HomeMy WebLinkAboutCity Clerk ChecklistUTY CLERK FILE CHECKLISir-
Project Name: Locust Grove Plaza
Contact Name: Scot Halladay
Date Received from Planning and Zoning Department:
Planning and Zoning Level:
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
File No.
Phone: 884-8058
Hearing Date:
❑ Planning and Zoning Commission Recommendation
Notes:
City Council Level:
x❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
.• �
December 8, 2008
_1R
0 Approve 0 Deny
Hearing Date: January 13, 2009
December 10, 2008
12/22/08 and
❑ City Council Action: Approve ❑ Deny
❑ Findings / Conclusions / Order received from attorney on:
Findings / Conclusions / Order
❑ Approved by Council: _
❑ Copies Disbursed: _
❑ Findings Recorded
Development Agreement:
Sent for signatures:
Signed by all parties:
Approved by Council:
Recorded:
Copies Disbursed:
Ordinance No.
❑ Approved by Council:
C
C
,D
Resolution No.
❑ Recorded: Deadline: 10 days
❑ Published in newspaper:
❑ Copies Disbursed:
Notes:
01 /05/09
:
Ongirrel Res/CWYCert. trtinbbook
Copy Res / Copy Cart City CWk
City Erg—
CAY PI. —
City AA-"
Sterfrg Codifiers
Prgeat Fit
Depdy Ctrk
Copy Res / Onginal Cat
Ad. CouYy (CPAs)
D...
O 914n ebook
Copies t: City Clerk
Stele T. C—
T—, ArAia, Assessor
St." Co fi—
City Ad-"
City Ew—
city Plerner
Pr.pd fit
AppYoad (if gyp.)
De * Clerk
FY WYQ :
�0�opies Cfa. Apph M
Pr'gact
City E.9—
Gty Planer
Cffy AkaneY
Di,"Cbrk
,., ,gyp. P
RemNb Devebpi wit Agrvwrw6:
OngNel'.Fireprwf File
Capes to Apgi—
PWdfit
GAY Erg —
city Pima
Ci(Y Aft r
DW* Ctrk
(�E IDIAN,---..----
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
To insure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by: January 6, 2008
Transmittal Date: December 10, 2008 File No.: MDA 08-006
Hearing Date: January 13, 2009
Request: Public Hearing - Modify the Development Agreement for Locust
Grove Professional Office (Locust Grove Plaza)
By: Scot Halladay
Location of Property or Project: SWC of S. Locust Grove Road and E. Overland
Road
Joe Marshall (No FP)
David Moe (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Brad Hoaglun, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
Sewer Department
Sanitary Services (No VAR, VAC, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (CUP only)
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Bureau of Reclamation (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kuna Irrigation District
i y er s Ice • 33 E. Broadway Avenue, Mendian,
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
DECEIVED
C��fERIplerl
Type of Review Requested (check all that apply)
❑ Alternative Compliance
❑ Annexation and Zoning
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
❑ Conditional Use Permit
❑ Conditional Use Permit Modification
❑ Design Review
❑ Final Plat
❑ Final Plat Modification
❑ Planned Unit Development
❑ Preliminary Plat
❑ Private Street
❑ Rezone
❑ Time Extension (Commission or Council)
❑ UDC Text Amendment
❑ Vacation (Council)
Planning Department
& COUNCIL REVIEW APPLICATION
❑ Variance �A
C /`/drYLnJ�ey
19 Other , %t'y��./t_•✓1ayt1�C ��v .r��.� ,
Applicant Information
Applicantname: SG of
Applicant address: Z s-
Applicant's interest in property: ® Own ❑ Rent/ ❑ Optioned ❑ Other
Phone:
Zip: V365/GI,
Owner name: L� LSC ze S 1 1��92r1 Phone: ?L�- Fe_" 5 ZY
Owner address: Z. S y9 �T o (tom �+ P� S� , ' l D /Zip: 4/6,
Agent name (e.g., architect, engineer, developer, representative): �c. o� /7q 11cs�o .1
Firm name: �'c f 1 .�. C- 27�— '��5�'
/ Phone
Address: t' S�i' IS/a tom, N /O Zip:
Primary contact is: ❑ Applicant ❑ Owner ❑ Agent ❑ Other
Contact name: Get/ iGC arm t j Phone: Vlrt t /�vG7ZJ
E-mail: Cr`2l Fax:
Subject Property Information
Location/street address: /6
