Z - Development Agreement Sodalicious H-2018-0046ADA COUNTY RECORDER Christopher D. Rich 2018-079760
BOISE IDAHO Pgs=38 VICTORIA BAILEY 08/22/2018 02:10 PM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIES: 1. City of Meridian
2. 10th & Fairview, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this_21_!�_ day of NUCIL64- , 2018, by and between City of Meridian, a municipal
corporation of the State '6'?Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and 10t" & Fairview, LLC, 435 E. Shore Drive, Ste. 210, Eagle, ID 83616,
hereinafter called OVVNER/DEVELOPER.
Ll WHEREAS, Owner 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 bythis reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance,
require or permit as a condition of 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 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation
and zoning of 0.36 acres of land with an C -G (General Retail and Service
Commercial) zoning district, under the Unified Development Code, which
generally describes how the Property will be developed and what
improvernents will be made; and I
1.5 WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
1.6 WHEREAS, the record of the proceedings for the requested annexation and
preliminary plat on the Property held before the Planning & Zoning
DEVELOPMENT AGREEMENT — SODALICIOUS (H-2018-0046) PAGE 1 OF 8
Commission, and subsequentlybefore the City Council, includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 7th day of August, 2018, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order (Findings"), for the annexation and zoning of 0.36 acres of land with
an C -G zoning district, which have been incorporated into this Agreement and
attached as Exhibit "B"; and
i
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 October 11,
2016, Resolution No. 16-1173, 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 fall.
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 to 100, & Fairview, LLC, whose
address is 435 E. Shore Drive, Ste. 210, Eagle, ID 83616, the party that owns
and is developing said Property and shall include any subsequent
owner(s)/developer(s) of the Property.
DEVELOPMENT AGREEMENT — SoDALicious (H-2018-0046)
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Meridian City Council Meeting Agenda August 21, 2018— Page 436 of 902
3.4 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" describing
the parcel to be annexed and zoned C -G (General Retail and Service
Commercial) zoning district and 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.
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:
a. The subject property shall comply with all provisions of the UDC and Meridian City Code,
including those provisions related to land use, specific use standards, landscaping, access,
parking, and other conditions as may be appropriate and necessary to carry out the policies of
the Comprehensive Plan, regulate the uses of property and structures within the City of
Meridian, and protect and promote public health, safety, and general welfare.
b. City acknowledges that a nonconforming electronic outdoor advertising sign is installed on
the Subject Property. Such nonconforming sign may remain on the Subject Property subject
to the provisions for nonconforming sips as set forth in Meridian City Code section 11-1B-6,
as such section exists on the date of execution of this Agreement, A copy of which is attached
hereto as Exhibit "C ". The parties agree and acknowledge that repair or replacement of LED
digital faces on the outdoor advertising sign does not constitute replacement or removal of the
outdoor advertising sign or sign structure as described in Section 11-1B-6 as set forth in
Exhibit "C".
c. A cross -access easement shall be recorded granting access to the property to the east (parcel
#S`1107120655) in accord with UDC 11 -3A -3A.2. A copy of said easement shall be submitted
to the City prior to issuance of Certificate of Occupancy.
d. The applicant shall obtain a Certificate of Occupancy from the Building Department for the
existing use upon annexation of the property into the City of Meridian.
e. The owner shall comply with the terms of the Agreement for Extension of Domestic Sewer
Service outside Meridian City Limits #2017-095482 and the ls'amendment #2018-001828,
and 2nd amendment #2018-012303 included as Exhibit "D" in this agreement.
DEVELOPMENT AGREEMENT--- SoDAucious (H-2018-0046)
PAGE 3 of 8
Meridian City Council Meeting Agenda August 21, 2018— Page 437 of 902
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months 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
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 bythe 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.
DEvELopmENT AomEmENT — SODALICIOUS (H-2018-0046)
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Meridian City Council Meeting Agenda August 21, 2018— Page 438 of 902
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
ordinance in connection with the annexation and zoning ofthe 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 agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates ofOccupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees 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:
I Ot" & Fairview, LLC
435 E. Shore Drive, Ste. 210
Eagle, ID 83616
DEvF,LopmENT AGREEMENT - SoDALicious (H-2018-0046)
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
PAGE 5 OF 8
Meridian City Council Meeting Agenda August 21, 2018— Page 439 of 902
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 PEES: 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
suvive any default, termination or forfeiture of this Agreement.
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 have fully performed their 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.
DEVELOPMENT AGREEMENT — SODALICIOUS (H-2018-0046)
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Meridian City Council Meeting Agenda August 21, 2018— Page 440 of 902
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.
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.
[end of text; signatures, acknowledgements, and Exhibits A, B, C and D follow]
DEVELOPMENT AGREEMENT — SODALICIOUS (H-2018-0046)
PAGE 7 OF 8
Meridian City Council Meeting Agenda August 21, 2018,— Page 441 of 902
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabbve provided.
OWNER/DEVELOPER:
10"'& Fairview, LLC
By:
CITY OF MERIDIAN ED Aliat TTES
o�QG
Cilyor
Ma or T m A--eWeerd IDIA Coles,", Clerk
SEAL
STATE OF IDAHO thO TREE
ss:
County of Ada,
On this IT day of 2018, before me, the undersigned, a Notary Public in and for said State,
personally app e a r e dMtn ,known or identified to me to be the aA
_VPLex of
10th & Fairview,
LLC, and to me that he executed the same on behalf of said Corporation.
IN WITNESS ?ffWf4ka-ve hereunto set my hand and affixed my official seal the day and year in this
certificate first abovk k 211
(SEAL)
Public for Idaho
a
Residing atl
no---.`so(JBL1C-j
0 r, n nu
My Commission Expires: M -V
-
County of Ada
On this rQ 1,8'- day ofN JaUU5� , 2018, before me, a Notary Public, personally appeared
Tammy de Weerd and C.Jay Coles, 6-o-w-6—tId—entified. tome 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 band and affixed my official seal the day and year in this
certificate first above written.
M, CAM W
(SEAL) Notary Public or aho
Residing at:
Commission expires: TA916aa
0 T AGRIBEN113NT y SoDALicious (H-2018-0046) PAGE 8oF8
.z so:
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#**..oases
. . . . . . . . . .
IDAHO
SURVEY
GROUP
1035 E. Fairview Avenue
Annexation Deuription
Match 1Z 2018
1450 Eut %terrower St,
Suite 130
Merklian, Idaho 83642
Phone (1" 846.8570
Fax (200) 884.5399
A parcel of land sitopred In the Northwest 1/4 of the Northeast 1,14 of Section 7, Township 3 gorth
bears, South 89"28V611 East, 2,64142 feet,
Tlwoce along the North boundary of said Settlort 7, Soutlt W28W Easj� $33,00 feet to the POINT OF
st'GINNHING"
Thence JeWq said North b000daty, North OV3*SW'EaA 15.98 feet to the ceoterlmo of E, fairview
the Departmentof Aghways of the $late of Idaho,
Thence along said ceryiefliM s$.01 feet Easterly along the arc of a cwve to the r*ht having a radius of
57,295A() feet, a central angte 0(00"W06% and a long chord, whO bears North 89�$4100" East, 85,01
feet
The North 89'28066 West, $540 feet,
Said Parcel contains 15,849 square feet or 036 acres, more or less.
