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Brightstar Care H-2021-0052 DA (2022-033765) ADA COUNTY RECORDER Phil McGrane 2022-033765 BOISE IDAHO Pgs=21 CHE FOWLER 04/06/2022 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. l3nightstar Meridian Road,LLC, Owner/Developer TIES DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 'V#�' dav of 2022, by and between City of Meridian, a municipal corporation of the to of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Brightstar Metidian Road, LLC whose address 500 E. Shore Dr.,Suite 120,Eagle, ID 83616,hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho,described in Exhibit"A7,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 commitment concerning the use or development of the subj ect Property-, and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land, and 1.4 WHEREAS, Oivner/De vela per have submitted an application for a Modification of a Development Agreement to remove the property listed in Exhibit "X' from the existing Sundance Subdivision Development Agreements (nst, 4 102056126 and #106133465) and be bound by this new Agreement under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made-,and 1.5 WHEREAS, ON-mer/Developer made representations at the public hearings before the Meridian City Council, as to how the Property will be developed and`what improvements will be made; and 1.6 WHEREAS,the record of the proceedings for requested rezorning held before the City Council, includes responses of government subdivisions providing DEvELoPNiEN­rAGREENffi',qT—BRIG HT STARC.A-RE MERiDiAN(H-2021-0052) PAGE 1 OF 7 services within the City of Meridian planning jurisdiction,and includes further testimony and comment; and 1.7 WHEREAS, on the 28"'day of September, 2021,the Meridian City Council approved certain Revised Findings of Fact and Conclusions of Law and Decision and Order ("Findings'), which have been incorporated into this Agreement and attached as Exhibit`V; 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 listed in Exhibit"A"shall no longer be subj ect to the terms of the existing Development Agreements (Inst. # 102056126 and 106133465) and shall be bound by the terms contained herein in this new 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 Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian,Idaho 83642. DEVELoPhiE,N r AGREEMENT-BRIGHT ST XR CARE MERIDIAN(H-2021-0052) PAGE 2 of 7 Page 342 Item#24. 3.2 OWNER/DEVELOPOER: means and refers to Brightstar Meridian Road,LLC, whose address is 500 E. Shore Dr., Suite 120, Eagle, ID 83616 hereinafter called OWNER/DEVELOPER, the parry 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 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. The Property is approved to develop with anursing and residential care facility. The applicant shall substantially comply with the site plan, landscape plan and building elevations approved with conditional use permit(H-2021-0040). b. The applicant shall be allowed to construct a 10-foot wide landscape buffer along the northern boundary of the site as shown in Exhibit B of the Staff Report attached to the Findings of Fact and Conclusions of Law, attached hereto. 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. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owners/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 DEVELOPMENT AGREEMENT—BRIGHT STAR CARE MERIDIAN(H-2021-0052) PAGE 3 of 7 Page 343 Item#24. 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 as described in Section 7.2,Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 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. 7.5 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. DEvELoPxIENT AGREE'_ FNT—BRIGHT STAR CARE MERIDIAN(H-2021-0052) PAGE 4 of 7 Page 344 Item#24. 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. 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. Meridian, 33 E. Broadway Avenue Idaho 83642 Meridian,Idaho 83642 OWNER/DEVELOPER: Brightstar Meridian Rd,LLC 500 E. Shore Dr., Suite 120 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 parries hereto acknowledge and agree that time is strictly of the essence Nvith 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. DEVELOPMENT AGREEMENT—BRIGHT STAR CARE MERIDIAN(H-2021-0052) PAGE 5 OF 7 Page 345 Item#24. 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 ofternimation 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. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party, shall act reasonably in giving any consent,approval,or taking 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 hearings) 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; signatures,acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT—BRIGHT STAR CARE MERIDIAN(H-2021-0052) PAGE b of 7 Page 346 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Brightstar Meridian Road,LLC f B IUD C Its:Cj"%� e to-6� 4U-1- CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 4-5-2022 Chris Johnson, City Clerk 4-5-2022 STATE OF IDAHO } ss: County-of Ada ) On this�d of � 2022,before me,the undersigned,a Notary Public in and for said State, personally appeared Vi 0 !if known or identified to me to be the 00 1 Brightstar Meridian Road,LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF,I� Ao �in�to set my hand and affixed my official seal the day and year in this certificate first above written.��p�`' A. �'8�•!•� 4Z`'�y +10: Notary Public for G I Ry ",��? Residing at: �O (j p My Commission Expires: STATE OF IDAHO ) _ PuRoc, r xv County of Ada } 1' h•i••• Q+•r On this 5th day of ApriN'0151600,2022,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_ qr Ili Residing at: Ivierictio an, Idaho Commission expires: 3-28-2022 DEvELOPMENT AGREEMENT-BRIGHT STAR CARE MERIDIAN(H-2021-0052) PAGE 7 of 7 Item#24. T•O ENGINEERS Project No: 05161 Date:February 3,2010 Page: I of I EXHIBIT"A" Parcel A—Description A parcel of land being a portion of Lot 47,Block 7 of SUNDANCE SUBDIVISION No. 5,filed in Book 98 of Plats at Pages 12523-12526, in the Office of the Ada County Recorder,located in the SW 1/a of Section 31, Township 4 North,Range I East,Boise Meridian,City of Meridian,Ada County,Idaho, and as shown on Record of Survey No. 8756, filed as Instrument No.110034523,being more particularly described as follows: BEGINNING at the northwesterly corner of Lot 47, Block 7 of said subdivision; thence,along the northerly line of said Lot 47, I. S.89008'33"E., 101.48 feet; thence,leaving said northerly line, 2. S.00051'50"W., 88.09 feet to the southerly line of said Lot 47; thence,along said southerly line, 3. N.89°08'10"W., 101.48 feet to the southwesterly corner of said Lot 47;thence,along the westerly line of said Lot 47, 4. N.00°5I'50"E., 88.08 feet to the POINT OF BEGINNING. CONTAINING: 0.205 Acres,more or less. SUBJECT TO: All Covenants,Rights,Rights-of Way and Easements of Record. �kD tQ,1STEga� `. 3 �r 050' .0 K\0516AWNies1SURVEYIPBA PARCEL DESCRIPT[ONSIPARCEL A.doc 9777 Chinden Boulevard Boise.ID 83714 Phone(208)323-2288 Fax(2081 323-2399 info@to-engineers.com to-engineers.com Aviation I Transportation I Land Development I Landscape Architecture I Municipal I Water Resources I Surveying Bright Star Care Meridian - H-2021-0052 Page 348 Item#24. T•© ENGINEERS Project No: 05161 Date: February 3,2010 Page: I of I EXHIBIT"A" Parcel B—Description A parcel of land being a portion of Lots 46 and 47, Block 7 of SUNDANCE SUBDIVISION No. 5, filed in Book 98 of Plats at Pages 12523-12526,in the Office of the Ada County Recorder,located in the SW '/of Section 31, Township 4 North, Range I East,Boise Meridian, City of Meridian,Ada County, Idaho,and as shown on Record of Survey No. 8756, filed as Instrument No.110034523,being more particularly described as follows: COMMENCING at the northwesterly corner of Lot 47,Block 7 of said subdivision;thence,along the northerly line of said Lot 47, A) S.89°08'33"E., 101.48 feet to the POINT OF BEGINNING;thence, continuing along said northerly line, 1. S.89008'33"E., 60.00 feet;thence,leaving said northerly line, 2. S.00051'50"W., 177.90 feet to the southerly line of said Lot 46; thence,along said southerly line, 3. N.90000'00"W., 49.44 feet to the southwesterly corner of said Lot 46;thence, along the westerly line of said Lot 46, 4. N.00051'50"E.,90.55 feet to the southeasterly corner of said Lot 47;thence, along the southerly line of said Lot 47, 5. N.89°08'10"W., 10.56 feet;thence,the southerly line of said Lot 47, 6. N.00051'50"E., 88.09 feet to the POINT OF BEGINNING. CONTAINING: 0.224 Acres, more or less. SUBJECT TO: All Covenants, Rights, Rights-of Way and Easements of Record. TT 7 316 H:10516IkWPtilc0SURVEYIPBA PARCEL DESCRIPTIONSIPARCEL B.doe of H.Mel► 9777 Chinden Boulevard Boise,ID 83714 Phone(208)323-2288 Fax(208)323.2399 info@to-engineers cam to-engineers.eom Aviation I Transportation I Land Development I Landscape Architecture f Municipal I Water Resources I Surveying Page 349 Bright Star Care Meridian - H-2021-0052 Item#24. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN DIAN:-~' AND DECISION&ORDER In the Matter of the Request for Modification to the existing Sundance Subdivision Development Agreement and Addendum(Instrument Ws 102056126 and 106133465)to remove the subject property(Parcel A& B,ROS 8756 which is a portion of Lot 46& all of Lot 47 of Block 7, Sundance Subdivision No.5)for the purpose of entering a new agreement to allow a reduction to the existing 20-foot residential landscape buffer to construct 5,800 sq.ft. nursing and residential care facility consistent with the approved conditional use permit(H-2021-0040),by Hatch Design Architecture. Case No(s). MDA H-2021-0052 For the City Council Hearing Date of: September 14,2021 (Findings on October 5,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 14, 2021, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 14,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of September 14, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 14,2021, 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRIGHT STAR CARE MERIDIAN-MDA H-2021-0052 - I Page 350 Item#24. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 14,2021,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 September 14,2021, 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 September 14,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRIGHT STAR CARE MERIDIAN-MDA H-2021-0052 -2 Page 351 By action of the City Council at its regular meeting held on the 28th day of September 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E.Simison 9-28-2022 Attest: Chris Johnson 9-28-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 9-28-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRIGHT STAR CARE MERIDIAN-MDA H-2021-0052 -3- .rem#24. EX H I BIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT 3 H HEARING 09/14/2021 Legend �. DATE: lei V P"°' *Lc TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner w ---- 208-489-0573 SUBJECT: H-2021-0052 Bright Star Care Meridian MDA —Yf_USTICK_RD E_USTIO(-R LOCATION: The site is located at 3336&3340 N. Meridian Rd, in the SW '/a of Section 31, Township 4N, Range IE. I. PROJECT DESCRIPTION Modification to the existing Sundance Subdivision Development Agreement and Addendum (Instrument Ws 102056126 and 106133465)to remove the subject property for the purpose of entering into a new agreement to allow a reduction to the required 20-foot residential landscape buffer to construct a 5,800 sq. ft. nursing and residential care facility consistent with approved conditional use permit(H-2021-0040),by Hatch Design Architecture. II. SUMMARY OF REPORT A. Applicant/Representative: Jeff Hatch,Hatch Design Architecture-200 W. 36th St.,Boise, ID, 83714 B. Owner: Settler's Crossing LOC—7761 W. Riverside Dr, Ste 100,Boise, ID, 83714 III. STAFF ANALYSIS The subject property is presently two vacant lots comprising 0.43 acres and is within the Settlers Business Park(Sundance Subdivision No. 5). The subject property is within the Sundance Subdivision Development Agreement, originally recorded in 2002 and modified in 2006. On July 15, 2021,the Planning Commission approved a conditional use on the subject property to allow a 5,800 sq. ft.nursing and residential care facility. The landscape plan of this facility reflected a 10' wide buffer adjacent to the residential properties to the north. However, a requirement of the Sundance Subdivision Development Agreement is that due to the single family uses abutting the boundary of the subject property, a minimum 20-foot planting strip is required along the northern property line. Because this is a requirement of the DA, it can only be reduced through action of the Council. Consequently,the Planning Commission approved the conditional use with the condition Page 1 Page 353 ►tem#24. EX H I BIT A that the applicant either meet the 20' residential landscape buffer requirement, or request a development agreement modification through the City Council prior to submitting a certificate of zoning compliance application. As the Sundance Subdivision Development Agreement contains several hundred residential properties as well as all the commercial