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
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\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
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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)
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E. Proposed 1-Story Elevations:
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