Assessor's parcel number(s): J / / 13 J / 0 OZ 6i Township, range, section: t�i E -<A" t• l �i (ir tala'kreage: / -e) 7
Current land use: /LAC Current zoning district: L_
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1
Project/subdivision name:
General description of proposed project/request: -1�
Proposed zoning district(s):
Acres of each zone proposed: Z %
Type of use proposed (check all that apply):
❑ Residential X Commercial ❑ Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable):_ f V/
Who will own & maintain the pressurized irrigation system in this development? 14X4
Which irrigation district does this property lie within? � G.�,/✓4 - rN,o�.a�.dy
Primary irrigation source: C. '2; Secondary: j.,' h ✓r e
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): _ Z 4-, 3 8C
Residential Project Summary (if applicable)
Number of
Number of common and/o ther lots:
Proposed number of dwelling unt (ft
1 Bedroom:
Minimum square footage of structure(s)
Minimum property size (s.f):
Gross density (DU/acre-total land):
Percentage of open space provided:
Percentage of useable open space: -
Type of open space provided in -
Number of building lots:
multi -family developments only):
2 or more Bed
(exct'--&arage):
Proposed building height:
Average property size (s.f.):
Net density (DU/acre-excluding roads & alleys):
of open space:
(See Owter 3, Article G, for qualified open space)
(i.e., landscaping, public, common;
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family
Non-residential Project Summary (if applicable)
Number of building lots: Other lots:
Gross floor area proposed: ) (3 , %6c Existing (if applicable): --d4A
Hours of operation (days and hours): G I . A) el�22 -] Cr r h s Building height: Z %
Percentage of site/project devoted to the following:
3 ° Z Landscaping: i /a Building: 1-i /- Paving: 3 C 7 /a
Total number of employees: 1 Maximum number of employees at any one time: / C
Number and ages of students/children (if applicable): /f/A Seating capacity: 4
Total number of parking spaces provided: e?- g Number of compact spaces provided:
Authorization
Print applicant name:
Applicant signature:
Date:
33 E. Broadway ASuite 210 • Meridian, Idaho 83642 e
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2 (Rev. 1114108)
Development Agreement Modification Narrative
1. Interest in Original Development Agreement: Locust Grove Plaza L.L.C. purchased the parcel
from Specialty Contracting after the development agreement was obtained.
2. Date of Original Approval of Development Agreement: The original Development Agreement
was approved August 20t' 2007.
3. Recordation date of Development Agreement and instrument number: The recordation date
was September 10, 2007. The recording number is 107126900.
4. Reasons for Development Agreement modification: At the time the original development
agreement was approved Specialty Contracting had a letter of intent from a potential anchor
tenant. The anchor tenant was of the medical profession and the office building was designed
around providing tenant space for medical / dental practices. Shortly after the development
agreement was obtained the anchor tenant decided not to proceed with signing a long term
lease. At this time the property was actively marketed to lease the space with the current
conceptual design of the building and also as a build to suit. The active marketing brought a
third party into the scenario to build an assisted living center. As the intended use of the
building is going to be different the approved development agreement needs to be modified.
An attached copy of the original development agreement with mark-ups of the changes has
been included
5. Supporting Information: The original conceptual site plan and elevations are included in
addition to the new proposed site plan and elevations.
