Hill's Century Farm Commercial MDA H-2018-0127 Second Addendum to Development AgreementADA COUNTY RECORDER Phil McGrane 2019-033207
BOISE IDAHO Pgs=16 BONNIE OBERBILLIG 04/24/2019 11:39 AM
CITY OF MERIDIAN, IDAHO NO FEE
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PARTIES: 1. City of Meridian
2. Martin L. Hill, Hill & Hill Properties, L.P., Owner/Developer
corporafflon • TrieSTUMUMMUTrTf-T-7777M79c a,
• and Martin L. Hill, Hill & Hill Properties, L.P., whose .•• is 3625 E. Amity Road,
Meridian,
r• 83642, hereinafter called OWNER/DEVELOPER.
A. City and OWNER/DEVELOPER entered into that certain Development
Agreement that was recorded on July 9, 2015 in the real property records of Ada County as Instrument
No. 2015-061375 ("DEVELOPMENT AGREEMENT) and Addendum to Development Agreement
that was recorded on December 8, 2016 in the real property records of Ada County as Instrument No.
2016-119080("ADDENDUM TO DEVELOPMENT AGREEMENT")..
B. City and OWNER/DEVELOPER now desire to amend the Development
Agreement (Instrument no. 2015-063175) and the Addendum to Development Agreement (Instrument
no. 2016-119080) with this Second Addendum to Development Agreement which terms have been
approved by the Meridian City Council in accordance with Idaho Code § 67-6511 on January 2, 2019,
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the pat -ties
agree as follows:
I . OWNER/DEVELOPER shall be bound by tile terms • the • Development Agreement
• the Addendum to • Agreement, except as specifically d-• as follows:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Improve S. Hillsdale Avenue as a public street adjacent to the east boundary of this site as
required by Ada County Highway District.
b. Business hours of operation in the C -N district shall be limited from 6:00 am to 10:00 pm
as set forth in UDCI 1-213-3AA, except for the YMCA which is allowed to operate from
5:00 am to 10:00 pm. The residential care facility use does not violate the Iiinitation on the hours
of operation.
Hill's Century Farm Commercial — H-2018-0127 Page 1
Meridian City Council Meeting Agenda April 23, 2019 – Page 273 of 699
Meridian City Council Meeting Agenda April 23, 2019 – Page 274 of 699
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
G��*�11 ,
Martin L. Hill
CITY OF MERIDIAN
B y:
Mayor &de Weerd
ATTEST:16
CaN, „r
IDIAN"--
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Hill's Century Farm Commercial — H-2018-0127 Page 4
STATE OF IDAHO, )
ss
County of Ada )
On this� 019, before me, the undersigned, a Notary
t1 day of K'�/
Public in and for said State, personally appeared Martin L. Hill, known or identified to me to be
the 414i1a� Ik V.bVAr of Hill & Hill Properties, L.P. who signed above and acknowledged
tom h that he executed the same of behalf of said partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
AMANDA MCCURRY
COMMISSION #29M
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 00A&2=
STATE
STATE OF IDAHO )
ss
County of Ada )
Notkry Public
Residing at:
My Commission
0—
On thisZ3 day of a pad I , 2019, before me, a Notary Public,
personally appeared Tammy de Weerd ande3ayeafes, know or identified to me to be the Mayorri
and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City
, �hrt5on,
and acknowledged to me that such City executed the same. T� G
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
-----------------
CHARLENE WAY
bbWISSION #67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3/28/22
Hill's Century Farm Commercial — H-2018-0127
N&,UAU-��
Notary Public for daho / - ` �,
Residing at: o,
Commission expires: `3-a$ o?Oa 2
Page 5
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0127 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Modification to the Development Agreement for Hill’s Century
Farm Commercial to Update the Conceptual Development Plan and Include a Provision Allowing
the Construction of a Wireless Communication Facility on the Site, by Martin L. Hill, Hill & Hill
Properties.
Case No(s). H-2018-0127
For the City Council Hearing Date of: December 18, 2018 (Findings on January 2, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 18, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 18, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 18,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 18, 2018, 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.
Meridian City Council Meeting Agenda January 2, 2019 – Page 187 of 576
EXHIBIT A
Meridian City Council Meeting Agenda April 23, 2019 – Page 277 of 699
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0127 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 18, 2018, 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 a modification to the Development Agreement is hereby approved
per the provisions in the Staff Report for the hearing date of December 18, 2018, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
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.
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.
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 December 18, 2018
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2rl)d
By action of the City Council at its regular meeting held on the
20 2-019
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
TIE BREAKER)
Attest:
CLay Coles
City Clerk
Mayor Tamn e/Weerd
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: l - Z - 2. o k
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-201811-0,127 - 3 -
Vlkl
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Page 1
HEARING
DATE:
12/18/2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2018-0127
Hill’s Century Farm Commercial
LOCATION: 3625 E. Amity Rd.
Southeast corner of S. Eagle Rd. & E.
Amity Rd.)
