Loading...
Cedar Springs Professional Center MI 05-008 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 04/06/06 02:15 PM DEPUTY Vicki Allen RECORDED-REQUEST OF City of Meridian AMOUNT .00 42 1111111111111111111111111111111111111 106052778 SECOND ADDENDUM TO 4.1 "USES PERMITTED BY THIS AGREEMENT" OF THE DEVELOPMENT AGREEMENT" (CASE NO. AZ-00-019 FOR NEW CASE NO. MI 05-008) PARTIES: 1. 2. 3. City of Meridian Lynn A. Brown, Developer Robert W. Montgomery, Owner The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 6th day of May, 2002, and that certain First Addendum to Development Agreement dated the 28th day of April, 2005. This addendum is made and entered into this 2 t:f .,~ day of hr A/'7.,vfv , 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and LYNN A. BROWN, whose address is 355 S. 3rd Street, Boise, Idaho 83702, hereinafter called "DEVELOPER" and Robert W. Montgomery, whose address is 12 Varsity Circle, Rancho Mirage, California 92270, hereinafter called "OWNER". OWNER and/or DEVELOPER agree to be bound by the terms ofthe original Development Agreement (instrument # 102067381), and the First Addendum to Development Agreement (instrument #105058639) on the land described in Exhibit "A", except as specifically regarding new land uses and hours of operation. 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, exhibit "B", and the tenns of the First Addendum to the Development Agreement, exhibit "C", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That a Convenience Store use and 24-hour operation will be allowed only on Lot 1, Block 25 of Cedar Springs Subdivision No.6, and shall not apply to all five lots. 3. That "Owner" and/or "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the "Owner" and/or "Developer", or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This second 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 offìce. This SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-008 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 1 OF 5 second addendum shall be binding on the "Owners" 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" or "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" has fully performed its obligations under this Addendum. 5. 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. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "Owner" and/or "Developer" and "City" relative to the subject matter hereon, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and/or "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second 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 ofthe 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. 7. This addendum shall be effective as of the date herein above written. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-008 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 2 OF 5 A CKN 0 WLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Iv OWNER BY: )-- ~ Robert W. Montgom CITY OF MERIDIAN B~ Mayor Tam Weera. -1-4--pfj SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-008 CEDAR SPRINGS PROFESSIONAL CENTER) . PAGE 3 OF 5 STATE OF IDAHO) : ss: County of Ada, ) On this ~ day of ßáAfÁU , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Lynn A. Brown, known or identified to me to be the person who executed this agreement, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official ",,~~'a'Ç",'tt'~and year in this certificate first above written. " '0. "X.ILO ~... ...." <::;6 ..,...... :.fI ~f'~ :: .o:ç- ... .-LIP ... a f D... ~A~J" -.. '\ ...',' ... A \~.. . .. . ..... .. : . -. .: :*: ,.. : : ... \.V:" ~ .. PUB\.. /. 0 : to . .: ~ðf... .~: f'... » ........ ~ ," f'####-11'8 OF \~ ..,.." "",..........." STATE OF IDAHO) : ss: County of Ada, ) On this :J.Ot day of --.lJJtl)/{ It./ ,2006, before me, the undersigned, a ~ublic in and for said State, personally appeared Robert W. Montgomery, known or identified to me to be the person who executed this agreement, and acknowledged to me that they executed the same. ....".... """""" ".." G~~ SÆ/.l """ :.." i-<fr~.,o~"'. .:c.. ~TIP\ i i ~OTA~~" \ .. : . . :: * . -.- . * : \ .~tr B \.;&c i ~~ I '\ ~ .."1.0 ,:; '.." ""1". to-v ..' ~'" 11 0 F \'0 ..""" """"""'.." IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~ Nota ub'c 0 ah .. Residinga~: . L!Ø;k; I D ç(/.' My CommISSIOn Expues: 3--;27"j {J SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-008 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 4 OF 5 STATE OF IDAHO) : ss County of Ada ) On this 4ih day of Apn , ,2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, ofthe 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. ......- .. '-I G -- . """- In. '.þ:- ..~~.-----::~~ -. (SE4'~~:;"OTJ1.q ;~~.t:.. . ,~ """. .: ~ . . I I . . , I . . ~ : . '.. , I . . \ I . . \ , . .A\'~""- ~/ 9.,- or "'it i;;\{ PJ::,. ~~ 4iI1'.JI'.... Notary Public for Idaho Residing at: fu1d I ~ ,e 1 A I l D Commission expires: 10-11.( , SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-008 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 5 OF 5 EXHm IT A !&s!l Description Of Pro~rv A pared of land being a portion of the SE %, Section 36, T.4N., R.IW., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Beginning at a found IAt" iron pin marking the Southwest comer of said SE l/t, Section 36 (South 1/4 comer), THE REAL POINT OF BEGINNING; thence South 8~19'43" East 462.63 feet (fonnerly South 89°20'51" East), along the Southerly line of said SE 1.4, Section 36, and along the center line of Ustick Road, to a set 5/8" iron pin and cap marking the most Southwesterly comer of those lands excepted from Parcell, as it is described in Quitclaim Deed Instmment No. 99123670, Records of Ada County, Idaho, from which comer a found 3..114" Ada County Engineer Aluminum Cap, monumenting the Southeast comer of said Section 36 bears South 8CJ'19'43" East, 2,199.57 feet, as shown on that certain Record of Survey No. 4958, recorded April 21, 2000, as Instrument No. 100030102, Records of Ada County, Idaho; thence leaving said Southerly line and said center line North 0<r28'24" East, 258.01 feet along the Southerly extension of a an existing North..South fence line, to a slight angle point in said fence line; thence North 01°18'10" East, 105.78 feet along