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Z - Development Agreement (2022-088909) ADA COUNTY RECORDER Phil McGrane 2022-088909 BOISE IDAHO Pgs=19 VICTORIA BAILEY 10/26/2022 10:42 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. 55 Resort at Verona Place,LLC;NWDC Ten Mile LLC;B&S Investments LLC; TFC Ten Mile Mister LLC; East Idaho Credit Union; SGRS LLC; J4K Property Holdings,LLC,OWNERS/DEVELOPERS THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 25th day of October 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 55 Resort at Verona Place,LLC,whose address is 105 Decker Court,Ste.460,Irving,TX 75062; and NWDC Ten Mile LLC,whose address is 1980 S. Meridian Rd., Ste. 140, Meridian, ID 83642;B&S Investments LLC,whose address is 1980 S.Meridian Rd.,Ste. 140,Meridian,ID 83642; and TFC Ten Mile Mister LLC,whose address is 6770 South 900 East, Ste. 300, Salt Lake City,UT 84047; East Idaho Credit Union, whose address is 865 S. Woodruff Ave., Idaho Falls, ID 83401; SGRS LLC,whose address is 482 Enchantment St.,Eagle,ID 83616; and J4KProperty Holdings, LLC,whose address is 1568 E. 17'h Street,Idaho Falls,ID 83404,hereinafter collectively referred to as OWNERS/DEVELOPERS. RECITALS A. OWNERS/DEVELOPERS have submitted an application for a Modification to the Development Agreement recorded April 9,2020 in Ada County Records as InstrumentNo.2020- 040967 (Ten Mile and McMillan DA) for the purpose of amending a DA provision regarding cross access between the commercial properties and the senior living property on the properties listed in Exhibit"A." B. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"B." C. CITY and OWNERS/DEVELOPERS now desire to amend said Development Agreements,which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW,THEREFORE,in consideration ofthe covenants and conditions set forth herein, the parties agree as follows: I. OWNERS/DEVELOPERS shall be bound by the terms of the Development Agreement known as Ten Mile and McMillan (H-2019-0126) (Inst.#2020-040967), except as specifically amended as follows: That section 5.1.c of the Development Agreement recorded April 9, 2020 as Instrument #2020-040967 shall be modified as follows: "An easement agreement shall be recorded ADDENDUM TO DEVELOPMENT AGREEMENT-H-2022-0011—TEN MILE AND MCM1LLAN-MDA Page 1 of 6 granting cross-access/cross parking to all lots in the development, excluding that real propertLlegally described in Exhibit C to the DevelopmentAQreement,which was approved as McMillan Independent Senior Living Facility(H-2020-0004)and is located at 4923 N. Cortona Way(the "Excluded Property") but including the parcel at the southwest corner of this site that is not subject to this agreement. A recorded copy of said easement agreement shall be submitted to the Planning Division RL&or to issuance of the first Certificate of Zoning Compliance application for the site. " 2. That Owners/Developers agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owners/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 Owners/Developers of the Property,each subsequent owner/developer 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/developer or owners/developers shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developers, to execute appropriate and recordable evidence of termination of this Addendum if City,in its sole and reasonable discretion,had determined that Owners/Developers 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 Owners/Developers 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 Owners/Developers 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 Agreement(s)shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT-H-2022-0011—TEN MILE AND MCMILLAN-MDA Page 2 of 6 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: 55 Resort at Verona Place, LLC r 1 (print name��►��C�(��\) ��Dijl 1 i �f(1"F" �GJ % CC�� ue(gilk ���1(V��I-�nd N.