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HomeMy WebLinkAboutJump Time H-2025-0011 DA Addendum Ada County Recorder Trent Tripple 2025-034469 Boise,Idaho Pgs=25 vbailey 06/04/2025 11:37:43 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Babcock LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 3rd day of June 2025, ("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 Babcock LLC ("OWNER/DEVELOPER"), whose address is 1379 N Cloverdale Road, Boise, Idaho 83713. RECITALS A. OWNER/DEVELOPERsubmitted an application for a Modification to the existing Development Agreement recorded June 8, 2016 as Instrument 42016-049722 in Ada County Records for the purpose of modifying a provision contained in the original development agreement and to replace the old concept plan with a new one. 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 setforth herein, the parties agree as follows: I. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded June 8, 2016 as Instrument 92016-049722, except as specifically amended as follows: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: I. Future development of this site shall substantially comply with the revised conceptual development plan;dated March 28th, 2025, included in Section VI of the Staff Retort attached to the Findings of Fact and Conclusions of Law as attached hereto as Exhibit A an, d the provisions contained herein. 44+e-app4eftFA-sha44- e *-pe�an ei��at p%ew-affd Ee eEtiens-te-F--EftapAd Read- plan- e B itted- tl+e=fifst eettif Bate a€� i> a applieatierr 2. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Department for approval of all future buildings/uses on the site,prior to issuance of building permits. 3. Direct access to E. Franklin Road is limited to the access shown on the conceptual development plan approved with this application. Cross-access shall be provided to the property to the west(parcel 9S 1117120630) and the property to the east(parcel 4S 1117110201) for future interconnectivity. A recorded copy of the cross-access MODIFICA'FION TO DEVELOPMENI'AGREEMENT-:JUMP TIME II-2025-0011 Page l of 4 agreement(s) shall be provided with the first Certificate of Zoning Compliance application. 4. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. Contact Robert B. Whitney at (208)334- 2190. 5. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 6. The uses allowed pursuant to this agreement are those uses allowed in the C-C zoning district listed in UDC Table 11-2B-2 except for the following: drinking establishments, fuel sales facility, vehiele-fepaif, vehicle washing facility, wireless communication facility and vehicle sales and rentals. 7. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 8. The developer/owner shall be responsible for all costs associated with sewer and water service installation. 9. The developer/owner shall construct an 8-foot vinyl fence along the west boundary of the property and a 6-foot fence that matches the existing fence t#at-Mimes-tie is iffg €epee adjacent to the southern property boundary and terminates on the western property boundary at the northeast corner of the Yoder Property (Parcel 9R3273150110). The owner/developer shall coordinate with the adjacent property owners on the construction of the respective fences. 10. The owner/developer shall construct a 35-foot-wide street buffer adjacent to Franklin Road and a 2-9 25-foot landscape buffer adjacent to the west and southern property boundary and a 5-foot-wide landscape buffer on the east property boundary in accordance with UDC 11-3B-7 and UDC 11-3B-9. 11. Any buildings along the southern property boundary shall not exceed 35 feet in height to maintain compatibility with the adjacent residential properties. 12. Bring the existing landscaping buffers and parking lot landscaping into conformity with UDC 11-3B and demonstrate compliance with the submittal of the Certificate of Zoning Compliance application for the vacant lot(Parcel #S 1117110510). 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 MODIFICATION TO DEVELOPMENT AGREEMENT—JUMP TIME H-2025-0011 Page 2 of 4 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/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,conditions, 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 upon execution of the Mayor and City Clerk. 