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Application
Mayor Tammy de Weerd E IDIAN�-- City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jacy Jones, City Clerk, by: June 21, 2016 Transmittal Date: June 2, 2016 File No.: H-2016-0061 Hearing Date: June 28, 2016 Request: Public Hearing to Amend the Recorded Development Agreement (DA) (Instrument #108119853) for the purposes of Incorporating a New Concept Plan, Building Elevations and certain provisions of the Development Agreement for Harmony Hills Assisted Living By: Derk Pardoe Location of Property or Project: 1521 and 1529 S. Tech Lane Ryan Fitzgerald (No FP) Gregory Wilson (No FP) Steven Yearsley (No FP) Patrick Oliver (No FP) Rhonda McCarvel (No FP) Tammy de Weerd, Mayor City Council Sanitary Services Building Department/ Rick Jackson Fire Department Police Department City Attorney City Public Works City Planner Parks Department Economic Dev. Your Concise Remarks: Meridian School District Meridian Post Office Ada County Highway District Ada County Development Services Central District Health COMPASS Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. Qwest Intermountain Gas Idaho Transportation Department Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control/Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org Hearing Date: June 28, 2016 Project Name: Harmony Hills Assisted Living File No(s).: H-2016-0061 Request: (MDA): Request to amend the recorded development agreement (DA) (Instrument #108119853) for the purposes of incorporating a new concept plan, building elevations and certain provisions of the development agreement Location: The site is located 1521 and 1529 S. Tech Lane, in the SW '/a of Section 13, Township 3 North, Range 1 West, B.M. (��E IDIZ I STAFF USE ONLY: Project name: File number(s):--A, Assigned Planner: of Review all that ❑ Accessory Use ❑ Administrative Design Review ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Certificate of Zoning Compliance ❑ City Council Review ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ® Conditional Use Permit ❑ Conditional Use Modification Director/Commission (circle one) ❑x Development Agreement Modification ❑ Final Plat ❑ Final Plat Modification ECEIVE MAv 16 2016 Planning Division DEMENT REVIEW APPLICATION1 sf DA -v � �-� —� 0-4-' Sc ^ C U ® h ems;.., 0.4 — �. iy -1/ 261� ❑ Preliminary Plat ❑ Private Street ❑ Property Boundary Adjustment ❑ Rezone ❑ Short Plat ❑ Time Extension: Director/ Commission/Council (circle one) ❑ UDC Text Amendment ❑ Vacation: Director/ Council (circle one) ❑ Variance ❑ Other Applicant Information Applicant name: Dark Pardoe Phone: (801) 808-2357 Applicant address: 3454 Stone Mountain Lane City: Email: derkpardoe@msn.com State: UT Zip: Applicant's interest in property: ❑x Own ❑ Rent ❑ Optioned ❑ Other 84072 Owner name: Derk Pardee Phone: (801) 808-2357 Owner address: 3454 Stone Mountain Lane Email: derkpardoe@msn.com City: Agent/Contact name (e.g., architect, engineer, developer, representative): State: UT Zip: architect 84072 Firm name: Brian Carlisle Phone: (801) 355-6868 Agent address: 510 South 600 East Email: bcarlisle@trdp.com City: Salt Lake City State: UT Zip: 84102 Primary contact is: ❑ Applicant ❑ Owner © Agent/Contact Subject Property Information Location/street address: 1521 and 1529 S Tech Ln. Township, range, section: Assessor's parcel number(s): R4885160050, R48851600040 Total acreage: 1.72 Zoning district: C-G Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/olanning -1- (Rev. 0611212014) rJel THE RICHARDSON DESIGN PARTNERSHIP L.L.C. Project Narrative Applicant: Brian Carlisle Phone:(801)540-4808 Email: bcarlisle CaDtrdp.com Property owner: Derk Pardoe Phone: (801) 808-2357 Email: derkpardoe@msn.com Original project name: Kennedy Commercial Center Previous MDA: 14-003 Instrument #108119853 Date of City Council approval: May 6, 2014 The owner would like to modify the development agreement to allow for an assisted living facility to be built on the 2 southwest parcels of the development. The current concept plan shows the use for the parcels as multiple retail buildings. The proposed building is 48,742 sq. ft. The building is approximately 37' high and contains 70 single