-� JlAt� 1C�l✓ 1 ) ,) oo STATE OF IDA-HO ) ss. County ofsA2 ) LAl'1111f►' On this �l'day of "� "m�x 2022, before me,the Undersigned,a Notary Public P and for►, said State,personally appeared_ h l'I(I known or identified to me to be the ` rl.L 55 Resort at Verona Place, LLC,the pe son who executed the instrument on behalf of said entity. -4Er456n E"l.ttd�- (114tiftr'eYnPn� C!G+} IN WITNESS WHEREOF, I have hereunto set my hand and affixed y official eal the day and year in this certificate first above written. ERIN M GARCIA NOTARY PUBLIC �� I AN COLORADO Notary C for 4 1 A ID 20064039571 M commission expires. MY COMMISSION EXPIRES SEPTEMBER 28,2022 y p OWNER/DEVELOPER: NWDC Ten Mile LLC By(print name): STATE OF IDAHO ) ) ss. County of Ada ) On this 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 of NWDC Ten Mile LLC, the person who executed the instrument on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho My commission expires: ADDENDUM TO DEVELOPMENT AGREEMENT-1-1-2022-0011—TEN MIL:AND MCMIL"AN-MDA I'm 3 or6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: 55 Resort at Verona Place, LLC By(print name): STATE OF IDAI-10 ) )ss. County of Ada ) On this day of 2022,before me,the undersigned,a Notary Public in and for said State,personally appeared known or identified tome to be the of 55 Resort at Verona Place, LLC, the person who executed the instrument on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho My commission expires: OWNER/DEVELOPER: NWDC Ten Mile LLC By(print name): STATE OF IDAI-10 ) ss. County of Ada ) On this 1Q:"day of t�, � ,2022, before me, the Undersigned,a Notary Public in and for said State,personally appeared known or identified to me to be the of NWDC Ten Mile LLC, the person who executed the instrument on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. REBECCA NIERODZINSKI ' COMMISSION#49872 /�4r--- (SAT T PI Notary Public Idaho (- STATEE O OF IDAHDAHO My commission expires:` +I �� MY COMMISSION EXPIRES 04/22/2027 ADDENDUM TO DEVELOPMENT AGREEMENT-I-1-2022-001 1 —TFN MiLe AND MCMiLLAN-MDA Page 3 of 6 OWNER/DEVELOPER: B&S Investments LLC �y (print name): STATE OF IDAI-10 ) ss. County of Ada ) On this— X da of kx 2022, before me, the Undersigned,a Notary Public in and for said State,personally appeared TY'o,,,3 SS&�=, � known or identified to me to be the. y\N-0,1,-,,,iy Qom_ of B&S Investments LLC, the person who executed the instrument on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. REBECCA NIERODZINSKI COMMISSION#49872 NOVA W. PUBLIC Notary Public for Idaho j STATE OF IDAHO My commission expires: MY COMMISSION EXPIRES 04/22/2027 OWNER/DEVELOPER: TFC Ten Mile Mister LLC By(print name): STATE OF IDAHO ) ss. County of Ada ) On this day of 12022,before me,the undersigned,a Notary Public in and for said State, personally appeared known or identified to me to be the of TFC Ten Mile Mister LLC,the person who executed the instrument on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL.) Notary Public for Idaho My commission expires: ADDENDUM TO DEVELOPMENT AGREEMENT-I 1-2022-001 1 —'FEN MILE AND MCMILLAN-MDA Paged ol'G OWNER/DEVELOPER: B&S Investments LLC By(print name): STATE OF IDAHO ) )ss. County of Ada ) On this 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 of B&S Investments LLC,the person who executed the instrument on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho My commission expires: OWNER/DEVELOPER: TFC Ten Mile Mister LLC V By(print name): VT h b4 STATE 01749A4-19 ) ss. County of.4,4tt ) On this%["°rday of_A�-�`i�hr_ 2022,before me,the undersigned,a Notary Public in and for said State,personally appeared�Ettwt� rr%:h_ known or identified to me to be the_ �ar-^-,O� ofTFC Ten Mile Mister LLC,the person who executed the instrument on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) votary Peb ►c fo►AdMia Utf-^ - - - - - - - - - �*/�v ,e_NotaryPublic-StateofUteh y commission expires:_1,/ 