Copper Canary H-2022-0009 DA (2022-048293) ADA COUNTY RECORDER Phil McGrane 2022-048293
BOISE IDAHO Pgs=27 ANGIE STEELE 05/19/2022 09:42 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. East River Valley Street,LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this
18th day of May , 2022, by and between City of Meridian, a municipal corporation of
the State of Idaho, hereafter called"CITY", whose address is 33 E. Broadway Avenue,Meridian,
Idaho 83642 and East River Valley Street,LLC, an Idaho limited liability company, whose
address is 2832 State Street, Carlsbad, CA 92008, hereinafter called "OWNER/DEVELOPER."
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a
certain tract of land in the County of Ada, State of Idaho, commonly known as
2590 N.Eagle Road,Meridian,Idaho,83646,and described in Exhibit"A,"
which is attached hereto and by this reference incorporated herein as if set
forth in full, hereinafter referred to as the "Property;" and
1.2 WHEREAS,Idaho Code § 67-6511 A provides that cities may,by ordinance,
establish provisions governing the creation, form,recording, modification,
enforcement and termination of development agreements required or
permitted as a condition of zoning that the Owner/Developer make a written
commitment concerning the use or development of the Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 1.1-5B-3 of the Unified Development Code ("UDC"), which
authorizes development agreements and the modification of development
agreements; and
1.4 WHEREAS, Owner/Developer has submitted an application for
development agreement modification to remove the property listed in
Exhibit"A" from an existing Development Agreement recorded in Ada
County as Instrument#104129529, and for the inclusion of the Property
into this new Agreement, which generally describes how the Property will
be developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the duly noticed
public hearings before the Meridian City Council, as to how the Property
will be developed and what improvements will be made; and
DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 1 of 12
1.6 WHEREAS, the record of the proceedings for requested development
agreement modification held before the City Council includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 26ffi day of April, 2022, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order("Findings"), which have been incorporated into this Agreement and
attached as Exhibit"B"; and
1.8 WHEREAS, Owner/Developer deems 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
1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject
to the terms of the existing Development Agreements (Instrument
#104129529) and shall be bound by the terms contained herein in this new
agreement.
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement modification 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
from government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure the existing
C-G (General Retail and Service Commercial) zoning designation is in
accordance with the amended Comprehensive Plan of the City of Meridian on
December 17, 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.
3.2 OWNER/DEVELOPER: means and refers to East River Valley Street,
DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 2 of 12
LLC, whose address is 2832 State Street, Carlsbad, CA 92008, the party
that owns said Property and shall include any subsequent owner(s) of the
Property.
3.3 PROPERTY: means and refers to that certain parcel of Property located in
the County of Ada,City of Meridian as described in Exhibit"A"describing a
parcel to be removed from existing Development Agreement recorded in Ada
County as Instrument# 104129529,with such parcel being bound by this
new Agreement, which Exhibit"A" is 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 as permitted, conditional and/or accessory uses 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. Owner/Developer shall develop the Property in accordance with the
following special conditions:
a. Development of the Property shall no longer be subject to the terms
of the Development Agreement recorded as Instrument No.
104129529.
b. Development of the Property shall be generally consistent with the
conceptual development plan depicted on Exhibit"C", attached
hereto, and the provisions contained herein.
c. Owner/Developer shall make application for administrative Design
Review. Future development shall comply with the structure and site
design standards listed in the Architectural Standards Manual.
Strict design review of all four sides of the remodeled existing
building is required.
d. The existing direct access to the Property via N. Eagle Rd./SH-55 shall
continue until vehicular access to the north across the South Slough and to N.
Eagle Rd./SH-55 or to the south to E. River Valley St. is provided. At such
time, the temporary access to Eagle Rd./SH-55 shall be removed and the
street buffer landscaping adjacent to Eagle Road shall be completed
consistent with the UDC standards.
e. The drive aisle on the east side of the Property shall terminate at the south
boundary of the Property as an emergency vehicle access. Access will be
restricted by a gate that will allow for emergency vehicle access. The
Owner/Developer shall coordinate the design of the gate with the Meridian
DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 3 of 12
Fire Department. However, if the adjacent property to the south develops
with a commercial use, emergency access shall terminate and a through
access shall be provided. Cross-access easements shall be granted to the
properties to the north and to the south and recorded copies of the easements
shall be submitted to the Planning Division with the Certificate of Zoning
Compliance application.
f. A Certificate of Zoning Compliance and administrative Design Review
applications shall be submitted to and approved by the Planning Division
prior to submittal of a building permit application(s).
