Cornerstone Dental MDA H-2021-0009 (2021-082766) ADA COUNTY RECORDER Phil McGrane 2021-082766
BOISEIDAHO Pgs=12 NIKOLA OLSON 05/26/2021 12:27 PM
CITY OF MERIDIAN, IDAHO NO FEE
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Dr. Matthew Tuft, Owner/Developer
THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 25th day
of MAY 1 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 Dr. Matthew Tuft, ("OWNER/DEVELOPER")whose address is 3200 N. Leslie
Way, Suite 100, Meridian, ID 8364.
RECITALS
A. OWNER/DEVELOPER has submitted an application for a
Modification to the Development Agreement recorded May 23, 2003 as Instrument # 103085229
(Parkstone Subdivision DA) in Ada County Reports and an Addendum recorded March 30, 2006 in
Ada County Records as Instrument No. 106048480(Champion Park Subdivision First Addendum)to
remove the provision requiring all future uses to obtain a Conditional Use Permit. 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
Agreement and First Addendum to Development Agreement,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 First Addendum to Development
recorded as Instrument# 106048480, except as specifically amended as follows:
That Section 6.A.2 of the Development Agreement recorded May 23, 2003 as Instrument#
103085229 in Ada County Records that reads "All future commercial uses shall obtain detailed
conditional use permits prior to development. The conditional use permits will place limits of'the
ours of'operation of the commercial uses. Owner shall be allowed continued use of the land for
agricultural and livestock purposes (not to exceed 150 head of cattle) until 12.21.15 or final plat
approval of all phases" shall be deleted entirely.
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.
ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0009—Champion Park Subdivision-MDA Page 1 of 3
Item#10.
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
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-2021.0009—Champion Park Subdivision-MDA Page 2 of 3 page 215
Item#10.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this Addendum and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
r. Matthew Tuft
CITY OF MERIDIAN Attest:
Mayor Robert E. Simison 5-25-2021 Chris Johnson, City Clerk 5-25-2021
STATE OF IDAHO )
)ss.
County of Ada )
On this Z-4" day of A 1 ,n 1 ,2021,before me,the undersigned,a Notary Public in and for said
State,personally appeared Dr.Matthew Tuft known or identified to me to be the person who executed the instrument
above.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
mPublic
otary Public for I o
[: Notary
Residing at: 3339 E <rp
My commission expires: 04 1 OT 1ZCZ"-1.
STATE OF IDAHO )
ss
County of Ada )
On this 25th day of May 1202 1,before me,a Notary Public,personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me
that such City executed the same.
IN WITNESS 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: Meridian, Idaho
Commission expires: 3-22-2022
ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0009—Champion Park Subdivision-MDA Page 3 of 3 page 216
EXHIBIT A
Item#10.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW (:�VE Nty
AND DECISION& ORDER
In the Matter of the Request for a Development Agreement Modification to amend the first
addendum of the Champion Park Addition Development Agreement(Inst.#106048480)to remove
the provision requiring all future uses to obtain a Conditional Use Permit, by Jessica Petty, 12.15
Design, Applicant Representative.
Case No(s). H-2021-0009
For the City Council Hearing Date of: March 23, 2021 (Findings on April 6, 2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 23,2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 23, 2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 23, 2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 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(CORNERSTONE DENTAL MDA—FILE#H-2021-0009)
- 1 Page 217
Item#10.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 23,2021,incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 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 Development Agreement Modification is hereby approved per the
conditions of approval in the Staff Report for the hearing date of March 23, 2021, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval (UDC I 1-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again(UDC I I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two(2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval,and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 1 I-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one (1)two (2)year period. Additional time extensions up to two (2)years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CORNERSTONE DENTAL MDA—FILE#H-2021-0009)
-2-
Page 218
Item#10.
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-617).
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. 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 March 23,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CORNERSTONE DENTAL MDA—FILE#H-2021-0009)
-3- Page 219
Item#15.
By action of the City Council at its regular meeting held on the 6th day of April
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
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 4-6-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CORNERSTONE DENTAL MDA—FILE#H-2021-0009)
-4- Page 249
Item#10.
Exhibit A
STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT
HEARING 3/23/2021 Legend TJR`-15 ql
DATE:
Project Location C"C
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TO: Mayor&City Council a
R-4 E NAKANO D 3
FROAM: Joseph Dodson,Associate Planner E VAN 4' -' z o
208-884-5533 OKERST R-8 M Le
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SUBJECT: H-2021-0009 ��; ��I ;p U C-G
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Cornerstone Dental MDA -RUT-E-USTICK RD `
LOCATION: The site is located at 3250 N. Leslie R-15 R1J R-15 R1 R-2
Way, in the SW 1/4 of the SE 1/4 of R.8Lu
Section 32, Township 4N., Range IE. 53 -2 z
R-8 a s Z z
R-1 R W 3
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I. PROJECT DESCRIPTION
Development Agreement Modification to amend the first addendum of the Champion Park Addition
Development Agreement(Inst. #106048480)to remove the provision requiring all future uses to
obtain a Conditional Use Permit,by 12.15 Design.
II. SUMMARY OF REPORT
A. Applicant:
Jessica Petty, 12.15 Design-6584 E.Playwright Drive, Boise, ID 83716
B. Owner:
Dr. Matthew Tuft, Copperstone Dental-3200 N. Leslie Way, Ste. 100,Meridian, ID 83646
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
The Applicant proposes to amend the first addendum of the Champion Park Addition Development
Agreement (Inst. #106048480) to remove an existing provision of the original agreement (Inst.
#103085229) attached to the addendum as Exhibit B. The existing provision of the original
Development Agreement(DA)is still valid because it is attached to the amended one as an exhibit.The
existing provision requires that all future commercial uses obtain a Conditional Use Permit(CUP).
The subject site is the last remaining undeveloped commercial property within the Champion Park
Subdivision. The property is zoned C-N (Neighborhood Business District) and the proposed use is a
new two tenant commercial building with the main user being a dentist office. The proposed use of a
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Item#10.
Exhibit A
dental office is a principally permitted use under current development code within the C-N zoning
district.Because this is the last remaining undeveloped lot,the Applicant is choosing to amend the DA
and remove the provision instead of obtaining a CUP as it will no longer be a necessary provision with
the entire development being developed following construction of the new building.
The existing DA provision specifically points out limiting hours of operation as the reasoning for
requiring a CUP.Current development code limits the hours of operation within the C-N zoning district
to the hours of 6:OOAM to 10:00PM. Staff finds the already limited hours of operation of the zone in
conjunction with the location of the site to be sufficient for future development and provide adequate
evidence to remove the existing provision. Therefore, staff recommends the development agreement
modification with the recommended change in Exhibit A below.
The applicant has submitted a site plan that is from their Certificate of Zoning Compliance application
that is ready to be approved by Staff should Council approve this modification to the DA. The site plan
is site specific so it should not be part of the DA that encompasses the overall and much larger
development. The site plan depicts adequate parking, drive aisles widths, and landscaping to be
approved. The elevations show a standard office building seen here in Meridian with earth tone colors,
a pitched roof with dormers, stucco walls, and stone accents.
In addition to the request for the DA Modification, the Applicant is requesting a Council Waiver to
reduce the required landscape buffer along the eastern property line from 20 feet to 15 feet to match
the existing buffer along the east boundary and adjacent to the existing office building to the south.The
property to the east of the site is a multi-family development and there are approximately two structures
directly abutting the subject site. The reason for the waiver request is to accommodate a wide enough
drive aisle that allows two-way traffic and can meet the required fire access radii.Furthermore,there is
only a portion of the required buffer that is actually adjacent to the noted drive aisle that truly requires
the reduced buffer. The Applicant is showing more than the required buffer width of landscaping
beyond this area. For these reasons, Staff supports their request and does not see the change in buffer
width as becoming detrimental to the adjacent development to the east.
IV. DECISION
A. Staff:
Staff recommends approval of the modification to the DA(Inst. #106048480) as recommended by
Staff's analysis above and with the specific change below.
B. .The Meridian City Council heard these items on March 23,2021.At the public hearing,the
Council moved to approve the subject Development Agreement Modification and Council Waiver
requests.
l. Summary of the City Council public hearing:
a. In favor: Jessica Petty.Applicant Representative
b. In opposition: None
C. Commenting: Jessica Petty.
d. Written testimony:None
e. Staff presenting application: Joseph Dodson, Current Associate Planner
£ Other Staff commenting on application: Bill Nary, City Attorney
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. The ramifications of removing this DA provision:
b. Does this modification remove the requirement for any future Conditional Use Permit?—No:
future uses shall comply with the underlyingzoning oning and development code,including any
need for a conditional use permit.
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Item#10.
Exhibit A
4. City Council change(s)to Commission recommendation:
a. None
V. EXHIBITS
A. Development Agreement Provision#6.A.2 from the original DA(Inst. #103085229)attached to
the amended DA(Inst. #106048480) as"Exhibit B":
Existing:
"All future commercial uses shall obtain detailed conditional use permits prior to development.
The conditional use permits will place limits on the hours of operation of the commercial uses.
Owner shall be allowed continued use of the land for agricultural and livestock purposes(not to
exceed 150 head of cattle)until 12/21/05 or final plat approval of all phases."
Staffs Recommended Change:
Strike the condition-"All fulu e eowmer-eial uses shall obtain detailed e0fiditiefial use o,. :��
prior-to development. The eenditional use permits will plaee limits on the houfs of operation of
the eemmer-eial uses. Owner-sha4l be a4lewed eot4ii+ued use of the land for-agr-ieuUufa4 an
livestoek purposes(not to exeeed 150 head of ea#le)ufftil 12/2 1,105 or-final pla4 approval of a14
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Item#10.
Exhibit A
B. Existing DA Provisions from original DA noted as Exhibit B in addendum:
AhMY6M[QN AND ZONING CONIDTIQ?4 Q e;E'-Q-Y L
I. Ranovrmyr isti4dOmensricwcllsan.dfor *cayxWm9vrithinthispt en
�Eim thcar dunmstic seaviM Pct City OTdMame Section 5-7-517.when s viccs are
av2R'ble hom the City of Meridian. 6.6 may be usod for n-tioinestic purposes
such as landscWe irhg iliia& The Nvis horns (2740 Ustick) shall connect to City
services W hM the pbwof t ho p ropo i s ubdi vision t hat includts the house is
eubmittcd for fnW plaL
2, All fug commercial rcial usra shall obtmat de#a led coaditiaaal use Vemnits prior
DEVELOPMEW A RFIP-MEls'T(AZ-42-G33)
?AGE 4 of 23
to d el nt. T he c OB"0 nal u Se P ermits will p lace !imits,o o r he It cum o f
OPcretiott 0 f the cord ial uws. NmcT"I ba allowed con-unued use of the led
for agricu;toral aEd live exck garposes (root to exceed 1 I'} h"d of eattle) until
IV21/05 or final plat approval of all phases-
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Item#10.
Exhibit A
C. CZC Site Plan(reference only):
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