Loading...
1625 E. Bentley Drive (H-2020-0078) (2020-158710) ADA COUNTY RECORDER Phil McGrane 2020-158710 BOISE IDAHO Pgs=27 CHE FOWLER 11/19/2020 08:16 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES- 1. City of Meridian . Clint Hansen and Vincent l lornmer, Owners 1 Land Solutions, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 17th day of November2020, by and between City of Meridian, to municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue Meridian, Idaho 83642 and Clint Hansen and Vincent I lore mer,Whose address is 5986 T 1. Mitchurn Ave.,Meridian,tD 83646,hereinafter called OWNER,and Land Solutions,whose address is 231 E "' Street, Suite A, Meridian, ID 83642 hereinafter called DEVELOPER,. I. RECITALS: l.] WHEREAS, Owners are the sole owners, 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 1rroperty<and. E2 WHEREAS,Idaho Code§ 67-6511 A provides that cities may,by ordinance, require or permit as a conditiori of zoning that the Owners 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- 1 -3 of the Unified Development Code ("IJDC"), which authorizes development agreements upon the annexation arid./or re-zoning o land-and 1A WHEREAS,Owners/Developers have submitted an application for annexation of 1,55 acres ofT land with an C®C(C:Tonimunity Business)zoning district of the property listed in Exhibit "A„ attached hereto, under the Unified Development Code, which generally describes how the Property will be developed and what improvements Will be made, and 1.5 WHEREAS,Owners/Developer made representations at the public bearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will lie developed and what improvements will be made,and IatuV L at=MEN t,A R r.Nt>'N'r,- 1625 t, 131N rLEY DRIvIa(11-2020.0078) 1'A(iE l OF 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and 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 221"day of September,2020,the Meridian City Council approved certain Revised 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 1.8 WHEREAS, the Findings require the Owners/Developer to enter into a Development Agreement before the City Council takes final action on final plat-, and 1.9 WHEREAS,Ownersi Developer deem it to be in its best interest to be able to enter Ento this Agreement and acknowledges that this Agreement was entered into voltmtarily and at its urging and request-. and 1,10 WHEREAS,City requires the OwneTs/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 December 19, 2019, Resolution No. 19-2179,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, 3�2 OWNERS: means and refers to Clint Hansen and Vincent Blommer, whose address is 5986 N. Mitchum Ave., Meridian, ID 83646 hereinafter DEVELOPMENT AGREEMENT-1625 E.BENTLEY DRWE(IJ-202 0-0078) PAGE 2 OF 8 called OWN ER/DEV ELOPER, the party that owns said Property and shall include any subsequent owner(s)of the Property. 3.3 DEVELOPER: means and refers to Land Solutions,whose address is 231 E� 5 1h Street, Suite A, Meridian, ID 83642 hereinafter called OWNER/DEVELOPER, the party that is developing said Property and shall include any subsequent developer(s)of the Property- 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development 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 rio,it to develop the Property in accordance with the terms and conditions of this Agreement. 01 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 DEVELOPMEENT OF SUBJECT PROPERTV-. 5.1. Owners/Developer shall develop the Property in accordance w ith.the fo I low[fig special conditions: a. Uses on the propeTty shall be hi-nited to office uses only. b, Future development of this site shall be generally consistent with the conceptual site plan and building elevations included in Section VIII and the provisions contained in the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as exhibit"B". c. The existing house shall be removed prior to certificate of occupancy. d. The undeveloped portion of the property shall be seeded with native seed and maintained free of weeds until such a time as future development occurs on that portion. e. The applicant will submit a tree mitigation plan at time of Certificate of Zoning Compliance (CZC). This mitigation plan shall indicate the total number of caliper inches of trees proposed for removal, and the total number of replacement trees proposed. 