Scentsy Campus MDA-10-010 VAR-10-002CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
L`iQ~E roR I~2
~J
In the Matter of the Request for a Modification to the Development Agreement for
Pinebridge to Exclude the Subject Property and Require a New Development Agreement
for the Scentsy Campus; and Variance to UDC 11-3H-4B2 to Allow One (1) Right-
In/Right-Out Access to/from the Site via Eagle Road Midway between Pine Avenue &
Commercial Street for the Property Located on the Southwest Corner of Pine Avenue and
N. Eagle Road, by Sam Johnson, HOT 1, LLC.
Case No(s). MDA-10-010; VAR-10-002
For the City Council Hearing Date of: December 21, 2010 (Findings on January 4, 2011)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of December 21, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 21, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 21, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 21, 2010, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-10-010; VAR-10-002
~;
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff
Report for the hearing date of December 21, 2010, 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-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's request for a development agreement modification to exclude the
subject property from the development agreement for Pinebridge and require a new
development agreement for the Scentsy Campus, is hereby approved per the provisions
in the attached Staff Report for the hearing date of December 21, 2010, attached as
Exhibit A.
2. The applicant's request for a variance is hereby approved per the Staff Report for the
hearing date of December 21, 2010, attached as Exhibit A.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E. Attached: Staff Report for the hearing date'of December 21, 2010
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-10-010; VAR-10-002
-2-
By action of the City Council at its regular meeting held on the day of
2011.
COUNCIL MEMBER DAVID ZAREMBA VOTED~G~-
COUNCIL MEMBER BRAD HOAGLUN VOTED
- l~~
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED_~~~~--
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
r
~~
Mayor Ta de Weerd
~~~
Attest: ~~~~~.~~~ p~ ~~~~:~~-%~%
~~ ~' `~,,rj~lPtii~~,O~~'S~'' ~'%N
~` r
Jaycee H an, City Clerk - ~,
\`~(.-„_ _
"~-~ l ~ ~ a
Copy served upon Applicant, The Planni ~ ~~ ~~ '
~~1~~rnt, ~?,ubhc Works Department and City
Attorney.
By: Dated: ~' Jr ' ZOO
ler ' Of i
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-] 0-010; VAR-10-002
-3-
EXHIBIT A
STAFF REPORT
HEARING DATE: December 21, 2010 '
TO: Mayor and City Council E IDIAN~-
FROM: Sonya Watters, Associate City Planner I D A H O
(208) 884-5533
SUBJECT: MDA-10-010; VAR-10-002 -Scentsy Campus
I. SUMMARY DESCRIPTION OF REQUEST
The Applicant, Sam Johnson, Hot 1, LLC, requests a modification to the development agreement for
Pinebridge approved with the previous rezone of this property. Since the subject property is no longer
part of the Pinebridge development, a new development agreement is proposed that will only apply to
the subject property.
Concurrently, a variance is requested to Unified Development Code (UDC) 11-3H-4B2 which
requires access to be provided from a street other than the state highway when a change or increase in
intensity of use is proposed. The applicant proposes one (1) right-in/right-out access to/from the site
via SH 55/Eagle Road. (See Section VIII for more information)
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed variance in accord with the fmdings in Exhibit B and
modification to the development agreement as detailed in Exhibits A.3 and A.4.
he Meridian City Council heard these itemc nn December 21. 2010. At the public hearing.
ouncil approved the subiect MDA and VAR. request
~, ummarv of i v o ~ncil P ~blic Hearin
1. In favor: Sam Johnson. Phil Broadbent
1L In opposition: None
111, Commenting: Pam Golden. ITD
iy. Written testimony: COMPASS
y. taff presenting application: Sonya Watters
Yi: Other staff commentinu_ on application: None
1L ev Issues of Discussion by Council:
v None
~, ev Council Chan~ec to 4taff/ .nmmission Re nmmendation
L e DA provision 5.1.14 in Exhibit A.4 as recommended by staff as it is no
applicable•
1L new DA provision requiring the applicant to work with the developer o
' bridge to clarify when & by whom the planter islands will be landscaped &
prior to issuance of Certificate of Occupancy. as recommended by staff
III. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Numbers MDA-
10-010 and VAR-10-002, as presented in Staff Report for the hearing date of December 21, 2010,
with the following changes: (insert any changes here). I further move to direct Legal Department staff
to prepare a Development Agreement for this site that reflects the changes noted in Exhibit A.2.
Scentsy Campus MDA-10-010; VAR-10-002
Page 1
EXHIBIT A
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Numbers MDA-10-
O10 and VAR-10-002, as presented during the hearing on December 21, 2010. (You should state why
you are denying the request.)
Continuance
I move to continue File Numbers MDA-10-010 and VAR-10-002 to the hearing date of (insert
continued hearing date here) for the following reason(s): (you should state specific reason(s) for
continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the southwest corner of Pine Avenue and N. Eagle Road, in the
southwest '/ of Section 8, Township 3 North, Range 1 East.
Parcel #51108417320
B. Owner:
Hot 1, LLC
3698 E. Lanark
Meridian, ID 83642
C. Applicant:
Sam Johnson, Hot 1, LLC
3698 E. Lanark
Meridian, ID 83642
D. Representative:
Sam Johnson, Hot 1, LLC
3698 E. Lanark
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification and a variance. Per
Meridian City Code, a public hearing is required before the City Council on these matters.
B. Newspaper notifications published on: November 29, and December 13, 2010
C. Radius notices mailed to properties within 300 feet on: November 29, 2010
D. Applicant posted notice on site by: December 9, 2010
VI. LAND USE
A. Existing Land Use(s): This site consists of vacant undeveloped land.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Blue Cross Corporate Center (office), zoned I-L
2. East: Jacksons convenience store & fuel facility, zoned C-G; and equipment rental store,
zoned, I-L
Scentsy Campus MDA-10-010; VAR-10-002
Page 2
EXHIBIT A
3. South: Scentsy warehouse/office/manufacturing, zoned I-L
4. West: Vacant land, zoned C-G
C. History of Previous Actions:
- This property was rezoned (RZ-07-010) from I-L to C-G in 2007 as part of the Pinebridge
development. A development agreement was required with the rezone of the property,
recorded as Instrument No. 108022893. A preliminary plat (PP-07-008) was approved that
incorporated the subject property. A variance (VAR-07-007) for access to SH 55/Eagle Road
via Commercial Street, a private street, was also approved. A variance for direct access to SH
55/Eagle Road midway between Pine Avenue and Commercial Street was also requested but
later withdrawn.
- A Corporation Warranty Deed (Inst. #0107000563) was recorded in 1988 which granted an
approach to SH 55/Eagle Road.
- In 2008, the Idaho Transportation Department (ITD) approved a variance to upgrade the
existing access to a right-in/right-out commercial approach under Encroachment Permit 03-
08-319. The access was required to be centered between Pine Avenue and Commercial Street
and have a right turn deceleration lane southbound on Eagle Road.
