Z - Development Agreement Hill's Century Farm North H-2020-0080 Fourth Addendum 2020-117720 ADA COUNTY RECORDER Phil McGrane 2020-117720
BOISE IDAHO Pgs=11 KRISTINA LOWRY 09/10/2020 10:53 AM
CITY OF MERIDIAN, IDAHO NO FEE
FOURTH ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Martin L.Hill,Hill&Hill Properties,L.P.,Owner/Developer
THIS F O U R T H ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 8thday
of September , 2020, ("FOURTH ADDENDUM"), by and between City of Meridian, a
municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Martin L.Hill,Hill&Hill Properties,L.P.,whose address is 3625
E. Amity Road, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER.
RECITALS
A. City and OWNER/DEVELOPER entered into that certain Development
Agreement that was recorded on July 9, 2015 in the real property records of Ada County as
Instrument No. 2015-061375 ("DEVELOPMENT AGREEMENT)and Addendum to Development
Agreement that was recorded on December 8, 2016 in the real property records of Ada County as
Instrument No. 2016-119080 ("ADDENDUM TO DEVELOPMENT AGREEMENT"); a Second
Addendum to Development Agreement that was recorded on April 24, 2019 in the real property
records of Ada County as Instrument No. 2019-033207 ("SECOND ADDENDUM TO
DEVELOPMENT AGREEMENT") and the Third Addendum to Development Agreement that was
recorded on May 20,2020 in the real property records of Ada County as Instrument No.2020-059662
("THIRD ADDENDUM TO DEVELOPMENT AGREEMENT")and a
B. City and OWNER/DEVELOPER now desire to amend the Development
Agreement (Instrument no. 2015-063175), the Addendum to Development Agreement(Instrument
no. 2016-119080) and the Second Addendum to Development Agreement (Instrument no. 2019-
033207)and the Third Addendum to Development Agreement that was recorded on May 20,2020 in
the real property records of Ada County as Instrument No.2020-059662 with this Fourth Addendum
to Development Agreement which terms have been approved by the Meridian City Council in
accordance with Idaho Code §67-6511 on August 11, 2020.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties
agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the original Development Agreement
and all subsequent Addendums, except as follows:
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
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5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Business hours of operation in the C-N district shall be limited from 6:00 am to 10:00 pm
as set forth in UDC 11-2B-3A.4, except for the YMCA which is allowed to operate from
5:00 am to 10:00 pm.The residential care facility use does not violate the limitation on the hours
of operation.
b. Future development of this site shall be generally consistent with the amended concept
plans dated October 30, 2019, included in the Staff Report attached to the Findings of
Fact and Conclusions of Law from the modification to development agreement(H-2019-
0134), attached hereto as Exhibit"A".
c. Future development of this site should include a pedestrian pathway network that links
the mixed use area with the residential and the elementary school/YMCA site as well as
adjacent off-site properties. Vehicular connections should also be provided for
interconnectivity within the site.
d. The existing home in the R-8 zoning district that is proposed to remain at the south
boundary of the annexation area midway between S. Eagle Road and S.Hillsdale Avenue
shall be required to hook up to City water and sewer service within 60 days of the final
platting of the estate lots, per MCC 9-14A; the existing home that fronts on E. Amity
Road that is proposed to be removed with redevelopment of the site and the existing home
that fronts on S. Hillsdale Avenue that is proposed to remain in the C-N district as long
as the Hill's reside there are not required to hook up to City services.
e. The rear or sides of homes on lots that face S. Eagle Road shall incorporate articulation
through changes in materials, color, modulation, and architectural elements (horizontal
and vertical)to break up monotonous wall planes and roof lines.
f. To ensure future development is consistent with the objectives and vision of the MU-N
designation the following items will be considered in reviewing development
applications:
i. Community serving facilities (i.e. a school, park, YMCA, library, hospitals,
churches,daycares,civic buildings,or public safety facilities)should be provided;
ii. Street sections consistent with the Ada County Highway District Master Street
Map are required;
iii. Neighborhood serving uses and dwellings should be integrated;
iv. Residential uses should comprise a minimum of 40%of the development area with
net densities ranging from 4 to 8 units per acre with supporting non-residential
services. Non-residential uses should be smaller scale and provide a good or
service that people typically don't travel more than a mile for and need regularly;
V. Non-residential buildings should be proportional to and blend in with residential
buildings consistent with the design guidelines and conceptual elevations
presented by the Owner/Developer and approved by City Council included in
Exhibit J of the Staff Report attached to the Findings of Fact and Conclusions of
Law attached hereto as Exhibit"A";
vi. Employment opportunities for those living in the neighborhood are encouraged;
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Item#20.