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 DEVELOPMENT AGREEMENT-1625 E.BENTLEY DRIVE(H-2020-0078) PAGE3 OF 9 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 Owners/Developer's default of this Agreement, Owners/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 tirne 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 Owners/Developer that is not cured after notice as described in Section 7.2,Owner/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 niles, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/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 Owners/DevelopeT 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 Owners/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 of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners/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 pol icy,notify the City Engineer and request the City Engineer's inspections and written DEVELOPMFN-r AGREr-MF.NT- 1625 L.BENTLEY DRFVE(H-2020-0078) PAGF 4 OF 9 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 Owners/Developer,prior to the third reading',of the Meridian Zoning Ord]nance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council falls 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. It. 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/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 perfonnance is provided by Owner/Developer to the City in accordance with Paragraph I I above, 13. ABIDE BY ALL CITY ORDINANCES: That Owners 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 bythis 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 OWNERS: DEVELOPER: Clint Hansen and Vincent Blommer Land Solutions 5986 N. Mitchum Ave. 231 E. 5t" Street, Suite A Meridian, ID 83646 Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other 'on thereof In accordance with the requirements of this section. party a wntten notl icatl 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 DEVELOPMEWAGREEMENT- 1625E.Br.-:NTI-F.YDRrvrt(it-2020-0078) PAGE 5 oF 8 be granted, to court costs and ceasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the par-ties and shall survive any default,tennination 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 paiiies' 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 sale or alienation of the Property,or portions 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 shal I 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 govenimental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 2v FINAL AGREENIIENT: 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, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and 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 cond iti on govern ing the u ses and/o r conditions governi ng re-zon ing o f the su bJ ect 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 0EVELOPMENT AGREEMENT-1625 E.BENTLEY DRIV E.(1-1-2020-0079) PAGF,6 OF 8 f ing des ignat ion and/or a mendmen t 1 n fo ree at the notice pvov�sions provi or a zoni 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. lend of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this a&7eemerit and made it effective as hereinabove provided. OWNERS: Clint Hansen Vincent b6mmer DEVELOPER: Land Solutions BY: C 14 A-(-F-� Its: i�'%,—C 1� ,or'j 7- CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk DEVELOPMENT AGREEMENT- 1625 E.BENTLEY DRIVF(H-2020-0078) PA(-,iF 7 oF 8 STATEOF IDAJ-10 : 8s: County ol'Adn On thl-2-1lay ol' 0:7TN)� 2020, beforc� nic, the undersigned, a Notary Public in and for said State, personally appeared Clint Hansen known or identiflied to me to be person who signed above and acknowledged tonic that lie execlacd the sarric. IN WI'FNII:SS WHEREOF. I have hereunto set my hand all xed in ivi --alth. a andyear certificatc first atjo�k�uoiar-" Y in this P,honda G01dston k Notary Public Notilry Lblic State of Idaho Residing at: IA_ co missi n 245 My Cominksion Expiro�: STATE OF ID ss: County of Ada On thM I day of 020, before me, the undersigned,a Notary Public in and for said State, personally appeamd.Vincent Blornmer knohqi or identified to nic to be pQrson who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have livreunto set iny hand and affixed my ofDoial seal the day and year in this e r rti icate first above written. Rhanda G01dston Notary PUb1lC Nota Public or state of Idah Regiding at: i 5245 My Comm ion NO. 3 ission Expires: Con-iMis,s STATE OF IDAH County of Ada 011 thij, 10day o rsigne a ary 2020�bef'6re me,the Linde ' d N t Public in and for said State, personally appeared C—L kno no identified it)rr. M`4�/69,-TfLand Solutions, and the person whi)�ilgiwd above and acknowledged to me that lie exectited the saine on�Aalfofsaid Corporation. IN WI I NFISS WHEREOF I have hereunto se(.m)rhand and a i -d in co' cilil seal the da d in this �01 ds�on o e Wrl onda dston b - Pu lic -Tt' P daho S ry 1�','"Oy (), 3 52 cerlificatc first ove wri ot I .