TM Crossing Expansion (H-2018-0122) AZADA COUNTY RECORDER Phil McGrane 2019-011700
BOISE IDAHO Pgs=37 LISA BATT 02/13/2019 01:37 PM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIES: 1. City of Meridian
2. SCS Brighton, LLC, Owner
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this _AZ"I day of_ebqAOL��, 2019, by and between City of Meridian, a municipal
corporation of the State fter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and SCS Brighton, LLC, whose address is 12601 W. Explorer Drive, #200,
Boise, ID 83713, hereinafter called OWNER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain 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 make a written
commitment concerning the use or development of the subject Property; and
1.3 WHERE AS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner has submitted an application for annexation and zoning
of 1.682 acres of land to the C -G (General Retail and Set -vice Commercial)
zoning district, 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 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
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express or implied, between Owner 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 of the 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]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
SCS Brighton, LLC
By:
CITY OF MERIDIAN
By:
Mayor T de Weerd
ED AUGUST
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cilly of ow TTEST:
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IDAHH
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Cole4lCity C
DEVELOPMENT AGREEMENT — TM CROSSING EXPANSION (H-2018-0122) PAGE 7 OF 8
STATE OF IDAHO
ss:
County of Ada, )
On this i day of A41 u ff'' ' U , 2019, before me, the undersigned, a Notary Public in and for said
State, personally appeared I k ' V" known or identified to me to be the
& & UL"' gy of SCS Brighton, LLC, the person who signed above and acknowledged to me that he
executed the same' a on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set y hand and of rxed mymf�F�'ay and year in this
certificate first above written.
(SEAL
AMANDA 7#29M8
Nota Public for Idaho
COMMISSIONResiding at: q%fYNOTARYMy Commission Expires: STATE OMY COMMISSION E
STATE OF IDAHO
ss
County of Ada
On this 'L day off �►� Uf , 2019, before me, a Notary Public, personally appeared
Tammy de Weerd and C.Jay Coles, know or identillid 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 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.
(SECHARLENE WAY
COMMISSION #67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128/22
Notary Pub]]c fo d o
Residing at:
Commission expires: -`�.$ "a021a
DEVELOPMENT AGREEMENT -TM CROSSING EXPANSION (H-2018-0122) PAGE 8 OF 8
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0122 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 1.68 Acres of Land with a C-G Zoning
District for TM Crossing Expansion, by SCS Brighton, LLC.
Case No(s). H-2018-0122
For the City Council Hearing Date of: January 2, 2019 (Findings on January 15, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 2, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 2, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 2, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 2, 2019, 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 January 2, 2019, incorporated by reference. The conditions are concluded to be
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EXHIBIT B
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0122 - 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 Annexation and Zoning is hereby approved with the requirement of
a Development Agreement per the provisions in the Staff Report for the hearing date of January
2, 2019, 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 January 2, 2019
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By action of the City Council at its regular meeting held on the
2019.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
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Mayor
Attest:
C.J oles
City Clerk
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: a aAL N Dated: 1 5 — z0A -1
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0122 -3 -
T m trot& n q
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Page 1
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: January 2, 2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-489-0578
SUBJECT: H-2018-0122
TM Crossing Expansion
PROPERTY LOCATION:
East of S. Ten Mile Rd. on the north side
of I-84, in the SW ¼ of Section 14, T.3N.,
R.1W. (Parcel #R7192800750)
I. PROJECT DESCRIPTION
Annexation and zoning of 1.68 acres of land with a C-G zoning district for expansion of the TM
Crossing site to allow additional parking to be provided in a future development phase.
II. SUMMARY OF REPORT
A. Project Summary
Details Page
Acreage 1.68
Future Land Use Designation Low Density Residential (LDR)
Existing Land Use Vacant/undeveloped (pasture)
Proposed Land Use(s) NA (floating adjacent Commercial FLUM designation)
Current Zoning R1 in Ada County
Proposed Zoning C-G
Physical Features (waterways,
hazards, flood plain, hillside)
Purdam Gulch Drain runs along southern boundary of site
History (previous approvals) Un-numbered lot in Primrose Sub. designated “public use area”
B. Community Metrics
Details Page
ACHD report (yes/no)
Requires ACHD
Commission Action
yes/no)
Yes
No
EXHIBIT A
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Details Page
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
Access via the TM Crossing development; emergency access
via W. Verbena Dr. (no public street access proposed)
Stub Street/Interconnectivity/Cross
Access
Cross-access with adjacent property to west (i.e. TM
Crossing)
C. Project Area Maps
Future Land Use Map Aerial Map
III. APPLICANT INFORMATION
A. Applicant: SCS Brighton, LLC – 12601 W. Explorer Dr., #200, Boise, ID 83713
B. Owner: Same as Applicant
C. Representative: Mike Wardle, Brighton Corporation – 12601 W. Explorer Dr., #200, Boise, ID
83713
IV. NOTICING
A. Newspaper notification published on: November 16, 2018
B. Radius notice mailed to properties within 300 feet on: November 13, 2018
C. Applicant posted notice on site on: November 21, 2018
D. Next door posting: November 13, 2018
E. Neighbor meeting date and number of attendees: September 27, 2018; 9 attendees + Applicant
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V. STAFF ANALYSIS
The proposed annexation area is within the Area of City Impact boundary and is contiguous to land
that has already been annexed into the City. A legal description for the area proposed to be annexed is
included in Section VII, Exhibit A.
