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Harmony Hills Assisted Living H-2016-0061ADA COUNTY RECORDER Christopher D. Rich 2017-054341 BOISE IDAHO Pgs=17 BONNIE OBERBILLIG 06/15/2017 10:16 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1: City of Meridian 3. Derk Pardoe, Owner/Developer TATS ADDENDUM TO DEVELOPMENT AGREEMENT is dated This l day of ) ( A%g , 2( 6, ("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 andDerkPardoe, ("OWNER/DEVELOPEW), whose address is 3454 Stone Mountain Lane, Sandy, UT 84072, RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on May 8, 2014 in the real property records of Ada County as II1stlumentNo. 114034780 ("DEVELOPMENT AGREEMENT") B. CITY and OWNER/DEVELOPER. now desire to amend the Development Agreement, which terns 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 set forth herein, the paities agree as follows: 1. OWN ER/DEVELOPER shall be bound by the terms ofthe Development Agreement, except as specifleally amended as follows; 5. CONDITIONS GOVERNING DETIELOP MENT OF SUBJECT PIZOPERT I': 5.1 0—Pner/Developer ,shall develop the Property in accordance with the following special conditions. 5.13 Development of the property shall substantially comply with the eonceptplan and wilding Blew(tions attached in .exhibit A. 3 andA.4 of the Stcff Report attached to the Findings (Exhibit A), the design standards listed in VDC .l.l -3,449 and the guidelines contained in the Architectural Standards Manual, ADDENDUM TO DEVELOPMENT AGREEMENT - Hamony Hills Assisted Living, MDA H 2016,0061 Page 1 oN _z. 1.2 Other than the one (1) previously approved access to Overland Road (PP -07-013), direct lot access is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3.1.3 The applicant shall grant cross access to the property to the west (Parcel #S1213336006) through the retail portion ofthe development as depicted on the Kennedy Commercial Center Subdivision Final Plat (FP -07-036). 5.1.4 Any fixture 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. 5.1.6 A 25' l vide landscape buffer between uses shall be constructed along the Western boundary of this property adiacent to the residential portion of the development. The buffer shall be constructed in accord with UDC 11-3B-9 and is intended to eliminate the need for the existing industrial zoned property to the west (Parcel ff 51213336006) to construct a land use buffer. 5.1.7 Any nursing care facility use on the site must obtain approval of a conditional use permit and comply with the sped frc use standards set forth in UDC 11-4-3-29. 2. That Owlier/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 steal l 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 insure 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 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. d. 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. ADDENDUM 'I O DEVELOPMENT AGREEMENT -Harmony Hills Assisted Living, MDA H 2016-0061 Paga 2 of 4 5. This Addendum sets forth all promises, inducements, agreements, condition, 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 writtei-4 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 bindinguponthe parties hereto unless reducedto writing and signed by thein 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 as of the date herein above written, 7. Except as amended by the Addendum, all terms of the'previous Agreements shall remain in full force and effect. ACKCNO'WLEDGMENTS IN WITNESS WHEREOF, the panties have herein executed this agreement and made it effective as hercinabove provided. OWNER/DE-VE LOPER: Derk Pardoe By: CITY OF MERIDIAN Ep AUGVSl ATTEST: o ow City o Ey' -- -1AN&— Mayor T de Weer IDAHO C, y Co es, City Cleric SEAL �W ADDENDUM TO DEVELOPMENT AGREEMENT -Harmony Hills Assisted living, MDA 1-12016-0061 Page 3 of it STATE OF ) County oa. On this -(� -( day o a4U 6, before me, the widersigned, a Notary Public in and for said State, personally appeared Der Pardo , own or identified to me, and acknowledged tome that he 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) STATE OF I DA I-1 O hO'fNtYPt1�11C �tllAlr!!VE 80'YER rdl►tM6 COMAiWON EXPIRES timwuk ot, gor/ STATE Of UTAH ss L` azx c.J No ary u lic for Residit at: My Cacnmission Expires: County of Ada ) On th is � J day of �J u , before me, a Notary .Public, personally appeared Tanuny de 'Weerd and C.Jay Coles, [snow or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrumentonbehalf ofsaid City, and acknowledged to me that such City executed the same. IN WI -IN ESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••'LENS'•• (SEAL) •• -"pTA� L� sj,�:ALIBLZC'- �o •qT ()F-1��' ••• ,lo AL rtf b Lam= Notary Public for Idaho Residing at: Connnission expires: ADDENDUM TO DEVELOPMENT AGREEMENT - Harmony Hills Assisted Living, MDA H 2016-0061 Page 4 of 4 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0061 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for an Amendment to the Development Agreement for Harmony Hills Assisted Living for the purposes of incorporating a new concept plan, building elevations and modifying certain provisions of the development agreement, by Derk Pardoe. Case No(s). H-2016-0061 For the City Council Hearing Date of: July 19, 2016 (Findings on July 26, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 19, 2016, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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. EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0061 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 19, 2016, 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 an amendment to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of July 19, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). 