—-_�w . _"7ea onda Gol Notary Public t t State of Idaho Residing at: r,C I A-A �-T 4-5 (�-__onmmisqion No, 35245 My Cornmission' Expires: STATE OF I DAI 10 ss CountyofAda On this I 7th day of November , 2020,before ine, a Notary Public,personally appeared Robert E. $inaison 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 rne thatsuch City executed the sarrie. IN WITNESS W1 I I MID[`, I havc hereuntoset my hand and affixed my official seal die day and year in this certificate first above written. Notary Public,fpr Idgho . Meridian Idaho Re�dding at. -26-2022 Commission expires: PAGF 9 OF 9 EXHIBIT A Anncxation LegaI Description and Exhibit Map(date 6/26/2020) Logal Description 1625 E. Bentiev Dr. — Annexatio" and Rezone A Paicei lDcalea in the SW 4 pf Section 17 Township 3 North, Range 1 Ea5i So,se Meridian, Ada County, Idahu, anfj more particularly descoted as(0110WIS Commencing at a Brass Cao monwmen;inafiking The norihwest comer of said SW ,/A rium which a Brass Cap ri-Turiument marliung Lhe southwest corner of said SW 1/. beais S D"30'33' W a distance of 2659 46 feet: Thence S 0"30'33' VV alang We westerly boundary of isaid SW V.a distance or 627 57 faet to the POINT OF BEGINNING; -11'hon-�e lepv-ng said viiiefilerly bounciary S 89"67'27"E a distance o(23D-31 fbel,to a paint I J-tc-ni:e N Ci'Jo 4b i-- a oistance ol 14 tz feeir To a Point Or)Itle cimreri[na ol. E Banitay finve Thence along said caoterline a distance of 29.54 feet along the arc of a 100.00 toot radjus nor- tangeril curve left. saia curve having a centra, angle of 16"55'40 and a long chord bearing S 54'51'05 E a distance of 29.44 few to a 518 inch rebjjr marking the inteniia�alon of E. Bentley Cinve.and 8 Truss Place, nie4ice along Me centeri[ne of saia S Truss Place The following descricied courses, Thericia- odisiance of 5f5.07 feet along thp .. arc of 9 125 95 foot radios rion-ranqtW CUrva iaft said curve navirig a central angle of 25'42'39' anti a lang chord bearing S 13'49'4e' VV a distanca of 55 60 feet ti3 a point, Thmca S 0'58'27"W a distance of 197,08 feet to a point Thence legving sai�canjerlinie�N 89'57'26*'W a distance of 27�.73 jee-k to�i PQirit on the weaterly boundary ofsaid SW V.. Tmence eicrig sDia VieSterly boundary N 0'30 S3'' E a almance of 242 95 feet to the POINT OF BEGJNNING. This parcel contains 67,291 square feet(1.55 acres)and is subject to any easemants exmfinq or in Qse Clinton %N Hansen PLS Q, (X S" Land Solutions PC %S ILL* June 25 2020 0 X Wtilp I-r-e 4' 1625 E, Bentley Dr. - H-2020-0078 1625 E. BENTLEY DR. - ANNEXATION AND REZONE EXHIBIT OF &JOW .ARM 5111"2544? N4Y26 1'4 MRVE lx�:j LIMA RADIUS DELIa OCAPINCj CHCAD 9; VAL AwAxvt !T —i 'mov raw ±OULV m4-31wt 2"r (1,55 *Cr IMW n4Z'JS' 2131WWW SUIr elltt 4 sq, IVI V 2611m, $76'sWE 46,0C law bm,lf, NMY45-N, 1pt�z Po=S11MM00 E OMM"FM. LLA ST L 0 Li"dolutions c 40 e Land Surveying and Consuldng OF 0 W.kk .2 IL t,�!,,I I 51f A m 4 jAo,All 1-11 q! 'ttt�=,t KT 1625 E. Bentley Dr. - H-2020-0078 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C��f[EP� AND DECISION& ORDER In the Matter of the Request for Annexation and Zoning,by Clint Hansen,Land Solutions. Case No(s). 2020-0078 For the City Council Hearing Date of: September 8,2020 (Findings on September 22,2020) A. Findings of Fact I. Hearing Facts(see attached Staff Report for the hearing date of September 8,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 8, 2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 8, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 8, 2020, incorporated by reference) B. Conclusions of Law I. 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 I I 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 § I I-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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September8,2020,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(1625 E.BENTLEY DRIVE-FILE#2020-0078.) - I - 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 § I I-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 annexation and zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 8,2020, 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 67-651 IA. 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. 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 § 67-652 1, 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 8,2020. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(1625 E.BENTLEY DRIVE-FILE#2020-0078.) -2- 22nd September By action of the City Council at its regular meeting held on the day of 2020. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE 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: 9-22-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(1625 E.BENTLEY DRIVE-FILE#2020-0078.) -3- EXH I BIT A STAFF REPORT El� COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/8/2020 Legend DATE: 0 ICIP.