Eagle Commons At Ustick and Eagle H-2019-0082ADA 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
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
D
e
c
e
m
b
e
r
3
,
2
0
1
9
–
P
a
g
e
1
3
5
o
f
2
9
6
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
D
e
c
e
m
b
e
r
3
,
2
0
1
9
–
P
a
g
e
1
3
6
o
f
2
9
6
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
D
e
c
e
m
b
e
r
3
,
2
0
1
9
–
P
a
g
e
1
3
7
o
f
2
9
6
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
D
e
c
e
m
b
e
r
3
,
2
0
1
9
–
P
a
g
e
1
3
8
o
f
2
9
6
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
D
e
c
e
m
b
e
r
3
,
2
0
1
9
–
P
a
g
e
1
3
9
o
f
2
9
6
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER:
Knudsen Poor
By: /-)( Jfi�u�l�
Its: D:VvA, 25 P
DEVELOPER:
Barclay Holkg
An Arizon imi
/o / —
. Archer,
CITY OF MERIDIAN
company,
ATTEST:
Mayor T m de Weerd ►•is on
dr1e
01 011 of
ID ;-
IDAHO
SEAL
DEVELOPMENT AGREEMENT— EAGLE COMMONS AT USTICK AND EAGLE (H-2019-0082 PAGE 7 OF 8
STATE OF IDAI-10
• ss:
County of_�i - hajy�)
'DOn this II 6 ' clay of NOV• , 2019, before Inc, the undersigned, a Notary Public in and for said State, personally appeared
O % �u SSP Sr ICIlowll or identified to me to be the 00netr of ICnucisen Pool -Farms, Inc., and
the person who signed above and acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set illy hand and affixed lily official seal the clay and year in this certifica-e
first above written,
(S L)
KATIE TODECHINEY
Notary Public
State Of Idaho
STATE OF ARIZONA )
ss:
County of Ivlaricopa
_ wMp to _
Notary Public for Sdo.)n0
Residing at: ��m ,e yl Sj2
Nly Commission Expires: d lio �a
On this V0 day of tVOVdm , 2019, before me, the undersigned, a Notary Public in and for said State, personally apl_carec
Scott'f. Archer known or identified to ane to be the Manager of Barclay Holdings LY&l'V, LLC, an Arizona limited lirbility-
company, and the person who signed above and acknowledged to ale that he executed the same on behalf of said conipally.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal tle clay and year in this certificate
first above written.
IRM -Slip Ball—
OFFICIAL DEAL
(SEAL) KAROL D NELSON
NOTARY PUBLIC -ARIZONA
MARICOPACOUNTY
COMM 0 660003
My Coram. Eapkes March 1.2023
STATE OF IDAHO
County of Ada
Notary Public for�(- E}ycionl�
Residing at: Phoepts, A-7-
My
-ZMy Commission Expires: _3'-t~;ZpZ3
On this 3Ql clay of D k' Lev -0 bac , 2019, before me, a Notary Public, personally appeared'Tamrry cte
Weerd and Ehyis oflswv-know or identified to Inc to be the Mayor and-Elerk, respectively, of tile w
e City of Meridian, ho
executed the instrtuneal,it or the person that executed the insh•ument of behalfof said City, and acknowledged tome that such City
executed the same. r'arjermc_Wea IterIIpEPL0� CA CL.
IN WI'T'NESS WHEREOF, I have hereunto set lily hand and affixed lily official seal the day and year in this certificate
first above written.
EAL CHARLENE WAY _ (f-& A'l �A
"6OMMISSION #67390 Notary Public for Idaho 11
Residing at: >vlid 14 n ;rA
NOTARY PUBLIC Commission expires:5115? - 2022
TATE OF IDAHO
��('�j itMN"t*PI 5=3i2i�s AT UsTiCK AND EAGIX (H-2019-0082) PAGE' 8 or 8
EXHIBIT A
Eagle Commons at Ustick and Eagle
H-2019-0082 Page 1
A. Legal Description & Exhibit Map for Property Subject to Development Agreement
Meridian City Council Meeting Agenda December 3, 2019 – Page 142 of 296
Page 2
Meridian City Council Meeting Agenda December 3, 2019 – Page 143 of 296
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0082 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request to Enter into a New Development Agreement for the Subject 3.29 Acre
Property and Exclude the Subject Property from the Original Development Agreement (Inst.
108008770), by Barclay Group.
