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TM Crossing MDA H-2016-00545. COND.ITIONSGOVERNINGDEVELOPMENTOFSUBJECTPROPERTY.° 5.1. OwnerlDeveloper shall develop the Property in accordance with the following special conditions: a. Prior to submittal of the first Certificate of Zoning Compliance for this site, the development agreement shall be mod�fied to include a revised conceptual developmentplan that is consistent with the design elements of the Ten Mile Interchange Specific Area Plan. The Development Agreement has been modified for Phase I (H-2016-0054) and will be required to be modi ied again prior to development of Phase IL 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had detennined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent. jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with ADDENDUM TO DEVELOPMENT AGREEMENT - TM CROSSING - MDA H 2016-0054 Page 2 of 4 Exhibit A CITY OF MERIDIAN (��VE II)� �+1� '}yT �� FINDINGS OF FACT, CONCLUSIONS OF LAW 1 ,�`"�� `1J AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for TM Crossing to Include a Detailed Site Plan for Phase I and Allowance for up to Three (3) Building Permits to be Issued, by SCS Brighton, LLC, Case No(s). H-2016-0054 For the City Council Hearing Date of: June 7, 2016 (Findings on June 21, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 7, 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-2016-0054 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 7, 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 § l l -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 development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 7, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration 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 -5B -3D). 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 11-513-3F). 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 (2 8) 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 7, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DF3CTSION & ORDER CASE NO(S). I1-2016-0054 - 2 - By action of the City Council at its regular meeting held on the 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tammy de Weerd Attest: Jany Jones City Cleric day of , VOTED VOTED VOTED VOTED VOTED VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: City Clerk's Office Dated.- CITY ated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0054 -3 - G� \ By action of the City Council at its regular meeting held on the day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED A COUNCIL VICE PRESIDENT JOE BORTON VOTED�� COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED De - COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED_ g - MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta do Weerd _aAiEDAI,„ Attest: o City of w � �a�►ra Jacy Jones AL 4 City Clerkx��Q, Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. B Dated: (01 a) [ City CIA's Of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), H-2016-0054 - 3 - EXHIBIT A STAFF REPORT HEARING DATE: June 7, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: TM Crossing — MDA H-2016-0054 (::�WIEN 1. SUMMARY SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, SCS Brighton, LLC, requests a modification to the existing development agreement (MDA) (Instrument #114002254) to include a detailed site plan for .Phase I and allowance for up to three .3) building permits to be issued prior to recordation of the final plat. See Section IXAnalysis foa•,txx injbi-mation. :`' ` II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. 1790" r rr �'_ r r' 'ii ra I r.'11111 l t' �� i.'•...' �.' r.. r. r r r r 1• r a. 1illlYr]iFl1➢1I i39F1tiI[.HIIY[(liiliil)11]I ii. In it r tr None AL rmu^i i None Written r Wardle rr L Staff presenting application: Sonya WaU-ers Other r ri_ r r' on r r \ r r ._ _ Public Testimp_nyj Request r the pubpublig stuel thatr i. r' h this sitv to be named NayigaUw—instead of b•I. L. !. ► to the east, -C. Key Isms r 1 r.r r_i r i T r i t name. of ._• Council i rStaff/Commission Recom endation �`►CliT� III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0054 as presented in the staff report for the hearing date of June 7, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0054 as presented during the hearing on June 7, 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.) TM Crossing — MDA H-2016-0054 EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is generally located at the northeast corner of Interstate 84 and S. Ten Mile Road, in the southwest'/4 of Section 14, Township 3N., Range 1 W. 