--j- t Lccu'Fkar- : : TO: Mayor&City Council —WT1 V FFFFF FROM: Alan Tiefenbach,Associate Planner ------ - SRI 208-489-0573 SUBJECT: H-2020-0078 1625 E. Bentley Drive !0-1 LOCATION: The site is located within the southeast quadrant of S. Locust Grove Rd. an�E. Bentley Dr. (north of 1-84)., in the 5W'/4 of Section 17,Township 3 N.,Range 1W. IT-1 I&EH MIN 1. PROJECT DESCRIPTION Annexation&zoning of 1.55 acres of land with Community Business District(C-C)zoning district to allow a 4,800 sf+/-office flex building,by Clint Hansen of Land Solutions. The applicant may eventually build a second commercial building. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.55 Future Land Use Designation Commercial Existing Land Use(s) Single Family/Rural Proposed Land Use(s) Commercial Office Flex Space Lots(#and type;bldg./common) 2 parcels Number of Residential Units(type None(existing house to be removed) of units) Physical Features(waterways, No significant physical features. hazards,flood plain,hillside) Neighborhood meeting date;#of May 26,2020— 14 attendees signed in. attendees: B. Community Metrics Description Details Page Ada County Highway District Staff report(yes/no) No Pagel Description Details Page 0 Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State There is only one point of through access Hwy/Local)(Existing and Proposed) to this property—From S.Locust Grove Rd.to S.Truss PI/E.Bentley Dr. There is presently no eastern through access due to cul-de-sacs and dead end streets. Stub Street/Interconnectivity/Cross Access There is an unnamed stub(ROW in front of the property)that dead-ends just east (but does not connect)to S.Locust Grove Rd.Westbound E.Bentley Dr.connects to S.Locust Grover Rd. Existing Road Network Arterial and Local Streets Existing Arterial Sidewalks Buffers The applicant will be responsible for a 25'wide landscape buffer along S. Locust Grove Rd(sidewalks already exist in this area), 10'buffer and curb,gutter and sidewalk along S.Truss PI.,and a 25' residential buffer along the south property line. Proposed Road Improvements S.Locust Grove Rd.has recently been widened and there is a roundabout planned for the S.Locust Grove Rd. E. Bentley D .intersection. Fire Service—No comments submitted Police Service—No comments submitted Wastewater • Distance to Sewer Services 0 • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer ERU's See Application • WRRF Declining Balance 13.97 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concems * Flow is committed o No proposed changes to Public Sewer Infrastructure has been shown within record.Any changes or modifications to the public sewer infrastructure shall be reviewed and approved by Public Works. Water • Distance to Water Services 0 • Pressure Zone 3 • Estimated Project Water ERU's See application • Water Quality No concerns • Project Consistent with Water N/A Master Plan • Impacts/Concems No changes to public water infrastructu roposed. Page 2 C. Project Area Maps Future Land Use Map Aerial Map i e Leg-end RZ K — -C11- 0" Pl"c�t L-contor. W n 101' ornm WL FV IC Zoning Map Planned Development Map L-- Legend RU R Legend P-c�jeDl Lmo-fion City Limms I FFFFFTI-= P r-r.eA P o-u e-;s R!, RUT R T— L R Ti4 C. 0 RUT PUT C-6 L-0 C-C C-G C.G C-G 1 . -1 i�CM L Mu —6.4 L-Hain FFFMFI rrTm I I I 111. APPLICANT INFORMATION A. Applicant/Owner: Clint Hansen, Land Solutions—231 E. 5th St., Suite A,Meridian, ID 83642 B. Representative: Clint Hansen, Land Solutions—231 E. 5th St., Suite A,Meridian, ID 83642 Page 3 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 7/7/2020 8/21/2020 Radius notification mailed to properties within 300 feet 7/14/2020 8/18/2020 Public hearing notice sign posted 7/24/2020 8/27/2020 on site Nextdoor posting 7/14/2020 8/18/2020 V. STAFF ANALYSIS A. Annexation: The proposed annexation area is contiguous to City annexedproperty and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. B. Future Land Use Map Designation(ht(gs:llwww.meridianciu.orglcompplan) This property is designated as Commercial on the City's Future Land Use Map (FL UM) contained in the Comprehensive Plan. This designation is to provide afull range of commercial uses to serve area residents and visitors. Desired uses may include retail, restaurants,personal andprofessional services, and office uses, as well as appropriate public and quasi-public uses. The annexation area is near existingpublic services and is adjacent to the city limits. Although the majority of the properties in this area east of S. Locust Grove Road and north ofI-84 are rural residential, the land directly surrounding the subject property is recommendedfor commercial uses. Also, approximately 350feet to the east of the property, the FL UM recommends mixed use neighborhood.Most of the land on the west side of S. Locust Grove Rd. and south ofI- 84 is zoned commercial; directly across S. Locust Grove Rd. there are several large non- residential developments such as the Renaissance High School and the Idaho College of Osteopathic Medicine. The professional officeflex space (for professional services)proposed under this annexation complies with the recommendations of the FL UM and wouldprovide an appropriate transition in intensityfrom a commercial corridor to the existing residential at the north and east. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651 IA. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section HIL.A. The DA is required to be signed by the property owner(s)ldeveloper and returned to the City within 6 months of the Council granting the annexationfor approval by City Council and subsequent recordation. Comprehensive Plan Policies (https:llwww.meridiancity.ocglcompplan): The following Comprehensive Plan Policies are applicable to this development: Focus on developing industries that tend to exceed the living wage, such as technology, healthcare and other similar industries. (2.06.01E) Page 4 This annexation proposes a 4,300 squarefoot buildingfor a land surveying company. This is considered a professional service, which may be a primary employer with higher wages. Work with existing industrial businesses to expand or relocate operations to appropriate areas. (2.08.03C) The business proposed with this annexation is presently located at 213 E. 5th Ave. in Meridian in a shared 3,800 squarefoot building. The existing business leases approximately 1,300 squarefeet of available space. The applicant has stated the size and configuration of the present building does not lend itself to the existing operations and there is no room for expansion. The applicant intends to construct and own a larger building designedfor the operations which would also allow moreflexibility in workspaces. A ccording to the conceptual site plan submitted by the Applicant, the new office building would be constructed on the southern half of the property, to allow the possibility to eventually construct a second commercial building on the northern portion. The Comprehensive Plan supports this type of business in the proposed location. • Encourage infill development. (3.03.01E) The Comprehensive Plan defines infill as "development on vacantparcels, or redevelopment of existingparcels to a higher and better use that is surrounded by developed property within the City ofMeridian." The subjectproperty is surrounded by existing development on all sides, is directly adjacent to a commercial corridor, contains a vacant singlefamily residence and is already connected to city water and sewer. • Focus development and redevelopment intensity on key transportation corridors. (3.07.02C) The proposed officeflex building is proposed adjacent to S. Locust Grove Rd., a key transportation corridor. • Encourage compatible uses and site design to minimize conflicts and maximize use of land. (3.07.00) The surrounding neighborhood consists ofprimarily low density singlefamily residential. The FLUMrecommends the subjectproperty and to the southfor commercial uses, medium density residential to the north and mixed use neighborhood to the east. To the west of the property(across S. Locust Grove Rd.) are higher intensity non-residential uses such as the Renaissance High School and the Idaho College of Osteopathic Medicine. South of the property(south ofl-84) are intensive commercial uses such as drive through restaurants and movie theaters. The proposed officeflex building in this location willprovide an appropriate transitionfrom the residential and mixed use residential uses to the east to the commercial uses to the west and south. "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available along S. Locust Grove Rd. and can be extended by the developer with development in accord with UDC 11-3,4-21. Page 5 C. Existing Structures/Site Improvements: There is an existing 2,123 singlefamily residence on the property, constructed in 1972.As the property is proposed to be zoned to C-C, which does not allow singlefamily residential, the existing house should be required to be removed as part of the annexation agreement. Proposed Use Analysis: Office buildings are listed as a principal permitted use (professional services) in the C-C zoning districts in UDC Table 11-2B-1. The applicant's intent is to construct a new 4,800 squarefoot building on the southern portion of the property. However, the applicant has indicated a second commercial building