Northpointe Commercial MDA 14-005ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 13
BOISE IDAHO 05/14114 10:36 AM
DEPUTY Che Fowler
RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIII
Boise CIW 114036592
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Blackhawk/Meridian, LLC, Owner/Developer
3. Capital Educators Federal Credit Union, Owner
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated thisj�- day
of /12/¢y , 2014,(Addendum), by and between City of Meridian, a municipal corporation of
the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and
Blackhawk/Meridian, LLC, whose address is PO Box 830, Star, Idaho 83669, hereinafter called
OWNER/DEVELOPER and Capital Educators Federal Credit Union, whose address is 275 S.
Stratford Drive, Meridian, Idaho 83642, hereinafter called OWNER.
RECITALS
A. City and FORMER OWNER entered into that certain Development Agreement
that was recorded on a portion of the property 10/24/03 in the real property records of Ada County as
Instrument No. 103181095 ("DEVELOPMENT AGREEMENT")
B. City and OWNER/DEVELOPER and OWNER now desire to amend the
Development Agreement with this Addendum to Development Agreement, which terms have been
approved by the Meridian City Council in accordance with Idaho Code Section 67-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
1. OWNER/DEVELOPER and OWNER shall be bound by the terms of the Development
Agreement and Addendum, except as specifically to Section 5 and Section 6, amended as follows:
S. DEVELOPMENT IN CONDITIONAL USE.
Delete entire Section
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPER TY.
6.A Owner/Developer shall develop the Property in accordance with the following special conditions:
34. The proposed office area within the development shall be required to apply for a detailed
conditional use permit for a planned development prior to submitting for building permits.
2. OWNER/DEVELOPER and OWNER agree to abide by all ordinances of the City of Meridian
that are consistent with the terms of the Development Agreement and this Addendum and the Project
Site shall be subject to de -annexation if the OWNER/DEVELOPER, or their assigns, heirs, or
Northpointe Commercial MDA -14-005 Page 1
successors shall not meet the conditions of this Addendum as herein provided, and the Ordinances of the
City of Meridian that are consistent with the terms of the Development Agreement and this Addendum.
3. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such
provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect
any of the other provisions contained herein.
4. This Addendum sets forth all promises, inducements, agreements, condition, and understandings
between OWNER/DEVELOPER and City relative to the subject matter herein, and there are no
promises, agreements, conditions or under -standing, either oral or written, express or implied, between
OWNER/DEVELOPER and City, other than as are stated herein. Except as herein otherwise provided,
no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or their
assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City.
a. Except as herein provided, no condition governing the uses and/or conditions governing
development of the subject Project Site 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.
This Addendum shall be effective as of the date herein above written.
6. Except as amended by this Addendum, all terms of the Development Agreement shall remain in
full force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
By: Jaynes W. Durst
OWNER:
Capital E ators Federal Credit Union
By: t-k%Gq k_ L 1�-L
16
_'„'CITY OF MERIDIAN
SEAQ. J GCctZ .
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ATTEST: /1 4
rnr,as� COI.IM���� 'Yf1i1 G�.C.�, C�tG.vi Ji 4.'b&LL
Northpointe Commercial MDA -14-005 Page 2
ay L. Holman, City Clerk
Northpointe Commercial MDA -14-005 Page 3
STATE OF IDAHO, )
): ss
County of Ada )
On this � day of , 2014, before me, the undersigned, a Notary Public in
and for said State, personally appeared Jambs W. Durst, known or identified to me to be the Manager
of Blackhawk/Meridian, LLC and acknowledged to me that he executed the same with authority on
behalf of said limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
LE
(SF�L) •�OTAR y ;
"U130 - `O
MO O\��
STATE OF IDAHO,
ss
County of Ada
Notary Public fro
Residing at:
My Commission
On this '76 day of 2014, before me, the undersigned, a Notary Public in
and for said State, personally appeared c a t V; (I , known or identified to me to
be the \M of Capital Educators Federal Credit Union and acknowledged to me that
he executed the same with authority on behalf of said Credit Union.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public fo
Residing at: h
My Commission
Northpointe Commercial 1,MA-14-005 Page 4
STATE OF IDAHO )
ss
County of Ada
On this day of MA.4 2014, before me, a Notary Public,
personally appeared Ra o e�rd and Jaycee L. Holman, know or identified to me to be the
ftCle ,fie pecfively, o e City of Meridian, who executed the instrument of behalf of said
I
atl� o-wTedged 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 Mublio for Idaho _I `---)
Residing at: Wen n lel l n kq . (AvL1VXn
Commission expires: ',an 4 • -)UU
Northpointe Commercial MDA -14-005 Page 5
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
C I
VIEI�!AI��
llni�=
In the Matter of the Request for a Development Agreement Modification to Amend the Existing
Development Agreement (Lrstrument #103181095) to Remove the Requirement for Conditional Use
Permit Approval Prior to Commencing with Site Development, Located on the Northwest corner of
