HomeMy WebLinkAboutZ - MDA Parcel E H-2025-0009 Ada County Recorder Trent Trippie 2025-076810
Boise;Idaho, Pgs=33 vbailey 11/19/2025 12:24:13 PM
CITY OF MERIDIAN IDAHO$0.00
" Electron'idally Recorded
DEVELOPMENT AGREEMENT.
PARTIES: " 1. City of Meridian
- -2.MGM-Meridian LLC; Owner/Developer
THIS DEVELOPMENT AGREEMENT(this "Agreement") is made and entered into this day of
4C.A4 ker,-,2025, by and between City of Meridian, a municipal corporation of the State of Idaho,
hereafter.called"CITY,' whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642; and MGM
Meridian LLC, whose address is 3130 Alpine Road Suite 288 -#708 Portola Valley, California 9402$, l
'hereinafter called"OWNER/DEVELOPER.',
1: RECITALS:
1,1 WHEREAS, Ownei/Developer is-the sole owner,in law andlor equity,of a certain
tract of land in the County of Ada,State of Idaho, identified as Ada County Parcel
#S1165110111 and described.in Exhibit"A," which is attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter refereed to as the
" raperty,'° and
1.2 - WHEREAS, Idaho Code § 67-6511A provides thafcities t aay,by ordinance,.
establish provisions governing the creation, forth,recording,modification;
enforcement and termination of development agreements required or permitted as a
condition.of zoning that the Owner/Developer make a written commitment
concerning the use or development of the Property; and
L3 WHEREAS, City has exercised its statutory authority by the enactment of Section
11-513-3 of-the Unified Development Code.("UDC"), which authorizes
development agreements and the modification of development agreements;and
1.4 WHEREAS, Owner/Developer has submitted an application'for development
agreement modification to remove the property listed in Exhibit"A" from an,
- existing Development:Agreement(Centrepointe Mixed-Use MDA H=202 -0035)
recorded in Ada County on September 14,2022 as Instrument#2022-079000, for
the inclusion of-the Property into this new Agreement,which generally,describes .
how the'Property will be developed and what improvements will be made, and
1.5 'WHEREAS, Owner/Developer made representations at the duly noticed public
hearings before the;Meridian-City Council,as to how the property will be
developed and what improvements will be trade; and
D7 NIEI,bPMEl4'1'AGREEMENT-(i,lNTkEPOIN'I'Ai ARTMENT4 MDA-PARCEL E-I1=2025-0009
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1.6 WHEREAS, the record of the proceedings for requested development agreement
modification held before the City Council includes responses of government
subdivisions providing services within the City of Meridian planning jurisdiction,
and includes further testimony and comment; and
1.7 WHEREAS, on the 17th of June, 2025, the Meridian City Council approved certain
Findings of Fact and Conclusions of Law and Decision and Order("Findings"),
which have been incorporated into this Agreement and attached as Exhibit "B;"
and
1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter
into this Agreement and acknowledges that this Agreement was entered into
voluntarily and at its urging and request; and
1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject to the
terms of the existing Development Agreement (Centrepointe Mixed-Use MDA 11-
2022-0035) recorded in Ada County on September 14, 2022 as Instrument#2022-
079000 and shall be bound by the terms contained herein in this new agreement;
and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement modification for the purpose of ensuring the Property is developed and
the subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received by the
City in the proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected property
owners and to ensure zoning designations are in accordance with the amended
Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution
No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding
and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement, the following words, terms and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which
is a municipal corporation and government subdivision of the state of Idaho,
organized and existing by virtue of law of the State of Idaho, whose address is 33
East Broadway Avenue, Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT-CENTREPOINT APARTMENTS MDA-PARCEL E-H-2025-0009
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3.2 OWNER/DEVELOPER: means and refers to MGM Meridian LLC, whose
address is 3130 Alpine Road Suite 288 - #708, Portola Valley, California 94028,
the party that owns said Property and shall include any subsequent owner(s) of the
Property.
