HomeMy WebLinkAboutMeadowLake Village Adm DA/ Y MAYOR
Robert~~DnnCoiTie
CITY COUNC'1L'~VIEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
May 28, 2003
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CITY OF RN
`i(VlPY1G~1G~Y1~ ~`
~~ IDAHO
LEGAL DEPARTM ENT
(208) 4G6-9272 • FAX 4G6-4405
PARKS & RECREATION
(208) 888-3579 • Fax 898-5501
PUBLIC WORKS
(208) 898-5500 • Pax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING & ZONING
(2081884-5533 • Fax RRR-lRSd
-, ra r, ry n r-~
Jason Butler P~.~~ ~ ~1 ~9a3
Humme! Architects, PA
2785 Bogus Basin Road F~U~6~1YL,~~G~! i ~~TS, ~}~•
Boise, Idaho 83702
RE: Findings of Fact:and Conclusions of Law for Approval ~~j CE1V~~
Addendum to Development Agreement
Meadow Lake ~Ilage CUP 03-005 (Touchmark) JUL 1 7 2003
Dear Jason,
City Of Meridian
City Clerk Office
EnGosed you will find a copy of the above-mentioned document(s) as regards
your project(s) pending with the City of Meridian. A copy of the Findings is
inGuded for your files. Please pursue the proper signatures on the Addendum to
Development Agreement and return to this office as soon as possible. Upon
receipt of the signed document, it will be placed on a future Council agenda for
approval. We will then record the agreement and fontvard a conformed copy to
you.
Please feel free to contact our office if you have any questions.
Sincerely,
To
~har-~
" _ ~ Sharon Smith
Deputy City Clerk
Enc.
33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433
City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance,& Utility Billing Fax (208) 887-4813
Interoffice
MEMORANDUM ~~ii~~11
To:
From:
Subject:
File No.:
Date:
William G. Berg, Jr.
William F. Nichols
BY: RUNNEL ARCHITECTS, PA FOR CONDITIONAL USE PERMIT FOR A
PLANNED UNIT DEVELOPMENT FOR MEADOW LAKE VILLAGE IN AN
L-O ZONE AND THE MAY 2003 ADDENDUM TO DEVELOPMENT
AGREEMENT
CUP-03-005
May 12, 2003
Will:
MAY 13 2p03
City Of Meridian.
City Clerk Office
Please fmd attached the original FINDINGS OF FACT CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place this matter upon an
upcoming Consent Agenda for Council discussion and decision.
Additionally, you will find attached the May 2003 Addendum to Development
Agreement with the revised Phasing Plan for Phase Three for Touchmark Living Centers. The
Findings will need to be approved first, and then the May 2003 Addendum to Development
Agreement will need to be executed and placed upon a Council agenda for approval.
To date, this should be the latest updated version of the Phasing Plan that has been
incorporated into the Addendum. Drawing A and Drawing B, with the appropriate coloring, will
need to be attached to the Addendum.
I believe the Addendum is now ready for execution by Mr. Nistler, President of
Touchmark of the Treasure Valley, LLC.
If you should have any questions please give me a call.
Z:1WorkVdVvleridianlMeridian 15360MV~feadow lake Vitlage CUP-03-0OS~COrLtrCUPffcls&Order.doc
MAY 2003 ADDENDUM
TO DEVELOPMENT AGREEMENT
The following is a May 2003 Addendum to that certain Development Agreement by and between
the City of Meridian and Touchmark of the Treasure Valley, L.L.C., an Oregon Limited Liability
Company, which Development Agreement is dated the 151 day of May, 2001, and the Apri12001
Addendum dated the 15` day of May, 2001, specifically is subsequent to the entering into of the
original Development Agreement and the Apri12001 Addendum, and this May 2003 Addendum
specifically pertains to number 1 item numbers 1, 4, 5, 7 and 10 under PHASE TWO -Begin in
the Summer of 2003, Completion in 2007 [estimated], which are hereby deleted under the
PHASE TWO requirements and now specifically addressed in the designated PHASE THREE
construction as follows:
This is a summary of the phasing plan drawing for the Touchmark of the Treasure Valley
(TTV) Project off Franklin Road east of Eagle Road in the City of Meridian, Idaho. It is
a supplement to the Development Agreement with the City of Meridian to indicate the
extent of the work in Phase One and to address the probable areas of impact in the
subsequent phases. Market related forces will dictate the actual phasing which will be
addressed in subsequent CUP processing for each phase of development. The illustrated
first phasing is in substantial agreement with the original plans in content, although some
of the improvements and housing locations have been modified to address construction
and marketing issues.
In general the phasing plan presented below indicated the area of work for each phase
along with those specific items addressed by the City of Meridian as `requirements [R]'
for development. Those items deemed requirements of the City are designated to be,
required to be bonded, prior to receipt of building permits and completed prior to
occupancy. Certain items are identified as `prerequisite items [PI]' to be completed prior
to receipt of building permits (for life safety issues). Other items ofnon-priority may not
require any special treatment [NP]. The following items are anticipated to be included in
the each designated phase of TTV.