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: May :I 6 and 30, 2016 C. Radius notices mailed to properties within 300 feet on: May 12, 2016 D. Applicant posted notice on site by: May 23, 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: Agricultural/undeveloped land, zoned C -G West: S. Ten Mile Road and agricultural land, zoned H -E and C -C South: Interstate 84, vacant/undeveloped land, zoned M -E and RUT in Ada County East: Single-family residential properties, zoned RI in Ada County C. History of Previous Actions: In 2012, a Comprehensive Plan Map Amendment (CPAM-12-001) was approved that changed the fiiture land use reap (PLUM) designation on this property from Lifestyle Center (LC), Medium High -Density Residential (MHDR), and High Density Employment (RDE) to Commercial. Annexation and zoning (AZ -12-005, Ord. #14-1588) of 89.22 acres of land with C -G zoning and a development agreement (#114002254); and Preliminary Plat (PP -12-003) was approved concurrently for 50 commercial building lots and 4 common/other lots on 75.5 acres of land for TM Crossing Subdivision. In 2014, a 2 year time extension (TED -I4-001) was approved by the Director to obtain the City TM Crossing — MDA H-2016-0054 EXHIBIT A Engineer's signature on the final plat, to expire on October 2, 2016. The final plat has not yet been signed 1?y the City Engineer or recorded. VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the existing Development Agreement (DA) (recorded as Instrument #114002254) approved with the annexation of this property as follows: Condition #5.1 (pg. 3) in Section 5, Conditions Governing Development of Subject Property, requires the DA to be modified to include a more detailed development plan that is consistent with the design elements of the Ten Mile Interchange Specific Area Plan (TMISAP) prior to submittal of the first Certificate of Zoning Compliance for this site. The conceptual development plan approved with the annexation included in the DA is shown in Exhibit A.3. The applicant's proposed plan for Phase I is included in Exhibit A.4; a detailed plan for Phase Il will be submitted at a later date. The proposed plan depicts two "fixed" professional office building sites (depicted as shaded areas) as well as conceptual office and retail building sites. The applicant requests that if future Certificate of Zoning Compliance (CZC) applications for the conceptual office and retail building sites in Phase 1 are generally consistent with the proposed plan they be approved without further modification of the DA. Staff agrees with this request. The DA requires future development of the site to be consistent with the design elements contained in the TMISAP, the design standards in UDC 11 -3A-1 9, and the guidelines in the Meridian Design Manual. There are also several minimum design elements listed in the DA that development is required to comply with taken from the TMISAP (see Exhibit A.2). Staff has reviewed the proposed plan for conformance with the aforementioned design elements and found it to be in general conformance. Future development is required to comply with these design standards and elements of the TMISAP as required in the DA. Condition #1.7 in Section 1, Recitals, references the Findings of Fact and Conclusions of Law, which are attached to the DA as Exhibit B. Preliminary plat condition of approval 42.8 in the Findings requires the final plat for this subdivision to be recorded prior to applying for building permits. The applicant would like to obtain up to 3 building permits prior to the final plat being recorded. The applicant states that at the time of preliminary plat approval, the property was an assembly of 3 separate parcels (S1214325415, 51214325415, and 51214325505) which were consolidated into one parcel because they were under single -ownership. 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 pen -nits. The reason was probably for dedication of right-of-way which will still need to be dedicated with the final plat but does not necessarily need to be done prior to issuance of the 3 building permits requested by the applicant. For the above stated reasons, Staff supports the applicant's request to obtain up to 3 building permits prior to recordation of the plat (see proposed modification to condition #2.$ 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. TM Crossing — MDA H-2016-0054 EXHIBIT A Staff recommends approval of the applicant's requested modifications to the DA as shown in Exhibits A.2 and A.4. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Change to the Development Agreement 3. Approved Conceptual Development Plan for Phase I (dated: $/15/12) 4. Proposed Development Plan (dated: 4112/16) TM Crossing — MDA. H-2016-0054 EXHIBIT A Exhibit A.1: Vicinity/Zoning Map 3 Z Z z L W Barr Dr Iwo � Y Q N awh n D J w N W Joshua Ln W Bayeux. Dr WG ... - ... W Waltman St e z, N Z. Q', tQ J N Y J w N N W Verbena or l - W Tasa Dr I Silver Terrace Rd I 0 dots 4i W Dutch Farm Rd W Overland Rd W 'fender/?,,, R d h+1dy Sen S4� =Y�s � dyh rn - o N > 9 i fy4i1) e`lcan Fork Dr rr,'yQ St (D +mor) C -1= `W U1 LamontRd c Loseo vs i � hVVal Vista Ct Q N - 5 Nova Ln L u .---- -------------- TM Crossi>ze — MDA H-2016-0054 5 EXHIBIT A Exhibit A.2: Proposed Changes to the Development Agreement Page 2 of the Development Agreement: 1.7 WHEREAS, City Council, the 2nd day of October, 2012, has approved Findings of Fact and Conclusions of Law, set forth in Exhibit `B", which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and Condition #2.8 of the Findings attached to the Development Agreement as Exhibit B: Street signs are to be in place, 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 for this subdivision shall be recorded, prior to applying for the fourth 4`" building permits. Up to three (3) building permits in Phase I are allowed to be obtained prior to recordation of the plat. Pages 3-5: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Prior to submittal of the first Certificate of Zoning Compliance for this site, the development agreement shall be modified to include a revised conceptual development plan that is consistent with the design elements of the Ten Mile Interchange Specific Area Plan. The development agreement has been modified for Phase I (H-2016-0054) and will be required to be modified again prior to development in Phase II_ b. Business hours of operation in the C -Cr zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district, per UDC 11-213-3A.4. Extended hours may be requested through a conditional use permit. This restriction applies to businesses directly adjacent to the east property boundary in Primrose Subdivision. c. Future development of the site shall be consistent with the design elements contained in the TMISAP, the design standards in UDC I1 -3A-19, and the guidelines in the Meridian Design Manual. d. Public art shall be incorporated into the development at the entry of the site to create a sense of arrival and as appropriate throughout the site, in accord with the TMISAP. e. Prior to issuance of the first Certificate of Occupancy within the site, the developer shall submit a surety to the City of Meridian for half (112) the cost of a Welcome to Meridian sign to be placed off-site at the intersection of S. Ten Mile Road and S. Smithfield Drive on the property to the north. The developer shalt] coordinate the design and location of the sign with City Planning staff. The intent being for the property owner to the north to pay for the remaining portion of the sign at the time of development of Parcel #S1214233665 and construct the sign at that time. If the referenced property to the north does not TM Crossing — MDA H-2016-0054 EXHIBIT A develop within five (5) years or another partner doesn't step forward to fund the sign, the surety shall be returned to the developer and the developer shall have no further obligation pertaining to the sign. f. If additional right-of-way can be obtained on the property to the north (parcel #S1214233665) for W. Smithfield Drive, the developer shall construct a minimum 8 -foot wide parkway (or 6 -foot wide if root barriers are constructed) landscaped in accord with the standards listed in UDC I 1 -3B -7C, along with a 5 -foot wide detached sidewalk. g. The easements for the Purdam Drain and Taylor Drain shall be vacated prior to signature on the final plat by the City Engineer. h. At a minimum, the following design elements from the TMISAP shall be incorporated into the development: Buildings at or close to the property line facing the street main entrances/facades should be oriented to the street; Buildings should relate effectively to the fronting streets by aligning and being as continuous as possible; Buildings at street corners should "hold the corners"; The space between a building facade and the adjacent sidewalk should be landscaped with a combination of lawn, groundcover, shrubs, and