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-JUMP TIME H-2025-0011 Page 3 of 4 ACKNOWLEDGMENTS IN WETNESS WI1FREOF,the rwtics have herein acclrtcd this Addendum and made it &ec iveasficrcinabovcpmvidcd. OWNERIDEVELOPER: Babco&LLC its: STATE OF IDAHO 1 )ss. County of Ada j On this li day of_ l 2025,before me,the undersigned,a Notary Public in and for said State,personally appeared ,known or identified to me to be the_0 -- of Babcock LLC and the person who signed above and acknowledged to me that they executed the t_L_ir r- .d corporation. IN WITNESS WHEREOF,I have hereunto set m hand and affixed my official seal the day and year in this ccrtrffeate first above written. =PUSLIC SICKLE _ 0224778 Notary Public / LIC Mycoimnissionexpires., 0^d2 AHOIRES 10/07/28 CITY OF MERIDIAN ATTEST: By:--------- Mayor Robert E. Srmison Lfu-is Johnso %City Cierk 6-3-2025 -3-2025 STATE OF IDAHO ) ss County of Ada ) June On this 3rd day of_ _ ,2025,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 instalment or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho 3-28-2028 My commission expires- MODLHCATtONTODEVFf.OI Y-NrAGTUI3, M-JUWTMitil-20n-oorf Paga4of4 EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW aVE IDIAN:--' AND DECISION& ORDER In the Matter of the Request for a modification to the existing development agreement(MDA-15- 008,Inst.#2016-049722)to modify provision six(6)to remove "minor vehicle repair" from the prohibited uses and replace the old concept plan with a new one, by Eric Anderson. Case No(s). H-2025-0011 For the City Council Hearing Date of: April 22°a, 2025 (Findings on May 6'",2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 22"d,2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 22°d, 2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 22°1, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 6", 2025, 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 22"d,2025, incorporated by reference. The conditions are concluded to 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 Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 22°d,2025,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 67-651IA. 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 § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(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 §§ 67-652 1(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 April 22"d, 2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -2- By action of the City Council at its regular meeting held on the 6th day of May, 2025. COUNCIL PRESIDENT LUKE CAVENER VOTED AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED_AYE COUNCIL MEMBER DOUG TAYLOR VOTEDAYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor obert Si son 5-6-2025 Attest: p � SEAL Chris Jo on 5-6-2025 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. Y 5- 6 -025 BCh�qj�OA Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -3- COMMUNITY DEVELOPMENT E IDIAN:-- DEPARTMENT REPORT IDAHO HEARING 4/22/2025 Legend DATE: C' Project Location ; TO: Planning&Zoning Commission I Area of Impact i= City Limits f^ FROM: Nick Napoli,Associate Planner 4 Analysis 208-884-5533 nnapoli@meridiancity.org APPLICANT: Eric Anderson SUBJECT: H-2025-0011 i Jump Time MDA LOCATION: Located at 2805 E. Franklin Road (Parcels S 1117110550 and Fi rr S 1117110510)in the NE '/4 of the NE '/4 of Section 17,T.3N., R.lE. I H I 'd-lam. 1' PROJECT OVERVIEW A. Summary Modification to the existing development agreement(MDA-15-008, Inst. #2016-049722)to modify provision six(6)to remove "minor vehicle repair" from the prohibited uses and replace the old concept plan with a new one. B. Recommendation Staff: Staff recommends approval of the DA modification with provisions listed in Section IV. C. Decision Council: Approved with the Modification to the DA FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -4- COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Commercial/Vacant - Proposed Land Use(s) Commercial - ll. Existing Zoning C-C Zoning VI.A.2 Adopted FLUM Designation Commercial VI.A.3 Table 2: Process Facts Description Details Preapplication Meeting date 1/28/2025 Neighborhood Meeting 2/20/2025 Site posting date 4/12/2025 Table 3: Community Metrics Agency Element Description Issue Reference Meridian Public Works Wastewater Error! Reference source not found. • Distance to Mainline Available at site • Impacts or Concerns Yes,any infrastructure changes must be approved by Public Works. Meridian Public Works Water Error! Reference source not found. • Distance to Mainline Available at site • Impacts or Concerns Yes,any infrastructure changes must be approved by Public Works. Note: See section IV. City/Agency Comments & Conditions for comments received or see the public record. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -5- Table 4: Project Overview Description Details History AZ-09-003, MDA-15-008,A-2016-0316 Acreage 3.57 Acres STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A. General Overview and History The property was annexed with C-C zoning in 2009,consisting of 3.57 acres with two (2) building lots (AZ-09-003). The subject property then went through a development agreement modification to replace the existing DA in 2016 as a part of the Jump Time approval (MDA-15- 008). The concept plan accompanying this DA modification showed 4 buildings with central access to Franklin Road. However, since the annexation, access was required to shift to the west property boundary,which affected the concept plan. Due to the original concept plan, city staff had restricted certain uses,as having children walking through the parking lot with the central access point was a point of concern. Since the access has shifted and cross access has been provided from the property to the east, staff is in support of amending the DA to allow for minor vehicle repair. This use will be rather isolated from the front entrance to Jump Time, and staff is recommending signage to watch for pedestrians. Additionally,minor vehicle repair is otherwise a permitted use in the C-C zone. The properties governed by the current DA do not meet the city's landscaping standards.As a part of the DA modification, staff is requiring the existing parking lot and landscape buffers to be brought into conformity with UDC 11-3B. Staff discussed this with the applicant during the pre- application meeting,and no concerns were expressed by the applicant. In terms of nearby and adjacent development,there are existing residential subdivisions to the south and west,with commercial to the east. The proposed minor vehicle repair building is oriented away from the existing residential area,which is buffered by the existing Jump Time building and the landscape buffers. B. Site Development and Use Analysis 1. Proposed Use Analysis (UDC 11-2): The applicant is requesting a Development Agreement Modification to allow for Minor Vehicle Repair, which is currently listed as a prohibited use in the DA, an otherwise permitted use in the C-C zoning district. The proposed user"Grease Monkey" is a national oil change and vehicle repair shop. The hours of operation will be limited to 6 am to 11 pm because of its proximity to the existing residential neighborhoods. The applicant has submitted an updated concept plan to reflect the current configuration of the site. The original concept plan shows 4 buildings on the subject properties but with the relocation of the main access point, only two buildings are proposed with the updated concept plan. 2. Specific Use Standards (UDC 11-4-3): A. Vehicle repair may be allowed as an accessory use, subject to the standards for vehicle repair, major and minor, in the district where the use is located. Not applicable. Vehicle Repair is the primary use. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -6- B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from any street. Not applicable. The applicant will not have inoperable or dismantled vehicles on the property. C. Automotive sales and rental areas shall be subject to the minimum perimeter landscape requirement of parking areas in chapter 3, article B, "landscaping requirements", of this title. Not applicable. D. In addition to chapter 3, article B, "landscaping requirements", of this title, one (1) square foot of landscaping for every fifty (50) square feet of vehicle display area shall be provided. Not applicable. E. Vehicle display pads are prohibited in the required landscape buffers. Not applicable. The applicant will not have a vehicle display area. F. Vehicle display areas shall incorporate design features including, but not limited to, landscape islands, curbing, and pedestrian walkways, that define main drive aisles and internal circulation patterns. Not applicable. C. Development Agreement Modification Existing Provisions: 1. Future development of this site shall substantially comply with the revised conceptual development plan dated March 28", 2025, included in Section VI and the provisions contained herein.T4w-applieant s13a11- see�ate pe�lestiarsilotie�r plan that amides intefeenneetivity within the pfepesed development pedestrian-eennecMiens- E €+ate Read-plan sl3 sit fitted with-the-€ 4-eertifieate a€ge intee ianee-appheatien. 2. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Department for approval of all future buildings/uses on the site, prior to issuance of building permits. 3. Direct access to E. Franklin Road is limited to the access shown on the conceptual development plan approved with this application. Cross-access shall be provided to the property to the west(parcel#S 1117120630)and the property to the east(parcel#S 1 1 171 10201) for future interconnectivity.A recorded copy of the cross-access agreement(s) shall be provided with the first Certificate of Zoning Compliance application. 4. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8,within 6 months after the date of annexation ordinance approval. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services.Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 5.Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. 6. The uses allowed pursuant to this agreement are those uses allowed in the C-C zoning district listed in UDC Table 11-2B-2 except for the following: drinking establishments, fuel sales facility, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -7- ..ehie er-epaivehicle washing facility,wireless communication facility and vehicle sales and rentals. 