ApplicationHearing Date: June 28, 2016
File No.: H-2016-0067
Project Name: TM Creek - MDA
Request: Request for a modification to the development agreement for TM Creek to remove the
requirement for the final plat to be recorded prior to applying for building permits, by
SCS Brighton, LLC.
Location: The site is located at the southeast corner of W. Franklin Road and S. Ten Mile Road, in
the NW 'ii of Section 14, Township 3N., Range 1 W.
r
EI TO 2 7 2016
BY: - -
Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY:
Projectname:
Filenumbet(S): Oro
Assigned Planner: `-nr . L°� > _ t ¢f a Related files f j •` r} g•
Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Planned Unit Development
0 Administrative Design Review
❑ Preliminary Plat
❑ Alternative Compliance
❑ Private Street
❑ Annexation and Zoning
❑ Property Boundary Adjustment
❑ Certificate of Zoning Compliance
❑ Rezone
❑ City Council Review
❑ Short Plat
❑ Comprehensive Plan Map Amendment
❑ Time Extension:
❑ Comprehensive Plan Text Amendment
Director/ Commission/Council (circle one)
❑ Conditional Use Permit
❑ UDC Text Amendment
❑ Conditional Use Modification
❑ Vacation:
Dtrector/Commission (circle one)
Director/ Council (circle one)
evelopment Agreement Modification
❑ Variance
❑ Final Plat
❑ Other
❑ Final Plat Modification
Applicant Information
Applicant name:,y�{_,� Phone: ?J}%`c� • �O
O
Applicant address: 1?Za ( U3. e p,&Wp— +-2w Email:
City: ltygt: t' -, State: ZD Zip:
Applicant's interest in property: XOwn ❑ Rent ❑ Optioned ❑ Other
Owner name:
Owner address:
City:
Email:
Phone:
State: Zip:
-01C)6
Agenontact me (e.g., architect, engineer, developer, representative): i�iflcflAttrL �• w1_�.-,rrcr'Ji-�'
Firm name: Phone: 9 ! • O `�I Z•
Agent address: i -UP Q (L9 • 'q`P&12 D2 •, * z60 Email: mwa v l to po r ( eBY • (-4 C
City: 2�2<p State: —E:�> Zip: ,�B ',
Primary contact is: D Applicant ❑ Owner 'KAge Contact
Information
Location/street address: 6E &E2N17z-/I Ta
w J Yt'%l Lr�F/2A�1k1J�1 'ownship, range, section: BI V �% s ��".,
Assessor's parcel number(s): (Z H
1 `Y 2 Z-3 Z / O Total acreage: Zoning district:
5l Z-1* Z. Z-3 7,10
Community Development. Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884.5533 Fax: 208-888-6854 wwwaneridiancitv.orePolanning
-1- (Rev. 06112/2014)
Project/subdivision name: _—f—/ V {
General description of proposed project/request: �J p/
IYalr—1 Af�/iia hr d./m./JmIJrIM- t--1. cli +M., +-"R, _T.,. �,,N.fi.,. e.n 1,.L_.
Proposed zoning district(s): _
Acres of each zone proposed: &�J
Type of use proposed (check all that apply):
❑ Residential Koffice,)O_Commercial)Umployment ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development?I,i ' �,N f6'C�1R-Gi9n%
Which irrigation district does this property lie within? � yl
4 2EyAt'l Fes%
Primary irrigation source: iC l Secondary: IAAgwt,
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): ,�q�
Residential Project Summary (if applicable)
Number of residential units:
Number of common lots:
Number of building lots:
Number of other lots:
Proposed number of dwelling units (for multi -family developments only):
1 bedroom:
2-3 bedrooms:
Minimum square footage of structure (excl. garage):
Minimum property size (s.f):
Gross density (Per UDC 11-lA-1):
Acreage of qualified open space:
4 or more bedrooms:
Maximum building height: -
Average property size (s.f):
Net density (Per UDC 11-1A-1):
Percentage of qualified open space:
Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B):
Amenities provided with this development (if applicable):
Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable) WA -
Number of building lots: _
Gross floor area proposed:
Hours of operation (days and hours):
Total number of parking spaces provided:
Authorization
Print applicant name:
Applicant signature:.
