ApplicationMayor Tammy de Weerd
City Council Members:
E IDIAN~ Keith Bird
~- Brad Hoaglun
Charles Rountree
IDAHO David Zaremba
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
To ensure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by: April 30, 2013
Transmittal Date: April 8, 2013 File No.: MDA 13-008
Hearing Date: May 7, 2013
Request: Public Hearing -Amendment to the Development Agreement to remove
the language pertaining to the expired plat and to include a conceptual
development plan for a mixed use development for Twelve Oaks (fka Harks
Canyon Creek Subdivision)
By: JLJ, Inc.
Location of Property or Project: 1845 W. Franklin Road
Joe Marshall (No FP)
Scott Freeman (No FP)
Steven Yearsley (No FP)
Michael Rohm (No FP)
Macy Miller (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Brad Hoaglun, C/C
Keith Bird, C/C
David Zaremba C/C
Sanitary Services (NovaR,vac, FP>
Building Department/ Rick Jackson
Fire Department
Police Department
City Attorney
Community Development
City Planner
City Engineer
Economic Dev. (cuP only)
Parks Department
Your Concise Remarks:
Meridian School District (No FP>
Meridian Post Office (FP/PP/sHP only>
Ada County Highway District
Ada County Development Services
Central District Health
COMPASS (Comp Plan only)
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,cuP/SHP only)
QweSt (FP/PP/SHP only)
Intermountain Gas (FP/PP/sHP only)
Idaho Transportation Dept. (IVo FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kung Irrigation District
Boise Project Board of Control /Tim Page
City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
E IDIAN =--- Planning Division
COMMISSION & COUNCIL REVIEW APPLICATION
Type of Review Requested (check all that
^ Alternative Compliance
^ Annexation and Zoning
^ Comprehensive Plan Map Amendment
^ Comprehensive Plan Text Amendment
^ Conditional Use Permit
^ Conditional Use Permit Modification
~ Development Agreement Modification
^ Final Plat
^ Final Plat Modification
^ Planned Unit Development
^ Preliminary Plat
^ Private Street
^ Rezone
^ Short plat
^ Time Extension (Commission or Council)
^ UDC Text Amendment
^ Vacation (Council)
^ Variance
^ Other
Applicant Information
Applicant name: t~LS, i n C . Phone: ~'q55' 6655 Fax: ZoR-~fGS- 66SS
NIBri ian, l
Applicant address: (735 ~• FrAn k lin ~tc~. Sfe ~N5 ID Zip: $~ biz E-mail ~~ i m i~a? j ~ ~ iPIC• H8L
Applicant's interest in property: ^ Own ^ Rent ,~ Optioned ^ Other
Owner name: i%1-q h k~ i n ~~-~ ~ ~G Phone:
Owner address: P ~ ~~ ~ b ~ ~ ~ ~Q1~zhU rY-, ~ u Zip: 34 E-mail:
Fax:
Agent name (e.g., architect, engineer, developer, representative): ~a111eS JQWP~~'
Firm name: ~ ~~ ~ f1C. Phone: q55- 66 SS Fax: X56 - 6 6 Sb
Address: (735 V11 ~'rank~i' Rc4 (~ ~y5 W1et-i~j/w ~~ Zip: ~d'~bq Z E-mail: • ~ • 1• inG,
Primary contact is: ^ Applicant ^ Owner ~ Agent ^ Other
Contact name:
Contact address:
Phone: Fax:
Zip: E-mail:
Subject Property Information
Location street address: 1~ ~I 5 W F r a n k ~ I h ~, M r l d~(i d n i 1~ fi~ 3 6Q-~.
Assessor's parcel number(s): t5 (~- ~ y'- (~ ~ y- ~
Township, range, section: 3 N ~ W ~ y' Total acreage: ~ . ~~.5
Current land use: $a r,.f~-~ Current zoning district: C G i-'C ~ R
~~. ,~~~t,~,
P~ann~'~~ d.. _~.