I. PROJECT DESCRIPTION
Request for a modification to the amended Development Agreement (#2016-119080) for Hill’s
Century Farm Commercial to update the conceptual development plan to include a more detailed plan
and include a provision allowing the construction of a wireless communication facility on the site
prior to subdivision of the property.
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 82+/-
Future Land Use Designation Mixed-Use Neighborhood (MU-N)
Existing Land Use Agricultural, park, school, medical office, YMCA (other uses
in development process)
Proposed Land Use(s) SFR, wireless communication facility, offices
Current Zoning C-N, R-8
Proposed Zoning NA
Neighborhood meeting date; # of
attendees:
11/1/2018; 4 attendees
History (previous approvals) CPAM-15-001; AZ-15-004 (DA #2015-061375); RZ-15-007;
PBA-15-012; H-2016-0092 (addendum to DA #2016-119080)
EXHIBIT A
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Page 2
B. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant:
Martin L. Hill, Hill & Hill Properties, c/o 12601 W. Explorer Dr. #200, Boise, ID 83713
B. Owner:
Same as Applicant
C. Representative:
Michael D. Wardle, Brighton Corporation, 12601 W. Explorer Dr. #200, Boise, ID 83713
Future Land Use Map Aerial Map
Zoning Map Planned Development Map
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Page 3
IV. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 11/30/2018
Radius notice mailed to
properties within 300 feet 11/27/2018
Public hearing notice sign posted 11/29/2018
Nextdoor posting 11/27/2018
V. STAFF ANALYSIS
The original conceptual development plan approved in 2015 depicted medium density residential uses
for the area nearest the S. Eagle Rd./E. Amity Rd. intersection around the Idaho Power substation;
neighborhood-scale retail, office, professional and convenience uses at the southwest corner of E.
Amity Rd. and S. Hillsdale Ave.; and West Ada elementary school, YMCA, City Park, library and
health complex to the south on the west side of Hillsdale Ave.
An amended DA was approved in 2016 that included a more detailed plan for the area approved for
neighborhood-scale retail, office, professional and convenience uses as required by the DA.
The proposed updated conceptual development plan includes a change for the northern portion of the
area previously planned for medium density residential development along E. Amity Rd. to include a
self-service storage facility and office/retail uses; a cell tower is proposed south of the Idaho Power
substation.
A. Future Land Use Map Designation (Comp Plan) (Pgs. 24-26)
Mixed-Use Neighborhood (MU-N)
B. Existing Structures/Site Improvements:
There is an existing Idaho Power substation located off-site at the northwest corner of this
property.
C. Proposed Use Analysis:
The cell tower (i.e. wireless communication facility) use depicted on the proposed concept plan is
listed in UDC Table 11-2A-2, Allowed Uses in Residential Districts, under the R-8 zoning district
as “P/C” which is either a principal permitted or conditional use subject to the specific use
standards listed in UDC 11-4-3-43. Because the facility is proposed in a residential district but not
with an allowed non-residential use, a CUP is required per UDC 11-4-3-43C.5. Note: A
conditional use permit application (H-2018-0087) is currently in process for a wireless
communication facility (i.e. 100’ stealth monopine) on this site, which requires approval of an
updated concept plan as proposed with this application.
The storage facility depicted on the proposed concept plan in a future C-C district is not a
use that is contemplated in the MU-N designation, nor is it a use that’s allowed in the zoning
districts (i.e. TN-R, TN-C, L-O, C-N and R-15) listed as “appropriate” in the MU-N
designation. The C-C district may be considered but the Applicant will need to demonstrate
how the use and zoning is consistent within the mixed use designation and specifically the
MU-N designation (see pgs. 23-26 in the Comprehensive Plan). Therefore, at this time Staff
does not support the portion of the concept plan designated for self-storage and
recommends the use remain as medium density residential. The Applicant should submit a
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DA modification and a rezone application concurrently in the future if a storage facility is
desired.
D. Specific Use Standards (UDC 11-4-3):
The proposed wireless communication facility is subject to the specific use standards listed in
UDC 11-4-3-43 (UDC 11-4-3-43). Review for compliance with these standards will take place
with the CUP application.
The proposed self-service storage facility is subject to the specific use standards listed in UDC
11-4-3-34 (UDC 11-4-3-34).
VI. DECISION
A. Staff:
Staff recommends approval of the proposed amendment to the DA except for the self-service
storage facility in the future C-C zone depicted on the proposed concept plan; this area should
remain medium density residential until such time as a subsequent DA modification and rezone
application or a use and zoning that is permitted in the MU-N designation is proposed and
approved.
