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Settler's Square MDA H-2021-0072 (2022-008733) ADA COUNTY RECORDER Phil McGrane 2022-008733 BOISE IDAHO Pgs=23 BONNIE OBERBILLIG 01/26/2022 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Ustick,LLC,Owner/Developer 3. Alturus Ustick,LLC,Owner/Developer TFUS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 25th day of January -,1 20 22,by and between City of Meridian,a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Brighton Ustick,LLC, whose address is 2929 W.Navigator Drive,Suite 400,Meridian, ID 83 642 and Alturus Ustick,LLC,whose address is 5 00 E.Shore Drive,#120,Eagle,Idaho 83 616 hereinafter called OVINER/DEVELOPER. i. RECITALS: 1.1 WHEREAS,Owners are the sole owners,in law and/or equity,of certain tract of land in the County of Ada,State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property;and 1.2 WHEREAS,Idaho Code § 67-651 IA provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitmetc a e use or development of the subject Property;and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 ofthe Unified Development Code( UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land;and 1.4 WHEREAS,Owner/Developer has submitted an application for a modification of an existing Development Agreement (Instrument # 2016-097989) for the purpose of incorporating a new concept plan consisting of commercial and residential uses on the property as shown in Exhibit "A7' under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and DEVELOPMENT AGREEMENT—SETTLERs SQuARE(H-2021-0072) PAGE 1 OF 8 Item#5. 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council,includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction,and includes further testimony and comment; and 1.7 WHEREAS, on the 21t" day of December, 2021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"D'; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat;and 1.9 WHEREAS,Owner/Developer deem 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 request; and 1.10 WHEREAS,The Property contained in Exhibit"A"shall no longer be subject to the terms of the existing Development Agreement(Inst.#2016-097989)or any prior development agreement and shall be bound only by the terms contained in this Agreement. 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 Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19,2019,Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of DEVELOPMENT AGREEMENT—SETTLERS SQUARE(H-2021-0072) PAGE 2 OF 8 Page 152 Item#5. Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian,Idaho 83642. 3.2 OMWER/DEVELOPER: means and refers to Brighton Ustick,LLC,whose address is 2929 W. Navigator Drive, Suite 400, Meridian, ID 83642 and Alturus Ustick,LLC,whose address is 500 E. Shore Drive,#120,Eagle,ID 83616 hereinafter called OWNER/DEVELOPER, the party that owns and is developing said Property and.shall include any subsequent owner(s) and/or developer(s)of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit"A"describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development of the subject site shall be substantially consistent with the conceptual development plan, conceptual rendering, conceptual elevations, and provisions contained herein. b. Direct lot access to W. Ustick Road is prohibited, as shown on the submitted conceptual development plans. c. A cross-access easement shall be granted to the property abutting the southwest property boundary(Parcel#SO436346613).A copy of the recorded easement shall be submitted to the Planning Division prior to issuance of Certificate of Occupancy for the western commercial pad site OR when parcel SO436346613 develops, whichever occurs first. d. An additional north-south pedestrian connection to the proposed east-west drive aisle shall be added in the west half of the residential site with the future conditional use permit application for added pedestrian connectivity. e. Future development shall comply with the design standards listed in the Architectural Standards Manual;future commercial structures shall incorporate similar architectural themes and elements as the residential portion of the project for consistency. f. A conditional use permit is required to be submitted and approved by the Planning and DEVELOPMENT AGREEMENT—SETTLER$SQUARE(H-2021-0072) PAGE 3 OF 8 Page 153 Item#5. Zoning Commission for the proposed multi-family development in the C-C zoning district as set forth in UDC Table 11-2B-2.The proposed use is subject to the specific use standards listed in UDC 11-4-3-27 Multi-Family Development. g. A maximum of 57 multi-family units and a minimum of two commercial buildings shall be constructed on the subject site per the submitted concept plans. h. A Certificate of Zoning Compliance and administrative Design Review applications shall be reviewed and approved by the Planning Division prior to submittal of any building permit application(s). i. The Applicant shall be allowed to obtain no more than two(2)buildings permits for the commercial portion of the site prior to any subdivision of the property. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void, 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 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 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 from City as described in Section 7.2, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-651IA,have the right,but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property,including water service and/or sewer service.Further,City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. DEVELOPMENT AGREEMENT—SETTLERS SQUARE(H-2021-0072) PAGE 4 OF 8 Page 154 Item#5. 7.4 Choice of Law and Venue.This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County,Idaho. 7.5 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. 7.6 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 this Agreement, including all of the Exhibits,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. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City,or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. DEVELOPMENT AGREEMENT-SETTLERS SQUARE(H-2021-0072) PAGE 5 OF 8 Page 155 Item#5. 14. 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: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E.Broadway Ave. 33 E.Broadway Avenue Meridian,Idaho 83642 Meridian,Idaho 83642 OWNER/DEVELOPER: OWNER/DEVELOPER: Brighton Ustick,LLC Alturus Ustick,LLC 2929 W.Navigator Drive, Suite 400 500 E. Shore Drive,#120 Meridian,ID 83642 Eagle,ID 83616 14.1 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. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may 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. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the 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/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/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 have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT—SETTLERS SQUARE(H-2021-0072) PAGE 6 OF 8 Page 156 Item#5. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or flaking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/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/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No 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. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER: OWNER/DEVELOPER: Brighton Ustick,LLC,an Idaho Alturus Ustick,LLC,an Idaho Limited Liability Company Limited Liability Company By: ZvIo 'r L, �h y 't i f f l /U AV146 ci— By: Travis Ba y,Manager CITY OF MERIDIAN ATTEST: DEVELOPMENT AGREEMENT—SETTLERS SQUARE(H-2021-0072) PAGE 7 OF 8 Page 157 Item#5. By: Mayor Robert E. Simison Chris Johnson, City Clerk STATE OF IDAHO ) ss: County of Ada ) On this�day of AM ,20V-,before me,the undersigned,a Notary Public in and for said State, personally appeared L.• I It pS T known or identified to me to be the KAA er— of Brighton Ustick,LLC.and the person who signed above and acknowledged to me that he executed the same n behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year in this certificate first above written. AMANDA Mt;MIRY COMMISSION#29628 N t ry Public for,/O NOTARY PUBLIC Re iding at:_ STATE OF IDAHO My Commission Expires:�J"1 2.3 4 W COMMISSION EXPIRES NA/1���331 STATE OF IDAHO ) ss: County of Ada On this(D day of� A ' ,204' before me,the undersigned,a Notary Public in and for said State, personally appeared known or identified to me to be the ft&AQ, Gt/ of Alturus Ustick,LLC,and the person who st tned above and acknowledged to me that he executed the samV on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,'01119118#00 , Notary Public for 0 �yOTA.y►`' Residing at: fd4 04A D My Commission Expires: _f,Z Ot ge- STATE OF IDAHO ) �A0'•1 �zzq .....�OP.�'�. ss �1� �4F �unsr��•� County of Ada ) On this 25th day of January 20 22,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. 