HomeMy WebLinkAboutCedar Springs Prof. Ctr. MI
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 04/06/06 02:15 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City 01 Meridian
AMOUNT
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42
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106052778
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SECOND ADDENDUM TO 4.1 "USES PERMITTED BY THIS AGREEMENT"
OF THE DEVELOPMENT AGREEMENT" (CASE NO. AZ-00-019 FOR NEW
CASE NO. MI 05-008)
PARTIES:
1.
2.
3.
City of Meridian
Lynn A. Brown, Developer
Robert W. Montgomery, Owner
The following is an addendum to that certain DEVELOPMENT
AGREEMENT, entered into on the 6th day of May, 2002, and that certain First
Addendum to Development Agreement dated the 28th day of April, 2005. This addendum
is made and entered into this 2 t::¡ ~þ day of /'/'r /V1,vJL,. , 2006, by and
between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter
called "CITY', and LYNN A. BROWN, whose address is 355 S. 3rd Street, Boise, Idaho
83702, hereinafter called "DEVELOPER" and Robert W. Montgomery, whose address is
12 Varsity Circle, Rancho Mirage, Califomia 92270, hereinafter called "OWNER".
OWNER and/or DEVELOPER agree to be bound by the tenus of the
original Development Agreement (instrument # 102067381), and the First Addendum to
Development Agreement (instrument #105058639) on the land described in Exhibit "A",
except as specifically regarding new land uses and hours of operation.
1. The parties hereto agree that the development of the property described in
Exhibit "A" shall be in accordance with the tenus of the above described
Development Agreement, exhibit "B", and the tenus of the First Addendum to
the Development Agreement, exhibit "C", or those City ordinances in effect at
that time any subsequent conditional use application is filed, whichever are
more restrictive.
2. That a Convenience Store use and 24-hour operation will be allowed only on
Lot 1, Block 25 of Cedar Springs Subdivision No.6, and shall not apply to all
five lots.
3. That "Owner" and/or "Developer" agrees to abide by all ordinances ofthe
City of Meridian and the "Property" shall be subject to de-annexation of the
"Owner" and/or "Developer", or their assigns, heirs, or successor shall not
meet the conditions of this addendum to the Development Agreement, and any
new Ordinances of the City of Meridian as herein provided.
4. This second addendum shall be binding upon and insure to the benefit ofthe
parties' respective heirs, successors, assigns and personal representatives,
including "City's" corporate authorities and their successors in office. This
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-008 CEDAR SPRINGS PROFESSIONAL
CENTER)
PAGE I OF 5
second addendum shall be binding on the "Owners" of the "Property", each
subsequent owner and any other person(s) 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 hereon 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" or "Developer", to execute
appropriate and recordable evidence of tenuination of this addendum if
"City", in its sole and reasonable discretion, had detennined that
"Owner/Developer" has fully perfonned its obligations under this Addendum.
5. If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this addendum
and the invalidity thereof shall not affect any of the other provisions contained
herein.
6. This addendum sets forth all promises, inducements, agreements, condition,
and understandings between "Owner" and/or "Developer" and "City" relative
to the subject matter hereon, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied,
between "Owner" and/or "Developer" and "City", other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this second addendum shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "City".
a. Except as herein provided, no condition goveming the uses and/or
conditions goveming development of the subject "Property" herein
provided for can be modified or amended within 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.
7. This addendum shall be effective as of the date herein above written.
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (Mf-OS-OOS CEDAR SPRINGS PROFESSIONAL
CENTER)
PAGE 2 OF 5
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and Made it effective as hereinabove provided.
PER
, (); Iv
OWNER
BY: ;-- ~
Robert W. Montgom
CITY OF MERIDIAN
B~
~
Mayor Tam
4--4--tJ6
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-008 CEDAR SPRINGS PROFESSIONAL
CENTER)
PAGE 3 OF 5
STATE OF IDAHO)
: ss:
County of Ada, )
. On this ;1:fL day of ~ 2006, before me, the
undersigned, a Notary Public m and for saId State, personally appeared LY¡ill A. Brown,
known or identified to me to be the person who executed this agreement, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
",'~è'~~~'tf.'~and year in this certificate first above written.
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STATE OF IDAHO)
: ss:
County of Ada, )
, On this ~ day of ß(LA/C!1-,. , 2006, before me, the
undersigned, a ~ublic in and for said State, personally appeared Robert W.
Montgomery, known or identified to me to be the person who executed this agreement,
and acknowledged to me that they executed the same.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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Not ub'c 0 h ,,'
Residing at: L!t?/~ I D çr/
My Commission Expires: 3-;27 ~ {J
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (Mf-OS-008 CEDAR SPRINGS PROFESSiONAL
CENTER)
PAGE 4 OF 5
STATE OF IDAHO)
: ss
County of Ada
)
On this 4ih day of Apn , ,2006, before me, a NotaI'Y Public,
personally appeared Tammy de Weerd and WilliaIll G. Berg, If., know or identified to me to
be the Mayor and Clerk, respectively, ofthe 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.
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Notary Public for Idaho
Residing at: fu1d It ìe 1 A I L D
Commission expires: 10-1 i-I'
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (MI.OS-OO8 CEDAR SPRINGS PROFESSIONAL
CENTER)
PAGE 5 OF 5
EXHIB IT A
!&s!!PescriDtion Of ProDertv
A parcel of land being a portion of the SB 1/4, Section 36, TAN.,
R.IW., B.M., Meridian, Ada County, Idaho, more particularly
described as follows:
Begimúng at a found 1h" iron pin marking the Southwest comer of
said SB 1ft, Section 36 (South 1/4 corner), THE REAL POINT OF
BEGINNING;
thence South 8~19'43" East 462.63 feet (fonnerly South 89°20'51"
East), along the Southerly line of said SB Yt, Section 36, and along
the center line of Ustick Road, to a set 5/8" iron pin and cap
marking the most Southwesterly comer of those lands excepted
from Parcell, as it is described in Quitclaim Deed Instrument No.
