Loading...
HomeMy WebLinkAboutOrder for Time Extension for DA for Shops at VictoryBEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR DEVELOPMENT AGREEMENT EXTENSION FOR THE SHOPS AT VICTORY By DMG Real Estate Partners, LLC Applicant. Case No. AZ 08-007, CUP 08-011 ALT 08-012 ORDER GRANTING A TIME EXTENSION FOR THE SIGNING OF THE DEVELOPMENT AGREEMENT This matter coming on regularly before the City Council on August 11, 2009, upon the Applicant's request for an extension of time in which to sign. the development agreement in this matter which was required with the approval for annexation by certain Findings of Fact and Conclusions of Law on September 9, 2009. The Unified Development Code currently requires development agreements to be signed within one year of the date of approval. Meridian Planning Department staff presented a request by Mr. Brian Ballard, the attorney for the owners of the referenced development, to extend the period of time required to sign the development agreement. In his request Mr. Ballard states that his clients intend to fully comply with the provisions of this agreement, however, extenuating circumstances preclude them from signing the agreement within the mandated one year deadline. Upon reviewing the request and conditions outlined in Mr. Ballard's letter, staff recommends and supports a time extension for an additional year for the owners to sign the development agreement. ORDER GRANTING A TIME EXTENSION FOR THE SIGNING OF A DEVELOPMENT AGREEMENT -PAGE 1 OF 2 k IT IS HEREBY ORDERED AND THIS .DOES ORDER THAT: The above •named Applicant is granted an additional extended period of time, until September 9, 2010, within which to sign the development agreement in this matter. By action of the City Council at its regular meeting held on the ~7 d y of August, 2009. ROLL CALL: COUNCILMAN DAVID ZAREMBA VOTED ~~ COUNCILMAN BRAD HOAGLUN VOTED c`. COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED ~v~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: 0 ~arJ ~~ ~~ , MOTION: APPROVED: V DISAPPROVED: M~y~(~R MY de WEERD ATTEST: ~ ~~ ~'~~" TFO - $EAL JAYCEE . HOLMAN, CITY CI~R ~ ~, , ~~ ~ ~: ,,y Q,~~. ~~''~ COUNTY ~ ~~~ `~~~ //~~~~~~~iiii nn~~~~~~~. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: Dated: l ~ - ~o~ ' D `I ~~ City erk's Ice ORDER GRANTING A TIME EXTENSION FOR THE SIGNING OF A DEVELOPMENT AGREEMENT -PAGE 2 OF 2 HAWLE' ~~TROXEL ~, ~, ATTORNEYS AND COUNSELORS L _ __ _ - Hawley Traxell Ennis & Hawley LLP 877 Main Street, Suite 1000 ' P.O. Box 1627 Boise, Idaho 83701-1617 . 208.344.6000 www.hawleytroxelLcom BRIAN L. BAL:[.ARD ' ADMITTED TO PRACTICE LAW (N IDAHO bballard~hawteytroxell.com ' DIRECT DtAt~ 20$.388A866 DittECi FAX: 208.954:52(Ki ~~ July 28,-2009 , Anna Canning F Planning Director 33 E Broadway Ave. Suite 210 Meridian, Idaho $3642 Re: Shops at Victory: AZ-08-007; PP-08-006; CUP-08-011; ALT-08-012' SEC Victory & Eagle, Meridian, Idaho Dear Anna: Thank you for meeting with~me and Megan O'Dowd, my summer intern, on July 27, 2009: And thanks also to Sonya Watters and Pete Friedman for attending. As I mentioned in our meeting, this firm represents DMG Real Estate Partners, LLC ("DMG"), as the Developer, and the members of DMG are Greg Goiris and Dave McKinney. I am writing this letter primarily to set forth a request for an extension of time under Meridian City Code § 11-SB-3D(2) which provides that the "development agreement shall be signed by; the property owner and returned to the city within one year of the city council granting annexation and/or rezone." As we discussed, there appears to be no particular procedure' for requesting an extension of the time period within which a DA is to be signed after city council approval. Whereas there is some provision in other City code sections (e.g., for a CUP), under which.an.automatic extension of up to 18 months might be given administratively, there is . simply no corresponding provision for the extension requested in this letter. , Circumstances prompting this request are: (i) the overall economy; (ii) the overall delay in key tenant development timing; (iii} a pending~lawsuit'affecting the subject property current '~ 'ownership, with'a lis peridens (lien) recorded;"which creates a