3.3 PROPERTY: means and refers to that certain parcel of Property located in the
County of Ada, City of Meridian as described in Exhibit"A" describing a parcel to
be removed from an existing Development Agreement (Centrepointe Mixed-Use
MDA H-2022-0035) recorded in Ada County on September 14, 2022 as Instrument
#2022-079000,with such parcel being bound by this new Agreement, which
Exhibit "A" is attached hereto and by this reference incorporated herein as if set
forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to
develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed as
permitted, conditional and/or accessory uses under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of the Property shall be substantially consistent with the
submitted concept plan and color renderings included in Section VI of the Staff
Report attached to the Findings of Fact and Conclusions of Law attached hereto
as Exhibit`B" and the provisions contained herein.
b. Future development of the Property shall comply with the standards outlined in
the multi-family development specific use standards, UDC 11-4-3-27.
c. All future pedestrian crossings that traverse shared drive aisles within the
development shall be constructed with brick,pavers, stamped concrete, or
colored concrete to clearly delineate the driving surface from the pedestrian
facilities,per UDC 11-3A-19B.4b.
d. The required landscape street buffers and multi-use pathway segment shall be
constructed and vegetated with the residential phase of development along E.
Ustick Road; the proposed 25-foot landscape buffer along the west and south
boundaries shall be constructed with the residential phase of development.
DEVELOPMENT AGREEMENT-CENTREPOINT APARTMENTS MDA-PARCEL E-H-2025-0009
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e. Owner/Developer shall work with Ada County Highway District(ACHD) to
construct a safe pedestrian crossing from the central multi-family site area to
the parking lot along the west boundary across N. Centrepoint Way.
f. Pursuant to the approved Conditional Use Permit for the multi-family
development, the building along the west boundary shall be no more than two
stories in height, and the three (3)buildings within the center of the project
shall be no more than three stories in height, consistent with the
Owner/Developer's revised concept plan and presentation to City Council.
g. Owner/Developer shall continue the masonry wall along the west property
boundary consistent with adjacent development and help buffer the proposed
project.
h. Staff and Owner/Developer shall work with ACHD to mark Centrepoint Way
as no parking on both sides, should ACHD allow it.
i. A shared access easement and parking agreement shall be granted between the
adjacent Commercial Parcel (Parcel F), Ada County Parcel#S1105110120, and
the Property, allowing vehicular and pedestrian ingress and egress across both
properties, unless a property boundary adjustment has been completed. A
recorded copy of said easement shall be submitted to the Planning Division
with the Certificate of Zoning Compliance application.
6. APPROVAL PERIOD: If this Agreement has not been fully executed within six(6)
months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null
and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or Owner's Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property fail to faithfully comply with all of the terms
and conditions included in this Agreement in connection with the Property, this
Agreement may be terminated by the City upon compliance with the requirements
of the Zoning Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
agreement, Owner/Developer shall have thirty (30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and cure
the default, which actions must be prosecuted with diligence and completed within
one hundred eighty(180) days; provided, however, that in the case of any such
default that cannot with diligence be cured within such one hundred eighty(180)
day period, then the time allowed to cure such failure may be extended for such
period as may be necessary to complete the curing of the same with diligence and
continuity.
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7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall,upon satisfaction of the notice and
hearing procedures set forth in Idaho Code § 67-6511A, have the right, but not a
duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an
action at law or in equity to enforce the provisions of this Agreement. Because the
covenants, agreements, conditions, and obligations contained herein are unique to
the Property and integral to the City's decision to annex and/or re-zone the
Property, City and Owner/Developer stipulate that specific performance is an
appropriate, but not exclusive, remedy in the event of default. Owner/Developer
reserves all rights to contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto
shall be governed by and construed in accordance with the laws of the State of
Idaho, including all matters of construction, validity,performance, and
enforcement. Any action brought by any party hereto shall be brought within Ada
County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the
reasonable control of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of such delay.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more
of the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or
the entirety of said development of the Property as required by this Agreement or by City ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion therefor in accordance with the terms and conditions of this
Agreement and all other ordinance of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including
all of the Exhibits, and submit proof of such recording to Owner/Developer.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid
and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to
insure the installation of required improvements,which the Owner/Developer agrees to provide, if
required by the City.
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12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the
improvements have not been installed, completed, and accepted by the City, or if sufficient surety of
performance has not been provided by Owner/Developer to the City in accordance with Paragraph 11
above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three (3) days after deposit in the United States
Mail, registered or certified mail,postage prepaid, return receipt requested, addressed as follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Ave.