This description was prepared using record data as shown on Record of Survey No. 48:1, recorded as
Instrument No, 8334545, records of Ado County, Idaho and was not verified with a survey on the SMWW
by Idaho Survey mup, LLC
End of trescripticIm
Sodalicious — H-2018-0046 — Exhibit A to Development Agreement
Meridian City Council Meeting Agenda August 21, 2018 — Page 443 of 902
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GROUP,1035 E. FAIRVIEW AVE — ANNEXATION
Sodalicious — H-2018-0046 — Exhibit A to Development Agreement
Meridian City Council Meeting', Agenda August 21, 2018 — Page 444 of 902
EXHIBIT B
CITY OF MERIDIAN I
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER I DAHO
In the Matter of the Request for Annexation and Zoning of 036 of an Acre of Land with the C -G
Zoning District for Sodalicious at 1035 E. Fairview Ave., by 10'h & Fairview, LLC.
Case No(s). H-2018-0046
For the City Council Hearing Date of. July 24, 2018 (Findings on August 7, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 24, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 24, 2018, 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 (I.C. §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 § 11-5A.
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.
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
Community Development Department, the Public Works 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 July 24, 2018, incorporated by reference. The conditions are concluded to be
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S), H-2018-0046 - I -
Sodalicious - Eydiibit B to DA Meridian City Council Meeting Agenda August 21?Q088—P@ggE6A4Ebb69l32
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 -5A 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 Annexation and Zoning is hereby approved with the requirement of
a Development Agreement per the provisions in the, Staff Report for the hearing date of July 24,
2018, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651 IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or maybe requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
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 may be 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 July 24, 2018
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S), H-2018-0046 -2-
Meridian City Council Meeting Agenda August 21?Q088—P@ggE6Aftb6992
By action of the City Council at its regular meeting held on the day of
2018:
\4,0
COUNCIL PRESIDENT JOE BORTON VOTED 1Cq
COUNCIL VICE PRESIDENT LUKE CAVENER. VOTED Ye6.
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER TREG BERNT VOTED / fit
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
J,
Mayor Tzyd Weerd
1-!Vr_
- �A,
SEAL
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: �Pa&n&j
44, Dated:
City*tlerk's Office 0
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONSi OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0046
GCdaliejOLeb
Meridian City Council Meeting Agenda August 21, 2018,— Page 447 of 902
-3-
EXHIBIT A
STAFF REPORT Hearing Date: July 24, 2018
El�TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Sodalicious — AZ (H-2018-0046)
I RMUL11 104 M 1318 13 *Tej '911 W 0 to] 0 to] an W W N[ongoa"IaLi 1*-]
The applicant, 10'a' & Fairview, LLC, submitted an application for Annexation and Zoning (AZ) of
0.36 of an acre of land with the C -G zoning district. See Section IX of the staff report for more
information.
11. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ application in accord with the comments in Exhibit B
and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard this item on June 21, 2018. At the public
hearing, the Commission moved to recommend approval of the subiect AZ request.
a. Summary of Commission Public Hearing:
L In favor: Hethe Clark. Spink Butler (ADDlicant's Renresentative
ii. In opposition: None
iii. Commenting: None
iv. Written testimonv: Hethe Clark. Snink Butler (resnonse to the staff report)
3L. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
L None
c. Key Issues of Discussion by Commission:
L None
d. Commission Chan2e(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council
L None
The Meridian C& Council heard these items on Ju -1y 24, 2018, At the public hearing.
Council approved the subject AZ request.
2.
i Ro
In favor: Hethe Clarli, Spink Butler (Applicant's resenta
& In opposition: None
fiL Commenting:
Ly� Written testimony: Hethe Clark. Spink Butler
y� Staff presenting application: Sonya Allen
A. Other staff commenting on application: None
Key issue(s) of Public Te
i. NO=
-c. Key Issues of Discussion by Councilz
Sodalicious — AZ H-2018-0046 PAGE I
Meridian City Council Meeting Agenda August 210®88—P@@gE62ftb69Q2
A_61
Col.
111. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0046, as presented in the staff report for the hearing date of July 24, 2018, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0046,
as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific
reasons for denial)
Continuance
I move to continue File Number H-2018-0046 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 at 1035 E. Fairview Avenue, in the northeast 1/4 of Section 7, Township 3
North, Range 1 East. (Parcel #: Sl 107120677)
B. Owner(s):
I & & Fairview, LLC
435 E. Shore Drive, Ste. 210
Eagle, ID 83616
C. Applicant-,
Same as Owner
D. Representative:
Hethe Clark, Spink Butler, LLP
251 E. Front Street, Ste. 200
PO Box 639
Boise, ID 83701
E. Applicant's Statement/Justification: Please, see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation& zoning.:A public hearing is required before
the Planning & Zoning Commission and City Council on this application, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 1, 2018 (Commission); July t6, 2018 (City
Council)
C. Radius notices mailed to properties within 300 feet on: May 25, 2018 (Commission);
June 29, 2018 (City Council)
Sodalicious — AZ H-2018-0046 PAGE 2
Meridian City Council Meeting Agenda August 2129G88—P9ggeN89)b6992
D. Applicant posted notice on site(s) on: June 8, 2018 (Commission); July 13, 2018 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: There is currently a drive-through restaurant (i.e.
Sodalicious) operating on this site; the property is currently zoned C2 in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: E. Fairview Ave. and commercial uses, zoned C -G
2. East: Commercial property, zoned C -G
3. South & West: Vehicle sales, zoned C -G
C. History of Previous Actions:
A drive-through restaurant (i.e. Sodalicious) was recently approved in Ada County to
operate on this site (Project #201701971 -MSP).
This property is currently receiving City water and sewer service. The terms for
provision of sewer service are contained in the Agreement for Extension of Domestic
Sewer Service outside, Meridian City Limits #2017-095482, I't amendment #2018-
00 1828, and 2"d amendment #2018-012303.
D. Utilities:
1. Public Works:
a. Location of sewer- This property is currently receiving sewer service from the City of
Meridian.
b. Location of water: This property is currently receiving water service from the City of
Meridian.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: None
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated Commercial on the Future Land Use Map (FLUM) contained in
the Comprehensive Plan. The purpose of the Commercial designation is to provide a full range of
commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service
and office uses, multi -family residential, as well as appropriate public uses such as government
offices.