4 /2oa5 C� r " �°K�p►MY GALBRAITH r �f . Comm. #718713 s My Commission Expires June 4.2025 ADDENDUM TO DEVELOPMENT AGREEMENT-1-1-2022-001 l -TEN MILE AND MCMiu.AN-MDA Page 4 ot'G OWNER/DEVELOPER: East Idaho Credit Union By(print name): pgNti lU 'Tt4QQMNN STATE OF IDAI-10 ) )ss. County of Ada ) On this .2(4;"-day of SlEf7rCMBER 2022,before me,the Undersigned, a Notary Public in and for said State,personally appeared'DAMR. -b4QZmRpJ known or identified to me to be the FeFc'VC*J '? CEO of East Idaho Credit Union,the person who executed the instrument on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. C. �CQ''••o3iotiza•eF•p� - �e •'•�e� Notary Public for Idaho %6� )AR Y ��� '� My commission expires:_°3.oz. 2028 \G i •':c+q 6L 92 q;,z tom OWNS R: SGRS LLC By(print name): STATE OF IDAI-10 ) ss. County of Ada ) On this 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 of SGRS LLC, the person who executed the instrument on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public f'or Idaho My commission expires: ADDENDUM TO DEVI3LOPMI3N'I'AGRI--I--MEN'I'-1-1-2022-001 1—TEN Mu.r_AND MCMILLAN-MDA Page 5 ol'G OWNER/DEVELOPER: East Idaho Credit Union By(print name): STATE OF IDAHO ) )ss. County of Ada ) On this 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 of East Idaho Credit Union, the person who executed the instrument on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho My commission expires: OWNER/DEVELOPER: SGRS LLLC By(print name): STATE OF IDAHO ) )ss. County of Ada ) On this day of 2022,before me,the undersigned,a Notary Public in and for said State,personally appeared known or identified tome to be the! 0 of SGRS LLC,the person who executed the instrument on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SAY/ (SEAL) .-TARP � � Notary Z�_ My commission 4fN0.2��'Q'r: ADDENDUM TO DEVELOPMEN i�AWEMENT-H-2022-0011—TEN MILE AND MCMILLAN-MDA Page 5 of 6 OWNER/DEVELOPER: J4K Property Holdings, LLC By(print nam STATE OF IDAI-10 ) 6WCVtQf )ss. County ofA-d- ) On this ZO day of 5Zj011V7A 2022, before me,the undersigned,a Notary Public in and for said State,personally appeared Lom Wknown or identified to me to be the of .14K Property Holdings, LLC,the person who executed the instrument on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above v��jtten. ,X11MI nigp,tr t�C?T �� A:� R( Notary Publi o r Idaho Mycommissionexpires: lD-D(v=242Z 4 It)/itfol»►� CITY OF MERIDIAN Attest: By Brad Hoaglun, Council President Chris Johnson, City Clerk 10-25-20022 10-25-2022 STATE OF IDAHO ) ss: County of Ada ) On this 25th day of October, 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared Brad Hoaglun and Chris Johnson, known to me to be the Council President and City Clerk respectively, of the City of Meridian, and who executed this within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set me had and official seal the day and year first above written. NOTARY PUBLIC FOR THE STATE OF IDAHO RESIDING AT: Meridian, Idaho MY COMMISSION EXPIRES: 3-28-2028 Page 6 o('G EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows: Lots 5 through it and Lots 13 and 14,all In Block 12 of the Amended Plat of VERONA SUBDIVISION NO. 4,according to the plat thereof, filed in Book 102 of Plats at Pages 13476 and 13477, Records of Ada CoUntYF Idaho. ANEHKO FIAT OF VERONA SUBDIVISION NO. 4 A RESUODMSION OF LOTS 1, 1. 35. AND 36, OLOCK 10 AND 12.VERONA SUOOWISION NO.2 ALONG WITH A PARCEL Oil ti>[R 1 OF LAND LOCATED IN THE SW Y OF SECTION 26 TOWNSHIP A WORTH, RANGE 1 WEST, tyy/lIIILII� BOISE MEIOOL". CITY Of WERIODUI,ADA COUNTY. IDAHO n ! > zo6e LECOM ( ,Q ue .c>•.w,_w.n ! . rn,o 1�.�.ciRpw • Lill GV,nnt(1i MS'a's iflflR F,{i i <t .......,ry.m, •••'• Ml ST YtA•O fAM �fy�. • i J!R,Nu./0.S,ir1(V InwO t . 10.'w --»ler-- � -•-!t._.,. V --•.� ' to w.ewr7luu `�,o I C> �•7,,,_ `y... 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Of a<r.e. _ � f►r,l,r 7 { YI Y• 1 M.. l!1 - nJt Jn i/uat 1uYlt1 nt7: !