99123670, Records of Ada County, Idaho, from which comer a
found 3~l/4" Ada County Engineer Aluminum Cap, monumenting
the Southeast comer of said Section 36 bears South 89<»19'43" East,
2,199.57 feet, as shown on that certain Record of Survey No. 4958,
recorded April 21, 2000, as Instrument No. 100030102, Records of
Ada County, Idaho;
thence leaving said Southerly line and said center line North
00028'24" East, 258.01 feet along the Southerly extension of a an
existing North-South fence line, to a slight angle point in said fence
line;
thence North 01°18'10" East, 105.78 feet along said fence line;
thence North 01°59'18" East, 79.41 feet to an angle point in said
fence;
thence South 88°35'37" East, 4.11 feet along an East-West fence
line to a found S/8 inch iron pin and cap PiS 8248, being an angle
point in the Westerly boundary of said excepted lands from Parcel
1 of Instrument No. 99123670;
thence continuing South 88°35'37" East, 129.61 feet along a jog in
said Westerly boundary of those excepted lands, to a found ~" iron
pin;
thence North 01°25'10" East, 886.69 feet (formerly North
01°24'08" East, 886.62 feet), along said Westerly:1ine of those
excepted lands, to a set 5/8" iron pin and cap, marking the
Northwest comer of said excepted lands, being a point on the
Southerly line of the N ~, SE JA, Section 36, from which point a
found ~"iron pin marking the SE 1116 comer of said Section 36,
bears South 89°14'39" East, 52.99 feet (formerly South 89°15'45"
East);
thence South 89°14'39" East, 1,596.37 feet (fonnerly South
8~IS'4S" East, 1,596.29 feet), along said Southerly line, to a found
S/8" iron pin marking the Northeast comer of a parcel of land, as it
is described in Book 181 of Deeds at page 67, Records of Ada
County, Idaho;
thence South 00°51 '23" West, 200.59 feet (formerly South
00050'16" West), to a found 5/8" iron pin marking the Southeast
comer of said parcel of land Book 181, page 67;
thence South 89°10'45" East, 435.10 feet (formerly South
89°12'23" East, 435.18 feet), to a found 5/8" iron pin marking a
point on the Westerly right~f-way of Meridian Road;
thence continuing South 89°10'45" East, 25.00 feet to a point on
the Easterly line of said SE1I4, Section 36, also being the centerline
of Meridian Road; ,
thence North 00°51'23" East, 1,526.16 feet (formerly North
00°50'16" East) along said Easterly line and said centerline, to a
found 5/8" iron pin and cap marking the NE comer of said SE JA,
Section 36 (East 114 comer);
thence North 89°09'38" West, 25.00 feet (formerly North
89°10'42" West) along the Northerly line of said SE 1/4, Section 36
to a set 5/8" iron pin and cap on said Westerly right-of-way of
Meridian Road;
thence continuing North 89°09'38" West, 2,655.40 feet along said
Northerly line, to the Northwest comer of said SE 1/4, Section 36
(Center lit comer), from which comer a set S/8" iron pin and cap (a
witness comer), bean South 00027'49" West, 15.00 feet;
thence South 00°27'49" West, 2,657.96 feet (formerly South
00026'40" West), along the Westerly line of said SE %, Section 36
to the REAL POINT OF BEGINNING;
Containing an area of 100.71 acres, more or less.
PARTIES: 1.
2.
~.Ñt.. ~, \ 61 .
c;J\.' lib"! ' ,.,., : i, RECORDED.R~Q EST 0" "
ADA COUNTY RECORDER, ' ...
.J. DAVID t~l\VARRO '
B?i';:' IDAHO ~~ fE~E .1i.6 ¡
2QO2.J~ llf fIt1 ~ 2' 10206 73 81
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DEVELOPMENT AGREEMENT
City of Meridian
Howell-Murdoch Development Corporation,
Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this ~ day of j';z ~ ' 2Po 2-. by and
between CITY OF MERIDIAN, a municipal co oration of the State of Idaho,
hereafter called "CITY", and HOWELL-MURDOCH DEVELOPMENT
CORPORATION, hereinafter called "OWNER"/"DEVELOPER", whose
address is 4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713.
1.
RECITALS:
1.1
WHEREAS, "Owners" are the sole owners, in law andlor
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
1.2
WHEREAS, I.C. §6 7 -6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the "Owners" or "Developer" malœ a
written conunitment concerning the use or development of
the subject "Property"; and
1.3
WHEREAS, "City. has exercised its statutory authority by
the enactment of Ordinance 11-15.12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or Ie-zoning of land; and
1.4
WHEREAS, "Owners. and "Developer" have submitted
an application for annexation and zoning of the
"Property"s described in Exhibit A, and has requested a
designation of (R-4) Low Density Residential District,
(Municipal Code of the City of Meridian); and
DEVELOPMENT AGREEMENT (AZwOO-019) - 1
1.5
1.6
WHEREAS, "Owners" and "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
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Propeny" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
selVÌces within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
1.7
WHEREAS, City Council, the - day of , 2002,
has approved cenain 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, herein,after referred to as (the
"Findings"); and
1.8
WHEREAS. the "Findings" require the "Owners" and
"Developer" enter into a development agreement before the
City Council takes final action on anneXation and zoning
designation; and
1.9
"OWNERS" and "DEVELOPER" deem 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 requests; and
1.10 WHEREAS, "City" requires the "Owners" and "Developer"
to enter into a development agreement for the purpose of
ensuring that the "Property. is developed and the
subsequent use of the "Propeny. is in accordance with the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
DEVELOPMENT AGREEMENT (AZ-OO-O 19) - 2
the "City" in the proceedings for annexation and zoning
designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan
of the City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows;
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
. following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a munidpal .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.
«OWNER"¡UDEVELOPER": means and refers to Howellw
Murdoch Development Corporation, whose address is
4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713, the
party developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property' located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set. forth at
length. .'
DEVELOPMENT AGREEMENT (AZ-Oo-O19) - 3
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 11.7.2 (C) which
are herein specified as follows:
Construction and development of 264 building lots and 31
other lots for a residential subdivision.
Development shall be consistent with the Meridian
Comprehensive Plan Generalized Lane Use Map which
designates the property as Single FamilY Residential.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"Developer" are not required to subnùt to "City" an application for conditional
use pennit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
A.