STAFF USE ONLY:
File number(s): __~(~~ ' /•.,~ ~-~~
Project name: ~, ~ ~,~rl,Q j:`x F%C~
Date fried: Date complete:
Assigned Planner: ~l.-'~~_~.=~~_
Related files: ~Z.--(~S~~ip
Hearing date: S "' 1 ' 1 ~7 Commission ouncil
33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1 (Rev. 02/082013)
Project/subdivision name:
General description of proposed projectlrequest: ~ 1 ~( 'e~ I~I~,Qj ~~ 11Pi~D.pYV-en~ W ~~'h
GomfY-2rcial_,a~ r~Sid~Y,,fia,l, '-~ftidih q s ir~le-~'am~~y homes,~~ar~2nfS~
Proposed zoning district(s): ~/Ci 'i' T (y R ~ h u
Acres of each zone proposed: Y-1 ~ oC~
Type of use proposed (check all that apply):
Residential ~ Commercial ^ Office ^ Industrial ^ Other
And Y~Sidenfiul care
~u i;~y.
Who will own & maintain the pressurized irrigation systie'm in this development? ~ Q Pf
Which irrigation district does this property lie within? I~+ aYY~PG1 f Mer i G~ ~ a M'1
p --r-
Primary irrigation source: pO r ~ Secondary: ~~ -I' 0. b I e wGC'+'$1~'
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if
5~-~ro ~ss~sted ta~'~nq
Number of residential units: -20 an.; t J Number of building lots• T~ p
s;.tr ~ l-y !gyp-b (~ R ~~{Ma ~ B ~
Number of common lots: ~ g ~ Number of other lots:
Proposed number of dwelling units (for multi-family developments only):
1 bedroom: T B (~ 2- 3 bedrooms: T~ a 4 or more bedrooms: r
Minimum square footage of structure(nns) (excl. garage): '1- B ~ Proposed building height: ~~p
Minimum property size (s.f): T P ~ Average property size (s.f.): ~~
Gross density (DU/acre-total land): Q S4 ~ ~ Z • ~ ~ Net density (DU/acre-excluding roads & alleys): Tg
Percentage of open space provided: D Acreage of open space: ~ ~ ~
Percentage of qualified open space acreage: TB V (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc): Tg~
Amenities provided with this development (if applicable): ~ p
Type of dwelling(s) proposed: ~ Single-family Detached P~Single-family Attached ~ Townhomes
^ Duplexes ~ Multi-family ^ Other
Non-residential Project Summary (if applicable)
Number of building lots: 1'i' Other lots: +~
Gross floor area proposed: (a- ~ 67,p~J 5..~. Existing (if applicable):
Hours of operation (days and hours): [Q V' ~) pri Building height: ~eit' l~ D ~-
Percentage of site/project devoted to the following:
Landscaping: ~~ U Building: ~ ~ U Paving:
T8 p
Total number of employees: N~ ~ Number and ages of students/children (if applicable):
Total number of parking spaces provided: ~'P~D~ Number of compact spaces provided: _~Y V ~ G
Authorization
Print applicant nam
Applicant signature
33 I/. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2 (Rev. 02/08!2013)
To: City of Meridian
From: JLJ, Inc.
Date: March 29, 2013
RE: Development Agreement Modification Narrative
JLJ, Inc. and Franklin Centre, LLC are requesting a modification to the existing Development
Agreement that contains an expired preliminary plat. The original DA was approved by the City
of Meridian on October 27, 2006 and recorded on November 16, 2006 with Instrument Number
106180812.
The request for a modified Development Agreement is for the purpose of accommodating the
desired development based upon conceptual site plan herein attached and per the proposed DA
modifications as attached.
The modified development is for a Mixed Use project. The project features four (4) commercial
retail pads, three (3) of which will be an addition to the Harks Corner commercial project and will
be an extension of the existing retail plaza.
