Watts Meridian Medical partners H-2023-0075 DA ADA COUNTY RECORDER Trent Tripple 2024-015455
BOISE IDAHO Pgs=21 BONNIE OBERBILLIG 03/27/2024 08:08 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Reves LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 26th day of
March , 2024,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 Reves,
LLC, an Idaho limited liability company, whose address is 909 S. Allante PI., Boise, ID 83709,
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 1256 S.
Rackham Way, Meridian, Idaho 83642, 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 § 67-6511A 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
11-513-3 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#2016-
1.06278 and a subsequent Development Agreement Modification to aforementioned
Development Agreement recorded in Ada County as Instrument#2019-028379,
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
DEVELOPMENT AGREEMENT—WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075
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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
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 5t' of March, 2024, 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 Agreement (Inst. #2016-106278) and
subsequent Development Agreement Modification (Inst. #2019-028379) and shall
be bound by the terms contained herein in this new agreement; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement modification for the purpose of ensuring the Property is developed and
the subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received by the
City in the proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected property
owners and to ensure zoning designations are in accordance with the amended
Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution
No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding
and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement, the following words, terms and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which
is a municipal Corporation and government subdivision of the state of Idaho,
organized and existing by virtue of law of the State of Idaho, whose address is 33
East Broadway Avenue, Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075
Page 2 of 8
3.2 OWNER/DEVELOPER: means and refers to Reves, LLC, whose address is 909
S. Allante Pl., Boise, Idaho 83709, the party that owns and is developing said
Property and shall include any subsequent owner(s)/developer(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 an existing Development Agreement recorded in Ada County
as Instrument#2016-106278 and subsequent Development Agreement
Modification recorded in Ada County as Instrument#2019-028379, 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. Future development of the subject property shall substantially comply with the
conceptual development plan and perspective drawing included in Section
VII.0 of the Staff Report attached to the Findings of Fact and Conclusions of
Law attached hereto as Exhibit`B" and the provisions contained herein.
b. All future structures on the site and the layout of the site shall comply with the
design standards listed in UDC 11-3A-19 and in the Architectural Standards
Manual.
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. In the event Owner/Developer, or Owner's 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 terminated by the City upon compliance with the requirements
of the Zoning Ordinance.
DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075
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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 actions 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
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code § 67-651 IA, have the right, but not a
duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an
action at law or in equity to enforce the provisions of this Agreement. Because the
covenants, agreements, conditions, and obligations contained herein are unique to
the Property and integral to the City's decision to annex and/or re-zone the
Property, City and Owner/Developer stipulate that specific performance is an
appropriate, but not exclusive, remedy in the event of default. Owner/Developer
reserves all rights to contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto
shall be governed by and construed in accordance with the laws of the State of
Idaho, including all matters of construction, validity,performance, and
enforcement. Any action brought by any party hereto shall be brought within Ada
County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the
reasonable control of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of such delay.
7.6 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 ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion therefor in accordance with the terms and conditions of this
Agreement and all other ordinance 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.
DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075
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10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid
and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to
insure the installation of required improvements,which the Owner/Developer agrees to provide, if
required by the City.
12. 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.
13. 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.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three (3) days after deposit in the United States
Mail, registered or certified mail,postage prepaid, return receipt requested, addressed as follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Ave.
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Reves, LLC
909 S. Allante Pl.
Boise, Idaho 83709
14.1 A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief
as may be granted, to court costs and reasonable attorney's fees as determined by a Court of
competent jurisdiction. This provision shall be deemed to be a separate contract between the parties
and shall survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The 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.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075
Page 5 of 8
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.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonable in giving any consent, approval, or taking any other action under this
Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable
action or other proceeding instituted by any third party(including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property("Removed Property") from this Agreement at any time, provided
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of the
Property, which has not been removed from this Agreement as described above, shall continue to be
bound by the terms of this Agreement.
22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied,between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
22.1 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
the time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[End of text. Acknowledgements, signatures, and Exhibits A and B follow.]
DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075
Page 6 of 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as herein above provided.
OWNER:
Reves LLC
r
By: Arthur P. Laos
Its: Member
STATE OF I D }
ss:
County of_A-M )
iiA
On this 1b day of 2024,before me,the undersigned,a Notary Public in and for said State,personally
appeared Iik,c1hU v' UA c'� known or identified to me to be the_,yLq vnV�,e.✓ of Reves LLC and the
person who signed above and acknowledged to me that they executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
(SEAL) ++ ++�4CE PARI��'�,� Notary Public
Q;.•• �O Zo2•���; My Commission Expires:_o'l
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OWNER: .c�pUBLI
Reves LLC '',`�?��'• Q?�::�'•
B Carrie n homas
Its: MembctX
STATE OF 1k) )
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County of V204 }
On this 15 day of Y1tt4✓Li'1 2024,before me,the undersigned,a Notary Public in and for said State,personally
appeared C1 I (!vYktk5 ,known or identified to me to be the vyA-D yr\0,V of Reves LLC and the
person who signed above and acknowledged to me that they executed the same.