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
MGM Meridian LLC
3130 Alpine Road Suite 288 -#708
Portola Valley, California 94028
14.1 A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief
as may be granted, to court costs and reasonable attorney's fees as determined by a Court of
competent jurisdiction. This provision shall be deemed to be a separate contract between the parties
and shall survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision hereof, and
that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has
determined that Owner/Developer has fully performed its obligations under this Agreement.
DEVELOPMENT AGREEMENT-CENTREPOINT APARTMENTS MDA-PARCEL E-H-2025-0009
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18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonable in giving any consent, approval, or taking any other action under this
Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable
action or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time,provided
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of the
Property, which has not been removed from this Agreement as described above, shall continue to be
bound by the terms of this Agreement.
22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
22.1 No condition governing the uses and/or conditions governing the Property herein
provided for can be modified or amended without the approval of the City
Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at
the time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
upon execution of the Mayor and City Clerk.
[End of text. Acknowledgements, signatures, and Exhibits A and B follow.]
DEVELOPMENT AGREEMENT-CENTREPOINT APARTMENTS MDA-PARCEL E-H-2025-0009
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
MGM Meridian LLC
By (print name):M (y q`( M^144."..
Its (title): K.t^Na ry 4r
State of )
ss:
County of )
On this day of 2025, fore me,the undersigned,a Notary Public in and for said State,personally
appeared ,known or 'dentified to me to be the of MGM Meridian
LLC and the person who signed above and acknowl ged to me that they executed the same.
IN WITNESS WHEREOF,I have her nto set my hand and affixe my official seal the day and year in this certificate first
above written. - i
i Expires:
CITY OF MERIDIAN ATTEST:
GRANTEE: CITY OF MERIDIAN
By Liz Strader, Council Vice President 11-18-2025
Attest: By Chris Johnson, City Clerk 11-18-2025
STATE OF IDAHO )
:ss
County of Ada )
This record was acknowledged before me on 11-18-2025 by Liz Strader and Chris Johnson on
behalf of the City of Meridian, in their capacities as Council Vice President and City Clerk,
respectively.
Notary Signature
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT-CENTREPOINT APARTMENTS MDA-PARCEL E-H-2025-0009
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Mateo )
On I���z`� before me, Jason Salazar, Notary Public
- �m'' (insert name and title of the officer)
personally appeared ' KCILA.j A n"
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
*my
JASOIISAL"
WITNESS my hand and official seal. Notary.Public-California
SanMateo County
Commission#2477259
Comm.Expires Dec 23,2027
Signature (Seal)
PARCEL E LEGAL DESCRIPTION
The Land referred to herein below is situated in the County of Ada, State of Idaho, and is described as
follows:
PARCEL E:
A parcel of land located in Government Lot 1 in the Northeast One Quarter of Section 5, Township 3
North, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the Northeast Corner of Section 5 of said Township 3 North, Range 1 East, (from which
point the North
Quarter Corner of said Section 5 bears South 89039'20" West, 2656.46 feet distant);
Thence South 89039'20" West, a distance of 495.33 feet on the north line of said Section 5;
Thence South 0100559" West, a distance of 41.45 feet to a point on the easterly boundary line of that
Parcel as
described in Warranty Deed Instrument Number 2017-094272 of Ada County Records, and on the
southerly right-of-way
line of East Ustick Road, said point also being the POINT OF BEGINNING;
Thence South 010 05' 59" West, a distance of 302.81 feet on the exterior boundary line of said Warranty
Deed parcel;
Thence South 810 54' 00" East, a distance of 24.72 feet on the exterior boundary line of said Warranty
Deed parcel;
Thence South 840 06' 00" East, a distance of 253.73 feet on the exterior boundary line of said Warranty
Deed parcel;
Thence South 060 06' 00" West, a distance of 275.20 feet to a point on the Northerly boundary line of
Bienville Square
Subdivision, as same is shown on the Plat thereof, recorded in Book 102 of Plats at Page 13495 of Ada
County Records;
Thence North 830 54' 00" West, a distance of 311.81 feet on said Northerly boundary line;
Thence North 710 28' 10" West, a distance of 803.90 feet on said Northerly boundary line to a point on
the East boundary
line of Carol's Subdivision No. 2, as same is shown on the Plat thereof, recorded in Book 39 of Plats at
Page 3248 of Ada
County Records;
Thence North 000 15' 11" West, a distance of 305.79 feet on said East boundary line to a point on the
Southerly right-of
way line of East Ustick Road;
Thence on said Southerly right-of-way line of East Ustick Road for the following courses and distances:
Thence North 890 39' 20" East, a distance of 125.16 feet;
Thence South 450 58' 35" East, a distance of 40.04 feet;
Thence North 890 39' 20" East, a distance of 59.00 feet;
Thence North 440 47' 01" East, a distance of 53.86 feet;
Thence North 890 39' 20" East, a distance of 374.57 feet;
Thence South 890 23' 16" East, a distance of 206.36 feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM, that portion conveyed to Ada County Highway District by Warranty Deed
recorded September 8, 2020 as Instrument No. 2020-116678, Records of Ada County, Idaho.
