Z - MDA Addendum to DA ADA COUNTY RECORDER Trent Tripple 2023-025443
BOISE IDAHO Pgs=12 VICTORIA BAILEY 05/03/2023 08:04 AM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Boise Valley Land Holdings, LLC, Owner/Developer
3. Prescott Ridge Properties, LLC, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 2nd day of May
2023, ("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 Boise Valley Land
Holdings, LLC ("OWNER/DEVELOPER"), whose address is PO Box 550, Meridian, Idaho, 83680 and
Prescott Ridge Properties, LLC ("OWNER/DEVELOPER"), whose address is 701 S. Allen Street,
Suite 104, Meridian ID, 83642.
RECITALS
A. OWNER/DEVELOPER has submitted an application for a Modification to the
existing Development Agreement recorded September 8, 2021 as Instrument 92021-132713 in Ada
County Records for the purpose of updating the phasing plan. 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 92021-132713, except as amended as follows:
a. Update the phasing plan as described in attached Exhibit A, Sections IV and VLB.
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 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 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.
MODIFICATION TO DEVELOPMENT AGREEMENT—PRESCOTT RIDGE RESIDENTIAL H-2022-0058 Page I of 4
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.
[End of text. Acknowledgements, signatures, and Exhibit A follow.]
MODIFICATION TO DEVELOPMENT AGREEMENT—PRESCOTT RIDGE RESIDENTIAL H-2022-0058 Page 2 of 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it
effective as hereinabove provided.
OWNER/DEVELOPER: OWNER/DEVELOPER:
Boise Valley Land Holdings, LLC Prescott Ridge Properties, LLC
By: By:
Its: Its:
STATE OF IDAHO }
}ss.
County of Ada }
On this�day ofhKo,� ,2023,before me,the undersigned, a Notary Public in and for said
State,personally appeared —' Clnes4 1 ' , known or identified to me to be the
of Boise Valley Land Holdings,LLC and the person who signed above and acknowledged tome that they execu d 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.
(SEAL) 'otary P tblic
MARCEY R KIEBERT My coission expi s:
COMMISSION#60131
NOTARY PUBLIC
STATE OF IDAHO MARCEY R KIEBERT
STATE OF IDAHO } Residing in: Middleton, ID
}s5. Commission Expires; 08/16/2024
County of Ada }
On this day of 2023,before me,the undersigned,a Notary Public in and for said
State,personally appeared ,known or identified to me to be the
of Prescott Ridge Properties,LLC and the person who signed above and acknowledged to me that they 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.
(SEAT.,) Notary Public
My commission expires:
MODIFICATION TO DEVELOPMENT AGREEMENT—PRESCOTT RIDGE RESIDENTIAL H-2022-0058 Page 3 of 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it
effective as hereinabove provided.
OWNER/DEVELOPER: OWNER/DEVELOPER:
Boise Valley Land Holdings,LLC Prescott Ridge Properties, LLC
�AU)jilsAlz
By: By:,,w, /d,6r11 Ak*,kLh
Its: Its: ia�-i �� ��
STATE OF IDAHO )
ss.
County of Ada )
On this day of , 2023,before me,the undersigned,a Notary Public in and for said
State,personally appeared ,known or identified to me to be the
of Boise Valley Land Holdings,LLC and the person who signed above and acknowledged to me that they 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.
(S Erb L) Notary Public
My commission expires:
STATE OF IDAHO )
ss.
County of Ada )
On this day of ilayle, ,2023, before me,the undersigned,a Notary Public in and f r said
State,personally appeared ,known or identified to me to be the
of Prescott Ridge Properties,LLC and the person who signed above and acknowledged to me that they 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.
(SF;AL,) NotaryPubli � �
My commission expires:
PENNY SP,�iTFI
COMMSS?ON*23655
NiOTYPUBLIC
V�
MODIFICATION TO DEVELOPMENT AGREEMENT-PRESCOTTL
Pag of 4
t3, 6/2025
CITY OF MERIDIAN ATTEST:
By:
5-2-2023 Mayor Robert E. Simison 5-2-2023 Chris Johnson, City Clerk
STATE OF IDAHO )
ss
County of Ada )
On this 2nd day of May 2023,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.
Notary Public for Idaho
My commission expires: 3-28-2028
MODIFICATION TO DEVELOPMENT AGREEMENT—PRESCOTT RIDGE RESIDENTIAL H-2022-0058 Page 4 of 4
EXHIBIT A
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW (:>WEI, ,..
AND DECISION& ORDER ,
In the Matter of the Request for Modification to the Existing Development Agreement(Inst.2021-
132713)for the Residential Portion of Prescott Ridge Subdivision to Update the Phasing Plan,by
Providence Properties,LLC.
