Z - MDA ADA COUNTY RECORDER Trent Tripple 2024-000212
BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 01/03/2024 08:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. LH Development, LLC, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 2nd day of
January 20 24 ("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 LH Development, LLC ("OWNER/DEVELOPER"), whose address is P.O.
Box 344, Meridian, ID, 83646.
RECITALS
A. OWNER/DEVELOPER has submitted an application for a Modification
to the Development Agreement recorded August 19, 2020 as Instrument 92020-106343 in Ada
County Records) for the purpose of updating the concept plan and relevant provisions associated
with the development of phase 4. 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 92020-106343, except as specifically amended as follows:
a. Future development of this site shall be generally consistent with the
preliminary plat, landscape plan, updated phase 4 concept plan, and
conceptual building elevations included in Section VII and the provisions
contained herein.
b. The I0-foot multi-use pathway shall be constructed with Phase I of the
development, except for that area located in the proposed future multi-
family or Townhome development along the southern edge of the Farr
Lateral, shown as Phase 4.
C. The required secondary access via extension of E. Brace Dr. shall be
constructed with Phase I of the development.
d. Direct lot access to Lake Hazel Road shall be prohibited.
e. No more than 54 and no less than 30 units shall be allowed on the R-40
zoned property. Detailed Conditional Use Permit approval is required prior
to any development on the R-40 zoned area if a multi-family project is
MODIFICATION TO DEVELOPMENT AGREEMENT-H-2022-0017—LAVENDER HEIGHTS MDA Page 1 of 4
proposed consistent with the approved phase 4 concept plan—if a
townhome development is proposed in this area, plat approval is required
prior to any development in the R-40 area.
f. With the sale of all future homes in the Lavender Heights Subdivision, all
sales information shall have language regarding the future multi-family or
Townhome project that will be a part of this development.
g. Per City Council waiver, the Farr Lateral waterway shall remain open in
accord with the standards in UDC 11-3A-6.
h. The required street frontage improvements (sidewalk and landscaping)
along E. Lake Hazel Road shall be constructed with Phase 1 of the
development.
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this Addendum, and the Ordinances of the City of
Meridian as herein provided.
3. This Addendum shall be binding upon and insure to the benefit of the parties' respective
heirs, successors, assigns and personal representatives, including City's corporate authorities and
their successors in office. This Addendum shall be binding on the Owner/Developer of the
Property, each subsequent owner and any other person(s) acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,
except that any sale or 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
MODIFICATION TO DEVELOPMENT AGREEMENT-H-2022-0017—LAVENDER HEIGHTS MDA Page 2 of 4
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.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this Addendum and
made it effective as hereinabove provided.
OWNE ELOPER:
H Dev lopment,LLC
By: Larry Squires
Its:N-0\0�
CITY OF MERIDIAN Attest:
Mayor Robert E. Simison 1-2-2024 Chris Johnson, City Clerk 1-2-2024
STATE OF IDAHO )
)ss.
County of Ada (� )
On this 1 day of 202jbefore me,the undersigned,a Notary Public in and
for said State,personally appeared Lary Squires,known or identified tome to be the Na;La�('v of
LH Development,LLC 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 abovitX014 AN ill
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Notary Public for Idaho
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MODIFICATION TO DEV APMENT AGREEMENT-H-2022-0017-LAVENDER HEIGHTS MDA Page 3 of 4
STATE OF IDAHO )
ss
County of Ada )
On this 2nd day of January 2024,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.
(SEAL)
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2028
MODIFICATION TO DEVELOPMENT AGREEMENT-H-2022-0017—LAVENDER HEIGHTS MDA Page 4 of 4
EXHIBIT A
STAFF REPORT E IDIAN ---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/3/2022 legend
DATE:
E] -,,iect t ocofion
0
TO: Mayor&City Council R-2
R-4
FROM: Joseph Dodson,Associate Planner R-8
R-8
208-884-5533
lost$
SUBJECT: H-2022-0017 R 15
Lavender Heights MDA
K i� i �,u R_ S *_.,,
. .
LOCATION: Site is located at 2160 E. Lake Hazel C C R -� ' ` RUT
Road,at the northeast corner of E. Lake R-8 R-2
Hazel Road and S. Bloomerang Avenue, R-8
in the SE 1/4 of the SW 1/4 of Section R-4 R-8
32,Township 3N,Range l E. RUT R_8
!, RUT —
L PROJECT DESCRIPTION
Request to modify the existing Development Agreement of the Lavender Heights Subdivision(Inst. #
2020-106343) for the purpose of updating the concept plan and relevant provisions associated with
the development of phase 4.
