Verona (Jackson Food Stores) H-2019-0070ADA COUNTY RECORDER Phil McGrane 2019-101013
BOISE IDAHO Pgs=31 HEATHER LUTHER 10/16/2019 01:48 PM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIES: 1. City of Meridian
2. Jacksons Food Stores, Inc., Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
thisday of 2019, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Jacksons Food Stores, Inc., whose address is 3450 E. Commercial
Street, Meridian, ID 83642, hereinafter called OVVNER/DEVELOPER.
I . RECITALS:
1.1 WHEREAS, Owner 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 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 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for Modification
to an existing Development Agreement, recorded in Ada County as Instrument
# 108059800 to remove the subject property from this Agreement and bind the
Property as shown in the attached Exhibit "A" to a new Development
Agreement,; and
1.5 WHEREAS, Owner/Developer made representations at the public hearing
before the Meridian City Council, as to how the Property will be developed
and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for the Modification of
Development Agreement on the Property held before the City Council,
includes responses of government subdivisions providing services within the
DEVELOPMEN,i, AGREEMENT— VERONA (JACKSONS FOOD STORES) (H-2019-0070) PAGE 1 OF 7
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Jacksons Food Stores
CITY OF MERIDIAN
Mayor Tammy de Weerd
STATE OF IDAHO
ss:
County of Ada, )
ATTEST:
AUGUST,\
�IQ
0
rdf w
gDTAN*--
AL
On this 157 day of L 2019, before me, the undersigned, a Notary Public in and for said
State, personally appeared a known or identified to me to be the Se ctv+ct H of
Jacksons Food Stores and the person ho signed above and acknowledged to me that he executed the same on behalf of
said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
CYNTHIA BURNETT
NOTARY PUBLIC • STATE OF IDAHO
COMMISSION NUMBER 43527
MY COMMISSION EXPIRES 12.18.2022
STATE OF IDAHO )
ss
County of Ada )
Nota y Public for Idah
Residing at: 604
My Commission Expires:
On this day of ( �beX— , 2019, before me, a Notary Public, personally appeared
Tammy de Weerd and Chris Johnson, know 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 instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS Wj1URLUF, I have hereunto set my hand and affixed my official seal the day and year in this
CHAFrtLENE WAY"
COMMISSION #67390 0MAM
(SENO)fARY PUBLIC Notaiy Publi daho'
STATE OF IDAHO Residing at:
MY COMMISSION EXPIRES 3!28122 Commission expires:, --7i -,PN-aC)a
DEVELOPMENT AGREEMENT— VERONA (JACKSONs FOOD STORES) (H-2019-0070) PAGE 7 OF 7
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EXHIBIT A
Page 1
Legal Description and Development Agreement Boundary : Lot 12, Block 12 Verona
Subdivision No. 4 (highlighted below)
Meridian City Council Meeting Agenda October 15, 2019 – Page 133 of 294
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0070 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Modification to the
Existing Development Agreement (Inst. #108059800) for Removing the Subject Property from the
Existing DA and Entering Into a New Development Agreement, by BRS Architects.
Case No(s). H-2019-0070
For the City Council Hearing Date of: July 23, 2019 (Findings on August 27, 2019)
A. Findings of Fact
1.Hearing Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by
reference)
2.Process Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by
reference)
3.Application and Property Facts (see attached Staff Report for the hearing date of July 23, 2019,
incorporated by reference)
4.Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 23, 2019, 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.
REVISED
Meridian City Council Meeting Agenda August 27, 2019 – Page 110 of 403
EXHIBIT B
Meridian City Council Meeting Agenda October 15, 2019 – Page 134 of 294
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0070 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 23, 2019, 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 (Inst. #108059800)
is hereby approved per the conditions of approval in the Staff Report for the hearing date of
July 23, 2019, 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 July 23, 2019
Meridian City Council Meeting Agenda August 27, 2019 – Page 111 of 403Meridian City Council Meeting Agenda October 15, 2019 – Page 135 of 294
By action of the City Council at its regular meeting held on the
ZTI"
day of ,
2019.