`/'
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Specialty Contracting, OvAier/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this day of , 2007, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CITY, and Locust Grove Plaza
L.L.C. Speeialty Gentmefing, whose address 254823 Stokesberry Place, Suite A4105,
Meridian, Idaho 836426, hereinafter called OWNER/DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re -zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of the Meridian Unified Development Code, 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 re -zoning of the Property described in Exhibit A, and
has requested a designation of (L-O) Limited Office, (Municipal
Code of the City of Meridian); and
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 subject Property
will be developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE)
PAGE I OF 12
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 19'h day of June, 2007, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 OWNER/DEVELOPER deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their urging and
requests; and
1.10 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 development 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 re -zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presenthtion of the same requires otherwise:
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE)
PAGE 2 OF 12
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 Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Specialty
Contracting, whose address 25482-5 Stokesberry Place, Suite 105A
Meridian, Idaho 83642, the parties that own said Property and shall
include any subsequent owner(s) and developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re -zoned L-0 (Limited Office
District) attached hereto and by this reference incorporated herein as
if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
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 which are herein specified as follows:
Assisted living facility in a
offiees and eUnies in an building totaling annroximately
: tO, AN1,000 square feet in theproposed L-O zone on 2.48 acres, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this AZ 07-004 application.
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. Developer and/or Owner shall develop the Property in accordance with the
following special conditions:
1. That development of this property shall conform to the concept plan
prepared by The Land Group, Inc., dated February 9, 2007, labeled Sheet
ALL, as determined by the Planning Director or otherwise approved
through a Conditional Use Permit.
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE)
PAGE 3 OF 12
2. All existing structures have been properly removed from the
ro , reeenstfuetiens or- et
enlar-gefaeats to the existing single family s4fueture will be pefmitte
3. That prior to submittal for Certificate of Zoning Compliance, the existing
home shall be removed and all wells and septic systems abandoned.
4. That no building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure, or land be
established or changed in use without a Certificate of Zoning Compliance
(CZC).
5. That all parking areas, drive aisles, landscaping, sidewalks, lighting,
signage, building height and building setbacks for this development shall
comply with the applicable provisions set forth in the Unified
Development Code.
6. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
7. That the following shall be the only allowed uses on this property:
Principally Permitted uses within the L-O zone. A conditional use permit
to be obtained for the purpose of running an assisted livingfacilty.
8. That the hours of operation shall be limited to 6 a.m. to 10 p.m. Night
shift changes to be allowed as minimal traffic and activity will be seen.
9. That one office -type building maybe constructed on this site.
10. That the future effise building shall have a maximum size of
approximately4*0,990 square feet, and be restricted to a height of 35
feet. 30, o:)o
11. That Staff has reviewed a design review application for the future
building on this site. That said future office building shall provide:
variations in roof lines and either eaves, a sloped roof, parapets, and / or
cornices; a form of awning over all building entrances; at least 30% of the
street -facing fagades to contain windows; and at least two different types
of siding and accent materials. The structure shall be generally
compatible in appearance and bulk with the provisions listed above and
the elevations submitted, prepared by Ruby I Edwards: Architecture +
Design, dated November 11,th 20OR Apra& 007, as determined by the r-o .ta e ' Superscript
Planning Director or otherwise approved through a Conditional Use
Permit.
12. That a 25-foot wide landscape street buffer will be constructed adjacent
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE)
PAGE 4 OF 12
to Overland Road, and Locust Grove Road, located entirely outside of the
right-of-way. That alternative compliance has been granted for
construction of a concrete landing, retaining walls, and two stairways
within the required street landscape buffers. And, that said landscape
buffers shall be installed prior to receipt of occupancy of the office
building.
13. That a 20-foot wide land use buffer and 6-foot tall, vinyl perimeter
fencing, constructed in accordance with the UDC, will be installed along
the south and west property lines; that said land use buffers and fencing
shall be installed prior to receipt of occupancy of the e€€lsebuilding.