The rest of the property will be developed into residential components. These will include a
residential care facility; multi-family and single-family homes, which will be both attached and
detached. The project will further contain the construction of greenbelts and a bridge crossing
Ten Mile Creek, connecting the proposed subdivision to the Whitestone Estates subdivision
located to the south. Pathways will also be constructed connecting new park and open space
and residential and commercial components.
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DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Franklin Centre, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this day of ?89€2013, by and between City of
Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and
Franklin Centre, LLC, whose address is PO Box 6770 Ketchum, ID 83340 '''-rT~"'
~r^^'~';^ "°^,a "~r°,.;,a;^•, ra.,t,° 4~~^'' hereinafter called "OWNER/DEVELOPER".
1. RECITALS:
1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law
and/or equity, of certain h•act 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, LC. § 67-6511 A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Meridian City Code Section 11, Unified Development
Code, which authorizes development agreements upon the annexation
and/or re-zoning of land; and
1.4 WHEREAS, "Owner/Developer" has submitted ^r °^~~'~^^*~^~, r^r
.,a ~,gConceptual Site Plan of the "Property's"
described in Exhibit A, ^„a',.,~ ~-°^~~°~*°~' °within their designation of
(C-C) Community Business District and TN-R (Traditional
Neighborhood Residential), (Municipal Code of the City of
Meridian); and
1.5 WHEREAS, "Owner/Developer" made representations at the public
hearings both before the "''°~-~~'~~„ °1~^~~~^° ~~ ~^~~"b r^"""~°°~~^
~~efo~-t-l-ie-Meridian City Council, as to how the subject
DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION
PAGE 1 OF 11
"Property" will be developed and what improvements will be made;
and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before t=he
ni„ Q. ~^ r^ ,,. , ,,,a ~„~,~°,,,,°„~i., t,°~ ,-° the City
b b "~
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
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1.8 WHEREAS, the Findings require the "Owner/Developer" to enter
into a modified development agreement''°~ r° *',° r;~„ ~'^~~^^~' +^'~°°
"~
1.9 "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 requests;
and
1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a
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 as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the plaruling
jurisdiction and from affected property owners and to ensure re-
zoning designation-~.~~aEEe~s~2~~=l~r
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION
PAGE 2 OF 11
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 govermnent
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 Franklin Centre,
LLC, whose address is ' "'~"' `~'°~'+ ~'r°•,'~'~•, p^^`' PO Box 6770
Ketchum, ID 83340, "'~°•-~~~^r, "-` Q2~^'' the party developing said
"Property" and shall include any subsequent owners and/or
developer(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 parcels to-bens annexed and
zoned C-C (Community Business District) and TN-R (Traditional
Neighborhood Residential) attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED SY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Unified Development Code:
Application fora Certificate of Zoniizg Coniplia~zce shall be
subn~aitted to the City of Meridian prior to a future developmeizt iii
the C-C a~zd TN-R zo~zes, and the pertinentprovisions of the City of
Meridian Comprehensive Plaiz ~ ^^~~^^~'~ ~° *~ ~~ ~ ~ nc ncz
a~~~ic~ti~i~:
DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION
PAGE 3 OF 11
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" a
Conceptual Site Plan attached as Exhibit, and shall be required to obtain the "City"' approval
thereof, for a preliminary and final plat of the subject property. ~•, ^^^^•-a^•'^° +° *'~° ~'~*••'~
rTTn ~ t, •~* t ~ r~°,-~:~^„+°„~~„ ,. r„ rt; „^~.,r„t; .,.; ,,,ti,,,.t,,,;t,t;
v ...t.t........ ~............., .... ... »......::b
p~Ft~a~T-lii~-S@Eti6ii-Sl3 t~ t~3'e~:ZVir~
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1. "Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
1. That the "Owner/Developer" will be responsible for all costs
associated with the sewer and water service extension. Any existing
domestic wells and/or septic systems within this project will have to
be removed from their domestic service, per City Ordinance Section
5-7-517, when services are available from the City of Meridian. Wells
may be used for non-domestic purposes such as landscape irrigation.
2. That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of development. All future uses shall not involve uses,
activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke,
fumes, glare or odors.