Common lots: Other lots:
Existing (if applicable):
Building height:
Number of compact spaces provided:
Date: r% • 06, /CG
Community Development . Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org/planning
-2- (Rev. 0611212014)
Z. 9)
BRIGHTON
CORPORATION
May 26, 2016
Caleb Hood, Planning Manager
City of Meridian Planning Department
Meridian City Hall
Re: TM Creek Development Agreement Modification
Dear Mr. Hood,
Enclosed is an application for modification of the TM Creek project Development Agreement
recorded on June 10, 2015 as Instrument #114045759. The City Council approved project
Findings of Fact, Conclusions of Law, and Decision and Order on April 1, 2014; approved
the Development Agreement on June 10, 2014; and adopted the implementing ordinance on
that same date, as Ordinance #14-1615. A subsequent DA Addendum was approved May 3,
2016 and recorded May 4, 2016 as Instrument #2016-037777.
Related project files: AZ -13-015, PP -13-030 and TED (A-2016-0106)
Property owner information for the modified Development Agreement:
SCS Brighton LLC
12601 W. Explorer Dr., #200
Boise, ID 83713
Specifically, this request proposes the following modification of Development Agreement,
Exhibit B — Findings of Fact and Conclusions of Law and Decision and Order: Public Works
Department Condition of Approval #2.2.9:
"Street signs are to be inplace, sanitary sewer and water system shall be approved and
activated, fencing installed, drainage lots constructed, and road base approved by the
Ada County Highway District ally the F'. a Dlat r r this subdivision h n be ...eefia, a
prior to 6 byi for buikUn Vem*itis,.
The purpose for this request is to facilitate the issuance of a building permit for an existing
Meridian commercial business which desires to relocate to the Ten Mile interchange area.
However, the desired location is on a parcel not yet platted. Platting is expected to occur
12601 W. Explorer Drive, Suite 200, Boise, ID 83713 1 www.BrightanCorp.com 1 208.378.4000 1 Fax: 208.377.8962
prior to occupancy, but cannot be accomplished within the time -frame required for
commencement of construction.
Please let me know if you have questions or require additional information.
For SCS Brighton LLC,
D. Wardle, Director of Planning
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 31.00 S
BOISE IDAHO 12128112 12;49 PM
DEPUTY DRIII IIII'IIIII'lll"IIIII'IIIIIIIIIIII
RECORDED-REOUESEQUES TOf 112137189
When recorded, please return to: Brighton Investments
SCS Brighton LLC
12601 W. Explorer Drive, Suite 200
Boise, Idaho 83713
Attn. Legal
GENERAL WARRANTY DEED
[Ten Mile Land (excluding Calnon)]
FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged,
STEVEN C. SMITH, an individual, with an address of 2274 W. Clearvue Court, Eagle, Idaho
83616, as stated above, with an undivided fifty percent (50%) tenancy in common interest, and
BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company, with an address of 2101
W. Clearvue Court, Eagle, Idaho 83616, with an undivided fifty percent (50%) tenancy in
common interest (collectively "Grantor") do hereby grant, bargain, sell, and convey unto SCS
BRIGHTON LLC, an Idaho limited liability company ("Grantee"), with the address above, all of
Grantor's right, title and interest in that certain real property located in Ada County, Idaho,
legally described on Exhibit A, attached hereto and incorporated herein ("Premises").
TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and
Grantee's successors and assigns forever, together with all water and water rights, ditch or
irrigation company shares, streets, alleys and rights of way adjacent thereto, all mineral rights
appurtenant thereto, and all and singular tenements, hereditaments, and appurtenances
thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and
remainders, rents, issues, and profits thereof, and all estate, right, title and interest in and to the
Premises, as well in law as in equity. Grantor, for itself, its heirs and assigns, does hereby
covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said
Premises; that the Premises are free from all encumbrances; that Grantee, its heirs and assigns
shall be entitled to the quiet and peaceable possession of said Premises; and that Grantor will
warrant and defend the same forever from all lawful claims whatsoever.
TO HAVE AND TO HOLD the Premises, with its appurtenances including, but not limited
to, water rights, unto Grantee, and Grantee's successors and assigns forever.
[end of text]
GENERAL WARRANTY DEED- 1
IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed
this�afl�I day of December, 2012.
STATE OF IDAHO
ss.
County of Ada
GRANTOR:
5US
BRIGHTON INVESTMENTS, LLC,
an Idaho "(nited li4bility company,
David W. Turnbull, Managing Member
On this 14L,- day ofUA,_, 20t)7 before me, a Notary Public in and for
said State, personally appeared STEVEN C. SMITH, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he executed
the same.
In witness whereof, I have hereunto set mhand and affixed my official seal the day
and year in this certificate first above written. 71X- ,/i. _
ES
ANDA K. SCHAUS
OTARY PUBLIC Notary Public f;
ATE OF IDAHO Residing at ON
My commission
STATE OF IDAHO )
ss.
