PZ - DA
Item Requested by S. Allen Notes
DA modification
1 Original project name, Meridian Crossing
annexation/rezone final number and AZ-09-008
ordinance number 10-1467
2 Date of City Council approval of development agreement, December 7, 2010
recordation date, December 9, 2010
instrument number 110115738
3 Reason for development agreement modification (address with a We envision this modification as an amended and restated
request is to remove property from an existing development Development Agreement with a termination of the existing or original
agreement and execute a new one, or solely a modification to an Development Agreement. All property governed by the original
existing development agreement) Development Agreement will be governed by the amended and
restated Development Agreement.
The project has changed and the original zoning boundaries, which
were contemplated to be revised in the original Development
Agreement, are being revised, which will be reflected in the
amended and restated Development Agreement.
4 Sections of development agreement to be modified and proposed See attached redlined Development Agreement.
modification and strike out/underline format
5 Any other supporting information No.
6 Affidavit of legal interest DA legal description Information on authority of James Zeiter to sign on behalf of
Meridian 118, LLC sent to Sonya Allen (11-5-21 and 11-9-21).
Preliminary plat
Narrative fully describing the proposed project:
7 Address whether or not a variance will be requested with respect See discussion in lines 10 – 13 below.
to any provision of the ordinance describing a particular
provision, the variance requested, and the reason thereof
8 Development features and/or commitments by the applicant See attached Additional Narrative in Support of the Preliminary Plat
Application.
Reply to S. Allen re: Request for Additional Information - 1
9 Description of any covenant or deed restrictions that support the None existing.
proposed development (e.g., larger rear setback to buffer
adjoining properties, etc.)
Alternative compliance
Narrative fully describing the proposed request including the following:
10 The specific requirements that are proposed to be modified The Vanguard Commons (north 40 acres)Line 18: narrative
identified the specific requirements proposed to be modified on pp.
10 & 14: This text is being revised as follows:
. . . we are requesting alternative compliance for setbacks for the
residential buildings located on Sunset Point Way and Coral Reef.
On collector streets, the R-15 district requires 20 feet between the
back of the sidewalk and the living area of a building. Our setbacks
are 17 feet from the back of the sidewalk to the building. These
streetscapes and setbacks were designed in compliance with the
TMISAP and exceed the ten foot minimum setback required in the
Multifamily Development specific use standards. UDC § 11-4-3-
27.B.1. Alternative compliance is permitted for deviations from
Structure and Site Design Standards, UDC § 11-3A-19.
Please also see attached Supplemental Narrative for Compliance
Narrative
11 Address the reason why strict adherence or application of the Strict adherence to the setback is not feasible because Vanguard
requirements are not feasible Commons was designed to comply with the “street-oriented” design
standards of the TMISAP to create an urban, pedestrian-friendly
multi-family development.
12 Demonstrate how the proposed alternative means for compliance The TMISAP provides that “building at or close to the property line
with the specific requirements provides an equal or superior creates a consistent edge to the public space and makes streets
means of meeting the intent and purpose of the regulation more friendly and walkable” (3-33), and that residential collector
streets “have limited setbacks behind the sidewalk and a tree lawn
is provided” (3-23). We have created an urban, walkable
neighborhood, as contemplated by the TMISAP. In order to comply
with both the TMISAP and the Structure and Design Standards, we
request alternative compliance from the setback.
13 Any supporting documentation or plans See attached Supplemental Narrative for Alternative Compliance.
Reply to S. Allen re: Request for Additional Information - 2
Additional Items Needed
14 Narrative for the DA modification – “DA Narrative” Please see the discussion in lines 1 – 5 above.
15 Narrative for Rezone – “RZ Narrative” (include specifics) See attached Additional Narrative in Support of Rezone Application.
16 Narrative for the Preliminary Plat – “PP Narrative” See attached Additional Narrative in Support of the Preliminary Plat
Application.
17 Narrative for the Alternative Compliance request – “ALT Please see the discussion in lines 10 – 13 above.
Narrative”
18 PDF copy of the conceptual engineering plans, including pipe T-O Engineering has been requested to provide this information for
sizes & profiles – “Public Utility Plan” Meridian.
19 The legal descriptions & the associated exhibit maps for the T-O Engineering has prepared the legal descriptions for the revised
rezone application should only include the areas proposed to be zoning boundaries that have been submitted to Meridian.
rezoned – currently, they include portions that are already zoned
with the requested zone(s) – “RZ Exhibit” (legal descriptions for Email sent to S. Allen on 11-12-21 to determine if this detail is
existing zoning) required.
