HomeMy WebLinkAboutStaff ReportSTAFF REPORT
HEARING DATE: December 21, 2010
TO: Mayor and City Council E IDIAN
FROM: Sonya Watters, Associate City Planner I D A H O
(208) 884-5533
SUBJECT: MDA-10-010; VAR-10-002 -Scentsy Campus
I. SUMMARY DESCRIPTION OF REQUEST
The Applicant, Sam Johnson, Hot 1, LLC, requests a modification to the development agreement for
Pinebridge approved with the previous rezone of this property. Since the subject property is no longer
part of the Pinebridge development, a new development agreement is proposed that will only apply to
the subject property.
Concurrently, a variance is requested to Unified Development Code (UDC) 11-3H-4B2 which
requires access to be provided from a street other than the state highway when a change or increase in
intensity of use is proposed. The applicant proposes one (1) right-in/right-out access to/from the site
via SH 55/Eagle Road. (See Section VIII for more information)
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed variance in accord with the findings in Exhibit B and
modification to the development agreement as detailed in Exhibits A.3 and A.4.
III. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Numbers MDA-
10-010 and VAR-10-002, as presented in Staff Report for the hearing date of December 21, 2010,
with the following changes: (insert any changes here). I further move to direct Legal Department staff
to prepare a Development Agreement for this site that reflects the changes noted in Exhibit A.2.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Numbers MDA-10-
O10 and VAR-10-002, as presented during the hearing on December 21, 2010. (You should state why
you are denying the request.)
Continuance
I move to continue File Numbers MDA-10-010 and VAR-10-002 to the hearing date of (insert
continued hearing date here) for the following reason(s): (you should state specific reason(s) for
continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the southwest corner of Pine Avenue and N. Eagle Road, in the
southwest'/ of Section 8, Township 3 North, Range 1 East.
Parcel #S 1108417320
Scentsy Campus MDA-10-010; VAR-10-002
Page 1
B. Owner:
Hot 1, LLC
3698 E. Lanark
Meridian, ID 83642
C. Applicant:
Sam Johnson, Hot 1, LLC
3698 E. Lanark
Meridian, ID 83642
D. Representative:
Sam Johnson, Hot 1, LLC
3698 E. Lanark
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification and a variance. Per
Meridian City Code, a public hearing is required before the City Council on these matters.
B. Newspaper notifications published on: November 29, and December 13, 2010
C. Radius notices mailed to properties within 300 feet on: November 29, 2010
D. Applicant posted notice on site by: December 9, 2010
VI. LAND USE
A. Existing Land Use(s): This site consists of vacant undeveloped land.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Blue Cross Corporate Center (office), zoned I-L
2. East: Jacksons convenience store & fuel facility, zoned C-G; and equipment rental store,
zoned, I-L
3. South: Scentsy warehouse/office/manufacturing, zoned I-L
4. West: Vacant land, zoned C-G
C. History of Previous Actions:
- This property was rezoned (RZ-07-010) from I-L to C-G in 2007 as part of the Pinebridge
development. A development agreement was required with the rezone of the property,
recorded as Instrument No. 108022893. A preliminary plat (PP-07-008) was approved that
incorporated the subject property. A variance (VAR-07-007) for access to SH 55lEagle Road
via Commercial Street, a private street, was also approved. A variance for direct access to SH
55/Eagle Road midway between Pine Avenue and Commercial Street was also requested but
later withdrawn.
- A Corporation Warranty Deed (Inst. #0107000563) was recorded in 1988 which granted an
approach to SH 55/Eagle Road.
- In 2008, the Idaho Transportation Department (ITD) approved a variance to upgrade the
existing access to a right-in/right-out commercial approach under Encroachment Permit 03-
Scentsy Campus MDA-10-010; VAR-10-002
Page 2
08-319. The access was required to be centered between Pine Avenue and Commercial Street
and have a right turn deceleration lane southbound on Eagle Road.
- On November 16, 2010, the ITD encroachment permit was transferred to the current owner of
the property (see Exhibit A.7, permit #3-11-135). The permit states the access is approved
with the distance from the nearest approach 440 feet from Pine Avenue and 432 feet from
Commercial Street.
