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CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUA~Ä~' 2°rrf 2006
~eridian
STAFF REPORT City~ouncil ~D /m'.:IF~k,?~Ce
Hearll1g Date: 1/24/2006 '-/VLtJrldlcfH ~/ ~,
.. ", " 1j),\HO }'
Mayor and CIty Councll. '(i~,ft.~~~" - I~/.--II
C. Caleb Hood, CUlTent Plmllill1g Manager ~-'(.!,~~-,~~,~~ "-r;!
Miscellaneous Application - MI-OS-O18
Request to Modify the Recorded Development Agreement for Cottonwood
Lane Annexation, by William E. Colson, Hugh D. Colson Revocable Trust
and Meridian Premier, LLC.
1. APPLICANT'S REQUEST & STAFF ANALYSIS
The applicants, William E. Colson, Hugh D. Colson Revocable Trust and Meridian Premier,
LLC, have submitted a Miscellaneous Application (MI) requesting modification to a
Development Agreement for approximately 8.6 acres located on the north side of Freeway Drive
and on the east side of Wells Street, just north ofInterstate 84, in the L-O (Limited Office) and
C-G (General Retail and Service Commercial) zoning districts.
The subject Development Agreement was entered into on April 26, 2005, and was recorded on
May 26,2005, as Instrument No. 105067164, records of Ada County Idaho. The applicant is
proposing a First Amendment by amending Section 1 "Recitals"; Section 4 "Uses Pennitted by
This Agreement"; Section 5 "Development in Conditional Use"; Section 7 "Compliance
Period/Consent to Rezone"; and, Section 17 "Notices" ofthe recorded Development Agreement
for AZ-04-029 (Cottonwood Lane Annexation). The proposed First Amendment to the
Cottonwood Lane Annexation Development Agreement is attached to the Staff Report (see
Exhibit A).
There are no required findings for a miscellaneous application/development agreement
modification. Below, staff has provided the most pertinent facts and analysis related to the
proposed development agreement modifications. Staff is recommending approval of the
applicant's request to amend the Development Agreement for Cottonwood Lane
Annexation. as modified by City Staff in Exhibit A.
The City has sent out notices of the subject request in accordance with the CUlTent
standards for public hearings (see Section 4, Process Facts, below for publication dates.)
The applicant is proposing to amend the specific sections listed in the recorded Development
Agreement (DA) for Cottonwood Annexation as follows (staffrecommendations in italics below
applicant's proposal):
.
Section 1 - Recitals
The recitals contained in the First Amendment will restate most of the infonnation in the
"Brief Background" section of the fist page of the recorded DA. This section will give
context to the readers ofthe First Amendment (the Who's, What's, When's, Why's).
Cottonwood Lane Development Agreement Mod - MJ-O5-018
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 24, 2006
Staff recommends that Section 1, Recitals, be approved as proposed in Exhibit A.
.
Section 4 . Uses Permitted by This Agreement
This section of the DA sets forth the use restrictions for this property. The intent of
this section was to capture the uses shown on the concept plan submitted with the
annexation application. However, the language in this section of the DA is
erroneous, as there is split-zoning on tins property, and difficult to interpret.
Section 4.1 of the recorded DA currently states:
"4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2
íQ which are herein specified as follows: Rezone of 8.58 acres from RUT to C-
G for a mixed use development to include a hotel or restaurant on Freeway Drive.
The balance of the development would include an office park behind the retail area
and mulit-family/apartments on a portion of the land with frontage on Wells road
and to the east."
The applicant is proposing to replace the language noted above in Section 4.1 of
the DA with the following:
"4.1.1 The primary use on the property zoned C-G shall be a hotel, motel or
restaurant.
4.1.2 The primary uses on the portion of the Property zoned L-O shall be multi-
family developments and/or office centers."
Staff recommends that Section 4, Uses Permitted by This Agreement, be amended
in the First Amendment as proposed by the applicant in Exhibit A, with the
following change; rather than completely removing Section 4.1, staffrecommends
that the first part of Section 4.1 be amended to read:
"4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" ZaRing 01Wl'ltl1'lCC Unified Development Code codified at
Meridian City Code Section 11 7 2 (C) 11-2B-2 which are herein specified as
follows: 4.1.1 The primary use on the property zoned C-G shall be a hotel,
motel or restaurant. 4.1.2 The primary uses on the portion of the Property
zoned L-O shall be multi-family developments and/or office centers. "
.
Section 5 - Development in Conditional Use
Section 5 ofthe recorded DA currently states:
"5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted
to "City" an application for conditional use permit, and shall be required to obtain the
Cottonwood Lane Development Agreement Mod - MI-O5-018
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CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 24,2006
"City's" approval thereof, in accordance to the City's Zoning & Development Ordinance
criteria, therein, provided, prior to, and as a condition of, the commencement of
construction of any buildings or improvements on the "Property" that require a
conditional use pennit."