Case No(s). H-2019-0082
For the City Council Hearing Date of: September 3, 2019 (Findings on September 17, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 3,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 3, 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 September 17, 2019 – Page 58 of 259
EXHIBIT B
Meridian City Council Meeting Agenda December 3, 2019 – Page 144 of 296
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0082 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 3, 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 existing Development Agreement is hereby
approved per the provisions in the Staff Report for the hearing date of September 3, 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 September 3, 2019
Meridian City Council Meeting Agenda September 17, 2019 – Page 59 of 259Meridian City Council Meeting Agenda December 3, 2019 – Page 145 of 296
By action of the City Council at its regular meeting held on the 0 day of 5wkMbRr,
2019.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED IA,P
COUNCIL MEMBER TREG BERNT VOTED—A,-v,,-
COUNCIL
OTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
TIE BREAKER)
Mayor Tammy de Weerd
Attest:
ity of w
IDAHO
SEAL
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: O`
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0082 - 3 - Meridian City Council Meeting Agenda December 3, 2019 – Page 146 of 296
EXHIBIT A
Page 1
HEARING
DATE:
9/3/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: H-2019-0082
Eagle Commons at Ustick and Eagle
LOCATION: 3085 E. Ustick Rd.
NE ¼ of Section 5, T.3N., R.1E.)
I. PROJECT DESCRIPTION
Request to enter into a new Development Agreement for the subject 3.29 acre property and exclude
the property from the existing Development Agreement (Inst. #108008770).
II. APPLICANT INFORMATION
A. Applicant:
Barclay Group – PO Box 733, Boise, ID 83701
B. Owner:
Knudsen Poor Farms, Inc. – 98 Fort Hall Ave., American Falls, ID 83211
C. Representative:
Tamara Thompson, The Land Group – 462 E. Shore Dr., Ste. 100, Eagle, ID 83616
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 8/16/2019
Radius notice mailed to
properties within 300 feet 8/13/2019
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda September 17, 2019 – Page 61 of 259Meridian City Council Meeting Agenda December 3, 2019 – Page 147 of 296
Page 2
Public hearing notice sign posted 8/23/2019
Next Door 8/13/2019
IV. STAFF ANALYSIS
The existing Development Agreement (DA) (Inst. #108008770, Sadie Creek Commons, AZ-05-052)
was approved in 2008 and incorporated a larger area that included the subject property and the
property to the west and south totaling 15.33 acres. The abutting 11.39 acre property recently entered
into its own DA (Villasport H-2018-0121, Inst. #2019-060877), leaving only this property subject to
the existing DA. The Applicant proposes to enter into a new DA solely for the subject property, thus
terminating the original DA, because most of the original DA provisions are no longer applicable to
development of this site. Prior to drafting the new development agreement, the Applicant should
provide staff with a new legal description and exhibit map of the subject property governed by
the new DA.
The terms of the existing DA and conceptual development plan previously approved for this site are
included below in Section VI.A. The existing conceptual development plan depicts two (2)
retail/commercial structures with associated parking and a shared access with the property to the
south via N. Eagle Rd./SH-55 which was denied (VAR-05-022).
The proposed concept plan depicts three (3) pad sites, one (1) multi-tenant shops pad with a drive-
through and shared parking. The maximum overall building area proposed is 25,900 square feet. A
conceptual building elevation was submitted that demonstrates the quality of design proposed for
future buildings in the development. The drive-through may require conditional use approval as set
forth in UDC 11-4-3-11A; retail stores and sales are a principal permitted use in the C-G district – see
UDC Table 11-2B-2 for other allowed uses in the C-G district. All future development is required to
comply with the provisions as set forth in the Unified Development Code (UDC).
Access to the development is proposed via a shared driveway from E. Ustick Rd. approved with the
Villasport project (H-2018-0121) along the west boundary of the site and a cross-access easement via
N. Centerpoint Way, N. Cajun Ln. and E. Seville Ln. No public streets are proposed within the
development. Staff recommends as a provision of the DA that the Developer provide a cross-
access/ingress-egress easement to the adjacent properties to the west and south (Parcel
S1105110110 & S1105110120).
V. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the provisions in Section VI.
B. The Meridian City Council heard this item on September 3, 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: Tamara Thompson, The Land Group (Applicant’s Representative)
b. In opposition: None
c. Commenting: None
d. Written testimony: Tamara Thompson, The Land Group (Applicant’s Representative) –
in agreement with staff report
e. Staff presenting application: Sonya Allen
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:
Meridian City Council Meeting Agenda September 17, 2019 – Page 62 of 259Meridian City Council Meeting Agenda December 3, 2019 – Page 148 of 296
Page 3
a. None
4. City Council change(s) to Commission recommendation:
a. None
Meridian City Council Meeting Agenda September 17, 2019 – Page 63 of 259Meridian City Council Meeting Agenda December 3, 2019 – Page 149 of 296
Page 4
VI. EXHIBITS
A. Existing Development Agreement Provisions & Conceptual Development Plan
4. 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 which are herein specified as follows:
Construction and development of up to 150,282 square feet of retail/restaurant/
and office uses in a proposed C-G zone on 7.7 acres pertinent to this AZ 05-052
application.