APN: S1105110111
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW CVIENty
AND DECISION&ORDER
In the Matter of the Request for Development Agreement modification,by Mike Maffia,MGM2.
Case No(s). H-2025-0009
For the City Council Hearing Date of: June 3,2025 (Findings on June 17,2025)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of June 3,2025,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of June 3, 2025, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of June 3,2025,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 3,2025,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 (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by
ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 3,2025,incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CENTREPOINT APARTMENTS MDA-H-2025-0009)
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reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for a Development Agreement modification is hereby approved per the
conditions of approval in the Staff Report for the hearing date of June 3,2025,attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner,and conforms substantially to the approved preliminary plat,
such segments,if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted.With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval,and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one (1)two (2)year period.Additional time extensions up to two(2)years as
determined and approved by the City Council may be granted.With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CENTREPOINT APARTMENTS MDA-H-2025-0009)
-2-
City Code Title I I(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a),an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted,including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10,seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003,an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of June 3,2025
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CENTREPOINT APARTMENTS MDA-H-2025-0009)
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By action of the City Council at its regular meeting held on the 17th day of June,2025.
COUNCIL PRESIDENT LUKE CAVENER VOTED AYE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert �on 6-17-2025
Att i f�
p�['ilp of f
j C E IDIAN'�
„�ioauo
SFAI.
=frri <T�
Chris JOhnsO 6-17-2025
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: - Dated: 6-17-2025
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CENTREPOINT APARTMENTS MDA—H-2025-0009)
-4-
EXHIBIT A
COMMUNITY DEVELOPMENT �E DEPARTMENT REPORT
REPORT
HEARING April 22, 2025 continued to Legend
DATE: May 13, June 3,2025 �7 Project Location
Area of Impact
TO: Mayor&City Council «= City Limits
OAnalysis FROM: Linda Ritter,Associate Planner F
208-884-5533 ��`' +1�
lritter@meridiancity.org
APPLICANT: Mike Maffia,MGM2
oa �
SUBJECT: H-2025-0009
Centrepoint Apartments MDA '
,
LOCATION: 3100 N. Centrepoint Way and 3030 N. L
Cajun Lane,located in the NE '/4 of --
Section 5,Township 3N,Range I _-
(Parcel(s)# S 1105110111 and
S1105110120)
I. PROJECT OVERVIEW
A. Summary
The applicant is proposing to move forward with the project approval that was received in 2022
(H-2022-0072)with the modification to the existing Development Agreement(Instrument No.
2022-079000) for the existing 11.17 acres. The modification will create two(2)new agreements
which will allow each property to be developed independently.
B. Issues/Waivers
In 2024,CUP and DA modifications were approved with a deed restricted affordable multi-
family development with 239 units. The applicant terminated his entitlements and withdrew his
application due to complications at the State level with project financing. The applicant is
proposing to move forward with the project that was previously approved in 2022 (H-2022-0072).
C. Recommendation
Recommend approval of the proposed Development Agreement modification.
D. Decision
Approved with conditions
City of Meridian I Department Report I. Project Overview
II. COMMUNITY METRICS
Table 1•Land Use
Description Details Mal)Ref.