bed units. It will be built out of stone and fiber cement siding with large windows. The required 35 parking stalls will be provided to accommodate guests and employees and the limited number of residents with vehicles. We believe that an assisted living facility would be a great use for the two southwest parcels to provide a buffer between the multifamily residential units to the north and the surrounding commercial and industrial developments. The facility would provide only a light amount of vehicle traffic. It will be for seniors that require some assistance with activities of daily living and wish to live as independently as possible. This facility will provide personal care assistance with bathing, dressing, grooming, hygiene, ambulating and medications. Meals, transportation, laundry, and housekeeping are provided along with twenty-four hour supportive service and supervision. This facility would not house memory care residents. The sections of the Development Agreement that would be modified are as follows: 5.1.1— Development of the property shall substantially comply with the concept plan and building elevations attached in updated Exhibit. 5.1.2 - Direct lot access to Overland Road will be allowed for one entryway to the assisted living facility at the existing curb cut on the southwest corner of the property. A R C H I T E C T U R E P L A N N I N G I N T E R I O R S 510 SOUTH 600 EAST, SALT LAKE CITY, UTAH 84102 TELEPHONE: 801.355.6868 FAX: 801355.6880 IOq, 2-(SS45M Recording Requested By and When Recorded Return to: Peter F. Ziblatt Wells Fargo Bank, National Association 333 Market Street, 17th Floor San Francisco, CA 94105 ADA COUNTY RECORDER Christopher D. Rich AMOUNT 22.00 5 BOISE IDAHO 12/24/2013 08:50 AM DEPUTY Gail Garrett Sunpnfile Electronic Recording I IIIIII IIIII IIIII IIIIII IIIIII IIIII IIIII IIII IIIIII III IIIII IIII IIII RECORDED -REQUEST OF FIRST AMERICAN TITLE AND ESCRO 113136531 ELECTRONICALLY RECORDED - DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS PART OFTHE ORIGINAL DOCUMENT SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY SPECIAL WARRANTY DEED THE GRANTOR, Wells Fargo Bank, National Association, for and in consideration of Ten Dollars ($10.00) and other valuable consideration in hand paid, grants, bargains, sells and conveys to S.A.N.C. Investments, L.L.C., a Utah limited liability company, Grantee, whose address is 3454 Stone Mountain Lane, Sandy, Utah 84092, the real estate and all appurtenances, easements and rights thereto (the "Property"), situated in the County of Ada, State of Idaho, and described in Exhibit A annexed hereto and incorporated herein. GRANTOR, for itself and its successors in interest, does by these presents expressly limit the covenants of this deed to those herein expressed, and excludes all covenants arising or to arise by statutory or other implication, and does hereby covenant that against all persons whomever lawfully claiming or to claim .by, through or under Grantor and not otherwise, Grantor will forever warrant and defend such described Property, subject to the matters described on Schedule 1 attached hereto. DATED this � day of December, 2013. WELLS FARGO BANK, National Association By: eter F. Zi tt, Vice President [Notary acknowledgment on following page.] SPECIAL WARRANTY DEED -I Exhibit A to Special Warranty eed Legal Description LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows: PARCEL A: A parcel of land being a portion of the Southeast Quarter of the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the South Quarter corner of said Section 13; thence along the South boundary of said Section 13, which is also the centerline of West Overland Road; North 89°26'27" West 1327.84 feet to an iron pin marking the Southwest corner of said Southeast Quarter of the Southwest Quarter of Section 13; thence leaving said South boundary along the West boundary of said Southeast Quarter Southwest Quarter of Section 13 North 00' 13' 19" East, formerly North 00°06'51" East 48.00 feet to an iron pin on the North right of way line of said West Overland Road, said point being the POINT OF BEGINNING; thence continuing North 00° 13' 19" East 1075.98 feet to an iron pin on the