PHASE THREE-Benin in the Summer of 2006, Completion in 2009 /estimated]
1. Installation of domestic water distribution system and sanitary sewer collection system in,
Street `H' and Cul-de-sacs to Phase Three cottages and patio homes. [PI]
2. Franklin Road and Street `H' Intersection-Widening & Signal. [R]
May 2003 Addendum
Page 1 of 5
3. Franklin Road at Street `H' Landscape on Franklin, 200-feet each side of Street `H'. [R]
4. Landscaping along Franklin adjacent to Phase Three. [R]
5. Public Utilities along Street `H' and Cul-de-sacs in Phase Three. [NP]
6. Installation of domestic water distribution system and sanitary sewer collection system in
Street `J', and Cul-de-sacs to Phase Three cottage and patio home units. [PI]
7. Construction of the street base for the Phase Three Cul-de-sacs. [PI]
8. Construction of Street `J' (public) from Roundabout `3' to easterly boundary of site. [R]
9. Landscape on Franklin adjacent Phase Three. [R]
10. Master Grading for Phase Three. [NP]
11. Rerouting of the gravity irrigation and drainage facilities within Phase Three. [NP]
12. Public Utilities along Street `H' and Cul-de-sacs in Phase Three. [NP]
13. Construction of cottage and patio home units and landscaping in Phase Three. [NP]
2. The parties hereto agree that development of the above described real property shall be in
accordance with the terms of the above described Development Agreement and the April
2001 Addendum, and this May 2003 Addendum, or those City ordinances in effect at the
time any subsequent conditional use application is filed, whichever are more restrictive. For
example, since the date of the original Development Agreement, the City has adopted a new
Landscape Ordinance and a new Sign Ordinance. Any development requiring additional
conditional use permits shall be developed in compliance with said Sign Ordinance and said
Landscape Ordinance, notwithstanding the fact that the original Development Agreement
incorporated lesser development standards.
3. That "Owner" 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, the
Development Agreement, the Apri12001 Addendum to Development Agreement, and this
May 2003 Addendum to Development Agreement, and any new Ordinances of the City of
Meridian as herein provided.
4. This May 2003 Addendum 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 May 2003 Addendum shall be
binding on the "Owner" of the "Property", each subsequent owner and any other person(s)
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 benefitted
and bound by the conditions and restrictions herein expressed. "City" agrees, upon written
request of "Owner", to execute appropriate and recordable evidence of termination of this
Addendum if "City", in its sole and reasonable discretion, had determined that "Owner" has
fully performed its obligations under this Addendum.
5. 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 acid the invalidity thereof shall
not affect any of the other provisions contained herein.
May 2003 Addendum
Page 2 of 5
6. This Addendum sets forth all promises, inducements, agreements, condition and
understandings between "Owner" and "City" relative tot he subject matter hereof, and there
are no promises, ageements, conditions or understanding, either oral or written, express or
implied, between "Owner" 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".
6.1 Except as herein provided, no condition governing the uses and/or
conditions governing development 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.
7. This May 2003 Addendum shall be effective as of the date herein above written.
May 2003 Addendum
Page 3 of 5
ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties have herein executed this addendum and made it
effective as hereinabove provided.
TOUCHMARK OF THE TREASURE VALLEY, L.L.C.,
an Oregon limited liability company
BY: 1r~ ~ - ~
Werner G. Nistler, Jr., President
ATTEST:
BY: ~ 1~~ I" t ~ ~~
Colleen T. Nistler, Secretary
CITY OF MERIDIAN
BY:
Mayor Robert D. Come
ATTEST:
William G. Berg, Jr.
City Clerk
May 2003 Addendum
Page 4 of 5
STATE OF OREGON, )
• ss
County of~)
On this 1~ day of ~~ , 2003, before me, the
undersigned, a Notary Public, personally appeared Wemer G. Nistler, Jr., President, and Colleen
T. Nistler, Secretary, of Touchmark of the Treasure Valley, L.L.C., an Oregon limited liability
company, known or identified to me to be the persons who executed the instrument and
acknowledged to me that they did execute the foregoing instrument on behalf of said
corporation.
..---~--
OFFICIAL SEAL
THERESA M. GATES
( ~ NOTAfiV PUBLIC-OREGON
COMMISSION N0.348889
MY COMMI5SION EXPIRES AUG. 14, 2006
STATE OF IDAHO, )
County of Ada,
ss:
Notary Public for ~
Residing at:
Commission expires:
On this day of , 2003, before me, the undersigned,
a Notary Public, personally appeared Robert D. Come and William G. Berg, Jr., known or
identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who
executed the instrument or the persons that executed the instrument on behalf of said City, and
acknowledged to me that such City executed the same.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
Z:\Work\MVMeridianVvieridian 15360M\Touchmnrk Living Cen[ersVvlAY 2003 SECOND ADDEDNUM.doc
May 2003 Addendum
Page 5 of 5