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Modern Craftsman at Black Cat MDA H-2022-0083 (2023-013738) ADA COUNTY RECORDER Trent Tripple 2023-013738 BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 03/09/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Black Cat Apts LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 7th day of March 2023, ("ADDENDUM"),by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Black Cat Apts LLC ("OWNEWDEVELOPER"), whose address is 1401 17th Street, Suite 700, Denver, CO 80202. RECITALS A. OWNER/DEVELOPER has submitted an application for a Modification to the existing Development Agreement recorded December 17, 2020 as Instrument#2020-174261 in Ada County Records for the purpose of updating the provision regarding the two-story commercial building now proposed as a single-story structure with surface parking. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A." B. CITY and OWNER/DEVELOPER now desire to amend said Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded December 17, 2020 as Instrument#2020-174261, except as amended as follows: a. Update existing Development Agreement provision 5.l.h as follows: The proposed commercial building located near the intersection of N. Black Cat Road and W. Chinden Boulevard (SH2O/26) shall be constructed as a two sto one-story structure as generally depicted in the revised concept renderings (see Exhibit VILE , and as noted on the revised CUP Site Plan in Exhibit C. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns,heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and 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 Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if MODIFICATION TO DEVELOPMENT AGREEMENT—MODERN CRAFTSMAN AT BLACK CAT II-2022-0083 Page I of 3 City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant,with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. [End of text. Acknowledgments, signatures, and Exhibit A follow.] MODIFICATION TO DEVELOPMENT AGREEMENT—MODERN CRAFTSMAN AT BLACK CAT H-2022-0083 Page 2 of 3 A( KNONN LE:DGNIEN I's IN WITNESS WHEREOF'. the parties ha\e herein executed this Addendum and made it effecti\e as hereinabo\e pro\ ided. ONN NER/ )EVELOPER: Black Cott .opts LLC 700 Its: ma-"5e&- 1TATE OF r ► ss. Count\ of Dq-,"vtK ' On this den ol-- 2D2;. before me. the undersigned, it Notarn Public in and liar said late, personally appeared—n- kno%%n or idenulied to Inc to be the — ol'Black Cat Apts ILLC and the person who siunc ilm e and ackno\\(edged to me that ihej executed the sank on behalf ol, 'aid corporation. IN \\ITNES5 \\HEREOF. I ha\c hereunto set m.% hand and affixed nr\ oflicrll seal the da\ and \car In this cerlificatc first Ibo\e \\ruler. MELISSA JOY NOTARY PUSUC STATE OF COLORADO -- NOTARY 10 20194031189 Nowry Publ FY CormaSSroNEx�RES Au 15 \tb C0111n115_ 1 ex es:_-'L�/�-��� (TIT( OF NILRIDLAN ATTEST: B\ : Mayor Robert E. Simison 3-7-2023 City Clerk Chris Johnson 3-7-2023 STATE OF IDAHO ss Comm of-Ada I On [Ills 7th_ day 01, March 21123, belore me. a Nolar\ Public. personally appeared Robert E. Simi on and 011-i0olmson. kno\\n or iden111ied 10 nle to be the \la\or and C nj C Icrk. respectively, 01,111C City of Meridian. "Ito executed the instrument or the person lhal e\ectited the in,Irunlenl of behalf,01'smd C,il\, and ackilo\\ledced to n1e thal such City executed the same. IN \1 ITNESS WHEREOF. I hme hereunto ,,Cl In\ hand and alliwd 111\`ollicial seal the day and year in this certificate lira abo\e\\Allen. Notar\ Public li)r Idaho 3-28-2028 \1,\ conlntlssion expires \I(11)I1ILAIIn\ 111DIVIIOP\Ili\I V,RlI \11N'I \It ID1 Its L R\1 I S\t\\ \I lil \l K l \1 I I-2n'-2.IUIS+ (rape: of EXHIBIT A STAFF REPORTC�,WE 1IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 1/17/2023 Legend RUTS DATE: R' 0 ElProject Location TO: Mayor&City Council R-4 RUT FROM: Stacy Hersh,Associate Planner R-8 R-8 208-884-5533 iC_ - R 15 SUBJECT: H-2022-0083 R-15 Modern Craftsman MDA R1 C-N L-O UT LOCATION: Project is located at 4701 W. Caragana � Lane,on the northeast corner of N. Black o ISM Cat Rd. and W. Chinden Blvd. (SH R-1$ RUT R-8 20/26),in the SW 1/4 of the SW 1/4 of Section 22,Township 4N.,Range 1 W. R"8 R•-4,R�4�I,f� �n� I. PROJECT DESCRIPTION Request to modify the existing Development Agreement(Inst. #20-174161)provision regarding the two-story commercial building now proposed as a single-story structure with surface parking on 2.59 acres of land in