South right of way line of Interstate Highway I-84; thence along said South right of way line South 89°52'52" East 1327.40 feet, formerly South 89°53'39" East 1325.21 feet to an iron pin on the East boundary of said Southeast Quarter of the Southwest Quarter of Section 13; thence leaving said South right of way Iine along said East boundary of the Southeast Quarter of the Southwest Quarter of Section 13 South 00°12'01" West, formerly South 00°00'00" West 585.98 feet to an iron pin; thence leaving said East boundary South 90°00'00" West 578.50 feet to an iron pin; thence South 00°06'51" West 494.56 feet to an iron pin on said North right of way line of West Overland Road; thence along said North right of way line North 89°26'27" West 750.07 feet to the POINT OF BEGINNING I Oq . )4 mGmlll Recording Requested By and When Recorded Return to: Peter F. Ziblatt Wells Fargo Bank, National Association 333 Market Street, l7th Floor San Francisco, CA 94105 ELECTRONICALLY RECORDED - DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS PART OF THE ORIGINAL DOCUMENT SPACE ABOVE THIS LINE FOR RECORDER'S USE ONL SPECIAL WARRANTY DEED THE GRANTOR, Wells Fargo Bank, National Association, for and in consideration of Ten Dollars ($10.00) and other valuable consideration in hand paid, grants, bargains, sells and conveys to S.A.N.C. Investments, L.L.C., a Utah limited liability company, Grantee, whose address is 3454 Stone Mountain Lane, Sandy, Utah 84092, the real estate and all appurtenances, easements and rights thereto (the "Property"), situated in the County of Ada, State of Idaho, and described in Exhibit A annexed hereto and incorporated herein. GRANTOR, for itself and its successors in interest, does by these presents expressly limit the covenants of this deed to those herein expressed, and excludes all covenants arising or to arise by statutory or other implication, and does hereby covenant that against all persons whomever lawfully claiming or to claim by, through or under Grantor and not otherwise, Grantor will forever warrant and defend such described Property, subject to the matters described on Schedule 1 attached hereto. DATED this ff day of December, 2013. WELLS FARGO BANK, National Association By: 4F., Vice President [Notary acknowledgment on following page. J SPECIAL WARRANTY DEED - I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 STATE OF California ) ) ss. COUNTY OF J�QA Ftdirf 0j'V ) On(IfflMhf, ,20�) before me, UP I t 11' /rG'llm hAff Date n , Here InsertN e and Title of Officer personally appeared P. SSDAVj.S Place Notary Seal Above Name(s) of Signer(s) and who proved to me that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment ofthisform to an unintended document_ Description of Attached Document Title of Type of Document: Special Warranty Deed Number of Pages: Signer(s) Other Than Named Above: Capacity Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or conservator ❑ Other: Signer Is 0 2013 National Notary Association Document Date: , 201_ SPECIAL WARRANTY DEED - 2 The above described parcel of land is now described as All Lots in Block 1 of Kennedy Commercial Center Subdivision, according to the plat thereof, filed in Book 101 of Plats at Pages 13409-13412, Ada County Records. LESS AND EXCEPTING: Lots 1, 6, 10, 11, 12 and 13 in Block I of Kennedy Commercial Center Subdivision, according to the plat thereof, filed in Book 101 of Plats at Pages 13409-13412, Ada County Records. PARCEL B Parcel B of Record of Survey 8610, recorded August 12, 2009, as Instrument No. :1.09094159, being a parcel of land situated in the Southeast Quarter of the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, being all of Lot 6 in Block 1 and a portion of Lot 10 in Block 1 of KENNEDY COMMERCIAL CENTER SUBDIVISION, recorded in Book 101 of Plats at Pages 13409-13412, Records of Ada County, Idaho, more particularly described as follows: BEGINNING at the Northwest corner of Lot 10 in Block 1 of said subdivision; thence, along the northerly line of said Lot 10, South 89°34'29" East, 5.00 feet; thence, parallel with the westerly line of said Lot 10, South 00°31'50" West, 251.56 feet; thence, South 89'28'10" East, 341.54 feet to the easterly line of said Lot 