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Inglwood Commercial MDA H-2021-0095 Addendum to DA (2022-033767) ADA COUNTY RECORDER Phil McGrane 2022-033767 BOISEIDAHO Pgs=11 CHE FOWLER 04/06/2022 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. James Peterson, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of Tladl , 2022, ("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 James Peterson, ("OWNER/DEVELOPER") whose address is 197 W. 4860 S.. Murray, UT 84107 RECITALS A. OWNER/DEVELOPER has submitted an application fora Modification to the Development Agreement recorded as Instrument#2019-124424 in Ada County Records to update the conceptual development plan to include a daycare facility instead of a retail use and removal of the 3- story office building in favor of a smaller retail/office building. 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 Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded as Instrument#2019-124424, except as specifically amended as follows: Conceptual development plan is updated to include a daycare facility instead of a retail use and removal of the 3-story office building in favor of a smaller retail/office building as shown in the "Proposed Conceptual Development Plan" - Exhibit B of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"A". 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subj ect 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 ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021-0095—Inglewood Commercial-MDA Page 1 of 3 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-2021-0095—Inglewood Commercial-MDA Page 2 of 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: James P erso CITY OF MERIDIAN Attest: Mayor Robert E. Simison 4-5-2022 Chris Johnson, City Clerk 4-5-2022 STATE OF Q-rA 14 ) )ss. County of 1+La ke— ) On this I'[+'day of Mor C k ,2022,before me,the undersigned,a Notary Public in and for said State, personally appeared James Petersen 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. �.�°•'w TEAL LAROQUE NOOMPUBM-SUTEOFaW NotftKblic fo !✓S ^'>" • COMMISSIONS 4. 717502 Resi idin at: C+vYI,� g - Its' COMM.EXP.03.31.2025 My commission expires: G -31-2V2 h STATE OF IDAHO ) ss County of Ada ) On this 5th day of April, 2022 20-21 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: 3-28-2028 ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021-0095—Inglewood Commercial-MDA Page 3 of 3 EXHIBIT A Item#22. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[ENDlt�l V�• AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement(Inst.#2019- 124424)to Update the Conceptual Development Plan to Include a Daycare Facility instead of a Retail Use and Removal of the 3-Story Office Building in Favor of a Smaller Retail/Office Building, by Gold Stream. Case No(s).H-2021-0095 For the City Council Hearing Date of: February 22,2022 (Findings on March 8,2022) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 22,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 22,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 22, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 22, 2022,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 INGLEWOOD COMMERCIAL MDA H-2021-0095 - I - Page 308 Item#22. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 22,2022, 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 existing Development Agreement(Inst. #20190124424) is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 22, 2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of February 22,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR INGLEWOOD COMMERCIAL MDA H-2021-0095 -2- Page 309 By action of the City Council at its regular meeting held on the 8th day of March 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 3-8-2022 Attest: Chris Johnson 3-8-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-8-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR INGLEWOOD COMMERCIAL MDA H-2021-0095 -3- Item#22. EXHIBIT A STAFF REPORTC�WE COMMUNITY N --- COMMUNITY DEVELOPMENT DEPARTMENT a` HEARING 2/22/22kOVER DATE: K-a , i `'R!7WFa DR TO: Mayor&City Council ` rFE=-`5_ — I RJ2 FROAM: Sonya Allen,Associate Planner E MM1EKXf irR R�1 E A45z4:rr� .�� 208-884-5533 K4 w SUBJECT: H-2021-0095ri, TM w Inglewood Commercial I - E=�1rrWr-Ra= LOCATION: 3330 E. Victory Rd., in the SW 1/4 of ..F-W n r c tfiJl.l.