vii. The mixed use project should be directly accessible to neighborhoods within the
section by both vehicles and pedestrians;
viii. Planning of the C-N property north of the park and YMCA shall consider
appropriate visibility, parking and emergency access to the future neighborhood
park.
ix. Sample uses appropriate in the MU-N area would include: townhouses, multi-
family developments, neighborhood grocer, drug stores, coffee/sandwich/ice-
cream shops, vertically integrated buildings, live-work spaces, dry
cleaner/laundromat, salons/spas, daycares, neighborhood-scale professional
offices, medical/dental clinics, gift shops, schools, parks, churches, clubhouses,
public uses,and other appropriate neighborhood uses.
g. The R-8 and R-15 zoned residential portions of the annexation area shall be subdivided
prior to issuance of any building permits beyond those required for the community center
complex on Lot 101 as shown on the revised conceptual development plan dated October
30, 2019; building permit(s) for the community center complex may be issued prior to
subdivision of the property. Subdivision of the C-N and C-C zoned commercial portions
of the annexation area is not required prior to issuance of building permits.
h. The buildings in the retail/professional office area shown on the conceptual development
plan shall be arranged to create some form of common, usable area, such as a plaza or
green space as desired in Mixed Use designated areas as set forth in the Comprehensive
Plan.
i. Building sizes in the commercial retail/office portion of the development shall be limited
to a 20,000 square foot building footprint as desired in MU-N designated areas in accord
with the Comprehensive Plan (see page 25). If a structure contains a mix of both
residential and office, or residential and commercial land uses, the maximum building
size may exceed 20,000 square feet.
j. A through driveway shall be provided on the Hill Property (Lot 150, Block 1) from E.
Hill Park Lane to W. Rockhampton Ct. for emergency access purposes.
2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are
consistent with the terms of the Development Agreement and the Project Site shall be subject to
de-annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the
conditions of this Addendum as herein provided, and the Ordinances of the City of Meridian
that are consistent with the terms of the Development Agreement and all Addendums
3. If any provision of this F o u r t h Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Fourth Addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
4. This Fourth Addendum sets forth all promises, inducements, agreements, condition, and
understandings between OWNER/DEVELOPER and City relative to the subject matter herein,and
there are no promises, agreements, conditions or under-standing, either oral or written, express
or implied, between OWNER/DEVELOPER and City, other than as are stated herein. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this Fourth
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Item#20.
Addendum shall be binding upon the parties hereto unless reduced in writing and signed by them or
their successors in interest or their assigns, and pursuant, with the respect to City, to a duly adopted
ordinance or resolution of City.
5. Except as herein provided, no condition governing the uses and/or conditions governing
development of the subject Project Site 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.
6. This Fourth Addendum shall be effective as of the date herein above written.
7. Except as amended by this Fourth Addendum, all terms of the Development Agreement,
Addendum to Development Agreement, Second Addendum to Development Agreement and Third
Addendum to Development Agreement shall remain in full force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Martin L. Hill
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson,City Clerk
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Item#20.
STATE OF IDAHO, )
ss
County of Ada )
On thiday of , 2020, before me, the undersigned, a Notary
Public in and for said State, personal l appeared Martin L. Hill,
. .mho signed above and acknowledged
to me that he executed the same of behalf of said partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above ritten.
SEAL �L""—
Notary o
Notary Public for Idaho
Residing at: aA �T o r7
SHARI VAUGHAN My Commission xpires: (7-
Notary Public-State of Idaho
Commission Number 20181002
My Commission Expires Jun 1, 2024
STATE OF IDAHO )
ss
County of Ada )
On this 8th day of September 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 of behalf of
said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
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Item#20.
CITY OF MERIDIAN 14
FINDINGS OF FACT,CONCLUSIONS OF LAW ..
AND DECISION& ORDER +
In the Matter of the Request for Modification to the Existing Development Agreement(Inst.
#2020-059662—provision #5.1g) to Allow Building Permits for the Commercial Portion of
the Development to be Issued prior to Subdivision of the Property,by Brighton Development.
Case No(s).H-2020-0080
For the City Council Hearing Date of: July 28,2020 (Findings on August 11,2020)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 28, 2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of July 28,2020, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 28, 2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 28,2020, 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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR HILL'S CENTURY FARM NORTH—MDA H-2020-0080 - I - Page 337
Item#20.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 28, 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 modification to the existing Development Agreement(Inst.No.
2020-059662) is hereby approved per the provisions in the Staff Report for the hearing date of
July 28, 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 July 28,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR HILL'S CENTURY FARM NORTH—MDA H-2020-0080 -2- Page 338
Item#20.
By action of the City Council at its regular meeting held on the 11th day of August
2020.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 8-11-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR HILL'S CENTURY FARM NORTH—MDA H-2020-0080 -3- Page 339
Item#20.