10; thence, along *tie easterly line of said Lot 10 and Lot 6, South 00°26'33" West, 560.32 feet to the Southeast corner of said Lot 6; thence, along the southerly line of said Lot 6, North 89°07'53" West, 347.41 feet to the Southwest corner of said Lot 6; thence, along the westerly line of said Lot 6 and Lot 10, North 00°31'50" East, 809.82 feet to the POINT OF BEGINNING. Schedule 1 to Special Warranty Deed This conveyance is made and accepted subject to all restrictions, reservations, covenants, and exceptions appearing of record in the official public records of real property (and related and predecessor Property records) of the County in which the Property is located, to the extent such matters are applicable to the Property, including without limitation: all restrictions, reservations, covenants, and exceptions listed in the commitment for title insurance issued in connection with this Deed. This conveyance is also made and accepted subject to the following, but only to the extent that they are still in effect and affect the Property: (1) existing deed restrictions and restrictive covenants affecting the Property; (2) discrepancies, conflicts and shortages in area or boundary lines, or any encroachments or any overlapping of improvements; (3) taxes for the current year and subsequent years and subsequent assessments for prior years due to change in land usage or ownership; (4) existing building and zoning restrictions and ordinances; (5) easements or roads, easements visible upon the ground, easements of record; (6) liens created or assumed as security for the purchase price; (7) rights or privileges of public service companies and utility easements of record or common to any platted subdivision of which the Property is a part; (8) reservations or other exceptions of record or known to the Grantee; (9) the terms and provisions of any declaration, by-laws and rules and regulations of any condominium regime or homeowner's association pertaining to the Property, as amended, including the platted easements and assessments set out therein; (10) the terms of any ground rent, ground lease or similar agreements, if any; (11) any matters that would be reflected on a current survey of the Property; (12) any other liens, encumbrances, easements, covenants or restrictions of record or known to the Grantee; (13) rights of parties in possession; (14) any and all other restrictions and zoning laws, regulations and ordinances of municipal and/or other governmental authorities. Grantee and its agents having completed a full inspection of the Property and any improvements located thereon, there is no warranty, express or implied, made or given by Grantor except as to title as herein given and limited; the Property is conveyed "AS -IS," "WHERE IS," and no warranty or representation of any kind, express or implied, is made as to the condition of the Property, whether improvements or fixtures, sub -soil conditions, or natural or man-made conditions on or under the Property or otherwise; GRANTEE DOES HEREBY WAIVE, AND GRANTOR DOES HEREBY DISCLAIM, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, NATURE OR TYPE WHATSOEVER WITH RESPECT TO THE PROPERTY, including by way of description but not limitation, those of CONDITION, CHARACTERISTICS, MERCHANTABILITY, TENANTABILITY, HABITABILITY, SUITABILITY, and FITNESS FOR A PARTICULAR PURPOSE OR USE, and Grantee releases Grantor from any claim, cause of action or other assertion of right with regard thereto. 6559425_2 AFFIL"IAVIT OF LEGAL INTEREST am STATE OF ) Salif L4l4- COUNTY OF *ftA ) Der% hyl0-e, 3YSK S-4 to wok'4"' I&R-e (name) (address) (city) (state) being fiirstdniy sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: r Aary lw, ps/e- ,sic So 6 sa E S e- c. LA -a. L, gy / a 2 (name) (address) to submit the accompanying application(s) pertaining to that property. L. I agree to indennilj, defend and hold the City of Meridian and its employees harmless from any claim or liabitity resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the Purpose of site inspections related to processing said applieation(s). Dated this 2 day of A� �I ( 20 I la _ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. MELODY M. SILL $ NOTARYPUBLIC•SBITEOfU/AN COMMISSION#887458 COMM, EXP. 03.01.2020 otaryPublicr'for Idaho) Residing at:- Vvft-4__ur My Commission Expires: '�-I-ZO Community Development u Planning Division a 33 E. Broadway Avenue, Ste. 102 Wridien, Idaho 83642 Phone: 208-884 5533 Pas: 208-888-6854 w%% meriiit�ncm o!4'0, inrr i!