II. APPLICANT INFORMATION
A. Applicant:
Mary Wall,Breckon Land Design—PO Box 44465,Boise,ID 83711
B. Owner:
Taylor Merrill,LH Development,LLC—PO Box 344,Meridian,ID 83646
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper
4/17/2022
Radius notice mailed to
4/18/2022
properties within 500 feet
Public hearing notice sign posted 4/13/2022
NextDoor Posting 4/18/2022
IV. STAFF ANALYSIS
History
In 2020,the property received annexation and subdivision approval to develop a mixed-use
residential development in four(4)phases known as Lavender Heights (H-2020-0009). The first three
phases of development depicted detached single family and the fourth phase depicted a basic concept
for a multi-family project. The subject modification is specific to phase 4 and the multi-family
portion of the development located along the E. Lake Hazel Road frontage. Since the approvals in
2020,the project has received final plat approval for the entire development but no conditional use
permit has not been proposed for the approved multi-family lot.
Development Agreement Modification
The approved Development Agreement(DA) (Inst. 92020-106343)does not include a provision that
ties the DA to the submitted multi-family concept plan but does include specific provisions for the
subject property(Exhibit VLA below). The existing multi-family concept plan depicts a drive aisle
along the northern property boundary adjacent to the Farr Lateral with multiple apartment buildings
along the southern boundary adjacent to Lake Hazel. The Applicant is proposing a new concept plan
for the subject R-40 property that does not comport with the proposed multi-family use nor the
minimum number of units outlined in the DA.
The new concept plan(Exhibit VLB below) depicts a townhome development and a private
street/drive aisle instead of a traditional garden style apartment complex. Further,the submitted
concept plan contemplates 30 residential units instead of the anticipated minimum of 36 units
outlined in DA provision 5.1e. For the overall Lavender Heights development,a loss of six(6)units
does not affect its overall density in any measurable way but this area of the plat was intended to be
the densest area of the development as it is along Lake Hazel and Staff anticipated higher density
along this planned mobility corridor and because it is across from Discovery Park. According to the
Applicant's narrative,the owner has not yet decided if the property will still be a multi-family project
or be subdivided to allow the sale of each unit or groups of units. If the development is a multi-family
or townhome project,a future conditional use permit(CUP)is required in the R-40 district. If the
units are to be sold off individually or in groups,it also requires the applicant to further subdivide the
property.
In summary, Staff supports either option as they would contribute to the housing diversity offered
within this development and the surrounding area. Based on the process outlined above, Staff will
ensure the future multi-family or townhome development complies with the most current UDC
standards in effect at the time of application submittal.
V. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the modified provisions in Section VLC.
B. The Meridian City Council heard these items on May 3. 2022.At the public hearing_ the Council
moved to approve the subject Development Agreement Modification request.
1. Summary of the City Council public hearing:
a. In favor: Jon Breckon_Applicant Representative_ Todd McDermott_ future neighbor-
b. In opposition:None
C. Commenting: Jon Breckon_ Todd McDermott
d. Written testimony: None
C. Staff presenting application: Joseph Dodson,Associate Planner
f Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Support for the proposed change from multi-family to townhomes_
3. key issue(s)of discussion by City Council:
a. Confirmation of future applications required for development-
b. Details surrounding future development in terms of circulation. open space, parking. etc.
4. City Council change(s)to Commission recommendation.
a. None
VI. EXHIBITS
A. Existing Conceptual Development Plan(not specifically tied to the DA)
1,
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B. Proposed Conceptual Development Plan—
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P Pl CF ATIAWF A HTS
C. Proposed Revisions to the existing Development Agreement Provisions
1. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan_undated phase 4 concept plan_ and conceptual building elevations ferne
single fianily dwellings included in Section VII and the provisions contained herein.
2. The 10-foot multi-use pathway shall be constructed with Phase 1 of the development,except
for that area located in the proposed future multi-family or Townhome development along the
southern edge of the Farr Lateral, shown as Phase 4.
3. The required secondary access via extension of E. Brace Dr. shall be constructed with Phase
1 of the development.
4. Direct lot access to Lake Hazel Road shall be prohibited.
5. No more than 54 and no less than�6 30 units shall be allowed on the R-40 zoned property.
Detailed Conditional Use Permit approval is required prior to any development on the R-40
zoned area if a multi-family project is proposed consistent with the approved phase 4 concept
plan—if a townhome development is proposed in this area,plat approval is required prior to
any development in the R-40 area.
6. With the sale of all future homes in the Lavender Heights Subdivision,all sales information
shall have language regarding the future multi-family or Townhome project that will be a part
of this development.
7. Per City Council waiver,the Farr Lateral waterway shall remain open in accord with the
standards in UDC 11-3A-6.
8. The required street frontage improvements (sidewalk and landscaping) along E. Lake Hazel
Road shall be constructed with Phase 1 of the development.