{(tC'O.CGMCR tKSt WCV%LM WOAD Y{tX1it lyj µ•——— FF'' nq 1f17L H'Y ttG'LNe INOf4e<• 4 I TieTA•}•Y ���.• NOTES r> �vlr'a�iRm"wO'! iW 0eW.W e �.s Rwbarf.:vn<e6.,Gvl 9.�.yli\ �•«�rqW Jh ul 1W1*—Ii w�,uY1MW O W •1 ry" I.t.wl1.W,N.wlliL�lLniL YIOY tU ui li,ll.Y.QU'w nn.n y RM.Y V[RiQlaia,p P Yl l ID.q l.Ss..4,wp ltar lr tl, .,MI\Yltl l\11fiW lnllf,IMM YwIWt A.01W,b 1..nlR.t �.�,p.f,q, «,r:p�p.plyy,. 1•t M n>.lp4 .ufnl N•1 l .,��.[rPn a N ter.. v N�iN�.�nY Nii,WMM1Ilq,uw<4R,•veP.,,r ew.u•r�n.e•utae,w41 M» U�lH4 u ..UU .A a.<W f...1 v lei it ,� • N JOB.Mwr.M v,Y wv // ! ��t,•���b��l'�,:.L3"�."ai.�..'Sk.'I.�' d�.e:,;r�Le., ��;boa�;KWn;:;�r::<:In�.;�,w��:.�.mq..\ !•• r ,,11yyuu!v 1r1..•"ri y"�. I 'w�w°n,.uw weiw va piu,u wow.nwq .Mgi.}wl�uwo�.<�am1 n e.To,'ai w e«w:T'.1e�..a`..°.QR«„".sr',.w4' K•A•+8 gt�lq UtU.UI MO.,.»Y MIq.,W. 4„ .I..n.w4RT�,l/(Jt i,`mtwiu,tim\.ou«n>�...°r"w��`••q ! M 4ep v U[..et•vmr wn/.lYI w„•Y4A.,v OfJ.w rn.n.aT>,et ■. ■NQuadranl 1..4M•,tcw e.r,•el.e..wevUM»,HrV.e 0� .1,wl t/.J.v IP\!■«I a.Ev,o Ia'.iy�lrt,;:.tib w:oa..,.,!w.,,w C o n s u t n g n e I'n leaY'v»lw, MM �.o i s Rti ii v�'ipu<..'Y�,.a .r" wfrrr.r�r, !>e Me efRi f>R W Rgl.l EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAy AND DECISION& ORDER In the Matter of the Request to modify the existing Development Agreement of the Ten Mile and McMillan development(Inst.#2020-040967)for the purpose of amending a DA provision regarding cross access between the commercial properties and the senior living property,by Anne Kunkel,Varin Thomas,LLC. Case No(s). H-2022-0011 For the City Council Hearing Date of: June 14, 2022 (Findings on June 28,2022) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 14,2022, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 14, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report f'or the hearing date of June 14, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 14, 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(Ten Mile&McMillan MDA—FILE#H-2022-0011) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 14,2022, 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 Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 14, 2022, 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 11- 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 11-5B-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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ten Mile&McMillan MDA—FILE#H-2022-0011) -2- 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 City Code Title 11(UDC 11-513-617). 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 § 67-6521(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 14, 2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ten Mile&McMillan MDA—FILE#H-2022-0011) -3- By action of the City Council at its regular meeting held on the 28th day of June 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER TREG BERNT VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robe" . Simison 6-28-2022 Attest: ;Ipol SFAL Chris Johnso 6-28-20 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. CkI0,64- W, By: Dated: 6-28-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ten Mile&McMillan MDA—FILE#H-2022-0011) -4- STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING 6/14/2022 Legend W > DATE: � 0 Project Location TO: Mayor& City Council '�1Tj C-C1 R-8 FROM: Joseph Dodson, Associate Planner ; 208-884-5533 L-0111 ��' a1x,R-8' SUBJECT: H-2022-0011 R-15 - C-G /1. `O C-C R-15 Ten Mile and McMillan MDA RUT L-01 R-4 R-4 LOCATION: Project is located at the northeast corner .,7 ..,r �_ - R-8. of N. Ten Mile Road and W. McMillan 8 C-N Road encompassing nine(9) parcels,in the SW 1/4 of the SW 1/4 of Section 26, L-O I i} RUT Township 4N, Range I W. R-2 R 4 �I� �� RUT, L-OBI L-O ;,rr1C ink.A'7 1. PROJECT DESCRIPTION Request to modify the existing Development Agreement of the Ten Mile and McMillan development (Inst.4 2020-040967) for the purpose of amending a DA provision regarding cross access between the commercial properties and the senior living property. 