3. The Owner/Developer shall provide a surety agreement for the
construction of tl~a multi-use pathway and bridge in accordance to
UDC 11/SC t a t „~ „ „t: .,+; , t, ~ t,°°,sut,,,,;++°d
~~~ '} ~7,~~ ~ n ~uv,,,ai«. yr
~e+t--rte--~ivt1~ J-~mv~t6 ttlL`TS~S~RmTC°~o ~ *z~ a ~ .`~i ~ ~ °,•-4; ~ n n 4 ° v ~
DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION
PAGE 4 OF 11
4. The Owner/Developer shall coordinate with the Meridian Parks
Department and Nampa Meridian Irrigation District to define the
location of the multiuse pathway, bridge maintenance, and
landscaping along the Ten Mile Creek.
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7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Goveniing Development of Subject Property"
of this 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 recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
8.1 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 (6) months of such notice.
DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION
PAGE 5 OF 11
9. INSPECTION: "Owner/Developer"shall, immediatelyuponcompletion 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.
10. DEFAULT:
10.1 In the event `Owner/Developer", "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', this Agreement maybe
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
10.2 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.
11. 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",prior
to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
"Property" by the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of the "Property"
contemplated hereby, the "City" shall execute and record an appropriate instrument of release
of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable 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.
DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION
PAGE 6 OF 11
13.1 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 cannot
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.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" or "City" is delayed for
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.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code, to insure that installation of the improvements, which the
"Owner/Developer" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION
PAGE 7 OF 11
17. 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
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
Franklin Centre, LLC
PO Box 6770
Ketchum, ID 83340
with cop~to:
JLJ, Inc.
1735 W. Franklin Rd. Suite 145
Meridian, ID 83642
17.1 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.
18. 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.
19. 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.
20. 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" of the "Property", each subsequent
DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION
PAGE 8 OF 11
owner and any other person acquiring an interest in the "Property". Nothing herein shall in
any way prevent sale or alienation of the "Property", or portions thereof, except that any sale
or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner/Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner/Developer" has fully performed its obligations under this
Agreement.
21. 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.
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 usesand/or conditions governing re-zoning of the
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 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.
DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION
PAGE 9 OF 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER
FRANKLIN CENTRE, LLC
By:
CITY OF MERIDIAN
By:
Attest:
CITY CLERK
MAYOR TAMMY de WEERD
DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION
PAGE 10 OF 11
STATE OF IDAHO )
County of Ada )
ss
On this day of , ?802013, before me, the undersigned,
a Notary Public in and for said State, personally appeared
on behalf of Franklin Centre, LLC, known or identified
to me to be the of said corporation, who executed the instrument on
behalf of said corporation, and acknowledged to me that he 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)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
ss
County of Ada )
On this day of , ?-082013, before me, a
Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know 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
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
DEVELOPMENT AGREEMENT (AZ OS-056) HARKS CANYON CREEK SUBDIVISION
PAGE 11 OF 11
AI~'FIDAVIT Or LCGAL INTEREST
STA7'is` Ul: IDAHO
CUUNTX Ui• AllA
.r-
I.{~/1v, of ~. ~~Gso.r/~ ~
(city) (stute)
being lust duly sworn upon, oath, depose and suy:
That 1 atn d-c record owner of the propetty described on the nunchcd, and i grant nay
penmission lo: ~ ,
.. -+19 (y.~7 ~~C(~ ~~iT , j'?.3S t.~, ~i2-ra~~ ~ ~5~. ~~L~.id~ 1~.~ ;~~~~~
(nan-e) (address)
to submit the accon-panying application(s) penaiuing to that property.
?. i agree to indemnify, defend and hold the City of Meridian and its employees harmless
from nay claim or liability rese-lting from nay dispute as to the statetmnts conluinecl
heroin or ns to the ownership of the property which is the subject of the upptication.
3. 1 hereby grant permission to City of Meridian staff to enter the subject property for the
pt-rpose of site inspections reinted to processing Said application(s).
