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
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COMAiWON EXPIRES
timwuk ot, gor/
STATE Of UTAH
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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) ••
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L� sj,�:ALIBLZC'- �o
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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.