D. Utilities:
1. Public Works:
a. Location of sewer: N Hickory Ave.
b. Location of water: E Pine Ave, Commercial St
c. Issues or concerns: No concerns
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
VII. AGENCY COMMENTS MEETING
No comments were received by the Planning Department from other City departments for the subject
application. Please see the public record for the MDA and VAR file for any written comments that
may have been submitted by other agencies.
VIII. STAFF ANALYSIS
A. Development Agreement Modification (MDA): When the subject property was rezoned in 2007,
it was part of the proposed Pinebridge development and was included in the development
agreement (DA) for that project. Since that time, the property has been acquired by the applicant
and is proposed to develop as a distribution center and corporate campus for Scentsy. Thus, the
new owner/applicant proposes to separate this property from the existing DA and record a new
DA solely for the subject property.
The new DA proposed by the applicant includes a conceptual site development plan and
conceptual building elevations for the Scentsy campus which are included in Exhibits A.5 and
A.6. The applicant has submitted a modified version of the existing DA, included in Exhibit A.3,
which reflects the new ownership of the property, proposed development plan, and removal of
parts that are no longer applicable.
Condition #5.1.4 (d, e, f, and g) of the proposed DA includes specific design standards that are
included in UDC 11-3A-19. Since the applicant is required to comply with these UDC, standards,
Staff is of the opinion that it's not necessary to specify them in the DA. Therefore, Staff
recommends these provisions be stricken from the DA and replaced with a requirement for the
applicant to comply with the design standards listed in UDC 11-3A-19 and the design guidelines
contained in the City of Meridian Design Manual.
The applicant also requests approval through the DA to construct the distribution center (Building
A), which is classified in UDC Table 11-2B-2 as an accessory use in the C-G district, prior to
construction of the office tower (Building B) and auditorium & fitness center (Building C), both
classified as principal permitted uses in the C-G district (see Exhibit A.4). The applicant proposes
to commence construction of either Building B or C within 30 months of completing Building A.
Scentsy Campus MDA-10-010; VAR-10-002
Page 3
Because a conceptual development plan has been submitted showing how the property will
develop in the future with principal permitted uses in the C-G district, staff is amenable to the
applicant `s proposal to construct the distribution center first followed by the other two structures
in phases. In addition, the applicant is constructing a warehouse and has related facilities located
immediately south across Commercial Avenue that are integrally related to the distribution
facility.
Please see Exhibit A.4 for Staff's recommended changes to the DA proposed by the applicant as
discussed above.
B. Variance (VAR): A variance to UDC 11-3H-4B.2 is requested, which requires the owner to
develop or otherwise acquire access to a street other than the state highway when a change or
increase in intensity of use is proposed. The applicant proposes one (1) right-in/right-out (BIRO)
access to/from the site via Eagle Road midway between Pine Avenue and Commercial Street with
a right turn deceleration lane southbound on Eagle Road as shown in Exhibit A.8, consistent with
ITD's approval (see Exhibit A.7).
In 2007, a variance was requested for access to SH 55/Eagle Road between Commercial Street
and Pine Avenue as currently proposed. The City Council heard the request but felt approving a
variance for access at that time, prior to approval by ITD, was premature.
In the minutes from that meeting, is was stated that Council's previous position had been to not
allow access on state highways until the applicant had worked out any issues with the
transportation department and received their approval. At such time, the applicant would request
a variance from Council and generally get a favorable response. Based on this discussion, the
applicant chose to withdraw the application and pursue a variance through ITD before requesting
approval of a variance from the City. Subsequently, ITD has approved the variance for access and
the applicant is now requesting approval of the variance from the City as recommended by
Council.
A traffic analysis, dated November 17, 2010, prepared by Stanley Consultants, was submitted
with this application which considers and evaluates the intersection of Eagle & Pine and the
traffic impacts with a BIRO access on Eagle between Pine & Commercial as proposed. In
summary, the traffic analysis surmises the BIRO would reduce traffic at the intersection, lower
the average delay, and reduce the right-turn traffic approximately 12% during the PM peak hour
resulting in queue length reduction and an overall improvement in site circulation. Additionally,
the BIRO access is projected to reduce the number of conflicts and likelihood for potential
crashes at the intersection due to reducing traffic at the intersection.