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings 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, Owner/Developer shall have thirty(30)days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default,which action must be prosecuted with diligence
and completed within one hundred eighty(180) days; provided, however,
that in the case of any such default that cannot with diligence be cured
within such one hundred eighty(180)day period,then the time allowed to
cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured
after notice 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 designation described herein, 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/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
DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 4 of 12
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.
10. 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 agrees to
provide, if required by the City.
11. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
if 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.
12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide
by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
13. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
East River Valley Street,LLC
2832 State Street
DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 5 of 12
Carlsbad, CA 92008
13.1 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.
14. 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.
15. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
16. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer,each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,has
determined that Owner/Developer has fully performed its obligations under this Agreement.
17. 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.
18. 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.
19. 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.
20. 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 statedherein.
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
DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 6 of 12
adopted ordinance or resolution of City.
20.1 No condition governing the uses and/or conditions governing the Property herein
provided for can be modified or amended without the approval of the City Council
after the City has conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or amendment in force at thetime
of the proposed amendment.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the Findings and execution of the Agreement by the
Mayor and City Clerk.
[end of text; signatures, acknowledgements, and Exhibits A, B and C follow]
DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 7 of 12
IN WITNESS WHEREOF, the parties have herein executed this Development
Agreement and made it effective as hereinabove provided.
OWNER/DEVELOPER:
East River Valley Street,LLC, an Idaho
limited liability company
By:
Perry Coles)Member
CITY OF MERIDIAN ATTEST:
By: By:
Mayor Robert E. Siniison 5-18-2022 Chris Johnson,City Clerk 5-18-2022
STATE OF IDAHO )
ss:
County of Ada ]
On this day of _ 2022, before me, the undersigned,a Notary Public in and for said
State,personally appeared ! --- known or identified to me to be the
of East River Valley Street,LLC and the person who signed above and acknowledged
to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for
Residing at:
My Commission Expires:
DEVELOPMENT AGREEMENT-COPPER CANARY H-2022-0009 Page 8 of 12
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of S/4-fy l,
On ,SAY // 26 ?- 2 before me,
Date Here Insert Name and Title of the Officer
personally appeared / � `/ c &
Nome(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity
upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PEf2�•lrnder the
ELENA NAVEDO ALVAREZ laws of the State of California th the foregoing
Notary Public•California paragraph is true and A— L
f San Diego county
Commission t 23l1ii0 WITNESS my hand an
y � "9 Comm.Expires Jan 5,2026
Signature
Place Notary Seal and/or Stamp Above Signa of tary Public
OPTIONAL
Completing this information can cleter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: bZG�/�i�2��7f ✓EE✓�? c7t7
Document Date: MAY -2 d 21 Z Number of Pages.,
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: F Signer's e:
❑CorporaLe Officer 4 I le(s): U Corp c le 01ficer- Ti50Atto
❑ Partner- D Li d General C] P ner - t] Limite neral
❑ Individual a Akla' In PpC4 11diVFCluei y in Fac❑ Trustee O rdiari r Conserwa#o� Trustee rdian or C serwitor
❑ Other.' _ ❑ Other;
Signer is Representing: Signer is Representing.
;.2019 National Notary Association
M1304-09(11/20)
STATE OF IDAHO )
: ss
County of Ada )
On this 18th day of May ,2022,before me,a Notary Public,personally appeared
Brad Hoaglun and Chris Johnson, known or identified to me to be the Council President 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.
Cha J1�oz)LIQ G4
C H A R L E N E WAY Notary Public for Idaho COMMISSION No. 67390 Residing at: Meridian, 14oi
NOTARY PUBLIC Commission expires:_3-28-2028
STATE OF IDAHO
DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 9 of 12
Item#11.
EXHIBIT "A"
Legal Description of the Property
A portion of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 Fast,
Boise Meridian,more particularly described as follows;
Commencing at the Northwest corner of the Southwest quarter of the Northwest quarter of Section 4,
Township 3 North, Range t East, Boise Meridian,Ada County,ldaho;thence
South along the West line of said Section 4,a distance of 433.62 feet to the Real Paint of Beginning;thence
South 53'40' East 231.00 feet to a point;thence
North 83'50' East 114.57 feet to a paint;thence
South 218.05 feet to a point;thence
West 300.00 feet to a point on the West line of said Section 4;thence
North 342.64 feet to the Paint of Beginning.