"Owners" and "Developer" shall develop the "Property" in
accordance with the following special conditions:
Adopt the Recommendations of the Plamúng and Zoning and
Engineering staff, originally provided in their Memorandum dated February
15,2001, as follows:
1.
That the Applicant shall provide a minimum of five percent (5%)
common open space within the legal description boundaries. This
requirement was adopted as part of the new Landscape
Ordinance. But since the subject applications were submitted
prior to City Council adoption of the Landscape Ordinance, they
DEVELOPMENT AGREEMENT (AZ-OO-O19) .4
--- ---. __on
-----.-
are technically exempt from the standards in that ordinance.
However, if deemed to be in its best interest, the City can impose
higher standards than are currently adopted as ordinance as
conditions of annexation for any development requesting
annexation into the City.
2.
The open space shall be exclusive of all street rights-of-way and
street buffers, except for right-of-way specifically dedicated for
landscaping within a subdivision. Storm water detention facilities
must be designed in accordance with Section 11.2 of the
Landscape Ordinance in order to count toward the open space
requirement. Open space may be active or passive in its intended
use, and must be accessible by all residents of the subdivision.
Common open space shall be suitably improved for its intended
use. At a minimum, common open space lots shall include one
(I) deciduous shade tree per eight thousand (8,000) square feet
and lawn, either seed or sod.
3.
There is 5.16% useable open space, and the storm water facilities
shall be designed to the standards of Section 11.2 of the
Landscape Ordinance. The 5.16% includes the 35-fo01 buffer
along Meridian Road, the 25.£00t buffer along Us tick Road, and
the 25-£00t Settlers lITigation common lots along the north
property line. .
4.
Due to the single-family uses abutting the east boundary of Lot
34, Block 1 (proposed as future office use), a minimum 20Æoot
planting strip, in accordance with City Ordinance 12.4-7.A., is
required along the west property line of this lot.
A detached sidewalk with a minimwn 5~foot-wide planter strip
between the curb and sidewalk shall be required along the
Meridian Road frontage.
5.
6.
That no subdivision infrastructure improvements can begin until
the White Drain Sewer Trunk's easements aìe fInalized by the
City and the trunk construction schedule is finalized with the
civil contractor that is awarded the bid. .
DEVELOPMENT AGREEMENT (AZ-OO-o 19) - 5
7.
8.
9.
..-.."..-
All irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and contiguous
to the parcel shall be tiled per City Ordinance 12-4~13. Plans
shall be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confinnation of said
approval submitted to the Public Works Department.
Any existing domestic wells and/or septic systems within this
project shall have to be removed from their domestic service per
City Ordinance Section 9-1-4 and 9-4.8. Wells may be used for
non.domestic purposes such as landscape irrigation.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Sections 11.13.4.c. and 12~5-2.M.
10.
Two-hundred-fifty- and IOO-watt, high-pressure sodium
streetlightS will be required at locations designated by the Public
Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections
and/or fire hydrants.
11.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas in the
proposed future commercial lots. All site drainage shall be
contained and disposed of on-site.
12.
Off-street parldng shall be provided in the proposed future
commercial lots in accordance with the City of Meridian
Ordinance 11-13 for use of property.
13.
All signage shall be in accordance with the standards set fonh in
Section 11.14 of the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or flashing signs
shall be permitted.
14.
Provide five-foot-wide sidewalks in accordance with City
DEVELOPMENT AGREEMENT (AZ-OO-019) - 6
...__....__.............~
Ordinance Section 12-5-2.K
IS.
AIl construction shall confonn to the requirements of the
Americans With Disabilities Act.
Adopt the ACHD Recommendations as follows:
16.
Dedicate 48.feet of right-of-way from the centerline of Meridian
Road abutting the parcel by means of recordation of a fmal
subdivision plat or execution of a warranty deed prior to issuance
of a building pennit (or other required pennits), whichever occurs
first. Allow up to 30 business days to process the right-of-way
dedication after receipt of all requested material. The owner will
be compensated for all right-of-way dedicated as an addition to
existing right-of-way from available impact fee revenues in this
benefit zone, if the owner submits a letter of application to the
impact fee administrator prior to breaking ground, in accordance
with Section 15 of ACHD Ordinance #193.
17.
Dedicate 48-feet of right.of-way from the centerline of Ustick
Road abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance
of a building pennit (or other required permits), whichever occurs
first. Allow up to 30 business days to process the right.of-way
dedication after receipt of all requested material. The owner will
be compensated for all right-of-way dedicated as an addition to
existing right-of.way from available impact fee revenues in this
benefit zone, if the owner submits a letter of application to the
impact fee administrator prior to breaking ground, in accordance
with Section 15 of ACHD Ordinance #193.
18.
Any existing or proposed irrigation facilities on U stick Road and
Meridian Road should be located outside of the new right-of-way.
19.
Construct two main entrances on Meridian Road located 270-feet
north of the south propeny line, and 300.feet south of the nonh
property line, as proposed. The roadway entrances shall be
designed with minimum 21-foot street sections on either side of a
DEVELOPMENT AGREEMENT (AZ-OO-O19) - 7
20.
21.
center median. The median shall be constructed a minimum of
4.feet wide to total a minimum of a lOO.square foot area. The
applicant is proposing to construct two outbound lanes and one
inbound lane with a median, within 64-feet of right-of-way.
Construct center turn lanes on Meridian Road for the main
entrance intersections. The turn lanes should be constructed to
provide a minimum of tOO-feet of storage with shadow tapers for
both the approach and departure directions. Coordinate the
design of the turn lanes with District staff.
Construct a 5..foot wide concrete sidewalk on Meridian Road
abutting the entire parcel, located 2-feet within the new right-of-
way. Coordinate the location and elevation of the sidewalk with
District staff.
22.
Construct one main entrance on Ustick Road located at the west
property line, as proposed. The proposed entrance is located in
confonnance with District policy, and the applicant shall
construct Venable Lane as one half of a 36-foot street section,
plus l2-feet of additional pavement within 42-feet of right-of-
way. The applicant is not proposing to construct a median at this
entrance.
23.
Consuuct a center turn lane on Ustick Road for the main
entrance intersection. The turn lane shall be constructed to
provide a minimum of 10O-feet of storage with shadow tapers for
both the approach and departure directions. Coordinate the
design of the turn lane with District staff.
