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
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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
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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
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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
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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
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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:
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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 -
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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.)
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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.
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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.
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EXHIBIT A
Page 4
VII. EXHIBITS
A. Legal Description:
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EXHIBIT A
Page 5
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EXHIBIT A
Page 6
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EXHIBIT A
Page 7
A. Conceptual Development Plan
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EXHIBIT A
Page 8
B. Conceptual Building Elevations (REVISED)
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EXHIBIT A
Page 9
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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.
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