The 36.33 acre site, which includes a portion of this project, was approved for
annexation with a Development Agreement in April, 2004 under the name of
Kissler Annexation (file no. AZ 03-018). The DA, instrument no. 104107406,
requires that any future use be approved either though a site specific CUP
application or a Planned Development. A concept plan for the overall site was
submitted with the AZ 05-052 application for informational purposes.
This entire project consists of 15.33 acres a preliminary plat and conditional use
permit was submitted and approved (PP-05-053, and CUP-05-049) which
satisfies the CUP condition of the previous DA agreement. Certificates of
Zoning Compliance are required for all buildings in this project.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City
an application for conditional use permit site plan dated September 15, 2005, and shall be required to obtain
the City’s approval thereof, in accordance to the City’s Zoning and Development Ordinance criteria,
therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or
improvements on the Property that require a conditional use permit. No new buildings are approved for
construction under this conceptual CUP/PD application. All future buildings shall require approval of
design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or
building permit
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors.
2. That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of the
development.
Meridian City Council Meeting Agenda September 17, 2019 – Page 64 of 259Meridian City Council Meeting Agenda December 3, 2019 – Page 150 of 296
Page 5
2. That the applicant be responsible for all costs associated with the sewer and water
service extension.
3. That any existing domestic wells and/or septic systems within this project will have
to be removed from their domestic service, per City Ordinance Section 5 -7-517,
when services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
4. That prior to the issuance of any certificate of zoning compliance all landscaping
shall be constructed along the western property boundary and along Ustick Road
to the point of connection with Sadie Creek Avenue. These office lots should
include either a permanent easement or be redesigned to include landscaping in
common lots including masonry block wall on western boundary.
5. That the maximum square footage of one single building shall not exceed 75,141
square feet, which is ½ of the maximum requested of 150,282 square feet
6. That all buildings along the western property boundary shall be single story
buildings designed to discourage views and access facing the west, unless required
for emergency access. Furthermore, these office lots shall have hours of operation
consistent with office operations which have been determined to be 6 am – 10 pm.
7. That the applicant shall redesign the site to meet the 300’ standard separation for
drive thru uses with this application or variance is obtained.
8. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick
Road at points determined by ACHD.
9. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for
office uses only. Non retail uses shall be located on these lots. All other lots shall
be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial
uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru)
not listed as permitted shall be subject to conditional approval.
10. That the western most public road referenced to as Sadie Creek Avenue may be
renamed as approved by the Ada County Street Naming Committee. The road
name has been approved as Centrepoint Way.
Meridian City Council Meeting Agenda September 17, 2019 – Page 65 of 259Meridian City Council Meeting Agenda December 3, 2019 – Page 151 of 296
Page 6
Meridian City Council Meeting Agenda September 17, 2019 – Page 66 of 259Meridian City Council Meeting Agenda December 3, 2019 – Page 152 of 296
Page 7
B. Proposed Development Agreement Provisions, Conceptual Development Plan & Building Elevations
Prior to drafting the new development agreement, the Applicant shall submit a legal
description and exhibit map of the subject property governed by the new DA.
1. The applicant shall be responsible for all costs associated with the sewer and water service
extension and hook-up to City services.
2. Any existing domestic wells and/or septic systems within this project shall be removed from
their domestic service, per City Ordinance Section 5-7-517; wells may be used for non-
domestic purposes such as landscape irrigation.
3. Future development of this site shall substantially comply with the conceptual development
plan and provisions contained herein.
4. The Developer shall record a cross-access/ingress-egress easement to the adjacent properties
to the west and south (Parcel #S1105110110 & S1105110120). A copy of the recorded
easement(s) shall be submitted to the Planning Division with the first development
application for the site.
5. 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.
6. A 10-foot wide multi-use pathway with a public use easement and pedestrian lighting and
landscaping shall be installed adjacent to N. Eagle Rd./SH-55 as set forth in UDC 11-3H-
4C.3.
Meridian City Council Meeting Agenda September 17, 2019 – Page 67 of 259Meridian City Council Meeting Agenda December 3, 2019 – Page 153 of 296
Page 8
Meridian City Council Meeting Agenda September 17, 2019 – Page 68 of 259Meridian City Council Meeting Agenda December 3, 2019 – Page 154 of 296
Page 9
C. Legal Description & Exhibit Map for Property Subject to Development Agreement
Meridian City Council Meeting Agenda September 17, 2019 – Page 69 of 259Meridian City Council Meeting Agenda December 3, 2019 – Page 155 of 296
Page 10
Meridian City Council Meeting Agenda September 17, 2019 – Page 70 of 259Meridian City Council Meeting Agenda December 3, 2019 – Page 156 of 296