HomeMy WebLinkAbout28. Development Agmt 2020 V1APPROVED
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ADA COUNTY RECORDER Phil McGrane 2020-040967
BOISE IDAHO Pgs=21 CHE FOWLER 04/09/2020 10:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Prime Desert Properties, Owner
4. Northwest Development Company, Developer
TIiIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 20th day of March , 2020, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Prime Development Properties, whose address is 16850 Bear Valley
Rd., Victorville, CA 92395, hereinafter called OWNER and Northwest Development Company,
whose address is 1980 S. Meridian, Rd,, Meridian, ID 83642 hereinafter called DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A", which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner and/or Developer have submitted an application for the
modification of a development agreement to remove the property listed in
Exhibit "A" from an existing Development Agreement recorded in Ada
County as Instrument # 108059800 for the inclusion into a new Development
Agreement with new conceptual development plans and building elevations,
under the Unified Development Code, which generally describes how the
Property will be developed and what improvements will be made; and
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1.5 WHEREAS, Owner and/or Developer made representations at the public
hearing before the Meridian City Council, as to how the Property will be
developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested development
agreement modification before the City Council, includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 21" day of January, 2020, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B'; and
I.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner and/or 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 request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a result of
evidence received by the City in the proceedings for zoning designation from
government subdivisions providing services within the planning jurisdiction
and from affected property owners and to ensure zoning designation are in
accordance with the amended Comprehensive Plan of the City of Meridian on
October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for, unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
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3.2 OWNER: means and refers to Prime Desert Properties, whose address is
16850 Bear Valley Rd., Victorville, Ca 92395 the party that owns said
Property and shall include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Northwest Development Company
whose address is 1980 S. Meridian Rd., Meridian, ID 83642, the party that is
developing said Property and shall include any subsequent developer(s) of the
Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A" describing
the parcel to be removed from existing Development Agreement recorded in
Ada County as Instrument ## 108059800 and bound by this new Develcpment
Agreement and attached hereto and by this reference incorporated herein as if
set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of this site shall substantially comply with the conceptual
development plan and building elevations contained in Exhibit A of the Staff Repert that
is attached to the Findings of Fact and Conclusions of Law, attached hereto as Exhibit
"B>,
b. Development of the subject property (i.e. site design and building design) is required to
comply with the design standards listed in UDC I1-3A-19 and the City of Meridian
Architectural Standards Manual.
c. An easement agreement shall be recorded granting cross-access/cross-parking to all lots in
the development, including the parcel at the southwest corner of this site that is not subject
to this agreement. A recorded copy of said easement agreement shall be submitted to the
Planning Division prior to issuance of the first Certificate of Zoning Compliance
application for the site.
d. The age of the residents living in the multi -family development shall be restricted to
seniors, age 55 and older.
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:I,E'UMB;R; H-2022-00" COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
Y. DEFAULTIC0NSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement,
7.2 Notice and Cure Period. In the event of Owner and/or Developer's default
of this Agreement, Owner and/or Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty (180) day period, then the time allowed
to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity. .
7.3 Remedies. In the event of default by Owner and/or Developer that is not
cared after notice as described in Section 7.2, Owner and/or Developer shall
be deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City
or Owner and/or Developer, or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an appropriate
action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner and/or Developer or City is delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall be
extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
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of City nor apply to any subsequent default of any such or other covenants and
conditions.
S • INSPECTION: Owner and/or Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9• REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proofof such recording to Owner and/or 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.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein,
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner and/or Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the City,
or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER:
DEVELOPER:
Prime Desert Properties
Northwest Development Company
16850 Bear Valley Rd
1980 S. Meridian Rd
Victorville, CA 92395
Meridian, ID 83642
DEVELOPMENT AGREEMENT— TEN MILE AND MCMILLAN (I.1-2019-0126) PAGE 5 of 8
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14.1 A party shall have the right to change its address by delivering to the other
a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY ryEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any otherrelief as may
be granted, to court costs and reasonable attorneys 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.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17, BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in
the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had
determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: I€ any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20• COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or 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 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 Agreement shall be binding upon the parties hereto unless reduced to writing and
DEVELOPMENT AGREEMENT— TEN MILE AND MCMILLAN (H-24I9-0126) PAGE 6 of 8
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ed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a
`' E %UtJB R "2022 y 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. EFFECTI VE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreementand made
it effective as hereinabove provided.