11. APPLICANT INFORMATION A. Applicant: Anne Kunkel, Varin Thomas,LLC—242 North 8"'Street, Ste,220, Boise, ID 83702 B. Owners: See multiple affidavits of legal interest in public record for all owners that are part of the Development Agreement. Senior Living Owner: 55 Resort at Verona Place, LLC— 105 Decker Court, Ste.460, Irving,TX 75062 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in 5/29/2022 newspaper Radius notice mailed to properties within 500 feet 5/26/2022 Public hearing notice sign posted 6/3/2022 NextDoor Posting 5/25/2022 IV. STAFF ANALYSIS History The subject application encompasses nine(9)parcels surrounding the northeast corner of N.Ten Mile Road and W.McMillan Road.These parcels were part of a Development Agreement Modification in 2020 and were removed from an existing Development Agreement(DA)for the purpose of entering into a new DA with a new conceptual plan and building elevations(H-2019-0126,DA Inst. #2020- 040967)to show a future independent senior living facility.The largest property of the nine parcels received conditional use permit(CUP)approval for the independent senior living facility in 2020(H- 2020-0004),consistent with the new concept plan and elevations. Development Agreement Modification The approved DA(Inst. #2020-040967) includes a provision that requires the senior living parcel and the commercial parcels to provide cross-access and cross-parking.The inclusion of this provision is standard for commercial properties but should have excluded the senior living property as the City does not want cut-through traffic or shared parking between the commercial properties and the senior living project. Further,the existing approvals required a commercial drive-aisle along the rear of each commercial building lot which provides for the required cross-access—this drive aisle has been constructed per the previous approvals. The Applicant is therefore requesting the following modification to provision 5.1.c: "An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the development,excluding that real property legally described on Exhibit C to the Development Agreement,which shall be developed as multi-family development restricted to seniors,age 55 and older(the"Excluded Property),but including the parcel at the southwest corner of this site that is not subject to this agreement.A recorded copy of said easement agreement..." Staff supports the DA Modification request because of the shared drive-aisle,the fact the senior living facility will stand on its own in terms of access and parking,and a desire for the City to limit cut-through traffic between commercial and residential properties.However,Staff does recommend a slight revision to the revised language proposed by the Applicant to make it more clear which property is excluded from this provision and remove redundant language found within an existing provision: "An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the development,excluding that real property legally described in Exhibit C to the Development Agreement, which was approved as McMillan Independent Senior LivingFacility acility(H-2020-0004)and is located at 4923 N.Cortona Way(the"Excluded Property), but including the parcel at the southwest corner of this site that is not subject to this agreement.A recorded copy of said easement agreement..." V. DECISION A. Staff: Staff recommends approval of the proposed MDA per the modified provision in Section VI.B. IL The Meridian_ itv Council heard theme i em Qn June_14.20-22..At.the_ ublic_h_earine._the.CounciI moved_t4_apnrove_the_subleet_Develo me-.Agreement Modification-request. I. ummarx_oftheCityC4unciI_pu�ic_hearin a. In fay r: Anne Kunkel Applicant Legal$e.anesentative b- In opposition:None