- On November 16, 2010, the ITD encroachment permit was transferred to the current owner of
the property (see Exhibit A.7, permit #3-11-135). The permit states the access is approved
with the distance from the nearest approach 440 feet from Pine Avenue and 432 feet from
Commercial Street.
D. Utilities:
1. Public Works:
a. Location of sewer: N Hickory Ave.
b. Location of water: E Pine Ave, Commercial St
c. Issues or concerns: No concerns
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
VII. AGENCY COMMENTS MEETING
No comments were received by the Planning Department from other City departments for the subject
application. Please see the public record for the MDA and VAR file for any written comments that
may have been submitted by other agencies.
VIII. STAFF ANALYSIS
A. Development Agreement Modification (MDA): When the subject property was rezoned in 2007,
it was part of the proposed Pinebridge development and was included in the development
agreement (DA) for that project. Since that time, the property has been acquired by the applicant
and is proposed to develop as a distribution center and corporate campus for Scentsy. Thus, the
new owner/applicant proposes to separate this property from the existing DA and record a new
DA solely for the subject property.
The new DA proposed by the applicant includes a conceptual site development plan and
Scentsy Campus MDA-10-O10; VAR-10-002
Page 3
EXHIBIT A
conceptual building elevations for the Scentsy campus which are included in Exhibits A.5 and
A.6. The applicant has submitted a modified version of the existing DA, included in Exhibit A.3,
which reflects the new ownership of the property, proposed development plan, and removal of
parts that are no longer applicable.
Condition #5.1.4 (d, e, f, and g) of the proposed DA includes specific design standards that are
included in UDC 11-3A-19. Since the applicant is required to comply with these UDC, standards,
Staff is of the opinion that it's not necessary to specify them in the DA. Therefore, Staff
recommends these provisions be stricken from the DA and replaced with a requirement for the
applicant to comply with the design standards listed in UDC 11-3A-19 and the design guidelines
contained in the City of Meridian Design Manual.
The applicant also requests approval through the DA to construct the distribution center (Building
A), which is classified in UDC Table 11-2B-2 as an accessory use in the C-G district, prior to
construction of the office tower (Building B) and auditorium & fitness center (Building C), both
classified as principal permitted uses in the C-G district (see Exhibit A.4). The applicant proposes
to commence construction of either Building B or C within 30 months of completing Building A.
Because a conceptual development plan has been submitted showing how the property will
develop in the future with principal permitted uses in the C-G district, staff is amenable to the
applicant `s proposal to construct the distribution center first followed by the other two structures
in phases. In addition, the applicant is constructing a warehouse and has related facilities located
immediately south across Commercial Avenue that are integrally related to the distribution
facility.
Please see Exhibit A.4 for Staff's recommended changes to the DA proposed by the applicant as
discussed above.
B. Variance (VAR): A variance to UDC 11-3H-4B.2 is requested, which requires the owner to
develop or otherwise acquire access to a street other than the state highway when a change or
increase in intensity of use is proposed. The applicant proposes one (1) right-in/right-out (BIRO)
access to/from the site via Eagle Road midway between Pine Avenue and Commercial Street with
a right turn deceleration lane southbound on Eagle Road as shown in Exhibit A.8, consistent with
ITD's approval (see Exhibit A.7).
In 2007, a variance was requested for access to SH 55/Eagle Road between Commercial Street
and Pine Avenue as currently proposed. The City Council heard the request but felt approving a
variance for access at that time, prior to approval by ITD, was premature.
In the minutes from that meeting, is was stated that Council's previous position had been to not
allow access on state highways until the applicant had worked out any issues with the
transportation department and received their approval. At such time, the applicant would request
a variance from Council and generally get a favorable response. Based on this discussion, the
applicant chose to withdraw the application and pursue a variance through ITD before requesting
approval of a variance from the City. Subsequently, ITD has approved the variance for access and
the applicant is now requesting approval of the variance from the City as recommended by
Council.
A traffic analysis, dated November 17, 2010, prepared by Stanley Consultants, was submitted
with this application which considers and evaluates the intersection of Eagle & Pine and the
traffic impacts with a BIRO access on Eagle between Pine & Commercial as proposed. In
summary, the traffic analysis surmises the BIRO would reduce traffic at the intersection, lower
the average delay, and reduce the right-turn traffic approximately 12% during the PM peak hour
resulting in queue length reduction and an overall improvement in site circulation. Additionally,
Scentsy Campus MDA-10-010; VAR-10-002
Page 4
EXHIBIT A
the RIRO access is projected to reduce the number of conflicts and likelihood for potential
crashes at the intersection due to reducing traffic at the intersection.
In accord with UDC 11-SB-4E, in order to grant a variance, the Council has to make three
findings as follows: 1) The variance shall not grant a right or special privilege that is not
otherwise allowed in the district; 2) The variance relieves an undue hardship because of
characteristics of the site; and 3) The variance shall not be detrimental to the public health, safety,
and welfare. Please see Exhibit B for Staff's response to these findings.
IX. EXHIBITS
A. Maps/Other
1. Vicinity Map
2. Map showing the Subject Property within the Previous Pinebridge Development
3. Applicant's Proposed Changes to Development Agreement
4. Staff's Recommended Changes to Development Agreement Proposed by Applicant
5. Proposed Conceptual Site Plan
6. Proposed Conceptual Building Elevations
7. Idaho Transportation Department Encroachment Permit & Approval Letter
8. Proposed Access/Lane Configuration
B. Required Findings from the Unified Development Code
Scentsy Campus MDA-10-010; VAR-10-002
Page 5
EXHIBIT A
Exhibit A.1 -Vicinity Map
Scentsy Campus MDA-10-010; VAR-10-002
Page 6
EXHIBIT A
Exhibit A.2 -Map showing the Subject Property within the Previous Pinebridge Development
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Scentsy Campus MDA-10-010; VAR-10-002
Page 1
EXHIBIT A
Exhibit A.3 -Proposed Changes to Development Agreement
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. .O.T. 1 LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this day of , 2 l OQ~, by aad between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CITY, and~i.O.T. 1, LLC,
whose address is 3698 E. Lanark. Meridi Idaho 3642 hereinafter called
OWNER/DEVELOPER.
