an iron pin; thence South 00°06.51. West 494.56 feet to an iron pin on said North right of way line of West Overland Road; thence along said North right of way line North 89°26.27. West 750.07 feet to the POINT OF BEGINNING. The above described parcel of land is now described as All Lots in Block 1 of Kennedy Commercial Center Subdivision, according to the plat thereof, filed in Book 101 of Plats at Pages 13409-13412, Ada County Records. LESS AND EXCEPTING: Lots 1, 6, 10, 11, 12 and 13 in Block 1 of Kennedy Commercial Center Subdivision, according to the plat thereof, filed in Book 101 of Plats at Pages 13409-13412, Ada County Records. PARCEL B: Parcel B of Record of Survey 8610, recorded August 12, 2009, as Instrument No. 109094159, being a parcel of land situated in the Southeast Quarter of the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, being all of Lot 6 in Block 1 and a portion of Lot 10 in Block 1 of KENNEDY COMMERCIAL CENTER SUBDIVISION, recorded in Book 101 of Plats at Pages 13409-13412, Records of Ada County, Idaho, more particularly described as follows: BEGINNING at the Northwest corner of Lot 10 in Block 1 of said subdivision; thence, along the northerly line of said Lot 10, South 89°34'29. East, 5.00 feet; thence, parallel with the westerly line of said Lot 10, South 00°31'50. West, 251.56 feet; thence, South 89°28'10. East, 341.54 feet to the easterly line of said Lot 10; thence, along the easterly line of said Lot 10 and Lot 6, South 00°26'33. West, 560.32 feet to the Southeast corner of said Lot 6; thence, along the southerly line of said Lot 6, North 89°07'53. West, 347.41 feet to the Southwest corner of said Lot 6; thence, along the westerly line of said Lot 6 and Lot 10, North 00°31'50. East, 809.82 feet to the POINT OF BEGINNING. Kennedy Commercial — MDA 14-003 STAFF REPORT HEARING DATE: March 25, 2014 TO: Mayor and City Council El Nf, FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: MDA -14-003 — Kennedy Commercial Center I. SUMMARY DESCRIPTION OF REQUEST The applicant, Derk Pardoe, is requesting to amend the recorded development agreement (DA) (instrument #108119853) approved with the rezone of the property (RZ-08-003) for the purpose of: 1. removing the subject property from the existing DA and entering into a new DA; and 2. develop the property as a mixed use development consisting of office, multi -family and retail uses. For informative purposes the applicant has provided a concept plan and sample elevations that represents the future design of the proposed development. II. SUMMARY RECOMMENDATION Staff recommends approval of the development agreement modification application as detailed in Section VII of the staff report. III. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve file number MDA -14- 003, as presented in staff report for the hearing date of March 25, 2014, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a Development Agreement for this site that reflects the provisions noted in Exhibit A.6. Denial After considering all staff, applicant, and public testimony, I move to deny file number MDA -14-003, as presented during the hearing on March 25, 2014. (You should state why you are denying the request.) Continuance I move to continue file number MDA -14-003 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 site is located on the north side of W. Overland Road, west of S. Stoddard Road in the southwest 1/4 of Section 13, Township 3 North, Range 1 West. (Parcel #'s R4885160020, R4885160030, R4885160040, R4885160050, R4885160062, R4885160070, R4885160080 and R4885160090) B. Applicant/Owner: S.A.N.C. Investments, LLC 3454 Stone Mountain Lane Sandy, UT 84092 C. Applicant's Statement/Justification: Please see applicant's narrative for this information. Kennedy Commercial Center - MDA -14-003 Page 1 V. PROCESS FACTS A. The subject application is a request for a development agreement modification. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: March 3, and 17, 2014 C. Radius notices mailed to properties within 300 feet on: February 28, 2014 D. Applicant posted notice on site by: March 14, 2014 VI. LAND USE A. Existing Land Use(s): The subject property is vacant commercial property, zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by developed and undeveloped commercial and industrial properties, zoned C -G and I -L. The property on the south side of Overland Road has been approved for annexation by the City however; the development agreement has not been executed by the developer to finalize the annexation of the property. C. History of Previous Actions: • In 2001, the property received a conditional use permit/planned unit development approval (CUP -01-009), under the name of Treasure Valley Technical Center, which allowed for daycare, office, retail and industrial uses. As part of that approval a conceptual site plan was approved and any future daycare, office and retail uses require conditional use permit approval. • In 2007, a preliminary plat and final plat (PP -07-013 and FP -07-036) was approved for the 26 +/- acre portion of the site to the north and west of Western Electronics that consisted of 11 building lots and 2 common lots. • In 2008, the property received comprehensive map amendment and rezone (CPA -08-005 and RZ-08-003) approval to change the land use from industrial to commercial and rezone the property from the I -L zone to the C -G zone. With the rezone of the property, the City required a development agreement (DA) that recorded as instrument #108119853. The recorded DA requires compliance with a specific concept plan and building elevations. VII. TAFF ANALYSIS The applicant is requesting to amend the recorded development agreement (DA) approved with the rezone of the property. At the time