c. Commenting:_Anne_Kunkel. T Written testimony:.None e, Staffer n ine annlieatiQn:Jo senh_Dodsonr Associate-Planner f Qther Staff c�mmentin_ Qn.applicati4n:.None 2. Key issuels)of public testimony: a. None 3 Key issuetsl_of discussion by__ity.C2un61: a. None 4. City CQunQil change(_ Staff.recQmmendalig a. Include StafFs recommended DA lanunge in_1 ieu.of App_l ieant5,P-rQpQsed languap. V1. EXHIBITS A. Existing DA Provisions 5• CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the .Property in accordance with the following special conditions: a. future development of this site shall substantially comply with the conceptual development plan and building elevations contained in Exhibit A of the Staff Repert that is attached to the Findings of Fact and Conclusions of Law, attached hereto as Exhibit «B» b. Development of the subject property (i.e. site design and building design) is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. c. An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the development,including the parcel at the southwest corner of this site that is not subject to this agreement. A recorded copy of said easement agreement shall be submitted to the Planning Division prior to issuance of the first Certificate of Zoning Compliance application for the site. d. The age of the residents living in the multi-family development shall be restricted to seniors, age 55 and older. DEVELOPMENT AGREEMENT—TEN MILFANI)MCMILLAN(H-2019-0126) PAGE 3 oP 8 B. Proposed Revisions to the existing Development Agreement Provision 5.l.c: Applicant's request: "An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the development, excluding that real property legally described on Exhibit C to the Development Agreement.which shall be developed as multi-family development restricted to seniors,ape 55 and older(the"Excluded Property").but including the parcel at the southwest corner of this site that is not subject to this agreement.A recorded copy of said easement agreement..." Staff's recommended language: "An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the development,excluding that real property legally described in Exhibit C to the Development A reg ement,which was approved as McMillan Independent Senior Living Facility(H-2020-0004) and is located at 4923 N. Cortona Way(the"Excluded Property"),but including the parcel at the southwest corner of this site that is not subject to this agreement. A recorded copy of said easement agreement..." C. Noted"Exhibit C,Excluded Property" from revised DA provision: Parcel"A" A parcel of Land located in a portion of Block 12 of the Amended Plat of Veneta Subdivision No.4,as the some Is shown on the official plat thereof,filed in Book 102 of Plats at Page 13476,Ada County Records,and shown as Parcel A on Record of Survey No.12081,recorded November 6,2019,as Instrument No.2019-110665,being situate in the Southwest quarter of Section 26,Township 4 North,Range 1 West,Boise Meridian,City of Meridian,Ada Caurty,Idaho,being more particularly described as follows: Commencing at the Southwest comer of said Section 26(tram which the South quarter comer of said Section 26 gears South 88'S8'S2'East,2602.82 feet distant);thence North 00021'16'East,848.02 feet on the West Section tine of said Section 26;thence Leaving said West section One,South 88.58'5r East,30.00 feet to the Northwest comer of said Amended Plat of Verona SubdMaim No.4,said point being common with the Easterly right-of-way of North Ten Mile Road and the Southerly right-of-way of West Milano Drive;thence South 88'58'S2'East.296.55 feet on the Northerly boundary One of said Amended Plat of Verona Subdivision No.4,said paint being the POINT OF BEGINNING;thence The following eight(8)courses and distances on the Northerly and Easterly boundary One of said Amended Plat of Veneta Subdivision No.4: South 88.5952'East,74.70 feet;thence South 82'03'54'East.321.73 feet to a point