7. Bring the existing landscaping buffers and parking lot landscaping into conformity with UDC 11-3B. 8. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 9. The developer/owner shall be responsible for all costs associated with sewer and water service installation. 10. The developer/owner shall construct an 8-foot vinyl fence along the west boundary of the property and a 6-foot fence that matches the existing fence that matches the existing fence adjacent to the southern property boundary and terminate on the western property boundary at the northeast corner of the Yoder Property(Parcel#R3273150110). The owner/developer shall coordinate with the adjacent property owners on the construction of the respective fences. 11. The owner/developer shall construct a 35-foot wide street buffer adjacent to Franklin Road and a N-25-foot landscape buffer adjacent to the west and southern property boundary and a 5- foot wide landscape buffer on the east property boundary in accordance with UDC 11-3B-7 and UDC 11-313-9. 12. Any buildings along the southern property boundary shall not exceed 35 feet in height to maintain compatibility with the adjacent residential properties. D. Staff Analysis With the primary access to the development now relocated to the western boundary and cross access provided to the adjacent eastern property, staff supports the applicant's request to amend the existing development agreement(Inst#2016-049722)to remove vehicle repair minor as a prohibited use and update the concept plan. Furthermore, the current landscape buffers and parking lot landscaping on both properties fall below standard and will be required to be brought into compliance with the certificate of zoning compliance application for parcel#S1117110510. Staff has incorporated this requirement as a new condition in the development agreement and has been in discussions with the applicant about this prior to the submission of the request. IV. 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 modification.The addendum shall,at a minimum, incorporate the following provisions: A. The applicant shall comply with the provisions in the existing development agreement (Instrument#2016-049722)with the addition/modification of the following provisions. • Modify Provision#1: Future development of the subject site shall be substantially consistent with the revised concept plan dated March 28`'', 2025, included in Section VI and the provisions contained herein. • Modify Provision#6 to remove vehicle repair,minor as a prohibited use: The uses allowed pursuant to this agreement are those uses allowed in the C-C zoning district listed in UDC Table 11-2B-2,except for the following: drinking establishments,fuel sales facility,vehicle washing facility, wireless communication facility, and vehicle sales and rentals. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -8- • Add a New Provision to state: Bring the existing landscaping buffers and parking lot landscaping into conformity with UDC 11-3B and demonstrate compliance with the submittal of the certificate of zoning compliance application for the vacant lot(Parcel #S1117110510). • Modify Provision#11 to state a 25-foot landscape buffer instead of 20-foot landscape buffer. The buffers were installed at the correct width,but this was an error from the previous DA. ACTION A. Staff: Staff recommends approval of the proposed modification to the Development Agreement with the V. modified provision listed in Section IV. B. City Council: The Meridian City Council heard these items on April 22"d. 2025. At the public hearing,the Council moved to approve the subject Development Agreement Modification request. 1. Summary of the City Council public hearing:. a. In favor: Eric Anderson b. In opposition: None C. Commenting: None d. Written testimony:None e. Staff presenting application: Nick Napoli f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Whether a vehicle repair, minor use is appropriate with the current use of the site; Council President Cavener was opposed to this use and felt it did not mix well with the current trampoline park on the premises._ 4, City Council change(s)to Staff recommendation; a. No formal changes were required,however. the City Council would like to see signage for drivers to watch out for pedestrians; FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -9- ProjectEXHIBITS A. to Project Overview) 1. Aerial Vil Legend F 0 Project Location Area of Impact 0 Analysis T PINE ¢ gel*-" i•iy - e f ■ �- i .w - . FINDINGSOF • • OF • ORDER FOR . 1 11 - 10- 2. Zoning . 1 . 1Legend ..■ • I� n �♦ ■ram+.0 • Project Location PINE "��' •� Area of Impact • Analysis • KII CD RUT V ■ �� „� FR�INKLIN ■■■■ , ■ J1.2 o�' ■■■■■■ ■■■■■ ■� ■■■■ ■�■■■■■1 E1111q.P... 'f.. ■ .