14. That the Applicant installs either bollards or cement posts in the
southwest corner of the lot parallel with the entrance to the site in a
manner that shall prevent any runaway vehicle on the entryway slope
from penetrating the property line to adjacent property.
15. That vehicular access to this site shall be restricted to one driveway to
Locust Grove Road, as approved by ACHD; no vehicular access to
Overland Road is approved.
16. That the Applicant installs any and all sewer mains, water mains, and/or
fire hydrants that are deemed necessary during construction plan review.
This may include water connections in both Overland and Locust Grove
Roads.
17. That the Applicant provides easements for all required sewer and water
mains that are not located within the right-of-way.
18. That the Applicant files a floodplain development application with the
City of Meridian Public Works Department prior to commencement of
work or improvement within the floodway or floodplain on this property.
19. That the Applicant pay Public Works development plan review, and
construction inspection fees, as determined during the plan review
process.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Owner/Developer or Owner/Developer's heirs, successors, assigns, to
comply with Section 5 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 Idaho Code § 67-6509, or any
subsequent amendments or recodifications thereof.
7. CONSENT TO DE -ANNEXATION AND REVERSAL OF
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE)
PAGE 5 OF 12
ZONING DESIGNATION:
Owner/Developer consent upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to -wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fails to
cure such failure within six (6) months of such notice.
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 Development Agreement and all other
ordinances of the City that apply to said Development.
9. DEFAULT:
9.1 In the event Owner/Developer, or Owner/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be modified or
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
9.2 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
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, 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 of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release
of this Agreement.
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE)
PAGE 6 OF 12
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by the 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.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Owner/Developer shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non -
breaching parry's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, 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.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code, to insure that installation of the improvements, which the
Owner/Developer agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Owner/Developer have entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de -
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE)
PAGE 7 OF 12
u
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. 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:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Locust Grove Plaza L.L.C.
25482-5 Stokesberry Place, Suite 105A
Meridian, Idaho 836462
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 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.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. 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
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE)
PAGE 8 OF 12
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. 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 of the Property, 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 its obligations under this Agreement.
20. 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
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.
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE)
PAGE 9 OF 12
m
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE)
PAGE 10 OF 12
M
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
SPECIALTY CONTRACTING
By:
CITY OF MERIDIAN
By:
Attest:
CITY CLERK
MAYOR TAMMY de WEERD
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE)
PAGE I I OF 12
STATE OF IDAHO,
ss
County of Ada, )
On this day of , 2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared ,
known or identified to me to be the of Specialty Contracting
and acknowledged to me that they executed the same on behalf of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
ss
County of Ada )
On this day of , 2007, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed
the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires: _
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE)
PAGE 12 OF 12
a
€
q
ICI I I I I Ip Specialty Contracting, LLCo
Igl I I I I I3 Locust Grove
w
I iFacility
HAssistedLiving
p 1695 S. Locust Grove,
13M
ruby I edwards:
architecture
+ design, p.a.
,ou Nome
Job Number
urown
Reverence urown
Scole
Dote
Locust Grove Assited Living =
080352
wle a
- 4)
10/28/08
e�
V ` �
LOCUST GROVE ROAD
a
[
�p Specialty Contracting�Eg
I`I I I I I I I I I o3
rt
+nc
a
Professional
Z Office Building
I�
i Zf
n E
Locust Grove & Overland Roads, Meridian, Idaho01
rt
0E 0 u 2008
File No.: MDA-08-006 "IT
-
i.s
CITY CLERK OF 1:CE
Project Name: Locust Grove Plaza
Request: Request to modify the Development Agreement for Locust Grove Professional
Office, by Scott Halladay
Location: Located on the Southwest Corner of S. Locust Grove Road and E. Overland Road,
in the NE I/4 of Section 19, UN., R.1 E.