OWNER:
Prime Desert Properties
— �l
By: Nagarju�Reddy�arap�u�
Its. Manager
CITY + RIDIAN
By.1
Mayor Robert E. Sig icon
DEVELOPER:
Northwest Development Company
Its:
ATTEST:
ri I
Girl i ti7� ar�'�
,FAI
Chris Johnson��C,ity Clerk
DEVELOPMENT AGREEMENT- TEN MILE AND MCMILLAN (H-2019-0126) PAGE 7 OF 8
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
rr cam" �r rr� c r�rct �r r r
a
A notary public or other officer completing this certificate verifies only the identity of the individual wtlo signed the document to which this certificate is aftached, and not the truthfulness, accuracy, or validity of that document,
State of California )
County of San Bernardino )
On Q3/20/202p before me, Andrea Bell, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Nacla 'un Reddy Yara u
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose Name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
,.•. ANDREA BELL
�@.Y.�
Notary public - Caliiomia ll
San Bemardino County
Commission # 2159624
My Comm Expires Jul 11. 202V
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my Inarid'tand official )ea
r
Signature—�. � ./
t J11 'ture c�'.taryPublic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑individual ❑ Attorney in Fact
El Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual 0 Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
002015 National Notary Association • wwwMationalNotary.org • 1-800-USTNOTARY (1-800-876-6827) Item #5907
Meridian City Council Meeting Agenda April 7, 2020 — Page 309 of 660
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OF )
ss;
of )
On this _ day of , 2020, before me, the undersigned, a Notary Public in and for said State, personally
appeared known or identified to me to be the
Prime Development Properties, and the person who signed above and acknowledged to me that he executed the sam of
behalf of said Company. con
IN WITNESS WHEREOF, I have hereunto set my [land and affixed my official seal the day and year in this
certificate first above written.
(SEAL)
Notary Public for
Residing at:
My Commission Expires:
STATE OF Idaho )
ss:
County of Ada }
On this day of i'N, 2020. before me, the undersigned, a Notary Public in and for said State, personally
appeared o, known or identified to me to be the �{`y> of
Northwest Development Company, and the person who signed above and acknowledged tome tha he executed the same
on behalf of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea[ the day and year in this
certificate first above written.
(SEAL) REBECOA E NIERODZINSKI
COMMISSION #49872
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 04/07/2021
STATE OF IDAHO )
SS
County of Ada )
5 yy'
Notary Public for �
Rcsiding at: '' , i,� `',
My Commission Expires: OU � is "=t_
On this 7th day of—_ April 2020, before me, a Notary Public, personally appeared
Robert E. Simison and Chris Johnson, known 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.
(SEAL)
CHAWRLENE WAY
COMMISSION ## 67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128122
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT —TEN MILE AND MCMILLAN (H-2019-0126) PAGE 8 OF 8
L ( E IDR LAN EXHIBIT A
APPROVED [gal Description and Exhibit Map for Property Subject to New Development Agreement:
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ISCRIPTION: Real property in the County of Ada, State of Idaho, described as follows:
Lots 5 through 11 and Lots 13 and 14, all In Block 12 of the Amended Plat of VERONAL
SUBDIVISION NO. 4, according to the plat thereof, filed In Book 102 of Flag at pages
13476 and 13477, Records of Aida County, Idaho.
AMENDED, I'LAT OF
VERONA SUBDIVISION NO. 4
A RESUBOIVISION OF LOTS 1, 2, 35, AND, 36, BLOCK 10 AND, 12, YERONA SUODIVISION NO. 2 ALONG, WITH A PARCEL
OF LAND LOCATED IN THE SW H OF SECTION 26. TOWNSHIP 4 NORTH, RANGE i WEST,
u'a r+ius,a� BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO
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Ten Mile & McMillan - H-2019-0126 Page 1
Meridian City Council Meeting Agenda April 7, 2020 — Page 311 of 660
EXHIBIT B
APPROVED
o�rovz2 CITY OF MERIDIANDare INGS OF FACT, CONCLUSIONS OF LAW (:>WENty
� J %U69 BE R:H —2 — 1 AND DECISION & ORDER
In the Matter of the Request for a New Development Agreement to Replace the Existing
Development Agreement (Inst. #108059800, Verona Commercial) to Include a New Conceptual
Development Plan for a Mix of Uses Including a Senior Living/Multi-Family Development and
Commercial Uses, by Northwest Development Company.