Council approved the rezone, a concept plan and conceptual building elevations were tied to the original DA. The approved concept plan depicts eleven (11) structures; totaling 270,475 square feet. The mix of buildings consists of the following: ➢ two (2) 3 -story office buildings consisting of 66K square feet (s.f.) each, four (4) office buildings consisting of 31,475 s.f., a 2 -story office building consisting of 45K s.f., ➢ a 2 -story education facility consisting of 35K s.f., ➢ a bank building consisting of 7.5K s.f., ➢ a restaurant building consisting of 5.5K s.f., and ➢ a retail building consisting of 14K s.f. A variety of building elevations were also provided to coincide with planned uses and structures mentioned above. The building materials depicted on all of the structures consist of brick and stucco with a variety of accent materials such as stone, CMU, timber, and metal. Kennedy Commercial Center - MDA -14-003 Page 2 The new owner of the property has purchased approximately 14.81 acres of the site (8 commercial lots) and wishes to remove the subject property from the original development agreement and enter into a new DA with the City. The applicant has submitted a new concept plan depicting a mixed-use development consisting of three (3) retail buildings ranging in size between 7,000 square feet and 11,250 square feet adjacent to Overland Road, 180 -unit multi -family development and a single office pad site adjacent to Interstate I-84. The proposed concept plan also illustrates access to the development, site layout, parking and site circulation. In conjunction with the concept plan, the applicant has submitted sample photos of the multi -family dwellings and the commercial buildings. The multi -family dwellings depict building materials that incorporate brick wainscot, a mix of wood siding, private patios, variations in the wall planes and rooflines and tuck under garages. The commercial buildings incorporate stucco finish, covered entries, decorative cornices, stone accents and variations in fenestration, wall planes and roof lines. Staff is supportive that the design features portrayed in the attached photos. Future structures on the site are required to obtain certificate of zoning compliance and administrative design review approval and comply with the structure and site design standards set forth in UDC 11-3A-19 and the design guidelines contained in the Meridian Design Manual. NOTE. The proposed multi family development is conceptual in nature and will be evaluated with a future conditional use permit application. DA Modification: In general staff is supportive of the concept plan, building square footages and design concepts proposed with the subject application. To move forward with development of the site as proposed by the applicant, staff recommends the following new DA provisions: 1. Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.4, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 2. Direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. The applicant shall grant cross access to the property to the west (Parcel #S 1213336006) through the retail portion of the development. A copy of the recorded cross access agreement shall be submitted with the first certificate of zoning compliance application for the retail portion of the development. 4. Any future multi -family use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-27. 5. Sanitary sewer service to the Kennedy Commercial development is currently being accomplished via a temporary lift station which pumps to a discharge manhole in Overland Road. It shall be the responsibility of this developer to commission a study of the lift station capacity, and make any upgrades that are needed to accommodate this new proposal. Staff recommends approval of the development agreement modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Maps/Other 1. Vicinity/Zoning Map 2. Approved Concept Plans 3. Approved Building Elevations 4. Proposed Concept Plan Kennedy Commercial Center - MDA -14-003 Page 3 5. Proposed Building Elevations 6. Proposed Development Agreement Provisions Kennedy Commercial Center - MDA -14-003 Page 4 Exhibit A. l — Vicinity/Zoning Map Vicinity Map 4 ©W5 4.15 Miles Print Date: 1%14.12414 Kennedy Commercial Center - MDA -14-003 Page 5 Exhibit A.2 — Approved Concept Plan 70 4 9w, kl� w �TYAN I—s JJ !-L-L,- t I L 11: _X'jjj' �ALIT Kennedy Commercial Center - MDA -14-003 Page 6 M I Exhibit A.3 — Approved Building Elevations si 11 OiN;.3 M, Kennedy Commercial Center - MDA -14-003 Page 7 Exhibit A.4 — Proposed Concept Plan �un�F P MSU u Kennedy Commercial Center - MDA -14-003 Page 8 Exhibit A.5 — Proposed Building Elevations Kennedy Commercial Center - MDA -14-003 Page 9 Exhibit A.6 — Recommended Development Agreement Provisions 1. Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.4 and the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 2. Direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. The applicant shall grant cross access to the property to the west (Parcel #S 1213336006) through the retail portion of the development. A copy of the recorded cross access agreement shall be submitted with the first certificate of zoning compliance application for the retail portion of the development. 4. Any future multi -family use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-27. 5. Sanitary sewer service to the Kennedy Commercial development is currently being accomplished via a temporary lift station which pumps to a discharge manhole in Overland Road. It shall be the responsibility of this developer to commission a study of the lift station capacity, and make any upgrades that are needed to accommodate this new proposal. Kennedy Commercial Center - MDA -14-003 Page 10