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 (UDC 11-5B-3F). 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 (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 19, 2016 By action of the City Council at its regular meeting held on the day of ' , 2016. r COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD TIE BREAKER) VOTED VOTED VOTED VOTED VOTED VOTED -- i VOTED i Tammy de Weerd Attest: AP - PI, AUGvsT, i0 C _ w 1 i n .q City of City Clerk DA SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: i L 4 Lk Dated: ity Clerk's Office X7, 1 2 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0061 - 3 - EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 1 STAFF REPORT HEARING DATE: July 19, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Harmony Hills Assisted Living – MDA H-2016-0061 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Derk Pardoe, requests a modification to the existing development agreement (MDA) for the purposes of incorporating a new concept plan, building elevations and modifying certain provisions of the development agreement. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard these items on September 18, 2012. At the public hearing, the Council approved the subject CPAM, AZ, and PP requests. a. Summary of City Council Public Hearing: i. In favor: Brent Barfus ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0061 as presented in the staff report for the hearing date of July 19, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0061 as presented during the hearing on July 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0061 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 on the north side of W. Overland Road, west of S. Stoddard Road in the southwest ¼ of Section 13, Township 3 North, Range 1 West. (Parcel #’s R4885160020, EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 2 R4885160030, R4885160040, R4885160050, R4885160062, R4885160070, R4885160080 and R4885160090) B. Owner/Applicant: Derk Pardoe 3454 Stone Mountain Lane Sandy, UT 84072 C. Representative: Brian Carlisle, The Richardson Design Partnership, LLC 510 South 600 East Salt Lake City, UT 84102 D. 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: June 6, and June 20, 2016 C. Radius notices mailed to properties within 300 feet on: June 2, 2016 D. Applicant posted notice on site by: July 5, 2016 VI. LAND USE A. Existing Land Use(s): A portion of the site is currently being developed with 190 unit apartment complex. A portion of the site remains vacant along the Interstate and the W. Overland Road. B. Adjacent Land Use and Zoning: 1. North: I-84 2. East: Western Electronics Building and University of Phoenix, zoned I-L and C-G 3. South: Overland Road and Sagewood Subdivision (currently under construction), zoned L-O and R- 8 4. West: Vacant industrial property, zoned I-L (Future site of recently approved Bish’s RV Sales) 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. EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 3 In 2014, the property received approval to modify the development agreement #108119853 (MDA- 14-003) to develop the property as a mixed use development consisting of office, multi-family and retail uses. The subject DA recorded as Instrument #114034780. VII. ANALYSIS The applicant is requesting to amend the recorded development agreement (DA) approved in 2014 (Instrument 114034780). The approved concept plan depicts a mixed-use development consisting of three (3) retail buildings ranging in size between 7,000 square feet and 11,250 square feet adjacent to Overland Road, 180-unit multi-family development and a single office pad site adjacent to Interstate I-84. A conditional use permit for the multi-family portion of the site has been granted and is currently developing with a 190 unit apartment complex. The applicant now desires to amend the approved concept plan in order to develop a nursing care facility. The new concept plan depicts a 48,000 square foot nursing care facility, two (2) 7,000 square foot retail buildings, 190 unit apartment complex and future office pad site. The proposed concept plan also illustrates access to the development, site layout, parking and site circulation. It is important to note the property to the west has been approved to develop with a vehicle sales facility (Bish’s RV). The recorded plat approved an access to W. Overland Road and annotates cross access to said property. The submitted concept plan was revised to