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Home My WebLink AboutFerney MDA H-2024-0034 ADA COUNTY RECORDER Trent Tripple 2024-063335 BOISE IDAHO Pgs=18 VICTORIA BAILEY 11/07/2024 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Franklin Storage LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 6th day of November , 2024, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Franklin Storage, LLC, ("OWNER/DEVELOPER"), whose address is whose address is 4549 N. Mackenzie Lane, Boise, Idaho 83703. RECITALS A. OWNER/DEVELOPER has submitted an application for a Modification to the existing Development Agreement recorded July 27, 2022 as Instrument#2022-066859 in Ada County Records for the purpose of amending Development Agreement Section 5,provision 5.1(b). The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A." B. CITY and OWNER/DEVELOPER now desire to amend said Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded July 27, 2022 as Instrument#2022-066859, except as amended as follows: That Section 5.1 of the development agreement referenced in the above paragraph shall be amended as follows: Amend condition "b."to read as follows: b. Prior to the issuance of the first certificate of occupancy, the property shall be subdivided in accord with UDC 11-6B. Add condition "g." as follows: g. The Public Works infrastructure shall be installed, inspected and finaled, as approved with LDIR-2023-0061,prior to the issuance of any building permits. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns,heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum 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 Addendum shall be binding on the Owner/Developer 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 MODIFICATION TO DEVELOPMENT AGREEMENT-FERNEY MDA H-2024-0034 Page I of 3 successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. 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. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this 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 governing the uses and/or conditions governing 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. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. [End of text. Acknowledgements, signatures, and Exhibit A follow.] MODIFICATION TO DEVELOPMENT AGREEMENT—FERNEY MDA H-2024-0034 Page 2 of 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: Franklin Storage,LLC f,o ` By: �r 1 STATE OF IDAHO ) ss. County of Ada ) On this C day of - ! C� 2024,before me,the undersigned,a Not Public in and for said State, personally appeared ` (',; rr ,known or identified to me to be the �w'':/ r of Franklin Storage,LLC and the person ho signed above and acknowledged to me that they executed the same A behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above wri\`\\\\` ATOQ�///// M(SCOMAMSSION Notary' blic • My commission expires: EXPIRES 7-21-2W ; �i '•9TE IOp`. • CITY� y, ��•� `� ATTEST: �1NNti11NN�\ By: Mayor Robert E. Simison 11-6-2024 Chris Johnson, City Clerk 11-6-2024 STATE OF IDAHO ) ss County of Ada ) On this 6thday of November 2024,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and City Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAT.:) Notary Public for Idaho My commission expires: 3-28-2028 MODIFICATION TO DEVELOPMENT AGREEMENT—FERNEY MDA H-2024-0034 Page 3 of 3 EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAy AND DECISION & ORDER In the Matter of the Request for Development Agreement Modification (MDA), by Jeff Hatch, Hatch Design Architecture. Case No(s). H-2024-0034 For the City Council Hearing Date of: September 17, 2024 (Findings on October 1, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 17, 2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 17,2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of September 17, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 17,2024, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 17, 2024, incorporated by reference. The conditions are concluded to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERNEY MDA-H-2024-0034) - 1 - be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 17, 2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERNEY MDA-H-2024-0034) -2- City Code Title I I(UDC 11-5B-6F). 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 67-6511A. 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. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of September 24,2024. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERNEY MDA-H-2024-0034) -3- By action of the City Council at its regular meeting held on the 1 St day of October 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) (Z� Mayor Robert E. imis n 10-1-2024 Attest: (�LI —� SF,AL Chris Johns* 10-1- �4 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Cha&mL Dated: 10-1-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERNEY MDA-H-2024-0034) -4- COMMUNITY DEVELOPMENT C'/�fEPIDIAN*,,--, DEPARTMENT REPORT HEARING 9/17/2024 Legend ' DATE: - " Project Location %. :._.u..::;:- TO: Mayor& City Council Area of impact _ �= City Limits FROM: Linda Ritter Associate Planner O Analysis - 208-884-5533 lritter@meridiancity.org APPLICANT: Jeff Hatch,Hatch Design Architecture SUBJECT: H-2024-0034 Ferney Subdivision LOCATION: 4160 E. Lanark Street,in the SW 1/4 of SE '/4 of Section 9, T.3N.,RJE. , . ' 1. PROJECT OVERVIEW A. Summary Modification to the existing development agreement(H-2021-0103, Inst. #2022-066859)to strike provision 5b which states " Prior to issuance of any building permits,the applicant shall subdivide the property in accord with UDC 11-6B and add"Prior to certificate of occupancy,the applicant shall subdivide the property in accord with UDC 11-6B." B. Issues/Waivers None C. Recommendation Staff: Staff recommends approval of the DA modification for the issuance of one building permit for the northern portion of the property prior to receiving the City Engineer's signature if the Public Works Department requirements have been met. D. Decision Select: Pending. 11. COMMUNITY METRICS Table 1:Land Use Description Details Map Ref. Existing Land Use(s) Vacant - Proposed Land Use(s) Self-storage facility and flex space building - Existing/Proposed Zoning I-L IV.A.2 Future Land Use Designation General Industrial IV.A.3 Table 2: Process Facts Description Details Preapplication Meeting date Friday,June 21,2024 City of Meridian I Department Report I. Project Overview Description Details Neighborhood Meeting 7/l/2024;3 attendees Site posting date 9/6/2024 Table 3: Proiect Overview Description Details History Subject site was denied annexation and zoning approval in 2020(H-2020- 0033)because no development plan accompanied annexation request but the Applicant withdrew the application before Findings of Denial were approved by the Council. AZ,PP(H-2021-0103),DA Inst.#2022-066859,CZC,DES(A-2023- 0057),CZC,DES(A-2024-0074),and FP-2024-0015 Acreage 4.92-acres III. STAFF ANALYSIS A. General Overview The property was annexed with I-L zoning in 2022 consisting of 5.64 acres and a Preliminary Plat consisting of two (2)building lots on 4.93 acres (H-2021-0103). The subject property was denied annexation and zoning approval in 2020(H-2020-0033)because no development plan accompanied the annexation request. The applicant withdrew the application prior to the Findings of Denial were approved by the City Council. The applicant reapplied and a development agreement was entered into on July 26,2022 (H-2021-0103,DA Inst#2022- 066859). The subject property has a planned extension of an industrial collector street(E. Lanark)that will bisect the property into two parcels which accounts for the main reason a preliminary plat is required and was submitted. According to the submitted plat,the Applicant is proposing the self- storage buildings on the front parcel(approximately 2.89 acres) and a flex space building on the back parcel along the railroad corridor(approximately 1.75 acres). In terms of nearby and adjacent development,there is existing industrial zoning to the west with developing flex and other industrial type buildings. The parcel directly abutting to the east is still a county RUT parcel that contains a single-family residence and still maintains some farm animals. Directly east of the county parcel is an ACHD facility that is currently under construction. Therefore,the county parcel to the east would be surrounded by industrial uses until such time that parcel redevelops. Because of the existing residential use to the east,this Applicant is required to provide a landscape buffer to that use. Staff has had conversations with that homeowner and they anticipate selling the property once their parents decide to leave that home. The applicant received Council waiver to reduce the buffer along the parcel as the City anticipates the property will redevelop with industrial uses in the future. B. Development Agreement Modification A development agreement was entered into on July 26,2022 (H-2021-0103,DA Inst#2022- 066859)with the following conditions: a. Future development of the subject site shall be substantially consistent with the proposed concept plan,preliminary plat,landscape plan,and conceptual building elevations included in Section VII and the provisions contained herein. aeeewith UPC C 11 6B—.Prior to certificate of occupancy,the applicant shall subdivide the property in accord with UDC 11-6B. City of Meridian I Department Report III. Staff Analysis C. The uses allowed on this property are those listed in UDC Table 11-2C-2 for the I-L zoning district. d. The Applicant shall comply with the ordinances in effect at the time of application submittal. e. Applicant shall comply with the specific use standards outlined in UDC 11-4-3-34 and UDC 11-4-3-18 for the proposed uses of Self-service Storage Facility and Flex Space Building,respectively. f. The Applicant shall comply with the Commercial architectural design standards in the City of Meridian's Architectural Standards Manual(ASM)at the time of Certificate of Zoning Compliance and Design Review submittal for the elevations facing Franklin and the east elevations of the two storage buildings adjacent to the existing residence on Parcel S1109438907. The applicant is requesting to remove the condition"b"under section 5.1 of the existing development agreement and add the following language"Prior to certificate