1N 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 DEVELOPMENT AGREEMENT—SETTLERS SQUARE(H-2021-0072) PAGE 8 OF 8 Page 158 ttem#5. EXHIBIT A D. Legal Description for Property Subject to Development Agreement Legal Description: Parcel L The South 660 feet of the East one-half of the East one-half of the Southwest quarter of Section 36,Township 4 North,Range 1 West, Boise Meridian,Ada County,Idaho. Except the East 29 feet. Further Except: A parcel of land located in the East half of the East half of the Southwest quarter of Section 36,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho,more particularly described as follows: Beginning at an iron pin marking the Southwest corner of Section 36,Township 4 North,Range 1 West,Boise Meridian;thence,along the South section line of said Section 36,also being the center line of Ustick Road South 88°44'00"East2662,19 feet to an iron pin marking the South quarter corner of said Section 36;thence,leaving said South section line,and along the North-South center quarter section line of said Section 36 North 0°26'40"East 25.00 feet to a point on the North right-of-way line of said Ustick Road,also being the Real Point of Beginning;thence, leaving said North right-of-way line,and continuing along said North-South center quarter section line North 0°26'40"East 639.49 feet to a point;thence,leaving said North-South center quarter section line North 88°50'42"West 84.71 feet to an iron pin;thence South 1°31'09"West 639.26 feet to an iron pin on the said North right-of-way line;thence along said North right-of-way line South 88'44'00"East 96.71 feet to the Read Point of Beginning. Further Excepting: A parcel of land disclosed in Warranty Deed to Ada County Highway District recorded April 9,2010 as Instrument No.110032208,records of Ada County,Idaho. Parcel II: A parcel of land located in the East half of the East half of the Southwest quarter of Section 36,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho,more particularly described as follows: Beginning at an iron pin marking the Southwest corner of Section 36,Township 4 North,Range 1 West,Boise Meridian;thence along the South section fine of said Section 36,also being the center line of Ustick Road South 88°44'00"East,2662.19 feet to an iron pin marking the South quarter comer of said Section 36;thence leaving said South section line,and along the North-South center quarter section line of said Section 36 North 0°26'40"East,25.00 feet to a point on the North right-of-way line of said Ustick Road,also being the Real Point of Beginning;thence leaving said North right-of-way line,and continuing along said North-South center quarter section line North 0°26'40"East,639.49 feet to a point;thence leaving said North-South center quarter section line North 88"50'42"West,84.71 feet to an iron pin;thence South 1°31'09"West,639.26 feet to an iron pin on the said North right-of-way line;thence along said North right-of-way line South 88°44'00"East,96.71 feet to the Real Point of Beginning. Except: A parcel of land disclosed in Warranty Deed to Ada County Highway District recorded April 9,2010 as Instrument No.110032208,records of Ada County,Idaho. Page 9 Page 159 ►tem#5. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC f[E bN,-AND DECISION& ORDER In the Matter of the Request for Modification to the existing Development Agreement(Inst.#2016- 097989)for the purpose of replacing the previous agreement with a new one to incorporate a new concept plan consisting of commercial and residential uses.,by Brighton Development,Inc. Case No(s).H-2021-0072 For the City Council Hearing Date of: December 7,2021 (Findings on December 21,2021) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 7,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 7,2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 7, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 7, 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(Settlers Square MDA—FILE#H-2021-0072) - I - Page 160 Item#5. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 7, 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 § 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 Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 7,2021, 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 11-613-7A). 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 11-613-713). 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 11- 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 11-5B-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(Settlers Square MDA—FILE#H-2021-0072) -2- Page 161 Item#5. 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 December 7, 2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Settlers Square MDA—FILE#H-2021-0072) -3- Page 162 By action of the City Council at its regular meeting held on the 21 st day of December 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 Simison 12-21-2021 Attest: Chris Johnson 12-21-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 12-21-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Settlers Square MDA—FILE#H-2021-0072) -4- item#e. EXHIBIT A E COMMUNITY N --- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 1��O�T 12/7/2021 Legend DATE: ® (� LaTO: Mayor&City Council Project Location J LI FROAM: Joseph Dodson,Associate Planner - ` TRIIT R_g_ 208-884-5533 RUT = R-15 SUBJECT: H-2021-0072 R - C-N L-Q R1 C-C RUT R_UT Settlers Square MDA RUTS E R1 �u TN-R LOCATION: The site is located on the