The applicant is proposing to replace the above-mentioned language in Section 5
of the DA with the following:
"5. DEVELOPMENT IN CONDITIONAL USE: If "Owner/Developer"
desires to construct any buildings or improvements on the "Property" that requires
a conditional use pennit, "Owner/Developer" shall obtain a conditional use pennit
in accordance with the then applicable Zoning & Development Ordinmlce criteria
prior to the commencement of construction of such buildings or improvements."
This section of the original DA erroneously refers to a submitted conditional use
permit application for this property. Staff recommends that Section 5,
Development in Conditional Use, be amended as proposed by the applicant in the
First Amendment (see Exhibit A).
.
Section 7 - Compliance Period/Consent to Rezone
This section of the recorded DA sets forth a two year period to complete all the
requirements set fort in Section 6 of the DA, which contain a requirement to
construct a multi-use pathway along Five Mile Creek and the City's standard
conditions of approval for an annexation application, including street
improvements, and other infrastructure improvements. The applicant believes that
this two-year period should be amended, as no specific project approval was
granted with the annexation approval, and this property has not begun the process
of subdividing (see Applicant's submittal letter.)
Section 7 of the recorded DA currently states:
"7. COMPLIANCE PERIOD/CONSENT TO REZONE: This agreement and
the commitments contained herein shall e terminated, and the zoning designation
reversed, upon a default of the "Owner/Developer" or "Owner/Developer's" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing
Development" of subject "Property" of this agreement within two years of the date
this Agreement is effective, and after the "City" has complied with the notice and
hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments
or recodifications thereof"
The applicant is proposing to replace the above-mentioned language in Section 7
of the DA with the following:
"7. COMPLIANCE PERIOD/CONSENT TO REZONE: The
"Owner/Deyeloper" shall comply with Section 6 entitled "Conditions Governing
Cottonwood Lane Development Agreement Mod - MI-05-018
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CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF JANUARY 24,2006
Development of Subject Property" upon the earlier of (i) the recordation of a final
plat for the "Property" or the applicable portion thereof, except for conditions that
are otherwise bonded for in accordance with City Code; (ii) the issuance of the
first building permit for the "Property" or the applicable portion thereof, except for
conditions that are otherwise bonded for in accordance with City Code, or (iii) four
(4) years of the date this Agreement is effective. If the "Owner/Developer"
defaults on the preceding obligation, the "City" may, after notice and hearing
procedures as outlined in I.C. § 67-6509 or its successor provision, rezone of any
portion of the "Property" not in compliance to any zoning designation selected by
the "City" that is consistent with the "City's" comprehensive plan in effect. In
such event, "Owner/Developer" hereby consents to such rezone pursuant to Idaho
Code § 67-6511A."
Staff believes that it would be difficult to enforce DA provisions through the
tracking of building permits. Therefore, staff recommends that provision (ii) of the
amended Section 7 be removed. Further, staff recommends that the default
provision at the end of this section be amended to allow the City Council to rezone
the subject property to any zoning district deemed appropriate at that time.
Because the amended Section 7 sets forth the requirement that the conditions listed
in Section 6 be met prior to recordation of a final plat or the issuance of a building
permit for the property, except for items that are bonded for with the City, staff
recommends approval of the amendment for this section of the DA, as amended by
City Staff (see Exhibit A).
.
Section 17 - Notices
The applicant is proposing to amend this section by inserting the current
Owner/Developers name and address and their legal counsel's name and address
as affected parties (contacts).
Staff supports an amendment to Section 17 of the recorded DA as proposed by the
applicant in the First Amendment document (see Exhibit A).
Staff' recommends that an amendment to the recorded Development Agreement fòr
Cottonwood Lane Annexation be approved, as shown in Exhibit A. including the
modifications proposed bv City Staff'above.
2. LOCATION & SURROUNDING USES
The subject property is located on the north side of Freeway Drive and on the east side of Wells
Street, in Section 17, Township 3 North, Range 1 East. The mailing address for this property is
985 E. Freeway Drive.
The following uses surround the subject property:
North - Medical offices, zoned C-G; Horse pasture, zoned RUT (Ada County)
South - Interstate 84; Single-family home (Magic View Subdivision), zoned RUT (Ada County)
Cottonwood Lane Development Af,,'Teement Mod - MI-05-0I8
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF JANUARY 24,2006
East - Fallon Greens Subdivision (3-lot commercial subdivision with a hotel and future office
lots), zoned C-G
West - Hotel, zoned C-G; Single-family homes (Magic View Subdivision), zoned RUT (Ada
County)
3. OWNER OF RECORD
The property owners of record are William E. Colson, Hugh D. Colson Revocable Trust and
Meridian Premier, LLC, and Bruce D. Thorn, has submitted the subject application.
