TM Crossing H-2017-0027CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0027 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Modification to the Development Agreement to Modify the Phase
I Boundary to Include Additional Area, by Brighton Investments et al.
Case No(s). H-2017-0027
For the City Council Hearing Date of: April 4, 2017 (Findings on April 18, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 4, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 4, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 4, 2017,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 4, 2017, 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 4, 2017, incorporated by reference. The conditions are concluded to be
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0027 - 2 -
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 April 4, 2017, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
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.
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.
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 April 4, 2017
By action of the City Council at its regular meeting held on the / day of AP +rl L
2017.
COUNCIL PRESIDENT KEITH BIRD VOTED —
COUNCIL VICE PRESIDENT JOE BORTON VOTED e
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED I
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
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Mayor Tarin Weerd
Attest:
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C. y Col mo ����°,�i� `'
City Clerk /
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:� Dated: ( V 2/7
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0027 - 3 -
EXHIBIT A
TM Crossing – MDA H-2017-0027 1
STAFF REPORT
HEARING DATE: April 4, 2017
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
SUBJECT: TM Crossing – MDA H-2017-0027
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Brighton Investments et al, requests an amendment to the existing development agreement
(MDA) (Instrument #114002254 & 2016-062220) to modify the Phase I boundary to include additional
area. This will facilitate the third building permit being issued in Phase I as allowed in the development
agreement prior to recordation of the plat. 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 April 4, 2017. 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 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-2017-0027 as
presented in the staff report for the hearing date of April 4, 2017, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2017-0027 as presented during
the hearing on April 4, 2017, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0027 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 Crossing – MDA H-2017-0027 2
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 ¼ of Section 14, Township 3N., Range 1W.
B. Owner:
Brighton Investments et al
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: March 17, 2017
C. Radius notices mailed to properties within 300 feet on: March 8, 2017
D. Applicant posted notice on site by: March 22, 2017
VI. LAND USE
A. Existing Land Use(s): This property consists of land that is currently in the development process.
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 R1 in Ada County
C. History of Previous Actions:
In 2012, a Comprehensive Plan Map Amendment (CPAM-12-001) was approved that changed the
future land use map (FLUM) designation on this property from Lifestyle Center (LC), Medium
High-Density Residential (MHDR), and High Density Employment (HDE) 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
EXHIBIT A
TM Crossing – MDA H-2017-0027 3
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-14-001) was approved by the Director to obtain the City
Engineer’s signature on the final plat, to expire on October 2, 2016. The final plat has not yet been
signed by the City Engineer or recorded.
In 2016, a modification to the development agreement (H-2016-0054) was approved that allowed
up to 3 building permits to be issued in Phase I prior to recordation of the plat (recorded as Inst.
#2016-062220).
VII. ANALYSIS
The applicant requests an amendment to the Development Agreement (DA) (Inst. #2016-062220) to
modify the phasing plan included in Exhibit A.4 of Exhibit A of the DA to include additional area,
which is currently in the Phase II boundary, to be included in the boundary of Phase I.
Per the current DA, the applicant is allowed to obtain up to 3 building permits in Phase I prior to
recordation of the plat. The applicant has already obtained 2 building permits and wishes to acquire a
third permit for the Paylocity building. The addition of this area in the Phase I boundary will allow the
applicant to proceed forward with a building permit while the final plat for Phase II is being processed.
The new Phase II plat boundary will include all of the additional area proposed to be included in the
Phase I site plan boundary in the DA. Without approval of the subject modification, the plat for Phase II
would need to be recorded prior to issuance of a building permit for the Paylocity building.
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 Modified Phasing Plan for Phase I
EXHIBIT A
TM Crossing – MDA H-2017-0027 4
Exhibit A.1: Vicinity/Zoning Map
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EXHIBIT A
TM Crossing – MDA H-2017-0027 5
Exhibit A.2: Proposed Modified Phasing Plan for Phase I