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)
VOTED 4
VOTED
VOTED e --
VOTED
VOTED
VOTED— A- ^,7
VOTED)
ir)6 Pre"5'W en k
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated:
City Jerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0070 — P)dV Ded VProna -3-
MAYOR
3 -
Meridian City Council Meeting Agenda October 15, 2019 – Page 136 of 294
EXHIBIT A
Page 1
HEARING
DATE:
7/23/2019
TO: Mayor & City Council
FROM: Kevin Holmes, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0070
Verona (Lot 12, Block 12) MDA
LOCATION: 4870 N. Ten Mile Rd., in the SW ¼ of
Section 26, Township 4N., Range 1W
I. PROJECT DESCRIPTION
Request to modify an existing development agreement for the purpose of removing the subject
property from DA Instrument #108059800 and enter into a new development agreement.
II. SUMMARY OF REPORT
A. Project Summary
III. APPLICANT INFORMATION
A. Applicant/Owner:
Jacksons Food Stores, Inc.
3450 E. Commercial St.
Meridian, ID 83642
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details
Acreage 1.76
Current Zoning C-G
Neighborhood meeting date; # of
attendees:
5/28/19; 2 attendees
History (previous approvals) MI-07-013, DA Inst. No. 108059800; RZ-07-017; PP-07-
011; FP-08-010, A-2019-0038
Meridian City Council Meeting Agenda August 27, 2019 – Page 113 of 403Meridian City Council Meeting Agenda October 15, 2019 – Page 137 of 294
EXHIBIT A
Page 2
B. Representative:
Joe Thompson, BRS Architects
1010 S. Allante Pl. Ste. 100
Boise, ID 83709
IV. NOTICING
City Council
Posting Date
Newspaper Notification 7/5/2019
Radius notification mailed to properties
within 300 feet 7/2/2019
Public hearing notice sign posted 7/12/2019
Nextdoor posting 7/2/2019
V. STAFF ANALYSIS
The applicant has applied for a development agreement modification (MDA) that proposes to remove
the subject property, Lot 12, Block 12 of Verona Subdivision No. 4, from the existing development
agreement (Inst. No. 108059800) and enter into a new development agreement. Currently, the
existing DA governs a much larger area owned by separate entities than the applicant’s property.
Excluding the subject property from the recorded DA will facilitate the development of the property
without obtaining permission from multiple owners. Further, the applicant is requesting Council
approval to allow the construction of a new access point to W. McMillan Rd. (see Exhibit E). If
approved, the new access point will be shared with the adjacent property owner to the east. The
existing W. McMillan Rd. access point to the east, approved with Verona No. 4, will be required to be
closed. ACHD has approved the proposed access drive as a full access driveway until such time they
deem it should be limited to a right-in/right-out only access. Staff is supportive of ACHD’s
determination on limiting the access. Staff recommends this condition be included in the new DA.
The current DA contains five (5) conditions that govern the development of the property. These are:
1. Constructing buildings using high quality materials and designs, conforming with submitted
elevations,
2. Limiting the square footage of any one building to 50,000 square feet, total nonresidential
square footage of entire development not to exceed 225,000 square feet,
3. Conformance with a conceptual site plan,
4. Providing cross access between specific parcels, and
5. The inclusion of stamped concrete in the development.
These specific provisions are attached in Exhibit B for the Council to reference. Further, staff has
attached the approved concept plan (Exhibit C), which is tied to the current DA. The area the
applicant owns is approved to develop with a convenience store and fuel sales facility consistent with
the approved concept plan (see Exhibit D). The plans approved by the City did not include the
proposed access point. If the MDA is approved, the applicant will be responsible for amending their
approval to include the new shared access and submitting a recorded cross access agreement. To
ensure the site develops as proposed, staff has included the DA provisions that should be incorporated
in the new DA. These new provisions are included as in Section VIII below.
Meridian City Council Meeting Agenda August 27, 2019 – Page 114 of 403Meridian City Council Meeting Agenda October 15, 2019 – Page 138 of 294
EXHIBIT A
Page 3
VI. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the provisions in Section VIII.