24.
Construct a 5-foot wide concrete sidewalk on Ustick Road
abutting the entire parcel, located 2-feet within the new right-of-
way. Coordinate the location and elevation of the sidewalk with
District staff.
25.
Construct the segment of Ashton Drive from Meridian Road to
Elsmore Avenue as a residential collector street with no front-on
housing, because the anticipated traffic volumes exceed 1,000
DEVELOPMENT AGREEMENT (AZ~OO-O19) - 8
26.
vehicle trips per day. District policy requires that this street
segment be constructed as a 36-foot street section with curb,
gutter and 5-foot wide concrete sidewalks within 50-feet of right-
of-way. Parking shall be prohibited on this street segment.
Coordinate the signage plan with District staff. The access
restrictions for this street segment should be stated on the final
plat.
Construct the segment of Ashby Street from Meridian Road to
Alexis Avenue as a residential collector street With no front-on
housing, because the anticipated traffic volumes exceed 1,000
vehicle trips per day. District policy requires that this street
segment be constructed as a 36-foot street section with curb,
gutter and 5-foot wide concrete sidewalks within 50-feet of right-
of-way. Due to the fact that Ashby Street abuts the south
property line, the applicant should only be required to construct
one half a 36wfoot street section plus 12 additional feet of
pavement within 42 feet of right-of-way. Parking shall be
prohibited on this street segment. Coordinate the signage plan
with District staff. The access restrictions for this street segment
shall be stated on the final plat.
27.
Construct three stub streets to the north, as proposed. The
applicant should not be required to provide paved temporary
turnarounds at the end of the stub streets because the stubs are
less than ISO-feet in length. The applicant should be required to
install signs at the tennini of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate
the sign plan for the stub streets with District staff. The
proposed stub streets are located:
. Between Lot 1, Block 15 and Lot 11, Block. 18
. Between Lot 11, Block 15 and Lot 1, Block 13
. Between Lot 8, Block 13 and Lot 2, Block 10
28.
Construct Ashton Lane from Meridian Road to the proposed
Venable Lane. The applicant shall not be required to provide a
paved temporary turnaround at the end of the street because the
stub is less than ISO-feet in length. The applicant shall be
DEVELOPMENT AGREEMENT (AZ-OO-019) - 9
30.
31.
32.
33.
required to install a sign at the terminus of the proposed Ashton
Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE". Coordinate the sign plan for the stub street with
District staff. '
29.
Construct Ashby Street from Meridian Road extending 1,400 feet
west to the proposed Alexis Avenue and from Greenwich Avenue
extending 1,400 feet west to the proposed VeI:\3.ble Lane as a 29-
foot sueet section within 50-feet of right-of~way, as proposed.
The applicant shall not be required to provide a paved temporary
turnaround at the end of the street because the stub is less than
ISO-feet in length. The applicant shall be required to install a sign
at the tenninus of the proposed Ashby Sueet stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate
the sign plan for the stub street with District staff.
Construct Venable Lane as a 10caVcommerdal street. The
applicant shall construct Venable Lane from Ustick Road to the
north property line of the school lot as one half of a 40-foot street
section plus 12.feet of additional pavement, with curb, gutter and
5-foot wide concrete sidewalk within 42-feet of right-of-way. To
the north of the school site Venable Lane shall be constructed as
a 36-foot street section.
Any proposed landscape islands/medians within the public right.
of-way dedicated by this plat shall be owned and maintained by a
homeowners association. Notes of this should be required on the
final plat.
The applicant should be required to construct all public roads
within the subdivision as 36-foot street sections with curb, gutter,
and 5.foot wide concrete sidewalks within 50-feet of right.of-way.
The public streets within the subdivision shall be located to align
or offset a minimum of 125-feet (centerline to centerline). It
appears that the street layout is in conformance with District
policy.
, DEVELOPMENT AGREEMENT (AZ--OO-0l9) - 10
34.
35.
36.
37.
-.,------- - -.
The turnarounds shall be constructed to provide a minimum
turning radius of 45.feet.
Provide a $30,000 deposit to the Public Rights-oE-Way Trust
Fund for the cost of one~quarter of a traffic signal at the
intersection of Ustick Road and Meridian Road.
Other than the proposed public streets, direct lot or parcel access
to Ustick Road and Meridian Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on
the final plat.
Comply with the Standard Requirements (9) listed in ACHD's
Planning and Development Division Development Application
Report dated December 12,2001.
Adopt the Recommendations of the Meridian Fire Department as
follows:
38.
That a fire. flow of 1,000 gallons per minute be available to
service the entire project. Fire hydrants shall be placed an
average of 400' part.
39.
Operational fire hydrants and temporary or permanent street
signs are required before combustible construction begins.
40.
Acceptance of the water supply for fire protection is contingent
upon acceptance of the water system by the Meridian Water for
water quality.
41.
Final approval of the fIre hydrant locations shall be by the
Meridian Fire Department.
42.
All radii shall be 28' inside and 48' outside radius.
43.
Insure that all yet undeveloped parcels are maintained free of
combustible vegetation.
DEVELOPMENT AGREEMENT (AZ-OO-O 19) - 11
Additionally, the applicant shall comply with the action of the City
Council taken at their February 19, 2002 meeting as follows:
44.
45.
46.
47.
48.
Based upon testimony, and the widely recognized need for
infrastructure improvements in the North Meridian Planning area
sooner, rather than later, especially as it respects large
developments, the Owner/Developer, as a condition of annexation
and zoning, shall participate in the negotiations with Ada County
Highway District, and shall become a party to any eventual
agreements worked out by the Developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure in the Nonh Meridian Planning area agreements
negotiated with ACHD and shall faithfully perfonn the terms of
such agreement or agreements.
That no building pennits shall be issued until the sewer is
constructed and connected to the Wastewater Treatment Plant.
The Parks Department agrees to pay for four feet of the road on
the nonhero boundary which abuts the City park, and pay for
the curb and gutter for a total cost of approximately $13,500.00,
per ACHD.
Applicant shall be responsible to construct sewer mains to and
through the proposed development which shall include stubbing
to the south boundary of the development. Sewer manholes are
to be provided to keep the sewer lines on the south and west
sides of the centerline.