the C-C zoning district. II. APPLICANT INFORMATION A. Applicant: Brandon Sheltrown,HB Arch—Corner Office Design—2997 E. Deerhill Drive, Meridian, ID 83642 B. Owners: Ryan Sexton,Baron Black Cat LLC— 1401 17'Street, Suite 700,Denver, CO 80202 . C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in 12/28/2022 newspaper Radius notice mailed to properties within 500 feet 12/30/2022 Public hearing notice sign posted 12/19/2022 NextDoor Posting 12/30/2022 IV. STAFF ANALYSIS History The subject application encompasses one(1)parcel on the northeast corner of Black Cat Road and W. Chinden Boulevard. This parcel is part of a Development Agreement Modification in 2020 and was removed from an existing Development Agreement(DA) for the purpose of entering into a new DA with a new conceptual plan and building elevations (H-2020-00226, DA Inst.#2020-174261). The new Development Agreement consists of a Rezone of a total of 23.63 acres of land for the purpose of reducing the C-C zone from approximately 8 acres to 4.23 acres and increasing the R-15 zone from approximately 15.1 acres to 19.39 acres of land; a Short Plat consisting of 2 building lots and 2 common lots on 21.59 acres of land in the C-C and R-15 zoning districts; and a Conditional Use Permit for a multi-family development consisting of 196 residential units on 20.13 acres in the R-15 zone. Development Agreement Modification The approved DA(Inst. #2020-174261)includes a provision that requires the proposed commercial building located near the intersection of N. Black Cat Road and W. Chinden Boulevard to be constructed as a two-story structure. The two-story option,though a larger floorplate and building, provided only 5,185 square-feet of ground floor retail and active use area; the remaining 8,538 square feet is dedicated to a tuck-under parking area. Approximately 131'-0"of the Chinden Boulevard elevation is attributed to the parking garage which provides no active ground floor use along this extent of the facade. The Applicant believes that the parking garage prevents visibility to the ground floor retail areas from Chinden Boulevard limiting areas of tenant visibility;therefore,providing challenging leasing for the ground floor commercial area and flexible tenant layouts. Currently,the anticipated restaurant tenant and other potential retailers necessitate modifying the previous building design and parking quantities to be better align to meet the commercial market demands while lessening potential impacts on the surrounding neighborhood. The Applicant is proposing a 7,004-square-foot one-story commercial building that is highly visible and establishes a cornerstone for the overall Modern Craftsman at Black Cat residential development. Tenant visibility is provided on all sides of the building to the retail and restaurant activities within the building. Additionally, a 563 square-foot outdoor covered patio area is planned for a restaurant tenant to use activating the facade along Chinden Boulevard by showcasing the restaurant activity within the building. The proposed building varies in parapet heights ranging from 25'8"and 22'0", presenting a ground-floor window height of 12'0"along all facades. The design echoes the previous quality design with the same modem/contemporary architectural materials originally presented such as stucco, cultured stone, composite wood,dark bronze aluminum storefront glazing, and standing seam metal roofing reflecting the similar quality and colorways of the overall Modern Craftsman at Black Cat Development. Staff has analyzed the parking using the restaurant standards requiring one (1)parking stall for every 250 square feet of gross floor area to ensure adequate parking. Per this standard,28 parking stalls would be required if the site developed per the submitted revised concept plan and 42 parking stalls were provided. Additionally,the commercial square footage was a topic of discussion during the initial Hearing. Ultimately, Council agreed with Staff and required the two- story commercial building to ensure the MU-C (Mixed Use Community) area would develop with a higher commercial square footage to provide more of a balance with the proposed residential development on this site. Fundamentally,the Applicants proposal for a one-story building on this site includes more retail square footage than the required two-story building, as the two-story building essentially provided less ground floor square footage for retail