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Ten Mile and McMillan (H-2019-0126)
ADA COUNTY RECORDER Phil McGrane 2020-040967 BOISE IDAHO Pgs=21 CHE FOWLER 04/09/2020 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Prime Desert Properties, Owner 4. Northwest Development Company, Developer TIiIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 20fh day of March , 2020, 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 Prime Development Properties, whose address is 16850 Bear Valley Rd., Victorville, CA 92395, hereinafter called OWNER and Northwest Development Company, whose address is 1980 S. Meridian, Rd,, Meridian, ID 83642 hereinafter called 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 and/or 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 and/or Developer have submitted an application for the modification of a development agreement to remove the property listed in Exhibit "A" from an existing Development Agreement recorded in Ada County as Instrument # 108059800 for the inclusion into a new Development Agreement with new conceptual development plans and building elevations, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT —TEN MILE AND MCMILLAN (H-2019-0126) PAGE 1 or 8 Meridian City Council Meeting Agenda April 7, 2020 — Page 302 of 660 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 1.6 WHEREAS, the record of the proceedings for requested development agreement modification before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment;and 1.7 WHEREAS, on the 21s' day of January, 2020, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and I.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173,and the UDC,Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEvELoPMENT AGREEMENT—TEN MILE AND MCM[LLAN(H-2019-0126) PAGE 2 Of g Meridian City Council Meeting Agenda April 7,2020— Page 303 of 660 3.2 OWNER: means and refers to Prime Desert Properties, whose address is 16850 Bear Valley Rd., Victorville, Ca 92395 the party that owns said Property and shall include any subsequent owner(s)of the Property. 3.3 DEVELOPER: means and refers to Northwest Development Company whose address is 1980 S. Meridian Rd.,Meridian,ID 83642,the party that is developing said Property and shall include any subsequent developer(s)of the Property. 3.4 PROPERTY: means and refers to that certain parcels)of Property located in the County of Ada,City of Meridian as described in Exhibit"A"des,ribing the parcel to be removed from existing Development Agreement recorded in Ada County as Instrument## 108059800 and bound by this new Develcpment Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the .Property in accordance with the following special conditions: a. Future development of this site shall substantially comply with the conceptual development plan and building elevations contained in Exhibit A of the Staff Repert that is attached to the Findings of Fact and Conclusions of Law, attached hereto as Exhibit "B» b. Development of the subject property(i.e. site design and building design) is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. c. An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the development,including the parcel at the southwest corner of this site that is not subject to this agreement. A recorded copy of said easement agreement shall be submitted to the Planning Division prior to issuance of the first Certificate of Zoning Compliance application for the site. d. The age of the residents living in the multi-family development shall be restricted to seniors, age 55 and older. DEVELOPMCNT AGREEMENT-TEN MILE AND MCMILLAN(H-2019-0126) PAGE 3 or 8 Meridian City Council Meeting Agenda April 7,2020— Page 304 of 660 6• COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. . 