Scentsy Campus MDA H-2021-0002 (2021-059867) ADA COUNTY RECORDER Phil McGrane 2021-059867
BOISE IDAHO Pgs=17 CHE FOWLER 04/14/2021 01:12 PM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: I. City of Meridian
2. H.O.T. 1, LLLP, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 13th day
of April , 2021, ("ADDENDUM"), by and between City of Meridian,a municipal
corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642 and H.O.T. 1, LLLP, ("OWNER/DEVELOPER") whose address is 2701 E. Pine
Avenue, Meridian, ID 83642.
CITALS
A. OWNER/DEVELOPER has submitted an application for a
Modification to the Development Agreement recorded February 28, 2008 in Ada County
Records as Instrument No. 108022893 (Pinebridge DA) to remove the property known as
LOT 07 BLK 01 SCENTSY COMMONS SUBDIVISION to have said property be bound by
the terms of the Development Agreement recorded June 20,2011 in Ada County Records as
Instrument No. 111052691 (Scentsy MDA). The Meridian City Council approved said
application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A".
B. CITY and OWNER/DEVELOPER now desire to amend said Development
Agreements,which terms have been approved by the Meridian City Council in accordance with Idaho
Code Section 67-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement known as
Scentsy Campus, Instrument # 111052691. The Property known as LOT 07 BLK 01 SCENTSY
COMMONS SUBDIVISION shall also be bound by said Development Agreement, except as
specifically amended as follows:
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§ I 1-213-2 and per
this agreement,warehouses are allowed as a principally permitted use within the C-G
zone.
ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0002—SCENTSY CAMPUS-MDA Page 1 of 5
Item#3.
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.
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.
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.)
2. 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/Developer,or their assigns,heirs,or successor
shall not meet the conditions of this Addendum,and the Ordinances of the City of Meridian as herein
provided.
3. This Addendum shall be binding upon and insure to the benefit of the parties'respective heirs,
successors, assigns and personal representatives, including City's corporate authorities and their
successors in office. This Addendum shall be binding on the Owner/Developer of the Property,each
subsequent owner and any other person(s)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 hereon and any successor owner or owners shall be both
benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written
ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0002—SCENTSY CA mrus-MDA Page 2 of 5
Page 33
Item#3.
request of Owner/Developer,to execute appropriate and recordable evidence of termination of this
Addendum if City,in its sole and reasonable discretion,had determined that Owner/Developer have
fully performed its obligations under this Addendum.
4. If any provision of this Addendum is held not valid by a court of competent jurisdiction,such
provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not
affect any of the other provisions contained herein.
5. This Addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner/Developer and City relative to the subject matter herein,and there are
no promises, agreements, conditions or under-standing, either oral or written, express or implied,
between Owner/Developer and City, other than as are stated herein. Except as herein otherwise
provided,no subsequent alteration,amendment,change or addition to this Addendum 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.
a. Except as herein provided, no condition governing the uses and/or conditions
governing development of the subject Property herein provided for can be
modified or amended within the approval of the City Council after the City has
conducted public hearing(s)in accordance with the notice provisions provided for
a zoning designation and/or amendment in force at the time of the proposed
amendment.
6. This Addendum shall be effective as of the date herein above written.
7. Except as amended by the Addendums,all terms of the previous Agreements shall remain in
full force and effect.
ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0002—SCENTsv CAMPUS-MDA Page 3 of 5
Page 34
Item#3.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this Addendum and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
H.O.T. 1,LLLP
By:
CITY OF MERIDIAN Attest:
Mayor Robert E. Simison 4-13-2021 Chris Johnson, City Clerk 4-13-2021
By Adrienne Weatherly,Deputy Clerk
ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0002—SCENTSY CAMPUS-MDA Page 4 of 5
Page 35
Item#3.
STATE OF IDAHO )
)ss.
County of Ada )
On this,2019 day of r O K A ,2021,before me,the undersigned,a Notary
Public in and for said State, personally a peared-4, Or y i I le -Thom P known or
identified to me to be the r of H.O.T. 1,LLLP,the person who executed the
instrument on behalf of said Idaho partnership.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
k JAYME DANZ
NOTARY PUBLIC-STATE Of IDAHO N tary ublic for Idaho
COMMISSION NUMBER 58229
MY COMMISSION EXPIRES 7-26.2023 R siding atj-UngDa . d
My commission expires: cq(i kAtt4 ,9w3
STATE OF IDAHO )
ss
County of Ada )
On this 13th day of April , 2021, before me, a Notary Public,personally
appeared Robert E. Simison and adrienne Weatherf"own or identified to me to be the Mayor and
Deputy Cielespectively,of the City of Meridian,who executed the instrument or the person that executed
the instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0002—SCENTSY CAMPUS-MDA Page 5 of 5
Page 36
item#3. EXHIBIT A
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAl`T�'
AND DECISION&ORDER
In the Matter of the Request for Modification to Existing Development Agreement (Inst.
#111052691) to include subject parcel into the Scentsy Campus Development Agreement,
expand the allowed uses of the development agreement to include light industrial uses, and
update approved concept site plan and elevations, by Sam Johnson, Hotl LLP.
Case No(s). H-2021-0002
For the City Council Hearing Date of: February 23,2021 (Findings on March 9,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 23,2021, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of February 23,2021, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 23,
2021,incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 23,2021 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SCENTSY CAMPUS-MDA—H-2021-0002 Page 37
Item#3.
7. That this approval is subject to the terms all in the attached Staff Report for the hearing date of
February 23,2021, incorporated by reference. The terms are concluded to be reasonable and the
applicant shall meet such requirements.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a modification to include the subject parcel into existing
Development Agreement(Inst. #111052691), expand the allowed uses of the development
agreement to include warehouse uses, and update approved concept site plan and elevations is
hereby approved per the provisions in the Staff Report for the hearing date of February 23,
2021, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight(28)days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67,Idaho Code.
F. Attached: Staff Report for the hearing date of February 23,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SCENTSY CAMPUS-MDA—H-2021-0002 Page 38
Item#11.
By action of the City Council at its regular meeting held on the 9th day of March
2021
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 3-9-2021
Attest:
Chris Johnson 3-9-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 3-9-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SCENTSY CAMPUS-MDA—H-2021-0002 Page 194
EXH I BIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT 3 H
HEARING 2/23/2021 legend
DATE:
lei Project Lcnaffo s
TO: Mayor&City Council _
FROM: Alan Tiefenbach,Associate Planner
208-489-0573
SUBJECT: MDA H-2021-0002 5
Scentsy Campus-MDA Z
LOCATION: The site is located at 2499 E. Pine Ave,at
the southwest corner of E.Pine Ave. and
N. Hickory Ave., in the SE 1/4 of Section ;
Er
8, Township 3N,Range IE. _ 5
I. PROJECT DESCRIPTION ^'
Modification to existing Development Agreement(Inst. #111052691)to include subject parcel into
the Scentsy Campus Development Agreement, expand the allowed uses of the development
agreement to include light industrial uses, and update approved concept site plan and elevations.
II. SUMMARY OF REPORT
A. Applicant/Representative:
Sam Johnson—2701 E. Pine Ave,Meridian, ID 83642
B. Owner:
Sam Johnson,Hotl LLP, 2701 E.Pine Ave,Meridian,ID 83642
III. STAFF ANALYSIS
History
In 2007, 94.69 acres of land was annexed into the City, combined with an additional 75.67 acres of
land and rezoned to General Retail and Service Commercial (C-G). All 170.36 acres was then platted
into 61 lots as the Pinebridge Subdivision(AZ 07-006,RZ 07-010,PP 07-008).This included the 11.74-
acre subject property. A development agreement (Pinebridge DA Instr.108022893) was recorded as
part of the annexation.
In 2010, a development agreement modification was approved for 35 +/- acres of the Pinebridge
Subdivision (Scentsy Campus MDA 10-010, Instr.111052691). This was requested on behalf of
Scentsy to develop a distribution center and corporate campus. The DA included modifications to the
allowed uses, a conceptual site plan and elevations. The distribution center and office tower have been
subsequently built out in 2010 and 2011 (CZC 10-078 and CZC 11-051).
Page 1
Page 40
EXH I BIT A
In 2012, the applicant purchased the 11.75-acre subject property and included it into a new plat of 7
commercial lots specifically for Scensty,the Scentsy Commons Plat.Because the subject property was
purchased and replatted into this subdivision after the Scentsy Campus development agreement
modification, it is still part of the Pinebridge Development Agreement.
In November of 2020,the applicant requested a pre-application meeting to discuss the construction of
an approximately 211,000 sq. ft. warehouse building on the subject property. Because the property is
zoned C-G under the Pinebridge DA, warehouse uses are not allowed as a principally-permitted use.
Staff recommended the applicant modify the existing Scentsy Campus DA to include the subject
property and expand the allowed uses to include light industrial uses in this location. The DA
modification also proposes a new concept plan which includes the two existing buildings that were
constructed in 2011 and 2012 as well as reflects the location of two future buildings. Elevations
illustrating conceptual building architecture have also been submitted to replace existing elevations.
Staff Analysis of Proposal to Modify Development Agreement
a. Use
All of the properties within the Scentsy Campus Development Agreement are zoned General
Retail and Service Commercial District(C-G). The applicant proposes to add"light industrial
use"as a principally permitted use to the development agreement.
The purpose of this modification is to allow warehouse uses as a principally-permitted use for
the onsite storage of raw materials and finished goods, whereas it is only allowed as an
accessory use in C-G. The warehouse and office use intended in the new building would be
integral to and complementary of the distribution center and office towers that have already
been constructed,as well as the warehouse uses to the south on the other side of E.Commercial
Street. As the property is a manufacturing and distribution center, within an intensely
commercial area surrounded by I-L uses on three sides,and more than 500 feet from the nearest
residential zoning (R-40), staff finds this is an appropriate use. However, staff believes
additional clarification is necessary as the proposed DA amendment allows "light industrial."
Light industrial"is not just specifically warehouse uses.Allowing everything permitted in light
industrial would allow additional uses such as public utilities, indoor and outside storage
facilities, freight and truck terminals,vehicle impound and repair, and indoor shooting ranges.
Staff recommends revising 4.1 (uses allowed) to read "warehouse uses" rather than light
industrial.
b. Concept Plan
The existing DA references a concept plan that was submitted in 2010. The Scentsy Campus
as it has subsequently built out substantially conforms to the site plan,except the subject parcel
being included into this present DA modification was not included, and what was shown as a
future pad site at the northeast corner of the properties has been developed as open space. The
applicant has already submitted a certificate of zoning compliance (CZC) for the future
warehouse pending approval of this DA modification,and the existing development,proposed
CZC and updated site plan are consistent. Staff supports this amendment.
c. Elevations
The existing DA references black and white elevations that were submitted in 2010. The
existing distribution center and office tower substantially conform to the elevations. The
updated color elevations as submitted reflect the architecture of the existing development and
the proposed warehouse, although staff did make some minor comments during preliminary
review of the CZC regarding rooflines, additional architectural features and modulation. Staff
Page 2
Page 41
'temp. EXH I BIT A
believes the revised elevations as submitted would reflect the general architectural character of
the existing Scentsy Campus.
IV. DECISION
A. Staff:
Staff recommends the City Council approve the following amendment to Development
Agreement#111052691 with the revision recommended by staff as shown on Exhibit A dated
1/11/21.
B. The Meridian City Council heard these items on February 23, 2021.At the public hearing.the
Council moved to approve the subject development agreement modification request.
1. Summary of the City Council public hearin_e_:
a. In favor: Sam Johnson
b. In opposition:None
C. Commenting:None
d. Written testimony:None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony_ :
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
a. None
Page 3
Page 42
EXH I BIT A
V. EXHIBITS
A. Proposed Revisions to Development Agreement(date 1/11/21:)
DEVEL0F3 fE.NI AGREENEE--%T
PARTIES: 1. Ciry cif Meridian
H.G.T. 1,LLCLjLP, CNvaevDeveloper
THIS DEVaOPM 'T AGREEL= (this Agreement), i-s made and entered into
this day of 42Q21_ bar and between Cih,ofNfer-idian; a municipal
corporation of the State of Idaho, hereafter -called CITE_ and H_O.T. 1. LL �P. whose
address h 499 i 6109r ,?01 E. Pine Ave, Meridian, ID 836426, hereinafter called
OWNTMDF TELGPER.
1. RECIFI_US-
1.1 WHERE.-iS, Owner is the sole owner, in law and or equity- of certain
tract of land in the Gum of Ada. Sate of Idaho. described in Exhibit
``A'_which is attached hereto and by this reference incorporated herein as
if set forth in full, herein affer referred to as the Property: -and
1.2 WHERE_-iS. I.C. § 6-0-6511 A.Idaho,Code.provides that cities may.by
ordinance. require or permit as a oondition of re-zoning that the Owner,,
DeveLper make a written commitment concerning the use or
development of the sul gect Property and
1. �YIIERE AS.Devek,er has submitted au application fora Modification
of the De elopnient Agreement dated 2-2E-08_ instrumentT 108022893
(Piuehridae DA i and Modification of the Development A--reenaeut dated
6-0-11. iustriaent# 111052691 {HOT1 DA?. and
1.4 WHEREAS, mer-Developer made representations at the p bhc
hearing before the MeridianCity C'ouneil. as to hor�'the sllk�lect Prcl:°ert
will be developed and what improvements will be node, azd
5 ' EEC. C-Ety -Ead Gee e-eel&per- entefed inte tii9t ;i
pews opie44 4,=-;_eenieK4 41R� L49 LIPPr@*ej i!R rai4 �
WHEREAS. City-and.0-t� ►erfDevekper now desire to remove a portion
of land referred to as E�-bit `K" from the okinal Development
Agreement.. and add said lard to the HOT 1 Devel o ent A
'hich
MMOPMENr AUF 7—SCEC+Tf.TY49MA44N� PALGE i OF 9
Page 4
Page 43
Item#3.
ternu_s have be m approved by the Meridian City Ca moil in acc ord,-mce
with Idaho Code. Section 67-6511.
1.7 WHEREAS, record of the proceedings for the requested development
ayeement modification for the subject Property held the City Council.,
include responses of yovernment subdivisions grog services within
the Cite of Meridian planniu uris�d.ictim and received fiirt�aer testimony
and comnwnt; and
1.8 11-iMRE--kS_ City Council, the day of-Aa;k—* '�1�. has approved
Findines of Fact and C-onclusions of Law and De%[ lion ,and Order_ set
forth in Emit E. which are attached hereto -and by this reference
incorporated herein as if set forth in fi>).l. hereimfler referred to as (the
Findings)- and
1.9 WiNREAS,the Findings ofFact and Conclusions of Law and Decision
and Order reguires the Owner.-Developer to enter into a developmen-t
agreement to reflect the change of oamership in the subjeaproper -; and
1.10 OW-NERMIEV.EEO.PER deems it to be.in its hest interest to be able to
enter into this oreement and acl;nowiedges that this Agreement was
entered into voluntarily and at its urEMg:and requests, and
1.11 WHEREAS, Cite requires the ter.-Developer to enter into a
development agreement for the propose of ena= that the Pa-Dperty is
developed and the subsequent use of the Property, i,, in aecordance with
the terns and conditions of this de-.-elopm7en.t ageement, herein being
established in accordance'With the amended Comprehensive Plan of the
City of Meridian adopted August 6_ 20U21.ResolutionNoi .02-382,and the
Zoning and Development Ordmance� codified. in Mendiau Unified
Development Code_Title 11.
NOW,THEREFORE.in consideration of the covenants,and conditions Set forth
berem' the parties agree as follows:
?. LAC ORFOR-kTION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
3. DEFI TrIONN S: For all purposes:of this Ag eement the fbEoWM9 words,terms.
and phrases herein conta ed in this section shall be defined and interpreted as herein prop ided
for,unless the clear context of the presentation of the same regtuaes oth,ermrise:
3.1 C11E : mean_s mud refers to the C'it-V of Meridian_ a part, to this
Agreement, which is a muncipal. Corporation and zo-i ean:ment
subdivision of the state of Idaho_organized and existim by Uwe of iall,
DEVELOP �-T AGREEMENT-SCECvTTS'i4-ADA4"44) PAGE 2 OF R
rage
Page 44
Item#3.
of the Stag of Idaho; whose address is 33 East Broadway Aveme.
Staff recommends Meridian- Idaho 23 3_
this be revised to
read""warehouse 3.2 011NEWDEVELOEER: mream and refers to H.O.T. L LL.LP .
uses are allowed as7I E. Piue , ,���._ 41e3idsa $3 ?_-422
a principally the parr. that is developmi g s.sid Property and shall include any
permitted use subsequent developer(s) of the Property,.
within the C-G
zone." 3.3 PROPERTY: m,eam and refen to that certain parcel(s) of Property
located in the Gmit ty of Ada. City of Meridian as described in Exhibit A
describing the parcels to be zoned C-G(General Commercial District)
attached hereto andb y this reference incorporated herein as if set forth at
length_
E-SE S PERMITTED BY THIS _GREENIEN T:
4.1 The uses allowed purstiant to thas Agreement are only those!uses allowed
under Citv's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2B-) and`. per Geis agreement_ light-industrial
--ise i= allo-5ved as a princi-pally.•permitted use Within the E-fir zone.
4. ?ti o change in the uses specified in this Agreemaent shall be allowed
without modification of this Azreement.
5. CONDITIONS GOVERINPiC. DEVEILOPIIIEN7 GE SUBJECT
PROPERTY:
5.1. Ownse Developer shall develop the Property in accordance with the
fol101ving special conditions,
I. Dev.elopment of the property shall substantially-canopy with the conceptual
site plan and elevation submitted ILurth the subject application and. the
concepts outlined belDw.
3. The fallowing concepts shall be employed in the development of the
propeM-:
a. General massive of buildings, roundRbnuts and land:ciape islands in
streets shall be �onstructed as generally shown on the conceptual site
Plan FiEPREeA� T_'t. 1iw.. -1- - .
b. Pedestrian connections shall be constructed between buildings in the
form of pathwales disdagLushed from vehicular driving surfaces througt
the use of pavers, colored or scored concrete, or bricks;
c. Common areas-%ith site amenities(i.e.,p.ia.zas awtyards,water features_
picnic areas, flower gardens, public an, etc.) are encouraged to- be
included within the development_
LS=MdEN I AGitF 'T-SC h�'�1 Ci PAGE;CIF P
Page 6
Page 45
Item#3. F V H I I7 I T A
d. Exterior building ivalls should demonsrate the appearance of high-
quality materials of stone, brick, w&Dd, or other native materials
(acceptable niateritals include tinted of teNtured masonry block_textured
or painted architecttual concrete panels_or stucco or stucco hke s)mthetic
materials- Smooth faced concrete block_ tilt irp concrete parrs- or
prefabricated steelpanels afire acceptable with the addition of paint m&or
hi&h-( lity accent materials.
e_ The building design shall incorporate at least ? dungges in one or a
combination of the following: color- texture and materials;
fi R.uof7ines shall demonstrate ? or =e of the following= o TThan�ag
eaves.sloped roofs,two or more roof planes;varyingpasapet heights.and
cormces,
g- The primary building mtrauces shai. be cleafly defined by- the
architectural degp of the building.
h- Buildings mbh be constructed in the order they are ge erallylisted on the
conceptual site plan(A,B,C,etc_)
i. xeifig—ii is a&&G@@FgOff ;A IW;; 4 Li;W;@444$$gia4z josipwwi4�la$
g
6_ C`0-I"LLkN CE PERIOD I CDIN-SENTY TO REZ4 NNE_This Aaeeniew and the
commitments contained herein shall be terminated-and the zoning designation eversed,upm an
uncured nuitmal default of the 0-%uer0eveloper or er,`Dneloper-s ikeirs_ successors,
assigns, to comply with Section 5 entitled -'Conditions Governing Deve:lopnumt of Sutlect
Property of this agreement witbm h o yem of the date this Agreement is effective, and after
the City his complied wgth the notice and hearing pmceduures as outlined in Idabo Cade§ 67-
.6509,or any subsequent amendments or recodifieations thereof.
7. DIF ULT(CON 5EN T TO DI=-LN-N-EX iTIO -A-N-D REVERSAL OF
Z N-PiG RESIGNATION:
7.1 Acts of Default. Eitherpam-'s failure to faithfull eomplywith all of the
tenses and condmons included in this Agreement shall constitute default
under this Agreement.
7-2 Notice and Core Period. In the event of hmera°Develcper's default of
this Agreement. mer.-Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action to
correct the breach and care the default-which action must be prosecuted
with diligence and completed )mthin one hundred eighty (180) days;
provided. hot.,ever_ that in the case of any sLxh default that cannot%%-tb
diligence be cured within smh one hundred eighty�I SQ)dad'period,then
the time allowed to cure such failure may be extended for such period.as
DhE 4 ELOPNMgT AGREEMENT—SCEKTSY 4--0) PAGE.#OF P
Page 7
Page 46
�i
B. Proposed ' •.
de'si
a -
C.
z+i-mid
Proposed Elevations
i
s
Page•-
item#3. E X H I BIT A
All
+ P �
i
Page 9
Page 48