W. McMillan Road and N. Linder Road, by Blackhawk/Meridian, LLC.
Case No(s). MDA -14-005
For the City Council Hearing Date of., April 22, 2014 (Findings on May 6, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 22, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 22, 2014, 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 hnpact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -14-005
- 1 -
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 development agreement provisions all in the attached staff
report for the hearing date of April 22, 2014, incorporated by reference. The provisions are
concluded to be reasonable and the applicant shall meet such requirements as a condition of
approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for development agreement modification for Northpointe Commercial
Subdivision is hereby approved per the conditions of approval in the attached staff report for
the hearing date of April 22, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting the modification (UDC 11-5E-31)).
A modification to the development agreement may be initiated prior to signature of the
agreement by all patties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-317).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to 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 may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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.
F. Attached: Staff Report for the hearing date of April 22, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -14-005
-2-
By action of the City Council at its regular meeting held on the
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE
COUNCIL VICE PRESIDENT KEITH BIRD
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER LUKE CAVENER
day of / t
VOTED'
VOTED _L_-._.
VOTED_ 7--
VOTED
VOTED
COUNCIL MEMBER GENESIS MILAM VOTEDL(�t0'—
U
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
_ mor Taipi if de Weerd
Attest:
Jaycee olman, City Clerk
�rs
e RollM1r iGf a'�..�5
Copy served upon Applicant, The Planning Departme.
Public Works Department and City Attorney.
By< C Dated:_ Wco j
Ci lerl Mice
CITY OF MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -14-005
-3-
ON". W.11
STAFF REPORT
HEARING DATE: April 22, 2014
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208)884-5533
SUBJECT: MDA -14-005 — Northpointe Commercial
I. SUMMARY DESCRIPTION OF REQUEST
. - IDI A TS
ItAh'w
The applicant, Blackhawk/Meridian, LLC, is requesting to amend the recorded development
agreement (DA) (instrument #103181095) approved with the Kelly Creek Subdivision. Currently, the
DA requires CUP approval prior to any development occurring on the commercial property. The
applicant is requesting to remove this requirement from the DA. See Section VIIAnalysis for more
information.
H. SUMMARY RECOMMENDATION
Staff recommends approval of the development agreement modification application as detailed in
Section VII of the staff report, The Meridian
City Council
heard this item
on April 22.2014. At
he
public hearing, the Council approved the subject
MDA reau st
aummary
of City Council Public Hearin
I.In favor•: Brian Martens
ii. In opposition: None
BL Commenting
11'. Written testimony Gerald Martens
31A Staff presenting application: Bill
Parcpn
Yl. Other staff commenting on annlicatlnne
Nn„n
*
Key Issues of Discussion byCouncil:
L Removing the requirement for detail
CUP approval
does not eliminate
the need to
obtain approval of a certifiente of
Z-011ing compliance
and administrative
deli n r view
application.
Key Council Changes to Staff[Commission
R commendatio
L None
III. PROPOSED MOTION
Approval
After considering all staff, applicant, and public testimony, I move to approve file number MDA -14-
005, as presented in staff report for the hearing date of April 22, 2014, 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 in the DA as noted in Exhibit A.2.
Denial
After considering all staff, applicant, and public testimony, I move to deny file number MDA -14-005,
as presented during the hearing on April 22, 2014. (You should state why you are denying the
request.)