RECTTALS:
~~- Deleeed: Dn~:maimma
ue~ed: oa --•---
Dekbed: DID tnveuments~
~ e.Mad: zso ss. e~~a, s~m:2o,
a~
oa~eoea: ss~a9
1. i WHEREAS, Owner/Developer is the sole owner, in law and/' oel.tea:
equity, of that certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code 67-6511 o_vides that cities may, ~ De~etea: Lc.
ordinance, require or permit as a condition of re-zoning that the ue~eeea: u.eo case,
Owner/Developermake awritten commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer has submitted an application fora ~~:
Modification to Development Agreement dated 2-28-08 instrument
# 10802289.3,: and ueieeed:. ma ~ araK
1.5 WHEREAS, OwnedDeveloper made representations at the public
hearingbefore the Meridian City Council, as to how the subiect
r~apary•e deaedbed in Ebbs a ®a ~
ngaesua. ~ of c-c (omasl
c~~), ( caae of the city
of Maidi.a>
Property will be developed and what improvements will be made; and Da1s~` e
cebc.a: ~ bey ~ ~;mffi
1.6 WHEREAS, record of the proceedings for the requested r ~ ~e ~~ ~
development agreement modification for a subject Property held i aoe~
DEVELOPMENT AGREEMENT (AZ 07-006 8c RZ 07-010) PINEBRIDGE SUBDMSION
PAGE ] OF 10
Scentsy Campus MDA-10-010; VAR-10-002
Page 2
EXHIBIT A
before xhe City Council, include responses of overnment o~cea:,ea was ~ ~e
subdivisions providing services within the City of Meridian planning c0~°°a• ~ "ieaa`"10°'~' before
jurisdiction, and received further testimony and comment; and
1.7 WHEREAS, City Council, the da o has roved certain Ceweea: ~
Findings of Fact and Conclusions of Law and Decision and Order, set oaNCad: xovemher
forth in Exhibit B, which are attached hereto and by this reference ~~; Z~~
incorporated herein as if set forth in full, hereinafter referred to as (the
Findings); and
1.8 WHEREAS, the Findings require the Owner/Developer to modi
the existing development Bement to reflect the change in
ownership: and ,... eeteEM: entu n~ a deretepment
,~~~ ~~ ~ ~r couaca:alcea
1.9 WHEREAS Owner/Develop~eems it to be in~ts best interest to ~~~
be able to enter into this Agreement and acknowledges that this Formmed: Font: aad
Agreement was entered into voluntarily and at 'ts ur ' and re uests• oetet~l: owxswnsvawesx
and \ : ~~
1.10
WHEREAS, City requires the Owner/Developer to enter into a oaieeea: s~
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement, herein
being established ~n accordance with the amended Comprehensive i oaweed: ,~ a rerun of evidence raxived
Plan of the City of Meridian adopted August 6, 2002, Resolution No. ~' tea c~ri m te` p°°`°°~i°e` f°` ~'°8
02-382, and the Zoning and Development Ordinances codified in deaignetian aom govanommc e~divieimr
providing smvicer within d:e plsming
Meridian Unified Development Code, Title 11. ;virdiction and fiom atj6~oed per
ewaas and to eorme ro-zomg
aesienmim
NOW, THEREFORE, in consideration ofthe 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. DEFIlVITIONS: 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
DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE 2 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
Page 3
EXHIBIT A
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to H.O.T. 1. LLC, ~ ~ olvIDmveatowots ~
whose address is,3689 E Lanark Meridian Idaho 83642 the patty o~od zso s aeedtvrood sse. 12D
that owns and is developing said Property and shall include any ~ a°'°°• 1dasD ~~ ~
subsequent owner(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in _
Exhibit A describing the pazcel cun•ently Toned C-G General ~. _
Commercial) attached hereto and by thts reference incorporated tom: m he armarod ~d
herem as tf set forth at length.
4. USES PERMTTTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2B-2 which aze herein specified as follows:
Construction and development of,~i5 +/_ acres in the proposed C-G ~. DdaEed:6lbdlddrt~btsadll
zone pertinent to tke_ annlications. °°"°"0" t.a °' r~o
- - taeNe•a:.tz-e~.ocs.~rizo~-~t®
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: w~soed: z.. >~ sua«.tmu he
aarmded to i.o~vst Grove prior to
5.1. Owner/Developer shall develop the Property in accordance with the ~r,y „
following special conditions: rye A~•
~~
oakted=1
1. Develo meet of the o shall substanti
P pr perry ally comply with the t
3. • ~,~~ ~
conceptual site plan and elevation submitted with the subject application why ~ a~ ~ •m
and the concepts outlined below ~''h` °°"°~'ba° "° ~oiYed "~ m
. ~P~Y pemtita prig ro fioel p~
exrndaticm. 1Le Pleoodng Dirxtor sod
the Devdopm~ Services INmeger atlhe
4. The following concepts shall be employed in the development of the
dditimal oxupmcy permi4 (not to
~ ~~~ ~ ~~
ProPerty~ escaad 13) ifthe admioistrstm oFthe
previous 7 eeema to be elBeimt sod is she
City's bert mtmeat,
DEVELOPMENT AGREEMENT (AZ 07-406 8c RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE 3 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
Page 4
EXHIBIT A
a. General massing of buildings, roundabouts and landscape islands in
streets shall be constructed as generally shown on theFonceptual site ,
plan prepared by,~TA, Inc., dated 1,~ 12-10. '
b. Pedestrian connections shall be constructed between buildings in the
form of pathways distinguished from vehicular driving surfaces
through the use of pavers, colored or scored concrete, or bricks;
, ~• Common areas with site amenities (i.e., plazas/courtyards, ,
water features, pit~lic areas, flower gardens, public art, etc.) are
encouraged to be included withiun the,~3evelopment. _
walls should demonstrate the
appearance of high quality materials of stone, brick, wood, or other
native materials (acceptable materials include tinted or textured
masonry block,.textured or osinted architectural~oncrete panels, or
stucco or stucco ll~ce synthetic materials_ ,Smooth faced concrete
block, tilt-up concrete panels, or prefabricated steel panels are'
acceptable with the addition of ,paint and/or high quay accent
materials.
~. The building design shall incorporate at least 2 changes in one or a
combination of the following: color, texture and materials; ~
. Rooflines shall demonstrate 2 or more of the followin : overhan '
eaves, sloped roofs, two or more mof planes, varying parapet heights,
and cornices;
,g. The rP imary building entrances shall be clearly defined by the
architectural design of the building. \
Buildine "A" is an accessory use within the current zoning
designation and will be permitted to be constructed~rior to other
princivally permitted structures B or CZper this agreement
months of coin lp sting the previous building
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
Owxler/Developer or Owners/Developers heirs, successors, assigns, to comply with Section 5
entitled "Conditions Governing Development of Subject Property" ofthis agreement within
two years of the date this Agreement is effective, and after the City has complied with the
notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent
amendments or re=codifications thereof.
DEVELOPMENT AGREEMENT (AZ OT-006 & RZ OT-010) PINEBRIDGE SUBDIVISION
PAGE 4 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
Deletes: preliminary plat and
Deleted: atmtay ConsultaNs
DtNeted: s-s-o~
Dt:lebtSd: c.. Stnu4nes shorn be butYt
adjaeeot to roadways with a majairy a£
the parlring m the rev and sides of the
~t
Deleted: d
eta pettion ofdx
Dtrlebtxl: and wrYl be regawrad in ~
-fam7y portico of the devdopmea.
