Loading...
Turf Farm Development Agreement H-2017-0149ADA COUNTY RECORDER Christopher D. Rich 2018-034522 BOISE IDAHO Pgs=15 VICTORIA BAILEY 04/18/2018 11:51 AM CITY OF MERIDIAN, IDAHO NO FEE I IJIOLVA 01 1X111 vivilml w9ur-1 ff Ii Iwo PARTIES: 1. City of Meridian 2. Brighton Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into thisday of P�Qri\ y and between City of Meridian, a municipal 1 Z01 corporation of the State of Idaho, hereafter ca d CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Brighton Investments, LLC, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, ofcertain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 35.35 acres of land with an R-8 (16.56 acres) and R-15 (18.79 acres) zoning district and a preliminary plat consisting of 158 building lots and 17 common lots, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT —TURF FARM SUBDIVISION (H-2017-0149) PAGE I OF 7 1.6 WHEREAS, the record of the proceedings for the requested annexation and preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 6th day of March, 2018, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), for the annexation and zoning of 16.56 acres of land with an R-8 zoning district and 18.794 acres of land with an R-15 zoning district and a preliminary plat consisting of 158 building lots and 17 common lots, which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City ofMeridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Brighton Investments, LLC, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. DEVELOPMENT AGREEMENT - TURF VARM Sui3mvisioN (E-2017-0149) PAGE 2 OF 7 Meridian City Council Meeting Agenda April 17, 2018 — Page 316 of 494 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcel to be annexed and zoned R-8 (Medium Density Residential) and R- 15 (Medium High Density Residential) zoning district and attached hereto and by this reference incorporated herein as if set forth at length. 4,. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development shall substantially comply with the preliminary plat, landscape plan, and building elevations included in Exhibit A and the conditions of approval associated with the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B". b. The Tenmile Creek shall remain open as a natural`,amenity and not be piped or otherwise covered in accord with UDC 11-3A-6 and shall be protected during construction. c. The Developer shall construct a 10 -foot wide multi -use pathway along the east side of this site adjacent to the Tenmile Creek in accord with the Pathways Master Plan. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning, or it is null and void. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence DEVELOPMENT AGREEMENT — TURF FARM SUBDIVISION (H-2017-0149) PAGE 3 OF 7 Meridian City Council Meeting Agenda April 17, 2018 — Page 317 of 491 and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has, occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns ofthe parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development ofthe Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances ofthe City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading ofthe Meridian Zoning Ordinance in connection with the re -zoning ofthe Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning ofthe Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT— TURF FARM SUBDIVISION (H-2017-0149) PAGE 4 OF 7 Meridian City Council Meeting Agenda April 17, 2018 — Page 318 of 491 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted bythe City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14., NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Brighton Investments, LLC 12601 W1. Explorer Drive, Ste. 200 Boise, ID 83713 with copy to: City Attorney City of Meridian 33 E. Broadway Avenueii Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section, 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as, determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this, Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any ofthe obligations hereunder shall constitute a breach ofand a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT'— TURF FARM SuBmvisioN (H-2017-0149) PAGE 50F7 Meridian City Council Meeting Agenda April 17, 2018 — Page 319 of 491 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person 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 hereof 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 Agreement ifCity, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third patty (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, 'inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, 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 Agreement 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. 21.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject Property herein provided for can be modified or amended without 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. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT - TURF FARM SUBDIVISION (H-2017-0149) PAGE 6 OF 7 Meridian City Council Meeting Agenda April 17, 2018 — Page 320 of 491 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Brighton Investments, LLC By:_ STATE OF IDAHO ss: [TEST: County of Ada, On this Oli0 YX I , 2018, before me, the undersigned, a Notary P i n and for said State, personally appeared 9114 A I , known or identified to me to be the =/ 51�-Iijy-o Brighton Investments, LLC, and acknowledged to me that he executed the same on behalf of said Corp*oration. IN WITNESS WHEREOF, I have hereunto sjt my hand a, d certi (SE F AMANDA McCUTY NOTARY PUBLIC lary Public fo Ir L B r .0 0 TAME OF IDAHO S Residing at: 1� My Commission STATE OF IDAHO ss County of Ada official seal the day and year in this On this ID day of NIDI -'k � , 2018, before me, a Notary Public, personally appeared P064W T*mmy4k,-i eerd� and C.Jay Coles, know 6r identified to me to be the -Malt and Clerk, respectively, of the City of COUr6i PmlcktnMeridian, who executed the instrument or the person that executed the instrument of 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. ' O'KaAaowq�= Notary Public f I ho Resid[ 7--n Commission expires: 3 -6to - 9,0 a D, TURF FARM SUBDIVISION (H-2017-0149) PAGE 7 OF 7 M 6" 9233 WEST STATE STREET I BOfSE,ID88714 1 20U39,6939 1 FAX 208.639.6930; lanuary22,2018 Project No. 15-147 Exhibit A R-8 Rezone Legal Description A parcel of land situated in a portion of the South 1/2 of the Southwest 114 of Section 33, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada county, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 33, which bears N01713'3701_ a distance of 2,676.15 feet from a found aluminum cap marking the Southwest corner of said Section 33; Thence following the westerly line of the Southwest 114 of said Section 33, 500*13'37"W a distance of 1,338.07 feet to a found,5/8-lnch rebar marking the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of said Section 33 {51/16 corner Sections 32 & 33) and being the POINT OF BEGINNING. Thence leaving said westerly line and following the northerly line of said Southwest 1/4 of the Southwest 1/4 and the southerly tine of Hill's Century Parm Subdivision Phase 5 (a Subdivision plat on file in Book 111, Pages 16183-16186, records of Ada County, Idaho'), 589'51'59"E a distance of 992.31 feet to a point on the centerline of Teri Mile Drain, said point being witnessed by a found 5/8 -inch rebar which bears N89*5r59"W a distance of 50.24 feet, Thence leaving said northerly line and said southerly fine and following said centerline the following two (2) courses, 1, 508045'19"E a distance of 431.55 feet; 2. 544*59'23"E a distance of 72.64 feet; Thence leaving said centerrine, 545*0037"W a distance of 163.49 feet; Thence 541907'32"W a distance of 60.11 feet-, Thence 223.80 feet along the arc of a circular curve to the right, said curve having a radius of 320.00 feet, a delta angle of 40'04'19`1 a chord bearing of 569'54'15"W and a chord distance of 219.27 feet; Thence 589*56'25"W a distance of 458,12 feet; 1963*43'43'W a distance of 66,78 feet, N89'S1'59"W a distance of 193.00 feet to the westerly line of said Southwest 114, Thence following said westerly line, N00*13'37"E a distance of 686.93 feet to the POINT OF BEGINNIN6. said parcel rezone description contains 16,560 acres, more or less, and is subject toall existing easements and/or rights of way of record or Implied. I - ZZ .2,011 ENGINEERS 1, SVRVEYORS I PLANNERS Meridian City Council Meeting Agenda April 17, 2018 — Page 322 of 491 EXHIBIT A POINT Of COMMENCEMENT NUM CAP 2k3 r W 1/4 COR. SECDONS 3 3 3 Hill's Century Farm Subdivision Phase 5 0 Z 9 F. 1233 WEST Wtr'tDA400n4 P14ONE (70816wrwo FAXtm)619two SHEET* 1 OF 1 POINT OF BECINMNG FOUND $/15 -INCH RESAR S 1/16 COR. SECTIONS 32&33 Annexation Area: 16.560± AC. Ily APN: 51133336210 (Portion) Current Zoning: RUT Proposed Zoning., R-8 CURVE TABLE tU=RADIUS'j LEN64 Dii�� I CHORD BR4 I CH RD CI 1320W 1 223.80'140`04'19' 1 569'.54-15-W 1 219,27- APN: Unplatted .R.1& RTr. -E' Lake Kozel Rd. Unplatted Not A P;zrt Unplatted (Portion) i LEGEND (9 FOUND ALUMINUM CAP (0 FOUND 5/8 -INCH REBAR CALCULATED POINT 0 150 300 600 ,REZONE BOUNDARY mmmw W!T!!n —SECTION LINE Plan Scale Exhibit B Rezone to R-8 Turf Farm Subdivision Portion of the S 1/1 of the SW 1/4 of Sec. 33, T.3N, RJE, R.M., Ada County, City of Meridlan,117 Meridian City Council Meeting Agenda April 17, 2018 - Page 323 of 491 EXHIBIT A lum9213 WEST STATE STREET I DOISEID83714 1 208.639.6939 1 PAX208.6316930 January 22, 2018 Project No. 15-147 ExhibitA R-15 Rezone Legal Description A parcel of land situated In a portion of the South 1/2 of the Southwest 114 of Section 33, Township 3 North, Range I East, Boise Meridian, Cityof Meridian, Ada county, Idaho, and being more parricularty described as follows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 33, which bean; 1400'13'37" E a distance of 2,676.15 feet from a found aluminum cap marking the Southwest corner of said Section 33; Thence following the westerly line of the Southwest 1/4 of said Section 33, $00*1337"W a distance of 1,338.07 feet to a found 5/8 -Inch rebar marking