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
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
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B. Subject Site Photos
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Jump Time MDA—H-2025-0011) - 13-
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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)
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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
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CONCEPTUAL DEVELOPMENT PLAN
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Jump Time MDA—H-2025-0011) - 17-
F. New Concept Plan
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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
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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 -