IN WITNP ... ,I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written. ..•••..%h'p00
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PUBLIC, '17o-t—a Public
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DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075
Page 7 of 8
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 3-26-2024 Chris Johnson, City Clerk 3-26-2024
STATE OF IDAHO )
ss
County of Ada )
On this 26th day of March ,2024,before me, a Notary Public,personally appeared Robert E. Simison and
Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the
same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075
Page 8 of 8
EXHIBIT A
1001 N. Rosario Street Suite 100
Meridian, ID 83642
F us , P (801) 352-0075 F (801) 352-7989
ENGINEERING &SURVEYING
11/28/2023
Project No. 23-5011
Legal Description Parcel "F"
Meridian Medical Partners
A parcel of land being Parcel E and a portion of Parcel D of Record of Survey Number 11595 of
Ada County Records, being a Property Boundary Adjustment of Oxygen Subdivisions, located in
the Southwest One Quarter of the Southwest One Quarter of Section 16, Township 3 North,Range
1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described
as follows:
Commencing at the Southwest Corner of Section 16 of said Township 3 North, Range 1 East,
(from which point the South One Quarter Corner of said Section 16 bears South 89°14'17" East,
2665.07 feet distant), Thence North 00°40'46" West, a distance of 1326.95 feet on the West line
of said Section 16 to the South 1/16th Section Corner common to Sections 16 and 17 of said
Township 3 North, Range 1 East; Thence South 89°14'37" East a distance of 240.69 feet on the
east west 1/16th Section Line of said Section 16, to the Northwest corner of Oxygen Subdivision
No. 3, of Ada County Records, and being the Northwest corner of Parcel E of said Record of
Survey Number 11595, said point also being the Point of Beginning;
Thence South 89°14'37" East, a distance of 346.85 feet on the northerly boundary line of said
Parcel E to the Northeast corner of said Parcel E;
Thence South 00°22'59" East, a distance of 293.25 feet on the easterly boundary line of said Parcel
E and the easterly boundary line of Parcel D of said Record of Survey Number 11595;
Thence South 89°36'37" West, a distance of 395.82 feet on the point on the westerly boundary line
of said Parcel D;
Thence North 08°53'44"East,a distance of 304.17 feet on the westerly boundary line of said Parcel
D and E, which line is also the easterly right of way of South Rackham Way to the Point of
Beginning.
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WEST QUARTER CORNER OF GRAPHIC SCALE
17 16 SECTION 16, T3N, R1 E, B.M. _ `
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CALCULATED: SO°40'53"E 1326.75' 1-h- 90 ft
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1/16 CORNER OF SECTION 16, T3N, R1E, B.M. I
CALCULATED / INSTRUMENT#2022020363
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WATTS MERIDIAN MEDICAL5rUS� PARTNERS SUBDIVISION
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ENGINEERING AND SURVEYING,LLC s
6949 S.HIGH TECH DRIVE SUITE 200 LEGAL DESCRIPTION PARCEL 'IF" EXHIBIT 1 OF 1
MIDVALE,UTAH 84047 PH:(801)352-0075
www,focusutah.com
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN
AND DECISION& ORDER
In the Matter of the Request for Modification to the Existing Development Agreement(H-2015-
0024,Inst.#2016-106278; H-2019-0016,Inst.#2019-028379)to Remove the Subject Property from
the Agreement and Include it in a New Agreement with an Updated Conceptual Development Plan
for Watts Meridian Medical Partners by Rigby Watts& Co.
Case No(s).H-2023-0075
For the City Council Hearing Date of: February 20,2024 (Findings on March 5,2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 20, 2024, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of February 20,2024, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 20,
2024, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 20,2024,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 WATTS MERIDIAN MEDICAL PARTNERS MDA H-2023-0075
- I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 20, 2024, 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 development agreement is hereby approved
per the provisions in the Staff Report for the hearing date of February 20, 2024, 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 67-651IA. 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 § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652l(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 February 20, 2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR WATTS MERIDIAN MEDICAL PARTNERS MDA H-2023-0075
-2-
By action of the City Council at its regular meeting held on the 5th day of March
2024.
COUNCIL PRESIDENT JOE BORTON VOTED—AYE.
COUNCIL VICE PRESIDENT LIZ STRADER VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert ison 3-5-2024
Attest:
(�L SFAI.
j4—
Chris John n
City Clerk
Copy served upon Applicant,Community Development Department, Public Works Department and City
Attorney.