�e Brian Carlisle From: Wesley, Stewart <wstewart@reeve-assoc.com> Sent: Tuesday, May 03, 2016 2:12 PM To: Brian Carlisle Cc: Thomas Hunt, Nate Reeve Subject: FW: Advanced Health Care (Verify title and other items you may have) See email below from Mindy stating that a traffic study is not required. Thanks, Wes Stewart EITI Project Engineer WReeve From: Mindy Wallace [mailto:Mwallace@achdidaho.org] Sent: Tuesday, May 03, 2016 2:09 PM To: Wesley, Stewart <wstewart@reeve-assoc.com> Subject: RE: Advanced Health Care (Verify title and other items you may have) Wes, A traffic impact study is not required for the proposed 70 bed Harmony Hills Assisted Living, located at 1521 and 1529 S. Tech Lane in Meridian, Idaho. Please let me know if you have any other questions. Mindy Mindy Wallace, AICP Planner III Ada County Highway District 208-387-6178 Neighborhood Meeting Sign -In Sheet Meeting Date: 5/10/2016 Name Address Phone E-mail 1495 5 Tech Ln., Meridian ID COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiri.ag a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property Linder consideration. The applicant shall submit proof of property posting in the form of a notarized statement a id a phot)gra4ph of the posting to the City no later than seven (7) days prior to the public hearing aILes,i; g to where and when the sign(s) were posted. Unless such Certificate is received by the requ red date, the hearing will be continued. The si2n(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. 1 am awa,e of the above requirements and will comply with the posting requirements as staLd in UDC 11-,,A-5. App icin /agent signature Date Conimanhp Development . Planning Division . 33 E. Broadway Avenue, Sic. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fxv 208-888-6854 x�xxj uterid�aEt icx o n-i Mill" 044El IDIAN:--- Community Development Parcel Verification Date:5/3/16 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Harmony Hills Assisted Living - Meridian Parcel Numbers: R4885160050 (.861 Acres) R4885160040 (.862 Acres) T/R/S: 3N 1W 13 Property Owner: SANC Investments, LLC 3454 Stone Mountain Ln. Sandy, UT 84092 Address Verification Rev: 04/23/12 omsn cm�Rz �£30� %0 asa gG `.^ea ^e ®g 3 P W 1 3 0 HARMONY HILLS ASSISTED LIVING - MERIDIAN n • € a a° ° �9� Meridiant�Lco Idaho - "�Reeve 1�sAociateS Inc 71 a Preliminary SiteOPlan ® HARMONY HILLS ASSISTED LIVING - MERH Merridlen�, Idaho �* Preliminary Grading & Utility Plan Ino. i a I i 11 1I I I 1I � 11 � I14 11 R ,I fl II 11 11 II I, 11 II 1 II 11 II 11 II � 11 I 11 II �1 I fll I II IA T i--------TL-- I II II I II II 11 I I 11 Rl I I I 11 II II 11 11 1 1 z 1� 11 I II II II I II II II II 11 II II II II II 1 II II sw �. II II \ II I 11 II II I I II I I 11 III I II II II I I II 1/1 AI 11 II li e II L I I I _ I\I � II II I I II 11\ I I I II I I II 11 11/ I II I I ✓I (1 I 1 I I _ I II II II II R 11\ II II ' II III II II II II 11 II I 11 II II II I I II I I II 11 � II I I\ I 11 II II 11 II II 11 I I II I I II II i i o I II II III I II m m o E LIVING - MERIDIAN Preliminary Plan & Profile y _ - a \ Y a SMSa \ F T I I Fob I (s( r I I� 3 I � I I I HARMONY HILLS ASSISTED LIVING - MERIDIAN x x Meridian, Idaho & �e Preliminary Plan & Profile 4 j <,v 9 y / ^I � 4ia9 Rn- iJ) � m Y 9 (gel e 4 I I I I ICI =I I*I I �9 - a�:'.47.n II II � lol I I s I I � I I j II I it Ipl ` I I I'sl I�I I I i HARMONY HILLS ASSISTED LIVING • MERIDIAN Reeve Meridian, NldahoTM w° � lissoeiates,�lno. �s Preliminary Plan & Profile N 9.51 ,,, / «, woe ,: 3 r x f s I I �18 1 HARMONY RILLS ASSISTED LIVING -MERIDIAN yob (T/D'.