That the Developer shall extend Venable Lane. north from Ustick
Road, and dedicate their one-half of Venable Lane on the east
side to provide a full residential collector wide street from Ustick
to the north, and which will line up with the existing Venable
Lane property.
DEVELOPMENT AGREEMENT (AZ-OO-O19) - 12
7. 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 "Owners"
and "Developer" or "Owners" and "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.
B. CONSENT TO DE.ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners" and "Developer" consent upon default to the de.
annexation andlor a reversal of the zoning designation of the "Property"
subject to and conditioned upon the following conditions precedent to~wit:
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Owners" and "Developer"
and if the "Owners" and "Developer" fails to cure such
failure within six (6) months of such notice.
9. INSPECTION: "Owners" and "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 condiûons of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event '~Owners" and "Developer", "Owners" and
"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
DEVELOPMENT AGREEMENT (AZ-OO-O19) - 13
modified or ternúnated by the "City" upon compliance
with the requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Owners" and
"Developer" of anyone 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.
II. REQUIREMENT FOR RECORDATION: UCity" shall record
either a memorandum of this Agreement or this Agreement, induding all of the
Exhibits, at "Owners" and "Developer"'s cost, and submit proof of such
. recording to "Owners" and "Developer", prior to the third reading of the
Meridian Zoning Ordinance in connection with the annexation and 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.
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Owners" and "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 perfonnance of the covenants, agreements, conditions, and
obligations contained herein.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Owners" and "Developer"
shall have thirty (30) days after delivery of notice of said
breach to eoueet the same prior to the non-breaching
party'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
DEVELOPMENT AGREEMENT (AZ-OO-O19) - 14
-- nn nn .
(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.
13.2 In the event the performance of any covenant to be
perfonned hereunder by either "Owner" and "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 perfonnance shall be extended by the amount of time
of such delay.
14. 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 §12-5-3, to insure that
installation of the improvements, wlúch the "Owners" and '~Developer" agrees
to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owners" and
"Developer" agrees that no Certificates of Occupancy will be issued until all
improvements are completed, urness the "City" and "Owners" and "Developer"
have entered into an addendwn 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". '
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and
"Developer" agrees to abide by all ordinances of the City of Meridian and the
"Propeny" shall be subject to de-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.
DEVELOPMENT AGREEMENT (AZ-OO~019) - 15
17. 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:
0 WNERID EVELO PER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, 10 83642
Howell-Murdoch Development
Corporation
4822 N. Rosepoint Way, Suite C
Boise, Idaho 83713 '
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1 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.
18. 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 detennined by a Coun 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.
19. 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 perfonn
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
DEVELOPMENT AGREEMENT (AZ-OO-O19) - 16
. ------ -----
20. 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 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 benefitted and boWld by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Owners" and "Developer", to execute appropriate and recordable
evidence of tennination of this Agreement if "City", in its sole and reasonable
discretion, had detenIÚned that "Owners" and "Developer" has fully perfonned
its obligations under this Agreement.
21. INY ALID 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.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners"
and "Developer" and "City" relative to the subject matter hereof, and there are
, no promises, agreements, conditions or W1derstanding, either oral or written,
express or implied, between "Owners" and "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 wùess 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".
22.1 No condition governing the uses and/or .conditions
governing development 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
DEVELOPMENT AGREEl\IIENT CAZ.OO-O19) - 17
amendment in force at the time of the proposed
amendment. '
23. 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-OO-O 19) - 18
ACKN 0 WLEDG MENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERIDEVELOPMENT:
HOWELL-MURDOCH DEVELOPMENT
CORPORATION, DEVELOPER
B~ HO~~m
CITY OF MERIDIAN
BY:~ e-. ~ ;
MAY; R ROB RT D. CORRIE
DEVELOPI\.1ENT AGREEMENT (AZ-Oo-O19) -19
STATE OF IDAHO)
COUNTY OF ADA)
:ss
On this ¿ 'I!. day of M,:;y , in the year
2002, before me, LA v;")1 'h. i<1 ~...{\ a Notary Public,
personally appeared Kevin Howell, known or identified to me to be the
President of Howell-Murdoch Development Corporation, who executed the
instrument on behalf of said corporation and acknowledged to me that he
executed the same on behalf of said corporation.
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STATE OF IDAHO
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lic for Idaho
Residing at: ~:<,. /Allilo
Commission expiies: 'Z//(/ðc/
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County of Ada )
On this '-I.fh. day of ~ ' in the year 2002,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of
the City of Meridian, who executed the instrument or the person that executed
the instnunent of behalf of said City, and acknowledged to me that such City
executed the same.
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DEVELOPMENT AGREEMENT (AZ-Oo-01 9) ~ 20
ADA COUNrY RECORDER J. DAVID NAVARRO
~ L.' 1_:.1- \It' BaiSE IDAHO 05110105 02:118 PM
~X n' r:;;trT L. DEPUTY Vicki Allen
RECORDED-REQUEST Of
Mendl. Citt
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FIRST ADDENDUM TO 4.1 "USES PERMITTED BY THIS AGREEMENT" OF
THE DEVELOPMENT AGREEMENT (CASE NO. AZ-OO-OI9
FOR NEW CASE NO. RZ-O3-Ð13)
The following is an addendwn to that certain Development Agreement between
the City of Meridian and Howell-Murdoch Development Corporation, and specifically to
section 4.1 Uses Pennitted By This Agreement on page 4 of the Development
Agreement, which is subsequent to entering into of the original Development Agreement
dated May 6, 2002, and recorded in the Ada County Recorder's office as Instrument No.
102067381.
The parties hereto agree as follows:
A. The Development Agreement dated May 6,2002, as it pertains to Uses
Permitted By This Agreement, is amended to read as follows:
Construction and development of 264 building lots and 31 other lots for a
residential subdivision, carwash, coffee standlkiosk, fuel pumps and office
uses.
Development shall be consistent with the 2002 Meridian Comprehensive
Plan Generalized Land Use Map, which designates the property as "Mixed
Use-Community" and "MediUm Density ResidentiaL"
B.' It is agreed between the City and Developer that the development project
of Cedar Springs Professional Center shall be fully incorporated into the original
development agreement with Howell-Murdoch Development Corporation, and
shall include the 5.51 acres with a C-N zoning. Additionally, the conditions and
the specific uses that were allowed within the original development agreement,
which is attached hereto and by this reference incorporated herein as if set forth in
full and consisting of forty-eight (48) pages, shall apply to the Cedar Springs
Professional Center.