20 “Preliminary Plat” that only shows the items on the application Please see attached updated Preliminary Plat.
checklist (remove site plan layer & anything else that’s not
required)
21 CUP application – submit a breakdown of how many 3-story CUP Narrative was updated with Exhibit A to address this issue.
apartment units, flats & townhome-style units there are, how
many 1-, 2- and 3-bedroom units there are for each unit type and
how many units are between 500 and 1,200 s.f. and how many
are over 1,200 s.f. overall.
22 The CUP narrative states two (2) CUP’s are requested – one is There is only one conditional use permit application. The second
for the multi-family development, what is the other one for? Was sentence in the Introduction on page 1 of the Vanguard Commons
this info included in the narrative? If so, please tell me what narrative is revised as follows:
page(s). If not, include it.
Applications for the overall Project Vanguard include a rezone,
development agreement modification, preliminary plat, and one
conditional use permit.
Reply to S. Allen re: Request for Additional Information - 3
23 “CUP vicinity map” that only shows the portions subject to the Please see the attached vicinity map of the area surrounding the
CUP request(s). north 40 acres of Project Vanguard known as Vanguard Commons.
24 Open space exhibit, including calc’s, for the CUP(s) that Please see the attached design narrative and open space exhibit
demonstrate compliance with the standards in UDC 11-4-3-27C – prepared by GGLO that contains the open space calculations per
“CUP Open Space Exhibit” UDC 11-4-3-27C.
Additional Request for amendment to Standard Term of Approval On the last page of the CUP Narrative, please see our request for
item an amendment to the standard term of approval to allow Vanguard
Commons to apply for building permits prior to recordation of the
final plat.
Reply to S. Allen re: Request for Additional Information - 4
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. \[insert owner/developer name\]Meridian 118, LLC
THIS DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into
this______ day of________________, 202__1, by and between City of Meridian, a municipal
corporation of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642,
hereinafter called “CITY”, and \[developer/owner\]xxxxMeridian 118, LLC, a corporationNevada
limited liability company, whose address is \[address\] 3005 W. Horizon Ridge Parkway Suite 141,
Henderson, Nevada 89052, hereinafter called “OWNER/DEVELOPER”.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of that certain
tract of land in the County of Ada, State of Idaho, legally described in
Exhibit “A”, which is attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as the “Property”; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code (“UDC”), which
authorizes development agreements upon the annexation and/or re-zoning of
land and further authorizes the modification and amendment of development
agreements; and
1.4 WHEREAS, a Owner/Developer has submitted an application to modify that
certain Development Agreement dated December 7, 2010June 25, 2019
andwas recorded against the Property as Instrument No. 110115738 2019-
055407 (the “Original Development Agreement”). The Original Development
Agreement governs the development of the Propertyapproximately 276 acres
of land, including the Property, within the City of Meridian, Ada County, as
legally described therein (the “Original Property”); and
D EVELOPMENT A GREEMENT – \[PROJECT NAME\] (H-2021-\[__\]) P AGE 1 OF 12
1.5 WHEREAS, the Owner/Developer has submitted an application to repeal and
replace the Original Development Agreement in its entirety; andthe Property is
an approximately 16.6-acre portion of the Original Property; and
1.6 WHEREAS, this Agreement only governs the Property, and all other
portions of the Original Property shall remain subject to the Original
Development Agreement; and
1.71.6 WHEREAS, Owner/Developer made representations at the public hearings
before the Meridian City Council, as to how the Property will be developed
and what improvements will be made; and
1.81.7 WHEREAS, the record of the proceedings for development agreement
modification held before the Meridian City Council includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.91.8 WHEREAS, on the \[___\] day of \[_________________\], 202__1, 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
1.101.9 WHEREAS, the Findings require the Owner/Developer to enter into
this Agreement to provide for a revised conceptual site plan governing the
development of the Property; and
1.111.10 WHEREAS, City further requires the Owner/Developer to enter into
a development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this 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; and
1.121.11 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
1.13 WHEREAS, The Property described in Exhibit “A” shall no longer be subject
to or governed by the terms of the Original Development Agreement or any
other development agreement(s) previously recorded against the Property,
including, but not limited to, Ada County Instrument Numbers 1101157378
D EVELOPMENT A GREEMENT – \[PROJECT NAME\] (H-2021-\[__\]) P AGE 2 OF 12
and that Original Development Agreement is hereby repealed and replaced in
its entirety106034786, 109040246, 110051282, and 111010393.
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.