4. PROCESS FACTS
a. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City
Code. It has been detennined by the City's Legal Department that a miscellaneous
application to amend a recorded development agreement will in fact require a public
hearing before the City Council.
b. Newspaper notifications published on: January 2nd and January 16th, 2006
c. Radius notices mailed to properties within 300 feet on: December 30th, 2005
d. Applicant posted notice on site by: January 13th, 2006
e. Section 4.2 of the recorded Development Agreement for Cottonwood Lane
Annexation currently states: "No change in the uses specified in this Agreement
shall be allowed without modification ofthis Ah'reement."
s. RECOMMENDATION:
Staff recommends that an amendment to the recorded Development Agreement for
Cottonwood Lane Annexation (see AZ-O4-029) be approved, as noted in Exhibit A, as
modified by City Staff. Staff further recommends that the Owner/Developer, Mayor and
City Clerk sign the First Amendment to the Development Agreement for Cottonwood Lane
Annexation, attached as Exhibit A, and record said document.
Cottonwood Lane Development Agreement Mod - MI-05-018
Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 24, 2006
Exhibit A
R"oonh"¡ Rcquo,"'~ Hy 'lie!
WI,.,. R"oo,, o~ R<:rnn w
ClLY(l(M.ri'~"1I
01(1 City -~tTu'noy'. Offeo
J) E LdahuAv".
Moridi'". Miho> EJM2
PARTIES:
"... R~d,"I! Po'!"".. no
N<II Writ. Abuvo 111;. Lin.o
FIRST AMENDMENT 1'0 DEVELOPMENT AGREEMENT
L
2,
City of Mc:ridian
Colson & Colson Construction Co.. Owne(/Dev~Ioper
THIS FlRST AMENDMEJI T TO DEVELOPMENT AGREEMENT (this
"Amendment") is made and entered into this__.- -- day of October, 2005, by and between
CITY OF MERIDIAN, a municipal corpoTation of the State of Idaho, hereafler cnlled
"CITY' ,and COLSON & COLSON CONSTRUCTION CO.. iIll Oregon corporation, whose
address js 2250 McGilchrist Street S.E., Salem, Oregon 97302, heæÌnafier caJled
"OWNERI11EVELOPER" -
J.
RECITALS
l.l
WHEREAS, "OWNERIDEVF.LOPER'. is the owner, in law and/or
c::quity, nf certain tract ofland in the County of Ada, State ufld.al]o,
described in Exhibit "A" for each owner, which is aHachE'd hereto and
by this n:ference incorporated herein as ifset forth in full, herein afte,
refeJTed to as the "Properly"; and
1.2
WHEREAS, "City" and "'OwnerlDcvelopcr's" preclecessor-in-
interest entered into a that certain devc1opment agreement restricting
the use and development of the Pl'Opmy, dated April 26, 2005 and
recorded in the real propcrtyrecords of Ada County on May 26, 2005
as Instrument No. 105067162 (the "Development Agreemcnt"),
1.3
WHEREAS, the Development Agreement contains certain eno!".'> and
provisions not contemplated in the entitlement approvals for the
"Property."
1.4
WHE RI<: AS , the parties desire to amend the Development
Agreem~l1t to COtTcct those errors and provisions, and update the
"'Owner/Developer's" addre.ss foT notices.
NOW, TIIERF.FORE, for good and valuable consideration, the rcceípt and
sufliciency of which is hereby aclmöwlcðged, the parties amend the Dcvelopmcril Agrecment
as follows:
FJRST AMENDMß"iT TODEVELOPMI'.N1' AGREBME"NT- CO1TONWOOO LANE (AZ.04.029)
"""~""-"._'---'--'--""""--"'--" .,..,
Exhibit A - MI-05-0 18
PAGE! OF .5
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 24, 2006
t.
2.
3.
Delete Section 4 in Us endrcty and replatc with the followin~:
"4.
USES PERMUTED BY THIS AGREEMENT:
4.1
The uses aUowed purSuant to this Agreement are only those \¡ses
allowed under "City's" Unified Development Code codified at
Meridian City Code Section I ¡ -213-2 which are herein specified us
follows:
4.1.1
The primary use on the property zoned C.G shall be
8 ht)tel. motel or restaurant.
4.2
4,1.2 The primary uses OD the portion or the Property
zoned 1..0 shall be multi~family devel°l,ments
and/or office centers."
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement"
Delete Sedlon S In itS endrety and replace with tbe fc:dlowing:
"5-
DEVELOPMENT IN CONDITIONAL USE. If "OwnerlDeveJoper"
desires La construct of any buildings: or improvenlcnts on the "Property" that
require a conditional u.<¡e pcnnÌl, "Owner/Developer" shall obtain a
conditional ulle permit in accordance with the then applicable Zoning &
Development Ordinance criteria prior to lhe commencement of constmctilJIJ
of -"uch buildings or improvements."
