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Ten Mile Plaza H-2019-0102ADA COUNTY RECORDER Phil McGrane 2019-121599 BOISE IDAHO Pgs=23 HEATHER LUTHER 12/04/2019 12:46 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Barclay Holdings LXXXV, LLC, an Arizona limited liability company, Developer 3, Knudsen Poor Farms, Inc., Owner THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this -W4 day of nprom)QU—, 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 Barclay Holdings LXXXV, LLC, an Arizona limited liability company, whose address is 2390 E. Camelback Road, Suite 200, Phoenix, AZ 85016, hereinafter called DEVELOPER and Knudsen Poor Farms, Inc., whose address is 98 Fort Hall Avenue, American Falls, ID 83211 hereinafter called OWNER. 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 and/or Developer make a written commitment concerningthe use or development ofthe 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 and/or Developer has submitted an application for Modification to an existing Development Agreement, recorded in Ada County as Instrument # 108008770 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 and/or 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 DEVELOPMENT AGREEMENT—EAGLE COMMONS AT USTICK AND EAGLE (H-2019-0082) PAGE I or 8 Meridian City Council Meeting Agenda December 3, 2019 – Page 216 of 296 Meridian City Council Meeting Agenda December 3, 2019 – Page 217 of 296 Meridian City Council Meeting Agenda December 3, 2019 – Page 218 of 296 Meridian City Council Meeting Agenda December 3, 2019 – Page 219 of 296 Meridian City Council Meeting Agenda December 3, 2019 – Page 220 of 296 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNEWDEVELOPER: Eric Wall CITY OF MERIDIAN By: l Ta eerd STATE OF IDAHO ) • ss: County of �/19/V lw"): O�pS ED AUGUST Owe � ?O ,i90 City of EIDIAN�-- IDANO A: �� SEA 7T'M LL olrhe TREp`�'J��,v C ris on, City 1 rk On this (�� day of J\J V V Wv V< , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Eric Wall known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear in this certificate LISA HUBER [MY EA�.9MMISSION NO. 20171079 NOTARY PUBLIC STATE dF IDAHO COMMISSION EXPIRES 12111/23 STATE OF IDAHO County of Ada (c4w A-V�, tary Public for Idaho Residingat: 'ono vtl t Court My Commission Expires: 17-11- Z -j On this SID ('A day of 1 JI��Yr�,V �, 2019, before me, a Notary Public, personally appeared Tammy de Weerd and-0tr-is3ohnson, know or identified tome to be the Mayor andC-Ferk, respectively, of the City ofMeridian, who executed the instrument or the person that executed 1 tthe instrument of behalf of said City, and acknowledged to me that such City executed the same. 3y iAU t 1 e n'( 1 i✓ W C;u+t )e 1, Oe4)t,l-} j (21i ' /L 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 Notary Public for Idaho COMMISSION X67390 Residing at: -v d)lU / ian -rU NOTARY PUBLIC Commission expires:,';] a Z 20-: t STATE OF IDAHO H-2019-0102) PAGE 7 of 7 2 v Meridian City Council Meeting Agenda December 3, 2019 – Page 222 of 296 Meridian City Council Meeting Agenda December 3, 2019 – Page 223 of 296 Meridian City Council Meeting Agenda December 3, 2019 – Page 224 of 296 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0102 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification to Remove the 2 Acre Property from the Boundary of the Original Development Agreement (Instrument No. 101117652) for the Purpose of Entering into a New One to Develop the Property in Accord with a New Concept Plan and Building Elevations, by Eric Wall. Case No(s). H-2019-0102 For the City Council Hearing Date of: November 6, 2019 (Findings on November 19, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 6 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 6, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 6, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 6, 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. Meridian City Council Meeting Agenda November 19, 2019 – Page 131 of 301 EXHIBIT B Meridian City Council Meeting Agenda December 3, 2019 – Page 225 of 296 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0102 - 2 - 7. That this approval is subject to the proposed provisions all in the attached Staff Report for the hearing date of November 6, 2019, incorporated by reference. The new terms are concluded to be reasonable and the applicant shall meet such requirements 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 existing Development Agreement is hereby approved per the provisions in the Staff Report for the hearing date of November 6, 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 November 6, 2019 Meridian City Council Meeting Agenda November 19, 2019 – Page 132 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 226 of 296 By action of the City Council at its regular meeting held on the ` I day of 2019. COUNCIL PRESIDENT JOE BORTON VOTED 1 COUNCIL VICE PRESIDENT LUKE CAVENER VOTEDe COUNCIL MEMBER ANNE LITTLE ROBERTS VOTEDA4-- COUNCIL MEMBER TY PALMER VOTED Ay COUNCIL MEMBER TREG BERNT VOTEDy 2 COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tamm eerd OPj D AUG Attest: 6o Q ! wAqCityOf SEAL .. J 11 " City Clerk s Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Ota&MUkOu Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0102 Ten fft\V, PIO,z•k - 3 - Meridian City Council Meeting Agenda December 3, 2019 – Page 227 of 296 EXHIBIT A Page 1 HEARING DATE: 11/6/2019 TO: Mayor & City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0102 Ten Mile Plaza MDA LOCATION: 3110 W. Quintale Dr., in the NW ¼ of the NW ¼ of Section 35, Township 4N., Range 1W. I. PROJECT DESCRIPTION Request to modify the existing Development Agreement (Instrument #101117652) to remove the subject property from the boundary of the original development agreement (Instrument #101117652) for the purpose of developing the property in accord with the proposed concept plan and building elevations. II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORMATION A. Applicant: Eric Wall 2880 E. 14th N. Ammon, ID 83401 B. Owner: Same as applicant STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Acreage Approximately 2 acres Current Zoning C-G Neighborhood meeting date; # of attendees: 10/03/2019; 9 attendees History (previous approvals) AZ-01-003 (DA # 101117652, Bridgetower Crossing Sub.) Meridian City Council Meeting Agenda November 19, 2019 – Page 134 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 228 of 296 EXHIBIT A Page 2 C. Applicant’s Representative: Adam Garcia, Houston Bugatsch Architects 1307 N. 39th Street, Ste. 103 Nampa ID 83687 IV. NOTICING City Council Posting Date Newspaper Notification 10/4/2019 Radius notification mailed to properties within 300 feet 10/1/2019 Public hearing notice sign posted 10/5/2019 Nextdoor posting 10/1/2019 V. STAFF ANALYSIS The existing Development Agreement (DA) (Inst. ##101117652) for the Bridgetower Crossing development consisting of 371.42 acres of land was approved in 2001. The terms of the original agreement requires each use on the property to obtain detailed CUP approval. Rather than go through the CUP approval, the applicant wishes to amend the development agreement so he can develop the site consistent with the proposed development plan and building elevations. A legal description showing the boundary of the property subject to the new DA terms are included below in Section VII.A. The proposed concept plan depicts two (2) commercial pads and associated parking. The first phase of development consist of the northern pad site. The site is proposed to develop with a 6,015 square foot multi-tenant building to house two (2) restaurants with an accessory drive-through. The second pad site depicts a 9,000 square foot pad and associated parking (see Exhibit VII.B). Both the restaurants and associated drive-through are subject to the specific use standards set forth in UDC 11- 4-3-49 and 11-4-3-11. To ensure the drive-through is not the main focal point of the development, the applicant should incorporate a berm, additional landscaping, walls, architectural elements or a combination of these design techniques to screen the drive-through in accord with the design standards set forth in UDC 11-3A-19B.3.f. Access is proposed via existing access points from N. Ten Mile Rd., via W. Quintale Dr. and W. McMillan Rd., via the adjacent existing commercial development. Further, the site plan depicts parking that may be shared with the adjacent commercial development on the east boundary of the proposed development. Prior to development on the site, the applicant should submit a recorded reciprocal cross access and shared parking agreement between the proposed and existing development. Access to the site is required to comply with UDC 11-3A-3. Conceptual building elevations were also submitted to demonstrate the quality of design and a cohesive design theme of the future buildings in the development. Building materials consist of three 3) different colors of stucco, stone accents and metal awnings consistent with the neighboring commercial development. To ensure the west side of the building is attractive along the street and roof-top mechanical equipment is screened in accord with the Architectural Standards Manual(ASM), staff recommends that the west elevation incorporate the same gabled stone parapet as the east elevation for an additional design element. Meridian City Council Meeting Agenda November 19, 2019 – Page 135 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 229 of 296 EXHIBIT A Page 3 VI. DECISION A. Staff: A. Staff recommends approval of the proposed MDA per the provisions in Section VIII. B. The Meridian City Council heard this item on November 6, 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: Adam Garcia b. In opposition: None c. Commenting: None d. Written testimony: Diane Oswald and Dave Steels e. Staff presenting application: Bill Parsons 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. Parking requirements for the proposed development. 4. City Council change(s) to Staff recommendation: a. Struck the requirement for the gabled stone parapet on the west elevation. Meridian City Council Meeting Agenda November 19, 2019 – Page 136 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 230 of 296 EXHIBIT A Page 4 VII. EXHIBITS A. Legal Description: Meridian City Council Meeting Agenda November 19, 2019 – Page 137 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 231 of 296 EXHIBIT A Page 5 Meridian City Council Meeting Agenda November 19, 2019 – Page 138 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 232 of 296 EXHIBIT A Page 6 Meridian City Council Meeting Agenda November 19, 2019 – Page 139 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 233 of 296 EXHIBIT A Page 7 A. Conceptual Development Plan Meridian City Council Meeting Agenda November 19, 2019 – Page 140 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 234 of 296 EXHIBIT A Page 8 B. Conceptual Building Elevations (REVISED) Meridian City Council Meeting Agenda November 19, 2019 – Page 141 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 235 of 296 EXHIBIT A Page 9 Meridian City Council Meeting Agenda November 19, 2019 – Page 142 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 236 of 296 EXHIBIT A Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS Recommended Development Agreement Provisions: CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The applicant shall be responsible for all costs associated with the sewer and water service extension and hook-up to City services. 2. Future development of this site shall substantially comply with the attached conceptual development plan, building elevations and provisions contained herein. The west elevation shall incorporate the same gabled stone parapet as the east elevation for an additional design element. 3. All future development of the subject property shall comply with the City of Meridian ordinances in effect at the time of development. 4. Any restaurant use on the site shall comply with the specific use standards set forth in UDC 11-4-3-49. 5. Any drive-through establishment on the site shall comply with the specific use standards set forth in UDC 11-4-3-11. All drive-through establishments shall be screened with a berm, additional landscaping, walls, architectural elements or a combination of these design techniques to produce an appropriate buffer adjacent to roadways in accord with the design standards set forth in UDC 11-3A-19B.3.f. 6. With the submittal of the CZC application, the applicant shall submit a recorded reciprocal cross access and parking agreement between the proposed development and existing development to the east (Parcel #R1079920521). Access to the site shall comply with UDC 11-3A-3. 7. Future development shall comply with the structure and site design standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. Meridian City Council Meeting Agenda November 19, 2019 – Page 143 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 237 of 296