Citv of Meridian Pre -application Meeting Notes Date- tolz81o8
Project/Subdivision Name:
Applicant/Contact: Sc-o +
City Staff: S5-n,l a, "+e
_
Location: KAS
Existing Zoning: L-o
Contiguous and Within AOI (AZ only):
Proposed Zoning: —
Number of Units and/or Lots:
Property Size: 1- SZ-1 a -"-es
Dwelling Type (if residential):
Surrounding Uses:
Comprehensive Plan Designation(s): oc-F, c'e.
Street Buffers and/or Land Use Buffers: 2o' lou f cer
-t-o uses 4-I s n q w e H
Open Space/Amenities/Pathways:
Street System/Stub Streets/Access:
Sewer and Water Service:
Topography/Hydrology/Floodplain Issues:
Canals/Ditches/Irrigation and/or Hazards:
History: Lows- - C Ywt � e ss-sY, I
�ft -01-ate 1 p s✓S - 01-0o Z a t_-r- co 1-�5�
Additional Meeting Notes:-Y-mo,4*y e, + 4- cL-U6w
use * C-F regvireA -For ax' ►s+cd live
L-Pe DeSCE Revi 1'eR v r ecj
S rtclarG�5 Ii S�-ed i� UDC I l- 3�A-1q C
A t t Brno---ti
Corifi cx�' pI i u-+ 1 de siy S+C"J'ard j
Other Agencies/Departments to Contact (circle):
Ada County Highway District Nampa and Meridian Irrigation Parks Department
Idaho Transportation Department Settlers Irrigation u lic Workc Dgp-�--men?
Sanitary Services Corporation Building Department
Central District Health Police Department Other:
Applications Required (circle all that apply):
Accessory Use
( esign eview'�
Alternative Compliance
Final Plat Modification
Annexation
Misc. (DA Modification)
Certificate of Zoning Compliance
Planned Unit Development
Comp Plan Map Amendment
Preliminary Plat
Comp Plan Text _Amendment
Private Street
onditional Use Perms—`'t ::�
Rezone
Additional Pre -Application Conference (circle one)
Anticipated Submission Date:
Required
Short Plat
Time Extension
UDC Text Amendment
Vacation
Vari7Km�dr
Othe�
Anticipated Hearing Date:
of Require
NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance with UDC 11-5A-5C, prior to submittal of an
application requiring a public hearing (except vacation and short plat). 2) Except for UDC Text Amendments, Comprehensive Plan
Text Amendments, Short Plat, and Vacation applications, all other applications requiring a public hearing shall be posted in
accordance with UDC 11-5A-5 D. 3) The information provided during this meeting is based on current City Code and
Comprehensive Plan. Any subsequent changes to City Code and/or the Comprehensive Plan may affect your submittal and/or
application. This pre -application meeting shall be valid for 6 months.
Locust Grove and Overland Neighborhood Meeting
11/13/2008
1
3 /11�-�� �Q u 06ual ,V
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
Applicant/agent signature Dat
RADIUS NOTICE REPORT
08-Dec-2008
Owners
AUSTIN ROBERT D & TERESA A TRUST
AUSTIN ROBERT D TRUSTEE
Property Address:
BAIRD BRUCE E
BAIRD PATTY G
Property Address:
BALL CHESTER M
BALL LOUCENDY A
Property Address:
BURKETT BOB F
BURKETT KATHERINE A
Property Address:
BUSSERT MICHAEL D
Property Address:
CAMERON MICHAEL J
CAMERON TEENA L
Property Address:
DUNN MILLIE
DUNN BRET
Property Address:
ERICKSON MARTHA
Property Address:
GRAYBURN PROPERTIES INC
Property Address:
FILE NAME: locust
Owner Address
1834 S LABRADOR PL
MERIDIAN, ID 83642-0000
locust
1689 S LABRADOR PL
MERIDIAN, ID 83642-0000
locust
1629 S LABRADOR PL
MERIDIAN, ID 83642-2467
locust
1573 E PEACOCK ST
MERIDIAN; ID 83642-0000
locust
1700 S LABRADOR PL
MERIDIAN, ID 83642-0000
locust
1632 S LABRADOR PL
MERIDIAN, ID 83642-0000
locust
1661 S LABRADOR PL
MERIDIAN, ID 83642-0000
locust
1594 E PEACOCK ST
MERIDIAN; ID 83642-0000
locust
2081 BUSINESS CENTER DR STE 265
IRVINE, CA 92612-0000
locust
1
Owners Owner Address
HINCKLEY N E
1582 E PUFFIN CT
BUCHAK SUSAN C
MERIDIAN, ID 83642-0000
Property Address:
locust
IMANA FAMILY TRUST
686 BRYAN AVE
IMANA OCTAVIO A TRUSTEE
SUNNYVALE, CA 94086-0000
Property Address:
locust
J01 NATAKIS JAMES L
1595 E PEACOCK ST
MERIDIAN, ID 83642-0000
Property Address:
locust
KOTTE CASSIDY OULD
1777 S LABRADOR PL
KOTTE CECILLA R
MERIDIAN, ID 83642-0000
Property Address:
locust
KULM JAMES E JR
1551 E PEACOCK ST
KULM WENDY G
MERIDIAN, ID 83642-0000
Property Address:
locust
LAFFOON KELLI J
1725 S LABRADOR PL
MERIDIAN, ID 83642-0000
Property Address:
locust
LOCUST GROVE PLAZA LLC
207 W 6TH ST
EMMETT, II7 83617-0000
Property Address:
locust
MENDEZ NEHEMIAS
1670 S LABRADOR PL
MERIDIAN, ID 83642-0000
Property Address:
locust
OVERLAND 16 LLC
6223 N DISCOVERY WAY
BOISE, ID 83713-0000
Property Address: locust
PATERNOSTER RYAN 1564 E PUFFIN CT
PATERNOSTER CARRIE L MERIDIAN, ID 83642-0000
Property Address:
locust
2
Owners Owner Address
ROBERTSON KELLY
1637 S LABRADOR PL
ROBERTSON KATHERINE L
MERIDIAN, ID 83642-0000
Property Address:
locust
SILVA HERBER
1791 S LABRADOR PL
MERIDIAN; ID 83642-0000
Property Address:
locust
SNOOKS BARRY J
1550 E PEACOCK ST
SNOOKS KATHY R
MERIDIAN, ID 83642-0000
Property Address:
locust
SPORTSMAN POINTE HOA
PO BOX 140273
BOISE, ID 83714-0000
Property Address:
locust
SPORTSMAN POINTE HOA
PO BOX 140273
BOISE, ID 83714-0000
Property Address:
locust
SPORTSMAN POINTE HOA
PO BOX 140273
BOISE, ID 83714-0000
Property Address:
locust
SPORTSMAN POINTE HOA
PO BOX 140273
BOISE, ID 93714-0000
Property Address:
locust
SPORTSMAN POINTE HOA
PO BOX 140273
BOISE, ID 83714-0000
Property Address:
locust
VAN AUKER RONALD W
3084 E LANARK
MERIDIAN, ID 83642-0000
Property Address:
locust
VAN AUKER RONALD W
3084 E LANARK
MERIDIAN, ID 83642-0000
Property Address:
locust
3
Owners Owner Address
VIERTEL EUGENE K
VIERTEL GERALDINE P
Property Address:
WAITE BRUCE A
WAITE EDITH M
Property Address:
WOOD BRETT A
WOOD JENNIFER K
Property Address:
WRINKLENECK PARTNERS LLC
Property Address:
1728 S LABRADOR PL
MERIDIAN, ID 83642-0000
1753 S LABRADOR PL
MERIDIAN, ID 83642-0000
1572 E PEACOCK ST
MERIDIAN, ID 83642-0000
3084 E LANARK
MERDIAN, ID 83642-0000
locust
locust
locust
locust
4