said fence line; thence North 01"59'18" East, 79.41 feet to an angle point in said fence; thence South 88°35'37" East, 4.11 feet along an East-West fence line to a found 5/8 inch iron pin and cap PLS 8248, being an angle point in the Westerly boundary of said excepted lands from Parcel 1 of Instrument No. 99123670; thence continuing South 88°35'37" East, 129.61 feet along a jog in said Westerly boundary of those excepted lands, to a found 1h" iron pin; thence North 01°25'10" East, 886.69 feet (formerly North 01°24'08" East, 886.62 feet), along said Westerly:Iine of those excepted lands, to a set 5/8" iron pin and cap, marking the Northwest comer of said excepted lands, being a point on the Southerly line of the N 1h, SE JA, Section 36, from which point a found 1h" iron pin marking the SE 1/16 comer of said Section 36, bears South 89°14'39" East, 52.99 feet (formerly South 89°15'45" East); thence South 89°14'39" East, 1,596.37 feet (formerly South 8~15'45" East, 1,596.29 feet), along said Southerly line, to a found S/8" iron pin marking the Northeast comer of a parcel of land, as it is described in Book 181 of Deeds at page 67, Records of Ada County, Idaho; thence South 00°51 '23" West, 200.59 feet (formerly South 00°50'16" West), to a found 5/8" iron pin marking the Southeast comer of said parcel of land Book 181, page 67¡ thence South 89"10'45" East, 435.10 feet (fonnerly South 89°12'23" East, 435.18 feet), to a found 5/8" iron pin marking a point on the Westerly right-of-way of Meridian Road; thence continuing South 89°10'45" East, 25.00 feet to a point on the Easterly line of said SEl/4, Section 36, also being the centerline of Meridian Road; . thence North 00°51 '23" East, 1,526.16 feet (formerly North 00°50'16" East) along said Easterly line and said centerline, to a found 5/8" iron pin and cap marking the NE comer of said SE JA, Section 36 (East Y. corner); thence North 8~09'38" West, 25.00 feet (formerly North 89°10'42" West) along the Northerly line of said SE If., Section 36 to a set 5/8" iron pin and cap on said Westerly right-of..way of Meridian Road; thence continuing North 89°09'38" West, 2,655.40 feet along said Northerly line, to the Northwest comer of said SE 1/4, Section 36 (Center 1.4 comer), from which comer a set 5/8" iron pin and cap (a witness comer), bears South 00027'49" West, 15.00 feet; thence South 00°27'49" West, 2,657.96 feet (formerly South 00°26'40" West), along the Westerly line of said SE %, Section 36 to the REAL POINT OF BEGINNING; Containing an area of 100.71 acres, more or less. PARTIES: l. 2. . ~, ,121 . E)(hlba1'. .¡..I d.. ; '. RECORDED"R~D ES10" . ADA COUNTY RECORDER. ' '" ,.I. DAV!D NAVARRa . ~?i"ë.IOAHO ú;,~ FEE~E . U-.6 . IQO2J~ lfl PI13: 2. 10206738.1 MSi!QlIU~ {.;~ 11 .. _..~_._._--.- - DEVELOPMENT AGREEMENT City of Meridian Howell-Murdoch Development Corporation, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this~ day of hz~ ' 2tJ¿;7-. by and between CITY OF MERIDIAN, a municipal co oration of the State of Idaho, hereafter called "CIIT', and HOWELL~MURDOCH DEVELOPMENT CORPORATION, hereinafter called "OWNER"/"DEVELOPER", whose address is 4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713. 1. 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, I.c. §67~6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" or "Developer" make a written commitment concerning the use or development of the subject "Propeny"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11..15~ 12 and 11 ~ 16~4 A, which authorizes development agreements upon the annexation and/or re~zoning of land; and 1.4 WHEREAS, uOwners" and "Developer" have submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of (R~4) Low Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-OO-019) - 1 1.5 1.6 WHEREAS, "Owners" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, inelude responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the - day of , 2002, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated. herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owners" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and - 1.9 "OWNERS" and "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 requests; and 1.10 WHEREAS, "City" requires the MOwners" and "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 condiûons of this development agreement, herein being established as a result of evidence received by DEVELOPMENT AGREEMENT (AZ-OO-O 19) - 2 the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. 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 fonh 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 3.2 3.3 "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 vinue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "OWNER"/"DEVELOPER": means and refers to Howell. Murdoch Development Corporation, whose address is 4822 N. Rosepoint Way. Suite C, Boise, Idaho 83713. the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". . PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada. City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set. forth at length. .. DEVELOPMENT AGREEMENT (AZ-OO-0l9) - 3 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: Construction and development of 264 building lots and 31 other lots/or a residential subdivision. Development shall be consistent with the Meridian Comprehensive Plan Generalized Lane Use Map which designates the property as Single Family Residential. 4.2 No change in the uses specified in this Agreement shall be allowed without m~dification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and "Developer" are not required to submit to "City" an application for conditional use pennit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: A. "Owners. and "Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff, originally provided in their Memorandum dated February 15,2001, as follows: 1. That the Applicant shall provide a minimum of five percent (5%) common open space within the legal description boundaries. This requirement was adopted as part of the new Landscape Ordinance. But since the subject applications were submitted prior to City Council adoption of the Landscape Ordinance, they DEVELOPMENT AGREEMENT (AZ-OO-019) - 4 --- ---- ----- - -- -- -.-.