A drive-through restaurant (i.e. Sodalicious) was previously approved in Ada County to operate on
this site (Project #20170197'1 -MSP). The approved site/landscape plan is included in Exhibit B. The
existing use is an appropriate use in the Commercial designation.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the use of this property: (Staffs analysis in italics)
Sodalicious — AZ H-2018-0046 PAGE 3
Meridian City Council Meeting Agenda August 2120®88 P@gge629(bb6992
& "Require all commercial and industrial businesses to install and maintain landscaping."
(2.01.03B)
Landscaping was required with development of the site in Ada County.
"Reduce the number of existing access points onto arterial streets by using methods such as
cross -access agreements, access management, and frontage/backage roads." (3.03.02N)
This site was allowed to retain access via E. Fairview Avenue with development in Ada County. A
cross -access easement exists to this property from the property to the east.
"Explore options to annex County parcels that are contiguous with City limits to allow for
more efficient provision of City services." (3.04.01F)
This site was previously provided with City water and sewer service with the stipulation the
applicant apply for annexation into the City.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zoning District:
Commercial: The purpose of the commercial districts is to provide for the retail and service needs of
the community in accordance with the Meridian Comprehensive Plan.
B. Schedule of Use: UDC Table I 1-2B-2 lists the principal permitted (P), accessory (A), conditional
(C), and prohibited () uses in the proposed C -G zoning district. A restaurant is listed as a
principal permitted use sand a drive-through establishment is listed as a conditional use in the C-
G district when it's within 300 feet of a residential district or an existing residence and is subject
to the specific use standards listed in UDC 11-4-3-11, Drive -Through Establishment. However,
because the existing use was approved in the County, no further approvals are required in the
City.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table I 1-2B-3 for the C -G zoning district.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
The applicant proposes to annex 0.36 of an acre of land into the City with a C -G zoning district
consistent with the Commercial Future Land Use Map designation for the property.
The legal description submitted with the subject application is included in Exhibit C and shows
the boundary of the property proposed to be annexed and zoned. The property proposed to be
annexed is contiguous to land that has been annexed into the City and is within the Area of City
Impact boundary.
There is an existing restaurant with a drive-through (i.e. Sodalicious) on the site that was recently
approved in Ada County (Project #201701971 -MSP). A site plan is included in Exhibit A.2 that
depicts how the site was developed.
Services: City sewer and water services are currently being provided to this property. The
agreement for extension of sewer service (referenced in Section VI)requires the User to submit
an annexation application and enter into a Development Agreement (DA) with the City of
Meridian concerning the use or development of the subject property.
The sewer service agreement states that the DA will include requirements that the use of the
subject property comply with all provisions of the UDC and Meridian City Code, including those
provisions related to land use, specific use standards, landscaping, access, parking, and other
Sodalicious — AZ H-2018-0046 PAGE 4
Meridian City Council Meeting Agenda August 21?2088—P@gg"6bb69Q2
conditions as may be appropriate and necessary to carry out the policies of the Comprehensive
Plan, regulate the uses of property and structures within the City of Meridian, and protect and
promote public health, safety, and general welfare.
Access: Access is provided to this site via E. Fairview Ave. A cross -access easement exists to this
site from the property to the east. Staff recommends a reciprocal cross -access easement is granted
to the property to the east (parcel #S1 107120655) in accord with UDC 11 -3A -3A.2 as a provision
of the development agreement; however, it may not be feasible at this time to utilize the cross -
access due to the location of the billboard sign. Because parking for the site is located at the
northwest comer of the site along the west boundary, staff does not recommend a cross -access
easement is provided to the west.
Non -Conforming Use: There is an electronic billboard that exists along the east boundary of this
site that was a permitted use under Ada County ordinances. Upon annexation, the billboard will
be considered a non -conforming sign as billboards are prohibited within the City. As such, the
sign is allowed to remain subject to the provisions for non -conforming signs set forth in UDC 11-
113-6; repair or replacement of LED digital faces on the sign does not constitute replacement or
removal of the sign or sign structure as described in 114 B-6 and noted in the Agreement for
Extension of Domestic Sewer Service. Note: When the City Council approved the agreement to
provide sewer service to this property, they did so without requiring a sunset clause on the
billboard sign.
The street buffer along E. Fairview Ave. is also non -conforming to UDC standards at 10 feet in
width; the UDC requires a 25 -foot wide street buffer along arterial streets. Because the buffer was
previously approved by Ada County, a wider buffer is not required to be provided with this
application.
Certificate of Zoning Compliance (CZC): Because development of this site was approved in
Ada County and no expansions of the use or changes to the site are proposed with this
application, staff does not recommend a CZC is required to be submitted for the existing use.
However, the owner is required to obtain a new Certificate of Occupancy from the Building
Department for the existing use.
Staff has included recommended DA provisions in Exhibit B in accord with the analysis above
and the sewer service agreement.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Site/Landscape Plan Approved by Ada County
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
D. Required Findings from Unified Development Code
Sodalicious — AZ H-2018-0046 PAGE 5
Meridian City Council Meeting Agenda August 21?Q088—P@gg"S2)b69G2
Exhibit A.1: Vicinity/Zoning Map
Meridian City Council Meeting Agenda August 2120088—PlRgge68g3)b5902
Exhibit A.2: Site/Landscape Plan Approved by Ada County
4
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Meridian City Council Meeting Agenda August 21?2088—PlRgg"ftb69f32
FIT--
-2-
Meridian City Council Meeting Agenda August 21?2088—PlRgg"ftb69f32
1*1401t "; I Mi
1. PLANNING DEPARTMENT
1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six (6) months of the City Council granting annexation. The DA shall,
at minimum, incorporate the following provisions:
a. The subject property shall comply with all provisions of the UDC and Meridian City Code,
including those provisions related to land use, specific use standards, landscaping, access, parking,
and other conditions as may be appropriate and necessary to carry out the policies of the
Comprehensive Plan, regulate the uses of property and structures within the City of Meridian', and
protect and promote public health, safety, and general welfare.
b. City acknowledges that a nonconforming electronic outdoor advertising sign is installed on the
Subject Property. Such nonconforming sign may remain on the Subject Property subject to the
provisions for nonconforming signs as set forth in Meridian City Code section 11-1B-6, as such
section exists on the date of execution of this Agreement, a copy of which is attached hereto as
Exhibit B. The parties agree and acknowledge that repair or replacement of LED digital faces on
the outdoor advertising sign does not constitute replacement or removal of the outdoor advertising
sign or sign structure as described in Section 11-1B-6 as set forth in Exhibit B.
c. A cross -access easement shall be recorded granting access to the property to the east (parcel
#S1107120655) in accord with UDC 11 -3A -3A.2. A copy of said easement shall be
submitted to the City prior to issuance of Certificate of Occupancy.
d. The applicant shall obtain a Certificate of Occupancy from the Building Department for the
existing use upon annexation of the property into the City of Meridian.
e. The owner shall comply with the terms of the Agreement for Extension of Domestic Sewer
Service outside Meridian City Limits #2017-095482, 1" amendment #2018-001828, and 2nd
amendment #2018-012303 included as Exhibit "—" in this agreement.
