Linder Village MDA H-2021-0034 Addendum to Development Agreement (2021-102392) ADA COUNTY RECORDER Phil McGrane 2021-102392
BOISE IDAHO Pgs=14 CHE FOWLER 07/07/2021 10:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. High Desert Development Linder Village,LLC, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 6th day
of July ,2021, ("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 High Desert Development Linder Village, LLC, ("OWNER/DEVELOPER")
whose address is 2537 W. State Street, Ste 110,Boise, ID 83702.
RECITALS
A. OWNER/DEVELOPER has submitted an application for a
Modification to the Development Agreement recorded April 10,2019 as Instrument#2019-0028376
in Ada County Records to include financial uses in the area currently designated for specialty retail
and restaurant uses. The Meridian City Council approved said application with Findings of Fact and
Conclusions of Law as in the attached Exhibit"A".
B. CITY and OWNER/DEVELOPER now desire to amend said 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 shall be bound by the terms of the Development Agreement recorded
as Instrument#2019-0028679,except as specifically amended to update the Use Area Plan to allow
for a financial institution in the area currently designated for specialty retail and restaurant uses in the
northwest corner of the site as stated and shown in Use Area Plan, the Concept Plan and the
Circulation Plan in the Staff Report that is attached to the Findings of Fact and Conclusions attached
hereto as Exhibit"A".
2. 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/Developer,or their assigns,heirs,or successor
shall not meet the conditions of this Addendum,and the Ordinances of the City of Meridian as herein
provided.
3. This Addendum shall be binding upon and insure to the benefit of the parties'respective heirs,
successors, assigns and personal representatives, including City's corporate authorities and their
successors in office. This Addendum shall be binding on the Owner/Developer 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
ADDENDLJM TO DEVELOPMENT AGREEMENT-H-2021.0034—Linder Village-MDA Page 1 of 3
Page 273
Item#14.
alienation shall be subject to the provisions hereon 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
Addendum if City,in its sole and reasonable discretion,had determined that Owner/Developer have
fully performed its obligations under this Addendum.
4. 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.
5. 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 Property herein provided for can be
modified or amended within 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.
6. This Addendum shall be effective as of the date herein above written.
7. Except as amended by the Addendums,all terms of the previous Agreements shall remain in
full force and effect.
ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0034—Linder Village-MDA Page 2 of 3
Page 274
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this Addendum and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
High Desert De v lopment Linder Village,LLC
(iv
Joe Hua e
CITY OF MERIDIAN Attest:
Mayor Robert E. Simison Chris Johnson, City Clerk 7-6-2021
STATE OF IDAHO )
)ss.
County of Ada )
On thisw 6y day of JCA Vt e 2021,before me,the undersigned,a Notary Public in and for said
State,personally appeared Joe Huarte known or identified to me to be the of
High Desert Development Linder Village,LLC and acknowledged to me that he executed the instrument above.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
E
PIERCE-State :23,
NotaryPublic for daho
Numberpires D23 Residing at:
My commission expires: 2— J7—:3
wwwww
STATE OF IDAHO )
:ss
County of Ada )
On this 6th day of July 2021,before me,a Notary Public,personally appeared Robert E.
Simison and Chris Johnson,known 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.
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-2$-2022
Page 275
►tem#14. EXHIBIT A
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN
AND DECISION& ORDER
In the Matter of the Request for Modification to the Use Area Plan in the Development Agreement
(Inst.#2019-028376)to Include Financial Uses in the Area Currently Designated for Specialty
Retail and Restaurant Uses,by CSHQA.
Case No(s). H-2021-0034
For the City Council Hearing Date of: June 1,2021 (Findings on June 15,2021)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 1, 2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of June 1, 2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 1, 2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 1,2021,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 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 1, 2021, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR LINDER VILLAGE—MDA H-2021-0034 - I - Page 276
Item#14.
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 modification to the development agreement is hereby approved
per the provisions in the Staff Report for the hearing date of June 1, 2021, attached as Exhibit
A.
D. Notice of Applicable Time Limits
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. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 June 1,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR LINDER VILLAGE—MDA H-2021-0034 -2- Page 277
Item#9.