B. The Meridian City Council heard this item on July 23, 2019. At the public hearing, the Council
moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Mike Baldner, representative for the applicant
b. In opposition: None
c. Commenting: None
d. Written testimony: Joe Thompson, representative for the applicant, in agreement with
the staff report.
e. Staff presenting application: Kevin Holmes
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by City Council:
a. None
VII. EXHIBITS
A. Legal Description and Development Agreement Boundary: Lot 12, Block 12 Verona
Subdivision No. 4 (highlighted below)
Meridian City Council Meeting Agenda August 27, 2019 – Page 115 of 403Meridian City Council Meeting Agenda October 15, 2019 – Page 139 of 294
EXHIBIT A
Page 4
B. Current Development Agreement Provisions (Inst. No. 108059800)
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
1. The proposed commercial and office buildings shall be constructed with high
quality materials, including but not limited to: stucco, wood and brick, with
substantial stone accents, four sided architecture: for retail uses one side may not
require full facade treatment if there is screening for the loading area, highlighted
main entrances, stamped decorative concrete, flat roofs, accent metal roofing,
composite or tile roofing materials and variations in colors, roof planes and
parapet heights.
2. Elevations shall substantially conform to the photos submitted with MI-07-013, as
set forth in Exhibit D.
3. A minimum of 5 buildings with no one building exceeding 50,000 square feet shall
be constructed on lots associated with the Verona Commercial Subdivision. The
maximum allowable non-residential square footage for this development shall be
225,000 square feet. The development of the site shall generally conform to
concept plan in Exhibit C, as determined by the Planning Director.
4. The applicant shall provide cross access from the southern office lot located east of
W. Milano Drive to the vacant commercial parcel east of the site.
5. The City Council expects some stamped decorative concrete within the proposed
development.
Meridian City Council Meeting Agenda August 27, 2019 – Page 116 of 403Meridian City Council Meeting Agenda October 15, 2019 – Page 140 of 294
EXHIBIT A
Page 5
C. Original Concept Plan
Subject Property
Meridian City Council Meeting Agenda August 27, 2019 – Page 117 of 403Meridian City Council Meeting Agenda October 15, 2019 – Page 141 of 294
EXHIBIT A
Page 6
D. Approved Site Plan and Elevations from CZC Application
Meridian City Council Meeting Agenda August 27, 2019 – Page 118 of 403Meridian City Council Meeting Agenda October 15, 2019 – Page 142 of 294
EXHIBIT A
Page 7
E. Proposed New Access
VIII. CITY/AGENCY COMMENTS & CONDITIONS
Recommended Development Agreement Provisions:
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
City’s Zoning Ordinance codified at Meridian Unified Development Code § 11-
2B.
CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
1. Future development of this site shall comply with the design standards listed
in UDC 11-3A-19 and the guidelines contained in the Architectural
Standards Manual.
2. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
3. Certificate of Zoning Compliance and Administrative Design Review
applications are required to be submitted to the Planning Division for
Meridian City Council Meeting Agenda August 27, 2019 – Page 119 of 403Meridian City Council Meeting Agenda October 15, 2019 – Page 143 of 294
EXHIBIT A
Page 8
approval of all future buildings/uses on the site, prior to applying for building
permit.
4. The location of the access drive to W. McMillan Rd (336 feet east of the
intersection), is approved as shown in Exhibit E. The Ada County Highway
District shall determine when the access is to be limited to right-in/right-out
only.
5. Applicant shall provide a recorded cross agreement with parcel
R9010680120 in accord with UDC 11-3A-3. The recorded agreement shall
be submitted to the Planning Division prior to obtaining occupancy of the
convenience store.
6. The existing access approximately 500 feet east of the Ten Mile Road shall
be closed as shown in Exhibit E. The applicant shall install a 5-foot wide
detached sidewalk and landscape the area with a 25-foot wide street buffer in
accord with UDC 11-3B-7C.
Meridian City Council Meeting Agenda August 27, 2019 – Page 120 of 403Meridian City Council Meeting Agenda October 15, 2019 – Page 144 of 294