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owner and/or Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws,ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer,or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies DEv LOPMENT AGREEMENT-TEN MILE AND MCMILLAN(H-2019-0126) PAGE 4 OF 8 Meridian City Council Meeting Agenda April 7,2020— Page 305 of 660 of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner and/or Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein, 11, SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph I 1 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER: DEVELOPER: Prime Desert Properties Northwest Development Company 16850 Bear Valley Rd 1980 S. Meridian Rd Victorville, CA.92395 Meridian, ID 83642 DEVELOPMENT AGREEMENT—TEN MILE AND MCMILLAN(H-2019-0126) PAGE 5 OF 8 Meridian City Council Meeting Agenda April 7,2020— Page 306 of 660 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision.shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16• TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sae or alienation of the Property,or portions l thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18• INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision, shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20• COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, Iio subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and DEVELOPMENT AGREEMENT-TEN MILE AND MCMILLAN(H-20 19-012G) PAGE 6 oB 8 Meridian City Council Meeting Agenda April 7,2020— Page 307 of 660 signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22• EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [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: DEVELOPER: Prime Desert Properties Northwest Development Company BN Red ra g �r By: Its: Manager Its. Y � CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk DCVELOPMENT AGREEMENT-TEN M[LC AND MCMILLAN(H-2019-0126) PAGE 7 4P 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 - - - - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California } County of San Bernardino ) On 03/20/2020 before me, Andrea Bell Nota Public Date Here Insert Name and Title of the Officer personally appeared Na ar'un Reddy Yara u Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANDREA ubk—Ell Notary Puhiic—California WITNESS my harid and official seaf San Bemardino County Commission#2159624 fay Comm Expires Jul 11,2020 Signature / gnature r> otary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer -- Title(s): ❑Corporate Officer — Titles): Cl Partner — © Limited ❑General ❑Partner — ❑Limited ❑General ❑individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact [I Trustee ❑Guardian or Conservator ❑Trustee Cl Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02015 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Meridian City Council Meeting Agenda April 7,2020— Page 309 of 660 i STATE OF ) ss: County of ) On this_day of_,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared known or identified to nee to be the of .Prime Development.Properties,and the person who 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. (SEAL) Notary.Public for Residing at: My Commission Expires: .STATE OF.Idaho ) ss: County of Ada ) V-� d On this Qa�day of Ix,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared s ,known or identified to me to be the of Northwest Development Company,and the person who signed above and acknowledged to me tha 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. (SEAL) REBECCA E NIERODZINSKI COMMISSION#49672 otary Public for i NOTARY PUBLIC STATE OF IDAHO Residing ai o MY COMMISSION EXPIRES O4/07/2021 My Commission Expires: � w A STATE OF IDAHO ) ss County of Ada ) On this 7th day of Aril , 2020, before me, a Notary Public., personally appeared Robert E.Simison and Chris Johnson,known 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 WHEREON,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAT.) Notary Public for Idaho Residing at: Meridian,Idaho Commission expires:3-28-2022 DEVELOPMENT AGREEMENT-TEN MILE AND MCMILL4N(H-2019-0126) PAGE 8 of S EXHIBIT A A. Legal Description and Exhibit Map for Property Subject to New Development Agreement: LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows; Lots 5 through 11 and Lots 13 and 14, all in Block 12 of the Amended Plat of VERONA SUBDIVISION NO. 4, according to the: plat thereof, filed In Book 102 of Plats at Pag'Os 13476 and 13477, Records of Ada County, Idaho. AHENDED FLAY OF VERONA SU201VISION NO. 4 A RESUS0IYISION OF LOTS 1, 2, 35, AND 3C, CLOCK 10.AND 51. VEROHA SU$OIVISIOR NO, 2 MONO WITH A PARCEL OF LAND LOCATED IN THE SW Y OF SECTION 26. TOWNSHIP a NORTH, RANGE 1 WESTI BDISE MERIDIAN, C37Y OF WERID[AN. ADA COUNTY. 