- MeoldlMI anoIdaho Preliminary Plan & Profile \N HARMONY HILLS _ {) Meridian, a c_ Landscape Plan Inc. O m � ------------------------------ I I E � I d I l I 1 1 1 I I , r' I I VVV I ,ure I I I I I 6 I I I I I z I I � I I I I I J to Ifl F°.ad9 s �€ m`€a 3, 3, In 39 c8 C n (A Ps<�6'aivx3^ Fio'�°an9 5-.. H n G� SS Iif�. T �. [ oRi T K aFa ..l'fi is s m s £- z 'pi. as 8'se�a m D E O a 9: „x e c 4A , i i 53Sb �+E a Z Z g3 ?aP33. m P-0v o '.F-„Etm a�53 Z 8to_A 'a$ MP Ega HE 6 m� HARMONY HILLS €� ASSISTED LIVING "INURPRIll Qo 1521 SOUM TECH LANE s-R �' �O 3 g MERIDIAN IDAHO ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 19 BOISE IDAHO 05/08/14 09:35 AM DEPUTY Bonnie Oberbillig II I IIII III I'I IIIIII IIIIIIIIIII II I I III RECORDED —REQUEST OF 1140v4r80 Meridian Ciry DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. S.A.N.C. Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of "al 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and S.A.N.C. Investments, LLC whose address is 3454 Stone Mountain Lane, Sandy, UT 84092, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, City and previous Owner/Developer entered into that certain Development Agreement that was approved on October 31, 2008 and recorded as Instrument # 108119853. 1.5 WHEREAS, City and current Owner/Developer now desire to remove a portion of land referred to as Exhibit "A" from the original Development Agreement, and enter into a new Development Agreement for that portion of land which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. 1.6 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT — KENNEDY COMMERCIAL. CENTER (MDA 14-003) PAGE I OF 8 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.4 of the Staff Report attached to the Findings (Exhibit 13), the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 5.1.2 Direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 5.1.3 The applicant shall grant cross access to the property to the west (Parcel #S 1213336006) through the retail portion of the development. A copy of the recorded cross access agreement shall be submitted with the first certificate of zoning compliance application for the retail portion of the development. 5.1.4 Any future multi -family use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4- 3-27. 5.1.5 Sanitary sewer service to the Kennedy Commercial development is currently being accomplished via a temporary lift station which pumps to a discharge manhole in Overland Road. It shall be the responsibility of this developer to commission a study of the lift station capacity, and make any upgrades that are needed to accommodate this new proposal. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of DEVELOPMENT AGREEMENT - KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 3 OF 8 ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: S.A.N.C. lnvestments, LLC 3454 Stone Mountian Lane Sandy, UT 89092 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 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. 15. 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. DEVELOPMENT AGREEMENT - KENNEDY COMNNERcLAL CENTER (MDA 14.003) PAGE 5 OF 8 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: S.A.N.C. Investments, LLC ATTEST: Jaycee I, olman, City Clerk CITY OF MERIDIAN May` Tammy de Weerd S{�LIDNIIO L E A 4 r� tl DEVELOPMENT AGREEMENT- KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 7 OF 8 EXHIBIT A PARCEL A: A parcel of land being a portion of the Southeast Quarter of the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the South Quarter corner of said Section 13; thence along the South boundary of said Section 13, which is also the centerline of West Overland Road; North 89*26.27. West 1327.84 feet to an iron pin marking the Southwest corner of said Southeast Quarter of the Southwest Quarter of Section 13; thence leaving said South boundary along the West boundary of said Southeast Quarter Southwest Quarter of Section 13 North 00013.19. East, formerly North 00`06.51. East 48.00 feet to an iron pin on the North right of way line of said West Overland Road, said point being the POINT OF BEGINNING; thence continuing North 00`13.19. East 1075.98 feet to an iron pin on the South right of way line of Interstate Highway 1-84; thence along said South right of way line South 89°52.52. East 1327.40 feet, formerly South 89"53.39. East 1325.21 feet to an iron pin on the East boundary of said Southeast Quarter of the Southwest Quarter of Section 13; thence leaving said South right of way line along said East boundary