allow the interconnectivity. Staff has concerns with recreational vehicles using the shared access. With the approval of the Bish’s RV Sales Facility, the applicant was approved an access to Overland Road, farther to the west. Staff encourages the applicant to coordinate with the adjacent property owner to clearly delineate that the shared driveway is to be used as a vehicle sales entrance only and the western most driveway is to be used as a service entrance to minimize conflicts between the two uses. In conjunction with the concept plan, the applicant has also submitted architectural elevations for the assisted living facility. The submitted elevations incorporate the following building materials: stone wainscot, a mix of wood siding, variations in the wall planes and rooflines and decorative corbels. In general staff is supportive of the submitted elevations however; final design is subject to the design standards set forth in UDC 11-3A-19 and the Architectural Standards Manual. With a recent update to the Unified Development Code (UDC), nursing care facilities are now allowed through the approval of a conditional use permit; it was a prohibited use with the previous development agreement modification. NOTE: A separate CUP application has been processed and is scheduled to be heard by the Planning and Zoning Commission at their August 4th hearing. DA Modification: In general, staff is supportive of the concept plan, building square footages and design concepts proposed with the subject application. To move forward with development of the site as proposed by the applicant, staff recommends the following DA modifications (NOTE: The recorded development agreement for this property recorded with the incorrect DA provisions. To correct the discrepancy, Staff has included the new DA provisions, modified provisions and the original DA provisions that were required to be included in the amended DA: 1. Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.3 and A.5 and the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 4 2. Other than the one (1) previously approved access to Overland Road (PP-07-013), direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. The applicant shall provide cross access to the property to the west (Parcel #S1213336006) through the retail portion of the development as depicted on the Kennedy Commercial Center Subdivision Final Plat FP-07-036). 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. 6. A 25’ wide landscape buffer between uses shall be constructed along the western boundary of this property adjacent to the residential portion of the development. The buffer shall be constructed in accord with UDC 11-3B-9 and is intended to eliminate the need for the existing industrial zoned property to the west (Parcel #S1213336006) to construct a land use buffer. 7. Any nursing care facility use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-29. Staff recommends approval of the development agreement modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Approved Concept Plan 3. Proposed Concept Plan 4. Approved Elevations 5. Proposed Elevations 6. Proposed Change to the Development Agreement EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 5 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 6 Exhibit A.2: Approved Concept Plan EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 7 Exhibit A.3: Proposed Concept Plan EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 8 Exhibit A.4: Approved Building Elevations EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 9 Exhibit A.5: Proposed Building Elevations EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 10 Exhibit A.6: Proposed Changes to the Development Agreement (The changes below represent the modified changes to the amended development agreement. DA provisions 5.1.2, 5.1.3 and the addition of 5.1.6 represent the changes City Council approved with the MDA Findings for file # MDA-14-003. These DA provisions were never incorporated into the recorded DA. Staff is correcting the error with the subject application.) 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.1 Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.3 and A.5 and the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. 5.1.2 Other than the one (1) previously approved access to Overland Road (PP-07-013), 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 provide cross access to the property to the west (Parcel #S1213336006) through the retail portion of the development as depicted on the Kennedy Commercial Center Subdivision Final Plat FP-07-036). 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. 5.1.6 A 25’ wide landscape buffer between uses shall be constructed along the western boundary of this property adjacent to the residential portion of the development. The buffer shall be constructed in accord with UDC 11-3B-9 and is intended to eliminate the need for the existing industrial zoned property to the west (Parcel #S1213336006) to construct a land use buffer. 5.1.7 Any nursing care facility use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-29.