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M bfllla P Ji4i rl AK iT}f V iPy✓J d „ MpWy Ri+.fq 4'!�/i}tR YLY��Y'.lr aYlrw Cl li+Pii Ap�S�S �611i YIlIR9,If1G. \OS pr144U.Lw'.I[TAW >~r erf y }.YlK R 41�i,n e•dlor I+�M,f P K TltlWli f Wl i X NwYw3 rn!4 Fy rr u\r •.1.V11 p.wl,raa.+aa v r vrT v,ov,x•} r SIKC!!O<7 !A4 WIT Poi finl7 W�!Y Ten Mile&McMillan-H-2019-0126 Page 1 Meridian City Council Meeting Agenda April 7,2020— Page 311 of 660 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAWC�tfERIDIAM,, AND DECISION& ORDER H o In the Matter of the Request for a New Development Agreement to Replace the Existing Development Agreement(Inst.#108059800,Verona Commercial)to Include a New Conceptual Development Plan for a Mix of Uses Including a Senior Living/Multi-Family Development and Commercial Uses,by Northwest Development Company. Case No(s).H-2019-0126 For the City Council Hearing Date of: January 7,2020 (Findings on January 21,2020) A. Findings of Fact I. Hearing Facts (see attached Staff Report for the hearing date of January 7, 2020, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 7,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 7,2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 7,2020,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. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FILE NO(S).H-2019-0126 -1 - Meridian City Council Meeting Agenda AlimbgrP1D 20210agdW dEM&246 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 7,2020, 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 new Development Agreement to replace the existing Development Agreement(Inst. #108059800,Verona Commercial) is hereby approved per the provisions in the Staff Report for the hearing date of January 7,2020, 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 January 7, 2020 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FILE NO(S).H-2019-0126 -2- Meridian City Council Meeting Agenda Nmih9rPTD 202l0agdW dE9W 246 i By action of the City Council at its regular meeting hold on the 21st day of January , 2020. COUNCIL PRESIDENT TREG BERNT VOTED n COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED ��n COUNCIL MEMBER JOE BORTON VOTED ��P COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED ` (TIE BREAKER) M or obert S' iso A,;p AUGUST Attest: 0 zzjB I�IA o W C is J ns AL City r1erk 5J c��TFR of the l Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By; � Dated: January 21,2020 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FILE NO(S).H-`2019-0126 -3- Tf—Il` it av-)6 � �(�6J6eYjdi f�(Ql�y Council Meeting Agenda April 7,2020— Page 314 of 660 EXHIBIT A STAFF REPORT E IDIAt4*, - COMMUNITY DEVELOPMENT DEPARTMENT °"� HEARING 1/7/2020 ((legend DATE: TO: Mayor&City Council F�ffi FROM: Sonya Allen,Associate Planner 9E 208-884-5533 h Bruce Freckleton,Development _ Services Manager 5, 208-887-2211 SUBJECT: H-2019-0126 Ten Mile and McMillan-MDA ---- LOCATION: Off the northeast corner of N. Ten t Mile Rd. and W. McMillan Rd. I. PROJECT DESCRIPTION Request for a new Development Agreement to replace the existing Development Agreement(Inst. #108059800,Verona Commercial)to include a new conceptual development plan for a mix of uses including a senior living/multi-family development and commercial uses. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 14.36 Current Zoning C-G Neighborhood meeting date;#of 10/09/2019;6 attendees attendees: History(previous approvals) AZ-03-005 (DA#103097612);MI-07-013 (amended DA #108059794,Verona Commercial);RZ-07-017(new DA #108059800,Verona Commercial);PP-07-022;FP-08-010; A-2019-0290(PBA,ROS#12081) IIL APPLICANT INFORATION A. Applicant: Northwest Development Company— 1980 S. Meridian Rd.,Meridian,ID 83642 B. Owner: Prime Desert Properties— 16850 Bear Valley Rd.,Victorville, CA 92395 Page 1 Meridian City Council Meeting Agenda NmiL57ryM?1 20210agd:'ftdf6W&246 EXHIBIT A C. Representative: Tamara Thompson, The Land Group—462 E. Shore Dr., Ste. 100, Eagle, 1D 83616 IV. NOTICING City Council Posting Date Newspaper notification published 12/20/2019 Radius notification mailed to property owners within 300 feet 12/17/2019 Public hearing notice sign posted on site 12/18/2019 Nextdoor posting 12/17/2019 V. STAFF ANALYSIS The Applicant proposes