County of Ada )
On this day of DVQ20_Q before me, a Notary Public in and for
said State, personally appeared David W. Turnbull, known or identified to me to be the
Managing Member of BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company, the
limited liability company that executed the instrument or the person who executed said the
within instrument on behalf of such limited liability company, and acknowledged to me that he
executed the same in such limited liability company's name.
In witness whereof, I have hereunto set myAand and affixed my official seal the day
and year in this certificate first above written. I flit
E
K. SCHAUS PUBLIC Notary Public forF IDAHO Residing at Btiry r
My commission expires 1.2w.17
GENERAL WARRANTY DEED - 2
Exhibit A
Legal Description
An 100% interest in and to the Premises described in this Exhibit A (attached)
GENERAL WARRANTY DEED - EXHIBIT A
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X. revtsEld
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Jf(,(,u�,�
LEGAL DESCRIPTION tt'i) FM
of SW Corner of 10 Mile Road & Frauklin Road Property a tI'V112
Part of the NWl/4NW1/4 of Section 14 Township 3 North, Range l West, Boise Meridian, Ada County, Idaho
described as:
BEGINNING at the intersection of the southerly right of way of Franklin Rd, and the easterly line of said
NW1/4NW1/4, said intersection being S00034'40"W 71.00 feet along said easterly line from the northeast
comer of said NW1/4NW1/4 of Section 14, said northeast comer being S89009'50"E 1328.99 feet from the
northwest comer of said Section 14;
Thence along said east line ofNWIANW1/4 S00034'40"W 1257..75 feet to the southeast comer of said
NWI/4NW1/4;
Thence along the south line of said NW 1/4NW1/4 N89010'41"W 371,69 feet to the centerline of the
Kennedy Lateral; thence along said centerline the following nine (9) courses,
(1) 950°58'33'W 17.95 feet;
Thence (2)`N53011'09"W 198:60 feet;
Thence (3) N6I°20157' W 85.70 feet to apoint of curve;
Thence (4) along said curve to the left 68.62 feet(Curve Data: Radius=69:99 feet, Delta=56°10'13",
chord bears N89°26'39"W 65.90 feet);
Thence (5) S62027'45"W 91;30 feet to a point of curve;
Thence (6) along said curve to the right 107.70 feet(Curve Data: Radius --199.99 feet, Delta=30°51' 15",
chord bears S77°53'45"W 106.40 feet);
Thence (7) N86°40' 15"W 156.20 feet to a point of curve; thence (8) along said curve to the left 92.42
feet(Curve Data: Radius=199.99feet Delta --2628'39", chord bears S80°05'03"W 91.60 feet),
Thence (9) S6605071"W 186.46 feet to the intersection of the centerline of said of Kennedy Lateral and
the easterly right of way of Ten Mile Rd.;'
Thence along said right of way the following thirteen (13) courses,
'403°39'43'E,21.08 feet
nee (2) N86020'1 6"W 16.21 feet;
.. kuj ♦'Va .)J YJ 1 1LY.V1.1VULj.
Thence (6) N38°48'09"E 44.90 feet;
Thence (7) NO3-31'50"E 66.88feet;
Thence (8) N49°26'20"W 47.72 feet to point of curve;
Thence (9) along said curve to the left 19.84 feet(Cw ve Data: Radius=7272'.00 feet, Delta=00009'23",
chord bears NO2°55'56"E 19.84 feet);
Legal Descripdon,lPage i of 2
Thence (10)N89°41'58"E 4.34 feet;
Thence (11) N00°33'39"E 652.21 feet;
Thence (12) N07040'57"E 80.62 feet;
Thence (13) N00°33'20"E 100.00 feet;
')'hence N45009'55"E 23.06 feet to the southerly right of way of Franklin Rd4
Thence along said southerly right of way the following sixteen (16) courses,
(1) S89°09'50"E 176.45 feet;
Thence (2) S00°50'10"W 10.00 feet;
Thence (3) S89°09'50"E 70`.00 feet;
Thence (4),N00°50'10'T 10.00 feet;
Thence (5) S89009'50"E 44.37 feet;
Thence (6) N88122159"E 9.64 feet;
Thence (7)'S00°50'10"W 7.41 feet;
Thence (8) S89°09'50"E 61.72 feet;
Thence (9) S84°35'06"E 113.53 feet;
Thence (10)S880424411E 128.76 feet;
Thence (11) N84°21'17"E 94.58 feet;
Thence (12) N87°36'21 "E 180.08 feet;
Thence (13) S83020'1 7"E 144.49 feet;
Thence (14) 889°07'16"E 158.24 feet;
Thence (15) N00°34'40"E 12.05 feet;
Thence (16)'S89°09'50"E 75.00 feet to the point of BEGR4NING.