Existing Land Use(s) Vacant -
Proposed Land Use(s) Multi-Family Residential and Commercial -
Existing Zoning C-G VI.A.2
Proposed Zoning C-G
Adopted FLUM Designation MU-R VI.A.3
Proposed FLUM Designation MU-R
Table 2:Process Facts
Description Details
Preapplication Meeting date 1/28/2025
Neighborhood Meeting 2/25/2025
Site posting date 4/3/2025
Note: See City/Agency Comments and Conditions Section and public record for all department/agency
comments received. Centrepoint Apartments MDA H-2025-0009 (copy this link into a separate browser).
Table 3:Proiect Overview
Description Details
History H-2018-0121 (Villasport CUP,MDA);H-2021-0006(CUP),H-2022-0035
(MDA,DA Inst.#2022-079000);H-2024-0019(ALT,CUP,MDA)—this
application was approved but the applicant terminated their entitlement
rights;TED-2023-0002;TEC-2025-0001
Phasing Plan None
Residential Units 213 multi-family units-One(1)two-story building and five(5)3-story
buildings
Open Space 6.78 acres(295,401 s.f.)of qualified open space proposed according to the
open space exhibit(approximately 40%).
Amenities At a minimum, 13 amenities are proposed—See the amenity Exhibit in
Section VII below.
Physical Features The Milk Lateral has previously been piped and there is a thirty(30)foot
irrigation easement that goes through the property.
Acreage 11.17
Lots 2
Density Gross—21.3 du/ac.
City of Meridian Department Report IL Community Metrics
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code(UDC)
A. General Overview
The subject application encompasses two(2)parcels located south of E. Ustick Road(Parcels
S 1105110111 and S 1105110120. Parcel S 1105110111 was part of a Development Agreement
Modification and Conditional Use Permit(CUP)application in 2019 that removed the subject
parcel from an existing Development Agreement(DA) for the purpose of entering into a new DA
with a new conceptual plan and building elevations(H-2018-0121,DA Inst. #2019-060877)and
a request for a new athletic club and spa(indoor recreation facility),Villasport. The CUP
approval for the indoor recreation facility has since expired and the property was sold.
The current CUP and DA(H-2022-0035 DA Inst#2022-079000)was approved to construct a
mixed-use development consisting of commercial space and a 213-unit multi-family development
in lieu of an athletic club/spa and commercial building.
In 2024,CUP and DA modifications were approved with a deed restricted affordable multi-
family development with 239 units. The applicant terminated his entitlements and withdrew his
application due to complications at the State level with project financing.
B. Development Agreement Modification
The applicant is requesting the following changes to the Development Agreement:
• Parcel E(3100 Centrepoint Way) -The required landscape street buffers and multi-use
pathway segments shall be constructed and vegetated with the residential phase of
development along E.Ustick Road;the proposed 25-foot landscape buffer along the west
and south boundaries shall be constructed with the residential phase—Parcel E of
development.
• Parcel F (3030 N. Cajun Lane) -The required landscape street buffers and multi-use
pathway along N. Eagle Road will be constructed and vegetated with the development of the
Commercial Parcel—Parcel F.
C. Staffs Analysis
Staff has no objection to the Applicant's request for a modification to the existing development
agreement(H-2021-0103,Inst. 92022-066859)to create two(2)new development agreements so
that each parcel can develop independently.
On December 3,2024,the City Council approved findings for H02024-0019 for modifications to
the existing Development Agreement(DA)H-2022-0035 and Conditional Use Permit(CUP)H-
2022-0072 to facilitate the construction of a 239-unit multifamily affordable apartment project.
This proposal strictly pertains to the residential component of the approved development plan.
The applicant also requested alternative compliance for the to the open space and parking lot
landscaping. In January of 2025,that applicant terminated the entitlements and withdrew their
application for the Centrepoint Apartments project(H-2024-0019 ALT,CUP,MDA)due to
complications at the State level with project financing. An administrative time extension(TED-
2023-0002)was approved for a two-year period in April of 2023. Prior to the expiration date of
April 1,2025,the applicant submitted an application for an additional two-year
During the review process for H-2024-0019,ITD required the applicant to dedicate twelve (12)
feet of right-of-way on Eagle Road and reconstruct the right turn lane to Seville Lane.