Excepting a 25 foot strip on th a West side for highway right-of-way.
Also Excepting a parcel of land being on the Easterly side of the centerline of State Highway No. 55(Eagle
Road), Project No. NH-F-3271(037)Highway Survey,as shown on the plans thereof now on file in the office of:
the Idaho Transportation Department,and beinga portion of the Southwest quarter of the Northwest quarter
of Section 4,Township 3 North, Range 1 East, Boise Meridian, described as follows to-wit;
Commencing at the Northwest corner of the Southwest quarter of the Northwest quarter of Section 4,
Township 3 North, Range I East, Boise Meridian that bears North 89-23'47" West 0.34 feet from Station
t 55+31.73 of said State Highway No.55 (Eagle Road), Project NH-F-3271(037)Highway Survey;thence
South 0,3613" West(shown of record to be South)along the West line of said Southwest quarter of the
Northwest quarter a distance of 765.43 feet (shown of record to be 77626 feet)to the Southwest corner of
the tract of land as described in that certain Warranty Deed dated January 24,1 975, recorded January 24,
1975,as Instrument No. 912958. records of Ada County,Idaho,said corner beinga point in the centerline of
said State Highway No. 55,that is coincident with Station 147+66.31 of said Highway Survey and being the
Real Place of Beginning;thence
South 89'23'47" East(shown of record to be East)along the South line of said tract of land 70.0 feet to a
point in a line parallel with and 70.0 feet Easterly from the centerline and bears South 89'23'47" East from
Station t 47+66.31 of said Highway Survey,thence
North 0'36'1 3" East along said parallel line a distance of 291.05 feet to a point in the Northerly line of said
tract of land and being opposite Station 150+57.35 of said Highway Survey;thence
North 53'03'47" West (shown of record to be North 53'40'West)along said Northerly line 86.89 feet to the
Northwest corner of said tract of land,said corner being a point in the West line of said Southwest quarterof;
the Northwest quarter,said West line being coincident with the centerline of said State Highway No. 55,and
said point being coincident with Station 151+08.84 of said Highway Survey;thence
South W3613" West along said West line being coincident with said centerline 342.53 feet to the Real Place
of Be inni
....... ...............................................................................................................................................................
DEVELOPMENT AGREEMENT -COPPER CANARY H-2022-0009 Page 10 of 12
Page 197
EXHIBIT"A"
Item#11.
COPPER CANARY
LEGAL DESCRIPTION EXHIBIT
Scale I"=50'
PORTION OF THE SW 1/4 OF THE NW 1/4 OF SECTION 0 25' 50,
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Page 198
EXHIBIT "B"
Item#11.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN
AND DECISION& ORDER
In the Matter of the Request for Modification to the Existing Development Agreement(Inst.
#104129529)to Remove the Subject Property from the Agreement and Prepare a New Development
Agreement with an Updated Conceptual Development Plan; and Removal of the Requirement for
Conditional Use Approval of any Future Uses on the Site; Requirement for Access to be Taken
from the North via the Future Backage Road with Emergency Only Access from the South,by ALC
Architecture.
Case No(s).H-2022-0009
For the City Council Hearing Dates of: March 22 and April 12,2022 (Findings on April 26,2022)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 12,2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of April 12,2022,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 12,2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of April 12,2022,incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR COPPER CANARY MDA H-2022-0009 - I - Page 199
Item#11.
7. That this approval is subject to the provisions in the attached Staff Report for the hearing date of
April 12, 2022, incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for a modification to the existing Development Agreement is hereby
approved with changes made by the Commission as noted in the Staff Report for the hearing
date of April 12, 2022, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-6521(l)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of April 12, 2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR COPPER CANARY MDA H-2022-0009 -2- Page 200
Item#11.
By action of the City Council at its regular meeting held on the 26th day of April
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
ayo Robert . Si ison 4-26-2022
Attest: WIL
x
SY A
a,a SF�!�
Chris Jo son 4-2 6---=
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Cha&YcW" Dated: 4-26-2022
City Clerk's Office 0
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR COPPER CANARY MDA H-2022-0009 -3- Page 201
Item#11.