the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of said Section 33 (S 1/16 corner Sections 32 & 33); Thence following said westerly line, 500'13'37"W a distance of 686,93 feet to thePOINT Of BEGINNING. Thence leaving said westerly line, 589*51'59V'E a distance of 193.00 feet, Thence S63 '43'43"E a distance of C6.78 feet; Thence 1489'55'25"E a distance of 498.11 feet; Thence 223.80 feet along the arc of a circular curve to the lek, said curve having a radius of 32D.00 feet, a delta angle of 40*04'19", a --chord bearing of N69*54'15'E and a chord distance of 219.27 feet; Thence N4 1"07'3 2" E a distance of CO. I I feet; Thence N45'W37E a distance of 163.49 feet to a point on the centerline of Ten Mile Drain, Thence following said centerline the following two (2) courses - 1. S44'59'23E a distance of 671,36 feet, 2, 511'54'53'E a distance of 389.70 feet to the southerly line of said Southwest 2/4 of said Section 33; Thence leaving said centerline and following said southerly line, 589'56'25W a distance of 951.25 feet, Thence leaving said southerly line, N00*13'37'E a distance of $40.87 feet; Thence 589°56'25" VW a distance of A49.84 feet; Thence SOO*13'37"W a distance of 328.01 feet, -Thence 589*56'25"W a distance of 139.97 feet; Thence N48*35'56"W a distance of 170.96 feet to the westerly line of said Southwest 1/4; Thence following said westerly line, NOO*13*37E a distance of 325.09 feet to the POINT OIF BEGINNING. Said parcel rezone description contains 18-794 acres, more or less, and is subject to all existing easements and/or rights of way of record or impred. ENGINEERS I SURVEYORS I PLANNERS Meridian City Council Meeting Agenda April 17, 2018 — Page 324 of 491 EXHIBIT A (6 9233' eSTSTAIFSTAM 1003F, 10AW91114 P110m {,2081038-839 FAX (2eal 6"3a Unplatted APN: 51133336210 (Portion) Not A Part Unplatted 60.1 Annexation Area: 18.794—+ AC. APN: S1133336210 (Portion) N49],114' P Current Zoning* RUT Ar Proposed Zoning: R-15 Unplatted E. Lake Hazel CURVE TABU P0114T OF COMMENCEMENT FOUND ALUMINUM CAP .. Cl320.00'_1223.80-140-134'19 w 1/4 Cok SECTICNS 33 32 $3 Hill's Century Farm Subdivision Phase 5 POW OF BEGINNING FOUND 5/8 -INCH RE13AR COR, SECTIONS 32&i3 N �n Cis (6 9233' eSTSTAIFSTAM 1003F, 10AW91114 P110m {,2081038-839 FAX (2eal 6"3a Unplatted APN: 51133336210 (Portion) Not A Part Unplatted 60.1 Annexation Area: 18.794—+ AC. APN: S1133336210 (Portion) N49],114' P Current Zoning* RUT Ar Proposed Zoning: R-15 Unplatted E. Lake Hazel CURVE TABU €ETRADIUS I LENGTH I DFLTA I CHO;DBRG CHORD .. Cl320.00'_1223.80-140-134'19 IN89-54*15*E 2113.27' N LEGEND FOUND ALUMINUM CAP FOUND 5/6 -INCH REaAR A CALCULAIM POINT150 600 ,REZONE BOUNDARY w M 8ro— - —SECTION LINE Plan Scale Exhibit B Rezone to R-15 Turf Farm Subdivision OF :1 Portion of the 5 112 of the SW 1,14 of Set, 33, T.3N, 11.111., B.M, Ada County, City of Meddian,11) Meridian City Council Meeting Agenda April 17, 2018 - Page 325 of 491 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 35.35 Acres of Land with R-8 (16.56 Acres) and R-15 (18.79 Acres) Zoning Districts; and Preliminary Plat Consisting of 158 Single Family Residential Building Lots and 17 Common Lots on 35.35 Acres of Land for Turf Farm Subdivision, by Brighton Investments, LLC. Case No(s). H-2017-0149 For the City Council Hearing Date of. February 20, 2018 (Findings on March 6, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff'Report for the hearing date of February 20, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 20, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 20, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 20, 2018, 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 FILE NO(S). H-2017-0149 Meridian City Council Meeting Agenda April 17, 2018 — Page 326 of 491 That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 20, 2019, 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 Annexation & Zoning and Preliminary Plat is hereby approved with the requirement of a Development Agreement per the conditions of approval in the Staff Report for the hearing date of February 20, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 613-7C). 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0149 -2- Meridian City Council Meeting Agenda April 17, 2018 — Page 327 of 491 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 Taking's 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 February 20, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0149 -3- Meridian City Council Meeting Agenda April 17, 2018 — Page 328 of 491 By action of the City Council at its regular meeting held on the rl day of 2018. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED Ynt COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Ya COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTEDB4 COUNCIL MEMBER GENESIS MILAM VOTED f MAYOR TAMMY de WEERD VOTED-- (TTF. WRATCF.R) Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: ChAAjtq U)�#, Dated: q-11-19 City Clerk's Office (j ) CITY CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). 1-1-2017-0149 Ur F ftXrn -4-