- are technically exempt from the standards in that ordinance. However, if deemed to be in its best interest, the City can impose higher standards than are currently adopted as ordinance as conditions of annexation for any development requesting annexation into the City. 2. The open space shall be exclusive of all street rights.of.way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. Stonnwater detention facilities must be designed in accordance with Section 11.2 of the Landscape Ordinance in order to count toward the open space requirement. Open space may be active or passive in its intended use, and must be accessible by all residents of the subdivision. Cornman open space shall be suitably improved for its intended use. At a minimum, common open space lots shall include one (1) deciduous shade tree per eight thousand (8,000) square feet and lawn, either seed or sod. 3. There is 5.16% useable open space, and the stormwater facilities shall be designed to the standards of Section 11.2 of the Landscape Ordinance. The 5.16% includes the 35.£00t buffer along Meridian Road, the 25.foot buffer along.Ustick Road, and the 25.foot Settlers Irrigation conunon lots along the north propeny line. . 4. Due to the single-family uses abutting the east boundary of Lot 34, Block 1 (proposed as future office use), a minimum 20.foot planting strip, in accordance with City Ordinance 12.4-7.A., is required along the west property line of this lot. 5. A detached sidewalk with a miIÚmwn 5.foot.wide planter strip between the curb and sidewalk shall be reqillred along the Meridian Road frontage. 6. That no subdivision infrastructure improvements can begin until the White Drain Sewer Trunk's easements are .finalized by the City and the trunk construction schedule is finalized with the civil contractor that is awarded the bid. . DEVELOPMENT AGREEMENT (AZ-OO-O 19) - 5 7. 8. 9. .."'- All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confinnation of said approval submitted to the Public Works Department. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9~4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Outside lighting shall be designed and placed so as not to dir~ct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.c. and 12.5-2.M. 10. Two-hundred-fifty- and 10O-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typicalloca.tions are at street intersections and/or fire hydrants. II. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Old. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 12. Off-street parldng shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 for use of property. 13. All signage shall be in accordance with the standards set fonh in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 14. Provide five-foot-wide sidewalks in accordance with City DEVELOPMENT AGREEMENT (AZ-OO-O 19) - 6 .u.-....--... ..--..".- Ordinance Section 12.5.2.K 15. All construction shall confonn to the requirements of the Americans With Disabilities Act. Adopt the ACHD Recommendations as follows: 16. Dedicate 4B.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 warranty deed prior to issuance of a building permit (or other required permits) whichever occurs fllst. Allow up to 30 business days to process the right-Df-way dedication after receipt of all requested material. The owner will be compensated for all right.of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 17. Dedicate 4B-feet of right.of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pennit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-or-way dedication after receipt of all requested material. The owner will be compensated for all right-or-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. lB. Any existing or proposed irrigation facilities on U stick Road and Meridian Road showd be located outside of the new right-of-way. 19. Construct two main entrances on Meridian Road located 270-feet north of the south propeny line, and 300-feet south of the north property line, as proposed. The roadway entrances shall be designed with miIúmum 21-foot street sections on either side of a DEVELOPMENT AGREEMENT (AZ-OO-019) - 7 20. 21. center median. The median shall be constructed a minimum of 4-feet wide to total a minimum of a IOO-square foot area. The applicant is proposing to construct two outbound lanes and one inbound lane with a median, within 64-feet of right-of-way. Construct center turn lanes on Meridian Road for the main entrance intersections. The turn lanes should be constructed to provide a minimwn of I DO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. Construct a 5.foot wide concrete sidewalk on Meridian Road abutting the entire parcel, located 2-feet within the new right-of. way. Coordinate the location and elevation of the sidewalk with District staff. 22. Construct one main entrance on Ustick Road located at the west property line, as proposed. The proposed entrance is located in conformance with District policy, and the applicant shall construct Venable Lane as one half of a 36.foot street section, plus 12.feet of additional pavement within 42-feet of right-of- way. The applicant is not proposing to construct a median at this entrance. 23. Construct a center turn lane on Ustick. Road for the main entrance intersection. The turn lane shall be constructed to provide a minimum of IOO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 24. Construct a 5.£00t wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2-feet within the new right-of. way. Coordinate the location and elevation of the sidewalk with District staff. 