northwest - RUT R R 15 corner of W. Ustick Road and N. R-8 Venable Avenue, adjacent to the mid- 7TL- _RUT RUT _ 81111111111111 - L - mile mark between Linder Road and Meridian Road, in the SE 1/4 of the SW 1/4 �'�rR-4f of Section 36,Township 4N.,Range 1 W. R_8 -,� RUT M TamCSii f L-©I a'7"!titi m— :01 I. PROJECT DESCRIPTION Modification to the existing Development Agreement(Inst. #2016-097989) for the purpose of replacing the previous agreement with a new one to incorporate a new concept plan consisting of commercial and residential uses. NOTE: The Applicant has submitted revised concept plans and narrative leading to Staff changing its recommendation for denial to approval based on the changes to the proposed concept plan.Analysis has been updated in a strike-through and underline format below. II. SUMMARY OF REPORT A. Applicant: Joshua Beach,Brighton Development,Inc.—2929 W.Navigator Drive, Suite 400,Meridian,ID 83642 B. Owner: Brighton Development, Inc.— 11650 S. State Street,Draper, UT 84020 C. Representative: Same as Applicant III. STAFF ANALYSIS The existing Development Agreement (DA) for the subject property requires the entire site to be developed with commercial and office uses and incorporates two private roads through the development; one north-south road and one east-west. In 2016, Council approved a DA Modification for this site to change the internal roads from public roads to private streets. There are existing DA Page 1 Page 164 item#5. EXHIBIT A provisions regarding the desired placement of buildings along Ustick and the desired integration of pedestrian facilities throughout the site for safe pedestrian circulation that Staff finds imperative to keep within the DA to assist in compliance with mixed-use policies and the desired site design. The Applicant proposes to replace the existing DA with a new one for the purpose of incorporating a new conceptual development plan. A multi-family development is proposed to develop on the north half of the site consisting of approximately 60 apartment units,according to the submitted concept plan. Per the submitted plan and conceptual elevations,the apartment units are proposed as townhome style units in the form of two-story 3-plexes and 4-plexes with eaeh most units having a front-loaded garage and parking pad;the revised concept plan shows the central units as alley-loaded with some of the units now fronting on the east-west street between the proposed residential area and the commercial area shown to remain. In addition, the stibmitted eaneeptidal development plan depiets the east west st shown on the existing concept plan as remaining but appears to be a publie road this east west road connects to Venable on the east boundary as the .oint for-the site and also provides future In addition,this east-west street is also shown as remaining from the conceptual plan in the existing DA but is now shown as a drive aisle instead of a public street. Staff supports this change to o the plan because it offers the Applicant the opportunity to provide bulb-outs for dedicated on-street parking and street trees to provide an urban canopy as proposed on the revised concept plan. The revised concept plan also shows additional pedestrian facilities within the residential portion of the site, detached sidewalks along the east-west drive aisle, and a shared plaza. The additional pedestrian facilities and the overall revisions to the site plan add more pedestrian connectivity between the proposed commercial and residential uses and offers safer circulation for pedestrians movingthroughout hroughout the site. Staff can better support the revised concept plan with the revisions shown. Furthermore, Inaddition, the public street stubbed to the north property boundary is shown as terminating within the site as part of the multi-family drive aisles instead of continuing through the site and connecting to Ustick Road. w-hi.h eeneems Staff (f,fthe analysis is below"` Therefore, no connection to Ustick is proposed either via public street or commercial drive aisle with the new conceptual development plan. FuAhefmer-e, a In addition, this Applicant has agreed to provide cross- access to the remainingcounty oun zoned parcel at the very southwest corner property boundary of this site for future pedestrian and vehicular connectivity.This connection to Ustick would align with an existing access on the south side of Ustick and provide both projects an access point to Ustick—Staff finds it important to have this cross-access connection because of the opportunity to provide easier access to the future commercial uses on this subject site and help disperse traffic from both projects onto Ustick by having a second connection to Ustick beyond that of only Venable. As noted above, Staff can better support this revised