cloud upon title; (iv) the difficulties presented in meeting a DA provision requiring a recorded ROS-prior to approval of ,. the annexation ordinance, and (v} the additional costs attendant to filing a petition as would be done in, for example, a request to amend an already signed DA. 42795.0007.1609503.2 3 e; . t ' Anna Canning ,~ ' July 28, 20b4• Page 2 It would appear, following our discussion, that all of the foregoing circumstances may be resolvable. It might even be that there is enaughi"time available under the current deadline to pursue one of the fallowing: 1. Present this request to the City Council, following'a cheek with the City's . Attorney's office, to see if the extension might properly be given either administratively'or by the City Council,, upon petition, but without the need to follow the formal procedures as would be necessary, for example, ifthis were a request for a DA modification. The points in favor of this approach include that. this is mare in the. nature of a ministerial action, as the DA has not been signed and no rriodi$cation of the DA is requested. It is just a request for an extension of time within which. to return a signed DA. ~ ~` • 2. Allow this letter to act,as a pending'request, with a."stand sti1P' until your ©ffice is ~~ able`to complete an revision to the Cade, to address the issue, and. allow for an administrative , approval of this kind of extension request, and/or to otherwise address the lack of a procedure for making an extension request. Certainly, if it is within the discretion of the City Council as to when to give notice.that the period for`signature of a DA is about to expire before there will be an actual expiration, it may also be that there is discretion~to~not give such a notice pending an amendment to the Code which will establish a procedure for making such a request. 3. Follow a procedure essentially the same as would°be followed for a DA modification, with the understanding that no modification is actually sought, and that the terms and conditions of the DA are not at issue. • Rather, the only thing at issue would be a request for an extension of time within which the DA needs to be signed and returned. I look forward to our follow up discussion following your receipt.hereof. Thank you again for your courtesy in meeting with us. Very truly yours, HAWLEY T'ROXELL ENNIS &HAWLEY I,LP ~ 1 l`--, ~n L. 42795.OOW.16095Q3.2 k a Anna Canning l~tly 28, 20019 ~ ~ y Page 3 Developer and Owner Consents: y "DMCr R$At ESTATE PAFZTNERS, LLC, AXELEtOD LIVING TRUST an [daha limited liabitityeompany U!T/A DATED 9%4/19&6 AND A ~ ! OQb C3y: LDM Real Estate Services, LLC Ey: an Cdaho limited liability company Charles D. Azeltrod, Manager and Member ,,~ ~i Trustee ?S L. David McKinney Member By: Coins Development Co,, LLC, an Idaho limited liability company ~M,e~m~b'e`r~"~' ~By; Cam" ~~` ` w _ _, R: Greg Coins.. _ _ Member '6 . :a 9' d i d 02795.00at.1s095o3.2 Mayor Tammy de Weerd City Councit Members: ~~• Keith Bird ~- ~ Brad Hoaglun -E IDIAN---- _ Charles Rountree . `~ David Zaremba i ,• August 18, 2009 MEMORANDUM I0: Mayor De Weerd City Council FROM: Pete Ftiedm - RE: Request for Development Agreement Time Extension foz the Shops at Victozy~ AZ-0$000.7; CUP-08-01.1.; ALI-08-012 k At the regular City Council meeting on August 11, 2009, Planning Depaztment staff presented a request by Mr.. Brian Ballard, the attorney for the owners of the zeferenced development, to extend the peziod of'time i~equired to sign the Development Agz~eement. the Unified Development Code currently requires development agreements to be signed within one yeah of the date of appz•oval.. p In his zquest (letter attached), Mr.. Ballard stated that his clients intend to fully comply `"with provisions ofthe agreement; however, extenuating circumstances preclude them a from signing the agreement within the mandated one year deadline. Upon reviewing the request and circumstances outlined in Mt•.. Ballatd's letter, staff recommends and supports a time extension for an additional one year-for the owners to sign the development- agreement. x ., , Planning Department- . 664E Watertower Street, Suits 202, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854. www meridiancity.org