25. Construct the segment of Ashton Drive from Meridian Road to Elsmore Avenue as a residential collector street with no front-on housing, because the anticipated traffic volumes exceed 1,000 DEVELOPMENT AGREEMENT (AZ-OO-O19) - 8 26. vehicle trips per day. District policy requires that this street segment be constructed as a 36~foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right- of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment should be stated on the final plat. Construct the segment of Ashby Street from Meridian Road to Alexis Avenue as a residential collector street With no front~on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right- of-way. Due to the fact that Ashby Street abuts the south property line, the applicant should only be required to construct one half a 36-£00t street section plus 12 additional feet of pavement within 42 feet of right-of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment shall be stated on the final plat. 27. Construct three stub streets to the north, as proposed. The applicant should not be required to provide paved temporary turnarounds at the end of the stub streets because the stubs are less than 150-feet in length. The applicant should be required to install signs at the tennini of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streetS with District staff. The proposed stub streets are located: . Between Lot 1, Block. 15 and Lot II, Block 18 . Between Lot II, Block 15 and Lot 1, Block 13 . Between Lot 8, Block 13 and Lot 2, Block 10 28. Construct Ashton Lane from Meridian Road to the proposed Venable Lane. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than 150~feet in length. The applicant shall be DEVELOPMENT AGREEMENT (AZ~OO-0l9) - 9 29. 30. 31. 32. 33. required to install a sign at the tenIÚnus of the proposed Ashton Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. . Construct Ashby Street from Meridian Road extending 1,400 feet west to the proposed Alexis Avenue and from Greenwich Avenue extending 1,400 feet west to the proposed Venable Lane as a 29- foot street section within 50.feet of right-of~way, as proposed. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than ISO-feet in length. The applicant shall be required to install a sign at the tenninus of the proposed Ashby Street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Construct Venable Lane as a locaVcommercial street. The applicant shall construct Venable Lane from Ustick Road to the north property line of the school lot as one half of a 40-£00t street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right-or-way. To the north of the school site Venable Lane shall be constructed as a 36-foot street section. Any proposed landscape islands/medians within the public right. of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. The applicant should be required to construct all public roads within the subdivision as 36-£00t street sections with curb, gutter, and 5-£00t wide concrete sidewalks within 50-feet of right-of-way. The public streets within the subdivision shall be located to align or offset a minimum of 125.feet (centerline to centerline). It appears that the street layout is in confonnance with District policy. . DEVELOPMENT AGREEMENT (AZ-OO-0l9) ~ 10 34. 35. 36. 37. '--~._- . -. The turnarounds shall be constructed to provide a minimum turning radius of 45.feet. Provide a $30,000 deposit to the Public Rights.of.Way Trust Fund for the cost of one-quaner of a traffic signal at the intersection of Ustick Road and Meridian Road. Other than the proposed public streets, direct lot or parcel access to Ustick Road and Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Comply with the Standard Requirements (9) listed in ACHD's Planning and Development Division Development Application Report dated December 12, 2001. Adopt the Recommendations of the Meridian Fire Depanment as follows: 38. 39. 40. That a fire. flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' part. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the Meridian Water for water quality. 41. Final approval of the rue hydrant locations shall be by the Meridian Fire Department. 42. All radii shall be 28' inside and 48' outside radius. 43. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. DEVELOPMENT AGREEMENT (AZ.OO-019) - 11 Additionally, the applicant shall comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 45. 46. 47. 48. 44. Based upon testimony, and the widely recognized need for infrastructure improvements in the North Meridian Planning area sooner, rather than later, especially as it respeCts large developments, the Owner/Developer, as a condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning area agreements negotiated with ACHD and shall faithfully perfonn the terms of such agreement or agreements. That no building pennits shall be issued until the sewer is constructed and connected to the Wastewater Treatment Plant. The Parks Department agrees to pay for four feet of the road on the northern boundary which abuts the City park, and pay for the curb and gutter for a total cost of approximately $13,50D.OO, per ACHD. Applicant shall be responsible to construct sewer mains to and through the proposed development which shall include stubbing to the south boundary of the development. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. That the Developer shall extend Venable Lane. north from Ustick Road, and dedicate their one.half of Venable Lane on the east side to provide a full residential collector wide street from Ustick to the north, and which will line up with the existing Venable Lane property. DEVELOPMENT AGREEMENT (AZ-OO-OI9) - 12 7. COMPLIANCE PERJODI CONSENT TO REZONE: This Agreement and the commitments contained herein shall be tenninated, and the zoIÙng designation reversed, upon a default of the "Owners" and "Developer" or "Owners" and "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Govenúng Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.c. §67.6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE.ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners" and "Developer" consent upon default to the de. annexation and/or a reversal of the zolÚng designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and "Developer" and if the "Owners" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owners" and "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 pomon thereof in accordance with the terms and condiûons of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event '~Owners" and"Developer", "Owners" and "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 DEVELOPMENT AGREEMENT (AZ-OO-O19) - 13 modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" and "Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and "Developer"'s cost, and subnùt proof of such . recording to "Owners" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and 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. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and "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 perfonnance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching patty's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty DEVELOPMENT AGREEMENT (AZ-OO-O 19) - 14 (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, 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. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the patty 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. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that installation of the improvements, which the "Owners" and '~Developer" agrees to provide, if required by the "City". . 15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" and "Developer" have entered into an addendum agreement staring when the improvements will be completed in a phased developed; and in any event. no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". . 16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Propeny" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ-OO~OI9) - 15 17. 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: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Howell-Murdoch Development Corporation 4822 N. Rosepoint Way, Suite C Boise, Idaho 83713 . with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other patty a written notification thereof in accordance with the requirements of this section. 18. ATIORNEY 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 coun 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 swvive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The panies 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 perfonTI 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 (AZ-OO-O19) - 16 . ..-.-.. ---...- . u. .- 20. 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 of the "Propeny", 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 "Propeny", 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 benefitted and boW1.d by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owners" and "Developer", to execute appropriate and recordable evidence of tennination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and "Developer" has fully perfonned its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a coun 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. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and "Developer" and "City" relative to the subject matter hereof, and there are . no proIIÙses, agreements, conditions or understanding, either oral or written, express or implied, between "Owners" and "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". 22.1 No condition governing the uses and/or .conditions governing development 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 DEVELOPMENT AGREEMENT (AZ-OO-019) - 17 amendment in force at the time of the proposed amendment. . 23. EFFECTNE 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 "propeny" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-OO-O 19) - 18 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPMENT: HOWELL-MURDOCH DEVELOPMENT CORPORATION, DEVELOPER B~~~ VIN HO LL, PRESI ENT CITY OF MERIDIAN By:~1-e-. ~ ; MAY; R ROB RT D. CORRIE DEVELOPMENT AGREEMENT (AZ-Oo-O19) - 19 STATE OF IDAHO) COUNTY OF ADA) :ss On this ¿ '11. day of M'Y ' in the year 2002, before me, f..Avl'y n. &.1 Itn-l\ a Notary Public, personally appeared Kevin Howell, known or identified to me to be the President of Howell-Murdoch Development Corporation, who executed the instrument on behalf of said corporation and acknowledged to me that he executed the same on behalf of said corporation, ~ (S~~O1AJt¡. I . * \ -.- * i ! ò 1 . ~vn' \ i ~. ./.0. ~ ..< ,'$ ~I 1'.t °' \v' !t" STATE OF IDAHO " ) :ss County of Ada } On this 4- +h day of ~, in the year 2002, before me, a Notary Public, personally appeared Robert D, Corrie and William G, Berg, know 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 instrwnent of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ........ ~. N .. . ....,,-- !to .+ "é>~~~ . :CQr~ --..rc.¡:¡. \ . . . . : \ : 11 . 11_. .No"~/Ã>.l ..q.,..:.-_..~R'.. ..:"4OP »'-.. -.....- $haJwJ Snt'1fv Notary Public for Idaho Commission expires: O'/-Z-g-os DEVELOPNIENT AGREEMENT (AZ-OO-O19) - 20 ADA COUNI'Y RECORDER J. DAVID NAVARRO I!!'<¡J\-. a -':..L \It' BOISE IDAHO 05110105 02:08 PM ~ n"""'" L. DEPIITY VlGti AliBI RECORDED-REQUEST OF Meridian Cily AMOUNT .00 7 \"'- / FIRST ADDENDUM TO 4.1 "USES PERMITTED BY THIS AGREEMENT" OF THE DEVELOPMENT AGREEMENT (CASE NO. AZ-OO-O19 FOR NEW CASE NO. Rz-O3-013) The following is an addendwn to that certain Development Agreement between the City of Meridian and Howell-Murdoch Development Corporation, and specifically to section 4.1 Uses Pennitted By This Agreement on page 4 of the Development Agreement, which is subsequent to entering into of the original Development Agreement dated May 6, 2002, and recorded in the Ada County Recorder's office as Instrument No. 102067381. The parties hereto agree as follows: A. The Development Agreement dated May 6,2002, as it pertains to Uses Permitted By TIùs Agreement, is amended to read as follows: Construction and development of 264 building lots and 31 other lots for a residential subdivision, carwash, coffee stand/kiosk, fuel pumps and office uses. Development shall be consistent with the 2002 Meridian Comprehensive Plan Generalized Land Use Map, which designates the property as "Mixed Use-Community" and "Medi1.im Density ResidentiaI." B.' It is agreed between the City and Developer that the development project of Cedar Springs Professional Center shall be fully incorporated into the original development agreement with Howell-Murdoch Development Corporation, and shall include the 5.51 acres with a C-N zoning. Additionally, the conditions and the specific uses that were allowed within the original development agreement, which is attached hereto and by this reference incorporated herein as if set forth in full and consisting of forty-eight (48) pages, shall apply to the Cedar Springs Professional Center. Therefore, the "Developer" shall comply with the following additional conditions as follows; A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Service Planning Area. Essential City services will be made available to the subject property. 