Therefore, the "Developer" shall comply with the following additional
conditions as follows:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
1.
The legal description submitted with the application meets the requirements
of the City of Meridian and State Tax Commission.
2.
The subject property is within the Urban Service Planning Area. Essential
City services will be made available to the subject property.
'First Addendum to Development Agreement
Page 1 of 7
B.
3.
Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance
Section 5-7-517, when services are available from the City of Meridian.
Wells may be used for non-domestic purposes such as landscape
irrigation.
Adopt the Recommendations of ACHD as follows:
1.
Construct Venable Lane as one-half of a 40-foot street section with curb,
gutter, 5-foot concrete sidewalk on the east side of Venable Lane and a
minimum of 24-feet of pavement within 40-feet of right-of-way.
2.
Construct a 30-foot shared curb return type driveway that intersects
Venable Lane approximately 270-foot north of Us tick Road, as proposed.
Pave the driveway its full width and at least 30-feet into the site beyond
the edge of pavement of the roadway and install pavement tapers with 15-
foot radii abutting the existing roadway edge.
3.
Construct a 48-foot shared curb return type driveway with an 8-foot center
island within it that intersects Ustick Road approximately 140-feet west of
the east property line, as proposed. Pave the driveway its full width and at
least 30-foot into the site beyond the edge of pavement of the roadway and
install pavement tapers with 15 - foot radii abutting ,the existing road way
edge. '
4.
Other than the Access point that is specifically approved with this
application, direct lot access to Ustick Road is prohibited. Access
restrictions will be required to be noted on the final plat.
5.
Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
2.
All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the construction of the proposed development.
Contact Construction Services at 387.6280 (with fùe number) for details.
First Addendum to Development Agreement
Page 2 of 7
4.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact the District's Utility
Coordinator at 387-6258 (with file numbers) for details.
s.
AU design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in
the State ofIdaho shall prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to
issuance of building pennit (or other required pennits), which incorporates
any required design changes.
7.
Construction, use and property development shall be in conformance with
all applicable requirements of the Ada County Highway District prior to
District approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #198, also known as Ada
County Highway District Road hnpact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within
the right~f-way. The applicant at no cost to ACHD shall repair existing
utilities damaged by the applicant. The applicant shall be required to call
DIGLINE (1-800-342-1585) at least two full business days prior to
breaking ground within ACHD right-of-way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits
(spare or filled) are compromised during any phase of construction.
10.
No change in the tenus and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's
authorized representative and an authorized representative of the Ada
County Highway District. The burden shall be upon the applicant to
obtain written confinnation of any change from the Ada County Highway
District.
11.
Any change by the applicant in the planned use of the property which is
the subject of this application, shall require the applicant to comply with
all rules, regulations, ordinances, plans, or other regulatory and legal
restrictions in force at the time the applicant or its successors in interest
. advises the Highway District of its intent to change the planned use of the
subject property unless a waiver/variance of said requirements or other
legal relief is granted pursuant to the law in effect at the time the change in
use is sought.
First Addendum to Development Agreement
Page 3 of 7
C.
Adopt the Meridian Fire Department Recommendations as follows:
1. That a fire-flow as required by the International Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department. Additionally, internal fire hydrants .will be required for the project.
4. The phasing plan may require that any roadway greater than ISO' in length that is
not provided with an outlet shall be required to have a turn around.
5. All entrances and internal roads shall have a turning radius of28' inside and 48'
outside.
6. Operational fire hydrants and access roads are required before combustible
construction begins.
7. All building uses and processes to comply with the fire code in effect at the time of
construction.
8. No vertical obstroctions or matUre landscaping which obstrùctions the outlets of the
fire hydrant within 10'.
9. Vertical clearance for driveways shall be 13'6", this may affect tree placement in
landscaping areas.
10. All fire lanes shall have a clear driving surface which is20' wide available at all
times.
D.
Adopt the conditions of Sanitary Service Company as follows:
1.
Design the enclosure per the standard recommendations of SSC for access,
gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the
design with SSC. Approval of the trash enclosure design will be required
prior to issuance of a Certificate of Zoning Compliance for the project.
E.
Adopt the action of the City Council taken at their March 16, 2004 meeting as
follows:
For clarification:
1.
The revised Site/Landscape Plan (Sheet L-1, by Jensen Belts) is dated
3/8/04. The CUP shall also reflect this revised plan.
First Addendum to Development Agreement
Page 4 of 7
c.
2.
The new fuel island canopy elevations sheet (by LAB Architect) is dated
October, 2003. The CUP shall also reflect the revised sheet in Condition
#6 of the Recommendations.
3.
The revised Site/Landscape Plan reflects most of the modifications
required, but the Plan does not reflect the following:
a) a detached sidewalk on Ustick Road (PP condition #2)
b) right-of.way landscape improvements adjacent to Ustick Road
(pP condition #8.b.)
,c) parallel parking stall change (CUP condition #7, page 2)
4.
The above modifications (3 above) must be made during the Final Plat
and/or CZC approval process.
5.
The proposed school site is presently conceptual, as the school district has
not decided on a layout as of yet.
6.
Hours of operation for the drive.through coffee stap.d shall be from 6:00
a.m. to 8:00 p.m.
Hours of operation for the car wash (no more than three (3) vacuums
allowed), and two (2) fuel pumps shall be allowed as a 24 hour operation.
Hours of fuel delivery and refrigerated 1ruck operation shall be from 7:00
a.m. to 6:00 p.m.
The decibel levels generated at the site shall be required to comply with
Meridian City Code 6-3-6.
7.
The developer shall also be required to comply with all the conditions set
forth in the corresponding applications, which are PP-03-044 and CUP-03-
067.
Except as modified by this Addendum, the Development Agreement
between the parties dated May 6, 2004, is hereby ratified and confirmed.
IT IS SO AGREED.
