Z - DA Brightstar Overland AKA Dorado Subdivision MDA H-2022-0044 (2022-082459) ADA COUNTY RECORDER Phil McGrane 2022-082459
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 09/28/2022 08:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIES: ADDENDUM TO DEVELOPMENT AGREEMENT
I a City of Meridian
2. Kimball Properties Ltd Partnership,Owner
3. Altura Alturas Capital art ers, Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 27th R day of
September 2022, ("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 Kimball Properties Ltd Partnership ("OWNER"),whose address is c/o W
Moore, P.O. Box 8204, Boise, Idaho 83707, and Alturas Capital art ers ("DEVELOPER"),
OPER"),
whose address is 500 E. Shore Dr. Ste. 120, Eagle, Idaho 83616.
RECITALS
A. OWNER/DEVELOPER has submitted an application for a Modification
to the Development Agreement recorded September 2,2005 as Instrument 9105127512 in Ada
County Records, and subsequently amended with a Modification to the original Development
Agreement and recorded as Instrument#2017-007434, for the purpose of including residential
care facilities as an allowed use on the site. The Meridian City Council approved said application
with Findings of Fact and Conclusions of Law as in the attached Exhibit"A."
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:
I. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement
recorded as Instrument 9 105127512 and Modification to Development Agreement recorded as
Instrument #2017-007434, except as specifically amended as follows:
a. Provision 5.1.6 is amended as follows;Allowed uses are restaurant, retail,
hotel, banks, office, and residential care facilities.
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.
MODIFICATION TO DEVELOPMENT AGREEMENT-I1-2022-0044—BRIGHTST'AR OVERLAND(ARA DORADO SUBDIVISION)MDA
Page I of 4
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 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.
MODIFICATION TO DEVELOPMENT AGREEMENT-II-2022-0044—BRIGHTSTAR OVERLAND(AKA DORADO SUBDIVISION)MDA
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this Addendum ands
made it effective as hereinabove provided.
OWNER:
Kimball Properties Ltd Partnership
STATE OF IDAHO )
)ss.
County of Ada )
On this. 54_day of 2022,before me,the undersigned,a Notary Public in and for
said State,personally appeared __ known or identified to me to be the
A A�0;,A ?-t&Sra0' Wof Kimball Properties Ltd Partnership and the person who signed above and acknowledged
to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF Nve hereunto set my hand and affixed my official seal the day and year in this
certificate first above written \�i\\���l �j���y��
``����fsZ\E...... O,;
P61**
W COWNSSION S _Notary Public for Idaho OnRES I-IX2024 Commission expires: 0 2024
OF
DEVELOPER: ���i� ����.
Alturas Capital Partner�S,
STATE OF IDAHO )
)ss.
County of Ada )
On this q r'day of 4k�� _.2022,before me,the undersigned,a Notary Public in and for
Said State,personally appeared __T OV >r 1 S_ :_—,known or identified tome to be the
—of Alturas Capital Partners and the person who signed above and acknowledged to me that
he executed the same on behalf of said corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
101
` N;a;• /�+� +•• *aIPublic for ho f11,6 .�No �� ••. Commssion expires:(Al f '��'>,
471 140TA k t'J
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MODIFSATI67�} D 9IsNT�CiREEMENT-Ii-2022-U044-BRIGHTSTAR OVERLAND(AKA DORADO SUBDIVISION)MDA
Page 3 d'VP -i8.OB10�f Z O'-��
CITY OF MERIDIAN Attest:
Mayor Robert E. Simison 9-27-2022 Chris Johnson, City Clerk 9-27-2022
STATE OF IDAHO )
ss
County of Ada )
On this 27th day of September ,2022,before me,a Notary Public,personally appeared Robert
E.Simison and Chris Johnson,known or identified to me to be the Mayor and City 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.
S 'AL) Notary Public for Idaho
My Commission Expires: 3-28-2028
MODIFICATION TO DEVELOPMENT AGREEMENT-H-2022-0044—BRIGHTSTAR OVERLAND(AKA DORADO SUBDIVISION)MDA
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EXHIBIT A
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�'
AND DECISION& ORDER
In the Matter of the Request for Modification to the Existing Development Agreement(AZ-05-019
Dorado Subdivision—Inst.#105127512)to Include Residential Care Facilities as an Allowed Use on
the Site,by Hatch Design Architecture.