to remove the property described in Section VII.A from the existing Development Agreement(DA) (Inst. #108059800) for inclusion in a new DA with a new conceptual development plan and building elevations (see Section VII.B, Q. The existing DA includes additional land area that is not the subject of this application that will remain in the existing agreement and/or has already been removed from the agreement. The existing(previously approved)plan for this site is included in Section VII.B and depicts 9 pad sites for future commercial structures. The provisions in the DA are primarily related to design requirements for the development because at that time,the City did not have design standards. The proposed plan is included in Section VII.0 and consists of a senior living multi-family residential development on a 6+/-acre parcel at the northeast corner of the site with commercial pads along the frontage of Ten Mile and McMillan Roads on the remainder of the property. The commercial uses are anticipated to provide services and uses needed for nearby residents. The project is proposed to develop in multiple phases. Staff recommends as a provision of the new DA that future development substantially complies with the concept plan submitted. Conceptual building elevations were submitted for the multi-family development as shown in Section VII.D. The structure proposed across the northeast corner of the site is 2-stories in height,while the adjoining structures to the west and south are 4-stories in height. Staff is concerned about the massing of the 4-story structures in relation to the three(3) single-story structures to the east; however,there is a collector street, street buffer, and approximately 200+' separation between the structures that should help to alleviate the issue.Additionally, only the ends of the 4-story structures will face the east toward the residences;therefore,unless public testimony from adjacent residents is presented otherwise, Staff doesn't feel it's an issue that should restrict the height of the structures below that allowed in the district(i.e. 65'). The final site and building design is required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. Access to the multi-family development is proposed via W. Milano Dr. and N. Corona Way, collector streets, in alignment with existing driveways on the opposite side of the street(s); access to the commercial lots is proposed via the existing curb cuts constructed by ACHD via Ten Mile Rd. and W.McMillan Rd.,arterial streets, consistent with the previous concept development plan. Local street access is not available to this site. A cross-access/cross-parking easement agreement was previously required to be granted for all lots in the subdivision; however, Staff is unable to locate a copy of the agreement or verify that one exists. Therefore, Staff recommends a Page 2 Meridian City Council Meeting Agenda N wifikyMT1 20210agd:'�t&dPW&246 EXHIBIT A provision in the DA that one is submitted to the Planning Division prior to issuance of the first Certificate of Zoning Compliance for the development. A subsequent conditional use permit application will be submitted for the multi-family development in the C-G zoning district in accord with UDC Table 11-2B-2. VI. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VIII. B. The Meridian City Council heard these items on January 7,2020. 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,Applicant's Representative; Matt Naumann:Tyler Brennan b. In apposition: Sheryl Tolman; Dan Voltroubek C. Commenting: Kent Brown d. Written testimony: Tamara Thompson,Applicant's Representative(in agreement with staff report) e. Staff presenting application: Caleb Hood f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Residential neighborsgainst the proposed multi-family use and 4-story height ofof portions of the structure—favors commercial use instead as previously approved in the existing DA b. Residential neighbor concerns pertaining to the increase in traffic the proposed use will generate in this area- C. Realtor belief there will be less traffic and noise generation(i.e. from delivery trucks coming and going, especially during early morning hours)by the proposed use than would be for commercial uses. 3. Key issue(s)of discussion by City Council: a. Desire fora a restriction of multi-family development to seniors 55 and older; b. Concern pertaining to the height of portions of the structure(i.e. 4 stories)in relation to adjacent single level homes/structures- C. The opportunity for a more detailed review of the proposed development/use with the future conditional use permit application that is reguired- d. Concern pertaining to the large amount of senior living being constructed in this general area and if it will be needed in the future. 