'First Addendum to Development Agreement Page 1 of 7 B. 3. Any existing domestic wells and/or septic systems witmn this project will have to be removed. fÌ'om their domestic service, per City Ordinance Section 5-7-517, when services are available tram the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the Recommendations of ACHD as follows: 1. Construct Venable Lane as one-half of a 40~foot street section with curb, gutter, 5~foot concrete sidewalk on the east side of Venable Lane and a minimum of24-feet of pavement within 40-feet of right-of-way. 2. Construct a 30-foot shared curb return type driveway that intersects Venable Lane approximately 270-feet north of Us tick Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement oithe roadway and install pavement tapers with 15~ foot radii abutting the existing roadway edge. 3. Construct a 48-foot shared curb return type driveway with an 8-foot center island within it that intersects Ustick Road approximately 140-feet west of the east property line, as proposed. Pave the driveway its full width and at least 30~feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. . 4. Other than the Access point that is specifically approved with this application, direct lot access to Ustick Road is prohibited. Access restrictions will be required to be noted on the final plat. 5. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right~of- way. 2. All utility relocation costs associated. with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387~6280 (with file number) for details. First Addendum to Development Agreement Page 2 of 7 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and constroction shall be in ~ordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction SerVices procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (l-800-342-1585) at least two full business days prior to breaking ground within ACHD right-or-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenDS and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written continuation of any change from the Ada County Highway .District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest . advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. First Addendum to Development Agreement Page 3 of 7 C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Deparbnent. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. Additionally, internal fire hydrants .will be required for the project. 4. The phasing plan may require that any roadway greater than ISO' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrances and internal roads shall have a turning radius of 28' inside and 48 ' outside. 6. Operational fire hydrants and access roads are required before combustible constmction begins. 7. All building uses and processes 'to comply with the fire code in effect at the time of constnJction. 8. No vertical obstructions or matUre landscaping which obstrUctions the outlets of the fire hydrant witlún 10'. 9. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 10. All fire lanes shall have a clear driving suñace which is20' wide available at all times. D. Adopt the conditions of Sanitary Service Company as follows: 1. Design the enclosure per the standard recommendations of SSC for access, gates, floor/pad, container stops/bwnpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. E. Adopt the action of the City COlUlcil taken at their March 16, 2004 meeting as follows: For clarification: 1. The revised SiteILandscape Plan (Sheet L-I, by Jensen Belts) is dated 3/8/04. The CUP shall also reflect this revised plan. First Addendum to Development Agreement Page 4 of 7 c. 2. The new fuel island canopy elevations sheet (by LAB Architect) is dated October, 2003. The CUP shall also reflect the revised sheet in Condition #6 of the Recommendations. 3. The revised Site/Landscape Plan reflects most of the modifications required, but the Plan does !!!l! reflect the following: a) a detached sidewaJk on Ustick Road (PP condition #2) b) right-of-way landscape improvements adjacent to Ustick; Road (pP condition #8.b.) . c) parallel parking stall change (CUP condition #7, page 2) 4. The above modifications (3 above) must be made during the Final Plat and/or CZC approval process. s. The proposed school site is presently conceptual, as the school district has not decided on a layout as of yet. 6. Hours of operation for the drive-through coffee stand shall be from 6:00 a.m. to 8:00 p.m. HollIS of operation for the car wash (no more than three (3) vacuums allowed), and two (2) fuel pumps shall be allowed as a 24 hour operation. Hours offuel delivery and refrigerated truck operation shall be from 7:00 a.m. to 6:00 p.m. The decibel levels generated at the site shall be required to comply with Meridian City Code 6-3-6. 7. The developer shall also be required to comply with all the conditions set forth in the corresponding applications, which are PP-03-044 and CUP-03- 067. Except as modified by this Addendwn, the Development Agreement between the parties dated May 6, 2004, is hereby r~tified and confirmed. IT IS SO AGREED. First Addendum to Development Agreement Page 5 of 7 '# ~ DATED AND SIGNED this 28 -t:,A day of ~I '2 County of Ada, ) On this õú?>~ day of ~. , , 2004, before me, the undersigned Notary Public, personally appeared Kevin Howell, known or identified to me to be the President of Howell-Murdoch Development Corporation, who executed the instrument on behalf of said corporation and acknowledged to me that he executed the same on behalf of said corporation. .," , ~\IIII'U"" "/ I" ',:..: "..;: ,t9,,~~~\lIt AL8 ~~~~' : :, l~':.""""'~{>~ ' §'...~'i'O:\A.o "".. v~ (SEAJJ~! <= or)..-;. ~~ i3 ~ : ' -- : = '" .. - - = "'. - = % ctJ;..~{j8\.'~..~f! - ~~¡"'öf'\~~ , '.~" Attest: Byr=:l/~ ~A City Clerk STATE OF IDAHO ) : ss , ZfJrJZtZ-ß () ç. CITY OF MERIDIAN BY/{ '¡q ~~/ otary Publli;. for daho Residing at:~& . ...Lt) Commission Expires: 1f -..)~-Ú) IIIq First Addendum to Development Agreement Page 6 of 7 . ". . STATE OF IDAHO) : ss County of Ada, ) On this :s,J day of Mall, if:[, before me, the undersigned Notary Public, personally appeared Tammý de Weerd and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. ~c.