Deleted: e.. StructtQOS ahonidbe
oriented towed mch oihv a the adjacent
street(s) if these is no pvlomg in the fsant
of die building
Dteleted: f.. windows, awnings, ar
arcades totaling et least 30% of the length
of dx: tagade should be provided for
Facades that ero viewable from other
Deleted: g.. Provide wancways at least
8 feet in width fa any aisle kagth that is
greater than 150 padoog apacae ar 200 i
Feat away from the main bua7dmg
entrance:
Dtsleted: h
Dt: textured mesatgy black,
I Deleted:
Deleted: - a
DeleEed: prohibited except as
Deleted: i
Deleted: j
Deleted: k
Deleted:l
Dtdeted: A Conditional Uee Pemrit for
the muhi-fawly Patton of this
dovelnpmeot shall be submitted prior ro
anbmittiog for 6na1 plat approval au<that
ama.
Formatted: IttdenC left: 1.38',
Hanging: 0.13", Numbered + level:
1 + Numbering Style: f, fi, fir, .,. +
Start at: 1 + Allgntnttttt: left +
Aligned at: 1.94" + Tab after: 0" +
Indent at: 2.44"
Formatted: Indent: Hanging: 0.13"
Deeted: a
Page 5
EXHIBIT A
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owner/Developersonsents upon an actual showing of default as determined
by a court of competent jurisdiction to the reversal of the zoning designation of the property
subject to and conditioned upon the following conditions precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developerand if the Owner/Developer fails to
cure such failure within six (6) months of such notice.
8. INSPECTION: Owner/Developer shall, immediately upon completion of
any porkion 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 Development Agreement and all other
ordinances of the City that apply to said Development
9. DEFAULT:
9.1 In the event Owner/Developer, or Owner/Developer's heirs,
successors, assigns, or subsequent owners of the Property or a~ other
person acquiring an interest in the Properly, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Property and a court of competent jurisdiction
rules that Owner/Developer is in default hereof, this Agreement may
be modified or terminated by the City upon compliance with the
requirements of the Zoning Ordinance,
9.2 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
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to Owner/Developer„
11. ZONING: She Curfellt zotung of C-Ci (C'reneral C'ommerriall shalt remain
DEVELOPMENT AGREEMENT (AZ 07-006 8c RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE 5 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
ttMeEted: , prior to the thad readm8 of
~ n.+a~id;,a zaoiog Ordioaoca
aonnecaon with We te~zmiog of the
Pmpetty by the City ComciL afar mY
maem a~ audt recaaed®. the ctv
Co®atl ~ ro >dapt the io
canmofim with the amtamfian and
wing of the Pcopvty wot~plded
hemby, the City shall exaao0e e~,eaord
as approprime ioautment oftetaaee of
~~1
racoxdaGm of ~s duty appmved
Agreeumot, enact a valid and binding
otdineaoe coning the Property as epeciSed
horoin.
Page 6
EXHIBIT A
12. REMEDIES: This Agreement shall be enforceable in any court ofcompetent
jurisdiction 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.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Owner/Developer shall have thirty (30) days aRer
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannof
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed far causes
which 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..
13. SURETY OF PERFORMANCE: The Citymayrequire irrevocable letters
of credit, cash deposits, certified check as allowed under Meridian City Code Section 11-5-C,
to insure installation of any unfinished improvements that are not in conflict with Section 15
of this Agreement. At the City's sole discretion the Owner/Developer agrees to provide
surety in the form as required by the City, if necessary.
14. CERTIFICATES OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued
been installed, completed, and accepted by t
letter of credit for unfinished improvements.
ease in which the improvements have not
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
DEVELOPMENT AGREEMENT (AZ 07-006 8t RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE 6 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
o.+acaa: Ana as ~paovmmu ~
camplemd, mlesa the ptY.na
oeveloper{Owna has emceed into an
addendum agteemesn sratiog whan the
imQcovemaate wiL be oomplaad im a
phseed developed; and in atry evem, no
Cadfi~ of oowpmoy span he issued
Page 7
EXHIBIT A
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. 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:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
with copy to:
ID
City Clerk Phi11iD E. Broadbent
City of Meridian Scentsy, Inc.
33 E. Idaho Avenue 3698 E. Lanark
Meridian, ID 83642 Meridian. ID 83642
16.2 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.
17. 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.
18. 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.
DEVELOPMENT AGREEMENT (AZ 07-006 8c RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE 7 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
1)eleEsd: DMB Tm~mb
Delat~ 250 S. seerhwaod. Siri6e 120
' Deleted: same
DEkted: 83709
Page 8
EXHIBIT A
19. 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 OwnerfDeveloper ofthe Property, 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 writtenrequest of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer has fully performed its obligations under this Agreement.
20. 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings betweenOwner/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/Developerand 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.
21.1 No condition governing the uses and/or conditions governing re-zoning ofthe
subject Property herein provided for can be modified or amended without the
approval of the City Council af3er the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
andlor amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date~f execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 07-006 8c RZ 07-010) PINEBRIIxiE SUBDIVISION
PAGE 8 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
oebtea: ~e tam ~ c~a
zming ord~oe in aoamaim
eb.~em ma gab
Page 9
EXHIBIT A
~cxxc~wi.mc
11+I 1~ Wf70F, tha P fmre ~ tlria ~paemed
aad mrde itli afffiacta~ os h~bovs provided.
owrtv~xwe
.B 1J,C o.rr.r, nest
BY;
CITY ~~ IAPt
BY:
6dAY(]k "f'A1~pMY ~1o WEF,RD
AT[LST;
f,,L~t1i-90i,F ~t tRZffd-0i4)
tA(~ 9 OF t4
Scentsy Campus MDA-10-010; VAR-10-002
Page 10
EXHIBIT A
sr~-~ c~ ux~HC~, ~
tam tihis day of . __ . ~1S!-_. ~ the woe
e Pub~a ® aad 6or aid State. pssasellY peered
kaawa w identified to ~ to be, the
<_~fH,q,T.1.1;3~C. a~imawle~#t~adar ma thrthe e~aiiud a~1M~ds uwu bw.....
tba s cm beh*lf of ssdt! -
IlV ~ 'F'~ I bare herreerho set my head snd fixed my
of~it~! say[ tic day rud Yom' is this a lhet above vtirimeu.
'~,)
Notary Public for tdalw
A+ty ~iuaiea Eapitea;
STATE OF IIDAH~C1 ~
ae
tJ®dtis dgtxf .2D04;,betgret~al+lpba'y
Public, spp~atxad Timmy de Woad. sad i~tilhem G. ~ k., icnonrr au identified
Ga tae t4 be fiaa Mttyar end Cleric. tsapectirei~,r. of dse ~!' of 1Neridi~aa, whn mceourod ehe
is~s of eeid . end admawl~od~od wo me that Bch CiCy exe-~-ted tbetwme.
pd W1Ti~.~S 'WEi~RiBOP, I terns eat mX haod end ei'fixed my
v~ie1 sal the da~r stall year in drie cta~ficase brat ebo+ro wrimea.
