Fast Eddy's at Eagle MDA H-2021-0068 (2022-016417) ADA COUNTY RECORDER Phil McGrane 2022-016417
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 02/16/2022 09:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOYMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Steve Eddy, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT As dated this _ day
of VieWA
ppg`t , 2021, C ADDENDUM"), by and between City of Meridian, a municipal
corporation of the State of Idaho C'C1TV), whose address;is 33 E. Broadway Avenue, Meridi
Idaho 83642 and.Steve Eddy,("OWNER/DEVELOPER")whose address is 2151 N.Greenview Ct.
Eagle, ID 83616:
RECITALS
A. OWNEWDEVELOPER has submitted an application for a
Modification to the Development Agreement recorded as Instrument#2018-042029 in Ada County
Records to remove the requirement for the driveway along the west side of the retail store to be
extended to the,- orth property boundary for future extension and'interconnectivity in accord with
UDC 11-3A-3A; and a cross-accessfingress-egress,easement to be provided to the property to the
north(Parcel#R4582530202, 13984 W.Jasnsine Lane). The Meridian City.Council approved said.
application with Findings ofFact.and Conclusions of Law as in the attached Exhibit"`A',
B. CITY-and +OWNER1DEVELOPER now desire to arnenc! said �eveloprnent
Agreement and First Addendum to Development Agreement;which terms have been approved by tho
Meridian City Council in accordance with Idaho Code Section 67-6511,
?'►T[l�V, THEREFORE, in consideration cif the covenants and conditions set forth
herein, the parties agree as follows.
1 OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded
as Instrument#2018-042029,-except as specifically amended as follows'. -
CONDMONS,GO VERWING AEPZ�tOPMENT OF SUBJECT PROPERTY
5.1. OlwnerlDeveloper shall develop the Property in accordance with the following,
special condwons
d The driveway along the west side of"the retail stare shall extend to the north property
boundary for f ture extension and .
as an
erraer en rrnlX actress with installation Q ha�lards Rcce table to the Fire 13e xrtrrzerit The_
work associated with the drivewa at cess shall be c6m feted-within sip b �rxt nths i
t!rssi le, from the date a�ap� -oval of'the din�s fcrr this apx�lie�tit�n dune 14, Z172�)
ADDENDUM TO DEVELOPMENT AOREEMENr FAST EDDY'S AT EAGLE-H-2d_?1-006E=MDA. Page 1 of 3
Item#8.
e. A cross-access/ingress-egress easement shall be provided to the property to the north
(Parcel 4R4582530202, 13984 W. Jasmine Ln.) with development of this site in accord
with UDC 11-3A-3A.2 for an emergency access onl . A recorded copy of said easement
shall be submitted to the City prior to issuance of the, Certificate of Occupancy
the convenience store on the site.
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de-annexation if the Owner/Developer,or their assigns,heirs,or successor
shall not meet the conditions of this Addendum,and the Ordinances of the City of Meridian as herein
provided.
3. This Addendum shall be binding upon and insure to the benefit of the parties'respective heirs,
successors, assigns and personal representatives, including City's corporate authorities and their
successors in office. This Addendum shall be binding on the Owner/Developer of the Property,each
subsequent owner and any other person(s)acquiring an interest in the Property. Nothing herein shall
in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereon and any successor owner or owners shall be both
benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written
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 FAST EDDY'S AT EAGLE-H-202]-0068-MDA Page 2 of 3
Page 164
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this Addendum and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Steve ddy
CITY OF MERIDIAN Attest:
Mayor Robert E. Simison 2-15-2022 Chris Johnson, City Clerk 2-15-2022
STATE OF IDAHO }
)ss.
County of Ada )
&11day
On this ofbukky 2021,before me,the undersigned,a Notary Public in and for said
State,personally appeared Steve Eddy known or identified to me to be the person who executed the instrument above.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
JENNIFER DEES
COMM. #49398
NOTARY PUBLIC Not Publi f a
STATE OF IDAHO Res d' gat:
My ission expires:
STATE OF IDAHO )
ss
County of Ada )
On this 15th day of February 2022 before me,a Notary Public,personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and CIerk,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: 3-28-2022
ADDENDUM TO DEVELOPMENT AGREEMENT FAST EDDY'S AT EAGLE-H-2021-0068-MDA Page 3 of 3
Page 165
EXHIBIT A
Item#8.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN
AND DECISION& ORDER
In the Matter of the Request for a Modification to the Existing Development Agreement(H-2018-
0006-Inst.#2018-042029)to Remove the Requirement for a Driveway to be Constructed and a
Cross-Access/Ingress-Egress Easement Provided to the Adjacent Property to the North (Parcel
#R4582530202, 13984 W.Jasmine Ln.),by Fast Eddy's.