of occupancy,the applicant shall subdivide the property in accord with UDC I 1-613." C. Staffs Analysis Per UDC 11-613-7,Approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat. The applicant requested a time extension to record the final plat in June prior to the preliminary plat's expiration date. A one(1)year extension was granted with a new expiration date of June 21,2025. The plat must be recorded by this date. Staff has no objection to the Applicant request for a modification to the existing development agreement(H-2021-0103, Inst. #2022-066859)to remove condition"b"under section 5.1 and the addition of the proposed language with the following provisions: • Only one(1)building permit shall be issued with this provision. • The Public Works infrastructure shall be installed, inspected and finaled prior to the issuance of any building permits. The applicant submitted a final plat for review and approval(FP-2024-0015)which is scheduled on the City Council Consent Agenda for September 17,2024. The applicant was given a one (1)year time extension to receive the City Engineer's signature which expires on June 21,2025. If the City Engineer's signature has not been received by the expiration date,the applicant will either let the plat lapse or request approval of a time extension from by City Council. Planning has approved a Certificate of Zoning Compliance and Design Review(A-2024-0074)for a multi-tenant flex space building to be constructed on the northern lot. III. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of the subject site shall be substantially consistent with the proposed concept plan,preliminary plat, landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. The Public Works infrastructure shall be installed,inspected and fmaled, as approved with LDIR-2023-0061,prior to the issuance of any building permits. City of Meridian I Department Report 111. City/Agency Comments &Conditions c. Prior to certificate of occupancy,the applicant shall subdivide the property in accord with UDC 11-6B. B. Meridian Public Works The Public Works infrastructure shall be installed, inspected and finaled, as approved with LDIR- 2023-006 1,prior to the issuance of any building permits. C. Irrigation Districts 1. Nampa&Meridian Irrigation District See public record(copy the link into a separate browser) https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=361620&dbid=0&repo=Meridi anCi D. Idaho Transportation Department(ITD) No concerns regarding the DA modification. IV. ACTION A. Staff: Staff recommends approval of the DA modification for the issuance of one building permit for the northern portion of the property prior to receiving the City Engineer's signature if the Public Works Department requirements have been met. B. City Council: Action Pending. City of Meridian I Department Report IV. Action ' 1 1 Legend Project Locat Are• of Impa ion Analysis ui `FIR NKLIN' Legend - ai, 161 nllll t1111111 _Ilia=�iila e■ ■71t1111!EIIFlEFl1: J RxEI+,:p: 1 e_nlo o== IIIIFIIi:lltlllll! � xiatrt■x► n 9'■- uw uuuur== 911111nIF11111111F Project -4nt1l1 •• Area of Impactfiff 1il mm�Frry�pu _pan.,_=1/?i■ ;�raNrtth► '�� IIIa111T� �I�r=C=_�?h1► . Analysisaulel/11111711::hu-�H., n. '�EIIIIIIII ;■�ul grgi�C IN loom I rrt�..� 1111111 'llll � �rin�_ ® �� I��IIII 1■ FRANKL-IN � r J ■ ��a��111■rllllaaa;•tiptrnlr .I r 1 �.rg11:�•Yt►t�� r11 I■ ■ �1�1D.� � �xx xxixnn.►`b�l� � r�l �■■� � • rrrr • �rrf �� i��■■■�r:=::: rrrirr yi♦ III � ��r. 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Landscape Plan(date: 8/23/2024) K E Y N 0 T E S G-HERA NOTES PON 1i H HUM F Owl-1- Tm El 2 U) 90 z Ll �j ETU Emil- Eq w LANDSCAPE PLAN LANDSCAPE PLAN City of Meridian Department Report IV. Exhibits D. Preliminary Plat(date: 8/1/2024) PRKE MINARY PLAT v.a�s�!.ate•��Rw a..y;_R.1£_eM �_yly`�eos ax—owx�r v w.—s*•¢oR w,a r —Y9� I a _r._ " it J. I ra.�w.w.u-anws o�1Wy(tE1LttR a�su rcaenxaa g � YARncwl a � sew�ciw txiio � f11Y[1I4�CURATE 5mr�n xwm City of Meridian Department Report IV. Exhibits E. Final Plat(date: Click here to enter a date.) 3•1--H-NPY Nim BDIVISION RLA mNG Or FSOEr YL,%N.Sw LiM6 w]rwr n,r sw 7l7 or niE g Ili LK s"eaa&rvx,a.rs,a.u. WY Or MMAm—OOuhYr Or RDA—STA E Or IWwO W24 14°At� 3£YAM£A8T5L(39iw5�OW {� srr£.M f£.sr sueprHs,pw FF }} BiO ] f2 YL PGK i ; I- • iiuf I � •irl L 4 - - - — — - - i - - � L -° — - — r$ — Ip w.. 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Al Ia Ar.�rNr^�rlcr.eulrcenr Gar m = S Y R Y f 1!A A{N A f P Y 3 nw�•mef+L Axa r�noemm([osn�il trot r'MrMw rR TreG SLCn�'S R rR�.S A�R t W W.Yld��R — AWrpe/rM>D Rr rY.N Aq ei'Ll'�Ka�W ru£AW C�YMerr 9aai I]W®]GE IIDW!l�fRF ne[awaors era[[. •F 11f51 w,uxax.IwsxRWeL<i.n City of Meridian Department Report IV. Exhibits F. Building Elevations for Storage Facility(date: 5/1/2024) --7A EXTERIOR FINISH KEYNOTES _SPECIFICATIONS 0 =27 ijilt S01=f7t ELEVAYIO N-SFORAGE BUILDING —------ 99 fi& e L: GENERAL NOTES f - V I P I ql�3e 19 Q��i CR NORTH ELEVATION-STORAGE BUILDING 5 Z r— F— r-- —Z 5 z tE IT ELEVATION-STORAGE 6111LD INGJ rolo 03>1 9=1 0=1 rm@ a-, Q-�Q3D, rcre Woll-c.D BEE EXTERIOR aEvAmNs EAST ELEYATIO 4-STORAGE BUILDING A-4.0 City of Meridian I Department Report IV. Exhibits