may be built to the north. The property consists of a I acre parcel and a small.2 acre 'strip of land"so it is possible the applicant could do a boundary line adjustment to create an additional buildable lot. At staffs request, the applicant has provided the conceptual layoutfor both buildings. The site plan provided reflects commercial buildings at the north and south perimeters of the property, with parking central to the development. Staff believes the layout as proposed is an efficient design for the property. As the applicant intends this project to build out in two phases, staff has concerns that the undeveloped hatf of the property will remain a "no-man's land"while the other ha�f builds out. Staff recommends that the undevelopedportion of the property be seeded with native seed and maintainedfree of weeds until such a time asJuture development occurs. D. Dimensional Standards(UDC 11-2): The zoning is proposed to be C-C. This requires no street setback but does require a 25' landscape buffer along arterial roads (S. Locust Grove Road) and 10'buffer along S. Truss Pl.A 25'residential landscape buffer is also required at the south of the property, adjacent to the neighboring existing singlefamily residence. Building height is limited to 50'. E. Specific Use Standards (UDC 11-4-3): There are specific requirements regardingflex space. This includes roll-up doors not being visiblefrom a public street and loading docks being prohibited. The conceptual elevations show the roll up doors on the north side of the building(awayfrom S. Locust Grove Road),parking oriented toward the center of the buildings, and no loading docks. If a second building is constructed as proposed, this will also help minimize the view of the garage doorsfrom public street view. F. Access(LI-3A-3): Access to this property will occurfrom two points off of S. Truss Pl. S. Truss Pl. connects to E. Bentley Dr. and out to S. Locust Grove Rd(an arterial). The applicant has stated A CHD will require them to add curb, gutter and sidewalk along S. Truss Pl. to the south extent of their property. There is an existing stub offE. Bentley Dr. north of the subject property, which terminates in a dead end east of S. Locust Grove Rd. The applicant does notpropose accessfrom this street and A CHD is not requiring improvements to this road. G. Parking(UDCL1-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6for commercial districts based on one space per 500feet ofgrossfloor area. Witha Page 6 proposed building size of 4,835 squarefeet, 10 parking spaces would be required. The conceptual site plan indicates l7parking spacesfor thefirst building, and the same amount of parking spacesfor a conceptual second building. The parking requirements are satisfied, but staff notes thefinal number willprobably be less because UDC 11-3B-8 requires an internalplanter island of at least 50 squarefeetfor every row of more than 12 parking spaces. H. Sidewalks(UDC LI-3A-1 7): Sidewalks already exist along S. Locust Grove Rd. The Applicant is required to add curb, gutter and sidewalk along S. Truss Pl. to the south extent of their property line. 1. Parkways(UDC LI-3A-1 7): No Parkways are proposed with this development. J. Landscaping (UDC 11-3B): The applicant will be required to install a 25'wide buffer along S. Locust Grove RD. as is requiredfor arterial streets, a 10'landscape buffer along S. Truss Pl. and E. Bentley Dr. as is requiredfor local streets, and a 25'wide landscape at the south of the property as is requiredfor anyparcel sharing a contiguous lot line with a residential land useper UDC 11-2B. Parking lot landscaping, including 5'buffers adjacent to parking, loading and other vehicular use areas, including the possibility ofplanter islands, will also be requiredper UDC 11-3B. As mentioned, the applicant's plans reflect the desire to construct thefirst commercial building as phase one, and eventually construct a second building on the other ha�f of the property.As mentioned above, staff is recommending the undeveloped portion of the property be seeded with native seed and maintainedfree of weeds until such a time asJuture development occurs. K. Tree preservation(I 1-3B-10) There are several existing trees on site.At time of CZC submittal, the applicant will be required to work with the City Arborist if removal is proposed.A mitigation plan may be required which would be required to indicate the total number and caliper inches of trees proposedfor removal and the total number of replacement trees proposed. L. Waterways (UDC LI-3A-6): There are no significant waterways on the property. M. Fencing(UDC 11-3A-6, 11-3A-7): The concept plans do not indicate