2. PUBLIC WORKS DEPARTMENT
2.1 The Public Works Department has no comments on this application.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comments on this application.
5. PARKS DEPARTMENT
5.1 The Park's Department has no comments on this application as no pathways are depicted on the
Pathways Master Plan for this site.
6. ADA COUNTY HIGHWAY DISTRICT
This application is for an annexation and rezone only. Listed below are some site specific conditions of
approval that the District may identify when it reviews afuture development application. The District may
add additional conditions of approval when it reviews a specific development application.
-3-
Meridian City Council Meeting Agenda August 2122088—Pftg"ftb69132
6.1 Site Specific Conditions of Approval
6.1.1 Dedicate additional right-of-way on Fairview Avenue to total 62 -feet from centerline. This segment of
Fairview Avenue is listed in the CIP, so the applicant will be compensated for right-of-way dedication.
6.1.2 Relocate the sign that is located near the west property line a minimum of 62 -feet from centerline of
Fairview Avenue.
6.1.3 Access to Fairview Avenue is approved as temporary full access, and may be restricted to right-in/right-out
at any time, as determined by ACHD.
6.1.4 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit.
Please contact the ACHD Planner (see below) for information regarding impact fees.
6.1.5 Plans shall be submitted to the ACHD Development, Services Department for plans acceptance, and impact
fee assessment (if an assessment is applicable).
6.1.6 Comply with the Standard Conditions of Approval as noted below.
-4-
Meridian City Council Meeting Agenda August 2122088—P@ggM5fbt)6902
Exhibit C: Legal Description & Exhibit Map for Annexation and Zoning Boundary
1450 Ent Watertower St
IDAHO Suite 130
SURVEY Maidmin, WELho 83642
GROUP Phone (M) WB570
FAX, (200) 884-5399
1035 E. Fairview Avent�
Annexation Descriptim
Niarch 1Z 2018
A parcel of land situated ki the Northwest 114 of the Northeast 1/4 of Section 7, TnwaOlp 3 North�
Range 1 East of the Boise Merldlert, City of Merkilan, Ada County
Idaho and more particulady described
as
Commencing at the North 1/4 comer of said Section 7 fmmwbkh the Northeast comer of said Section 7
bears, South 89028V611 East, Z,6411 feet;
Th"ce Wongthe North boundary of -said, Section 7, South 99'29W Fast, $31(0 feet to the POINT OF
OEGINNMG;
Thence leaving sold North boundary, North OV114'58" East, 15.98 feet to the centerline OF, Fairview
Ave aS "Wo on the 011ficlat plat of U.S. 30-PrOject No. F-3291(5) Highway Survey on time In the office of
the Department of Ifthways of, the State of Idaho-,
Thence along sold centerline, 95-01 feet Easterly along the arc of a t to the right having a radius of
57,295180 feet, a central angle of0Q'W06% and a long chord which bears North 89'SVOO" East, 8521
feet"
Then" leaving sald renterline, South W'3W58" West 11612 feet-,
Thence North 9T28'06"'West, $540 feet,
Thence North W3*58' East, 170.00 feet to tine POINT OF 805INNING.
Said par"I contains 15,849 square fit or 036 acres, more or less,
This description was prepared usft record data as show" on Record of Survey No. 481, recorded as
Instrument No. 8334545, re ods of Ada County, Idaho and was not verified with a survey on the ground
by Idaho Survey Group, LLC
End of Description.
Page I of I
-5-
Meridian City Council Meeting Agenda August 2122088—P9gg"6bb5922
JL
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SCALE: 1 40'
IAS OF BEARING
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E. FAIRMEW AVE C1 (US,. HWY 30)
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IDAHO 14M P- mlormwp wrl EXHIBIT DRAMNG FOR
amElm, 1035 E. FAIRMEW AVE. — ANNEXATION
SURVEY mmam, mpm ww
GROUP, LLC tatm 1,#' THE sw t# cr tim mt 114 or $RAW T� 1,34" xmax
mm,QbW-ft, *A140
-6-
Meridian City Council Meeting Agenda August 21 2088—P9gg"58)b6992
IBM
D. Required Findings from Unified Development Code
1. ANNEXATION & ZONING/REZONE (UDC 11 -5B -3E)
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The, City Council finds that the proposed map amendment to the C -G zoning district is
consistent with the existing use and Comprehensive Plan FLUM designation of Commercial
for this site. (See section VII above far more information)
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the C -G zoning district is
consistent with the purpose statement of the commercial district as detailed in Section V111
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment should not be detrimental to the
public health, safety, or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-511-1E).
The City Council finds the proposed annexation and zoning of this property is in the best
interest of the City if the applicant complies with the provisions in the Development
Agreement included in Exhibit B.
-7-
Meridian City Council Meeting Agenda August 2120®88 PlRgg"89)b6992
MERMIAN CITY CODE SECTION I 3- l B-6
I MA -i, I] EFIt'+li'I'TOMS:
Nonconforming Sign: A sign, sign structure, or lase of a si,gal lawfully existing pdor to January )'2010'
haat that sloes aao't now conform to the dimensional and/or locational standards for the district in wbloh it is
located.
11. -IB -6 NONCONFORMING SIGN;
A. Except asset forth in subsection B of this section, to nonconforming sign shalllose its noxlconforming
.status and may become an illegal sign if ally of'the, following ocoaar;
1, The sign and/or sign structure is moved.
2. The sign and/or sign structure is replaced and/or removed 1'o • any period of time,
2. There is a change in cessation of, and/or abandonment of the use of the property, or any portion
thereof, on which the ,sign Land/sir sign structure is located.
4. There are alterations or ejilar, eMerits to the site or buildhig on the property in excess of twenty
five pereeiit. (25%) or more of the existing site or building. The amount of alterations and/or
enlaargements shall be cumulative over time.