In accord with UDC 11-SB-4E, in order to grant a variance, the Council has to make three
findings as follows: 1) The variance shall not grant a right or special privilege that is not
otherwise allowed in the district; 2) The variance relieves an undue hardship because of
characteristics of the site; and 3) The variance shall not be detrimental to the public health, safety,
and welfare. Please see Exhibit B for Staff's response to these findings.
IX. EXHIBITS
A. Maps/Other
1. Vicinity Map
2. Map showing the Subject Property within the Previous Pinebridge Development
3. Applicant's Proposed Changes to Development Agreement
Scentsy Campus MDA-10-010; VAR-10-002
Page 4
4. Staff s Recommended Changes to Development Agreement Proposed by Applicant
5. Proposed Conceptual Site Plan
6. Proposed Conceptual Building Elevations
7. Idaho Transportation Department Encroachment Permit & Approval Letter
8. Proposed Access/Lane Configuration
B. Required Findings from the Unified Development Code
Scentsy Campus MDA-10-010; VAR-10-002
Page 5
Exhibit A.1 -Vicinity Map
Scentsy Campus MDA-10-010; VAR-10-002
Page 6
Exhibit A.2 -Map showing the Subject Property within the Previous Pinebridge Development
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Scentsy Campus MDA-10-010; VAR-10-002
Page 1
Exhibit A.3 -Proposed Changes to Development Agreement
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. .1-I.O.T. 1, LLC, Owner/Developer ~- = Dry ~~~
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and - .
entered into this day of , 2Q10• by and between ~ of Meridian, a ~,-- oelate0: oa
municipal corporation of the State of Idaho, hereafter called CITY, ands-I OT. 1, LLC, ~- oe~eoee: n~ ~n
whose address is .3698 E. Lanark Meridian, Idaho ,83642 hereinafter called u.i.t.e: zsa s. >~L~a. suite lzo.
OWNER/DEVELOPER. a°"°
DeMbed: 83709
RECTTALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/' ~ o<
equity, of that certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaha Code, _ & 67-6511A~rovides that cities ma~!,~.--~ o: Lc• ~ •
ordinance, require or permit as a condition of re-zoning that the edema: ldeho Code,
Owner/Developermake awritten commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner eveloper has submitted an application fora ~~:
Modification to Development Aereement dated 2-28-08 instrument
# 108022893: and Debted: e~mudeu ~ ~s oft
1.5 WHEREAS, OwnedDeveloper made representations at the public
hearing„~iefore the Meridian Cif Counc' as to how the subject
Property will be developed and what improvements will be made; and
P~opmry's deecn'bed m 6:Lebit A aed Lee
requeetad a deeigDetion of C-G (amoral
c~lal>. (Nre~~;pa cow of,Le cay
Ddded: e
Deleted: bah before dm Meridim
1.6 WHEREAS, record of the proceedings for the requested ~ PLC ~ ~a cm~eoo ~
development agreement modification for„~he subject Property held Dilated: eonezatiae<aoduemg
Ldes~goahm of J
DEVELOPMENT AGREEMENT (AZ 07-006 8c RZ 07-010} PINEBRIDGE SUBDIVISION
PAGE 1 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
Page 2
before~he City Council, include responses of govemmen~ : ~ ~s ~
subdivisions providing services within the City of Meridian planning c°~'°"~' ~ "'~'~a'" b°r°f°
jurisdiction, and received further testimony and comment; and
1.7 WHEREAS, City Council, the da o has roved certain : ~`
Findings of Fact and Conclusions of Law and Decision and Order, set uela~d: xovamber
forth in Exhibit B, which are attached hereto and by this reference oeieoed: zoos
incorporated herein as if set forth in full, hereinafter referred to as (the
Findings); and
1.8 WHEREAS, the Findings require the Owner/Developer to modi
the existing development agreement to reflect the change in
ownership: and ,-j Deleted: eoc«;o<o a davatopmmt
I a~®t hefaca tLe City Conical ulun
final action an aooexaticn and moing
19 WHEREAS Owner/Develo er eems it to be in 'ts best interest to W
be able to enter into this Agreement and aclrnowledges that this w.mected: Fvtst: Bald
Agreement was entered into voluntarily and at 'ts ur ' and r ests• Deleted: owxswDSVSwrsa
and :,~
Deleted: me;<
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement, herein
being established,in accordance with the amended Comprehensive ~ -- Dalated:a.a,~ltoraV;a~asa
Plan of the City of Meridian adopted August 6, 2002 Resolution No.