~ ~
Notary Yuhlic ~ Ldabo
Rtsidi~g ~
{~ a'T•OOd ~ ttZ arfaia} titN~tti~S38 9lXBDMSTOtd
PAS lb (3F lU
Scentsy Campus MDA-10-010; VAR-10-002
Page 11
EXHIBIT A
Exhibit A.1 -Vicinity Map
Scentsy Campus MDA-10-010; VAR-10-002
Page 6
EXHIBIT A
Exhibit A.2 -Map showing the Subject Property within the Previous Pinebridge Development
- -~ _i
- _ _ ~ ~ ~ e~ ..,..oo..
a , m~°°~""a.~L"~M~a, g
~~~
~.
S~
a~,
~jd
w~~ a
sage ~~F*~+t~ ~~
~~ _
'~„' `
,`,~
SATE
i
Y r m~ao. n. ~ -- ~' ~ ~f ~~ 01
Scentsy Campus MDA-10-010; VAR-10-002
Page 1
EXHIBIT A
Exhibit A.3 -Proposed Changes to Development Agreement
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. ,H OiT, 1 • LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this day of , 2Q10 by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CITY, and ~-LO.T. 1, LLC,
whose address is X698 E. Lanark, Meridi Idaho 3642 hereinafter called
OWNERlDEVELOPER.
RECTTALS:
~- Dareted: Db1B Iweamena
Deleted: os _
~. Dlkted: D[~ Imertmenb
~ D.Mtw: zso s. s~nW~a, s~ ~zo,
s~
Dakted: 83709
1.1 WHEREAS, Owner/Developer is the sole owner, in law and!' DaMtsd:
equity, of that certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code. _ & 67-6511A„provides that cities may_, ~~.~--~ ~~: tc.
ordinance, require or permit as a condition of re-zoning that the Ddetee::a.no coda
Owner/Developermake awritten commitment concerning the use or
development of the subject Property; and
1.3 WFIEREAS, City has exercised its statutory authority by the
enachnent of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner eveloper has submitted an application fora :
Modification to Development Agreement dated 2-28-08 instrument
#108022893.: and D~eted:.~,a~ma~ofrhe
1.5 WHEREAS, OwnerlDeveloper made representations at the public
hearingpefore the Meridian C~ Council, as to how the subject
Property will be developed and what improvements will be made; and
r~opa:y'e lambed m ~:~ A and hea
gaud, m otc.c (aeaaal
c ~, (M~a cAae ~ea,~ cay
Deleted: e
D~eeed: uae befane die dim
1.6 WHEREAS, record of the proceedings for the requested ~ ~ c ~
development agreement modification for.the subject Property held Deleted:.~.eea.oa~
l aesi~tiao of _
DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE ] OF 10
Scentsy Campus MDA-10-010; VAR-10-002
Page 2
EXHIBIT A
before xhe City Council, include responses of govemment oe+eeed::be ~
subdivisions providing services within the City of Meridian planning c°~""°°~ ~ 'h' ~°
jurisdiction, and received further testimony and comment; and
1.7 WHEREAS, City Council, the da o has roved certain oaktea: r''
Findings of Fact and Conclusions of Law and Decision and Order, set oala6ed: xov®ber
forth in Exhibit B, which are attached hereto and by this reference oekEed: Zoor
incorporated herein as if set forth in full, hereinafter referred to as (the
Findings); and
1.8 WHEREAS, the Findings require the OwnedDeveloper to modi
the existing development aazeement to reflect the change in
ownershin:and oeleeea:e~;~:o.a~~~
,~~~ ~~ ~ cay c~a n~a
1.9 WHEREAS Owner/Developer.deems it to be in~ts best interest to ~~
be able to enter into this Agreement and acla-owledges that this w.maeeea: Port: edd
Agreement was entered into voluntarily and at,~urging and re uq eats; oe~eced: owxaaemav$roeax
and ~~ \ : ~,Q
1.10
WHEREAS, City requires the Owner/Developer to enter into a o.~eeea: d~
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement, herein
being established,}n accordance with the amended Comprehensive ~-- wwad: es a reA,tt ot'ev;amce raxivea
Plan of the City of Meridian adopted August 6, 2002, Resolution No. ~' ~'° cry m m~ ~°`°°a'°e. 6°` ~e
02-382, and the Zoning and Development Ordinances codified in a~eaer;~ ~ ~~ ~~~
Pros. ~~ ~ vas
Meridian Unified Devel ment Code, Title 11.
op jiidi°m 80d fi'01°' ~'~`S'
.oe ro ~ n-
a~~m
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and aze incorporated herein as if set forth in full.
3. DEFWITIONS: 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
DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE 2 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
Page 3
EXHIBIT A
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to ~-I.O.T. 1, LLC, _i; : nlv~m~a~n~
whose address is.~689 E._Lanark. Meridian. Idaho 83642 the party t~debed: zso s. eeeehtwotl s>a tzo,
that owns and is developing said Property and shall include any ~B°"°•~~~ ~
subsequent owner(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcel currently zoned C-G _~General Deleted: a
Commercial), attached hereto and by this reference incorporated Deletetd: m be attoated~
herein as if set forth at length.
4. USES PERMITTED BY TffiS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian Unified
Development Code § I 1-2B-2 which are herein specified as follows:
Construction and development of i,4S +/_ acres iIt the proposed C-G ,. Dmetea: tit b~as/J1
zone pertinent to the. applications. ~` °' 170
w DellOCd:,lZ9T-OB6awIB7~07dI0
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDTTIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY: Debcaa: z pine street alrll he
amended to Loaut Give prwr to
5.1. Owner/Developer shall develop the Property in accordance with the ~ COOf~ca°~OD0ro00~~
> thx vrauta .~. to
following special conditions: pens nv~_
Dttdettedt'
1. Develo meat of the o shall substanti
P pr perry ally comply with the t
3. _ ~,~ aro
conceptual site plan and elevation submitted with the subject application W~ ~ ~~a ~ ~ an
and the concepts outlined below. ~' "" °eYd°~ ah'a h° °a°"0d "p m
~p~7 panda ptia m find pYt
recadation. 1Le Pleosiog Director sod
the Development Savioee Manager of the
City of Maidim nmy consider a0owiog
4. The following concepts shall be employed in the development of the aaair~oe-occnpenerpa~iacnotw
piOperty: exceed l3) ifthe m olihe
previous 7 seems to be e~eiart and in the
City's best immeat.'
