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TM Creek MDA H-2016-0067ADA COUNTY RECORDER Christopher D. Rich 2016-073497 BOISE IDAHO Pgs=12 BONNIE 08/11/2016 08:34 AM MERIDIAN CITY NO FEE II"'llllll t'� I IIII'IIIII IIII'll III'llllllll I'll 00259339201600734970120120 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. SCS Brighton, LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this I ' day of AckuS l , 2016, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and SCS Brighton, LLC, ("OWNER/DEVELOPER"), whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on June 12, 2014 in the real property records of Ada County as Instrument No. 114045759 ("DEVELOPMENT AGREEMENT") B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows to include the underlined language: The Findings attached to the original Development Agreement (Instrument # 114045 759) as Exhibit B shall be modified to include changes to Condition 2.2.9 as follows: Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by 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 buildingpermit is allowed prior to recordation of a final plat for the phase in which it is located as approved with H-2016-0067. The Findings for this project (MDA 2016-0067) are attached hereto as Exhibit A. ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2016-0067 Page 1 of 4 2. That Owner/Developer agrees to abide by all ordinances ofthe City ofMeridian and the Property shall be subj ect 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 determined 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. 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 the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendum, all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2016-0067 Page 2 of 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN de Weerd ATTEST: kt, cuvorWE IDIAN�Y. -4 IOANOHJaycee . olman, City Clerk SEAL. ADDENDUM TO DEVELOPMENT AGREEMENT -TM CREEK - MDA H 2016-0067 Page 3 of 4 STATE OF IDAHO . ss: County of Ada, On this 2 J day of J 1 , 2016, before me, the undersigned, a Notary Public in and for said State, personally appearedriGtCQ. I� , known or identified to me to be the m , bYt f SCS Brighton, LLC, and acknowledged tome that he executed the same on behalf E of said ompan . IN WITNESS WHEREOF, I have hereunto set in this certificate first above written. (SEAL) EN07�AMANDA Y A 1'�'ARY .. STATE OF IDAHO : ss N hand and affixed my official seal the day and year Public for Residing at: My Commission Expires: County of Ada ) On this day of U. ► , 2016, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •• FIN • • 4 + 'O• • _-- � ••• STATE 0 •' •44.406000 AL'-'- E-, 1��- Notary Public for Idaho p Residing at: cats Commission expie : 6, ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2016-0067 Page 4 of 4 Exhibit A CITY OF MERIDIAN IIDIAN"',FINDINGS OF FACT, CONCLUSIONS OF LAW awl AND DECISION & ORDER x , 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 SCSBrighton, 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 l 1 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 § 71-5A. 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 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 1 - 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 1 l -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 11-513-317). 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 11-513-3F). 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 (28) days after the final decision concerning the clatter 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 - 2 - By action of the City Council at its regular meeting held on the �1 day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED_!?A., C COUNCIL MEMBER ANNE LITTLE ROBERTS VOTEDg4e_ COUNCIL MEMBER TY PALMER VOTED ­12,,C COUNCIL MEMBER LUKE CAVENER VOTEDLILA Q- COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) or Ta e Weerd o�°K�p nuc�sr� r 044 94+ Attest: tDIAN�' IDAHO a. w Jacy J nes City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: /13 b CityClerk's O i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0067 ' 3 EXHIBIT A STAFF REPORT HEADING DATE: June 28, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: TM Creek — MDA H-2016-0067 T. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, SCS Brighton, LLC, requests a modificationto 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 IXAnalysis 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 thepublic hearing, the oun i approved the subject MDA i eaue t .a, ,Summary of City Council Public Hearing: L_ In favor: Mike Wardle, Applicant's Rem•esentative I In opposition: None i Li Commenting: None iy, Written testimony: Mike Wardle, Applicant's Representative fin agreement with the taf rt y. Staff presenting application: Sonya Watters yat Other staff commenting on application: None. b_ Key issue(s) of Public Testimony: L None c 16ai Issues of Discussion by Council: L None I Key Council Changes to Staff/Commission Recommendatio L None I1I. 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.) TMCreek — MDA H-2016-0067 EXHIBIT A 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. ''/4 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: Apicultural 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. TM Creek — MDA H-2016-0067 EXHIBIT A 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 commeicially .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 TM Creek --MDA H-2016-0067 EXHIBIT A Exhibit A.l: Vicinity/Zoning Map TM Creek — MDA H-2016-0067 EXHIBIT A Exhibit A.2: Proposed Changes to the Development Agreement Page 2 of the Development Agreement 1,7 WHEREAS, City Council, the 1" 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 "13"; and Condition #2.29 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 Plato for this subdivision shall be recorded, prior to applying for building permits, provided however, that one building Permit is allowed prior to recordation ofa -final plat for the phase in which it is located as approved with H-2016-0067. TM Creek — MDA H-2016-0067