of the Southeast Quarter of the Southwest Quarter of Section 13 South 00*12.01. West, formerly South 00*00.00. West 585.98 feet to an iron pin; thence leaving said East boundary South 90°00.00, West 578.50 feet to an iron pin; thence South 00*06.51. West 494.56 feet to an iron pin on said North right of way line of West Overland Road; thence along said North right of way line North 89*26.27. West 750.07 feet to the POINT OF BEGINNING. The above described parcel of land is now described as All Lots in Block 1 of Kennedy Commercial Center Subdivision, according to the plat thereof, filed in Book 101 of Plats at Pages 13409-13412, Ada County Records. LESS AND EXCEPTING: Lots 1, 6, 10, 11, 12 and 13 in Block 1 of Kennedy Commercial Center Subdivision, according to the plat thereof, filed in Book 101 of Plats at Pages 13409-13412, Ada County Records. PARCEL B: Parcel B of Record of Survey 8610, recorded August 12, 2009, as Instrument No. 109094159, being a parcel of land situated in the Southeast Quarter of the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, being all of Lot 6 in Block 1 and a portion of Lot 10 in Block 1 of KENNEDY COMMERCIAL CENTER SUBDIVISION, recorded in Book 101 of Plats at Pages 13409-13412, Records of Ada County, Idaho, more particularly described as follows: BEGINNING at the Northwest corner of Lot 10 in Block i of said subdivision; thence, along the northerly line of said Lot 10, South 89°34'29. East, 5.00 feet; thence, parallel with the westerly line of said Lot 10, South 00031'50. West, 251.56 feet; thence, South 89°28'10. East, 341.54 feet to the easterly line of said Lot 10; thence, along the easterly line of said Lot 10 and Lot 6, South 00°26'33. West, 560.32 feet to the Southeast corner of said Lot 6; thence, along the southerly line of said Lot 6, North 89°07'53. West, 347.41 feet to the Southwest corner of said Lot 6; thence, along the westerly line of said Lot 6 and Lot 10, North 00'31'50. East, 809.82 feet to the POINT OF BEGINNING. Kennedy Commercial — MDA 14-003 V. PROCESS FACTS A. The subject application is a request for a development agreement modification. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: March 3, and 17, 2014 C. Radius notices mailed to properties within 300 feet on: February 28, 2014 D. Applicant posted notice on site by: March 14, 2014 VI. LAND USE A. Existing Land Use(s): The subject property is vacant commercial property, zoned C-G B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by developed and undeveloped commercial and industrial properties, zoned C-G and 1-L. The property on the south side of Overland Road has been approved for annexation by the City however; the development agreement has not been executed by the developer to finalize the annexation of the property. C. History of Previous Actions: • In 2001, the property received a conditional use permit/planned unit development approval (CUP-01-009), under the name of Treasure Valley Technical Center, which allowed for daycare, office, retail and industrial uses. As part of that approval a conceptual site plan was approved and any future daycare, office and retail uses require conditional use permit approval. • In 2007, a preliminary plat and final plat (PP-07-013 and FP-07-036) was approved for the 26 +/- acre portion of the site to the north and west of Western Electronics that consisted of 11 building lots and 2 common lots. • In 2008, the property received comprehensive map amendment and rezone (CPA-08-005 and RZ-08-003) approval to change the land use from industrial to commercial and rezone the property from the I-L zone to the C-G zone. With the rezone of the property, the City required a development agreement (DA) that recorded as instrument #108119853. The recorded DA requires compliance with a specific concept plan and building elevations. VII. TAFF ANALYSIS The applicant is requesting to amend the recorded development agreement (DA) approved with the rezone of the property. At the time Council approved the rezone, a concept plan and conceptual building elevations were tied to the original DA. The approved concept plan depicts eleven (11) structures; totaling 270,475 square feet. The mix of buildings consists of the