anyfencing.Allfencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7. N. Utilities(UDC LI-3A-21): Public services are available to accommodate the proposed development. The sub ect property is j already connected to City water and sewer which was installed with recent expansions to S. Locust Grove Road. 0. Building Elevations(UDC 11-3A-19 I Architectural Standards Manua�: The Applicant has submitted sample elevations of theproposed officeflex buildingfor thisproject (see Section VII). Page 7 The conceptual elevations show a one-story office building comprised of metal andfiber cement siding, with a sloping roof.As is required by UDC 11-4-3-18forflex space, the roll-up doors are faced to the north, awayfrom public streets.At time of CZC and DES submittal, complete architectural elevations with materials called out will be required and the architecture will be reviewed against the Architectural Standards Manual(ASM). It does appear that the conceptual elevations might not meet the standards of the ASM in regard to buildings with rooflines 50-feet in length incorporating roofline andparapet variations. Also, the Applicant should be aware that untextured concretepanels and prefabricated steelpanels areprohibited asfield materialsfor buildingfaqades, except when used with a minimum of two other qualifyingfield materials and meeting all other standardJenestration and material requirements. The applicant site and building design is required to comply with the design standards in the UDC and the ASM. VI. DECISION A. Staff- Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement with the conditions noted in Section VIII per the Findings in Section Ix. B. The Meridian Planning&Zoning Commission heard this item on August 6,2020. At the public hearing,the Commission voted to recommend approval of the subject annexation request. I. Summa1y of Commission Public Hearing a. In favor: Clint Hansen,Land Solutions b. In opposition:None c. Commenting: Clint Hansen,Land Solutions d. Written testimony: Robert and Lindeen Neufeld and Jeannette Tanner e. Staff presenting gpplication: Alan Tiefenbach f. Other Staff commenting on gpplication:None 2. Key issue(s)of public testimgM. a. None 3. Key issue(s)of discussion by Commission a. Commissioners discussed an earlier site plan in the case file versus the newer one included in the staff report. Staff responded that the previous site plan did not show a second building. As staff was writing the staff report,the qpplicant had mentioned they intended to reconfigure a second lot and construct a second commercial building. Staff and the gpplicant worked together to arrive at a revised site plan that demonstrated this. b. The Commission asked whether the elevations submitted with the staff report would also change. The gpplicant responded that they probably would. Staff added the elevations submitted probably would not meet the requirements of the Architectural Standards Manual (ASM)but staff would work with the gpplicant on this during the Certificate of Zoning Compliance(CZC). c. Commission discussed hours of operation and whether there would be exterior lighting that would iLnpact the adjacent residences.Applicant responded the hours would be normal Page 8 office hours between 8AM and 5PM, and aLiy exterior lighting would be downcast and shielded as required by the regulations. 4. Outstanding issue(s) for Council. a. None C. The Meridian Cijy Council heard this item on September 8,2020.At the public hearing,the Council moved to gpprove the subject annexation and ggaim I. Summary of the Cijy Council public heqdW a. In favor: Clint Hansen,Land Solutions b. In opposition: None C. Commenting: None d. Written testimony: Robert and Lindeen Neufeld, Jeannette Tanner, Glenna Newby, Barbara Valdez,Jgymi Hugo, Glenna Newb Staff presenting gpplication: Alan Tiefenbach f. Other Staff commenting on Uplication:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Cijy Council: a. Whether or not the E. Bentley"stub street"should be vacated. b. Height of buildiM C. Traffic d. Limiting uses to office only 4. Cijy Council change(s)to Commission recommendation: a. Add restriction to the development agreement that allows only office uses for both buildings, Page 9 VII. EXHIBITS A. Annexation Legal Description and Exhibit Map(date 6/26/2020) Legal Description 1625 E. Benfley Dr. — Annexation and Rezone A pefLel liauatad in the SVV 1/4 of Section 17. Tuvenship 3 North, Ran-ge I Easi.. Boise Ma-ridian. Ada Gounty, Idalho, and more particularly descrizied as follows- Commencing at a firai;s Cap moriumenii marking Me northwest ciarnier DI Faid SWI/4- firom whi�ch a Brass Gap manument marking the southwest corner of said SW M. bears 3 D"WBT W a distance o!'I-65S.46 feet,. Themee S VW33' VV along We westerly baiundary ff said 5VV Xta distance of 627.57 feP1 to the PGINT OF BEGINNING; Thenoe leaving said wesTerly �owdary S 89'57'27' r= a distarice of 239-31 f6et to a 00imL. I henoe N 4-,3-3Ej'4b'- E a distance&�54,,,36 feet ta a point on ine centeriine of E BantleyDnVa: Them* along said centerline a distance of 29.541 feet along the arc of a 100.00 foot radius non- tangen! curve Jeft, saia curve having a central angill.e. of W55'40' -and ai larig (,,hord bea1mg S 54'51'05� E a distance of 29.44 feet to a 518 inch rebar marklrig th-a Intersection of E, Bentley Drive anij S. Truss Place' Thetice along Vie centerline of 5aW 6 Tru5s PlacF.,the foll-ewrig deaurlded Cou(ses. Thence Pi distance of 56.07 feel along th@ arc oi-a 125 PS foot radius irien-tairigor[t curve left.said curve having @ -central angle of 25'42'39' @nU a lQnq rbord bearing S 13'49,46' Wa diistanGe of 55 60 feet to a pi3i nt-. Th ence S 0'58'27"W @ di sta rice of 197.06 feet to 2 poi n i: T hen ce jeav ing saud oenterline N EW'57'26"W-a distance of 272 33 feet to a polri t i�m the westarly bour)dwy of said SW%, Trieri�-e along saio we-sierly ticuridery N 0�30'33" E a distance of 24-2 95 feet to tfie POIWr OF BEGINNING. This parral c-ontaiini 67,291 square feet (1.55 acres)-and Is subject to anV easernant5 existIM9 or in kise Clinton VV- Hansen, IRLS �6 L -A.Pjo Laricii SciLiti-nns. PC June 26, 2020 0 LL 7_ 7- 14- kA Page 10 1625 E. BENTLEY DR, - ANNEXATION AND REZONE EXHIBIT 1/4 IMLAITU POINT DF SUR-717"E 239.31, C4 CURY� UM "'OE f M14TH WO�I�MLTA EEARINC MORD 19 c� -MTAL AREA * E74'91 SF (1,55 ACRES) E2 mor 124-W 2 c� 4&w 1141 W 2MV M'39111 46JM' Ts 7 PARM SIMM5700 �kg E QVIRM FID. il 7 1 L LA 5 T q6 U, ar-�-i L ld iolutions Surveying and ConsuJfing G- 40 80' 160' OF t"ST..STE A W. mEac%AN,ID ON4 12m,288-200 lw Page I I B. Proposed Concept Site Plan(du1c: 7/30/2020) 14 POINT OF BEGINNING 25 BLOCK I CD LAND SOLUTIONS 7 IJH cy- LE Page 12 C. Proposed Elevations(date: 6/26/2020) L--j LIL---, Ll I 7�411`�Z' -77 —r—=7� FMH-� EVAIKDN R-EVATION 30 V-2 AN-= VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION I. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Uses on the property shall be limited to office uses only. b. Future development of this site shall be generally consistent with the conceptual site plan and conceptual building elevations included in Section V11 and the provisions contained herein. c. The existing house shall be removed prior to certificate of occupancy. d. The undeveloped portion of the property shall be seeded with native seed and maintained free of weeds until such a time as future development occurs on that portion. e. The applicant will submit a tree mitigation plan at time of Certificate of Zoning Compliance(CZC). This mitigation plan shall indicate the total number and caliper inches of trees proposed for removal and the total number of replacement trees proposed. Page 13 f, There shall not be direct access to N. Locust Grove Rd. B. PUBLIC WORKS I. No proposed changes to public sewer infrastructure has been shown within record.Any changes or modifications to the public sewer infrastructure shall be reviewed and approved by Public Works. 2. There are two existing water stubs at the northern boundary that either need to be used or abandoned per Meridian Public Works Standards. C. ACHD https:llweblink.meridianciU.orgl_WebLinkIDocView.aspx?id=192567&dbid=O&rgpo=MeridianC Lty D. ADA COUNTY DEVELOPMENT SERVICES ht�2s://weblink.meridiancity.org/WebLink/DocView.aspx?id=l 92349&dbid=O&repo=MeridianCi iy IX. FINDINGS A.Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Councilfinds annexation of the subject site with a C-C zoning designation is consistent with the Comprehensive Plan Commercial FL UM designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Councilfinds the proposed officeflex building will be consistent with the purpose statement of the commercial districts in that it will support the purpose ofprovidingfor the service needs of the community, in accordance with the Meridian Comprehensive Plan 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Councilfinds that the proposed annexation and zoning should not be detrimental to the public health, safety, or welfare. Commission recommends the Council consider any oral or written testimony that may be provided when determining thisfinding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Councilfinds that the proposed annexation and zoning will not result in any adverse impact upon the delivery ofservices by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city Councilfinds the proposed annexation is in the best interest of the City. Page 14