space,presenting the illusion it was larger due to the tuck-under parking area. The Applicant is therefore requesting the following modification to provision 5.1.h: "The proposed commercial building located near the intersection of N. Black Cat Road and W. Chinden Boulevard(SH2O/26) shall be constructed as a two ste one-story structure as generally depicted in the revised concept renderings(see Exhibit VI.E), and as noted on the revised CUP Conceptual Site Plan on Exhibit C." Staff recommends the development agreement modification with the recommended changes in Exhibits E and C below. V. DECISION A. Staff: Staff recommends approval of the proposed MDA per the modified provision in Section VI.B. B. The Meridian City Council heard this item on January 17,2023. At the public hearjU the Council moved to approve the subject MDA reauest. 1. Summary of the City Council public hearing: a. In favor: Elizabeth Koeckeritz, Givens Pursley; Ryan Sexton,Baron Properties: Greg Hector, Senior VP Construction Development for Baron b. In opposition:None c. Commenting:None d. Written testimony: Jamie Knight: Evelyn and Albert Joens e. Staff presenting application: Stacy Hersh f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Pam 3. Key issue(s)of discussion by City Council: a. P 4. City Council change(s)to Commission recommendation. a. None VI. EXHIBITS A. Existing DA Provisions e, Additional right-of-way shall be reserved for dedication to Idaho Transportation District for the future widening of Chinden Boulevard,as shown on the plat as Lot 1, Block 1. f. The required landscape street buffers shall be constructed and vegetated along the entire perimeter(along N.Black Cat and Chinden Boulevard)with the first phase of development. g. The Applicant shall vegetate the common lot(Lot 1, Block 1), reserved for future dedication to Idaho Transportation Department(ITD),with grass and not gravel until such time that this lot is dedicated to ITD. h. The proposed commercial building located near the intersection of N.Black Cat Road and W.Chinden Boulevard(SH 20)26)shall be constructed as a two-story structure as generally depicted in the submitted concept renderings(see exhibit VII.I)and as noted on the revised CLIP Site Plan. i. The Vertically Integrated Residential Project area of the site shall adhere to the specific use standards as outlined in UDC 11-4-3-41. j, The required land use buffer between the C-C zoning district and the R-15 zoning district is hereby waived as approved by City Council;the minimum distance between buildings and across zoning districts is ten(10)feet per the multi-family specific use standards(UDC I 1-4-3-27). 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: B. Proposed Revisions to the existing Development Agreement Provision 5.1.h: Staff s Recommended Changes: "The proposed commercial building located near the intersection of N. Black Cat Road and W. Chinden Boulevard(SH2O/26) shall be constructed as a two ste one-story structure as generally depicted in the revised concept renderings(see Exhibit VILE , and as noted on the revised CUP Site Plan in Exhibit C." C. Existing and Conceptual Site Plan: "I IT719F RETAIL: • 5,165SF I LL 7 U04ISF II IIII 9 t :tom e,4_ PREVIOUS a PROPOSED inummu ACTIVE PEDESTRIAN EDGES NON-ACTIVE/B LAN N FACADE IIIIIIIIIIIII MAXIMIZED GLAZING •.>MINIMALGLAZING THE PREVIOUS CONCEPT DESIGN PHOVIDES MINIMAL,ACTIVE AND VISIBLE RETAILOPPORIDNITIES-CHALLENGING TENANT LEASING. THE CUBBENT CESIGN ACTIVATES ALL SIDES OF THE BUILDING MAXIMIZING TENANT VISIBILITY AND PROVIDES AN ENHANCED PEDESTRIAN EXPERIENCE. SITE PLAN(ACTIVE AND NON-ACTIVE IBLANXFACADES) GBIJ BAQON 4 GOD I ^"i --------------------------- I . � y S — - 11 1 1 � Rwln l 1 C'. 1 - - 7.W4 GS r 1bG9 + II I IGII I fiS .mM R�.CEN[UfilN'3D7�' gg A099 x 1 1 D. Previous 2-Story Elevations: I. ComerCommercial Renderine-2-s#oNConceue MM Lk Page 45 Pale 18$ E. Proposed 1-Story Elevations: E MRMR MATERIAL UGERR GBp xe fDxl�xf,Npc9utti Hall ,�„„' _ r � YIYY_PIWf1 tX1e AIL .,. rni mulivsulzilltarr umtu[ mJX 411NIn N i IUYs�flfi@I6R'SINt®p t OV Y�INsfxX lSAltfK PIXY IIIX O]IIX i11iNXNIWY�;JI1AIOf lfl1Y SN1A21 — -�� alAtffAlfA llNlYx 1•X.CIIYI'itiifSA}I['.11H7� Fl tif�M�l � - -- _ UFlfR41fFlR 9L1 H: Xx],xi6:plyl{/gp1YXXq 11Y11 A64YX IllX�A1��]I']FI�Nq -- ffiL bYY [[xYN lh evi [Iu7 YAnG Sxlwxlu Ax ..m 1117N(Am ux:•!AAk. a smnlm lwxlw nu rsou�Ixxuc+Yl 011�. dYaIIFPNuIxi-':Yfulllup �...._.. lam fw ntuoXutxlXY�e �� K �o A201.11 @ 9