~ (SEAL) '~~~'TA ~.. .0.ltJo- : ~ -.- *5 ÞUB\"\C I tP2I. .. .,.'? , <r;., ..." to-' , 1'8 OF \'Ç) ...", .~ ""'111".' Z:\WorklM\Maidian\Meridian IS360M\Cedar Srpings Professional Center RZ-O3-o1J PP-O3..044 CUP-O3-067\First Addendum to VAdoc ' First Addendum to Development Agreement Page 7 of 7 ., -'". ~ ( r-f¡vt?f ~-- (}_ØÁ- )t (f BEFORE THE MERIDIAN CITY COUNCIL C/C August 23, 2005 IN THE MATTER OF THE APPLICATION FOR LYNN BROWN TO MODIFY THE APPORVED DEVELOPMENT AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER LOCATED AT THE NORTHEAST CORNER OF VENABLE LANE AND WEST USTICK ROAD ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. MI-O5-008 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION This matter coming before the City Council for Miscellaneous Application approval pursuant to Meridian City Code § 12-3- 1. B to modify the approved development agreement for Cedar Springs Professional for Lynn Brown, and the Council finding that the Adnllnistrative Review is complete from Brad Hawkins-Clark, Principal City Planner, for the Planning and Zoning Department, dated: Hearing Date: August 23,2005 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: 1. The subject application by Lynn Brown, is approved subject to those conditions of Staff comments as set forth in the memorandum to the Mayor ORDER OF CONDmONAL AFPROY AL OF MISCELLANEOUS APPLICATION TO MODIFY THE APPROVED DEVELOPMENT AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER FOR LYNN BROWN (MI-O5-O08) Page 1 of 3 and City Council, fÌom Brad Hawkins-Clark, Principal City Planner, for the Planning and Zoning Department, dated: Hearing Date: August 23, 2005, a true and correct of which is attached hereto marked Exhibit "A" and , consisting of 4 pages, and by this reference incorporated herein, and the response letter from Central District Health Department, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The Record of Survey (RaS) upon which there is contained the certificate and signature of the City Engineer verifying that the drawing meets the City's requirements shall be signed only at such time as: 1. The ROS dimensions are approved by the City Engineer and; 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO MODIFY THE APPROVED DEVELOPMENT AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER FOR LYNN BROWN (MI-O5-008) Page 2 on request for a regulatory takings analysis wiU toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision 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. By action of the City Council at its regular meeting held on the f) 3'rrA day of AU9U66 .2005. Attest By;J City Clerk's Office Dated: g -2u-OS ORDER OF CONDITIONAL APPROY AL OF MISCELLANEOUS APPLICATION TO MODIFY THE APPROVED DEVELOPMENf AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER FOR LYNN BROWN (MI.O5-008) Page 3 of 3 MAYOR Tarwuy de Wccrd / clfe;;dl~ CITY HALL (208) 888-4433 - Fax 887-4813 PI.JBLIC WORKS BUILDING DEPARTMENT (208) 887.2211 - Fax 898.9551 CITY COUNCIL. MEMBERS Keith Bird Christine Donnell Shnun Wardle Charles M. Rountree PLANNING DEPARTMENT (208) 884-5533 - FAX 888-6854 MEMORANDUM: City Council Hearing Date: August 23, 2005 Transmittal Date: August 18, 2005 To: Mayor and City Council Brad Hawkins-Clark, Principal City Planner ~e.... From: Subject: Cedar Springs Professional Center - Development Agreement Request for Miscellaneous Application to Modify Conditions in the Development Agreement for Cedar Springs Professional Center, by Lynn A.Brown (File No. ~~~ . Staff has reviewed the above referenced submittal and offers the following comments: APPLICATION BACKGROUND & SUMMARY The applicant, Lynn A. Brown, has submitted a Miscellaneous Application (MI) to amend the recorded Development Agreement (First Addendum, Instrument #105058639) for the Cedar Springs Professional Center. The property is legally described as Block 25 of Cedar Springs Subdivision No.6 and is located at the northeast comer ofW. Ustick Road and N. Venable Lane. The original Development Agreement (DA) was entered into on May 6, 2002, as part of the Cedar Springs Subdivision annexation (File #AZ-00-019). A First Addendum to that DA was approved by City Council on May 3,2005, as part of the Cedar Springs Professional Center rezone and conditional use pennit (File #RZ-O3-013). This application is proposing a Second Addendum to the DA. Parties to the existing DA are Howell-Murdoch Development Corporation (represented by Kevin A. Howell) and the City of Meridian. Since the last DA was recorded, the subject property was sold and is now under new ownership. The original DA (Instrument #102067381) restricted use of the property to single family residential OIÙY. It was restricted OlÙY because of the R-4 zoning approved with the annexation and rezone application. The purpose of the First Addendum earlier this year was to allow the new uses that were approved under the Cedar Springs Professional Office rezone MI-OS-OO8 Exhibit "A" Pag~ 1 (Neighborhood Commercial) and conditional use permit to be constructed in the subdivision (carwash, coffee stand/kiosk, fuel pumps and office). The purpose of this Second Addendum is to request a modification to two sections of the First Addendum regarding new land uses and hours of operation. Staff recommends a?proval of the applicant's reQuest to amend the Development Agreement, with modifications as proposed below. . OWNER OF RECORD The owner of record for the subject property is Robert W. Montgomery. He submitted notarized consent for the subject application to be submitted by Lynn A. Brown. STAFF ANALYSIS As noted, both the original DA and the First Addendum simply referenced land uses that were approved with the applications submitted with the annexation and rezone applications - residential only for the original DA and a carwash, coffee kiosk and offices for the second DA. The use restrictions were included in the First Addendum at the request of the applicant, even though the C-N zone was approved and would have allowed a much broader range of uses without the DA. At the time, Howell Murdoch did not anticipate any other uses other than what the conditional use permit site plan showed and, therefore, did not oppose to the DA restrictions. Proposed Amendments C-Store: The new owner (Montgomery) is now proposing to remove a carwash bay on the south end of the carwash structure to construct a convenience store (approx. 