■■■u.11 itlatl- r�wry �/► moC • �C C.r.+ w rr ■■.� . 3. Future Land Use Legend Area of Im Analysis Ui �111 Ifil • ���• ■ ��=� Annul.,,..11■'�1'r .1� 4a��` �'■�1 >al�r�■ Q as Ila ��, , La► .al.+ i �� • 111 11 rF Px - - . i Goa 1�. Low DensitY c� w a o W J ■■■, ■�■ ■■■ FRAN KLI�N Residential �1111111 n q /1111111 �'=w r i •,. ■ .. is Medium Residential MU- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER 84 /A • ' 1 11 4. Planned Development Map Legend I L�—i Project Location Area of Impact _. City Limits L Planned Parcels �— J I 1 Q Analysis - JT 1 {- ■ - _ J I I I 1 1 11 t- 1 I A f W fflVVV//J � 1■ r ,/ B. Subject Site Photos i z a FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 13- t C. Service Accessibility Report Overall Score: 36 77th Percentile Description Location In City Limits Extension Sewer Trunkshed mains < 500 ft.from parcel Flooelplain Either not within the 100 yr floodplain or > 2 acres Emergency Services Fire Response time < 5 min. Emergency Services Police Meets response time goals most of the time Pathways Within 1/4 mile of current pathways Transit Within 1/4 mile of future transit route YELLOW Arterial Roa@1 tuildout Status Ultimate configuration (#of lanes in master streets plan) matches existing (# of lanes) School Walking Proximity Within 1/2 mile walkinM Either a High School or College within 2 miles OR a School brivability Mieldle or Elementary School within 1 mile Oriving (existinM or future) Park Walkability No park within walking distance by park type FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 15- D. Site Plan (a&e 328/2025) . J--------- -- - - -- - \ - - . ! : • : " m ~ §. . ■ - y96| R*m*G OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump _MD&- 2025001 1) - 16- E. Original Concept Plan Exhibit A: Proposed Conceptual Development Plan �.ieb •ti p4�.Rk 1150tl lYh-.4.y,-i Iw4y. . ��a R x .nA raMw - nuacruar — ers�u*anu S 6 �a mnrwu � tRw s,ncurirmr .. RF'.p�My�[ � 50�1Rf4�'1P gyry{y�4AE➢VH�L �. Pr]Tn/� $1VE4 efnkk.b { may} SW�[f.RRAR Mhnary �J� iL�QRW CONCEPTUAL DEVELOPMENT PLAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 17- F. New Concept Plan I Fir I a r t qP i Mb 9,� i•l I " + 1 - 9a - t FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 18- G. Existing Development Agreement ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES- 1. City of Meridian 2. Babcock,L.L.C:.,an Idaho limited liatbilitycompuny, Ownedlcveloper ,1 11S A[7lll.:Tr DU TO DEVELOPMENT AGREEMENT is dated this day of .?yam—A� 2{116,{"ADIENVUM"), by and hctw,ccn City of 3vleridiatn,a municipal corponitilfn of the State of Idaho ("C]'TY"), whose address is 33 E. BFOadw-ay Avcnuie, ?v4eridian. Idaho 91642 and liaheoek, L.L.C.. an Idaho limited liability oonapam ('-9\VKF,R DEVELOrER"),whose address is 13791ti.Lloverdole Roid,Boiwi Idaho 83713, RECITALS A. CITYand*WNLR/UEVELnI'F.R entered into tha lc"in DL yelupmtml. Agmo nenl Thal was rixurdcd on JantLary 19,2611 in[liar meal property record%of Ms.County a, Instrument No, 111006191 ("1)FvC1:OPMChdT'AGREEMENT") B. CITY and OWNhIVIONFILOPF'R now desiiv is amend the T)"t4opmenl Agr(.A:mvnf, which terms have been approved by the Meridian City Council. in accordance wi th Waho C'(K14 SceliQrl 6?-6511. NOW,'fHl RE.FORls, in cowsi&rtalion of thv cuvCnxn6 and cundilians SO Iorlh herein,llic parties agree as follows: 1. C)VINI Ril}1:V1?i.UIxI;R Shull he found by the terms of Ilic original DevPlopmenl Agreement,except as specifically anieksded as fi)llows: S CONDITIONS GO VE'RNING DEVELOPMEW OFSUBJECT PROPERTY., 5.1 Oivner{Developer,ohell derelop the Property in accordance wllh the fbllnwiug slrrcial eanditdorrst 1, Fuluredereloproaentoflkis.sitrsbRllsrrbxtrrrrllrrllFcoinidy.p0hr ltecortcelrtrrq! rdevelnprrrenl plan inelm(led in Exhibit"A". The applicant.sirall incorporale a pedesirkit circirlatiotr lrinrr rhai pmvides htlerctninectivlty wiNrlo ehe pwpoker! rdevelop►nemj anrlperipslrirrpt cote neclratrs N E.Friorklin Road. Titeplam Shall be.srrbmined with the flrw certif ieate of amphlg eomplienee alrplicatiox. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 19- 2. Cerlrficcrte (+f Zoning Compliance and Adnrhrirrrative be.gign Keview applications are required fe) he subiniffeef to the Plrur>oing MyNirtment for approval of elffr(ture buddirigslwses oil eke site,prior to issuance of builAig permift 3. Direct access to E. Franklin Read is fimited to Ebel aecevs skopwr off the colocellrital ifeveloprtteol plan crppevwd with this application. Cross-access shall be provided to the property to the west{pureed Y.511177206.30)arrd tke property to fire east (parcel US]117110201)for fmorre A recorded ropy ofthe cross-access agreeurent(e).shall beprovi(W PoRk lhefrsl f_erlifleare of T,onfi g Compliance application. 