EXHIBIT "B"
STAFF REPORT ci
E IDIAN)---
COMMUNITY DEVELOPMENT DEPARTMENT B O
HEARING April 12, 2022
DATE: Legend _
Continuedfrom:March 22, 2022
Project Location 0
TO: Mayor&City Council E
R-$ MODELO
FROAM: Sonya Allen,Associate Planner C-C' LN
208-884-5533 R=2 R-15 W RUT
U_ - R-2 a
SUBJECT: H-2022-0009 w
Copper Canary �2 1 RI Z a
LOCATION: 2590 N. Eagle Rd., in the NW 1/4 of R1 C-C'
Section 4,T.3N.,R.1 E. R-2 R-4 -� R-40 a R-4
W
-RUT RUT-I E RIVER VALLEY ST z
N
-R-4 l C-G o a
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I. PROJECT DESCRIPTION
Modification to the existing development agreement (Inst. #104129529)to remove the subject
property from the agreement and prepare a new development agreement with an updated conceptual
development plan; removal of the requirement for conditional use approval of any future uses on the
site; requirement for access to be taken from the north via the future backage road with emergency
only access from the south.
II. SUMMARY OF REPORT
A. Applicant:
Jeff Likes, ALC Architecture— 1119 E. State St., Ste. 120, Eagle, ID 83616
B. Owner:
East River Valley Street, LLC 2832 State St., Carlsbad, CA 92008
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Notification published in
newspaper 3/6/2022
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Notification mailed to property
owners within 300 feet 3/7/2022
Applicant posted public hearing
notice on site 3/30/2022
Nextdoor posting 3/8/2022
IV. STAFF ANALYSIS
The existing Development Agreement(DA) ) (Inst. #104129529—Red Feather AZ-03-021)
originally encompassed a larger 114.52-acre area that includes Redfeather Estates, a residential
development to the east and adjacent commercial properties. The DA requires any future uses of the
property to only be approved through the Conditional Use Permit(CUP)process and requires either a
public or private backage street generally parallel with Eagle Rd./SH-55 to be incorporated into the
design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional
uses,access points and other key land planning issues is required prior to any detailed CUP
applications being submitted.See Section VI.A for more information.
A variance(VAR-08-004)was approved in 2008 for a temporary access via N. Eagle Rd./SH-55 until
such time as access can be provided to the site from either the south via a frontage road from the
extension of E. River Valley St. or from the north across the South Slough. At such time, the
temporary access to Eagle Rd. is required to be removed and the street buffer landscaping adjacent to
Eagle Road is required to be completed. Currently, there is no access to the site from either the north
or the south.
The Applicant requests a modification to the existing DA to remove the subject property from the
agreement and prepare a new DA with an updated conceptual development plan; removal of the
requirement for conditional use approval of any future uses on the site; and requirement for access to
be taken from the north via the future backage road with emergency only access from the south.
A conceptual development plan was submitted as shown in Section VI.0 that depicts a reconfigured
parking area,extension of the street buffer and pedestrian pathway across the existing driveway from
N. Eagle Rd./SH-55,a drive aisle along the east boundary of the site connecting to the north for future
access via Eagle Rd./SH-55 and to the south for emergency access only. Note:A driveway from Eagle
Rd./SH-55 is depicted on the concept plan partially on this site and partially on the property to the
north that has not been approved; an approved access via Eagle/SH-55 exists approximately 500'to
the north of the subject property. The UDC(11-3H-4B.2) does not allow new approaches directly
accessing a state highway. The City Council may consider and approve a modijt'cation to this
standard upon specific recommendation of the Idaho Transportation Department per UDC 11-3H-3.
Staff anticipates a request for this access will be part of a future development application on the
adjacent property to the north.
The Applicant proposes new DA provisions,which are included in Section VI.D below. Staff is
amenable to the request to remove the requirement for a conceptual master plan to be submitted for
the overall area as much of this area has already been developed and/or has entitlements. Staff is also
supportive of the removal of the requirement for any future uses to be approved through the CUP
process as the UDC(Table 11-2B-2) governs the allowed uses in the C-G zoning district and a CUP is
not required for all uses. Staff is not in favor of removal of the requirement for a public or
private backage street generally parallel with Eagle Rd./SH-55 to be provided as UDC 11-3H-
4B.3 requires such to provide future connectivity and access to all properties fronting the state
highway that lie between the Applicant's property and the nearest section line road and/or half
mile collector road.Although a drive aisle/backage road is depicted on the conceptual site plan,
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it's proposed to dead-end at the southern boundary with an emergency only access to the south.