Case No(s). H-2019-0126
For the City Council Hearing Date of: January 7, 2020 (Findings on January 21, 2020)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 7, 2020, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 7, 2020, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 7, 2020,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 7, 2020, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). 11-2019-0126 - I -
Meridian City Council Meeting Agenda 246
APPROVED hat this approval is subject to the Conditions of Approval all in the attached Staff Report for the
DAT 07/01/22 earing date of January 7, 2020, incorporated by reference. The conditions are concluded to be
1,E %UIdB;R µ2022-00„ asonable and the applicant shall meet such requirements as a condition of approval of the
Ipplication.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for anew Development Agreement to replace the existing Development
Agreement (Inst. #108059800, Verona Commercial) is hereby approved per the provisions in
the Staff Report for the hearing date of January 7, 2020, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651 IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of January 7, 2020
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). 11-2019-0126 - 2 -
Meridian City Council Meeting Agenda 246
E IDI� 11
APPROVED
DAT 07rov22
: CE %U61 B: RH-2022 0a
of the City Council at its regular meeting held on the 21st
COUNCIL PRESIDENT TREG BERNT
COUNCIL VICE PRESIDENT BRAD HOAGLUN
COUNCIL MEMBER JESSICA PERREAULT
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER JOE BORTON
day of January ,
VOTED
VOTED JA
VOTED
VOTED NJ 0
VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED `
(TIE BREAKER)
4
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11
AUGU6l
Attest: � �P
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-itv rh-rk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
f
�. January 2I 2020
By a t � ��,� �Y �% `°--.�,��-`�, Dated: T r}' ,
City Clerk's Office
�j
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0126 - 3 -
=i �' ti `t(','tJlerj($�gC4y Council Meeting Agenda April 7, 2020 — Page 314 of 660
L�(E IDI� N—
APPROVED
DAT 07/01/22
SCE %U61 B: R' H-2022 0-
I*:410II:10II_\
REPORT
DEVELOPMENT DEPARTMENT
HEARING 1/7/2020
DATE:
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
'(}
Bruce Freckleton, Development
Services Manager
®eaa_ __._, i
SUBJECT: H-2019-0126
Ten Mile and McMillan - MDA
LOCATION: Off the northeast corner of N. Ten
Mile Rd. and W. McMillan Rd.
�E IDF� IAN,.--
�i
s--
1. PROJECT DESCRIPTION
Request for a new Development Agreement to replace the existing Development Agreement (Inst.
#108059800, Verona Commercial) to include a new conceptual development plan for a mix of uses
including a senior living/multi-family development and commercial uses.
II. SUMMARY OF REPORT
A. Project Summary
Acreage
Current Zoning
Neighborhood meeting date; # of
attendees:
History (previous approvals)
Details
14.36
C-G
10/09/2019; 6 attendees
AZ-03-005 (DA #103097612); MI-07-013 (amended DA
#108059794, Verona Commercial); RZ-07-017 (new DA
#108059800, Verona Commercial); PP-07-022; FP-08-010;
A-2019-0290 (PBA, ROS # 12081)
III. APPLICANT INFORATION
A. Applicant:
Northwest Development Company — 1980 S. Meridian Rd., Meridian, ID 83642
B. Owner:
Prime Desert Properties — 16850 Bear Valley Rd., Victorville, CA 92395
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Meridian City Council Meeting Agenda 246
EXHIBIT A
APPROVED
DATE 07ro1/22
:IJ%Ut�IIBL R'H-2022-0— epresentative:
amara Thompson, The Land Group — 462 E. Shore Dr., Ste. 100, Eagle, ID 83616
IV. NOTICING
Newspaper notification published
Radius notification mailed to property owners
within 300 feet
Public hearing notice sign posted on site
Nextdoor posting
V. STAFF ANALYSIS
City Council
Posting Date
12/20/2019
12/ 17/2019
12/18/2019
12/17/2019
The Applicant proposes to remove the property described in Section VILA from the existing
Development Agreement (DA) (Inst. #108059800) for inclusion in a new DA with a new conceptual
development plan and building elevations (see Section VII.13, Q. The existing DA includes
additional land area that is not the subject of this application that will remain in the existing
agreement and/or has already been removed from the agreement.