EXHIBIT A
STAFF REPORTC�WEN
� �
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 7/28/2020 DATE: Legend
ILIN�t ct L-cofl-R3n
TO: Mayor&City Council Lj
FROM: Sonya Allen,Associate Planner
208-884-5533
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SUBJECT: H-2020-0080
x
i
Hill's Century Farm North-MDA
LOCATION: South of E. Amity Rd. & east of S. Eagle
Rd., in the NW 1/4 of Section 33,
Township 3N.,Range IE.
-- BEAR a
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(Inst.#2020-059662—provision#5.1 g)to
allow building permits for the commercial portion of the development to be issued prior to
subdivision of the property.
II. SUMMARY OF REPORT
A. Applicant:
Kody Daffer, Brighton Development—2929 W. Navigator Rd., ID 83642
B. Owner:
Martin L. Hill—3675 E. Amity Rd.,Meridian, ID 83642
C. Representative:
Kody Daffer, Brighton Development—2929 W.Navigator Rd.,ID 83642
III. STAFF ANALYSIS
The Applicant proposes to amend provision#5.1g in the existing Development Agreement(DA)(Inst.
#2020-059662),to allow for building permits to be issued in the commercial portion of the development
prior to subdivision of the property as currently required.
The existing provision reads,"The annexation area shall be subdivided prior to issuance of any building
permits beyond those required for the development of the school, YMCA and park site, a wireless
communication facility, the assisted living facility, medical clinic, and the Hill's Century Farm North
community center complex on common lot 101 as shown on the revised conceptual development plan
dated October 30,2019."
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Item#20.
EXHIBIT A
The Applicant proposes the following change: "The residential portions of the annexation area shall be
subdivided prior to issuance of any building permits beyond those required for the development of
commercial uses, including but not limited to then )"M ^ and park site, a wireless
communication facility, the assisted living facility, meal-ewe;and the Hill's Century Farm North
self-service storage facility and the community center complex on common lot 101 as shown on the
revised conceptual development plan dated October 30, 2019."
Because commercial property is not typically required to be subdivided prior to issuance of building
permits, Staff recommends the existing provision is stricken and alternate language is provided
instead that would simplify the requirements for subdivision of the property,which Staff believes
meets the Applicant's intended purpose, as follows: "The R-8 and R-15 zoned residential portions of
the annexation area shall be subdivided prior to issuance of any building permits beyond those
required for the community center complex on Lot 101 as shown on the revised conceptual
development plan dated October 30,2019;building permit(s)for the community center complex may
be issued prior to subdivision of the property. Subdivision of the C-N and C-C zoned commercial
portions of the annexation area is not required prior to issuance of building permits."
IV. DECISION
A. Staff:
Staff recommends approval of a modification to the DA as recommended by Staff in Section V.
B. The Meridian City Council heard these items on July 28, 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: Mike Wardle, Brighton Corporation
b. In opposition: None
c. Commenting: James Phillips
d. Written testimony: None
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. Request for mixed use development to occur on this site consistent with the MU-N
FLUM designation to provided needed services in this area.
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. None
V. EXHIBITS
A. Development Agreement Provision#5.1 g:
Existing:
"The annexation area shall be subdivided prior to issuance of any building permits beyond those
required for the development of the school,YMCA and park site, a wireless communication
facility,the assisted living facility,medical clinic,and the Hill's Century Farm North community
center complex on common lot 101 as shown on the revised conceptual development plan dated
October 30, 2019."
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Item#20.
EXHIBIT A
Applicant's Proposed Change:
"The residential portions of the annexation area shall be subdivided prior to issuance of any
building permits beyond those required for the development of commercial uses, including but
not limited to the school,vrar n , ,a park site, a wireless communication facility,the assisted
living facility,media^' ^'mien and the Hill's Century Farm North self-service storage facili , and
the community center complex on common lot 101 as shown on the revised conceptual
development plan dated October 30, 2019."
Staffs Recommended Change:
"The aane*atien area shall be subdivided pr-iar-to issuanee of any building pefmits beyend thes-e
fe"ifed fef the development of the seheel,YMCA and pafk site, a wireless e0M+nttf1i6atiE)ff
facility,the assisted living f4eility,medieal elinic, and the Hill's Genwfy Farm Nofth eonununity
Oeteber-30 2019."
"The R-8 and R-15 zoned residential portions of the annexation area shall be subdivided prior to
issuance of any building permits beyond those required for the community center complex on Lot
101 as shown on the revised conceptual development plan dated October 30,2019;building
permit(s)for the community center complex may be issued prior to subdivision of the property.
Subdivision of the C-N and C-C zoned commercial portions of the annexation area is not required
prior to issuance of building permits."
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