of curvature;thence 220.09 feet on the arc of a are to the right,having a radius of 153.00 feet,a central angle of 82'2514',and a long chord bearing South 40'S1'19'East,201.60 feet;thence South 00'21'16'West,60.32 feet;thence South 00024113'East,151.75 feet;thence South 00021'16"West,60.17 feet;thence North 89135`Sr East,117.34 feet to a pond of curvature;thence 107.98 feet on the arc of a curve to the right,having a radius of 273.00 feet,a central angle of 22'3743',and a long chord bowing South 20'S3'46'East,107.28 feet thence Leaving said Easterly boundary line,North 90'00'00'West,458.40 feet to a point of cuvature;thence 43.98 feet an the arc of a curve to the right,having a radius of 84.00 feet,a central angle of 29'59154',and a long chard bearing North 7S00'03'West,43.48 feet;thence North 6011"S'West,66.00 feet to a point of curvature;thence 58.68 feet on the arc of a curve to the left,having a radius of 116.00 feet,a central angle of 28.59'04',and a long chard bowing North 74.29'38'West,58.06 feet thence North 88.59'10'West,48.40 feet to a Point of Curvature;thence 29.49 feet on the arc of a curve to the right,having a radius of 19.00 feet,a central angle of 88.55'10',and a long chard bearing North 44'31W West,26.62 feet thence North 00104VW West,490.25 feet to the POINT OF BEGINNING. EXHIBIT C Parcel"A" A parcel of land located in a portion of Block 12 of the Amushded Plat of Verona SuDdiviBlon No.4.as the some Is shorn on the otRdat plat thereof.flied to Book 102 of Plata at Page 13476.Ada County Reco ds,and sham as Parcel A on Record of Survey No.12061.recorded November 6.2019.as Instrument No.2019-110M.being oft-a to the Soutnrass quarter of Section 26.T ,Range 1 West,Boise M&Wan.City of Meddian.Ada Canty.Idaho,being more paRlcA"described as follows: Commencing at the Southryest comer of said Section 26(tram which the South quartets comer of said Section 26 bears South 880SSW East,2602.82 feet distant$Vence North 00*21160 East.848.02 feet on the West Section fine of said Section 26.thence Leaving said West section fine.South 88'S8`SY East.30.00 feet to the Northwest homer of said Amended Plat of Verona Subdivisloh No.4.sold point being common with the Easterry rtght.otmey viHNorth Tar We Road-end-tfine-S ulw0i right of way of West Mftno Wive;thence South 8895OW East,296.SS feet an tee NorV erty bortdary fine of said Amended Pict of Verona Subdivision Na 4.said point being the POINT OF BEGINNING;thence The fbiln"eight(8)courses and diatwwAs on the Northerly,and Eastaity boundary he of said Amended Plat of Verona Subdivision No.4: South 88'SWSY East,74.70 feet:thence South 82'03`S4•East.321.73 feet to a point of curvature;thence 220.09 feet on the arc of a cove to the right,having a radian of 153.00 feet.a antral angle of 8202514%and a long chard bowing South 408S1'19 EaK 201.60 feet;thence South 0MV16"West,60.32 feet;thence South 000241W East.1S1.7S Let thence South 00621'16'West,60.17 feet;thence NoM 89035'Sr East 117.34 feet to a point of curvature;thence 107.98 feet on the we of a curve to the right.having a radhe of 273.00 feet,a antral anoe of 22'39'4r,and a long chord bearing South 20'S3'4r East 10728 That thence Leevbcg said Easterty boundary One.North 90`00W West,458.40 feet to a point of crvahM thence 4328 feet on the arc of a curve to the right.having a radius of 84.00 feet.a antral angle of 2905954'.and a long chord beefing NoM 7S"0003'West,43.48 feet;thence NoM 60'OOW West,86.00 feet to a point of curvature;thence 58.68 feet on the arc of a cove to the teR,having a mdlua of 116.00 feet,a antral angle of 2605904•.and a locg chord Deming NoM 74-nW West,58.06 feet;thence NoM 684S9'10'West 48.40 feet to a Point of Cumehoe;thence 29.49 feet on the arc of a curve to the right having a radius of 19.E feet.a antral angle of WSS'1O'.and a lag chard bearing NoM 44031W West.26.62 fee(thence NoM 00.04VV West,490.25 feet to the POINT OF BEGINNING.