~ °y ~° ~~' m t°° ~°`°°~'°~ 5or
deaignuiae from govaemaot wbdiviaiona
02-3 82, and the Zoning and Development Ordinances codified in + ~ ~s
Meridian Unified Development Code, Title 11. ~ ~ ~'~`''
dasigouicn is
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE 2 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
Page 3
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to ~i.O.T. 1. LLC, „i' t]BIlEGa: oMB myeemamn
whose address is,3689 E. Lanark. Meridian. Idaho 83642 the party t~etetett: 2so s. seecbtyaoa, s~.12o,
that owns and is developing said Property and shall include any ~ H°"°. ra.ho ffi~ ~
subsequent owner(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in _
Exhibit A describing the parcel currently zoned C-G _~General t)deEed: a
Commercial), attached hereto and by this reference incorporated w~etttd: m be seoterod tod
herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2B-2 which are herein specified as follows:
Construction and development of.
zone pertinent to the.
Dt3te0ed: 61 dates door ed 1l
eartatva /e6 oat 1~@
odeeea:.~e~-oeo orraz o~-oro
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. Development of the property shall substantially comply with the
conceptual site plan and elevation submitted with the subject appliartion
and the concepts outlined below.
4. The following concepts shall be employed in the development of the
property:
DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE 3 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
oebtsd: 2.. Pim sbea shall be
emmdetl a I.oceat chore pria m
ieetmece of mr Cetti6c~e ~' oooua~r
far beiltlings ~ watld tetprire accaa to
I'me Avenue.
Dttrebtldt q
t
3.. whale m~ ~ eaieliog utiktiea and
rrhae tha pttbue toeda ate
axes. ure tbveloper ebea be eaoarod up to
7 ooarpaecy pemdta prig to seal pba
rewrasaau. The [+heoiog Drtector vend
the navaaopeamt setvieea M>mager of the
City of Metidim enry consider aaowieQ
additicoal ooatpemry petmih (not to
exceed 13) ifthe admioistreum of the
prerieea 7 sets to be ed6cieot end in the
City's beat io6ereat.7
Page 4
a. General massing of buildings, roundabouts and landscape islands in Deleted: pmfimioary plat end
streets shall be constructed as generally shown on the on foal site Deletes: smo>oy c~seramte
plan prepared by TA Inc., dated I-12-10. o.aetea: s-s-0~
b. Pedestrian connections shall be constructed between buildings in the
form of pathways distinguished from vehicular driving surfaces : °.. stns aheu ~ buitc
eat ro ~~ ~ e majority of
through the use of pavers, colored or scored concrete
or bricks; m° t t0'~° ~''~ sines of the
,
~. Common areas with site amenities (i.e., plazaslco ds ~t
water features, pitaric azeas, flower gardens, public art, etc.) aze ~~; a
encouraged to be included within the evelo went. ; °>~,~
Exterior boil ' walls should demonstrate the . ~ ~ ~ ~ ~
~.~,~, ~~°
appearance of high quality materials of stone, brick, wood, or other ; °_ _ s» , ~
native materials (acceptable materials include tinted ar textured ~~~ tea sash other a ~ aajaae~
masonry block, :textured or uainted azchitectural:concretepansls
or "`~el'r~° 7S no parking m die Sond
'
,
stucco or stucco like synthetic materials, ,Smooth faced concrete ofdu: Molding;:
: t:. windows
arv~a
block, tilt-up concrete panels, or prefabricated steel panels are ` ,
.