B. City Council:
The Meridian City Council heard this item on December 18, 2018. At the public hearing,
the Council approved the subject MDA request.
a. Summary of City Council Public Hearing:
i. In favor: Jon Wardle
ii. In opposition: Susan Karnes on behalf of Southern Rim Coalition; Denise LaFever
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Request for the City to scrutinize the need for another cell tower in this area as
there is an existing tower within one mile of the site to the west on Amity at Locust
Grove;
ii. Objection to approval of a storage facility and office/retail in the Development
Agreement without a concurrent rezone application and/or amendment to FLUM.
c. Key Issues of Discussion by Council:
i. Desire for the concept plan to be amended for the proposed storage facility and
office/retail area in the future when a concurrent rezone application is submitted.
d. Key Council Changes to Staff Recommendation
i. Council only approved a change to the concept plan to include a wireless
communication facility and did not approve the change for the storage facility and
retail/office uses.
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VII. EXHIBITS
A. Conceptual Development Plans
Approved with AZ-2015-004 (DA #2015-061375):
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Approved with H-2016-0092 (addendum to DA #2016-119080):
Proposed REVISED Updated Plan (dated: 10/22/2018 12/18/2018) Approved by City
Council on 12/18/2018:
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B. Applicant Proposed Changes to Text of Addendum to Development Agreement (#2016-119080)
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Improve S. Hillsdale Avenue as a public street adjacent to the east boundary of this site as
required by Ada County Highway District.
b. Business hours of operation in the C-N district shall be limited from 6:00 am to 10:00 pm as
set forth in UDC11-2B-3A.4, except for the YMCA which is allowed to operate from 5:00
am to 10:00 pm. The residential care facility use does not violate the limitation on the hours
of operation.
c. Future development of this site shall be generally consistent with the amended concept plans
dated October 22 December 18, 2018 included in Exhibit A.3 of the Staff Report that is
attached to the Findings of Fact and Conclusions of Law in the original Development
Agreement (Instrument No. 2015-061375); and Exhibits A.4 and A.6 of the Staff Report
attached to the Findings of Fact and Conclusions of Law from the modification to
development agreement (H-2016-0092), attached hereto as Exhibit “A”.
d. Future development of this site should include a pedestrian pathway network that links the
mixed use area with the residential and the elementary school/YMCA site as well as adjacent
off-site properties. Vehicular connections should also be provided for interconnectivity within
the site.
e. The existing home in the R-8 zoning district that is proposed to remain at the south boundary
of the annexation area midway between S. Eagle Road and S. Howry Lane shall be required
to hook up to City water and sewer service within 60 days of services becoming available
from the development of the adjacent R-8 zoned property, per MCC 9-1-4A; the existing
home that fronts on E. Amity Road that is proposed to be removed with redevelopment of the
site and the existing home that fronts on S. Howry Lane that is proposed to remain in the C-N
district as long as the Hill’s reside there are not required to hook up to City services.
f. The rear or sides of homes on lots that face S. Eagle Road shall incorporate articulation
through changes in materials, color, modulation, and architectural elements (horizontal and
vertical) to break up monotonous wall planes and roof lines.
g. To ensure future development is consistent with the objectives and vision of the MU-N
designation the following items will be considered in reviewing development applications:
i. Community serving facilities (i.e. a school, park, YMCA, library, hospitals, churches,
daycares, civic buildings, or public safety facilities) should be provided;
ii. Public and quasi-public spaces (i.e. plazas, parks, outdoor gathering areas, open
space, library and schools) should comprise a minimum of 10% of the development
area;
iii. Street sections consistent with the Ada County Highway District Master Street Map
are required;
iv. Neighborhood serving uses and dwellings should be integrated;
v. Residential uses should comprise a minimum of 40% of the development area with
net densities ranging from 4 to 8 units per acre with supporting non-residential
services. Non-residential uses should be smaller scale and provide a good or service
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that people typically don’t travel more than a mile for and need regularly;
vi. Non-residential buildings should be proportional to and blend in with residential
buildings;
vii. Employment opportunities for those living in the neighborhood are encouraged;
viii. The mixed use project should be directly accessible to neighborhoods within the
section by both vehicles and pedestrians;
ix. Planning of the C-N property north of the park and YMCA shall consider appropriate
visibility, parking and emergency access to the future neighborhood park.
x. Sample uses appropriate in the MU-N area would include: townhouses, multi-family
developments, neighborhood grocer, drug stores, coffee/sandwich/ice-cream shops,
vertically integrated buildings, live-work spaces, dry cleaner/laundromat, salons/spas,
daycares, neighborhood-scale professional offices, medical/dental clinics, gift shops,
schools, parks, churches, clubhouses, public uses, and other appropriate
neighborhood uses.
h. A landscape buffer to residential uses is not required adjacent to the Hill home at the
southeast corner of the site as buffering will be achieved through the adjacent City park,
YMCA and school complex and the property will eventually be part of the YMCA site.
i. The annexation area shall be subdivided prior to issuance of any building permits beyond
those required for the development of the school, YMCA and park site, and a wireless
communication facility as shown on the revised conceptual development plan dated October
22, 2018; and the assisted living facility and medical clinic shown on the detailed site plan
approved with H-2016-0092.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Department of Environmental Quality (DEQ)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=158404&dbid=0
B. Nampa & Meridian Irrigation District (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/158710/Page1.aspx
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