Case No(s). H-2022-0044
For the City Council Hearing Date of: August 9,2022 (Findings on August 23,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 9, 2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 9, 2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of August 9, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of August 9, 2022, 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BRIGHTSTAR OVERLAND AKA DORADO SUBDIVISION H-2022-0044
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 9, 2022, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a modification to the development agreement is hereby approved
per the provisions in the Staff Report for the hearing date of August 9, 2022, 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 67-651IA. 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 August 9, 2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BRIGHTSTAR OVERLAND AKA DORADO SUBDIVISION H-2022-0044
By action of the City Council at its regular meeting held on the 23rd day of August
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTEDAYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. im�on 8-23-2022
Atte
""ir
6Y INM1NO
SEAL
Chris Johnson 8-23-2022
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: Dated: 8-23-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BRIGHTSTAR OVERLAND AKA DORADO SUBDIVISION H-2022-0044
STAFF REPORT E IDIANT---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING August 9, 2022 Legend -
DATE: ff ?
IProjec#Lacafor
TO: Mayor&City Council
R
FROAM: Sonya Allen,Associate Planner
208-884-5533 j _ -__
SUBJECT: H-2022-0044 R1_
Brightstar Overland(aka Dorado R1
Subdivision)
LOCATION: 2940 E. Overland Rd., in the SE 1/4 of CSC
Section 17,T.3N.,R.1 E. rr
R-
IRR
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(AZ-05-019 Dorado Subdivision—Inst.
#105127512)to include residential care facilities as an allowed use on the site.
II. SUMMARY OF REPORT
A. Applicant:
Steve Thiessen, Hatch Design Architecture—200 W. 36"St., Garden City, ID 83714
B. Owner:
Devin Morris,Alturas Capital Partners—500 E. Shore Dr., Ste. 120, Eagle, ID 83616
C. Representative:
Jeff Hatch,Hatch Design Architecture—200 W. 36th St., Garden City, ID 83714
III. NOTICING
City Council
Posting Date
Notification published in
newspaper
7/24/2022
Notification mailed to property
owners within 300 feet 7/22/2022
Applicant posted public hearing
notice on site 7/29/2022
Nextdoor posting 1 7/29/2022
IV. STAFF ANALYSIS
The existing Development Agreement(DA) )(AZ-05-019 Dorado Subdivision—Inst. #105127512,
amended with H-2016-0131 —Inst. #2017-007434) is proposed to be amended to include residential
care facilities as an allowed use on the site(Lot 1, Block 1, Dorado Subdivision). This will be the
second addendum/modification to this DA.
A provision(#5.1.6)of the original DA limits uses within the overall Dorado Subdivision to
restaurant,retail,hotel,banks and office uses. The applicant proposes to amend this provision to
include residential care facilities as an allowed use. Per UDC Table 11-2B-2, residential care facilities
are listed as a conditional use in the C-G zoning district and are subject to the specific use standards
listed in UDC 11-4-3-29. Approval of the proposed modification to the DA will allow the Applicant
to submit a conditional use permit application for the proposed use and proceed forward with
development if approved.
Single-family residential uses exist to the north of this site and across S. Loder Pl. to the west in
Overland Way subdivision.Due to the residential nature of the proposed use, Staff is of the opinion it
would be an appropriate use adjacent to existing residential uses. Therefore, Staff is supportive of the
proposed amendment to provision#5.1.6 of the DA,as follows: "Allowed uses are restaurant, retail,
hotel,banks,and-office,and residential care facilities."
V. DECISION
A. Staff
Staff recommends approval of the modification to the DA with the change noted above in Section
IV.
C. The Meridian City Council heard this item on August 9. 2022. At the public hearing,the Council
moved to approve the subject MDA request,
1. Summary of the City Council public hearing
a. In favor: Jeff Hatch
b. In opposition: None
Commenting: None
d. Written testimony: Jeff Hatch
e. Staff presenting application: Sonya Allen
f Other Staff commenting on application: None
2. Key issuefs)of public testimony;
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
a. None