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CC - Staff Report TM Crossing – MDA H-2017-0027 1 STAFF REPORT HEARING DATE: May 2, 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Maverik – MDA H-2017-0042 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Maverik, Inc., requests to a time extension to execute the recording of the modified draft development agreement. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0042 as presented in the staff report for the hearing date of May 2, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2017-0042 as presented during the hearing on May 2, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0042 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 site is located at 1515 E. Fairview Avenue on the southwest corner of E. Fairview Avenue and N. Locust Grove Road, in the NE ¼ of Section 7, Township 3N., Range 1E. B. Owner: Russel S. Barger 8852 W. Clovis Drive Boise, ID 83709 C. Applicant: Maverik, Inc. 880 W. Center Street North Salt Lake, UT 84054 TM Crossing – MDA H-2017-0027 2 D. Representative: JoAnn Butler, Spink, Butler, LLP 251 E. Front Street/ P. O. Box 639 Boise, ID 83701 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 14, 2017 C. Radius notices mailed to properties within 300 feet on: April 6, 2017 D. Applicant posted notice on site by: April 21, 2017 VI. LAND USE A. Existing Land Use(s): This property consists of land that is currently in the development process. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Fairview Avenue and commercial property zoned C-G 2. East: N. Locust Grove Road, commercial property and vacant property, zoned C-G and RUT in Ada County 3. South: Single-family residential homes in the Keziah Subdivision, zoned R-40 4. West: Developed commercial property, zoned C-G C. History of Previous Actions:  In 2016, the property received annexation (H-2016-0027) approval however; the development agreement was never signed by the applicant to conclude the annexation process. VII. ANALYSIS The applicant requests an amendment to the Development Agreement (DA) to extend the expiration of the development agreement; the original expiration date was 12/21/2016. The reason for the delay in signing the DA was so the applicant and the City Attorney’s office could collaborate on an appropriate DA provision for the removal of the billboard signs based on the motion stipulated by City Council during the hearing. The original solution required the approval of the billboard company. They were unwilling to agree to the requirement of removal. The applicant has now provided a different solution and has granted the City license to enter and remove the billboards if necessary when the leases expire in 2027; therefore; the applicant is requesting an extension to sign the agreement. Because a specific time was not requested by the applicant, staff recommends the applicant execute the signature on the development agreement by June 2, 2017. Staff recommends approval of the applicant’s requested modification to the DA as shown in Exhibit A.2. TM Crossing – MDA H-2017-0027 3 VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Language for the Development Agreement TM Crossing – MDA H-2017-0027 4 Exhibit A.1: Vicinity/Zoning Map TM Crossing – MDA H-2017-0027 5 Exhibit A.2: Proposed Language for the Development Agreement 5.2 The property is encumbered by certain billboard leases, which leases are attached as Exhibit C to this Agreement. The lessor and lessee of such billboard leases have provided written confirmation that: (1) the billboard leases terminate at the end of September, 2027; and (2) the lessee under the billboard leases will “remove everything above ground level of said billboard structures within 30 days of the Lease(s) ending.” A copy of the foregoing written confirmation is attached as Exhibit D to this Agreement. To ensure such billboard structures will be removed, concurrently with the complete execution of this Agreement, substantially similar in form to the Surety Agreement attached as Exhibit E to this Agreement.