Case No(s).H-2021-0068
For the City Council Hearing Dates of. November 23 and 30, 2021 and January 18,2022 (Findings
on February 1,2022)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 18, 2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of January 18,2022, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 18,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of January 18,2022,incorporated by reference)
B. Conclusions of Law
l. 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 I I 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 § I I-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 FAST EDDY'S AT EAGLE—MDA H-2021-0068 - I - Page 166
Item#8.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 18,2022, 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 a modification to the Development Agreement is hereby approved
as modified by City Council during the hearing on January 18, 2022.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement.Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 January 18,2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR FAST EDDY'S AT EAGLE—MDA H-2021-0068 -2- Page 167
By action of the City Council at its regular meeting held on the 1st day of February
2022.
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 2-1-2022
Attest:
Chris Johnson 2-1-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 2-1-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR FAST EDDY'S AT EAGLE-MDA H-2021-0068 -3-
Item#8.
EXHIBIT A
STAFF REPORTC�WEIIDIAN ---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 1/18/2022 Le 9 en d
DATE: Continued from: 1112312021 `P=_ � �_ � Ate„
m
Decision issued on 11/30/21 but had to
be re-heard by Council due to public LTD
hearing notice error. RUT '
TO: Mayor&City Council
1
FROAM: Sonya Allen,Associate Planner '� R-8 � R=
208-884-5533 y
SUBJECT: H-2021-0068 C'
RUTI _� t� _ _� -��
Fast Eddy's at Eagle
i R-� R7 -, R_8
LOCATION: 3775 N. Eagle Rd.,in the SE '/4 of ;-WE R-� R.1 5
Section 32,Township 4N.,Range 1 E. -1 RU T R12 = RU T
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(H-2018-0006-Inst. #2018-042029)to remove
the requirement for the driveway along the west side of the retail store to be extended to the north
property boundary for future extension and interconnectivity in accord with UDC 11-3A-3A; and a
cross-access/ingress-egress easement to be provided to the property to the north(Parcel
#R4582530202, 13984 W.Jasmine Ln.).
II. SUMMARY OF REPORT
A. Applicant:
Steve Eddy,Fast Eddy's—2151 N. Greenview Ct.,Eagle, ID 83616
B. Owner:
Same as Applicant
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Notification published in
newspaper
11/7/2021
Notification mailed to property
owners within 300 feet 10/27/21 & 11/4/21
Page 1
Page 169
Item#8.
EXHIBIT A
Applicant posted public hearing
notice on site 1/5/2022
Nextdoor posting 11/5/2021
IV. STAFF ANALYSIS
The UDC (11-3A-3A.2) requires cross-access easements to be granted to adjoining properties where
access to a local street is not available unless otherwise waived by City Council.The abutting property
to the north fronts on a state highway(N. Eagle Rd./SH-55)and does not have access via a local street.
Thus,the reason the driveway access and easement were required.Without this access,the undeveloped
parcel to the north would have no access other than the state highway until such time as the property to
the west (i.e. Delano Subdivision) develops, which granted a cross-access easement to them through
their multi-family development for access via the future extension of N. Centrepoint Way.
The driveway was required to be constructed and an access easement granted with development of this
site prior to issuance of the first Certificate of Occupancy(see provisions in Section V). The Applicant
did not wish to construct the driveway or provide an access easement at that time so the Planning
Division recommended the Applicant apply for an amendment to the DA to remove the requirements.
A temporary Certificate of Occupancy was issued in order for the Applicant to apply for an amendment,
which has since expired.
The Applicant proposes to meet with the property owner to the north at the time of development to see
if it makes sense to both of them to install an access at that time. Note:An assisted living facility was
approved to develop on the abutting property to the north through a Conditional Use Permit(CAR20-
00004 &PUD20-00008)for a Planned Residential Development in the City of Boise. This approval
will expire on March 9, 2022 if a building permit hasn't been obtained by that time; or unless a time
extension is approved. The site plan approved with the PUD depicts a driveway access to this site for
cross-access/ingress-egress.
Because this is a UDC requirement, Staff cannot waive the requirement and therefore, cannot support
the request. The UDC does allow for a Council waiver to this standard if deemed appropriate by City
Council.
V. DECISION
A. Staff:
Staff recommends denial of the modification to the DA as proposed;however,City Council has the
authority to waive the requirement in UDC I I-3A-3A.2 and approve the Applicant's request if they
deem appropriate.
Page 2
Page 170
Item#8.
EXHIBIT A
VI. EXISTING DEVELOPMENT AGREEMENT PROVISIONS PROPOSED TO BE
REMOVED:
5.1
d. The driveway along the west side of the retail store shall extend to the north property
boundary for future extension and interconnectivity in accord with UDC 11-3A-3A.
e. A cross-access/ingress-egress easement shall be provided to the property to the north
(Parcel#R4582530202, 13984 W. Jasmine Ln.)with development of this site in accord
with UDC 11-3A-3A.2. A recorded copy of said easement shall be submitted to the City
prior to issuance of the first Certificate of Occupancy on the site.
Page 3
Page 171