Continuance
I move to continue file number MDA -14-005 to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
Northpointe Commercial - MDA -14-005 Page 1
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location: The site is located on the northwest corner of W. McMillan Road and N.
Linder Road in the southeast 1/4 of Section 26, Township 4 North, Range 1 West.
B. Applicant/Owner:
Blackhaw]/Meridian, LLC
3454 Stone Mountain Lane
Star, ID 84092
CapEd
275 S. StratfordDrive
Meridian, ID 83642
C. 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. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: March 31, and April 14, 2014
C. Radius notices mailed to properties within 300 feet on: March 25, 2014
D. Applicant posted notice on site by: April 11, 2014
VI. LAND USE
A. Existing Land Use(s): The subject property is vacant commercial property, zoned C -G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is
located on a prominent corner and is surrounded by R-8 zoned residential development on the
west and north.
C. History of Previous Actions:
In 2003, the property received annexation (AZ -03-013), preliminary plat (PP -03-014) and
conditional use permit (CUP -03-028) for Kelly Creels Subdivision. The preliminary plat
consisted of 214 residential lots, 10 office lots and 4 commercial lots and 15 common lots on
79.77 acres. In addition, the planned unit development (CUP) allowed a 20 percent use
exception for office and commercial uses. A development agreement was also required upon
annexation of the property recorded as instrument 4103181095. A provision of the DA
requires CUP approval prior to any development occurring on the site.
In 2007, the property received final plat (FP -07-035) approval known as Kelly Creels
Commercial Subdivision (recorded as Northpointe Commercial Subdivision). The final plat
consists of four (4) commercial lots on 4.91 acres.
In 2011, Lot 4, Block 1 of Northpointe Commercial Subdivision received conditional use
permit (CUP -11-006) approval to develop a credit union with drive-through. In 2012, this lot
was also further subdivided into two (2) commercial lots through a short plat (SHP-12-001).
In 2013, a certificate of zoning compliance was issued for the construction of the credit
union. Currently, the credit union is under construction and the applicant wishes to
commence with site development to the west in conjunction with the credit union
construction. Per the recorded DA, construction cannot commence until the property receives
CUP approval.
VII. STAFF ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Northpointe Commercial - MDA -14-005 Page 2
EXHIBIT A
The applicant proposes an amendment to the existing development agreement (DA) (Instrument No.
103181095) approved with the Felly Creels Subdivision. At the time of the Felly Creek approvals the
City did not have a well-established design review process. Because there were no design standards in
effect when this property was annexed, the recorded DA requires a CUP for the approval of the site
and buildings to ensure a quality commercial development.
Under today's regulations all commercial developments require design review approval which
addresses site development and building architecture. Therefore, it is staff's opinion that the City has
the necessary tools in place to adequately review development of the commercial property without the
need for detailed CUP approval.
It is important to note that all uses within the C -G district are allowed to development on the property.
If the City Council approves the amendment to remove the requirement for detailed CUP approval,
the applicant is still responsible to follow the process for establishing the use on the property in
accord with the Chapter 2 District Regulations for the C -G district. Due to the fact that the credit
union (tinder construction) has a drive through and the property is within 300 feet of a residential
zoning district, any additional drive through uses on this site will require CUP approval.
Based on the analysis above, staff recommends approval of the development agreement modification
with the recommended modifications in Exhibit A.2.
VIH. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map
2. Proposed Development Agreement Modifications
Northpointe Commercial - MDA -14-005 Page 3
EXHIBIT A
Exhibit A.1— Vicinity/Zoning Map
0 0.075 0.15.
Vicinity Map Miles
Paint Date: 4115/2014
Northpointe Commercial - MDA -14-005 Page 4
EXHIBIT A
Exhibit A.2 — Recommended Development Agreement Modifications
1. Omit Section 5.
2. Section 6: DA Provision #34 — The proposed office find eommerciel areas within the development
shall be required to apply for a detailed conditional use permit for a planned development prior to
submitting for building permits.
Northpointe Commercial - MDA -14-005 Page 5