trees; Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open their doors & street front windows & use clear glass that allows visual access inwards & outwards; Human -scale design by building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection; Provide elements that become focal points and announce special places in the Ten Mile area (gateway & entryway corridor signs, continuous walkways, attractive streetscape design, avoid parking in front of buildings, landscaping, etc.); Architectural character should establish a clear sense of identity for each activity center through an overall palette for each commercial center while maintaining a degree of individuality for each building. The palette should address and coordinate key elements such as materials (walls, roofs, key architectural elements), and colors, etc.; Low-rise buildings of 2-4 stories over much of the area is recommended with opportunities for taller buildings in a few locations; For streets & block fronts where commercial uses and pedestrian activity are most desired, it is recommended that sidewalks be lined with shops, restaurants, and galleries and that buildings be designed with multiple sidewalk entries, generously -scaled display and transom windows, pedestrianscaled signs and banners, and awnings or canopies for sun shading, TM Crossing — MDA H-2016-0054 7 EXHIBIT A Signs should be designed to contribute to the overall character, identity and way finding system. Signs should be compatible with the architecture of the buildings and businesses they identify in colors, materials, sizes, shapes, and lighting. Public art that contributes to the character and identity of the City should be incorporated into the development in the design of sireetscapes, plazas, public spaces associated with buildings, etc. Art should be easily visible to the public (e.g. on the exterior of buildings rather than in lobbies, or visible from the street or publicly accessible open spaces rather than interior courtyards). Four-sided architecture is important where appropriate; Public spaces and linkages should be clearly defined. i. All street names within the subdivision shall be approved by the Street Name Committee (or Planning Commission, as applicable) prior to final plat approval. j. If the property owner to the north (Parcel ##S1214233665) is prepared to participate in the dedication of right-of-way and the .cost of construction on a 50150 basis at the time of construction, the subject property owner shall construct the roundabout at the north boundary of the site with the first phase of development; or, If the property owner to the north is not prepared to participate at the time of development of the subject property, the subject property owner shall: design the roundabout so that right-of-way boundaries are determined, but design and construct the road without the roundabout, including interim connections to service drives. dedicate right-of-way on the subject property for the future roundabout and submit funds to ACRD for the construction cost of the roundabout, less design costs, and design and construction costs for the interim street section. At the time the property owner to the north plats any portion of the adjacent property, that owner would be obligated to construct a full roundabout, including modifications to any interim access points. TM Crossing — MDA H-2016-0054 9 EXHIBIT A Exhibit A.3: Approved Conceptual Development Plan! (dated: 8/15/12) I ELD�ri'- 3 N - O NX hrITT tl � C I ` t • I n II C xL CO I i — �Y t" •I�l 1 i y ..m mr F C : a I pli"T'-.-- - ! �flJjj} _ _ •--------------- `II I: -- � � � � � � �.. � ��e � r���,rrr .,te■ �s I. I .� I -�I .� .�. - jil, a � YJ Lf- 1,- -__Iy ��„)I s�l 1uliLl`�IJI LrL '0 L_ --- -4 0l47k ITT- F,FF PI rmR ANNIMS __ rnv+ailY..YP �.rw.ul - k—rf/ff/ r/i�/rQ/rrr/hhfn7■/"�Y/1i1ri'�rGr�7/1■lr�` v INTERSTATE I-84 �" A --- -- -- Proposed Concept Site Pian §P1 .00 TM Crossing — MDA H-2016-0054 9 EXHIBIT A Exhibit A.4: Proposed Development Plan for Phase 1 (dated: 4/12116) Lt�tNU NO- F APT.. wa.RlvFnlc HQRRQCKS TNI CROSSING - ^N 6 7 i m �� H�v - r 8 7V 4 A R S ". SITE LS.YWTEXHIBIT EXHIBIT1 TM Crossing; — MDA H-2016-0054 10 ------- v`_ �t� - Td � '+r{ ❑� `i+A_E<I i - r-. .' .. J1J _ .. rz .. .- u ._E<� .rn.. "t -. •• ,.,...� Jc ' 1 I E:+a:}s_ ,_mss. t ----- i NOT4 PART k fl v ` 1 �n OFF PAJ,,p may.' 4 INMIRFTATF 84 wa.RlvFnlc HQRRQCKS TNI CROSSING - ^N 6 7 i m �� H�v - r 8 7V 4 A R S ". SITE LS.YWTEXHIBIT EXHIBIT1 TM Crossing; — MDA H-2016-0054 10