�y f Section 21,T.3N., R.IE. # R_g eonr s i E7 60 � L PROJECT DESCRIPTION Modification to the existing Development Agreement(Inst. #2019-124424)to update the conceptual development plan to include a daycare facility instead of a retail use and removal of the 3-story office building in favor of a smaller retail/office building. II. SUMMARY OF REPORT A. Applicant: Clint Tolman, Gold Stream— 197 W.4860 S.,Murray,UT 84107 B. Owner: James Petersen— 197 W. 4860 S., Murray, UT 84107 C. Representative: Emily Muller, Gold Stream— 197 W. 4860 S.,Murray,UT 84107 III. NOTICING City Council Posting Date Notification published in newspaper 2/6/2022 Notification mailed to property owners within 300 feet 2/3/2022 Page 1 Page 311 Item#22. EXHIBIT A Applicant posted public hearing notice on site 2/11/2022 Nextdoor posting 2/3/2022 IV. STAFF ANALYSIS The Applicant proposes to modify the existing Development Agreement(DA) (H-2019-0099, Inst. #2019-124424) in effect for this property to update the conceptual development plan approved for the overall development. The existing conceptual development plan depicts a mix of uses including a 3-story nursing/residential care facility with independent living, assisted living and memory care in the center of the development with single-family attached homes for independent living to the east; a 12,300 square foot(s.£) 3-story office is depicted on the west side of the senior living facility; and retail/commercial uses are depicted on the 3 pads along S. Eagle Rd. (see plan in Section VI.A). No changes to the retirement community or the two retail/commercial building pads at the southwest corner of the site are proposed, except to enlarge the northern building pad and include office as a possible use. The pad at the southwest corner of the site is planned to develop with a drive-through restaurant(i.e. coffee shop)with indoor and outdoor seating. The 3-story office building is proposed to be removed as there is not adequate space for the building and there is a sewer easement in the middle of the roadway and through where the building is depicted; and a daycare is proposed in place of the northern retail pad(see plan in Section VI.B). The Applicant's narrative states that walkways are planned from the daycare to the senior living as part of the plan is for children to visit the seniors. The proposed development plan,which includes a mix of residential and commercial (retail/office/restaurant/daycare)uses, demonstrates compliance with the Mixed Use—Community (MU-C)Future Land Use Map(FLUM) designation in the Comprehensive Plan for this site. The proposed uses will provide employment opportunities and services for those living nearby. The existing DA provisions will ensure supportive and proportional public and/or quasi-public spaces, including but not limited to parks,plazas, outdoor gathering areas, open space, etc. is provided within the mixed use/commercial portion of the development. V. DECISION A. Staff: Staff recommends approval of the modification to the DA as proposed. B. The Meridian City Council heard this item on February 22,2022.At the public hearing.the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Jim Petersen. Gold Stream b. In opposition:None C. Commenting: None d. Written testimony: Clint Tolman, Gold Stream(in agreement with staff reportl e. Staff presenting application: Joe Dodson f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Existing site conditions and development plans for the overall site. 3. Key issue(s)of discussion by City Council: Page 2 Page 312 Item#22. EXHIBIT A a. Pedestrian connectivity within the site and with adjacent residential development to east (there are no pathway stubs to this sitel: b. Vehicular access for the proposed daycare facility. 4. City Council change(s)to Commission recommendation: a. None VI. EXHIBITS A. Existing Conceptual Development Plan&Perspective Elevations wellrm^^ Sign atthe end of Titanium ar na�v.u.�om.mPmsln Lanersam.'eurw � �3 w d _ B A A B Moved units 5"additional feet away from easement Drive aisles Re expanded to 26' PadA B 3 12• Replacefenca lie n Zone:R-13 Ae;R_13 along eastern Senior Living ultl-It border Retai I Facility Pad a �.aoo so Fr B A A B Tiatanium Updated to 33'width with O rolling curb w More crosswalks - w indicated d asa v — '�� B A A B In ter�maveemm ' Victory Rd sidewalks no longer meander UPDATED SITE PLAID INGLEWOOD PLACE SUBDIVISION Meridian.Itlnho Nov r.20]9 Archl[echre '.._oc�r,.e c_.:e=_rnnnow_onr�r.nru��oesuar inn.rH;vn naor�arr.es=rnnnou Page 3 Page 313 113All 4,c1- -t.. {` 3R � IMMOMMMMi Think r r 140 fft 00 ,a 10 low I Item#22. EXHIBIT A B. Proposed Conceptual Development Plan PUBLIC CONNECTION II B A A B I w ruruwuo DAYCARE I � I � I Z II Y a � ¢w m�4 A B a m ZONE'R-13 w w SENIOR LIVING 8 a FACILITY S I 00 a w � w � z RETAIL/ 4 cc OFFICE a g B A A B PAD x Y w a � a F w a LTRETAIF� T L, LMnt INGLEWOOD PEACE SUBDIVISION ■ARCH=ME Page 5 Page 315