DEVELOPMENT AGREEMENT (AZ 07-006 8c RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE 3 OF IO
Scentsy Campus MDA-10-010; VAR-10-002
Page 4
EXHIBIT A
a. General massing of buildings, roundabouts and landscape islands in
streets shall be constructed as generally shown on theFonceptual site
plan prepared by,~A, Inc., dated 1.~ 12-10.
b. Pedestrian connections shall be constructed between buildings in the
form of pathways distinguished from vehicular driving surfaces
through the use of pavers, colored or scored concrete, or bricks;
,~. Common areas with site amenities (i.e., plazas/courtyards~
water features, picnic areas, flower gardens, public art, etc.) are
encouraged to be included within the~evelopment.•
i. Exterior building walls should demonstrate the
appearance of high quality materials of stone, brick, wood, or other
native materials (acceptable materials include tinted or textured
masonry block,~textured or painted architectural~onerete panels, or
stucco or stucco lllce synthetic materials_ Smooth faced concrete
block, tilt-up concrete panels, or prefabricated steel panels are,
acceptable with the addition of paint and/or hi hg`qualitx accent
materials.
e. The building design_shall into rate at least 2 changes in one or a
combination of the following: color, texture and materials;
f. Rooflines shall demonstrate 2 or more of the following: overhanging
eaves, sloped roofs, two or more roof planes, varying parapet heights,
and cornices;
,g. The ~ar~buildin~_entrances shall be clearly defined by the
architectural design of the building. '
the conceptual site plan (A B C etc )_
designation and will be permitted to be constructed prior to other
principally permitted structures lB or C per this agreement
months of completing the previous building_
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
Owner/Developer or Owners/Developersbeirs, successors, assigns, to comply with Section 5
entitled "Conditions Governing Development of Subject Property" ofthis agreement within
two years of the date this Agreement is effective, and after the City has complied with the
notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent
amendments or re_codifications thereof.
DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE 4 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
Deleted: pzalimiuary pLY and
Deleted: smdey conwtanre
Dabbed: 3-5-07
Deleted: c.. Strocdues shah be bur7t
adjacent m roadways with a majority of
>be parking to the rear sad aides of the
sttucnaea.t
Dabbed: d
Ddeeed: offcdmmi pordan oftiro
Deleted: and wc7l be regairea in the
Deleted: e.. Strucnaea shonldbe
oriaued toward oath other a the adjacent
stroet(s) if rhero is ao parl®g in the Root
of tlx buildings
Deleted: f.. VYbuiowa, awamgs, a
arcades totaling at least 3096 of the length
of t~ fegade should be provided for
facades that era vrawable Srom other
Deleted: g.. Provide waDcways at tees<
8 feet in width for any aisle length that is
!fir then 1s0 padting spaces err zoo
feat away from the man budding
mtiance:l
Deleted: h
Deleted: textured meacmy black.
Deleted: cooed
Deleted: - s
Dabbed: prohibited accept ae
Deleted: i
Deleted: j
Dabbed: k
Deleted: l
Dtelabed: A Couditicml Use Permit for
tho mobs-faintly potion of this
devekpment dtau be submitted prior to
submitting far final plat approval m thu
eras
Formatted: Indent: Left: 1.38',
Hanging: 0.13", Numbered + Level:
1 + Numbering Style: i, fi, Iii, ... +
Start at: i + Alignment: left +
Aligned at•. 1.94• + Tab after: 0" +
Indent at: 2.44"
Formatted: Indent: Hanging: 0.13"
Delebad: e
Page 5
EXHIBIT A
CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owner/Developerconsentsupon anactual showing of default as determined
by a court of competent jurisdiction to the reversal of the zoning designation of the Property
subject to and conditioned upon the following conditions precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fails to
cure such failure within six (~ months of such notice.
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 Development Agreement and all other
ordinances of the City that apply to said Development.
DEFAULT:
9.1 In the event Owner/Developer, or Owner/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 and a court of competent jurisdiction
rules that Owner/Developer is in defauhhereof, this Agreement may
be modified or terminated by the City upon compliance with the
requirements of the Zoning Ordinance.
9.2 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
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIItEMENT FOR RECORDATION: City shalt record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to Owner/Developer,`
11. ZONING: The Current zoninta of C.'-(': (('reneral (,nrntnetriall shall remain
DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-0] 0) PINEBRIDGE SUBDMSION
PAGE 5 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
otMs~ed:, prior rothe thcd ~g of
,~ naariaian zeaiog Ordinaee in
wanecdm with ILe tezwing of the
Aopaty by the City Co®ciL If for mY
tmem albs ouch tewtdatiw, the City
c~ea foe m adept the ardiosoa m
eonmotim with the amtma6w and
zooin6 of the Pmpatr ewEemplated
hetaby, the City ehal! azeame and taws
tm apP~p~ mae»ment of tebaee of
~®t1
area: riey abag, fvuowing
recmdatim of the duly ~d
ng~aomeot, onset a valid end binding
ordimoos dtn Property o apeciSed
be,em
Page 6
EXHIBIT A
12. REMEDIES: This Agreement shall be enforoeable in any court of competent
jurisdiction 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.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Owner/Developer shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannof
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
maybe extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 Tn the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed far causes
which 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..
13. SURETY OF PERFORMANCE: The City mayrequire irrevocable letteas
of credit, cash deposits, certified check as allowed ands Meridian City Code Section 11-5-C,
to insure installation of any unfinished improvements that are not in conflict with Section 15
of this Agreement. At the City's sole discretion the Owner/Developer agrees to provide
surety in the form as required by the City, if necessary.
14. CERTIFICATES OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued,~n any
been installed, completed, and accepted by the
letter of credit for unfinished improvements.
-ase in which the improvements have not
or otherwise entered into an approved
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
DEVELOPMENT AGREEMENT (AZ 07-006 8t RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE 6 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
DNubed: anal ett i~owemmm me
oomdewd. ~ ~ c;ry,ed
DevdapadOanar hs entered into m
sddenaim algeement etaan8 whm me
imre w~Il be camptaoea m a
phexd developed: and in my event, no
c«ase~ of oo~enov ~ rte iesuod
Page 7
EXHIBIT A
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. 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:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
with copy to:
LLC
City Clerk Phillip E. Broadbent
City of Meridian Scentsy,_Inc.
33 E. Idaho Avenue 3698 E. Lanark
Meridian, ID 83642 Meridian. ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in acxordance with the
requirements of this section.
17. 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.
18. 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.
DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-O10) PINEBRIDGE SUBDIVISION
PAGE 7 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
! Deleted: DMH Invammmis
Dalded: zso s. Beachwood. s,riro izo '
Deleted: Boise
DEleted:83709
Page 8
EXHIBIT A
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, inchidiuag City's corporate authorities and their successors in office. This
Agreement shall bebinding onthe Owner/Developer ofthe Property, 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 writtenrequest of Owner/Developec, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer has fully performed its obligations under this Agreement.