The existing (previously approved) plan for this site is included in Section V1I.13 and depicts 9 pad
sites for future commercial structures. The provisions in the DA are primarily related to design
requirements for the development because at that time, the City did not have design standards.
The proposed plan is included in Section Vll.0 and consists of a senior living multi -family residential
development on a 6+/- acre parcel at the northeast corner of the site with commercial pads along the
frontage of Ten Mile and McMillan Roads on the remainder of the property. The commercial uses are
anticipated to provide services and uses needed for nearby residents. The project is proposed to
develop in multiple phases. Staff recommends as a provision of the new DA that future development
substantially complies with the concept plan submitted.
Conceptual building elevations were submitted for the multi -family development as shown in Section
VILD. The structure proposed across the northeast corner of the site is 2-stories in height, while the
adjoining structures to the west and south are 4-stories in height. Staff is concerned about the massing
of the 4-story structures in relation to the three (3) single -story structures to the east; however, there is
a collector street, street buffer, and approximately 200+' separation between the structures that should
help to alleviate the issue. Additionally, only the ends of the 4-story structures will face the east
toward the residences; therefore, unless public testimony from adjacent residents is presented
otherwise, Staff doesn't feel it's an issue that should restrict the height of the structures below that
allowed in the district (i.e. 65'). The final site and building design is required to comply with the
design standards listed in UDC 11-3A-19 and the Architectural Standards Manual.
Access to the multi -family development is proposed via W. Milano Dr. and N. Corona Way, collector
streets, in alignment with existing driveways on the opposite side of the street(s); access to the
commercial lots is proposed via the existing curb cuts constructed by ACHD via Ten Mile Rd. and
W. McMillan Rd., arterial streets, consistent with the previous concept development plan. Local
street access is not available to this site. A cross-access/cross-parking easement agreement was
previously required to be granted for all lots in the subdivision; however, Staff is unable to
locate a copy of the agreement or verify that one exists. Therefore, Staff recommends a
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Meridian City Council Meeting Agenda 246
I W14 0111,111 _\
L�(E IDI� N_
APPROVED ision in the DA that one is submitted to the Planning Division prior to issuance of the first
DAT 07/01/22 ficate of Zoning Compliance for the development.
�jj%Utja_e:H2022 sequent conditional use permit application will be submitted for the multi -family development
Itl C-G zoning district in accord with UDC Table 11-2B-2.
VI. DECISION
A. Staff:
Staff recormnends approval of the proposed MDA per the provisions in Section VIII.
B. The Meridian Citv Council heard these items on January 7. 2020. At the public hearing. the
Council moved to approve the subject MDA request.
1.
Summary of the City Council public hearing
a.
In favor: Tamara Thompson, Applicant's Representative; Matt Naumann; Tyler Brennan
b.
In opposition: Sheryl Tolman, Dan Voltroubek
C.
Commenting: Kent Brown
d.
Written testimony: Tamara Thompson, Applicant's Representative (in agreement with
staff report)
C.
Staff presenting application: Caleb Hood
f.
Other Staff commenting on application: None
2.
Key
issue(s) of public testimony:
a.
Residential neighbors against the proposed multi -family use and 4-story height of
portions of the structure — favors commercial use instead as previously approved in the
existing DA,
b.
Residential neighbor concerns pertaining to the increase in traffic the proposed use will
generate in this area:
c.
Realtor belief there will be less traffic and noise generation (i.e. from delivery tricks
coming and going, especially during early morning hours) by the proposed use than
would be for commercial uses.
3.
Key
issue(s) of discussion by City Council:
a.
Desire for age restriction of multi -family development to seniors 55 and older;
b.
--
Concern pertaining to the height of portions of the stricture (i_ e. 4 stories) in relation to
--
adjacent single level homes/structures,
C.
The opportunity for a more detailed review of the proposed development/use with the
future _conditional _use _permit apohcation that is required;
d.
Concern pertaining to the large amount of senior living being constructed in this general
area and if it will be needed in the future.
4.
City Council change(s) to Commi recommendation:
a.