Untccl this ._,..1~clny of_~~~~i3~~G~ , 20,~_,
(Signature)
SUI3SCR1Bfill'ANUSblORN to before -t-e tl-e day
.~ ~,,~~~~~gQ 3 '~,,~
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~~~ Q- N`
~i~~ ~ '~a,.enuma~'~~ .~~ ~.`~
(first ubovc written.
!' fa ~,
/'
(Noti-ry p-rblic'for Idaho} ~• ~
Resitti~-g at: L~ ,~
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My Con mission Csxpires:
. 3i t"s Hraadnay Suits 210 A~«idfmt, Idaho 83642
t'hau~: (2UYl 884.5531 • ! ;ns6uilc: (?t?8) 8A$•fiG78 • Wcbsitc: waw.nxridiar-rityorg
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CITY OF MERIDIAN
PRF APPT TC'ATTnN MFFTTIV(` NnTFC
mks ~y~ cam. ~
Project/Subdivision Name:_rrct.~.K.lin (',ems-I-r~ Date: x-19-13
City Staff: U r
Location: 5 n l,'
Comprehensive Plan Future Land Use Map Designation: M+rDI~. }-~U-G Size of Prope-ty: 9-
Design Guidelines Development Context:
Proposed Use: ~'~.. 1 M F~. y r~cid -f, ~ Par-c. l~ ' ~ posed Zoning:
Existing Use: Clln.f' xisting Zoning: --'N-~- }- G-G
Surrounding Uses: /1m--~ rn~rU~1.l r n°fi en.-f-,-a,
Street Buffer(s) and/or Land Use Buffer(s): ~ an.kr~~ - ~~
Open Space/Amenities/Pathways: rn n~1- CG mul-h'-v,rt ~.-~.a,~, . n~n,1 ,~, ; S,A,
Access/Stub Streets/Street System: b i ~C
Sewer & Water Service:
Topography/HydrologylFloodplain Issues:
Canals/Ditches/Irrigation/Hazards: n Mi12 DYa%n ~ ~ S~ ~ f f, ~
History: Fl~Z- fF~ L
Additional Meeting Notes:
_ ?~-
Other AgencieslDepartments to Contact:
^ Ada County Highway District ^ Nampa Meridian Irrigation District ^ Public Works Department
^ Idaho Transportation Department ^ Settler's Irrigation District ^ Building Department
^ Sanitary Services Company ^ Police Department ^ Parks Department
^ Central District Health Department ^ Fire Department ^ Other.
Application(s) Required:
^ Administrative Design Review
^ Alternative Compliance
^ ~ Annexation
^ City Council Review
^ Comprehensive Plan Amendment- Map
^ Comprehensive Plan Amendment -Text
^ Conditional Use Permit
^ Conditional Use Permit Modification/Transfer ^
Development Agreement Modification ¢SO2 " ^
Final Plat ^
^ Final Plat Modification ^
^ Planned Unit Development ^
^ Preliminary Plat ^
^ Private Street ^
Rezone
Short Plat
Time Extension -Council
UDC Text Amendment
Vacation
Variance
Other
Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11-5A-5C prior to submittal of an application
requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the
site wrth a public hearing notice in accord with UDC 11-5A-5D.3 (except for UDC text amendments, Comp Plan Text amendments, and
vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any
subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be
valid for four (4) months.
Neighborhood Meeting Stgn-In Sheet
r--
Proposed Project Name: ~~~iG-`--~ ~.5, C,,~1"~~~ \
Meeting Location, Date & Time: _ ~'ll0'1 UJ ~ ~~-Pb.VlC-~-~e,S Q-~ ~ ~ 12'~--,1'~ S'; ya?M
To Group/individual: Signing this sign-in sheet does not imply approval or support of the
project, just confirmation that a meeting was held pursuant to the ordinance and that you were
in attendance.