The current DA requires the landscape street buffers and multi-use pathway segments to be
constructed and vegetated with the first phase of development along E.Ustick Road and N. Eagle
Road;the proposed 25-foot landscape buffer along the west and south boundaries shall be
constructed with the first phase of development.
City of Meridian I Department Report III. Staff Analysis
The applicant is proposing to create two development agreements for the following reasons:
• To allow landscape street buffers and pathways along E.Ustick Road as well as the 25-
foot landscape buffer along the west and south boundaries to be developed with the
residential development on Parcel E.
E. Ustiek Read are insta4led no later-gian a yeai-7 after-appr-&val of the development
agfeement medifiea4ien as this is�he final fnissiiig 14+k leadiiig up to Eagle Read.
• To allow the landscape buffer and pathway along N. Eagle Road to be constructed with
the commercial development on Parcel F.
Therefore,each parcel owner will be responsible for the improvements outlined in each of their
development agreements.
City of Meridian I Department Report III. Staff Analysis
IV. CITY/AGENCY COMMENTS & CONDITIONS
A. Meridian Planning Division
1. Development Agreement Modification(Parcel E—Multi-family):
1.1 The modified Development Agreement shall be signed by the property owner(s)and
returned to the Planning Division within six(6)months of the City Council approval of
the Findings. The Development Agreement shall,at minimum,incorporate the
following provisions:
a. Future development of the site shall be substantially consistent with the submitted
concept plan and color renderings included in Section VI of Exhibit B and the
provisions contained herein.
b. Future development of Parcel E shall comply with the standards outlined in the
multi-family development specific use standards,UDC 11-4-3-27.
c. All future pedestrian crossings that traverse shared drive aisles within the
development shall be constructed with brick,pavers, stamped concrete,or colored
concrete to clearly delineate the driving surface from the pedestrian facilities,per
UDC 11-3A-19B.4b.
d. The required landscape street buffers and multi-use pathway segment shall be
constructed and vegetated with the€rrst residential phase of development along E.
Ustick Road and N. Eagle R,,..a;the proposed 25-foot landscape buffer along the
west and south boundaries shall be constructed with the&4 residential phase of
development.
e. Applicant shall work with ACHD to construct a safe pedestrian crossing from the
central multi-family site area to the parking lot along the west boundary across N.
Centrepoint Way.
f. With the future Conditional Use Permit for the multi-family development,the
building along the west boundary shall be no more than two-stories in height and
the three (3)buildings within the center of the project shall be no more than three-
stories in height,consistent with the Applicant's revised concept plan and
presentation to Council.
g. Applicant shall continue the masonry wall along the west property boundary
consistent with adjacent development and help buffer the proposed project.
h. Staff and Applicant shall work with ACHD to mark Centrepoint Way as no-
parking on both sides,should ACHD allow it.
i.
is to Eagle Read-.
j. A shared access easement and parking agreement shall be granted between the
Commercial Parcel (F)and the Residential Parcel (E)allowing vehicular and
pedestrian ingress and egress across both properties unless a property boundary
adjustment has been completed. A recorded copy of said easement shall be
submitted to the Planning Division with the Certificate of Zoning Compliance
application.
City of Meridian Department Report IV. City/Agency Comments&Conditions
Development Agreement 42 (Parcel F -Commercial):
a. Future development of the site shall be generally consistent with the submitted concept
plan included in Section VI of Exhibit B and the provisions contained herein.
b. The required landscape street buffers,multi-use pathway,and decorative lighting along
N. Eagle Road shall be constructed and vegetated with the development of the
Commercial Parcel.
c. A shared access easement and parking agreement shall be granted between the
Commercial Parcel (F)and the Residential Parcel (E)allowing vehicular and pedestrian
ingress and egress across both properties unless a property boundary adjustment has been
completed. A recorded copy of said easement shall be submitted to the Planning Division
with the Certificate of Zoning Compliance application.
d. Applicant shall work with ITD regarding right-of-way dedication and the proposed
improvements to Eagle Road.