5. The sign and/or sign, straottare is damaged to the extent of more than fifty percent (50%) of its
replacement value,
B, Any nonconforming sign that is subjeet to (lie Idaho Code section 40-191 OA related to the removal of
off premises outdoor advertising along state highways shall lose its nonconformingstatus and may
become an illegal sign if any of the f'oll",ing occilr
1. The sign and/or sign structure is moved.
2. The sign structure is replaced anal/or removed for any period of time.
C. Where a noncoaaforming sign becomes an illegal sign, the owner of'the property on which the illegal
sign is located 'Multi,
1. Remove the sign within ,sixty (60) stays,
2, Bring the sign into Rall compliance with this title within sixty (6+0) days, or
. Submit a complete application for conditional use approvaal witl-du thirty (30) days and
subsequently gain approval reinstating the lana conforming status of the sign. If the conditional rase
is not approved, the owncr of the property on which the sigii is located shall remove the sign
-within thirty (30) days,
Sodalicious H 2018-0046 Exhibit C to Development Agreement
Meridian City Council Meeting Agenda August 21, 2018 — Page 460 of 902
EXHIBIT "Dff
RECORDING REQUESTED BY AND
WHEN RECOROaD RETURN TO
City Clark
011yofmorldlan
3,3 E. Broadway Avenue
M�ddlan, ID 83642
ADA COUNTY RECORDER Christopher D. Rich 2017-095482
BOISE IDAHO Pqs=8LISA BATT 1011012017 08:10 AM
CITY OF MERIDIAN, IDAHO NO PEE
AGRE EME NT FOR EXTENSION OF DOMESTIC SEWER: SERVICE
OUTSIDE MERIDIAN CITY LIMITS; 1035 E. Fairview Avenue
This AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE OUTSIDE
MERIDIAN CITY 'LIMITS C'Agreoment") is made this 3rd day Of October _, 2017 C'Effective
Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the
State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho {Hereinafter "City"), and
Alturas Properties, LLC, formerly laiown as Hat ' Hansen Properties, LLC, an Idaho limited liability company
whose niailingaddress is 435 E. Shore Dr., Suite 210, Eagle, Idaho 83616 (hereinafter "Use?')
(collectively, "Parties"),
WIJE RE AS, User is the owner of parcel number S 1107120677, located at 1035 E. Fairview
Avenue, Meridian, Idaho Ada County, Idaho, as depicted in Exhibit A hereto (hereinafter "Subject
Property"), which real property is located outside of Meridian City limits,
WI -MIRE AS, the Subject Property is already connected to the City water system, and User
requests to connect the Subject Property to the City sewer system,
WHE REAS, City is alltliorized by Idaho Cade section 50-332 to operato and maintain domestic
sower system -i, and the City does exercise such authority, including by the adoption and onforoenient of
Title 9, Chapter 4, Meridian City Code;
WHEREAS, User intends to submit a development application to Ada County for a drive-through
restaurant ;;the "Anticipated Use);
WBE RE AS, pursuant to the terms of this Agreement, the User understands that upon completion
of necessary approvals associated with the Anticipated Use, the User will be required to file development
applications and apply for annexation and a zoning designation consistent with the City of Meridian
Comprehensive Plan then in effect within sixty (60) days of the execution of this Agreement, unless
otherwise extended as provided herein; 7
NOW, THERE FORE, , for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed, and in consideration of the inutual promises and covenants herein
contained,and in consideration of the recitals above, which are incorporated herein, the Parties agree as
follows:
I. COMM LTAP,,NTS BY CITY.
L_
A. Provision of Services, At',all tinies, relevant hereunder, City shall provide sower and water
services to the Subject Property, subject to the tennis and conditions of this Agreexw-,nt and any
and all applicable laws and City ordinances,
AGREEMWT FOR BXTBISISTON OF SDIV13R SHVIC13
00TSIDH MERIDIAN CITY LMTS -10'35 8.17A11tVJJ3WAVP, PAGE I OF 7
Sodalicious - H 2018-0046 - Exhibit MVJW&�VWgNMeyftAugust 21, 2018 - Page 461 of 902
B. Billing. City sliall bill User monthly for sewer and water usage according to the metering,
accoutlthig, mid billing system in place under Meridian City Code and the policies and practices of
the City of Meridian.
C. Recordation. City shall record this Agreement, and shall submit proof of such recording to User,
It. CONUNUTAIENTS BY USER.
A. Payment for City serAos. User shall be responsible for �ilfllling its obligation to pay to City
any and all costs related to sewer infrastructure construction, materials, and connection, including,
but not limited to, hookup,assessinent, motor installation, and inspection fees, Upon connection
to the City's sower system, Usershall pay to City all applicable -toes and costs for sewer and water
services provided, including, but not limited to, use -fees, as such are calculated and billed by City
its set forth herein and established by law or City ordinance, The exclusive remedy for disputes,
objections, or appeals regarding such fees and charges sbail be appealed to the Board of
Adjust under the procedure so( forth in Meridian City Coda, Notwithstanding any other
provision of this Agreement, this provision shall be binding upon Usor and upon any and all
:successors in interest of User and/or to the Subject Property,
B. No cross -connection. User shall abide by and comply with any and all applibable provisions of
Law, -which shall specifically include, but shall not be litniited to, compliance with Chapter 3, Title
9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which prohibit
the installation and/or maintenance of a cross -connection to the City's water system, This
provision shall be binding upon User and tipoii any and all successors iii interest of tserind/or to
the Subject Property.
C. Annexation and development appReation. Withln-sixty (60) days of execution of this
Agreement, User shall, at Usor'8 sole expense, submit Annexation and Certificate, of Zoning
Compliance applications, for the Subject Property into the City of Meridian (the, "Applications"),
User's Applications shall be a cbmplete submittal of all City -required docuinonts, exhibits, and
fees that tire in efrectat the time of application. Such Applicatiots shall propose zoning
designations consistent with the Future Land Use Map designation of the City's Comprehensive
Plan. The, foregoing sixty (60) day limitation shall be extended upon it request in -writing and a
showing of good cause by User. "Good cause:' for purposes of this Section shall include delay not
within the control of User in connection. with User's submission for all applicable Ada County
approv- I
als, assoolatod with User's application for the Anticipated Use, City acknowledges that
development of the Subject Property in general accordance with the site plan attached hereto as
Exhibit B shall be acceptable.
D. Future devolopmefit agi-colnelit.'Usor,-ickiiowtedges that, pursuant to Idaho Code,section 67-
6511 A and the Meridian Unified Development Code (TTDC% as part of the annexation process,
User be required to enter into a development agrooment concerning the use or development of
the Subject Property, Such development agreement will include requirements that the use of
the Subject Property comply with all provisions of the UDC and Meridian City Code,
iticluding Those provisions related to land use, specific use standards, landscaping, access,
parking, and other Conditions as may beapp ropriate. and necessary to carry out the policies of
the comprehensive plan, regulate the uses of property and stroctures within the City of Meridian,
and protect and promote public hmilth, safety, and general welfare.