concept plan and has proposed recommended DA provisions in line with the revised concept plan and need for cross-access to the west. A rezone application has not been submitted so the proposed multi-family use in the existing C-C zoning district will require conditional use permit (CUP) approval. Staff would analyze specific development criteria and specific use standards at the time of the CUP submittal. Off-street parking would be required per the standards listed in UDC Table 11-3C-6 for multi-family developments. Qualified open space would also be required, per the standards listed in UDC 11-4-3- 27C. Compliance with the specific use standards listed in UDC 11-4-3-27 for multi-family developments is required and would be reviewed with the CUP application. Adjustments may be necessary to the concept plan to comply with these standards and any ACHD required revisions. The subject site is part of a Mixed-Use Community(MU-C)future land use area—this designation calls for a mix of residential and commercial land uses that are thoughtfully integrated. One of the reasons the Applicant has stated for requesting this DA Modification is the subject site has sat vacant in its current configuration and entitlements for over a decade. The Applicant's revised narrative sheds Page 2 Page 165 ►tem#e. EXHIBIT A additional light on the history of this parcel, the intention of the future land use designation, and the Applicant's justification to modify the concept plan to include multi-family residential and reduce the commercial area at this mid-mile location.Within this MU-C area,detached single-family,apartments, office/retail,and Civic uses are existing and planned(future land use designations are not parcel specific so an area of the baseball fields in Settlers Park are within this MU-C area). There is existing multi- family directly south of the subject site on the south side of Ustick; additional multi-family is approved at the southeast corner of the Venable and Ustick intersection. Directly to the east is a relatively small office park with five(5)buildings and is the only commercial component in this MU-C area. Because of the multi-family development on the south side of Ustick,this may be the only area that could develop with neighborhood serving commercial uses. During the review of the Summertown project (SEC of Venable and Ustick), staff did forego recommending a commercial component as part of that project because this property was already zoned for commercial and Staff was in favor of preserving this property for future commercial uses. AAhough the pFoposed development would be a new type of Fesidential in this area (townhomee style instead of tFaditional gar-den style walk Up apftFtments), the submitted eoneept plan laelis many of the design eoneepts shown and outlined in the comprehensive plan for mixed use areas. 1H geReFal,the ffftffFe eommereial area is being redueed while increasing the Fesidential area and its impaet in this area of the City with little to no neighbOFhOod s i — eFeial uses. . Mdnkmum, the following mixed use poheies are not met with the proposed plan whereas the existing one does eomplyt With the Applicant's revised narrative and concept plans, Staff finds the following mixed-use policies are better satisfied with the subject project and surrounding area: • Mixed use areas should be centered around spaces that are well-designed public and quasi- public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play.These areas should be thoughtfully integrated into the development and further placemaking opportunities considered. SMff does notfind the pWosed eoneept plan meets this pohey-as pf • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5%of the development area are required. Outdoor seating areas at restaurants do not count towards this requirement.Based on the submimed eoneeptplan, $hem am not enough details to sho;v eomphanee i4M this plan. The pmposed muki family residential awa affear-s to be isolated and no shaped awas am shmm, as noted in this poliey. • All mixed use projects should be accessible to adjacent neighborhoods by both vehicles and pedestrians. Pedestrian circulation should be convenient and interconnect different land use types. Vehicle connectivity should not rely on arterial streets for neighborhood access. Although the pmposed eoneepsplan does not require arterial shwtsfor neighbor-hoo development to get to the eommereial jvhieh eouk4foree them to wilke Venablefor ease of safto, Page 3 Page 166 item#e. EXHIBIT A • A mixed use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone. As n ted of eaeh mixed use projeet is intended t provide at least three types of land tfses-. However-, with the ex4sting and approved development in this AlU G orea-, a vast majority of the area jvffl