By: N0AM--W0-,q Dated: 3-5-2024
City Clerk's Office C�
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR WATTS MERIDIAN MEDICAL PARTNERS MDA H-2023-0075
-3-
STAFF REPORT C�
w
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING February 20,2023 —
DATE: Legend '
PFageat Lflca Tor � L-O
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner RUT_ -- . .—_
208-884-5533 R
SUBJECT: H-2023-0075h -R-
Watts Meridian Medical Partners—
MDA C-G C-G :. R1
�1
LOCATION: 1256 S. Rackham Way, in the SW 1/4 of +� S
Section 16,T.3N.,R.IE. (Parcel � -
#R6819240215) -
, a
� R-9-
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(H-2015-0024,Inst. #2016-106278; H-2019-0016,
Inst. #2019-028379)to remove the subject property from the agreement and include it in a new agreement
with an updated conceptual development plan.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 2.53-acres
Future Land Use Designation Mixed Use—Regional(MU-R)
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Healthcare or social service(i.e.medical offices)and/or professional service
Current Zoning C-G(General Retail&Service Commercial)
Proposed Zoning NA
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date 12/11/23
History(previous approvals) Annexation Ordinance#719;H-2015-0024(Eagle Commons at Overland—
DA Inst.#2016-106278);H-2017-0061 (Oxygen Sub.#1 SHP);H-2017-0062
(Oxygen Sub.#2 SHP);H-2017-0063 (Oxygen Sub.#3 SHP);H-2019-0016
(Amended DA Inst.#2019-028379);PBA-2021-0008(ROS#13005)
III. APPLICANT INFORMATION
A. Applicant:
Adam Watts,Rigby Watts&Co. —2221 South 2000 East, Salt Lake City,UT 84106
B. Owner:
Reves,LLC—909 S.Allante Pl.,Boise,ID 83709
C. Representative:
Same as Applicant
IV. NOTICING
City Council
Posting Date
Newspaper notification
published in newspaper 2/4/2024
Radius notification mailed to
property owners within 300 feet 2/20/2024
Public hearing notice sign posted
1/13/2024
on site
Nextdoor posting 2/5/2024
V. STAFF ANALYSIS
The Applicant proposes to modify the existing Development Agreement(DA) (H-2015-0024 Eagle
Commons at Overland—DA Inst. #2016-106278)required with annexation of the property in 1995
(Ordinance#719),which was later amended in 2019 (H-2019-0016—Inst. #2019-028379),to update the
conceptual development plan for the site. The existing DA covers a larger 73.5+/-acre area which is now
under several different ownerships. For this reason, a new DA is proposed as part of the modification that
will only apply to the subject 2.53-acre property.
The existing DA provisions and conceptual development plan is included in Sections VII.A and B below,
respectively. The existing plan depicts one(1)commercial building pad on the site. The proposed plan
depicts two(2)2-story office buildings consisting of 22,000 square feet(s.f.)and 15,808 s.f. and associated
parking and landscaping; a perspective drawing of the structures and site was also submitted as shown in
Section VII.0 below. The Applicant has also submitted a short plat application to subdivide the parcel into
two (2)lots,one for each building, and associated parking,which is currently in process.
The proposed uses(i.e. healthcare or social services; or professional service) are listed as principal permitted
uses in the C-G zoning district per UDC Table 11-2B-2. Future development is subject to the dimensional
standards listed in UDC Table 11-2B-3.
A cross-access easement and maintenance agreement exists for the overall development, including this site,
which allows shared use of abutting drives and details the maintenance responsibilities associated with those
drives(Inst. #2020-003133).
With the previous plats for Oxygen Subdivision, additional right-of-way(ROW)was dedicated for the
expansion of S. Rackham Way to local street standards.
Staff has reviewed the existing DA provisions and most have either already been satisfied or are not
applicable to development of this site. Staff has included those that are still applicable with some
modifications as applicable to this site in Section VII.D below for inclusion in the new DA.
VI. DECISION
A. Staff. Staff recommends approval of the proposed Development Agreement modification as requested by
the Applicant.
B. The Meridian City Council heard these items on Feb. 20t''. At the public hearing.the Council
moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Adam Watts.Applicant
b. In opposition:None
C. Commenting: None
d. Written testimony: Adam Watts.Applicant(in agreement with staff report)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. None
VII. EXHIBITS
A. Existing Development Agreement Provisions
4, 11SV PERMITTED BY THIS AGREEMENT: This Agreement shall volt the
right to develop the Property in accordance with the wrens and cmditiow;of this Agreerncnl.
4.1 The u2c4 allowed aUrsi4ant to this Agreement are only those uscs allowed
under the UDC.
4.2 No change in the uses specified in di k J,gr"cnent shall be allowed without
mod ifscationof this Agreement.