eroaaea totaling at i~ 3046 ofthe >«~
acceptable with the addition of paint andlor high q
ualit~ accent
~ of da fagade shouts lx provided far
f
d
h
_
materials aca
q t
at are .aewabie snow ollu$
. t aao~;t
~. The building design shall incorporate at least 2 changes in one or a Deleted: & .Provide wa0cways at Yeast
combination of the following: colar
texture and materials; -1 s ~'° ""~ ~ ~' °~° ~°°~` ~'a
,
. Rooflines shall demonstrate 2 or more of the followin :over ` fee~feec ~ ~ ~ ~°` Zoo
eaves, sloped roofs, two or more roof planes, varying parapet heights `°'`°°°°~~
and cornices; ~ Deleted: h
g. The primary building entrances shall be cleazly defined by the ~ ~ texnana yak
architectural design of the building. ~ oeletee: cAUed
uildin will be constructed in the order the are enerall listed on Deleted: -:
the conceptual site plan (A, B C etc ~ ; p,.~,i~ ~ as
i. Buildin "A" is an accesso use within the current zonin ;;
desi>nation and will be permitted to be constructed,prior to other ~~,~
p~ rlIlClDally permitted structures (B or CZper this agreement
i• The construction of either building B or C will commence with 30~ ~~: k
~
months of completing the previous building : t
.
Deleted: A Conditional Use Permit fa
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the multi ~Y portion of tltia
~ ~- ~ ~~~ ~+°* ~
the commitments contained herein shall be terminated, and the zoning designation reversed, °Uh°""'°e ~e ~ pt°t'rP'°V°t °°'~°`
upo an actual showin of defaul as determined b a court of tom etent 'urisdictio ofthe ~ ; rndett~ lt:ft: 1.38•,
Owner/Developer or Owners/Developershsirs, successors, assigns, to comply with Section 5 Hanging: 0.13•, Numbered + t.evel:
entitled "Conditions Governing Development of Subject Property" ofthis ant ~~
~~ 1 + Numbering Style: i, ti, Iii, .,. +
two years of the date this Agreement is effective, and after the City has complied with the Start at: 2 + Alignment: left +
AUgned at: 1.94• + rab after: o• +
notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent rodent at: z.4a•
amendments or re_codificafions thereof Formatted: Ind~tt: kanging: 0.13°
DEVELOPMENT AGREEMENT (AZ 07-OOb & RZ 07-010) PINEBRIDGE SUBDIVISION Deleted: a
PAGE 4 OF r 0
Scentsy Campus MDA-10-010; VAR-10-002
Page 5
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owner/Developerrnnsents upon an actual showing of default as determined
by a court of competent jurisdiction to the reversal of the zoning designation of the Property
subject to and conditioned upon the following conditions precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Ownet/Developer fails to
cure such failure within six (~ months of such notice.
8. INSPECTION: OwnerlDeveloper shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this agreement
or by City ordinance or policy, notify the City Engtneer and request the City Engineer's
inspections and written approval of such completed improvements err portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
9. DEFAULT:
9.1 In the event Owner/Developer, or OwnerlDeveloper's heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Properly and a court of competent jurisdiction
rules that OwnerlDeveloper is in defauhhereof, this Agreement may
be modified or terminated by the City upon compliance with the
requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Owner/Developer of any one or
more of the-covetiants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIltEMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to Owner/Developer_~
11. ZONING: She current ~nnino nfC _C; (C:r+nPrat ~'~.,,,,,Pr,-;~t~ ~h~lt re,,,a,,,
DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDMSION
PAGE 5 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
tea:. ~.m~ ttrad of
a,e Meriden ~B Ordinaaee
oo®xRm with ~ to inning of the
>~~ by the ~ cotmcil. ufor ~.
reaaon a@er such recotdet;m, the C;ry
Coonerl faL m adopt the ordimoce io
cammoti~ with tta man aad
~g ofthe Property ean6ontpiated
booby. the city ahaa acaoom aad record
as appropriate matrwtent ofroleare of
mir -1
t:!at~tna: c;ry the.
recordauan of the duly approved
ABroameot, enact a valid and biadiog
adiamce moiag rho Property as apeci8ed
herein.
Page 6
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
12.1 In the event of a material breach of this Agreemem, the parties agree
that City and Owner/Developer shall have thirty (30) days a8er
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The Citymayrequire irrevocable letters
of credit, cash deposits, certified check as allowed under Meridian City Code Section 11-5-C,
to insure installation of any unfinished improvements that are not in conflict with Section 15
of this Agreement. At the City's sole discretion the Owner/Developer agrees to provide
surety in the form as required by the City, if necessary.
14.