Attendee Name Address Signature
ST Enterprises LLC 4202 N Marcliffe Ave. Boise, ID 83704
Thomas Honnold 5738 SE 3rd Ave. New Plymouth, ID
83655
Greyloch Properties LLC 6554 N Fox Run Ave. Meridian, !D 83646
FRANKLIN INVESTMENT CO LLC PO BOX 6770 Ketchum, ID 83340
SYNERGY CAPITAL LLC P O BOX 190182 Boise, ID 83719
Thomas Roam 115 S Linder Rd. Meridian, ID 83642
BUREAU OF RECLAMATION 230 N Collins Rd. Boise, ID 83702
James Larsen 1702 W Greenhead Dr. Marldian, ID
83642
Robert Marsh 1728 W Greenhead Dr. Meridian, ID
83642
Rodney Kinney 1754 W Greenhead Dr. Meridian, ID
83642
Claude Eytchison 1776 W Greenhead Dr. Meridian, ID
83642
Richard Napolieilo 1800 W Greenhead Dr. Meridian, ID
83642
Whitestone Homeowners Assoc. PO BOX 1090 Meridian, ID 83680 ~^/
Steven Curt Weston General Delivery, Anchorage, AK 99501
Douglas Thompson 1846 W Greenhead Dr. Meridian, ID
83642 ~ Fjp
AIIEson Price 1868 W Greenhead Dr. Meridian, ID
83642
Stacy Walker 1904 W Greenhead Dr. Meridian, ID
83642
Heather Fisher 1926 W Greenhead Dr. Meridian, ID
83642
Troy Wheeler 301 S Lodestone Ave. Meridian, ID 83842
Adam Wayenberg 325 S Lodestone Ave. Meridian, ID 83642
John Sutcliffe 1749 W Greenhead Dr. Meridian, ID
83642
Julia Vineyard 1767 W Greenhead Dr. Meridian, ID
83642
Dean Hagerman 1795 W Greenhead Dr. Meridian, ID
83642
Tim Nepper 4350 S McDermott Rd. Nampa, ID 83687
Kaith Foikman 280 S Moonstone Way Meridian, ID 63642
Steven Mitchell 1901 W Greenhead Dr. Meridian, ID
83642
Cynthia Talbot 1925 W Greenhead Dr. Meridian, ID
83642
Meridian Joint Schaof Dist. No. 2 1303 E Central Dr. Meridian, ID 83642
Allied Waste Services of N. America LLC PO BOX 29246 Pheonix, AZ 85038
Oliver Storkan 22491 Can Ada Rd. Star, ID 83669
Gull inc. 8575 Vic Ln. Middleton, iD 83644
Franklin Centre LLG PO BOX 6770 Ketchum, lD 83340
Steven Bainbridge 5317 Brigadoon PI. Meridian, ID 83646
Calnon Enterprises Lmtd. Partnership 2215 W. Franklin Rd. Meridian, ID 83642
Nampa i3< Meridian IMgaUon Dist. 15031°~ St. S. Nampa, !D 83651
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11-SA-SD, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-SA-5.
pplic t/agent s ature Date
33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
E IDIAN~-~-
IDAHO
Community Development
Department
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
208.887.2211
Address/Parcel Verification
Date: 3/25/13
The address and parcel information below has been researched and verified as correct by the City of
Meridian Community Development Department. '
Project Name: Harks Canyon Creek
Address: 1845 W. Franklin Rd.
Zip Code: 83642
Parcel: S1214110401
Acres: 9.425
Owner: Franklin Centre LLC
P.O. Box 6770
Ketchum, ID 83340
Address verification Rev: 04/23/12
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C17.~
Hearing Date: May 7, 2013
File No.: MDA-13-008
Project Name: Twelve Oaks (fka Hark's Canyon Creek Subdivision)
Request: Request for an amendment to the development agreement to remove the language
pertaining to the expired plat and to include a conceptual development plan for a mixed
use development, by JLJ, Inc.
Location: The site is located at 1845 W. Franklin Road, in the NE '/4 of Section 14, Township 3N,
Range 1 W .