AO"81ABNT FOR EX113NSION OF SWER SLR VICr-
OUTSW131 MERIDIAN crry t.Wn-s— i0s 13, VAJRIENVAVtl WE 2 0117
Meridian City Council Meeting Agenda August 21, 2018— Page 462 of 902
t Ach n ml edge nien t of Non -Conforming Use, The City acloiowledges that, as of theEsSective
Date of this Agrecanent, an electronic outdoor advertising sign is installed on [lie Subject Propody,
and is a permitted use ondor current Ada County ordinances, Upon the Su0ject Propefty's
animation into, the City of Meridian, such sign shall become a rionconforming sign'Such
tionconforniing sign may remain on the Subject Property subject to the provisions for
nonconfornihig signs asset forth in Meridian City Code section 11-1 B-6, as such section exists on
the date of this Agreenmit, a copy of which is attached hereto agExhibilk The parties, agree and
aokiiowledge that repair or replac�einanf of LED digital faces on the outdoor advertising sign does
not constitute replacenient or removal of the outdoor advertising sign or,sign structure as
described in Section I I-113- as set forth in Bxhibit A,
F. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the City
to enter the Subject Property for the purpose of inspecting any and all sewer and/or water pipes,
connections, and related infrastruowre, Except as to routine meter readings or in the event of an
imminent or realized threat to the public health, safety, or welfare, City shall provide User at least
twenty-four (24) hours prior notice of such entry; such notice may be verbal or written and may bo
posted at the Subjoct Property,
Ill. GE NE RAI. PROVISIONS,
A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion
thereof, shall be a default hereunder, Ill the event of a default,, tile nort-defilulting party may serve
a written Notice of Default upon the deraulting party by (lie method set'forth herein. Except in
case of an imilinent or realized threat to the public health, safety, or welfare, the defaulting party
shall have fliftty (30) days following delivery of Such notice to etre or correct the default bolbre
the non -defaulting party may seek any remedy as provided hercin. Notwithstanding any other
provision of this Agreement, this provision shall be binding upon the Parties and upon any and all
,successors in ijiterest thereof,
BEiiforemneiit. This Agreement shafl be enforceable in ally court of coippefetit jurisdiction by
either City or User, or any respective succemor(s) in interest thereof, An action at law or in
equity, as appropriate, sboll lie to secure specific, performance of may covenant, agreement,
condition, commitnent, and/or -obligation set forth herein. In addition, remedies available to City
shall include, but steal I not be limited to, termination of sower and/or water service to User, to (Illy
successor(s) in interest, and/or to any sewer or water user located on the Subject Property.
C. Notices, Any notice, desired by the Parties or required by this Agreement shall be deemod
delivered after deposit in the United States Mail, postage prepaid, addressed as follows:
City: City of Moridian,
Aun: Public Works Department Director
33 E,'Broudway Ave.
Meridian, Idaho 83642
U."V: Altio-as Properties, LLC
435 B. Shore, Dr.,,Suite 2 10
Eagle, Idaho 83616
Dither Party may cliange its address for the purpose of this, scotion by delivering to the other Party
written notification of such chqnge, establishing a new address for noticing purposes, in,
accordance with the reqiiirements or this section.
AGREEMENT 'FOR 11INTENSTOIN OF SJ3WRR SfIRVIC13
OUTSIDJ! WRIPIAN CITY LIMITS - 1035 fl. VARVIRANt AVH PAGE 3 01; 7
Meridian City Council Meeting Agenda August 21, 2018 - Page 463 of 902
D.'Time is of the essence, The Parties acknowledge and agree that tinic is strictly of the Osselice
with respect to each and every terns, condition, and provision hereof, and that tho flailitre to timely
perforni any of the obligations hereundorshall constitute breach and default hereunder by the
Party so failing to perform.
R. Binding upou successors. Except as otherwisospecifically provided herein, this Agreenicat shall
be binding upon any and all owners of the Subject Property, any and all subsequent owners
thereof, and each And every other person acquiring an interest iii the. Subject Property. Nothing
heroin shall, or shall be construed to, in any way prevent the sale or alienation of the Subject
Property, Or any portion thereof, except that any sale or alienation shall occur.uibject to the
provisions of this Agreement, and any successive owner or owners shall be both benefited mid
bound by the conditions and restrictions heiahi "pressed.
F. Severability. if any provision of this Agreement is held invalid by a court of competent
jurisdiction, such provision shall be deerned to be excised herefrom and the invalidity thereof shall
not affect any other provision or provisions contained herein.
0. Attorney fees. Should any litigation be conimoiiced 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 fees as determined by such court, This provision shall be
deemed to be a separate oontract between the parties triad shall survive, haer alfa, any deflault,
termination, or forfelture of this Agreement
& Final Agreement. This Agreement sets forth all proniliscs, inducements, agreoments, conditions,
and understandings between City. and User relative to the subjeut matter hereof, atid there are no
Aron-lises, agreements, conditions, or u nderstand i jigs, either oral or written, express or implied,
between City and User, other than as are stated herein. Except as otliciiiisespeciricallypi-ovide(I
herein, no subsequent alteration, aftiondment, change, or addition to this Agreement shall be
binding as the Parties unless setforth. in writing and duly executed by both Parties or their
successors in interest.
`Non -waiver. Failure of either Party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or rolinquishinent of any Party's right to thereafter enforce
such term, and any right or re M-edy hereunder may be assertedalairy time after either party
becomes entitled to the bonefit thereof, notwithstanding delay in enforcement. All rights and
remedies herain enumerated shall be cumulative and none shall exclude any other right or remedy
allowed by law, Lilcowiso, the exercise ofany remedy provided for herein at, allowed by law shall
not be to ilia exclusion of any other remedy.
J. Compliance Nvith laws. Throughotit, the ootirse of this Agreement, the Parties shall comply with
all applicable laws, ordinances, and codes of Federal, State, and local governments, 'Phis
Agreement shall be governed by and construed and eniforcod in accordance with the law,s of the
State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to
the regulation, control, and use of its sewer and water systems, and any prospective amendments
to and/or recodifications thereof, are specifically and without limitation incorporated into this
Agreement as if sot forth fully heroin.
K. Advice of attorney. Bach party warrants and mprosopw that in exemitiag this Agreement, it has
received indepondmit legal adylee from its attorney or the opportunity to seek such advice.
AGREEIMENT1101k UUNSION OVSBWRIi 811,RVIICL-
OUTSIDEMPRIDIAN, CITY LIMITS— 10.15 H. PAIRVIEW AVC, PA01i I OV 7
Meridian City Council Meeting Agenda August 21, 2018— Page 464 of 902
Approv'a'l RequiviW-, Thig A&,qiiient shplt,wo 'bocome Mbettva or.,thfdin , ilifil aplnowd-by,the
City cowlall of the city oWerldba,
IN WITNEW '4iWHERE Or', 601?arLies hareto Nve executed diff Agrey mea-wthi ard *fty,of
October.. - __ 2017,
USM,
R -
ALTUMS PROPBRTIE's, LLU
an Idiiholhifited
vp
13 I'Ad Azfts6n, Matiager
CITY OF
Tm .. yd Wytv
STAT9.011 IDAT-10
Qb0my o r, 8, Le
I jimmv, Oil ifits &V 6f Se"I",
9031619.0 (40AA"Ji_QL2,1� Idgio
Mycqynmiplw Bxvlmm. — - 2,./ -1 ii.t'. � � -
'C011111y or.Ada
on
dMIA1
AammmeNtrog rsktftNotof4 QV
Amp,
thoto.h 11tis _`�`-(by of
mo its bo -the Mayor Affif City
V; thavo herefinto..,,tet my tend-mid.dOxed nv
Meridian City Council Meeting Agenda August 21, 2018 — Page 465 of 902
MOU'SOP !�
EXHIBIT A
MERMIAN CITY CODE SECTION I I -I B-6
11-1A-1:.DE,1FIN`1TTOMS-
Noncon-fornling Sign: A sign, sign structure, or -use of a sign lawfully existing prior to January 1, 2010,
but that does ncit now conform to the dimensional and/or locational standards for the district in YA1,jell it is
located.