Delete SectIon 7 in Its entirety and replace with the following:
"7.
COMPLlANCJi: PERIOD/CONSENT TO REZONE: The
"Owner/Developer" shall comply with Section 6 entitled
"Conditîol1$ Governing Development of Subject Property" upon the
earlier of (i) the recordation of a final plat for the "Property" or the
applicable portion thereof. exJ.:ept fnrronditions that are othenvise
bonded for in accordance with City Code; or. (iî) four (4) years of
the date this Agreement is effective. If the "OwnerlDevelopcr"
defaults on the preceding obligation, the "City" may, atter notice
and hearing procedures as outlined in I.C. § 67-6509 or its
successor provision. rez.one of any portion of the "Property" not in
compliance to any zoning designation selected by the "~ity." Tn
FJRST A\Œ(I;l)MENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-f)4-029)
PAGl::2 OF 5
Exhibit A - MI-05-0 ] 8
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 24,2006
slich event, "Owner/Developer" hereby comrents to 8ueh !e7.0I1,C pursuant to
Idaho Code § 67-6511A."
4.
Delete Sectloq 17 In its entirdy and replace with the following:
"17- NOTICES: Any notice desired by the parties and/or required by tills.
Agreement shall be deemed delivered irand when pcrronally delivered or three (3)
days after deposit in the United States Mail, registered or certified mail, postage
prepaid, return rceeipt requested, addressed as follows:
CITY:
OWNERIDEVELOPER:
e/o City Engineer
City of Meridian
:n E.ldaho Ave.
Meridian, ID 83642
Colson & Colson COllstnJction Co.
Attn: Robin Boyd
2250 McGilchrist Street S.E.
Safem, Oregon 97302
with copy to:
with a copy to:
City Clerk
City Of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Fmnklin G, Lee
Givens Pursley LLP
601 W. Bannock Street
Boise, Idaho 83702
17J
A party shaH have the right to change its address by delivering to the
other party a written notifieation thereof in accordance with the
requirements of this section."
S. DevelopoteD[ Agreement Remains in Force. Except as modified by this
Amendment, all tenus and conditions of the Development shall remain in fulJ force and
effect. All defined teMs in the Developmcnt Agreement shall have the same meaning in this
Amendment
lend ofte"t; signature page to follow)
FIRST AMENDMF.N] 'ro DEVELOPMENT AGREhMENT - COTTONWOOD LANn (A2'rO4-02.9)
PAUE 3 OJ; 5
Exhibit A - MI-05-0l8
Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 24, 2006
, IN wr:fNESS 'WHEREOF. the partìes have herein executed this ArIJlJndm~nl and
made It cffeetlVù <IS hereinabove provided.
OWNERfDEVEI,OPER:
COLSON & COLSON CONSTRUCTION CO.,
an Oregon eorporation
By:
Williu~' <;. Cols~;--'
Managing General Partner
,,--.--.. ",,-
CITy OF MKRIDIAN
By:
MAYOR-TAMMY de WEEíÜ~---
ATTEST:
CnYCLERK.~--~"" --
fIRST AMEi'IDMBNT TO DliVELOPMENT AGREEMENT - CÖ'nONWOOD LANE (AZ.Q4.019)
PAGE 4 on
'-"'"---'-----------'-""
Exhibil A - MI-05-0 18
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 24,2006
('
STATE OJi._---- )
)ss
COUNTY OF - }
On this. - day of --. -'"'---, ---' in the year 2005, before me, 4 Notary
Public in and for said Sate, ¡x."Tsonal1y appeared William E. Colson., known or identified to
me to b~ the Managing General Pamter of COLSON & COLSON CONSTRUC:rION CO.,
an Oregon eorporatiol1, and the person who executed the instrument and acknowledged to me
that he executed the same on behalf of said eOfporatioT1.
(SEAL)
'------"'-""'-"
Notary Publie for . "-..- -~
Re5i<lingat:~,---- --.,
Commission expires: ,,-
STATE OIl IDAHO)
County of Ada
: S5
)
On this__- day of - --- --' in the year 2005, befÜrc
me. a Notary Public, persona11yappeared T armny de Weerd and William G. Berg, Jr., lmown
or identifi6d to l1Ie Lo be the Mayor and City Clerk, respectively, of the CityofMeridian, "'~}lU
exceuted the instrument or the person that executed the iniltrumenl ofbehaJf of said City, and
acknowledged to me that such City executed the same.
(SEAL)
-...~~....,..,.-
Notary Public for Idaho
Residing at: .. "
Commission expires: -,..
FIRST AMENDMENT TO DF.VELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-04..029)
J>AGE50F5
'""-----..---",,,..,............,.. ..---
Exhibit A - MI-05-0J 8
Page 5