Because access is limited in this area, Staff believes it's important for this backage road to
provide through unrestricted public access to the north and the south.The Fire Dept. does not
support the backage road being blocked for emergency access only and states the road needs to
run through unobstructed for fast access to businesses in this area.
Based on the aforementioned recommendation, Staff recommends the conceptual site plan is
revised to depict a backage road along the east boundary of the site with unrestricted access to
the south.DA provision #5.1d should be revised to include vehicular access to the south.DA
provision#5.1e should be replaced with a requirement for cross-access easements to be granted
to the properties to the south and to the north; a recorded copy of the easements should be
submitted to the Planning Division with the Certificate of Zoning Compliance application.
V. DECISION
A. Staff:
Staff recommends approval of the modification to the DA with the changes noted in Section V.D
as discussed above in Section IV.
B. The Meridian City Council heard this item on March 22 and April 12,2022. At the public hearing
on April 12,2022,the Council moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: JoAnn Butler, Butler Spink, LLP:Jeff Likes,ALC Architecture: Brian Carlisle,
Bach Homes: and Jeff Bower, Givens Pursley,representing GFI-Meridian Investments,
LLC.
b. In opposition: None
C. Commenting: None
d. Written testimony: Jeff Bower,Givens Pursley, representing GFI-Meridian Investments,
LLC
Staff presenting application: Bill Parsons
f. Other Staff commenting on application: Kris Blume,Fire Chief
2. Key issue(s)of public testimony:
a. The property owner to the south,Bach Homes,supports the emergency only access to.
the south as they plan to develop the property with a multi-family residential use which
will connect to the existing Regency at River Valley apartment development to the eases
b. The property owner to the north, GFI-Meridian Investments. LLC, is generally
supportive of the proposed DA modifications reguested by the Applicant and does not
object to the proposed emergency only access to the south.
c. In response to a guestion from the Council.the Fire Chief clarified that it may have beeq.
the Fire Marshall that had communicated with Staff and responded to the Council: "As
long as an emergency access is preserved and not blocked,that's all we care about.
Certainly,the applicant's concern about protecting the community as well as the people
trafficking the area,we certainly agree with that we just want to make sure the Fire
Department has adeguate access,and Code-compliant emergency access only would
meet the needs of the Fire Department without any blockages."
3.. Key issue(s)of discussion by City Council:
a. The backage road along Eagle Rd. and whether or not access should be restricted to
emergency only at the southern boundary of the site,.
4. City Council changes) to Staffs recommendation:
a. Council approved the Applicant's request for emergency only access to be provided at
the southern boundary of the property provided the adjacent property to the south
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develops with residential uses h�ever. if the adjageapropyAa�h ps
with commercial uses a through access shall be ed and sh 11 nit he-�to
emergency access only modifv DA provision #5.le accordingly).
Vt. EXHIBITS
A. Existing Development Agreement Provisions (Inst. #1041295291
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Ag>rmnent are only those uses
allowed under"City's"Zoning Ordinance codified at Meridian City
Code Section 11-7.2(K}which are herein specified as follows:
Any future uses of the property shall be approved only through
the conditional use permit process. Additionally, either a public
or private backage street generaUy parallel with Eagle Road/SH
SS shall be incorporated into the design of the future site plans.
A conceptual master plan demonsira:ing interconnectivity,
transitional uses, access points and other key land planning
issues is required prior to any detailed CUP applications being
submitted on either the Bryson or Schrammeck properties for the
C-G zon&
4.2 No change in the uses specified in this Agreement shall be allowed
without modiScation of this Agreement.
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5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.A "Owns"shall develop the "Property"in accordance with the following
special conditions:
1. R.emoval of any existing domestic wells and/or septic systems within this project
from their domesdc service must be accomplished at such time as the"Owners"change
the cuneat use of`Property"or otherwise develop the"Property"in-cconlance with the
terms hereof.
2. Any future uses of the property sha11 be approved only through the conditional use
permit process.In addition,there is a requirement that either a public or private backage
street generally parallel with Eagle Road/SH 55 shall be inocrporated into the design of
future site plans. A conceptual master plan demonstrating interconnectivity,transitional
uses,acccss points and other key land planning issues is required prior to any detailed
CUP applications being submitted on tither the Bryson or Schrammeok properties.
