Hills Century Farm MDA-15-007CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW 1 IDI J� �Tj611 �! A��—
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AND DECISION & ORDER
In the Matter of the Request for a Modification to the Development Agreement for Hill's Century
Farm to Remove the Elementary School Site from the Terms of the Agreement, by Brighton
Investments, LLC.
Case No(s). MDA -15-007
For the City Council Hearing Date of: July 28, 2015 (Findings on August 11, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Repoli for the hearing date of July 28, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 28, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 28, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 28, 2015, 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 at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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 Cleric 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -15-007 - I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 28, 2015, 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 Staff Report for the hearing date of July 28, 2015, attached as Exhibit A.
D. Notice of Applicable Time Limits
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)).
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 two (2) year approval period
(UDC 11-513-317).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of July 28, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -15-007 - 2 -
By action of the City Council at its regular meeting held on the day of
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL VICE PRESIDENT KEITH BIRD VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED "
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MiLAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor
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Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -15-007 - 3 -
EXHIBIT A
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.
The Meridian City Council heard these items on July 28, 2015. At the public hearing, the Council
approved the subject MDA request.
a. Summary of City Council Public Hearing:
i. In favor: Mike Wardle
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Mike Wardle
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. None
c. Key Council Changes to Staff/Commission Recommendation
i. None
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.
EXHIBIT A
Hill’s Century Farm MDA-15-007 2
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
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
EXHIBIT A
Hill’s Century Farm MDA-15-007 3
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
2. Proposed Text Changes to the Development Agreement
3. Legal Description & Exhibit Map of Property Proposed to be Removed from Agreement
EXHIBIT A
Hill’s Century Farm MDA-15-007 4
Exhibit A.1: Vicinity/Zoning Map
EXHIBIT A
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.
EXHIBIT A
Hill’s Century Farm MDA-15-007 6
Exhibit A.3: Legal Description & Exhibit Map of Property Proposed to be Removed from Agreement
EXHIBIT A
Hill’s Century Farm MDA-15-007 7