First Addendum to Development Agreement
Page 5 of 7
T
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DATED AND SIGNED this 28 '(..A day of ~I '2
County of Ada, )
On this ~ day of k' I , 2004, before me, the lUldersigned
Notary Public, personally appeared Kcvin Howell, known or identified to me to be the
President of Howell-Murdoch Development Corporation, who executed the instrument on
behalf of said corporation and acknowledged to me that he executed the same on behalf
of said corporation. , " ,
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First Addendum to Development Agreement
Page 6 of 7
Attest:
BY~~ --.:,,&
City Clerk
STATE OF IDAHO)
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CITY OF MERIDIAN
BY/{ trJ ~
otary Publl&., for Idaho
Residing at:~.s, L ...2-1-::>
Commission Expire-'s: 1;' ~ ...) ~ 1. Ù
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STATE OF IDAHO )
: S8
County of Ada, )
On this :srr day of M.a" , 1f:f, before me. the undersigned
Notary Public, personally appeared TanunÝ de Weerd and William G. Berg, Jr., known or
identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian.
who executed the instrument or the persons that executed the instrument on behalf of said
City, and acknowledged to me that such City executed the same.
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First Addendum to Development Agreement
Page 7 of 7
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BEFORE THE MERIDIAN CITY COUNCIL
C/C August 23, 2005
IN THE MATTER OF THE
APPLICATION FOR LYNN
BROWN TO MODIFY THE
APPORVEDDEVELOPMENT
AGREEMŒNT FOR CEDAR
SPRINGS PROFESSIONAL
CENTER LOCATED AT THE
NORTHEAST CORNER OF
VENABLE LANE AND WEST
USTICK ROAD
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CASE NO. MI-05-008
ORDER OF CONDITIONAL
AFPROV AL OF MISCELLANEOUS
APPLICATION
This matter coming before the City Council for Miscellaneous Application approval
pursuant to Meridian City Code § 12-3- 1. B to modify the approved development agreement for
Cedar Springs Professional for Lynn Brown, and the Council finding that the Administrative Review
is complete from Brad Hawkins-Clark, Principal City Planner, for the Planning and Zoning
Department, dated: Hearing Date: August 23, 2005 to the Mayor and Council, the council takes the
following action:
IT IS HEREBY ORDERED TIlAT:
1.
The subject application by Lynn Brown, is approved subject to those
conditions of Staff comments as set forth in the memorandum to the Mayor
ORDER OF CONDITIONAL AFPROV AL OF MISCELLANEOUS APPLICATION TO MODIFY THE
APPROVED DEVELOPMENT AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER
FOR LYNN BROWN (MI-O5-008)
Page 1 of 3
and City Council, ftom Brad Hawkins-Clark, Principal City Planner, for the
Planning and Zoning Department, dated; Hearing Date: August 23, 2005, a
true and con-ect of which is attached hereto marked Exhibit "A" and
,
consisting of 4 pages, and by this reference incorporated herein, and the
response letter from Central District Health Department, a true and con-ect
copy of which is attached hereto marked Exhibit "B" and consisting of 1
page, and by this reference incorporated herein.
2.
The Record of Survey (RGS) upon which there is contained the certificate
and signature ofthe City Engineer verifying that the drawing meets the City's
requirements shall be signed only at such time as:
1.
The ROS dimensions are approved by the City Engineer and;
2.
The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO MODIFY THE
APPROVED DEVELOPMENT AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER
FOR LYNN BROWN (MI-05-008)
Page 2 of3
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest
in real property which may be adversely affected by this decision 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.
By action of the City Council at its regular meeting held on the
.Q 3'rcJ
day
of
AU~US6
,2005.
Attest:
By:~ÁGll)
City Clerk's Office
Dated: g -2lÞ-OS
ORDER OF CONDITIONAL APPROY AL OF MISCELLANEOUS APPLICATION TO MODIFY THE
APPROVED DEVELOPMENT AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER
FOR LYNN BROWN (MI-O5-008)
Page 3 of 3
MAYOR
Tammy de Weerd
I
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SINcr
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PLANNING DEPARTMENT
(208) 884-5533 - FAX 888-6854
C ITV HALL
(208) 888-4433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898.9551
CITY COUNCIL MEMBERS
Keith Bird
Christine Dowæll
Shaull Wardle
Charles M. Rountree
IDAHO
MEMO RAND TIM:
City Council Hearing Date: August 23,2005
Transmittal Date: August 18, 2005
To:
Mayor and City Council
Brad Hawkins-Clark, Principal City Planner ~e....
From:
Subject:
Cedar Springs Professional Center - Development Agreement
Request for Miscellaneous Application to Modify Conditions in the Development
Agreement for Cedar Springs Professional Center, by Lynn A. 'Brown (File No.
MI-O5-008)
Staff has reviewed the above referenced submittal and offers the following comments:
APPLICATION BACKGROUND & SUMMARY
The applicant, Lynn A. Brown, has submitted a Miscellaneous Application (MI) to amend the
recorded Development Agreement (First Addendum, Instrument #105058639) for the Cedar
Springs Professional Center. The property is legally described as Block 25 of Cedar Springs
Subdivision No.6 and is located at the northeast comer ofW. Ustick Road and N. Venable
Lane. The original Development Agreement (DA) was entered into on May 6, 2002, as part of
the Cedar Springs Subdivision annexation (File #AZ-00-019). A First Addendum to that DA
was approved by City Council on May 3,2005, as part of the Cedar Springs Professional Center
rezone and conditional use pennit (File #RZ-03-013). This application is proposing a Second
Addendum to the DA. Parties to the existing DA are Howell-Murdoch Development
Corporation (represented by Kevin A. Howell) and the City of Meridian. Since the last DA was
recorded, the subject property was sold and is now under new ownership.
The original DA (Instrument #102067381) restricted use of the property to single family
residential only. It was restricted only because of the R-4 zoning approved with the annexation
and rezone application. The purpose of the First Addendum earlier this year was to allow the
new uses that were approved under the Cedar Springs Professional Office rezone
MI-O5-008
ExJúbit "A"
Page 1
(Neighborhood Commercial) and conditional use pennit to be constructed in the subdivision
(carwash, coffee stand/kiosk, fuel pumps and office). The purpose of this Second Addendum
is to request a modification to two sections of the First Addendum regarding new land uses
and hours of operation.