By action of the City Council at its regular meeting held on the 15th day of June
2021.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 6-15-2021
Attest:
Chris Johnson 6-15-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 6-4 5-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR LINDER VILLAGE—MDA H-2021-0034 -3- Page 148
item#,4. EXHIBIT A
STAFF REPORTC�WEIIDIAN ---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 6/1/2021 Legend
DATE:
IdPro.ec- Loco-on
TO: Mayor&City Council
FROAM: Sonya Allen,Associate Planner R-4 RT
208-884-5533 - TR1 MU
SUBJECT: H-2021-0034
Linder Village RUT
R-
LOCATION: The site is located at 6308 N. Linder
Road at the northeast corner of N. Linder R.'
Road and W. Chinden Blvd., in the NW - RUT
%4 of Section 25,Township 4N.,Range R_8 R-
1W. R1 fiM®
I. PROJECT DESCRIPTION
Modification to the Use Area Plan in the Development Agreement(Inst. #2019-028376)to include
financial uses in the area currently designated for specialty retail and restaurant uses.
II. SUMMARY OF REPORT
A. Applicant:
Mandie Brozo, CSHQA—200 Broad St.,Boise,ID 83702
B. Owner:
Dave McKinney,High Desert Development Linder Village, LLC—2537 W. State St., Ste. 110,
Boise,ID 83702
C. Representative:
James Marsh, CSHQA—2537 W. State St., Ste. 110,Boise, ID 83702
III. STAFF ANALYSIS
The Applicant proposes to amend the existing Development Agreement(DA)(Inst. #2019-028376)to
update the Use Area Plan to allow for a financial institution in the area currently designated for specialty
retail and restaurant uses at the northwest corner of the site.No other changes to the uses shown on the
Plan are proposed.The Use Area Plan in Section V.B is included in the existing DA;the Plan in Section
V.E is proposed.
Substantial compliance with the approved Use Area Plan is required as a provision of the DA (i.e.
#5.1a) to ensure a minimum of three (3) land use types [i.e. commercial (includes retail, restaurants,
Page 1
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Item#14.
etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.) and
industrial] are provided within this development consistent with the guidelines in the Comprehensive
Plan for the associated Mixed Use—Community(MU-C) Future Land Use Map (FLUM) designation
for this site.
The conceptual development plan and site circulation plan have also been updated to reflect the
proposed reconfiguration of the site layout in the area where the financial institution is planned; the
adjacent building footprint to the east now includes a drive-through. The pedestrian circulation plan
depicts reconfigured pathway locations consistent with the new site design.
The proposed change to include financial along with the retail and restaurant uses will still ensure a
mix of land uses are provided as desired in the MU-C.
Because the proposed change increases the types of uses planned for this area which is desired, Staff is
supportive of the requested amendment to the DA.
IV. DECISION
A. Staff:
Staff recommends approval of the modification to the DA as proposed by the Applicant.
C. The Meridian City Council heard this item on June 1,2021. At the public hearing.the Council
moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: James Marsh, CSHOA; David McKinney Woolstenhulme: Mandie
Brozo. CSHOA
b. In opposition:None
c. Commenting: Sally Reynolds: Denise LaFever
d. Written testimony: Norman&Julie Davis; Sall Reynolds
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony.
a. Not in favor of the proposed change to the Use Area Plan to include financial
institutions: prefers restaurant&specialty stores in this location since there are two
other financial institutions within walking distance of this site.
b. No issue with proposed chance
C. Concern about blight resulting from repurposing of the bank building across the street
with development of the proposed bank on this site.
3. Key issue(s)of discussion by City Council:
a. Extent of road widening improvements and timing for completion:
b. Traffic calming within the site and in Bacall on the southern portion of the site.
4. City Council change(s)to Staff s recommendation:
a. None
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Item#14.
V. EXHIBITS
A. Existing Conceptual Development Plan(dated: 12/13/18)
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Item#14.
B. Existing Use Area Plan(dated: 10/8/18):
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C. Existing Site Circulation Plan(dated: 10/8/18):
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E. Proposed Use Area Plan(dated: 5/7/21):
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Item#14.
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