11 -IB -6: NONCONFORMING SIGN:
A, Except as sot forth in subseclion B of this section, a nonconforming sign shall 1080 its 110110011fornling
,status and may become an illegal sign if any of (Ile following occur;
I . Thu sigh and/or sign structure is moved,
2. Tile sign and/or sign structure is replaced and/or removed for any period of time,
3. Thiene is a change in, cessation of, nand/or abandonment or the use of the property, or any portion
thereof, oil which the sign and/or sign stracture is located,
4. There are alterations or onlargements to the site or building oil the propert)t in excess of twenty
fli've percent (2X0/4)) or more of tile existing site or building. The, amount of alterations and/or
enlargements shall be otanuladve over tinge
5. The sign and/or sign structure is damaged to the extent of more than Fifty percent (501/1o) of its
replacement value,
13. Any nonconforming sign that is subject to the Idaho Code section 40-191 OA related to the removal of
off ptemims of advertisingalong state highways shall lose its nonconfoniling status and may
become an illegal sign if any of the following occur,
1. The sign,cand/or sign structure is moved.
2. The sign structure Is replaced andlor removed for -any period of time.
C. Where as nonconforniing sign becomes -,in illegal sign, the owner of the -property oil which the illegal
sign is located
I. Remove the sign within sixty (60) days;
2. Bring Ilse sign jilto full compliance with this title Mthin sixty (60) days; or
3. Sijbinit as complete appliaation for conditional use approval within thirty (30) daysand
subsequently gain approval reinstating the nonconforming status of the sign. If the conditional use
is not approved, the owner of the property oil which the sign is located shall remove the sign
within thirty (�O) days.
AQREP.h4LN,r goik uxieNgioN oi-sBweit sjmvicu
ou*rsiDr. MI? UDIAN CITY LIMITS --1035 K VA UR VIM AVE
Meridian City Council Meeting Agenda August 21, 2018 — Page 466 of 902
PAQr6tilt?
.1T
PROVISIONALLY APPROVED SITE PLAN
OUT 13 MERIDIANCITY LOWS —1 03Ut y t ��'u� Meeting; Agenda August 21, 2018;— Page 467 of 902 �"AGF.7 OF
R6CdRDJNG REQUESTED BYAND
WHEN RECORDIFD RETURN 71D.
00 Clark
City of Afetldla)l
33 E. BroadwayAvenu&
Meridian, 10 8$642
ADA COUNTY RECORDER Christopher D. Rich 2018-001828
BOISE IDAHO Pgs=2 LISA BATT 01108/2018 08:18 AM
CITY OF MERIDIAN, IDAHO NO FEE
IFIRSTAME"M)�,NYTO
&GRE E EENT FOR EXTENSION NSION OF DOMESTIC SEWER SERV110E
0-UTSIDE, MERIDIAN CITY LlMff S: 1035 E. Fairview Avenue
This FIRST AMENDMENT TO AGREEMENT FOR EXTENSION OF DOMESTIC SEWER
I 6-e
SERV -1 -CE OUT91DEMERIDIAN CITY LIMITS �'AgreemeiiV) is made th.1vi Z day of December
2017 ("Effective Date"), by and between the C4 of Meridian., a nnthlaipal corporation organized under
the laws of the State -of Iddho, whose address is 33 East Broadwdy Avenue; Moridi n Tditho (hereinafter
"City"), 4nd Ailturas Propeffles, LLC, formerly. *known as Hansen Properties 4 LLC, an Idaho limited
liability company whose mailing address, is 43.5 B. Shore Dr., Suite 210, Eagle, Idaho 83616 (hereinafter
"Useel) (c6lleofive'.ly, "Partios").
WHEIRE AS, the Parties, entered into that, certain Agmemen4fior tl wension of Dolneslic Selves
Set -vice Outside Meridian City Viniff: 1'63,5 R Fairview Avenue, executed on October' 3, 2017 (the
"Agreementl� and recorded in the records of Ada Co-prity against 1035 E. Fairview Avenue, Meridian,
Idaho, Ada County Parcel member ,Stl 071-20677 ('Subject Property"), yin October 10, 2017 -as tilstmmont
No. 2017-0492;
WHEREAS, the Agreement- authorized connection of'S'Ubjeot Property to the City's server system
on terms and conditions identificil in the Agreement, which terms included a requirement of apjiflcations
to the City for Annexation and -Certificate of Zoning Compliance Within sixty days of execution of
the Agreement;
Wilt, J2EAS, tTser has,in good faith, -pursued, all. necessary approvals fpr -the Anticipated Use in
Ada County, including 'submission of a. master site plan. a;pplicatfon to Ada County on October 4,20.1 7.
User 'has received master site plan approval for the Aft-ticipeaeo Qsei howeVer, not all building permits
have issued mid work has not yet completed to allow for County inspections and a certificate of
occupancy to is:sue-
-NOW, THEREFORE, FORE, for good .and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed, and ln_considoration�of the .mutual promises and covenants herein
conmthe4x and in,cohsideradbn ofthe recitals above.; which afe in'orporated hotein, the Parties agree as
follows;
I.,e
. gnexafloo and D6,plopiheqt XpOMid6n - Degidlige, Th Parties agree flat hat tile
timelineg identified in Section II.0 of the Agreement, ate hereby extended an additional sixty (60) days,
for a total of one hundred twenty (120) -days from the execution of the-Ag&-iiient.
2. Ideg-fifflicatid*of User, 'The -definition of "User ' is.herdby amended, as follows, toreflect
the current ownership of the Subject Property; "I Oth & FairvieW, LLC, stlecessor in interest to Altur4s,
Properti es, LLC, fQrni6fly- known as Rafison 'Properties,, LLC." By moution of -this First Amendment,
I .Oth &,Pafi view, LLC all rights, and obligations � of'Use.r under the Agreement.
F iRV AMPNOMENITTo A6xr*emFN'r i,,oR2kt8i4s1oN Ov SEWrR Si:RV105
OUTSIDE-MERIDTAN CITY`r,IMITS-1035 E. FAIRV8WAVE Nor., I OF 2
Meridian City Council Meeting Agenda August 21, 2018— Page 469 of 902
3. No Other Changes; Defined -Terms. The Agreement remains in full force and effect
except as explicitly modified herein. Any capitalized but anderined terms in this First Amendment shalt
have the same meaning as indicated in the Agreement.
—
IN WITNESS WHE RE OF, the parties hereto have executed this First Amendment on this S 4—
day of 20.17.