Staff recommends approval of the applicant's reQuest to amend the Development Agreement.
with modifications as proposed below. .
OWNER OF RECORD .
The owner of record for the subject property is Robert W. Montgomery. He submitted notarized
consent for the subject application to be submitted by Lynn A. Brown.
STAFF ANALYSIS
As noted, both the original DA and the First Addendum simply referenced land uses that were
approved with the applications submitted with the annexation and rezone applications -
residential only for the original DA and a carwash, coffee kiosk and offices for the second
DA. The use restrictions were included in the First Addendum at the request of the applicant,
even though the C-N zone was approved and would have allowed a much broader range of
uses without the DA. At the time, Howell Murdoch did not anticipate any other uses other
than what the conditional use pennit site plan showed and, therefore, did not oppose to the
DA restrictions.
Proposed Amendments
C-Store: The new owner (Montgomery) is now proposing to remove a carwash bay on the
south end of the carwash structure to construct a convenience store (approx. 1,800 sq. ft.).
The building square footage, parking, fuel pumps, vacuums locations and most other site plan
features would remain as approved under the CUP application. All subdivision infrastructure
improvements are already constructed. As proposed, the DA amendment would affect all five
lots (the carwash/kiosk lot and the four office lots) and, unless modified, would allow all lots
to have C-stores and 24-hour operations. Staffs understanding from the applicant, though, is
that the C-store is currently only proposed on Lot I, Block 25 and they are not seeking to
allow C-stores on any other lots. This should be clarified at the meeting.
Hours of Operation: The applicant is also proposing the C-store be pennitted to operate as a
24-hour operation. The First Addendum and conditional use permit include the following
restrictions on hours of operation within Cedar Springs Professional Center:
. Drive-through coffee stand - 6:00am to 8:00pm
. Carwash and fuel pumps - 24 hours
. Fuel delivery and refrigerated truck operation - 7:00am to 6:00pm
MI-OS-OO8
Exhibit "A"
Page 2
So, since the existing DA and CUP already allow the carwash and fuel pumps to operate for
24 hours, if this MI application is approved, the only change to the hours of operation would
be adding the C-store as also being pennitted to operate for 24 hours.
Staff believes there are three main questions that the City Council should address in reviewing
this application:
1. Was there neighborhood opposition and/or concern to retail or C-store uses
during the original Cedar Springs Professional Center public hearings?
Staff reviewed the minutes from both the P&Z Commission and City Council public
hearings for the Cedar Springs Professional Center RZ and CUP applications. Mr.
Joe Simunich, property owner on the south side of Ustick Road, was the only
neighbor to testifY at the P&Z Commission hearing. He opposed the office and auto-
oriented uses adjacent to an elementary school. He also stated his preference for
residential uses and that a carwash is not needed in this part of the city. Mr.
Simunich and Mr. Bill Jackson both testified at the City Council hearing. Mr.
Simunich repeated his concerns and Mr. Jackson agreed. Mr. Jackson also
encouraged the City Council to not comminglefuel dispensing with residences and
schools.
There were specific references to C-stores made during the March16, 2004 City
Council meeting. These references are quoted below:
. Councilman Wardle: I would just like to say, as far as the commercial
development and the level of commercial, we are certainly not looking at a
Maverick convenience store. We are looking at several smaller commercial
entities, a car wash. and what I perceive to be a gas card fuel pump center,
which would have probably much less impact than a convenience store, and
so I see that as meeting the needs of the Comprehensive Plan.
. Councilman Bird: I would echo that.
. Councilman Nary: I guess on that same line. Anna, I think I heard Mr. Fluke
say that this was the lowest intense use of zoning for the commercial zoning. I
mean, is a C-store even allowed in that type of zone. . .?
. Powell: I believe it actually is. (They are permitted without a CUP in the C-N
zone)
So, while the City Council did not specifically request C-stores be prohibited by the
DA, it could be inferred that the Council granted the C-N zone and CUP with the
understanding that a C-store was not being p~oposed and this made them more
comfortable with the approval.
2. Do the proposed DA modifications conform with the Zoning Ordinance and
Comprehensive Plan?
MI-O5~OO8
Exhibit "A"
Page 3
Zoning Ordinance - Both the pending Unified Development Code and the existing
Schedule of Use Control allow Convenience Stores as a permitted use. Other retail
uses are conditional. The ordinance does not address 24-hour operations directly.
These are incorporated into the general operating standards of each zone which
address neighborhood compatibility and other general noise and light standards.
Comprehensive Plan - The Future Land Use Map designates this area as Mixed
Use-Community and as a Neighborhood Center. The intent of the area is to function
as an activity center where residents within a one to two mile radius can obtain daily
services. Chapter VII (page. 98) of the Comprehensive Plan does list convenience
store-type uses as being encouraged in these centers and meet the intent of this
policy.
3. Is a C-store an appropriate use adjacent to a future elementary school?
On August 11", Stajlspoke with Wendell Bigham of Joint School District No.2 and
asked for any comments on the subject application.. Mr. Bigham said the District has
addressed this issue in other areas and does not oppose this type of use.
Idaho Code 23~303 does prohibit liquor stores or distribution stations within 300
feet of schools. The proposed C-store would exceed this distance.
Idaho Code 67-6533 also prohibits sexually explicit and obscene materialfrom
being sold within 2,500 feet of schools. It is not clear from the application if this type
of material would be available at this location.
It is unclear as to the specific amount of traffic the proposed C-store would generate.
ACHD does calculate higher traffic volumes from a C-store than a ca1-wash. This
would especially true if the C-store was approved for a 24-hour use.
STAFF RECOMMENDATION
If this application is approved as submitted, a new condition will be added to the DA which
adds C-store as a pennitted use. Staff generally supports the proposed.change. However, we do
recommend a restriction that the C-store use and 24-hour operation be allowed only on Lot 1,
Block 2S of Cedar Springs Subdivision No.6, and not apply to all five lots.
The City Council has the option of preserving all, some or none of the existing DA conditions.
Please note that if the Council chooses to approve this application, there would be no conditions
of approval. It is solely a request to amend the existing DA.
MI-OS~OO8
Exhibit" Au
Page 4