TM Creek MDA H-2016-0067CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0067 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for an Amendment 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.
Case No(s). H-2016-0067
For the City Council Hearing Date of: June 28, 2016 (Findings on July 12, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 28, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 28, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 28, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 28, 2016, 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 Clerk 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). H-2016-0067 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 28, 2016, 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 an amendment to the development agreement is hereby approved
per the provisions in the Staff Report for the hearing date of June 28, 2016, attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D).
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification (UDC 11-5B-3F).
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 six (6) month approval
period (UDC 11-5B-3F).
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 June 28, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0067 - 3 -
By action of the City Council at its regular meeting held on the ___________ day of ________________,
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED_______
COUNCIL VICE PRESIDENT JOE BORTON VOTED_______
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_______
COUNCIL MEMBER TY PALMER VOTED_______
COUNCIL MEMBER LUKE CAVENER VOTED_______
COUNCIL MEMBER GENESIS MILAM VOTED_______
MAYOR TAMMY de WEERD VOTED_______
(TIE BREAKER)
Mayor Tammy de Weerd
Attest:
_______________________________
Jacy Jones
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:__________________________________ Dated:________________________
City Clerk’s Office
EXHIBIT A
TM Creek – MDA H-2016-0067 1
STAFF REPORT
HEARING DATE: June 28, 2016
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: TM Creek – MDA H-2016-0067
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, SCS Brighton, LLC, requests a modification to the existing development agreement (MDA)
(Instrument #114045759) for TM Creek to remove the requirement for the final plat to be recorded prior to
applying for building permits. 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 this item on June 28, 2016. At the public hearing, the Council
approved the subject MDA request.
a. Summary of City Council Public Hearing:
i. In favor: Mike Wardle, Applicant’s Representative
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Mike Wardle, Applicant’s Representative (in agreement with the staff
report)
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. None
d. 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 H-2016-0067 as
presented in the staff report for the hearing date of June 28, 2016, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2016-0067 as presented during
the hearing on June 28, 2016, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0054 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
EXHIBIT A
TM Creek – MDA H-2016-0067 2
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at the southeast corner of W. Franklin Road and S. Ten Mile Road, in the northwest
¼ of Section 14, Township 3N., Range 1W.
B. Owner:
SCS Brighton, LLC
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
C. Applicant:
Same as Owner
D. Representative:
Michael D. Wardle, Brighton Corporation
12601 W. Explorer Drive, 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: June 6 and 20, 2016
C. Radius notices mailed to properties within 300 feet on: June 2, 2016
D. Applicant posted notice on site by: June 13, 2016
VI. LAND USE
A. Existing Land Use(s): This property consists of vacant/undeveloped land that has been conceptually
approved for a mix of commercial uses.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: W. Franklin Road and rural residential/agricultural land, zoned RUT in Ada County
West: S. Ten Mile Road and agricultural land, zoned RUT in Ada County
South: Agricultural land, zoned C-G
East: Agricultural land, zoned RUT in Ada County (R-40 zoning has been approved but has not yet
been finalized)
C. History of Previous Actions:
The annexation and zoning (AZ-13-015) and preliminary plat (PP-13-030) for TM Creek
Subdivision were approved by City Council on April 1, 2014.
The first phase final plat (FP-14-039) was approved by City Council on November 5, 2014.
A 2-year time extension to obtain the City Engineer’s signature on the first phase final plat was
approved by the Director on April 18, 2016 which extended the time in which the applicant could
obtain signature to April 1, 2018.
EXHIBIT A
TM Creek – MDA H-2016-0067 3
VII. ANALYSIS
The applicant requests a modification to the existing development agreement (MDA) (Instrument
#114045759) for TM Creek to remove the requirement for the final plat to be recorded prior to applying
for building permits.
Preliminary plat condition of approval #2.2.9 in the Findings, attached to the Development Agreement
(DA) as Exhibit B, requires the final plat for this subdivision to be recorded prior to applying for
building permits. The applicant would like to obtain one (1) building permit within the area proposed to
be platted in Phase 2 prior to any final plats being recorded. This will facilitate an existing business in
Meridian that desires to relocate to this site to obtain a building permit and begin construction prior to
the plat being recorded as currently required.
Because more than one building is allowed to be constructed on commercially zoned property,
subdivision of the property is not typically required in order to apply for building permits. However, in
this case, a preliminary plat condition of approval was included that required subdivision of the
property prior to applying for building permits.
Staff supports the applicant’s request to obtain one (1) building permit as requested per the modification
to the DA in Exhibit A.2. Approval of a Certificate of Zoning Compliance and Design Review
application will be required for each building/site prior to application for building permits.
Staff recommends approval of the applicant’s requested modification to the DA as shown in Exhibit
A.2.
VIII. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Change to the Development Agreement
EXHIBIT A
TM Creek – MDA H-2016-0067 4
Exhibit A.1: Vicinity/Zoning Map
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EXHIBIT A
TM Creek – MDA H-2016-0067 5
Exhibit A.2: Proposed Changes to the Development Agreement
Page 2 of the Development Agreement:
1.7 WHEREAS, City Council, the 1st day of April, 2014, the Meridian City Council approved certain
Findings of Fact and Conclusions of Law and Decision and Order (“Findings”), which have been
incorporated into this Agreement and attached as Exhibit “B”; and
Condition #2.2.9 of the Findings attached to the Development Agreement as Exhibit B:
Street signs are to be in place, sanity sewer and water system shall be approved and activated, fencing
installed, drainage lots constructed, road base approved by the Ada County Highway District and the
Final Plat(s) for this subdivision shall be recorded, prior to applying for building permits., provided
however, that one building permit is allowed prior to recordation of a final plat for the phase in which
it is located as approved with H-2016-0067.