Certificates of Occupancy will be issued
been installed, completed, and accepted by t
letter of credit for unfinished improvements.
in which the improvements have not
or otherwise entered into an approved
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRTDGE SUBDIVISION
PAGE 6 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
CERTIFICATES OF OCCCJPANCY: The Owner/Developer agrees that no
DNabed: unu7 ell ~psovemmra urn
. sakes ~ c~ and
DevelopedOava hae mtesed mm as
sddandum ag~eam~t etiaae vrhm dx
vnptavemmts vn'D be oaaepleoed m a
pbesed developed: and m ary event, ao
Certifieffiea of Ocwpooy shall be issued
Page 7
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
with copy to:
ID
City Clerk Phillip E. Broadbent
City of Meridian Scentsv, Inc.
33 E. Idaho Avenue_ 3698E Lanark
Meridian, ID 83642 Meridian. ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE 7 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
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19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of OwnerlDeveloper, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developerhri fully performed its obligations under this Agreement.
2Q. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and 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.
21.1 No condition governing the usesand/or conditionsgoverning re-caning ofthe
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
andlor amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date ~ execution of the Mayor and C~ Clerk.
DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PTNEBRIIKiE SUBDIVISION
PAGE 8 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
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Scentsy Campus MDA-10-010; VAR-10-002
Page 11
Exhibit A.4 - Staff s Recommended Changes to Development Agreement Proposed by Applicant
5. CONDITIONS GOVERNING DEVELOPMF,NT OT SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. Development of the property shall substantially comply with the conceptual site plan and
elevations submitted with the subject application and the concepts outlined below.
42. The following concepts shall be employed in the development of the property:
a. General massing of buildings, roundabouts and landscape islands in streets shall be
constructed as generally shown on the conceptual site plan prepared by CTA, Inc.,
dated 11-12-10.
b. Pedestrian connections shall be constructed between buildings in the form of pathways
distinguished from vehicular driving surfaces through the use of pavers, colored or
scored concrete, or bricks;
c. Convnon areas with site amenities (i.e., plazas/courtyards, water features, picnic areas,
flower gardens, public art, etc.) are encouraged to be included within the development.
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h3. Buildings will be constructed in the order they are generally listed on the conceptual site
plan (A, B, C, etc.).
I4. Building "A" is an accessory use within the current zoning designation and will be
permitted to be constructed prior to other principally permitted structures (B or C) per
this agreement.
~5. The construction of either building B or C will continence within 30 months of
completing the previous building
6 Sanitar~er service to this development is bein~pro~osed via extension of mains in N
Hickory Ave. The applicant shall install mains to and through this subdivision• applicant
shall coordinate main size and routing with the Public Works Department, and execute
standard forms of easements for any mains that are required to provide service.
Minimum cover over sewer mains is three feet, if cover from top of pipe to sub- arg de is
less than three feet than alternate materials shall be used in conformance of City of
Meridian Public Works Departments Standard Specifications.
Scentsy Campus MDA-10-010; VAR-10-002
Page 12
7. Water service to this site is beingproposed via extension of mains in E Pine Ave and
Commercial St. The applicant shall be responsible to install water mains to and through
this development, coordinate main size and routing with Public Works
8. The applicant shall provide a 20-foot easement for all public water/sewer mains outside
of public right of way (include all water services and hydrants). The easements shall not
be dedicated via the plat but rather dedicated outside the plat process using the City of
Meridian's standard forms. The easement shall beg_raphically depicted on the plat for
reference p_pr oses. Submit an executed easement (on the form available from Public
Works), a legal description which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B~
for review. Both exhibits must be sealed signed and dated by a Professional Land
Surveyor. DO NOT RECORD. Add a note to the plat referencing this document.
9. The City of Meridian requires that pressurized irri atg ion systems be supplied by a} ear-
round source of water (MCC 12-13-8 3) The applicant should be reauired to use any
existing surface or well water for the primary source. If a surface or well source is not
available a single-point connection to the culinary water system shall be required If a
single-point connection is utilized the developer will be responsible for the payment of
assessments for the common areas prior to certification of occupanc fy or any structures
within the project.
10. All existing structures that are required to be removed shall be certification of occupancy
for any structures within the project.