The following Comprehensive Plan policies (from CN&pter VI and VU) shall be
applicable to these properties:
Transportailis)n Policies ApAicable to the_Bryson/Schrammeck Annexation:
• "Large development proposal,that arc likely to generate significant traffic should
be assessed for their impact on the tranmportation system and surrounding land
uses. They should be examined for ways to encourage all forms of transportation
such as uwmit, walling,and cycling.
• New development should not rely on cul-de-sacs since they proti ide poor fire
access, walkability,and neighborhood social life. New development and streets
should be designed to encourage walldng and bicycling
• In addition to providing for enhanced automobile traffic,Meridian should seek
ways to encourage alternative modes of transport. Improvement in and
encouraged use of public transit systems i.4 an important first step. Public tnwnsit
includes bus systems and rideeharing. By fostering such means of high vehicle
occupancies,congestion on roadways can be decreased.
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EXHIBIT "B"
• Pathways that encourage use by bicyclists and pedestrians can decrease road
congestion and add to the community's quality of life. The proposed off-sure
and multiple-use pathway systems are depicted in Figures V1-3 and VI4. New
and existing developments should ensure that the guidelines laid out in this plan
are adopted.
• We Road is the major north-south arterial in Ada County. The capacity of this
arterial should be protected by minimizing the number and location ofpnvaie
driveway access connections to this important roadway. The City should
recognize,adopt,and help implement the Pagle Road Access Control Study,
pieparcd by ACHD in 1997."
Mixed se Development Policies Applicable to the B ,.on/ chremrneck
Annexat7Qn: —
• "Where feasible,multi-family residential uses will be encouraged, especially for
projects with the potential to serve as employment destination centers and when
the project is adjacent to State Highways 20-26, 55 or 69;
• In developments where multiple commercial and/or office buildings are proposed
(not residential),the buildings should be arranged to create s)otne form of
common,usable area,such as a plaza or green space;
• Wh%e the project is developed adjacent to low or medium density residential
uses, a transitional use is encouraged."
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
cro:�ing or lying adjacent and contiguous to the parcel")be tiled per City Ordinance 124-
13. Plans will need to be approved by the appropriate irrigation/drainage district,or lateral
users association,with written confirmation of said approval submitted to the Public Works
Department.
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EXHIBIT "B"
B. Legal Description&Exhibit Map for Property Subject to New Development Agreement
EXHIBIT-A"
Legal Urscription of the Property
A potion of the Southwest quainter of the North*"quartered Section 4.Tomship 3 North, Range 1 East,
Base klendian,more particularly deseribe>d as fa6ows:
Commencing at the Horthwpst corner of 1he Southwest gwrter d the Northwest quarter of Section 4,.
Township 3 North,Range 1 East,Boise Meridian,Ada County,ldarlo;thence
South along the West line of raid Section 4, a distance d 433,62 feet bo the Real Point of Beginning,thenoa
Sou th SY 40 Fast-774,00 fit to a point; thence
North 83 50'East 114.47 feet to a point;thence
Swth 218.05 feet to a point;thence
Wesl 3M.00leel fro a pL�ird on the Wesl One of said Section 4,thence
North 342.64 feet to Vie Poillrrt d LI3'r�ginning-
Excepting a 2.5 bat strip on the Wiest side for highway right-d-way.
Also kcepling a cart l of land bang on the Easlerly sided th*centerfrne of Sate Highway No 55(En e
Roady Pro(ed No, NH-F-3271(W 7)Highway Surrey,aft shown on the plans thereof own an isle in the office of
The Idaho Transportation Oeparttnerrt.and being a portion d IN Southwes quarter of the "thwe6t quarter
of Secll aw 4. Township 3 North. Fiance 1 East,Boise Meri3an.described as Iollows to-wit
I;;mmencing at the A-k-vl!h wwstcorner of the Southwest quarter of the Northwest quarter of Section 4.
