Application Materials
Chris Johnson
From:clerk@meridiancity.org
Sent:Thursday, January 21, 2021 10:04 AM
To:Chris Johnson
Subject:Development Application Transmittal - Scentsy Campus MDA H-2021-0002
Development Application Transmittal - Scentsy Campus MDA H-2021-0002
Link to Project Application: http://bit.ly/H-2021-0002
Hearing Date: February 23, 2021
Assigned Planner: Alan Tiefenbach
To view the City of Meridian Public Records Repository, Click Here
The above “Link to Project Application” will provide you with any further information on the project.
The City of Meridian is requesting comments and recommendations on the application referenced above. To review the
application and project information please click on the application link above. The City of Meridian values transparency
and makes a variety of information available to the public online through our public records repository.
We request that you submit your comments or recommendations prior to the hearing date specified above. When
responding, please reference the file number of the project. If responding by email, please send comments to
cityclerk@meridiancity.org.
For additional information associated with this application please contact the City of Meridian Planner identified above
at 208-884-5533.
Thank you,
City Clerk’s Office
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.888.4433|Email: cityclerk@meridiancity.org
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
1
City Council Hearing Date: February 23, 2021
Planner: Alan Tiefenbach
File No.: H-2021-0002
Project Name: Scentsy Campus DA Modification
Request: Proposal to modify development agreement to include 11.75-acre parcel of land,
revise approved concept plan and elevations, and include light industrial uses into
the allowed uses, by Sam Johnson, Scentsy Inc.
Location: The site is located at the southwest corner of E. Pine Ave. and N. Hickory Ave., on
Parcel R7724570700, in the SE ¼ of Section 8, Township 3N, Range 1E.
E IDIOT.=
i A i•k O
Type of Review Requested
Hearing
Applicant Information
Applicantname: SAM JOHNSON, SCENTSY INC
Applicant address: 2701 E. PINE AVE, MERIDIAN, ID 83642
Ownername: SAM JOHNSON, HOT1 LLLP
Owner address: 2701 E. PINE AVE, MERIDIAN, ID 83642
Agent name (e.g. architect, engineer, developer, representative):
Firm name: SCENTSY INC
Address: 2701 E. PINE AVE
Contact name:
Contact address:
Subject Property Information
Location/streetaddress: 2499E PINE AVE
Assessor's parcel number(s): R7724570700
Township, range, section: 3 N 1 E8
Project Description
Project/Application Name: Scentsy Campus - MDA
Description of Work: see narrative letter
Planning Division
HEARING APPLICATION
File number: H-2021-0002
Assigned Planner: Alan Tiefenbach
Related Files:
Phone:
Email: sjohnson@scentsy.com
Phone: Fax:
Email: sjohnson@scentsy.com
SAMJOHNSON
Phone: Fax:
Email: sjohnson@scentsy.com
Phone:
Email:
33 E Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org
1
Fax:
Application Information
APPLICATION TYPES
Alternative Compliance - ALT:
Annexation and Zoning - AZ:
Comprehensive Plan Map Amendment - CPAM:
Comprehensive Plan Text Amendment - CPAT:
Conditional Use Permit - CUP:
Design Review - DR:
Development Agreement Modification - MDA:
Planned Unit Development - PUD:
Preliminary Plat - PP:
Preliminary Final Plat - PFP:
Private Street - PS:
Rezone - RZ:
Vacation - VAC:
ADDRESS VERIFICATION
Address Verification Permit Number:
TYPE OF USE PROPOSED
Residential:
Office:
Commercial:
Employment:
Industrial:
Single -Family Detached:
Single -Family Attached:
Townhouse:
Duplex:
Multi -Family:
Vertically Integrated:
PROPERTY INFORMATION
General Location:
Current Land Use:
Total Acreage:
Prior Approvals (File Numbers):
Traffic Study Required per ACHD:
ZONING DISTRICT(S)
R-2:
R-4:
R-8:
UNCHECKED
UNCHECKED
UNCHECKED
UNCHECKED
UNCHECKED
UNCHECKED
CHECKED
UNCHECKED
UNCHECKED
UNCHECKED
UNCHECKED
UNCHECKED
UNCHECKED
LDAV-2020-0817
UNCHECKED
UNCHECKED
UNCHECKED
UNCHECKED
CHECKED
UNCHECKED
UNCHECKED
UNCHECKED
UNCHECKED
UNCHECKED
UNCHECKED
Pine & Hickory
Agriculture
11.75
Pinebridge DA File#AZ 07-006, RZ 07-010 & PP
07-008; instr# 108022893
No
UNCHECKED
UNCHECKED
UNCHECKED
33 E Broadway Avenue, Suite 102 a Meridian, Idaho 83642
Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org
3
R-15:
UNCHECKED
R-40:
UNCHECKED
C -N:
UNCHECKED
C -C:
UNCHECKED
C -G:
CHECKED
L -O:
UNCHECKED
M -E:
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H -E:
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I -L:
UNCHECKED
I -H:
UNCHECKED
O -T:
UNCHECKED
TN -C:
UNCHECKED
TN -R:
UNCHECKED
County:
UNCHECKED
FLUM DESIGNATION(S)
Low Density Residential:
UNCHECKED
Medium Density Residential:
UNCHECKED
Medium -High Density Residential:
UNCHECKED
High Density Residential:
UNCHECKED
Commercial:
UNCHECKED
Office:
UNCHECKED
Industrial:
UNCHECKED
Civic:
UNCHECKED
Green Space Parks, Pathways, and Open Space:
UNCHECKED
Old Town:
UNCHECKED
Mixed Use Neighborhood:
UNCHECKED
Mixed Use Neighborhood with N.C.:
UNCHECKED
Mixed Use Community:
UNCHECKED
Mixed Use Community with N.C.:
UNCHECKED
Mixed Use Regional:
CHECKED
Mixed Use Non -Residential:
UNCHECKED
Mixed Use Interchange:
UNCHECKED
Low Density Employment:
UNCHECKED
High Density Employment:
UNCHECKED
Mixed Employment:
UNCHECKED
Mixed Use Residential:
UNCHECKED
Mixed Use Commercial:
UNCHECKED
Lifestyle Center:
UNCHECKED
PROJECT INFORMATION
Site Plan Date (MM/DD/YYYY):
1-11-2021
Who will own and Maintain the Pressurized Irrigation System in this Development:
HOT1 LLLP
33 E Broadway Avenue, Suite 102 * Meridian, Idaho 83642
Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org
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Irrigation District:
Settlers Irrigation
Primary Irrigation Source:
Snyder Lateral
What was the date of your pre -application meeting?:
11/03/2020
What was the date of your neighborhood meeting?:
12/17/2020
PROPERTY POSTING
UNCHECKED
I agree to comply with the Commitment of Property Posting regulations per UDC 11-
CHECKED
5A -6D:
UNCHECKED
AZ / RZ ONLY
UNCHECKED
R-2:
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R-4:
UNCHECKED
R -g:
UNCHECKED
R-15:
UNCHECKED
R-40:
UNCHECKED
C -N:
UNCHECKED
C -C:
UNCHECKED
C -G:
UNCHECKED
L -O:
UNCHECKED
M -E:
UNCHECKED
H -E:
UNCHECKED
UNCHECKED
UNCHECKED
O -T:
UNCHECKED
TN -C:
UNCHECKED
TN -R:
UNCHECKED
PROPOSED FLUM DESIGNATION(S)
Low Density Residential:
UNCHECKED
Medium Density Residential:
UNCHECKED
Medium -High Density Residential:
UNCHECKED
High Density Residential:
UNCHECKED
Commercial:
UNCHECKED
Office:
UNCHECKED
Industrial:
UNCHECKED
Civic:
UNCHECKED
Green Space Parks, Pathways, and Open Space:
UNCHECKED
Old Town:
UNCHECKED
Mixed Use Neighborhood:
UNCHECKED
Mixed Use Neighborhood with N.C.:
UNCHECKED
Mixed Use Community:
UNCHECKED
Mixed Use Community with N.C.:
UNCHECKED
Mixed Use Regional:
UNCHECKED
Mixed Use Non -Residential:
UNCHECKED
33 E Broadway Avenue, Suite 102 a Meridian, Idaho 83642
Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org
7
Mixed Use Interchange:
UNCHECKED
Low Density Employment:
UNCHECKED
High Density Employment:
UNCHECKED
Mixed Employment:
UNCHECKED
Mixed Use Residential:
UNCHECKED
Mixed Use Commercial:
UNCHECKED
Lifestyle Center:
UNCHECKED
QUALIFYING OPEN SPACE
Open Grassy Area (min. 50' x 100'):
UNCHECKED
Community Garden:
UNCHECKED
Ponds or Water Features:
UNCHECKED
Plaza(s):
UNCHECKED
Additions to Public Park:
UNCHECKED
Collector Street Buffer(s):
UNCHECKED
Arterial Street Buffer(s):
UNCHECKED
Parkways:
UNCHECKED
10' Parkway Along Arterials:
UNCHECKED
Stormwater Detention Facilities:
UNCHECKED
Open Water Ponds:
UNCHECKED
QUALIFYING SITE AMENITIES
Clubhouse:
UNCHECKED
Fitness Facilities:
UNCHECKED
Enclosed Bike Storage:
UNCHECKED
Public Art:
UNCHECKED
Picnic Area:
UNCHECKED
Additional 5% Open Space:
UNCHECKED
Communication Infrastructure:
UNCHECKED
Dog Owner Facilities:
UNCHECKED
Neighborhood Business Center:
UNCHECKED
Swimming Pool:
UNCHECKED
Children's Play Structure:
UNCHECKED
Sports Courts:
UNCHECKED
Pedestrian or Bicycle Circulation System:
UNCHECKED
Transit Stop:
UNCHECKED
Park and Ride Lot:
UNCHECKED
Walking Trails:
UNCHECKED
Open Grassy Area (min. 50' x 100') - Multi -Family:
UNCHECKED
APPLICATION DISCLAIMER
I have read and accept the above terms:
CHECKED
Your signature:
Sam Johnson
33 E Broadway Avenue, Suite 102 a Meridian, Idaho 83642
Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org
E
SCENTSY
January 11th, 2021
City of Meridian
Community Development Services
33 E. Broadway Ave., Suite 102
Meridian, Idaho 83642
RE: Development Agreement Modification Application
Dear Mr. Hood,
On behalf of HOT1 LLLP/Scentsy, I would like to apply for a modification to Development Agreement
(instrument #111052691; file #MDA 10-010) between HOT1 LLC and The City of Meridian recorded on
June 30, 2011. The purpose of this modification is to remove a 11.75 -acre parcel of land (R7724570700)
from the Pinebridge development agreement (inst. #108022893), include that parcel in the HOT1
development agreement and allow light -industrial uses as a principally permitted use within the C -G zone.
Although the subject property was purchased by HOT1/Scentsy in August 2011, it is still part of the
Pinebridge Development Agreement which does not allow for an I -L use in the C -G zone. Scentsy has
experienced tremendous grown in 2020 and needs more onsite warehouse space for raw materials and
finished good. Upon approval of this MDA, we would construct a 211,500 square foot warehouse
(including approx. 32,000 sf of office) on Lot 7 Block 1 of the Scentsy Commons Subdivision (file #FP -14-
040; recorded on June 17, 2015, inst. #2015-053188). See Building Renderings in application documents.
By way of information, Pinebridge Subdivision was approved on February 19, 2008 (file #AZ 07-006, RZ 07-
010 & PP 07-008 and Ordinance No. 08-1348). That Development Agreement between the City of
Meridian and DMB Investments, LLC. was recorded on February 28, 2008 under instrument #108022893.
I would also like to correct and clarify a few errors in the pre -app notes. The current HOT1/Scentsy
development agreement (recorded in June 2011) does not include the subject property (R7724570700)
because we did not own it at the time of the previous modification. That application only included what
we now know as lots 3-6 block 1 of the Scentsy Commons Subdivision (recorded in June 2015). Properties
south of Commercial were never included in the Pinebridge DA, including 501 N. Eagle Rd. In fact, there is
no development agreement for any of our five properties south of Commercial street and we are not
proposing to include any of them in this application.
Please refer to our proposed changes in the application documents. If you have any questions or need
additional information, please contact me at 208-863-5889 or sjohnson@scentsy.com. Thank you for your
consideration.
Sincerely,
je,—
Sam Johnson
Chief of Staff
Scentsy, Inc. 1 2701 E. Pine Avenue. Meridian, Idaho 83642 1 (208) 472.0800 toll free (877) 895.4160 1 scentsy.com
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AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I Orville Thompson/HOTI LLLP
Meridian (name)
(city)
being first duly sworn upon, oath, depose and say:
2701 E. Pine Ave
Idaho (address)
(state)
That I am the record owner of the property described on the attached, and I grant my
permission to:
Sam Johnson
(name)
2701 E. Pine Ave
(address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this 21 day of December , 20 20
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
QM A6A
NANCYAMCLINN (Notary Public for Idaho)
NOTARY PUBLIC - STATE OF IDAHO ��� T-6COMMISSION NUMBER 51494 Residingat:
MY COMMISSION EXPIRES 12-19.202 1
My Commission Expires: Z
(Rev 05/29/20)
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. H.O.T. 1, LLGLLLP, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of , 2-442021, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and H.O.T. 1, L-LCLLLP, whose
address is 3698 E. T anar-k2701 E. Pine Ave, Meridian, ID 836426, hereinafter called
OWNER/DEVELOPER.
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, I.C. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re -zoning that the Owner/
Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, Developer has submitted an application for a Modification
of the Development Agreement dated 2-28-08, instrument # 108022893
(Pinebridge DA) and Modification of the Development Agreement dated
6-30-11, instrument # 111052691 (HOT1 DA); and
1.4 WHEREAS, Owner/Developer made representations at the public
hearing before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
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1.6 WHEREAS, City and Owner/Developer now desire to remove a portion
of land referred to as Exhibit "A" from the original Development
Agreement, and add said land to the HOT 1 Development Agreement
enter- ;rt„ a e w Development Agreement f that-poi4io „4an which
DEVELOPMENT AGREEMENT - SCENTSY (N4D ^ 10 0 10) PAGE 1 OF 9
terms have been approved by the Meridian City Council in accordance
with Idaho Code Section 67-6511.
1.7 WHEREAS, record of the proceedings for the requested development
agreement modification for the subject Property held the City Council,
include responses of government subdivisions providing services within
the City of Meridian planning jurisdiction, and received further testimony
and comment; and
1.8 WHEREAS, City Council, the 4#' day ofjanuat-y, 2044, has approved
Findings of Fact and Conclusions of Law and Decision and Order, set
forth in Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as (the
Findings); and
1.9 WHEREAS, the Findings of Fact and Conclusions of Law and Decision
and Order requires the Owner/Developer to enter into a development
agreement to reflect the change of ownership in the subject property; and
1.10 OWNER/DEVELOPER deems 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 requests; and
1.11 WHEREAS, City requires the Owner/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 development agreement, herein being
established in accordance with the amended Comprehensive Plan of the
City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian Unified
Development Code, 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
DEVELOPMENT AGREEMENT - SCENTSY (N4D ^ '0^' ^) PAGE 2 OF 9
of the State of Idaho, whose address is 33 East Broadway Avenue,
Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to H.O.T. 1, LLLPE, 349-5
E. banark, Mer-idian, 1D 9 2701 E. Pine Ave., Meridian, ID 83642,
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 described in Exhibit A
describing the parcels to be zoned C -G (General Commercial District)
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2B-2 and, per this agreement, light -industrial
use is allowed as a principally permitted use within the C -G zone.
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/Developer shall develop the Property in accordance with the
following special conditions:
1. Development of the property shall substantially comply with the conceptual
site plan and elevation submitted with the subject application and the
concepts outlined below.
2. The following concepts shall be employed in the development of the
property:
a. General massing of buildings, roundabouts and landscape islands in
streets shall be constructed as generally shown on the conceptual site
plan prepared by CTA, in a t de<,�-0.
b. Pedestrian connections shall be constructed between buildings in the
form of pathways distinguished from vehicular driving surfaces through
the use of pavers, colored or scored concrete, or bricks;
c. Common areas with site amenities (i.e., plazas/courtyards, water features,
picnic areas, flower gardens, public art, etc.) are encouraged to be
included within the development.
DEVELOPMENT AGREEMENT - SCENTSY (N4D ^ '0^' ^) PAGE 3 OF 9
d. Exterior building walls should demonstrate the appearance of high-
quality materials of stone, brick, wood, or other native materials
(acceptable materials include tinted or textured masonry block, textured
or painted architectural concrete panels, or stucco or stucco like synthetic
materials. Smooth faced concrete block, tilt -up concrete panels, or
prefabricated steel panels are acceptable with the addition of paint and/or
high-quality accent materials.
e. The building design shall incorporate at least 2 changes in one or a
combination of the following: color, texture and materials;
f. Rooflines shall demonstrate 2 or more of the following: overhanging
eaves, sloped roofs, two or more roof planes, varying parapet heights, and
cornices;
g. The primary building entrances shall be clearly defined by the
architectural design of the building.
h. Buildings will be constructed in the order they are generally listed on the
conceptual site plan (A, B, C, etc.)
i. Building "A" is an aeeessai=y use within the ettffent zening designation
a will be permitted to be—eenstruet to other prineipally
pefmitted stfuetur-es (B or- G) per- this agr-eeme
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the
commitments contained herein shall be terminated, and the zoning designation reversed, upon an
uncured material default of the Owner/Developer or Owner/Developer's heirs, successors,
assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject
Property" of this agreement within two years of the date this Agreement is effective, and after
the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-
6509, or any subsequent amendments or recodifications thereof.
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/Developer's default of
this Agreement, Owner/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
DEVELOPMENT AGREEMENT - SCENTSY (N4D ^ '0^' ^) PAGE 4 OF 9
may be necessary to complete the curing of the same with diligence and
continuity.
7.3 Remedies. In the event of default by Owner/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 rules, including any
applicable provisions of Idaho Code §§ 67-6509 and 67-6511.
Owner/Developer reserves 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/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/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/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: Owner/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 either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's
and/or Developer's cost, and submit proof of such recording to Owner/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.
DEVELOPMENT AGREEMENT - SCENTSY (N4D ^ '0^' ^) PAGE 5 OF 9
10. ZONING: The current zoning of C -C (General Commercial) shall remain.
11. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/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.
11.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured
material breach of this Agreement, the parties agree that City and Owner
and/or Developer shall have thirty (30) days after delivery of notice of
said breach to correct the same prior to the non -breaching party's seeking
of any remedy provided for herein; provided, however, that in the case of
any such default which cannot with diligence be cured within such thirty
(30) day period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time allowed to
cure such failure may be extended for such period as may be reasonably
necessary to complete the curing of the same with diligence and
continuity.
11.2 In the event the performance of any covenant to be performed hereunder
by either Owner/Developer or City is delayed for causes which 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.
12. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/
Developer agrees to provide, if required by the City.
13. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no
Certificates of Occupancy will be issued in any phase in which the improvements have not been
installed, completed, and accepted by the City or otherwise entered into an approved letter of
credit for unfinished improvements.
14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to
abide by all ordinances of the City of Meridian and the Property shall be subject to de -
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the
Ordinances of the City of Meridian.
DEVELOPMENT AGREEMENT - SCENTSY (N4D ^ '0^' ^) PAGE 6 OF 9
15. 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:
City Clerk
City of Meridian
33 E. Broadway Ave.
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
H.O.T. 1, L-L-ELLLP
3698 E. T anaf-k2701 E. Pine
Meridian, ID 83642
Phillip E. Br-eadbe Legal Department
Scentsy, Inc.
3698 E. Lanark
Meridian, ID 83642
15.1 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.
16. 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.
17. 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.
18. 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 of the Property, 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/Developer has fully performed its obligations under this Agreement.
DEVELOPMENT AGREEMENT - SCENTSY (N4D ^ '0^' ^) PAGE 7 OF 9
19. 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.
20. 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, 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.
20.1 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.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date of execution of the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
H.O.T. 1, DbELLLP
go
CITY OF MERIDIAN
an
ATTEST:
JayEov T Holman, City Clerk
DEVELOPMENT AGREEMENT - SCENTSY (N4D ^ '0^' ^) PAGE 8 OF 9
STATE OF IDAHO, )
): ss
County of Ada, )
On this day of , 24142021, before me, the undersigned, a
Notary Public in and for said State, personally appeared ,
known or identified to me to be the of H.O.T. 1, LL�GLLLP, and
acknowledged to me that they executed the same on behalf of said corporation.
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 Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
ss
County of Ada )
On this day of , 20442021, before me, a Notary
Public, personally appeared Ta nnifde Weefd - and .
Holman , know 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.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
DEVELOPMENT AGREEMENT - SCENTSY (N4D ^ '0^' ^) PAGE 9 OF 9
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SITE PLAN
Dated January 11, 2021
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CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
Project/Subdivision Name: Scentsy South Campus Date: Nov 3, 2020_
Applicant(s)/Contact(s): Joshua Hersel
City Staff: Alan, Bill, Brian
Location: 501 N. Eagle Rd and SW corner of E. Pine Ave and N. Hickory (Parcel R7724570700)
Comprehensive Plan FLUM Designation: Mixed Use Regional
Existing Use: Office / Industrial Existing Zoning: I -L and C -G
Proposed Use: Industrial Proposed Zoning:
Surrounding Uses: Office and Industrial
Street Buffer(s) and/or Land Use Buffer(s): 25' along E. Pine Avenue
Open Space/Amenities/Pathways: Future pathway shown along west periphery of Parcel R7724570700.
Access/Stub Streets/Street System:
Waterways/Topography/Flood Plain:
Sewer/Water:
History: Pine Bridge Annexation AZ -07, RZ 07-010, PP -07-008, Scentsy Commons Plat PP -12-012 and DA Inst. 111052691.
Additional Meeting Notes: _
• Parcel R7724570700 is governed by the Pinebridge Development Agreement (Inst. 108022893). The DA presently only allows
C -G uses. The warehouse use would not be allowed under the present DA.
• In 2012, Scentsy replatted much of their campus into the new Scentsy Commons Plat and Development Agreement (Case
PP -12-012 and Inst. 111052691) to contain all of the Scentsy campus into one plat and development agreement. Parcel
R7724570700 and 501 N. Eagle Rd were not included into this development agreement and are still governed by the
Pinebridge DA.
• The Scentsy Commons DA should be modified to include these properties, and should be revised to allow the warehouse use
and the oil storage addition (zoned L -I but still restricted to C -G by the Pinebridge DA).
• Staff will be sensitive to the design of the proposed structures as viewed from E. Pine Ave and N. Eagle Rd.
Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To
avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application
to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387-
\6178 at ACHD for information in regard to a TIS, conditions, impact fees and process. J
Other Agencies/Departments to Contact:
❑ Ada County Highway Dist. (ACHD)
❑
Nampa Meridian Irrigation Dist. (NMID)
❑
Public Works Department
❑ Idaho Transportation Dept. (ITD)
❑
Settler's Irrigation District (SID)
®
Building Department
❑ Republic Services
®
Police Department
❑
Parks Department
❑ Central District Health Department
®
Fire Department
❑
Other:
Application(s) Required:
®
Administrative Design Review
❑
Conditional Use Permit Modification/Transfer
❑
Rezone
❑
Alternative Compliance
®
Development Agreement Modification
❑
Short Plat
❑
Annexation
❑
Final Plat
❑
Time Extension - Council
®
Certificate of Zoning Compliance
❑
Final Plat Modification
❑
UDC Text Amendment
❑
Comprehensive Plan Amendment - Map
❑
Planned Unit Development
❑
Vacation
❑
Comprehensive Plan Amendment - Text
❑
Preliminary Plat
❑
Variance
❑
Conditional Use Permit
❑
Private Street
❑
Other
Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -6C prior to submittal of an application requiring a public
hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice
in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during
this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may
affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months.
Recording Requested By and
When Recorded Return to:
Ryan McFarland
P.O. Box 1335
Meridian, Idaho 83642
ADA COUNTY RECORDER Christopher D. Rich 2015-045691
BOISE IDAHO Pgs=2 VICTORIA BAILEY 0512812015 11:39 AM
H.O.T. 1 LLLP AMOUNT:S13.00
1111111111111111111111111111111111111111111111111
00102761201500466910020026
5J -ACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
QUITCLAIM DEED
FOR VALUE RECEIVED, H.O.T. I LLC does hereby convey, release, remise and forever quit claim unto
H.O.T. I LLLP whose current address is P.O. Box 1335 Meridian, Idaho 83680 the followin,� described
premises:
A parcel of land being a portion of the Southeast Quarter of Section 8, Township 3 North, Range 1 East of the
Boise Meridian, Meridian, Ada County, Idaho and being a portion of Lot 1 in Block 6 of Gemtone Center No,
5, according to the plat thereof, filed in Book 90 of Plats at Page(s) 10575 and 10576, Records of Ada County,
Idaho, being more particularly described as follows:
Commencing at the Northeast corner of the Southeast Quarter (East Quarter Comer) of Section 8, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho; thence
South 0102'07" West 83.97 feet along the East line of the Southeast Quarter of said Section 8 to a point;
thence
North 88157'53" West, 70.00 feet to the intersection of the South right of way of Pine Avenue and the West
right of way of Eagle Road; thence along the South right of way of Pine Avenue the following:
Thence North 45'16'30" West 28.25 feet to a point;
Thence South 89139'03" West 392.91 feet to a point;
Thence North 87° 16'31" West 209.78 feet to a point;
Thence South 89°39'03" West 1243.25 feet to a point of the East right of way of proposed Hickory Avenue
Extended, the REAL POINT OF BEGINNING of this description;
Leaving the South right of way of Pine Avenue and along the East right of way of proposed Hickory Avenue
Extended the following:
Thence South 44°51'22" West 28.39 feet to a point;
Thence South 00°03'42" West 712.37 feet to a point;
Thence South 44°25'50" East 28.53 feet to a point;
Thence South 00°03'42" West 50.01 feet to a point;
Thence North 88°55'23" West along the Easterly extension of the Northerly line of Lot 2 in Block 7 of said
Gemtone Center No. 5 and along said Northerly line of said Lot 2 in Block 7 of said Gemtone Center No_ 5,
628.26 feet to a point on the East line of Lot 1 of said Block 7 of said Gemtone Center No. 5;
Thence North 00105'17" East 97.08 feet to a point being the Southeasterly corner of said Lot I in Block 6 of
Gemtone Center No. 5;
Thence along the Southerly, Southwesterly and Westerly lines of said Lot I in Block 6 of said Gemtone Center
No. 5 North 89°55'00" West 13.46 feet to a point;
North 44°54'55" West 42.49 feet to a point on the East right of way of Machine Avenue;
North 00105'17" East 48.11 feet to a point on the East right of way of Machine Avenue;
North 89155'00" West 6.50 feet to a point on the West line of the Southeast Quarter of said Section 8, said line
also being the West tine of said Lot I in Block 6 of said Gemtone Center No. 5;
Thence North 00°05' 17" East 611.64 feet along said West line to a point on the South right of way of Pine
Avenue;
Thence North 89°39'03" East 677.82 feet along said South right of way of Pine Avenue to the REAL POINT
OF BEGINNING of this description
QUITCLAIM DEED - 1
TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever.
Date:1ZI I f )
By:
H.O.T. 1 LLC
State of Idaho )
S.S.
County of )
Othis r day of G in the year 20 (� , before me
G r kJ , personally appeared 2- Or3kU.;- , proved to me on
the gasis of satisfactory evidence to be the person(s) whose name(s) is(A) subscribed to the within _
instrument, and acknowledged that he(she)(they) executed the samey ani 45 .. �� o -Q. - L-ut
Votary Public S /rte S
My Commission Expires on j
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QUITCLAIM DEED - 2