be medium and high density residential whieh is not a desired outeome. Sfafffmd-s mdtfeing the last Pentaining area of undeveloped eontinereial area to ineorporate more residen dal is in diree Over-all> Staff is eoneeMed the pFoposed plan is more Fesidentially foeused, with the commercial aFea,and does not comply with the mixed use policies in the comprehensive plan.FOF the reasons and concerns noted,Staff is not supportive of the proposed DA modification. and has r-eeommended denial of theFequest. Overall, with the Applicant's revised concept plan, color rendering, and additional context provided within the revised narrative, Staff finds the project now complies with a majority of the mixed-use policies,provides new housing types within this area for residents of different income levels and housing preferences,and provides adequate cross-access between parcels to relieve the stress on the arterial street system. IV. DECISION A. Staff: Staff r-eeommends denial of the modification to the DA as proposed by the Applioant and finds the �ept plan and DA provisions afe better- suited to addfess developmepA of the subte-C4 pr-epei4y. Staff recommends approval of the modification to the DA pursuant to the recommended provisions in Section VI of this report. B. The Meridian City Council heard these items on December 7, 2021. At the public hearing.the Council moved to approve the subject Development Agreement Modification request. 1. Summary of the City Council public hearinc: a. In favor: Jon Wardle.Applicant. b. In opposition:None c. Commenting: Jon Wardle. d. Written testimony: One piece—discussing parcel not part of project: general objection to apartments in this area of the City. 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. Reduction of commercial area for the purpose of multi-family residential in the context of this site as well as the overall MU-C designation this site is a part o£ b. History of MU-C area and its intended purpose at this location; C. How Staff analyzed the project in terms of the Comprehensive Plan and its proposed use of multi-family with some commercial along Ustick: d. Viability of commercial after inclusion of St. Luke's clinic: e. Future connectivity between uses and parcels on the property. 4. City Council change(s)to Staff recommendation: Page 4 Page 167 item#e. EXHIBIT A a. Addition of one new DA provision consistent with Applicant's request to be allowed up to two(2)building permits prior to any property subdivision. V. EXHIBITS A. Approved Conceptual Development Plans(dated: October 2016) �N' flP Wry `. •y—. I Ali qI �Rt iX5io4 f y 'Its � f v I i '.?A.'eWi IR;. I yy� tl � Pa�.Wfli aVYeN.L l +i7 ir{e. .Js Page 5 Page 168 item#s. EXHIBIT A B. Proposed Conceptual Development Plan(dated:November 2021) ��ga N Ivaannvnx svanrvrsrox i �raD�Da I I • I I ou�ww k ���,�N II II�, I CEDAR SPRrlYCS I�,w s 9UHI1(fCS10N ND.3 I ______ I aulpu� I 19Ntaxo a ,uiarr o l a rtt� l f I � I a I � I+4 994 ACIR 5 11 RESIDENTIAL MULTIFAMILY CPDCX i4 9PRINC5 0 i svamvrsmx sasr �.4 I �S.QQDR➢Rx ��VBDIVf5f0N Nt1 8 B I Sli,n I I z � c c r f L1f( 77.940 SF vu,nx��KKriv.°in`G u— f1.7S9 ACRES COMMERCIAL — — — � 8L➢CX 25 Cx➢AR SPRINGS :> SU➢DfVd5f0N NQ.D UNPLAPTNn _ I I I I I I •r -- ------------- W USTICK RD Page 6 Page 169 item#e. EXHIBIT A C. Conceptual Development Wan Rendering and Elevations (dated: 9/20,12021November 2021) SETTLERS PARK T Cz R Ai G E PIT A2 , TOWN HOMES a( I� A3 �II�I MERIDIAN,IDAHO 57SINGLE FAMILY UNITS .... 10 20 a�0 (2)STORY A6 y ¢ C ¢Bf -STORY I I 62 I D7 I I I B3 � O _ __ __ _______ II I I I i I I i w I I I 12)STORY p f (2)STORY LL SUILDINGTYP'A' i 2fi D ❑ n B BUILDINGS f24 UNITS GAZEBO Ag COMMUNITY B4 135 Bg CENTER A5 I I I I I (2)STORY _______ li J j3)STORY I I I PLAZA J (3)STORY p ____ (2)STORY i W BUILDINGWP'B' I- I 5 BUILDINGS)24 UNITS I � . i � � j2)STORY i (2)STORY I o a i BUILDING TYP'C' I FUTURE COMMERCIAL I 2 BUILDINGS UNITS I � I � 12)STORY -- I I �' (21 STORY I� jZ)STORY L.._.._..-..�--_..—..�.._.._.._.._..._.._.._..._.._..�..—..�.._.._.._.._.._..--.—.._.._.._.._.._.-_.._.._.._.._.._..