properties within the Settler's Business Park, staff recommended the applicant remove the subject properties from the existing development agreement and enter into a new development specifically for the subject property. The applicant states that per the Settlers Business Park Property Owners Association,the original intent of this buffer requirement was to mitigate the impact of commercial properties on the adjacent residential.According to the applicant,this development is a residential type use,so the requirement was not meant to apply in this situation. The applicant added that fencing is provided between the subject property and the properties to the north, and trees are provided in the proposed buffer at approximately 12.5' spacing,which is almost three times the density required by 11-313-9 (requiring 35' spacing). The applicant submitted a letter of no objection from the Settlers Business Park Property Owners Association and held a neighborhood meeting on August 17, 2021 of which there were no comments. Because there are no objections,the applicant is providing fencing and nearly three times as much density in the landscaping, and because of the low impacts to adjacent residential associated with a nursing and residential care facility, staff does not object to the reduction in the buffer width. Staff has reviewed the requirements of the original DA and the DA addendum. As the subject property is located internally within the Settler's Business Park and all parking, infrastructure and public improvements for the Sundance Subdivision and Settles' Business Park have already been constructed,the only pertinent requirements of the existing DA are regarding the allowed uses and the landscape buffer. IV. DECISION A. Staff: Staff recommends the City Council approve removing the subject property from the Sundance Subdivision Agreement and Addendum(Instrument#'s 102056126 and 106133465) and establishing a new development agreement.: 1. The property is approved to develop with a nursing and residential care facility). The applicant shall substantially comply with the site plan,landscape plan and building elevations approved with conditional use permit(H-2021-0040). 2. The applicant shall be allowed to construct a 10-foot wide landscape buffer along the northern boundary of the site as shown in Exhibit B. B. The Meridian City Council heard these items on September 14,2021. At the public hearing the Council moved to approve the subject development agreement modification request. 1. Summary of the City Council public hearing: a. In favor: Jeff Hatch,Hatch Design Architecture b. In opposition:None C. Commenting: None d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None Page 2 Page 354 item#24. EXHIBIT A 3. Key issue(s)of discussion by City Council: a. None Page 3 Page 355 item#24. EX H I BIT A V. EXHIBITS A. Legal Description EXHIBIT"A" Parcel A—Description A parcel of land being a portion of Lot 47,Block 7 of SUNDANC E SUBDIVISION No. 5, filed in Book 98 of Plats at Pages 12523-12526,in the Office of the Ada County recorder, located in the SW 'la of Section 11,Township 4 North, Range 1 East, Boise Meridian,City of lvlcridian, Ada County, Idaho, and as shown on Record ot'Survoy No, 8756, filed as Instrumcnt No_l 10014523, being more particularly described as follows. BEGINNING at the northwesterly comer of I.ot 47, Black 7 cif said subdivision; thence, along the northerly line of said Lot 47, I. 5.89°08'33"E., 101.49 feet, thence,leaving said northerly line, 2. S,000'51'54"W., 89.09 feet to the southerly line of said I.ot 47; thence, along said southerly line, 3, N,89.08'10"W., 101.48 feet to the southwesterly corner of said Lot 47; thenc:e,.along the westerly line of said Lot 47, 4. MOO 05I'St}"F,., 88.08 feet to the POINT OF BEGINNING, CONTAINING: 0.205 Acres,more or less. SUBJECT TO: All Covenants, Fights, Rights-of Way and Easements of Record. STE LAlyf# 050 0 IL Page 4 Page 356 item#24. EX H I BIT A EXHI IT"A" Parcel B—Description A parcel of land being a portion of Lots 46 and 47,Block 7 of SUNDANCE SUBDIVISION No. 5, filed in Book 98 of flats at Pages 12523-12526, in the Office of the Ada County Recorder,located in the SW o/4 of Section 31,Township 4 North,Range 1 East,Boise Meridian,City of Meridian,Ada County, Idaho, and as shown on Record of Survey No. 8756,filed as Instrument No.110034523,being more particularly described as follows: COMMENCING at the northwesterly corner of Lot 47,Block 7 of said subdivision;thence,along the northerly line of said Lot 47, A) 5.89°08'33"E., 101.48 feet to the POINT OF BEGINNING;thence,continuing along said northerly line, 1. 