20. INVALID PROVISION: ff 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developerand 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/Developerand City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be bindmg 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.
21.1 No condition governing the usesand/or conditionsgoverning re-zoning ofthe
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
andlor amendment in force at the time ofthe proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be e$ective
on the date,~f execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION
PAGE 8 OF 10
Scentsy Campus MDA-10-010; VAR-10-002
oeleEed: ~e ® City cowca
~u,a~c ~ ~m me
zaoing ord~oe in oounaceim
me.~em ma ~ gun
Page 9
EXHIBIT A
~-c~a~rvv~rncncs
~' ~ Wi~RF}C1F, the P~ have Ytt~ thu yiaameot
end a~tde itlt ease es ptavided.
OlEV1~WPR~t
S.~.LId 1d.C o.rt.r tweis
BY;
CITY Off' ML~l~
BY'
MAYt7k TAMMY de WEERD
AT[ES7:
City Ci.E~R
r G+x n~-4q~ a! R2 o~to~
g~ s a~ to
Scentsy Campus MDA-10-010; VAR-10-002
Page 10
EXHIBIT A
s~r~~ o~` ~axo, ~
Cc~umty of A.dr. a
he1~ _ the wM,we>wa
- _ •---
* 1Ve~y Public ® aad 6or said ~. PAY aPP~
kmwn err identified to me to be die
T~..L>~sdtaawLadamd.tUmsdyrthea~ecuied ti~dl~su~ab~....r
the ast~re on brsbpilf oif std oa~porstios~.
itri ~ ~, I have heremrCO eet any henQ snd w~aced mpF
af5c~ii! aQat the dey sad y~ m this carti$c~ ti,at eDave wrletsa
~~~
Nc~mry Public tar ldelro
Rarddin6 et:
My ~iuaiaa Expires:
~TA"TE Ol+ Q~AH4] )
ere
~'memq' of Ada
Ore dris dqr of , 2DOi, hetoen aAe, a No~e~+~
1'~bik, .~ Tnmmy de Woerd aed ~'i~ a. ~ k., knenv ~ ideattl9ed
to ate to be d~ Mr~or snd Clerk. ezapective~y. of die Citlr crf lee, ~ eocecrried IAe
i ~fataeid City. snd sekn+a~rlad~ed Ib afs that anch C:ky eutewled tba errae,
~+1 'G1"l'Bh1~S '~'I~'R170P, I berme act my head snd efi~xed my
niel acal dve dtgr ~ yeg in thin catifiea0e fi~ shave vrrr
{ ) Kam' Public ~ Idaso
C+oamsissim
{,+-z ~rryoa6 ~ rrz arrntoi ptl~e6~o~ st~cnvtsronr
PM1E lb (~F Itl
Scentsy Campus MDA-10-010; VAR-10-002
Page 11
EXHIBIT A
Exhibit A.4 - Staff s Recommended Changes to Development Agreement Proposed by Applicant
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. Development of the property shall substantially comply with the conceptual site plan and
elevations submitted with the subject application and the concepts outlined below.
42. The following concepts shall be employed in the development of the property:
a. General massing of buildings, roundabouts and landscape islands in streets shall be
constructed as generally shown on the conceptual site plan prepared by CTA, Inc.,
dated 11-12-10.
b. Pedestrian connections shall be constructed between buildings in the form of pathways
distinguished from vehicular driving surfaces through the use of pavers, colored or
scored concrete, or bricks;
a Common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas,
flower gardens, public art, etc.) are encouraged to be included within the development.
~a,.,~o L..-:,.1. ,.,7 !.*L.o.- ...,«;.,o «.,..«o,.:.,1~ ~.,,.,.o.~«.,l..lo .Y..,+o..;.,1~ : ,.1,,,70 «;.~ro,a ,.
~~~a..,, , • ,
s~sEe~i~E~S'j9ithett6-~iaterials~a'~cci-wiie~et 1e~lwirt~il~-~tp-vrnic-Fee ~niroiS~ C~'r
r* ..,,,.o .,1~
f 110.:.;..,.. ,.,.1,..- •ov+„ro .,..,7 ,Y...4o.-; ..1~•
,
„F •...,, ,. ,.4'..1.,,,0 «o* L.o:~.l.+~ ..,7 ,.
a ., e..;
Tl,o ., ,1.,,:1.7:,,,.. o...+.-.,.....o~ X7...11 l,e ,.le...-1...7e~...o,7 1... •L.o ., r,.L.;to,.+„«.,1 .7e~;.... ,.4'
g. ~ ~a
~~i~i13g
h3. Buildings will be constructed in the order they are generally listed on the conceptual site
plan (A, B, C, etc.).
}4. Building "A" is an accessory use within the current zoning designation and will be
permitted to be constructed prior to other principally permitted structures (B or C) per
this agreement.
~5. The construction of either building B or C will commence within 30 months of
completing the previous building
~, The applicant shall work with the developer of Pinebrid>?e to clarify when & by
7. Sanitary sewer service to this development is being proposed via extension of mains in N
Hickory Ave. The applicant shall install mains to and through this subdivision; applicant
shall coordinate main size and routing with the Public Works Department, and execute
standard forms of easements for any mains that are required toprovide service.
Minimum cover over sewer mains is three feet, if cover from top of ape to sub- agr de is
Scentsy Campus MDA-10-010; VAR-10-002
Page 12
EXHIBIT A
less than three feet than alternate materials shall be used in conformance of City of
Meridian Public Works Departments Standard Specifications.
8. Water service to this site is beingp~osed via extension of mains in E Pine Ave and
Commercial St The applicant shall be responsible to install water mains to and through
this development, coordinate main size and routing with Public Works.
9. The applicant shall provide a 20-foot easement for all public water/sewer mains outside
o_public right of way (include all water services and hydrants). The easements shall not
be dedicated via the plat, but rather dedicated outside the plat process usin tg he City of
Meridian's standard forms. The easement shall be graphically depicted on the plat for
reference purposes. Submit an executed easement (on the form available from Public
Works), a legal description, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B)
for review. Both exhibits must be sealed, signed and dated by a Professional Land
Surveyor. DO NOT RECORD. Add a note to the plat referencing this document.
10. The City of Meridian requires that pressurized irri at~ystems be supplied by a year-
round source of water (MCC 12-13-8.3) The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available, asingle--point connection to the culinary water system shall be required. If a
single-point connection is utilized, the developer will be responsible for the payment of
assessments for the common areas prior to certification of occupancy for any structures
within the project.
11. All existing structures that are required to be removed shall be certification of occupancy
for any structures within the project.
12. All irrigation ditches, laterals or canals, exclusive of natural waterways intersecting,
crossing_or lying adjacent and contiguous to the area being subdivided shall be tiled per
UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district or
lateral users association (ditch owners) with written approval or non-approval submitted
to the Public Works Department. If lateral users association approval can't be obtained
alternate plans shall be reviewed and approved by the Meridian City En ineer prior to
final plat si ang_ ture.
13. Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian
Engineering Department at (208)898-5500 for inspections of disconnection of services.
Wells may be used for non-domestic purposes such as landscape irrigation if approved by
Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190.
14. Any existing septic systems within thisproject shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment
procedures and inspections (208)375-5211.
i.,,.o ,.,.e.. ~ ,~.o,., ~n.,ii i.o ., ,oa ,,.,a .,,,.:.,.,.oa ~ .,,.:~,.
r~ ,. .,~....,,,•oa ~.,a w.,~o .. >oa > .no n a„ r,.,,~.. u: t,,.,.,,.
•; iir rvr-vuisc[ixr~'-pcnracr.
15. A letter of credit or cash surety in the amount of 110% will be required for all
uncompleted fencing, landscaping amenities pressurized irrigation sanitary sewer
water, etc., prior to obtaining certificates of occupancy permit.
Scentsy Campus MDA-10-010; VAR-10-002
Page 13
EXHIBIT A
16. All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy
17. The Applicant shall be required to pay Public Works development plan review, and
construction inspection fees as determined during the plan review process, prior to the
issuance of a plan approval letter.
18. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of En ing eers.
19. Developer shall coordinate mailbox locations with the Meridian Post Office.
20. All ading of the site shall be~erformed in conformance with MCC 11-12-3H.
21. Compaction test results shall be submitted to the Meridian Building Department for all
building_pads receiving engineered backfill, where footing would sit atop fill material.
22. The applicants design engineer shall certify that all seepage beds out of the public ri hg t
of-way are installed in accordance with the approved design plans. This certification must
be received by the City of Meridian Public Works Department prior to the project
receivin fg mal approval.
23. At the completion of the project, the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for anY
structures within theproject.
24. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City
of Meridian Department of Public Works Improvement Standards for Street Lighting
All street lights shall be installed at developer's expense. Final design shall be submitted
to the Public Works Department for approved. The street light contractor shall obtain the
approved design on file and an electrical permit from the Public Works Department prior
to commencing installations. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
Scentsy Campus MDA-10-010; VAR-10-002
Page 14
EXHIBIT A
~C
,~ ~
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~ ~
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~~~
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sub: r=~sa ~ pq~.~
Scentsy Campus MDA-10-010; VAR-10-002
Page 15
Exhibit A.5 -Proposed Conceptual Site Plan
EXHIBIT A
Scentsy Campus MDA-10-010; VAR-10-002
Page 16
Exhibit A.6 -Proposed Conceptual Building Elevations
EXHIBIT A
Scentsy Campus MDA-10-010; VAR-10-002
Page 17
EXHIBIT A
Exhibit A.7 -Right-Of--Way Encroachment Permit Approved by ITD & Approval Letter
im roe per.. od`~og
~d
Sfir~' e-.
Rlpht~ONMfa~- 'o~hmrrft A~Ilaallo~n end P~ret~t
AAf~~ iawd ~~ Encrot~
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wi1+ r ro,
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~~
+~~ a
~ainr ^ ~ w„ C
~aro.~'
vrleids Tilps wr orb .
H.O.T. 1. LLC ~ ~ ~ ~~
PI~eMt
I~ I~~ _. ~~ refit
~ ~.
b ~ " ~ ~ iIlOM1 oil ~'~1f111 Ot ~ ~ ~
ID p~f ~1flr1 Ui.lrorlc tla~ei~A ~1lI'Obyl ~ilbd ~ ~ Ab011F
IrC P~ WM bB d~ ~ u~ Ri16! leup~ipn iAd eppgr~l ey a
Scentsy Campus MDA-10-010; VAR-10-002
Page 18
EXHIBIT A
~rrNe ~nr~ar~p1 ~rr~arr
4'~Cfl 6Ntre 7t~lp pb0l4 ~N~00
edrr IC9- f'a1~
Ju'~ ~,
Mr. V.
W . I IUD
~ ~
a. t! -The wrh p~ #-oP non rnv.t b~- a P tet~d
Oatl- ~ aMf~ ttM M~nnMrN d wipe ~ of t~ floerd ati .a poa~ie.
71'~e c~erN ~ ah~n w~oe~et haw ~ t~oter~ay blot the eouthboMnd ~repie
Flood tra~tc ~MR'k+tiN t~td ~ ~ a+a. beatuM tlh~ taw
nt t+eG tat aels~Med.
d ............,...
Scentsy Campus MDA-10-010; VAR-10-002
Page 19
EXHIBIT A
A~ Fltededo Y. ~twe~nadoer
Jtatit- 8, 2008
Upon d ~Ie IeAter. pieeue fanrrel~e year ~ of the ooe~lairN cf appal b nre ~
v~ ~ P+~ s Dopy al RD oaNbuatlan
ynu haw aerl' oiae h ~ to the awns a~ pM~oer taN !tee b oontrat rae b!F
phone or a-mti1.
t;Mx JWa ~oerNy !#phws~- 04ehtd
VC - Rau P0~ 1
A T Ut#e, Marrpw-Trer~o
Scentsy Campus MDA-10-010; VAR-10-002
Page 20
EXHIBIT A
Exhibit A.8 -Proposed Access/Lane Configuration
~i ~~ ~
~ ~~ ~~ •~
~I ~~
~~ ~~
~~
~~ ~~
~~ ~~
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~.
Scentsy Campus MDA-10-010; VAR-10-002
r..~-~. _ -~w-., _ ~~~~.
,~~ ___ •.
COMJ~fERCIAL C+0l1 RT
}
Page 21
EXHIBIT A
Exhibit B -Required Findings from the Unified Development Code
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the
findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order
to grant a variance, the Council shall make the following findings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
The City Council finds that granting a variance would not allow a right or special
privilege that is not otherwise allowed for properties that are adjacent to a state highway
because the City Council has granted similar privileges to other properties in this
area/district in the past.
B. The variance relieves an undue hardship because of characteristics of the site;
The City Council finds that there are no undue hardships that would prevent the
applicant from developing the site by restricting access to SH 55/Eagle Road. However,
the traffic impact study reflects that aright-in/right-out access would improve traffic flow
within the site and at the intersection of Pine and Commercial Streets with SH 55/Eagle
Road. Additionally, the Idaho Transportation Department has already approved the
proposed access.
C. The variance shall not be detrimental to the public health, safety, and welfare.
The City Council finds that the Traffic Impact Study submitted with this application
suggests that allowing the proposed right-in/right-out access to SH 55/Eagle Road will
actually improve public safety and will not be detrimental to the public health and
welfare due to a reduction of traffic at the Pine/Eagle intersection.
Scentsy Campus MDA-10-010; VAR-10-002
Page 22