Case No(s). H-2022-0058
For the City Council Hearing Date of: September 27,2022(Findings on October 11, 2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of September 27, 2022,incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of September 27, 2022, incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of September 27,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 27, 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 PRESCOTT RIDGE RESIDENTIAL MDA H-2022-0058
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 27, 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 September 27, 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 §67-652 1(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 September 27, 2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR PRESCOTT RIDGE RESIDENTIAL MDA H-2022-0058
By action of the City Council at its regular meeting held on the 11 th day of October
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
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 Robert S' ison 10-11-2022
Attest: p
� SEAL
Chris Johugon 1 -���� -2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By ` Dated:
10-11-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR PRESCOTT RIDGE RESIDENTIAL MDA H-2022-0058
STAFF REPORT E IDIAN---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING November 15,2022 Legend Y
DATE:
Project Loco bon 0
R RV� R.y
TO: Mayor&City Council
1
FROAM: Sonya Allen,Associate Planner R-8 R� `ga
208-884-5533 -
SUBJECT: H-2022-0058 yTT R-8'
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Prescott Ridge Residential RUT R
R. R=
LOCATION: East of N. McDermott Rd., R.
approximately 1/4 mile south of W. R?8 k*6
i
Chinden Blvd. in the north 1/2 of
A R.8
Section 28,TAN.,RAW4y'" R 4= '` ® R=B
RUT
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This project was heard by City Council on September 27, 2022 and approved. When preparing the
amended DA, it came to the attention of the City Attorney's office that the address used in the public
hearing notice was incorrect. Therefore, this item is required to be re-noticed and re-heard by the City
Council in order to remedy the noticing error.
L PROJECT DESCRIPTION
Modification to the existing Development Agreement(Inst. 2021-132713) for the residential portion
of Prescott Ridge Subdivision to update the phasing plan.
IL SUMMARY OF REPORT
A. Applicant:
Patrick Connor,Providence Properties,LLC—701 S.Allen St., Ste. 104,Meridian,ID 83642
B. Owners:
Lionwood Properties,LLC— 1513 E. Rivers End Ct.,Eagle,ID 83616
Providence Properties,LLC—701 S.Allen St., Ste. 104,Meridian, ID 83642
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Notification published in
9/11/2022& 10/30/2022
newspaper
Notification mailed to property
owners within 300 feet 9/8/2022 & 10/27/2022
Applicant posted public hearing
9/13/2022& 10/27/2022
notice on site
Nextdoor posting 9/8/2022 & 10/28/2022
IV. STAFF ANALYSIS
The Applicant proposes to modify the existing Development Agreement(Inst. 2021-132713) for the
residential portion of Prescott Ridge Subdivision to update the phasing plan for the development. See
existing phase plan and proposed phasing plan in Section VI.
Since the time of annexation,the phasing plan for the overall development has changed. The northern
15-acre medical campus portion of the site was shown on the phasing plan as Phase I in order to
create a"legal lot"to convey to the purchaser of that property. Acquiring the out-parcel at the
northeast corner of the medical campus enabled the Applicant to do a property boundary adjustment
to create a legal lot for development purposes to convey to the new owner so that they can develop
their site separately at their own timing. The proposed modification will remove the medical campus
from the phasing plan of the residential development.
Other changes to the phasing plan include the following: 1)Phase 1 was expanded to include the
location of the pressurized irrigation pump house; 2)the large green space in the center of the
development is now part of Phase 3 instead of Phase 6,which will allow the large park and associated
amenities to develop sooner; and 3)the updated phasing plan shows larger phases overall to expediate
the development process. Phase 1 still includes construction of the collector street(Rustic Oak)from
Chinden Blvd. to the southern boundary of the property which is important for emergency access.
No changes to the text of the development agreement are proposed.
V. DECISION
A. Staff:
Staff recommends approval of the proposed modification to the DA with the change to the phasing
plan described above as shown in Section VLB.
B. The Meridian City Council heard this item on 9/27/22 and 11/15/22.At the public hearing_the
Council moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Patrick Connor_Applicant's Representative
b. In opposition:None
C. Commenting:None
d. Written testimony: Patrick Connor_Applicant's Representative
C. Staff presenting application: Sonya Allen_Bill Parsons
f. Other Staff commenting on application:None
2. Key issue(s)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
V1. Exhibits
A. Existing Phasing Plan
PHASE BUILDABLE
Lo TS
1 65
2 44
3 41
4 43
5 41
6 37
PHASE 1 7 .39
4
TOTAL
BUILDABLE 370
LOTS
PH SE PHAS
lam
PHASE 3 �1 OF 1
L LF7 - -M
PHASE 1
Pkn Scahe,I"=3M'
B. Proposed Phasing Plan
s'va e L
.. ion ForsOS
/ — t 107 7
2 7,
7s of
' a 5] S 3
S a6 1 2
6 to +
rork 4
" 1 eO,wo�ac zv sa N j
I - - O 1 �$
1 Cv
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