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CC - Staff Report Hill’s Century Farm MDA-15-007 1 STAFF REPORT Hearing Date: July 28, 2015 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: MDA-15-007 – Hill’s Century Farm I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Brighton Investments, LLC, requests an amendment to the existing development agreement (Instrument No. 2015-003138) (MDA) to remove the elementary school site from the terms of the agreement. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number MDA-15-007 as presented in the staff report for the hearing date of July 28, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny MDA-15-007 as presented during the hearing on July 28, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number MDA-15-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 5340 S. Eagle Road, in the NW ¼ of Section 33, Township 3N., Range 1E. B. Owner(s): Brighton Investments, LLC 12601 W. Explorer Dr., Ste. 200 Boise, ID 83713 C. Applicant: Same as owner D. Representative: Mike Wardle, Brighton Corporation 12601 W. Explorer Dr., Ste. 200 Boise, ID 83713 Hill’s Century Farm MDA-15-007 2 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 13 and 20, 2015 C. Radius notices mailed to properties within 300 feet on: July 9, 2015 D. Applicant posted notice on site by: July 17, 2015 VI. LAND USE A. Existing Land Use(s): NA B. Character of Surrounding Area and Adjacent Land Use and Zoning: NA C. History of Previous Actions: The property proposed to be removed from the subject development agreement (Instrument No. 2015-003138) was annexed (AZ-14-012) with an R-8 zoning district and included in the preliminary plat (PP-14-014) for the Hill’s Century Farm development in 2014. Recently, an amendment to the future land use map contained in the Comprehensive Plan (CPAM-15- 001) was approved to change the land use designation from Low Density Residential (LDR) to Mixed Use Neighborhood (MU-N) for the subject property as well as the adjacent property to the north as well as a rezone (RZ-15-007) to the C-N district. Because an elementary school, YMCA and City Park is proposed to develop on the subject property and a portion of the adjacent property to the north, this property was included in the development agreement (Instrument No. 2015-061375) for the property to the north when it was rezoned; therefore, the property should be excluded from the subject agreement. A property boundary adjustment (PBA-15-012) was also recently tentatively approved which reconfigured existing parcel lines to create a parcel for the school /YMCA property thus not requiring the site to be included in a subdivision plat. VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant proposes to modify the current development agreement (DA) (Instrument No. 2015- 003138) for Hill’s Century Farm to exclude the elementary school property shown on the preliminary plat as Lot 35, Block 3 from the agreement as well as modify the associated text in the agreement (see legal description and exhibit map in Exhibit A.3). The property proposed to be removed from the DA was recently rezoned and included in the DA (Instrument No. 2015-061375) for the Hill Properties/Century Farm School (AZ-15-004; RZ-15-007) to the north as mentioned above in Section VI.C. Approval of the proposed modification will finalize the process necessary to “clean-up” the development agreement for this site. The applicant only proposes one change to the text of provision #1.4 of the agreement; Staff also recommends a change to provision #5.1f as shown in Exhibit A.2. Staff is in support of the applicant’s request and recommends approval of the MDA as requested by the applicant and as recommended by Staff in Exhibit A. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map Hill’s Century Farm MDA-15-007 3 2. Proposed Text Changes to the Development Agreement 3. Legal Description & Exhibit Map of Property Proposed to be Removed from Agreement Hill’s Century Farm MDA-15-007 4 Exhibit A.1: Vicinity/Zoning Map Hill’s Century Farm MDA-15-007 5 Exhibit A.2: Proposed Text Changes to the Development Agreement (Applicant’s proposed changes are shown in strike-out/underline format; staff’s recommended changes are shown in strike-out/bold/underline format) All of the text in the agreement will remain the same except for the following sections: 1.4 WHEREAS, Owner/Developer and Owner has submitted an application for annexation and zoning of 223.73 acres of land with an R-8 (Medium density Residential) zoning district. Owner/Developer requested approval of a preliminary plat consisting of 675 building lots, and 47 common area lots, and 1 other (elementary school) lot on 221.8 acres for Hill’s Century Farm Subdivision, which generally describes how the Property will be developed and what improvements will be made; and 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Direct lot access to S. Eagle Road and E. Lake Hazel Road, arterial streets, and E. Taconic Drive, E. Highlander Drive, and S. Newbridge Avenue, internal collector streets, is prohibited in accord with UDC 11-3A-3. b. A temporary access shall be provided via Eagle Road near the northwest corner of the site until two (2) points of permanent ingress/egress are constructed that meet the Fire Department’s standards. Provide a pedestrian bridge over the Ten Mile Creek as proposed for access to the regional pathway by residents on the east side of the creek. c. Future development of this site shall be generally consistent with the preliminary plat and conceptual building elevations attached to the Findings of Fact and Conclusions of Law (Exhibit “B”). d. The rear or sides of homes on lots that face S. Eagle Road and E. Lake Hazel Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. e. A 10-foot wide multi-use pathway is required to be constructed along the west side of the Ten Mile Creek in accord with the Pathways Master Plan and should extend west to the S. Eagle Road/E. Taconic Street intersection. f. A minimum of 10 site amenities shall be provided within the development and should be comparable to the following: a community center, tot lot playgrounds, exercise stations, passive gathering space seating, micro-paths, and a regional pathway. The provision of the property for an elementary school lot whether donated or sold is allowed to count toward one amenity; development of the school property is governed by Development Agreement Instrument No. 2015-061375 for Hill Properties/Century Farm School AZ-15-004; RZ-15-007. Specific amenities shall be determined with submittal of each final plat application. Hill’s Century Farm MDA-15-007 6 Exhibit A.3: Legal Description & Exhibit Map of Property Proposed to be Removed from Agreement Hill’s Century Farm MDA-15-007 7