B. Meridian Public Works
Site Specific Conditions of Approval
1. Water is about 200ft from the Property boundary for parcel S 1105110120.
2. Any changes to public water infrastructure must be approved by public works.
3. Ensure no sewer services pass through infiltration trenches.
4. Provide 20'Easements for mains,hydrant laterals and water services. Easements should
extend up to the end of main/hydrant/water meter and 10'beyond it.
5. No permanent structures(trees,bushes,buildings,carports,trash receptacle walls,fences,
infiltration trenches,light poles,etc.)to be built within the utility easement.
General Conditions of Approval
1. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department.
2. Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
3. The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). Sewer/water easement varies
depending on sewer depth. Sewer 0-20 ft deep require a 30 ft easement,20-25 ft a 40 ft
easement,and 25-30 ft a 45 ft easement. Ensure no permanent structures (trees,bushes,
buildings,carports,trash receptacle walls, fences,infiltration trenches,light poles,etc.)are
built within the utility easement. Submit an executed easement(on the form available from
Public Works),a legal description prepared by an Idaho Licensed Professional Land
Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x
I I"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.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(UDC 11-3B-6). 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,a single-
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 prior to receiving development plan approval.
City of Meridian I Department Report IV. City/Agency Comments&Conditions
5. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
6. All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
7. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development,and if so,how they will continue to be used,or
provide record of their abandonment.
8. Any existing septic systems within this project 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.
9. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
10. 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.
11. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
12. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
13. Developer shall coordinate mailbox locations with the Meridian Post Office.
14. 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.
15. The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
17. 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 the
project.
18. A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at
ht!p://www.meridiancily.org/public works.aMx?id=272.
19. The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
City of Meridian I Department Report IV. City/Agency Comments&Conditions
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,
which can be found on the Community Development Department website. Please contact
Land Development Service for more information at 887-2211.
20. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20%of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. Meridian Park's Department
https://weblink.meridiancity.orgj ebLink/Browse.aspx?id 389740&dbid 0&repo MeridianCit
Y-
D. Idaho Department of Environmental Quality(DEQ)
hyps://weblink.meridiancity.oMg/WebLink/Browse.aspx?id 389740&dbid 0&repo=MeridianCit
X
E. Idaho Transportation Department(ITD)
https://weblink.meridiancity.org/WebLinkIBrowse.aspx?id 389740&dbid 0&repo=MeridianCit
X
V. ACTION
A. Staff:
Staff recommends approval of the requested Development Agreement Modification per the
conditions of approval included in Section IV.
B. City Council:
The Meridian City Council heard these items on June 3,2025.At the public hearing.the Council
moved to approve the subject Development Agreement modification requests.
1. Summary of the City Council public hearing:
a. In favor: Mike Maffia-Applicant, Jeff Vrba
b. In opposition:None
C. Commenting: Jeff Vrba
d. Written testimony:None
C. Staff presenting application: Linda Ritter
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Idaho Transportation Department required improvements to Eagle Road as The Eagle
Road and Ustick Road intersection is the busiest intersection in the State of Idaho.
City of Meridian I Department Report V. Action
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BUILDING A-NORTH ELEVATION 1
BUILDING A - ELEVATIONS AP0.30
2223-BUILDING A BOISE,ID 08130/22
City of Meridian Department Report VI. Exhibits
— —-—-—- -- — --- —
er ® B-CACRCCi9� -- '--- - RI➢OC-F:�CR:�
Ag`I
B.P3C-FLCGI BIDGC
BUILDING D-WEST ELEVATION 4 BUILDING D-NORTH ELEVATION 2
We'=Tw' mr=T-v
a i$
i-
NT
11-1
-- - r
BUILDING D-EAST ELEVATION 3 BUILDING D-SOUTH ELEVATION 7
BUILDING E ELEVATIONS AP0.34
2223-BUILDING E BOISE.ID 08/30/2022
City of Meridian I Department Report VI. Exhibits
BUILDING F-NORTN EIEVATBIN 4 BUILDING F-WEST EIEYAiIdI 2
BU►OINGF-MNIINELEVATION 3 BUILDING F-EAST ELEVATION 1
BUILDING F-ELEVATIONS AP0.35
��- 2223-BUILDING F oora_o ce,mecr_
City of Meridian I Department Report VI. Exhibits