5.89°08'33"E.,60.00 feet;thence,leaving said northerly line, 2, 5.00°51'51Y"W., 177.90 feet to the southerly line of said Lot 46;thence,along said southerly line, 3. N.90a00'00"W.,49.44 feet to the southwesterly corner of said Lot 46;thence,along the westerly line of said Lot 46, 4. N.00`51'50"E.,90.55 feet to the southeasterly corner of said Lot 47;thence,along the southerly line of said Lot 47, 5. N.89008'10"W., 10.56 feet;thence,the southerly line of said.Lot 47, 6. N.00051'50"E.,88.09 feet to the POINT OF BEGINNING. CONTAINING:0.224 Acres,more or less. SUBJECT TO. All Covenants,Rights,Rights-of Way and Easements of Record. 4i FE 7316 I %0516AWPfik0URVEY1PBA PARCEL DESCRIPTIONS`1'ARCEL 8.doc 1/ 4/15f to O I OF X"D Page 5 Page 357 item#24. EX H I BIT A B. Site Plan(approved by Planning Commission on July 15,2021) GENERAL NOTES SITE RECAP I ����— t4dr �--��_.t� ��— _.L—. '`� �u+ar¢w; —__, ■ rxim.rm srasr rl¢�ur..mairc. ¢a runwc mx�nwar �.��;![m I � �.ar-r I I b d�ryy' wn.nc wr u euxaei rcaul - F y � _It— EXISTING APPLICANT - CARE fAEluTY5,&3?SFK E Y N,0 T E S PAPY,[W-WT T mi k a,timr�Au:o-wmo,nonrx: W - -------- -w rxx. < c ixmrorwr..•n.~ * — --- s :,rmnrmrxr.w.arr�.uuawa L I� i I '� �.�TICOtr 106IIIF Ii _ .. runasu■ �x■r�so •.Y II iS>• � q I S:IYIlAi.5 .,I iiG'A6A]ry id... I �� � - � — ■IL.I1l pAALN.. `� � I ioire:�n - U q I I - $1lT7.Olfw� �[s'elu¢r I Eyt3-MG `-.I JNG '� I I ?ARMING LOT � I I APPROVAL STAMP . .. . PmpahG MT EX[Sl'lfAC ...II SITE REFERENCE PLA, I :,.o■�r _ -,1.c Page 6 Page 358 ►tem#24. EX H I BIT A C. Landscape Plan of approved Brightstar Meridian Conditional Use 3. ALL TREES THAT ARE DAMAGED.DESfRO1 THE MITlCroAT0N STANDARDS PER-ME Cff 4. SEE TREE A9 MATION NOTES FOR ADDffIL Aidjacent Single Family BEGIN END ' Esa.,o. CR ! C6 s xawFwG-a-y Area of Buffer reduction \ {h IENDL - 7 I JH 777 5F1ryokMtti &. - Suep14'151va au; CA BT EXISTING 5�V .crscF a.in a BUILDING �� EXISTING HM PARKING LOT !Ik q CA N SJ - F-i SEl IV+ 1 3e, lPy e nn�oaca^w�Fz.w F _ i - 4 BEGIN LS SJ CA � fi END t — — �END 6 � B 6EGIN mNnrG:L-n �� I \ II EXISTING 91 BUILDING EXISTING a u EXISTING � PARKING LOT . PARKING LOT, , el I 1 I I I _ _ .,`\ I EXISTING "I"'. Page 7 Page 359 item#24. EX H I BIT A D. Approved Elevations of Brightstar Meridian Facility HATCH DE5iot4 ARCHITECTURE L 1 Front (west) elevation v; F ------------------------------------- - - NOPTA ELEVATION Rear (north) elevation facing residential (fence and landscaping will be in front of this elevation. Page 8 Page 360 item#24. EX H I BIT A E. Existing DA language permitted. & Provide five-foot-wide sidewaW in accordance wi&4 Cite 1 Ordinance Section 12-5-2..K. . All conaruction ,skull conform to the requirements of the Armricans with Disabilities Act, 10. Meridian City Ordinance 12-6 sets forth the requirenten -,; For Manned Dveelopments. Any conditions attached to a.Final, Development Flan for Planned Development projects run;%nth the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 1.1.. That any proposed uses other than an ciffice use can Lots 45, 47. 49 and 5D, Block 7 shall require a CUP. The office uses are allowed under the Planned Development process and would not require a CUP if constructcd in accordance with an approved UP site plan and plat. 12. Due to the single-family uses abutting the b dares of Lots 45, 47 and 49, Block 7 (proposed as future office use), a minimum 20-foot planting ship, in accorda.rnce with City Ordinance 1 - - 7A, is required along the property lines of these three lots, 13, Eedlcate 48-Feet of right-of-wary from the pEnterline of Ustick Road abu t r i ng Lh e parcel by.mew of recordation of a final subdh ision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits),whichever occurs Hirst. 14, Dedicate 48-feet of right-of-way From the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a wazranty deed prior to issuance of a boalding.permit (or ether required permits),whichever occurs first. 15, Construct the main entrance off Ustick Road, located appro tely 900-Feet east of the,rest property line, as proposed. Construct the amain entrance with one inbound )EVELOPMENT AGREEMENT(AZ-0[-412) 6 rage v Page 361