1,800 sq. ft.). The building square footage, parking, fuel pumps, vacuums locations and most other site plan features would remain as approved under the CUP application. All subdivision infrastructure improvements are already constructed. As proposed, the DA amendment would affect all five lots (the carwashlkiosk lot and the four office lots) and, wùess modified, would allow a1llots to have C-stores and 24-hour operations. Staffs understanding from the applicant, though, is that the C-store is currently only proposed on Lot 1, Block 25 and they are not seeking to allow C-stores on any other lots. This should be clarified at the meeting. Hours of Operation: The applicant is also proposing the C-store be permitted to operate as a 24-hour operation. The First Addendwn and conditional use pennit include the following restrictions on hours of operation within Cedar Springs Professional Center: . Drive-through coffee stand - 6:00am to 8:00pm . Carwash and fuel pumps - 24 hours . Fuel delivery and refrigerated truck operation - 7:00am to 6:00pm MI.OS-OO8 Exhibit "A" Page 2 So, since the existing DA and CUP already allow the carwash and fuel pumps to operate for 24 hours, if this MI application is approved, the only change to the hours of operation would be adding the C-store as also being pennitted to operate for 24 hours. Staff believes there are three main questions that the City Council should address in reviewing this application: 1. Was there neighborhood opposition and/or concern to retail or C-store uses during the original Cedar Springs Professional Center public hearings? Staff reviewed the minutes from both the P&Z Commission and City Council public hearings for the Cedar Springs Professional Center RZ and CUP applications. Mr. Joe Simunich, property owner on the south side of Ustick Road, was the only neighbor to testifY at the P&Z Commission hearing. He opposed the office and auto- oriented uses adjacent to an elementary school. He also stated his preference for residential uses and that a carwash is not needed in this part of the city. Mr. Simunich and Mr. Bill Jackson both testified at the City Council hearing. Mr. Simunich repeated his concerns and Mr. Jackson agreed. Mr. Jackson also encouraged the City Council to not commingle fuel dispensing with residences and schools. There were specific references to C-stores made during the March16, 2004 City Council meeting. These references are quoted below: . Councilman Wardle: I would just like to say, as far as the commercial development and the level of commercial, we are certainly not looking at a Maverick convenience store. We are looking at several smaller commercial entities, a car wash, and what Iperceive to be a gas card fuel pump center, which would have probably much less impact than a convenience store, and so I see that as meeting the needs of the Comprehensive Plan. . Councilman Bird: I would echo that. . Councilman Nary: I guess on that same line, Anna, I think I heard Mr. Fluke say that this was the lowest intense use of zoning for the commercial zoning. I mean, is a C-store even allowed in that type of zone. . .? . Powell: I believe it actually is. (They are permitted without a CUP in the C-N zone) So, while the City Council did not specifically request C-stores be prohibited by the DA, it could be inferred that the Council gran~ed the C-N zone and CUP with the understanding that a C-store was not being proposed and this made them more comfortable with the approval. 2. Do the proposed DA modifications conform with the Zoning Ordinance and Comprehensive Plan? MI~O5-008 Exhibit "A" Page 3 Zoning Ordinance ~ Both the pending Unified Development Code and the existing Schedule of Use Control allow Convenience Stores as a permitted use. Other retail uses are conditional. The ordinance does not address 24-hour operations directly. These are incorporated into the general operating standards of each zone which address neighborhood compatibility and other general noise and light standards. Comprehensive Plan - The Future Land Use Map designates this area as Mixed Use-Community and as a Neighborhood Center. The intent of the area is to function as an activity center where residents within a one to two mile radius can obtain daily services. Chapter VII (page. 98) of the Comprehensive Plan does list convenience store-type uses as being encouraged in these centers and meet the intent of this policy. 3. Is a C-store an appropriate use adjacent to a future elementary school? On August l1h, Staflspoke with Wendell Bigham of Joint School District No.2 and asked for any comments on the subject application.. Mr. Bigham said the District has addressed this issue in other areas and does not oppose this type of use. Idaho Code 23-303 does prohibit liquor stores or distribution stations within 300 feet of schools. The proposed C-store would exceed this distance. Idaho Code 67-6533 also prohibits sexually explicit and obscene materialfrom being sold within 2,500 feet of schools. It is not clear from the application if this type of material would be available at this location. It is unclear as to the specific amount of traffic the proposed C-store would generate. ACHD does calculate higher traffic volumes from a C.store than a cm'wash. This would especially tme if the C-.store was approved for a 24-hour use. STAFF RECOMMENDATION If this application is approved as submitted, a new condition will be added to the DA which adds C-store as a permitted use. Staff generally supports the proposed.change. However, we do recommend a restriction that the C-store use and 24-hour operation be allowed only on Lot I, Block 25 of Cedar Springs Subdivision No.6, and not apply to all five lots. The City Council has the option of preserving all, some or none of the existing DA conditions. Please note that if the Council chooses to approve this application, there would be no conditions of approval. It is solely a request to amend the existing DA. MI-O5~OO8 Page 4 Exhibit "AI>