4. Any exfstbrg dornectic well.sj%teroi wirftin this project shall be rerrloved from domestic service per City Irdlnance Section 9-1-4 and#4 A.Contact the Cky of Merldiau jEnglueering DCparfinene at (208)898-3500 for inspections of discarrrrec Lion of services. Wells way be aced for non-doniesticparposa .cmeh as lanrlseape rrrlgivaon J'oppeoverl by Idaho Department of Water Resources Coulace Robert B. Whieney at(208)334-2100. S, Atip existing sep c systenrs ►pithier this project shall be removed from service per City Ordinance Section 9-1-4 and 9Ld-8,Cooeaef Ceneraf Tlislrirt Fleaffh for abattcforPmratprocrdwres arrd inspeceioirs(208)375-5211. G. The uses,rrlowerflrirrsrtflul to this agreement are.thane uses ullorvediFF the C- C zoning district fisted in Lf1C Table 11-28-2 except for the following: drinklirg estahlfshine.7ft,fuel sales facifio. mirror veNcfe repair, vehicle ►wishing facility, wireless communication facility and replete styes ■ud reirtafs. 7. All,f uhrre developirrerrr of die subject properly shall coirrlily will C iey aJ .4feridlon ordinwicex in effect at the time of development R. The developer/opuuerikirll he responsiblefor off vwih associaled with server and water service insrallatiotr. 9. The develoNWOwtter shall corrs7rnct ern 8 fain vinyl fence along the west barrrrdoey of the property and a f foot fence Char ozwehes ifte eriKting fence flint watches the ex sling ferfce at amit to the,southervr property boundary and ferminate on the western properry boundary rt the northeast cor+serr ofYbe Ender m7)perly(ParcelkR327,11.50110). The ownerldeveloper shall coord'iriate wick the i7djacent properiyowners on the constracrion of the recvperilpe frncev. 10, The ournel/rtevelcyw.r shall cowsirrrct it.357(oot wide street buffer adjarerrt to Franklin Road and n 24-fool landscape buffer rrlfifueal fo the we'.st feud .wwhern properly hermdary and a 5—fun rpide landscape buffer oil the cast property borrirdary in accordance nrith UDC 11-38-7 rud UDC.'11-,11E-9, 11.Any hrtildhrks along thesarrthera property boundary shall not exceed35feet in height to tiraintaiu cwnyrotlhlfify Nil1r the#dJaceut resiTlrerrialprvlirrda, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -20- H. Proposed Revisions 1. Future development of this site shall substantially comply With the revised conceptual development plan dated March 256.2025,included in Section VI and the provisions contained herein.Ike apliearrt shall eratr a Pe4esfkaa circalatiet� prides 3 erne ee�i y-wig il}e�reges@4 �e aPA 2. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Department for approval of all fiiture imildingsiuses on the site,prior to issuance of building permits. 3. Direct access to E.Franklin Road is limited to the access shown on the conceptual development plan approved, ith this application.Cross-access shall be provided to the property to the',vest(parcel 0S11171.20630)and the prepeM.to the east(parcel ilS1117111201)for fiiture interconnectivity_A recorded cope of the cross-access agreement(s)shall be provided,,with the first Certificate of Zoning Compliance application_ 4. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8,within 6 months after the date of annexation ordinance approval. Contact the City of Meridian Engineering Department at(208)P8-550$for inspections of disconnection of services.Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert R.Whitney at(2*8)334-21.". 5. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9- 14 and 94-8. 6. The uses allowed pursuant to this agreement are those uses allowed in the C-C zoning district listed in UDC Table 11-2B-2 except for the following- drinking establishments, fuel sales facility, vehicle washing facility,wireless communication facility,and vehicle sales anti rentals. 7. Bring the existine landscaping buffers and parking lot landscaping into conformity%kith UDC 11-33— 8. All 6iture development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 9. The developer/miner shall be responsiyle for all costs associated with server and water service installation- 10. The detieloperroctiner shall construct an 8-foot t7nyl fence along the west boundary of the property and a 6- foot fence that matches the existing fence that matches the existing fence adjacent to the southern property boundary and terminate on the western property boundary at the northeast corner of the Yoder Property (Parcel li R3273150119). The oiinerrdeveloper shall coordinate with the adjacent properl owners on the construction of the respective fences_ 11. The developerlovmer shall construct a 35-foot-aside street buffer adjacent to Franklin Road and a-10 25-foot landscape buffer adjacent to the west and soutlitm property boundary,and a 5-foot-wide landscape buffer on the east property boundary in accordance with L'DC 11-3B-7 and L'DC 11-3B-9. 121. Any buildings along the southern property boundary shall not exceed 35 feet in height to maintain compatibility with the adjacent residetitial properties_ FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -21 -