�� BUILDING TYP'D� 1 BUILDING 13 UNITS W. USTICK RD. Page 7 Page 170 ttem#s. EXHIBIT A September 20, 2021 Page 3 EXHIBIT A Conceptual Architectural Elevations wook 00 ®LSE 4 5 ; .,,y� ' .'S`F ...Z'~ '��I JL 1 i �[• ��Atj I�� '.,�.. ��,:.. Page 8 Page 171 ttem#s. EXHIBIT A D. Legal Description for Property Subject to Development Agreement Legal Description: Parcel L The South 660 feet of the East one-half of the East one-half of the Southwest quarter of Section 36,Township 4 North,Range 1 West, Boise Meridian,Ada County,Idaho. Except the East 29 feet. Further Except: A parcel of land located in the East half of the East half of the Southwest quarter of Section 36,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho,more particularly described as follows: Beginning at an iron pin marking the Southwest corner of Section 36,Township 4 North,Range 1 West,Boise Meridian;thence,along the South section line of said Section 36,also being the center line of Ustick Road South 88°44'00"East2662,19 feet to an iron pin marking the South quarter corner of said Section 36;thence,leaving said South section line,and along the North-South center quarter section line of said Section 36 North 0°26'40"East 25.00 feet to a point on the North right-of-way line of said Ustick Road,also being the Real Point of Beginning;thence, leaving said North right-of-way line,and continuing along said North-South center quarter section line North 0°26'40"East 639.49 feet to a point;thence,leaving said North-South center quarter section line North 88°50'42"West 84.71 feet to an iron pin;thence South 1°31'09"West 639.26 feet to an iron pin on the said North right-of-way line;thence along said North right-of-way line South 88'44'00"East 96.71 feet to the Read Point of Beginning. Further Excepting: A parcel of land disclosed in Warranty Deed to Ada County Highway District recorded April 9,2010 as Instrument No.110032208,records of Ada County,Idaho. Parcel II: A parcel of land located in the East half of the East half of the Southwest quarter of Section 36,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho,more particularly described as follows: Beginning at an iron pin marking the Southwest corner of Section 36,Township 4 North,Range 1 West,Boise Meridian;thence along the South section fine of said Section 36,also being the center line of Ustick Road South 88°44'00"East,2662.19 feet to an iron pin marking the South quarter comer of said Section 36;thence leaving said South section line,and along the North-South center quarter section line of said Section 36 North 0°26'40"East,25.00 feet to a point on the North right-of-way line of said Ustick Road,also being the Real Point of Beginning;thence leaving said North right-of-way line,and continuing along said North-South center quarter section line North 0°26'40"East,639.49 feet to a point;thence leaving said North-South center quarter section line North 88"50'42"West,84.71 feet to an iron pin;thence South 1°31'09"West,639.26 feet to an iron pin on the said North right-of-way line;thence along said North right-of-way line South 88°44'00"East,96.71 feet to the Real Point of Beginning. Except: A parcel of land disclosed in Warranty Deed to Ada County Highway District recorded April 9,2010 as Instrument No.110032208,records of Ada County,Idaho. Page 9 Page 172 ttem#5. EXHIBIT A VI. PLANING DIVISION COMMENTS A. Development Agreement Provisions 1. Development of the subject property shall no longer be subject to the terms of the existing Development Agreement(H-2016-0074,Inst. #2016-097989). 2. Future development of the subject site shall be substantially consistent with the conceptual development plan, conceptual rendering conceptual elevations, and provisions contained herein. 3. Direct lot access to W.Ustick Road is prohibited, as shown on the submitted conceptual development plans. 4. A cross-access easement shall be granted to the property abutting the southwest property boundary(Parcel# SO436346613). A copy of the recorded easement shall be submitted to the Planning Division prior to issuance of Certificate of Occupancy for the western commercial pad site OR when parcel SO436346613 develops,whichever occurs first. 5. An additional north-south pedestrian connection to the proposed east-west drive aisle shall be added in the west half of the residential site with the future conditional use permit application for added pedestrian connectivity. 6. Future development shall comply with the design standards listed in the Architectural Standards Manual; future commercial structures shall incorporate similar architectural themes and elements as the residential portion of the project for consistency. 7. A conditional use permit is required to be submitted and approved by the Planning and Zoning Commission for the proposed multi-family development in the C-C zoning district as set forth in UDC Table 11-2B-2. The proposed use is subject to the specific use standards listed in UDC 11-4-3-27 Multi-Family Development. 8. A maximum of 57 multi-family units and a minimum of two commercial buildings shall be constructed on the subject site per the submitted concept plans. 9. A Certificate of Zoning Compliance and administrative Design Review applications shall be reviewed and approved by the Planning Division prior to submittal of any building permit application(s). 10. The Applicant shall be allowed to obtain no more than two (2)buildings permits for the commercial portion of the site prior to any subdivision of the property. Page 10 Page 173