3.2 OWNER/DEVELOPER: means and refers to \[name\] Meridian 118, LLC,
whose address is \[address\] 3005 W. Horizon Ridge Parkway Suite 141,
Henderson, Nevada 89052, hereinafter called “Owner/Developer”, the party
that owns and is developing the Property and shall include any subsequent
owner(s)/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in
the County of Ada, City of Meridian and described in Exhibit “A”, attached
hereto and by this reference incorporated herein as if set forth at length, which
land is subject to this Development Agreement upon recording.
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
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 generally consistent with
the conceptual site plan submitted in connection with H-2021-00\[__\], which
conceptual site plan is attached hereto as Exhibit “C” and by this reference
D EVELOPMENT A GREEMENT – \[PROJECT NAME\] (H-2021-\[__\]) P AGE 3 OF 12
incorporated herein as if set forth in full, hereinafter referred to as the
“Concept Plan”
6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6) months
after the date the Meridian City Council approves the modification or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
7.1 Acts of Default. Either party’s failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
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 of breach from City to initiate commencement of action to
correct the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such breach 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.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City’s compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 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.
D EVELOPMENT A GREEMENT – \[PROJECT NAME\] (H-2021-\[__\]) P AGE 4 OF 12
7.5 Multiple Owners. In the event that any portion of the Property is sold or
otherwise conveyed to a new owner, each owner shall only be responsible for
the rights and obligations associated with their portion of the Property, and
the default of one owner to a portion of the Property shall not constitute
default as to another portion of the Property under different ownership.
7.5 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 thereof in accordance with the terms and conditions of this
Agreement and all other ordinances 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.
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 agree to provide, if
required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any
phase in which the improvements have not been installed, completed, and accepted by the City, or
sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree 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 Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
D EVELOPMENT A GREEMENT – \[PROJECT NAME\] (H-2021-\[__\]) P AGE 5 OF 12
OWNER/DEVELOPER:
\[insert contact info\]Meridian 118, LLC
3005 W. Horizon Ridge Parkway
Suite 141
Henderson, NV 89052
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
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, provided,
however, that any successor owner to any portion of the Property shall only be benefited and bound
by the conditions and restrictions herein expressed as to that owner’s portion of the Property.. City
agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined that
Owner/Developer has fully performed their obligations under this Agreement.
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
reasonably 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.
D EVELOPMENT A GREEMENT – \[PROJECT NAME\] (H-2021-\[__\]) P AGE 6 OF 12
21. 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. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date: (i)
the parties have mutually executed this Agreement; and (ii) this Agreement is recorded in the real
property records of Ada County, Idaho.
\[end of text; signatures, acknowledgements, and Exhibits A and B follow\]
D EVELOPMENT A GREEMENT – \[PROJECT NAME\] (H-2021-\[__\]) P AGE 7 OF 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Meridian118, LLC, a Nevada limited liability company
By: Insight Administrative Services, LLC, a Nevada limited liability company, its Manager
By: Insight Holdings, LLC, a Nevada limited liability company, its Manager
By: _________________________
James Zeiter, its Manager
By:
Its:
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
STATE OF )
: ss:
County of )
This record was acknowledged before me on _______________, 202_ by James Zeiter as
Manager of Insight Holdings, LLC, a Nevada limited liability company, as Manager of Insight
Administrative Services, LLC a Nevada limited liability company, as Manager of Meridian 118,
LLC, a Nevada limited liability company.
(STAMP)
Signature of Notary Public
My Commission Expires:
D EVELOPMENT A GREEMENT – \[PROJECT NAME\] (H-2021-\[__\]) P AGE 8 OF 12
STATE OF IDAHO )
: ss
County of Ada )
This record was acknowledged before me on _______________, 202_ by Robert E. Simison
and Chris Johnson as the Mayor and the City Clerk, respectively, of the City of Meridian, Idaho.
(STAMP) Signature of Notary Public
My Commission expires:
D EVELOPMENT A GREEMENT – \[PROJECT NAME\] (H-2021-\[__\]) P AGE 9 OF 12
Exhibit A
Legal Description of the Property
\[insert\]
D EVELOPMENT A GREEMENT – \[PROJECT NAME\] (H-2021-\[__\]) P AGE 10 OF 12
Exhibit B
Finding of Fact and Conclusions of Law and Decision and Order
\[insert\]
D EVELOPMENT A GREEMENT – \[PROJECT NAME\] (H-2021-\[__\]) P AGE 11 OF 12
Exhibit C
Concept Plan
\[insert\]
D EVELOPMENT A GREEMENT – \[PROJECT NAME\] (H-2021-\[__\]) P AGE 12 OF 12