USER"
10"" & FAIRVIEW, LLC
an Idaho limited liability company
CITY OF ME RIDTAN -,
BY:
Tamirly eerd, Mayor
STATE OF IDA -10
ss:
County of
I HERE, BY C z1 TIFY that on this day of
before the underaigned, a Notary P v b I io in the i e St a thont2j, 610L,
personally appeared Blake Hanson, proven to rho to
be tile person who executed the said instrument, and
40kalowledged to me that he executed the sante.
IN W11 -NESS WHEREOF, I have hereunto set my ]land and affixed my
oqffal seat, the day,and year in this certificate first above written.
Idaho
MY
Attest
ay C , City Clerk
STATE, OF IDAHO
ss
County of Ada
I HEREBY CERTIFY that on this I r)"
J,4 -, day ofD-e-C-e—MbXn017
before the undersigned, personally appeared TAMMY de WEERD and
CJAY COLES, known or identified to me to he the Mayor and City
Clerk, respectively, of the City cif Meridian, who executed the instrument
on bolialf of the City of Meridian, and aoknowledged to me that the City
of Meridian exceutod the sante.
IN WITNESS WHEREOF, I ]save hereunto set my hand and affixed my
official seal the day and year in, this certificate first above written.
Notary Publief -tho
Residing at
Idaho
.slj Expires; 'e
My Commission Expires:
FIRST Am 13NDMENT'ro AGiw-.ivwNr I -OR Brm-NMON OF.Sr-W[N SERV[CF
OIM� ID04F,111DIAN CITYLIMITS— 1035 F-,'FktRVir-,xVAvr,
Meridian City Council Meeting Agenda August 21, 2018— Page 470 of 902
PAVW 2 or, 2
ADA COUNTY RECORDER Christopher D. Rich 2018-012303
BOISE IDAHO Pgs=2 BONNIE OBERBILLIG 0210912018 10:09 AM
CITY, OF MERIDIAN, IDAHO NO FEE
RECORDING REQUESTED BYAND
WHEN RECORDED RETURN TQ'
City cleric
City oWerldlan
335 Broadway Avenue
Merldlan, ID 83642
SECOND AMENDMENT TO
AGREEMENT NT FOR EXTENSION OF DOMESTIC SEWER R SE RVICE
OUTSIDE MEREDIAN CITY LIMITS: 1035 F. Fairview Avenue
This SECOND AMENDMENT TO AGREEMENT FOR EXTENSION OF DOMESTIC SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS ("Agreement") is made this
JR day of tle�n=
2018 ("Effective Date', by and between the City of Meridian, a municipal corporation organized un
the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter,
"City''}, and Alturas Properties, LLC, formerly known as Hansen Propoities, LLC, an Idaho limited
liability company whose mailing address is 435 E. Shore Dr., Suite 210, Efigle, Idaho 83616 (hereinafter,
"User") (collectively, "Parties").
WHEREAS, the Parties entered into that certain Agreement for Extension of Domestic Sewer
Set -vice Outside Meridian 'City Limits: 1035 E, Fairview Avenue, executed on October 3, 2017 (the
"Agreement") and recorded in the records of Ada County against 1035 F,. Fairview Avenue, Meridian,
Idaho, Ada County parcel number 51107120677 (the "Subject Property" ), on October 10, 2017 as
Instrument No, 2017-095482; W
WHEREAS, the Agreement authorized connection of the Subject Property to the City's Sewer
system on terms and conditions identified in the Agreement, which terins included a requirement of
applications to the City for Annexation and Certificate of Zoning OompliaDoe (collectively, the
"Applications") within sixty (60) days of execution of the Agreement;
WHEREAS, the Parties entered into that certain First Amendment to Agreement, or Extension of
Domestic Sower Service Outside Meridian City Limits: 1035 E. Fairview venue, executed December 12,
2017 (the "First Amendment"), whereby the requirement of submission of the Applications was deferred
for an additional sixty (60) days; and
WHEREAS, User has, in good faith, pursued all necessary approvals for the Anticipated Use in
Ada County and certificate of occupancy is expected in the, coming days; however, due to weather, User
has been required to bond around certain improvements, which Ada County bands are expected to be in
place beyond the timeframe identified in the First Amendment;
NOW, THEREFORE, for good and valuable, consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein
contained, and in consideration of the recitals above, which axe, incorporated herein, the Parties agree, as
follows: r
1. Annexation and DO eta meat A Plleation Deadline. The Parties agree that the
timelines identified in Section I1.0 of theAgreement are hereby extended to April 30, 20188.
SECOND AMENDMENT TO AGREEMENT FOR EXTENSION OF SEWER SERVICE
OUTSIDE MERIDIAN CITY LDAITS — 1035 R. FAIRViEw AVE PACE 1 OF 2
Meridian City Council Meeting Agenda August 21, 2018 — Page 471 of 902
No Other Chan es- D0011,04 -Terms- The Agreement re"'nains ii, full force and effect
Imit undefined terms in. this Second Amendment
except as explicitly modified herein. Any cap
shall have the saille, nicaning as iridicated in the Agreement.
parties hereto have executed thiF Secorid Ameudment Oil this
f IN WITNE SS WM RE'OF, the
714
day 2018.
,�k t
USFR#
I P & FAIRVIEW, UC
an Idaho Iiinited liability Coll'Pully
STATE Or IDAHO
County of
I mRBY mury that on this M 44Y Of
before tho undcrgigaed, A Notary Pub"O in, the state 0�rida
personally appeared Blake Han'se-11, proven to me to
be the perso" Who 4%zelited the said instrument, and
aeknowledged to me that he executed the same,
IN WITNESS WIIEREOF� I have horcuntoset illy hand and affixed MY
official seal, the day and year in this certificate first above written.
Notafy PLIblio for Idat{,10
Residing at C4Idaho
TAY coinmission c
CITY OF mL4 wDIAN:
Attest
BY-
'Farmmmy e. 6 rd, Mayor
dz
STATE OF UjArvu
County of Ada
ss
I HEREBY CERTIFY That on this flay of
before the =d TAM pasonally pp MY 40 and
o C.jAy COLVSed to me to be the Mayor and City
known or identified
Clerk, respectively, Of the City of Meridian, who exccUted, the instrument
and aelulowledged to me that the City
on behalf of the City of Moridiall,
muted the, same.
of Idezidian ox
IN WITNESS WHEREOF, I have hereuntoset n.1y hand and affixed my
f
official seal the day and year in this cc"tificatO first above written
Notary Qbiofor I aP Or I a Idaho
*0 Residing at
My Commission Expireg'
SEcO141> AKINI)Vlwr To AGRBEMFNf FOR EXTLNS'ON OF SV'WB'k SF-'L'VICF,
OuTsjt�p
'MV
'RIDIAN Crry LimITq — 1035 E. FAIRview Aw.
Meridian City Council Meeting Agenda August 21, 2018— Page 472 of 902
PAnE 2 OF 2