following: ➢ two (2) 3-story office buildings consisting of 66K square feet (s.f.) each, four (4) office buildings consisting of 31,475 s.f., a 2-story office building consisting of 45K s.f., ➢ a 2-story education facility consisting of 35K s.f., ➢ a bank building consisting of 7.5K s.f., ➢ a restaurant building consisting of 5.5K s.f., and ➢ a retail building consisting of 14K s.f. A variety of building elevations were also provided to coincide with planned uses and structures mentioned above. The building materials depicted on all of the structures consist of brick and stucco with a variety of accent materials such as stone, CMU, timber, and metal. Kennedy Commercial Center - MDA-14-003 Page 2 5. Proposed Building Elevations 6. Proposed Development Agreement Provisions Kennedy Commercial Center - MDA-14-003 Page 4 Exhibit A.2 - Approved Concept Plan ter�R-117 iH r;" TIV i l F$]i r fR� U'"[i (i IID t TTy Dom On - -}}- mdi n t Y i'1 , '%. pn 2H1L.1...,iplG �Ld �Gail.dllal,I AAt.... Il.tiU If •,�i.- . 1 +— u S, YyWif y � n�. $9.G�1i�MQ. r�xMary+w4K@G In' ail i i .. .yam T �'9s rii r di . I � � F i it..EliL W 3l l i i .. 1=41!! Kennedy Commercial Center - MDA-14-003 Page 6 Exhibit A.4 — Proposed Concept Plan Kennedy Commercial Center - MDA-14-003 Page 8 Exhibit A.6 — Recommended Development Agreement Provisions 1. Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.4 and the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 2. Direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. The applicant shall grant cross access to the property to the west (Parcel #S 1213336006) through the retail portion of the development. A copy of the recorded cross access agreement shall be submitted with the first certificate of zoning compliance application for the retail portion of the development. 4. Any future multi -family use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-27. 5. Sanitary sewer service to the Kennedy Commercial development is currently being accomplished via a temporary lift station which pumps to a discharge manhole in Overland Road. It shall be the responsibility of this developer to commission a study of the lift station capacity, and make any upgrades that are needed to accommodate this new proposal. Kennedy Commercial Center - MDA-14-003 Page 10 L m _.@cn M < uQi Ln jU it c� L N W 61 m r a /6 ! of 14 cn j E u G @ — - - Ll Va15 -- O - !�l M Q �^ N ISM N yam: (fl 1 O II! cc lA N P, CITY OF MERIDIAN PILE -APPLICATION MEETING NOTES Project/Subdivision Name: City Staff: Location: Design Guidelines Development Context: Existing Use: Proposed Use: Nkj� Surrounding Uses: , S'.. tA zec Street Buffer(s) and/or Land Use Buffer(s): _ Open Space/Amenities/Pathways: Access/Stub Streets/Street System: Sewer & Water Service: Waterways/ Floodplain/Topography/Hazards: History: Date: rf --7-16 Size of Property: Urban Urban/Suburban ❑ Suburban ❑ Rural Ex sting Zoning: Proposed Zoning: Note: A Traffic Impact Study (TIS) Wil be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments andlorconditionson large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments, to Contact: ❑lvf Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department Republic Services ❑ Pollce Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ other: Application(s) Required: Administrative Design Review ❑ Conditional Use Permit Modif(cationfrransfer ❑ Rezone Alternative Compliance ,I7�, Development Agreement Modification ❑ Short Plat Annexation ❑ Final Plat ❑ Time Extension - Council City Council Review ❑ Final plat Modification ❑ UDC Text Amendment Comprehensive Plan Amendment - Map ❑ Planned Unit Development ❑ Vacation Comprehensive Plan Amendment -Text ❑ Preliminary Plat ❑ Variance Conditional Use Permit ❑ Private Street ❑ Other Notes. 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11-5A-5C prior to submittal of an application requiring a public hearing (except for avocation orshort plat); and 2) Afl applicants forpermits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11-5A-5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/orapplicatlon. This pre -application meeting shall be valid for four (4) months. a CL h < 4 _ - .,,.mom.- '�,kx , � � � � �•` as i,_ , i pr: