1450 W. Ustick MDA H-2021-0016 Addendum to Development Agreement (2021-085890) Item#9.
ADA COUNTY RECORDER Phil McGrane 2021-085890
BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 06/02/2021 11:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: I City of Meridian
2. Mark Bigelow, Owner/Developer
TfllS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this I St day
of June .2021;("ADDENDUM"), by and between City of Meridian,a municipal
corporation of the State of Idaho("C-ITY"), whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642 and Mark Bigelow,("OWNER/DEVELOPER")whose address is 1716 N.Stagno Bello
Place, Eagle, ID 83616.
RECITALS
A. OWNER/DEVELOPER has submitted an application for a
Modification to the Development Agreement recorded October 29, 2014 as Instrument # 2014-
088000 in Ada County Records to replace the existing concept plan with the submitted development
plan. 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,which terms have been approved by the MeridianCity 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:
l. OWNER/DEVELOPER shall be bound by the terms ofthe Development Agreement recorded
as Instrument# 2014-088000, except as specifically amended as follows:
a. N. Linder Road access is prohibited in accord with UDC I 1-3A-3. Access to
W. Ustick Road shall be restricted to right-in/right-out.
b. Future development of this site shall be generally consistent with the
conceptual development plan and building elevations shown in Exhibit V.0 of
the Staffeport attached to the Findings of Fact and Conclusions of Law as in
the attached Exhibit"A
C. The Owner/Developer shall submit an alternative compliance application "
concurrentwith the first certificate of zoning compliance application to allow
the applicant to construct a 20-foot wide street buffer along Linder and Ustick
Roads in accord with UDC 1 1-313-7C. Per the approved Council Waiver at
the public hearing,a 15-footwide landscape buffer shall be constructed along
the north and east boundary. This buffer shall include a 5-foot pathway that
connects to the Tetherow Crossing to the east, a 5-foot sidewalk in Edington
Commons and the 5-foot attached sidewalk on Linder Road and Ustick Road
AI)DEN IJM TO DEVELOPMENT AGR1 EMENT-11-2021.0016—1450 W.Ustick-"MDA Pa e 1 oF3
Page 232
Item#9.
AND landscaped with trees that touch at maturity in accord with UDC 1 1-313-
9C.
d. Owner/Developer shall extend the public road from Edington Commons
(Parcel 4S0436336054) into the subject site per ACHD policy.
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,ortheirassigns,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
request ofOwner/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 relativeto the subject matter herein,and thereare
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 oraddition 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 DEiVELOPMEN'T'AGREEMENT-E-1-2021.0016-- 1450 W.Ustich-MDA Page 2 of
Page 233
Item#9.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF.the parties have herein executed this Addendum and made
it effective as hereinabove provided.
OWNER/DEVELOPE
L
Ma Bigelow
CITY OF MERIDIAN Attest:
Mayor Robert E. Simison 6-1-2021 Chris Johnson, City Clerk 6-1-2021
STATE OF IDAHO )
)ss.
County of Ada )
On thi day of_W W� ,2021.before me,the undersigned,a Notary Public in and for said
State..personally appeared Mark Bigelow 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
r
TAMMY L JONES
COMMISSION NUM13EFI 2018-005T
(VOTARY PUBLIC
State of Idaho o blic br ho
2,0
My Commission Expires 01/12/2024 Residing at: —� —
My commission . pires:
STATE OF IDAHO )
ss
County of Ada )
On this 1 St day of June ,2021,before me,a Notary Public.personally appeared Robert E.
Simison and Chris Johnson,known or identified tome 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.
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-2 -20 2
ADDENDUM TO DEVELOPMENT AGREEMENT-fI-2021.0016—1450 W.Ustick-MDA Page 3 of 3
Page 234
Item#9.
Exhibit A
STAFF REPORT C: E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 4/27/2021 Legend 4
DATE: p 0
Project Location CCL�
TO: Mayor&City Council i_i City Limits
— Planned Parcels R-4 R-$
FROAM: Joseph Dodson,Associate Planner h; � ��
208-884-5533 Li LP
RUT
SUBJECT: H-2021-0016 R-1-5
1450 W. Ustick MDA
R1 RAT RUT C-C
LOCATION: The site is located at 1450 W. Ustick R � RUT °o °
Road,the northeast corner ofN. RI TN-R
Linder Road and W. Ustick Road, in °
_ R-8
the SW 1/4 of the SW 1/4 of Section 36, o - ®
Township 4N., Range 1W. R RUT—
I. PROJECT DESCRIPTION
Development Agreement Modification to amend the Sugarman Subdivision Development Agreement
(Inst. #2014-088000)to replace the existing concept plan with the submitted development plan,by
Mark Bigelow,MRS Landholdings.
II. SUMMARY OF REPORT
A. Applicant:
Same as Owner
B. Owner:
Mark Bigelow,MRS Landholdings— 1716 N. Stagno Bello Place,Eagle,ID 83616
C. Representative:
Same as Owner
III. STAFF ANALYSIS
The Applicant proposes to amend the Sugarman Subdivision Development Agreement (Inst. #2014-
088000) to replace the existing concept plan and amend or add new provisions consistent with a new
development plan. See Section V for Staff s recommended changes to the existing DA provisions.
History: The subject site was annexed in 2014 under AZ-14-007 and was approved for a short plat at
the same time consisting of four(4)building lots(SHP-14-00 1).The property is still shown as a singular
lot so the plat was never recorded and is no longer valid. However, the DA and annexation ordinance
were approved which means the property could develop with C-C uses consistent with the approved
concept plan.
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Item#9.
Exhibit A
Concept Plan: The concept plan in the existing DA depicts 3 buildings; a gas station, a multi-tenant
building,and a bank with a drive-through. The existing DA restricted the location of the drive-through
through the hearing process. In addition, the existing concept plan shows a connection to the north
directly in line with the Ustick Road access and shows a restricted access point to Linder Road. See
Exhibit B for the existing concept plan.
The new concept plan depicts eight (8), single-story, multi-tenant office buildings that could contain
those uses allowed in the C-C zoning district.However,the Applicant has indicated that they only allow
office uses within their developments. The site plan maintains the arterial access points shown in the
approved concept plan but proposes a new connection point to the north due to recent approvals that
were not known at the time of annexation in 2014. The proposed office complex also shows green
spaces between all of the buildings creating a commercial mew and breaks up the building pads.
Because of the proposed site plan, general location of the site, and limited accesses into the site, the
probable uses will be personal and professional services, daycare group, flex space, information
industry, retail uses, and healthcare/social services so Staff does not find it necessary to specifically
limit the uses through the DA. See Exhibit C below for the proposed development plan. More specific
review of the site plan will be done with a future CZC application.
Access: Despite the existing access points being approved with the original approvals and concept plan
in 2014, the adjacent property to the north has received plat approval and includes a public road stub
on the subject site's northern boundary that was not part of the original approvals. The submitted
concept plan shows the public road terminating on site via the commercial drive aisles requiring a
public access easement on this property.This is not consistent with ACHD policy and requires the road
to terminate in a cul-de-sac unless the applicant requests a waiver to this policy which may require
ACHD Commission action. Per ACHD staff, this waiver cannot be requested until a future CZC
application is submitted for review and approval. ACHD does not provide action or conditions of
approval on development agreement applications. If the applicant does not obtain the waiver, it does
affect the design of the proposed concept plan and would require a redesign to accommodate a cul-de-
sac. A recommended DA provision requires compliance with ACHD policy. This would allow the
applicant to move forward with executing the amended DA and submitting a CZC application for
ACHD to review and provide the necessary determination on the extension of the approved stub street
and access to Ustick Road.
Furthermore,the access to Linder shown on the submitted site plan does not meet ACHD offset policy
nor UDC 11-3A-3. This access point should be closed with the future CZC application submittal. The
need for this access is further mitigated with an access through Edington Commons to the north that
leads to a safer access to Linder Road. The closure of the Linder access on this site also furthers the
integration of this site with the residential to the north which helps the project meet the integration
desired on mixed-use properties like this.
Waiver Request: In addition to the request for the DA Modification, the Applicant is requesting a
Council Waiver to reduce the required landscape buffers along the northern and eastern property lines
from 25 feet to 15 feet. feet. The properties to the north and east of the site are approved for residential
developments which require a 25-foot buffer for the C-C zoning district, according to the UDC. The
Applicant is requesting to reduce the landscape buffers adjacent to the residential developments because
in addition to the buffers themselves,the site plan shows a drive aisle and parking spaces between the
rear-yard fences of future homes and the commercial buildings.Overall,the buildings should be at least
45 feet from the eastern property line and 60 feet from the northern property line. Within the proposed
landscape buffers to the residential developments the Applicant is proposing a micro-path throughout
both buffers that connect to the sidewalks along Linder and Ustick.These paths will also connect to the
sidewalks that will lead into Edington Commons to the north and a future pedestrian connection from
the east(Tetherow Crossing). Furthermore,the Applicant is proposing single-story buildings and with
the proposed pedestrian elements maintain the integration desired within a mixed-use designation. Staff
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Item#9.
Exhibit A
recommends the landscaping in these buffers be denser to help ensure adequate buffering—at a
minimum, the planted trees should touch at maturity. Therefore, Staff finds the reduced landscape
buffers along the northern and eastern boundaries offer an equal buffer to the code required 25-foot
width when combined with the overall site design.
The additional area of buffer that is shown as less than the required width is that area adjacent to the
arterial intersection of Linder and Ustick. The only reason for this buffer being less than the 25 feet
required is to make the site design work efficiently. Street buffer reductions require Alternative
Compliance (a director determination) to be approved and should be applied for with the first CZC
application. On a property located near a hard corner such as this it is more appropriate to place the
buildings closer to the corner itself.In addition,requiring the 25-foot buffer in this area would not gain
the City any measurable benefits. For these reasons, Staff supports the Applicant's request and does
not see the change in buffer width as becoming detrimental to the adjacent developments or to the
general welfare.
IV. DECISION
A. Staff:
Staff recommends approval of the modification to the DA (Inst. #2014-088000) as recommended
by Staff s analysis above and with the specific changes below.
B. The Meridian City Council heard these items on April 27,2021. At the public hearing.the
Council moved to approve the subject Development Agreement Modification request and the
Council Waiver request for a reduced landscape buffer along the north and east boundaries of the
site.
1. Summary of the City Council public hearin_g_:
a. In favor: Mark Bigelow.Applicant
b. In opposition:None
C. Commenting: Mark Bigelow
d. Written testimony:None
e. Staff presenting application: Joseph Dodson,Associate Planner
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. Reason why Staff did not restrict any uses on the site through the DA Mod:
b. Demand for office space following the pandemic:
c. Pedestrian access to and from development but also within the project, specifically any
pedestrian access between the buildings(Applicant confirmed only green space between
the buildings and no paved pedestrian accessesl:
d. Termination of the public road from Edington Commons and how that could function if
e. ACHD does not approve the future waiver request:
4. City_ Council change(s)to the Staff Report:
a. None
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Item#9.
Exhibit A
V. EXHIBITS
A. Development Agreement provisions from the existing DA(Inst. #2014-088000):
Existing Provisions:
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
5.1.1 Direct lot access to W.Ustick Road and N.Linder Road is prohibited except
for the access points approved with the plat in accord with UDC 11-3A-3.
Access to N.Linder Road shall be restricted to right-in/right-out and access to
W. Ustick Road shall be determined by ACHD.
5.1.2. Future development of this site shall be generally consistent with the
conceptual development plan shown on the landscape plan in Exhibit A.2,
except for the drive-thru shall be relocated(ifproposed)internally and not be
located along the east or north boundaries ofthe site adjacent to existing and
future residential properties.
5.1.3. A drive-thin establishment shall not be located along the north or east
boundaries of the site adjacent to existing and future residential uses.
Staff s Recommended Changes:
5.1.1: "N. Linder Road access is prohibited in accord with UDC 11-3A-3. Access to W.Ustick
Road shall be restricted to right-in/right-out only.
5.1.2: "Future development of this site shall be generally consistent the conceptual development
plan and building elevations shown on the l ndseape plan in Exhibit V.C_, exeept for-the drive
thpa shall be r-eloea4ed(if proposed) intemally and not be leea4ed along the east or-aet-4-h
betindafies of the site adjaeent to existing and fittofe residential pr-epel4ies."
5.1.3: "A dr-ive t1wu establishm&4 shall fiet be leeated along the aet4h or-east boundaries of the
site .,djaeent t existing and ftt�ur-e residential uses."
Add Provision: "The owner/developer shall submit an alternative compliance application
concurrent with the first certificate of zoning compliance application to allow the applicant to
construct a 20-foot wide street buffer along Linder and Ustick Roads in accord with UDC 11-3B-
7C. Per the approved Council Waiver at the public hearing,A 15-foot wide landscape buffer shall
be constructed along the north and east boundary. This buffer shall include a 5-foot pathway that
connects to the Tetherow Crossing to the east,the 5-foot sidewalk in Edington Commons and the
5-foot attached sidewalk on Linder Road and Ustick Road.AND landscaped with trees that touch
at maturity in accord with UDC 11-3B-9C."
Add provision: "Applicant shall extend the public road from Edington Commons(Parcel
#S0436336054)into the subject site per ACHD policy."
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Item#9.
Exhibit A
B. Existing DA Concept Plan:
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Page 5
Page 239
Item#9.
Exhibit A
C. Proposed Development Plan:
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Page 240
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