S. CONDrHONS G0YL`ANI G DEV LOPMENT OF 8 l:1BJT-CT P,R0PEP TY
S_1_ QvmerlD-pveloper shall dow-11op the Property in amcbrdance with the following
apeciid contliti=:
a, The subject properly shall develop in Substantial compliance with the conceptual
development plan included in sxhibit"A".
b. A 10-foot wide multi-ase pathway shall be constructed along the north side of the Five
We Creek from the west to the east boundary of the site as set forth in the Pathways
Mastcr Plan.Lcndsca ong i s required to be instal lea on each aide of pathway along Ow
creek i a accord with the s%ndards J isted in UDC 11-313-17C,A publk pDOmIrian merit
is required to ba submitted to the City, approved by City Council and rocorded for tho
multi-use pathway along the crock with.the first phast of dcvelopment.
u. Minimum five-foot wide pedesuian walkways steal I be provided internally within the site
ftorn the multi-use pathway corimcti!ng to the sidewalk along E. Overland Pcdd and S.
Rackham Way to the main building entrances with each phaso of dc%,clapmcnt;and for
drive aisle lengths greater than 150 parking spaces or 200'away from the primary building
ontranres — internal pedestrian welkways should be dis#ingidshed f om the vehicular
driving�wfaces thr6ugh the use ofpavcrs,,Dolored or scared cbnCretc,or bricks as set forth
in 00-C 11-3A-19BA
d, The Five Mile Creole shall remain open as a natural amenity and shall not bt piped or
otherwise covered and shall be protwteddtr ag construction_Fencing along the w,alerway
shall not prevent access to the walerway,unless Council deems fencing should be required
in tibe inkrrest of public safety in accord with UDC l]I-3A-6b.
e, All future structum cm the site and the layout of the site shall comply with the design
standards listed in UDC 11-3A-19 and the guidelines listed in tie Meridian Design Manual
(or any updated versions thereof).
f- prior to any development occurring in the Overlay District,a#loodplain permit app]icalion,
including hydraulic and hydrologic analysis is required to be completed and submitted to
the city and approved by the Floodplain Administrator,per MCC 10-6.
g. All lighting proposed an the site shall comply with the standards listed in UDC: 11-3A-
11 C. Light fixtures that have a maximum output of 1,900 lumens or more sha11 have an
opaque top to prevent upligltling;the bulb shall not be visible and shall have a full cutoff
shield; and shall be placed such that the effective zone of light (as documented by the
photometric test report)shall not trespass on abutting residential properties.
h. The developer shall dedicate additional right-of way along the west property boundary to
widen S. Rackham Way to local street standards with curb, gutter and sidewalk with
subdivision of the property,unless S.Rackham Way is vacated.
i. A street light plan will need to be included as part of the development plan submittal.
Street light plan requirements are listed in section 6-5 of the Improvement Standards for
Street Lighting. A copy of the standards can be found at
http://www.meridiancitv.ory/pubiie works.aspX?id=
j. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department,and execute standard forms of easements I'or any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is
three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specilications.
k. Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and
water mains to and through this development. The applicant may be eligible for
reimbursement of costs associated with upsizing the sewer and water mains per MCC8-&S.
I. Water modeling will be required prior to development plan submittal to determine the
timing of completing the water main loop throtegh the property from the existing 10-inch
main stub at E. Overland Road and S_ Silvemtone Way to the existing 16-inch main
adjacent to S.Rackham Way.
m. The applicant shall provideeasement(s)for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-
feet wide for a single utility,or 30-feet wide f'or two. The easements shall not be dedicated
via the plat, but rather dedicated outside the plat process using the City of Meridian's
standard forms. The easement shall be graphically dcpictcd on the plat for reference
purposes.Submit an executed casement(on the f'onn available from Public Works),a legal
description prepared byan Idaho Licensed Professional Lard Surveyor,w#aich must include
the area of the casement(marked EXHIBIT A) and an 81/2"x I I"map with bearingsand
distances(marked EXHIBIT B)for review_Botb exhibits must be sealed,signed and dated
by a Professional Land Surveyor, DO NOT RECORD. Add a note to the plat referencing
this document. All easements must be submitted, reviewed, and approved prior to
development plan approval.
n. The developer shall enter into a cress-access easement and maintenance agreement with the
abutting property owner to the north for the east/west shared driveway adjacent the
northern boundary of the site. A recorded copy of the casement agreement shall be
submitted to the Planning Division prior to the issuance of the first Certificate of
Occupancy for the development.
B. Existing Conceptual Development Plan
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D. Staff Recommended Development Agreement Provisions
1. Future development of the subject property shall substantial comply with the conceptual
development plan and perspective drawing included in Section VII.0 and the provisions contained
herein.
2. All future structures on the site and the layout of the site shall comply with the design standards
listed in UDC 11-3A-19 and in the Architectural Standards Manual.