11. All irrigation ditches, laterals or canals exclusive of natural waterways intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per
UDC 11-3A-6. Plans shall be approved b ty he appropriate irri~ation/draina~e district or
lateral users association (ditch owners) with written approval or non-approval submitted
to the Public Works Department. If lateral users association approval can't be obtained
alternate plans shall be reviewed and approved by the Meridian City En ig Weer prior to
final plat si ature.
12. 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
En ineering Department at (2081898-5500 for inspections of disconnection of services
Wells may be used for non-domestic purposes such as landscape imQation if approved by
Idaho Department of Water Resources Contact Robert B. Whitnev at (208)334-2190
13. 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.
14. Street signs are to be in place water system shall be approved and activated fencing
installed, drainage lots constructed, road base approved by the Ada Count~ghway
District, prior to appl~g for building_permits.
15. A letter of credit or cash surety in the amount of 110% will be required for all
uncompleted fencing landscaping amenities pressurized irrigation, sanitary sewer
water, etc., prior to obtaining certificates of occupancypermit.
16. All development improvements including but not limited to sewer fencing micro-paths
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy
Scentsy Campus MDA-10-010; VAR-10-002
Page 13
17. The Applicant shall be required to pay Public Works development elan review and
construction inspection fees as determined during the plan review process prior to the
issuance of a Ip an approval letter
18. Applicant shall be responsible for application and compliance with any Section 404
Permitting that ma be required by the Army Corps of En ing eers
19. Developer shall coordinate mailbox locations with the Meridian Post Office
20. All grading of the site shall be performed in conformance with MCC 11-12 3H
21. Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving_engineered backfill where footin would sit atop fill material
22. The applicants desi tg 1 engineer shall certify that all seepage beds out of the public ri hg_t
of-way are installed in accordance with the approved design plans This certification must
be received by the City of Meridian Public Works Department prior to the project
receivin final approval.
23. At the completion of the project the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any_
structures within theproject
24. 100 Watt and 250 Watt high-pressure sodium street lights shall be required per the City
of Meridian Department of Public Works Improvement Standards for Street Lighting
All street lights shall be installed at developer's expense Final design shall be submitted
to the Public Works De artment fora roved. The street li ht contractor shall obtain the
approved design on file and an electrical permit from the Public Works Department prior
to commencing installations The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC
Scentsy Campus MDA-10-010; VAR-10-002
Page 14
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Scentsy Campus MDA-10-010; VAR-10-002
Page 15
Exhibit A.5 -Proposed Conceptual Site Plan
Scentsy Campus MDA-10-010; VAR-10-002
Page 16
Exhibit A.6 -Proposed Conceptual Building Elevations
Scentsy Campus MDA-10-010; VAR-10-002
Page 17
Al1dIt01'Il1rT1 ~ Fifnaes Cantar
Exhibit A.7 -Right-Of--Way Encroachment Permit Approved by ITD & Approval Letter
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Scentsy Campus MDA-10-010; VAR-10-002
Page 18
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Scentsy Campus MDA-10-010; VAR-10-002
Page 19
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Scentsy Campus MDA-10-010; VAR-10-002
Page 20
Exhibit A.8 -Proposed Access/Lane Configuration
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Scentsy Campus MDA-10-010; VAR-10-002
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Page 21
Exhibit B -Required Findings from the Unified Development Code
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the
findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order
to grant a variance, the Council shall make the following findings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
Staff finds that granting a variance would not allow a right or special privilege that is not
otherwise allowed for properties that are adjacent to a state highway because the City
Council has granted similar privileges to other properties in this area/district in the past.
B. The variance relieves an undue hardship because of characteristics of the site;
Staff finds that there are no undue hardships that would prevent the applicant from
developing the site by restricting access to SH 55/Bagle Road. However, the traffic
impact study reflects that aright-in/right-out access would improve traffic flow within the
site and at the intersection of Pine and Commercial Streets with SH 55/Eagle Road.
Additionally, the Idaho Transportation Department has already approved the proposed
access.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds that the Traffic Impact Study submitted with this application suggests that
allowing the proposed right-in/right-out access to SH 55/Eagle Road will actually
improve public safety and will not be detrimental to the public health and welfare due to
a reduction of traffic at the Pine/Eagle intersection.
Scentsy Campus MDA-I0-OIO; VAR-10-002
Page 22