Township 3 North•, Flange 1 East,B�sle Mendian Ihalt bears Noah 89`23'47' West 0.34 tee+t from Stallion
133+N.7:Yal said State 16glWray No.55(Eagle Hoed). Protect NH-F-3271(037114ighway Survey; Ihence
South 0-361r West(shown cif record to be South)along the Wes line of said S&Ahw est quarter of the
Northwest quarter a dislance o(I 766AL3 feet Is how n of record to be 776 26 feet( No Ow Southwest comer of
the tract of land as described in the."certain lyatranty Deed dated January 24.1975. recorded January 24,
1975.as Instrument No, 9129%records of► da County,Idaho,said corner being a point in the cenleriine of
Said State Highway No- 55,that is coincident with Station 147+66,31 of said Highway Survey and being the
Meal Piece of Begin ning: thence
South 69'23-47' East(shcwn d record to be East)along the South tin a of said tact of land MO feet to a
,point in a line parallel with and 701,O feet T_asterty from the centerline and beam South 89-ZY47" East Imm
Station 147+6U1 of said Highway Survey; thence
North 0`36'13' East along saki] parallel lire a distance of 291.05 feel to a point in kite Northerly fine of said'
tract of laird and being op mltr Station 150+57,35 of lord Highway Surrey:thence
North 53-03'47" West (shown of record to be North 53040-West)along said Norti'�,1y line 86.89 feet to the
Nord wrest corner oil said tract of land,said ovmer being a paint i n the West hire of said Southwest quarter of
the Nortfw e-O quadelr,said'frf€,st line being coiincident oish the cenwAne of said Stale,Highway w%56,and
said point be r=0rg co 4 wrlth Station 151+0&84 of said Highway Survey:thence
SmAh 0`36'13' West along said West line being cancident with said centsriste 342.S3 feet to the,Real Face
of Beginning.
1.11;1 1 f 6., C Ipl C
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EXHIBIT "B"
COPPER CANARY
LEGAL DESCRIPTION EXHIBIT
PCRTKIN OF THE SW 1 M OF THE MN W OF SECTION
4,T.W.R.1 JE„IMSE MMM,CRY OF MERDW*
A[WOOLA4TY.IDAHO, E+ 1 1 T>' E. wr, F
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FfMUARY 2W $GALE!1'■3g $FEET T OP i
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NOW 23'S2'W-230.01'
18,350
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212.163.6471-wymaskermen-saivold.OM
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EXHIBIT "B"
C. Proposed Conceptual Development Plan
{ ts �o
a
RELOCATED EMERGENCY
TRASH EGRE"ONLY
NC
CONCEPTUAL SITE PLAN COPPER CANARY SITE WORK
� wM: inr=r-a
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EXHIBIT "B"
D. Proposed Development Agreement Provisions
Staffs recommended changes to the proposed provisions are shown in strike-out/underline
format.
1. 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.
1.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted,
conditional and/or accessory uses under the UDC.
1.2 No change in the uses specified in this Agreement shall be allowed without modification
of this Agreement.
2. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
a. Development of the Property shall no longer be subject to the terms of the Development
Agreement recorded as Instrument No. 104129529.
b. Development of the Property shall be generally consistent with the conceptual
development plan depicted on Exhibit"C",attached hereto, and the provisions contained herein_
C. Owner/Developer shall make application for administrative Design Review. Future
development shall comply with the structure and site design standards listed in the Architectural
Standards Manual. Strict design review of all four sides of the remodeled existing building is
required.
d. The existing direct access to the Property via N. Eagle Rd./SH-55 shall continue until
vehicular access to the north across the South Slough and to N. Eagle Rd./SH-55 or to the south
to E. River Valley St. is provided. At such time, the temporary access to Eagle Rd./SH-55 shall
be removed and the street buffer landscaping adjacent to Eagle Road shall be completed
consistent with the UDC standards. Note: The access via N. Eagle Rd./SH-SS depicted on the
conceptual development plan along the northern boundary of this site is not approved with this
application.
e. The drive aisle on the east side of the Property shall terminate at the south boundary of
the Property as an emergency vehicle access-if the adjacent property to the south develops with a
residential use. Access will be restricted by a gate that will allow for emergency vehicle. The
Owner/Developer shall coordinate the design of the gate with the Meridian Fire Department.
However, if the adjacent property to the south develops with a commercial use,access shall not
terminate and a through access shall be provided. Cross-access easements shall be granted to the
properties to the north and to the south and recorded copies of the easements shall be submitted to
the Planning Division with the Certificate of Zoning Compliance application.
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EXHIBIT "B"
f. A Certificate of Zoning Compliance and administrative Design Review applications shall
be submitted to and approved by the Planning Division prior to submittal of a building permit
application(s).
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EXHIBIT "C"
Concept Site Plan
OF
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Hoar" FrERa[ncr
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CONCEPTUAL SITE PLAN COPPER CANARY SIT£WORK
4 rt 17 A
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EXHIBIT C PAGE 1 OF 1
Page 213