Parcel Contains 34:628 Acres more or less.
�C,y► t vl , 1 l tt r r Legal Description, Page 2 of 2
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AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
Blake R. Alder, President of Brighton Corporation
I on behalf of SCS Brighton LLC 12601 W Explorer Drive, Ste 200
(name) (address)
Boise Idaho
(city) (state)
being first duly sworn upon, oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
lViet44G, 71!,► -i �1— �l
(a.. y
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this�� day of April 2016
SCS Brighton LLC, an Idaho limited liability company
By: =1?17�
o
By:
Blake R. Alder, President (Signature)
SUBSCRIBED AND SWORN to before me the day d year first above written.
=NOTARYPUBLIC
(Not Public for Idah
Residing at:'c
My Commission Expires:
33 E Broadway Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridimeity.org
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TEN MILE RD
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CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
Project/Subdivision Name: TM Creek Date: May 10, 2016
Applicants)/Contact(s): Mike Wardle
City Staff: Sonya
Location: SEC of W. Franklin Rd. & Ten Mile Rd. Size of Property: Acres
Comprehensive Plan FLUM Designation: MU -C, HDR; LC
Existing Use: vacant/undeveloped Existing Zoning: C -G, TN -C, R-40
Proposed Use: Proposed Zoning:
Surrounding Uses: A land
Street Buffer(s) and/or Land Use Buffer(s): NA
Open Space/Amenities/Pathways: NA
Access/Stub Streets/Street System: NA
Waterways/ Floodplain/Topography/Hazards: NA
History: AZ -13-015; PP -13-030: FP -14-039- A-2016-0106 (TED)
Additional Meeting Notes:
Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To
avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application
to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387-
6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process.
Other Agencies/Departments to Contact:
❑ Ada County Highway Dist. (ACHD)
❑
Nampa Meridian Irrigation Dist. (NMID)
❑
Public Works Department
❑ Idaho Transportation Dept. (ITD)
❑
Settler's Irrigation District
❑
Building Department
❑ Republic Services
❑
Police Department
❑
Parks Department
❑ Central District Health Department
❑
Fire Department
❑
Other:
Application(s) Required:
❑ Administrative Design Review
❑
Conditional Use Permit Modification/Transfer
❑
Rezone
❑ Alternative Compliance
X
Development Agreement Modification
❑
Short Plat
❑ Annexation
❑
Final Plat
❑
Time Extension - Council
❑ City Council Review
❑
Final Plat Modification
❑
UDC Text Amendment
❑ Comprehensive Plan Amendment - Map
❑
Planned Unit Development
❑
Vacation
❑ Comprehensive Plan Amendment -Text
❑
Preliminary Plat
❑
Variance
❑ Conditional Use Permit
❑
Private Street
❑
Other
Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public
hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice
in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during
this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may
affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months.
Page ! of I
Neighborhood Meeting Sign -in Sheet
TM Creek DA Modification
May 25, 2016 — 6:30 PM
NAME (printed) ADDRESS TELEPHONE
t — — �l
IA42
BRIGHTON
CORPORATION
Neighborhood Meeting Notice
May 18, 2016
Subject: TM Creek Project Development Agreement Modification
An application for modification of the TM Creek project development agreement (DA) will soon
be submitted to the City of Meridian. The DA modification proposes deletion of preliminary plat
Condition 2.2.9 precluding the issuance of building permits prior to recording of a subdivision final
plat for parcels within the commercial project.
An on-site meeting has been scheduled with project representatives to review the proposal:
Date Wednesday, May 25, 2016
Time 6:30 PM
Location Project site (Enter from any o(the three paved Ten Mile Road access points)
If you have questions prior to the meeting, please contact Mike Wardle at 287-0512
Brighton Corporation 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713
www.brizhtoncorp.com Tel. (208) 378-4000 Fax (208) 377-8962
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
i
Applicant/agent signature Date
Community Development . Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www meridiancitv.ore/nlannin�
L
Community Development
Parcel Verification
Date:5/19/16
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
208.887.2211
The parcel information below has been researched and verified as correct by the City of Meridian
Community Development Department.
Project Name: TM Creek Subdivision
Parcel Numbers: S1214223210 (6.89Acres)
51214223270 (27.74 Acres)
T/R/S: 3N 1W 14
Property Owners: Ten Mile Crossing, Inc.
12601 Explorer Dr. #200
Boise, ID 83713
SCS Brighton, LLC
12601 Explorer Dr. #200
Boise, ID 83713
(15t parcel listed)
(2nd parcel listed)
Address Verification Rev: 04/23/12