The Council voted to restrict the age of residents of the multi -family_ development to
seniors 55 and older.
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Meridian City Council Meeting Agenda 246
L I' (E IDR LAN EXHIBIT A
APPROVED IBITS
Da:e o7rovz2
gal Description and Exhibit Map for Property Subject to New Development Agreement:
:IJ `IU61 B: R: ti-z022 OD11
LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, descNhed as follows:
Lots 5 through 11 and Lots 13 and 14, all In Block 12 of the Amended Plat of VERONA
SUBDIVISION NO. 4, according to the plat thereof, filed In Bonk lag of Plats at Pages
13476 and 13477, Records of Ada, County, Idaho.
AuIT+TxD rut of
VERONA SUBDIVISION NO. 4
A RESUBDIMISION OF LOTS 1, 2, 35. AND 38, BLOCK 10 AND 12, VERONA SUBDIVISIOR NO, 2 ALONO WITH A PARCEL
OF LAND LOCATED IN THE SW Yj OF SECTION 26, TOWNSHIP ♦ KORTH, RAHOE T WEST,
BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO
2003
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Page 4
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Meridian City Council Meeting Agenda 246
Cons012.Inc.
I*:4:IIC3YII_\
L�(E IDI� N_
APPROVED �isting Development Agreement Provisions & Conceptual Development Plan
DAT o7/01/22
SCE %U61 B: R' H-222 - I
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
1. The proposed commercial and office buildings shall be constructed with high
quality materials, including but not limited to: stucco, wood and brick, with
substantial stone accents, four sided architecture: for retail uses one side may not
require full fagade treatment if there is screening for the loading area, highlighted
main entrances, stamped decorative concrete, flat roofs, accent metal roofing,
composite or tile roofing materials and variations in colors, roof planes and parapet
heights.
2. Elevations shall substantially conform to the photos submitted with MI-07-013, as
set forth in Exhibit D,
3. A minimum of 5 buildings with no one building exceeding 50,000 square feet shall
be constructed on lots associated with the Verona Commercial Subdivision. The
maximum allowable non-residential square footage for this development shall be
225,000 square feet. The development of the site shall generally conform to
concept plan in Exhibit C, as determined by the Planning Director.
4. The applicant shall provide cross access from the southern office lot located east of
W. Milano Drive to the vacant commercial parcel east of the site.
5. The City Council expects some stamped decorative concrete within the proposed
development.
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Meridian City Council Meeting Agenda 246
L � I 'EK�N—
APPROVED
DAT 07/01/22
iIj %UtjB;R: H 2022 0-
1 *11450 11,110
Conceptual Development Plan
W. Milano Dr.
rr
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err P/W
W. Turin Ct.
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NOT A PART I
EC�OMMERGIAL �PADS
RM FVW
W. McMillan Rd.
Concept Master Plan
Horizontal Scale
w�
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mil
150' 3GU'
WIP0 Issuance:
Mil IF, I M, Development Agreement Concept Plan
THE
LAND Ten Mile & McMillan
P
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GROU Prime Desert Properties
----------------------------------------------------------- Page 6 -----------------------------------------------------------
Meridian City Council Meeting Agenda hqnih9SP20202l0a-gdPWdf7I@W 246
Page 7
Meridian City Council Meeting Agenda 246
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
1. A new Development Agreement shall be required for this property that incorporates the
Sprovisions listed below. Said agreement shall be signed by the property owner(s) and
returned to the City within six (6) months of the City Council granting the subject
modification in accord with UDC 11-513-3F.2.
a. Future development of the subject property shall be generally consistent with the
conceptual development plan and building elevations contained herein.
b. Development of the subject property (i.e. site design and building design) is required to
comply with the design standards listed in UDC 11-3A-19 and in the Architectural
Standards Manual.
c. An easement agreement shall be recorded granting cross-access/cross-parking to all lots
in the development, including the parcel at the southwest corner of this site that is not
subject to this agreement. A recorded copy of said easement agreement shall be submitted
to the Planning Division prior to issuance of the first Certificate of Zoning Compliance
application for the site.
d. The -age -of the res�dcnts_Iwmg in thc_multi-family development shall_be restricted
seniors, ag 55 and older.
Page 8
Meridian City Council Meeting Agenda BauniDgSy YA20210agdWd9W& 246