4. City Council change(s)to Commi recommendation: a. The Council voted to restrict the age of residents of the multi-family development to seniors 55 and older. — Page 3 Meridian City Council Meeting Agenda N wiLa7ryM?1 20210agd�t�dt7EI6®f 246 EXHIBIT A VII. EXHIBITS A. Legal Description and Exhibit Map for Property Subject to New Development Agreement: LEGAL DESCRIPTION: Real property its the County of Ada, 'Mate of Idabo, described as follows: Lots 5 through 11 and Lets 13 and 14, all In Mock 12 of the Amended Plat of VERONA SUBDIVISION NO. 4. according to the plat thereof, filed in Beek 102 of Flats at (Pages 13476 and 13477, Records of Ada County, Idalih . ARENKO PLAX or VERONA SUBDIVISION No. 4 A RESl1MMSION OF LOTS 1, 2, 35, AND 3a, BLOCK 10 AND 12, VERONA SUSIDIYISIGIt NO. 2 ALONG MM A PARCEL r�1 caacR OF LAND LOCATED IN THE SW Y OF SECTION 26, TOWNSHIP i KORTH, RANGE 1 WEST. pert}�L� y BOISE MF-RIDIAN, CITY Or VERIDIAN, ADA COUNTY. 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V +({l4 A IYQRf6I6 t . !Pf.,+�i, a[ao.>�rtltlOn ` RA4'.O,{iy�.R ro,P r•4 n.,¢Y!wat • - �• K .ao Y-4m,i M�vfi 9Y Iw5�4 Yah-0 i.■ pirwl �rLn I,.,..«.,.a ." na,.•..dw...,c M•re1�r•O;•m,�ii Y• '.> ,®°�",ia.ie IRCBF{WMe��,• nu ; t�C uadront _ __ .wart.•ww a*in.+wrs lfnKx aa.orXA.}imnvaPy wm ew holKs, Consulll vn{�„la1 t. }.•LLPO re•Mn m ue y,,.arm•e><sn++e,a ew.i M covn.ri•al ea Page 4 Meridian City Council Meeting Agenda Nwifiky2=20210agd::�t%dPEW 246 EXHIBIT A B. Existing Development Agreement Provisions& Conceptual Development Plan 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTV: 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 leas 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. BLDG A BLDG B fm BLDG f BLDG E BLDG F BLDG G � g BLDG p; _ BLDG� Page 5 Meridian City Council Meeting Agenda NwifiaRyM?,20210agdDb*dPEW 246 EXHIBIT A C. Proposed Conceptual Development Plan 1 - - W.Milano Cyr 1r' AW W.Turin Ct. 4 - L9 7 C SENIOR LIVING J = MULTI-FAMILY �I • 1 `L 1� I _— ]LLW L_ NOT A PART — T7II COMMERCIAL P,AUS FVW � c7 =- W. McMillan Rd. R r � Concept Master Plan o 150, ono i4 1 Horizontal Scak P=159 ProlertNn.:11st5t Date of Issnaime:19.23-2019 m �"'``A'THE Development Agreement (Concept Plan Ell �, LAN a Ten Mile & McMillan ��_GRO1P Prime Desert Properties �+ Page 6 Meridian City Council Meeting Agenda Agmih9r0TP 292Bagd dfit W 246 EXHIBIT A VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. A new Development Agreement shall be required for this property that incorporates the Sprovisions listed below. Said agreement shall be signed by the property owner(s)and returned to the City within six(6)months of the City Council granting the subject modification in accord with UDC 11-5B-3F.2. a. Future development of the subject property shall be generally consistent with the conceptual development plan and building elevations contained herein. b. Development of the subject property(i.e. site design and building design) is required to comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. c. An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the development,including the parcel at the southwest corner of this site that is not subject to this agreement.A recorded copy of said easement agreement shall be submitted to the Planning Division prior to issuance of the first Certificate of Zoning Compliance application for the site. d. The age of the residents living in the multi-family development shall be restricted to seniors. age 55 and older. Page 8 Meridian City Council Meeting Agenda NwiL57ryM?1 20210agd:1 dt7ffi&246 EXHIBIT A D. Conceptual Building 1 1Development r 91 Abw two w Page 7 Meridian City Council Meeting Agenda Nwihky202�20210agd�14' bfflffW 246 r` N