The site consists of land included in the Primrose Subdivision plat designated as a public use area but
never developed as such; the site has been being used as a pasture and contains no structures. In 1979,
the Meridian City Council vacated the public use area designation on the plat (Ordinance #352). An
Affidavit Authorizing Change to Official Plat Record was recorded on September 14, 2018 as
Instrument No. 2018-087272, to remove the “public use area” notation on the plat.
The Comprehensive Plan Future Land Use Map (FLUM) designation for this site is Low Density
Residential (LDR), which allows residential densities of 3 or fewer units per acre. The adjacent
property to the west is designated Commercial. Because FLUM designations are approximate and not
necessarily parcel specific, the Applicant requests the adjacent Commercial designation be allowed to
float” to this property without an amendment to the FLUM. With this request, Staff recommended
the Applicant submit letters of support from abutting affected property owners (i.e. Atwood’s,
Hennis’, Plummer’s), which the Applicant has done (see Section VII, Exhibit C). The Applicant
submitted two (2) options to these property owners for landscape buffers adjacent to their properties;
Option 1, which consists of a 25-foot wide buffer with 6-foot tall fence on the property line consistent
with UDC Table 11-2B-3, was chosen by all (see Section VII, Exhibit D). Landscaping within this
buffer should be provided with development of the site in accord with the standards listed in UDC 11-
3B-9C. The buffer (or right-of-way along the north boundary) should facilitate pedestrian
access from the residential to the abutting commercial development as set forth in UDC 11-3B-
9C.3.
Once annexed, the property will be improved as a parking area to serve a future development phase
i.e. professional offices) in the adjacent TM Crossing commercial development to the west; a
conceptual development plan is included in Section VII, Exhibit B. The UDC (Table 11-2B-2) allows
parking facilities as a principal permitted use in the C-G district; future development must comply
with the dimensional standards listed in UDC Table 11-2B-3 for the C-G district and the parking
standards listed in UDC 11-3C-5. A continuous pedestrian walkway that is a minimum 5 feet in
width should be provided from the parking lot to the main building entrance in accord with
UDC 11-3A-19B.4.
There is existing unimproved dedicated right-of-way (ROW), 25-feet wide, adjacent to the north
boundary of the site. The Applicant proposes to provide an emergency only access to the TM
Crossing site from this ROW via W. Verbena Dr. as contemplated with TM Crossing subdivision.
Access is proposed via a driveway from the west from Navigator Dr. within the TM Crossing
development; public access via W. Verbena Dr. is not proposed or required at this time. If at some
point in the future the adjacent homes to the north and east redevelop commercially and the 25-
foot wide right-of-way depicted on the Primrose subdivision plat on the adjacent property to
the north is dedicated, a public street connection may occur at that time.
This site is separated from I-84 by a 15’ wide sliver of land, under different ownership, where the
Purdam Gulch Drain is located that appears to be a remnant of land leftover when the interstate was
widened. The UDC (Table 11-2B-3) requires a 50-foot wide street buffer to be provided on properties
adjacent to Interstate 84 landscaped in accord with the standards listed in UDC 11-3B-7C consistent
with the Comprehensive Plan (#3.06.02F), which requires appropriate landscaping and buffers along
transportation corridors. Although this property doesn’t directly abut I-84, there is not sufficient
depth on that property to provide the required buffer and it’s not likely to be improved since
it’s not part of a larger parcel. For this reason, staff recommends a minimum 35-foot wide
street buffer is provided on this site as a provision of annexation. Additionally, Staff
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recommends the multi-use pathway within the street buffer along I-84 on the adjacent property
to the west is extended across this site within the buffer to the east boundary of the site.
The City may require a Development Agreement (DA) in conjunction with an annexation and zoning
request pursuant to Idaho Code section 67-6511A. In order to ensure compliance with Staff’s
recommendation associated with this application, staff recommends a DA is required with the
provisions included in Exhibit VIII.
Prior to development, an application for Certificate of Zoning Compliance and Administrative design
review is required to be submitted for the proposed parking area to ensure compliance with the DA
provisions in this report and UDC standards.
VI. DECISION
A. Staff: Staff recommends approval of the proposed annexation and zoning application per the
Findings in Section IX with the requirement of a Development Agreement including the
provisions in Section VIII.
B. Commission:
The Meridian Planning & Zoning Commission heard this item on December 6, 2018. At the
public hearing, the Commission moved to recommend approval of the subject AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Mike Wardle
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Mike Wardle, Applicant (in agreement with staff report)
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 Commission:
i. None
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
C. City Council
The Meridian City Council heard these items on January 2, 2019. At the public hearing, the
Council approved the subject AZ request.
a. Summary of City Council Public Hearing:
i. In favor: Mike Wardle, Brighton Corp.
ii. In opposition: Denise LaFever
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony: None
c. Key Issues of Discussion by Council: None
d. Key Council Changes to Commission Recommendation: None
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VII. EXHIBITS
A. Legal Description & Exhibit Map
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B: Conceptual Development Plan
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Exhibit C: Support from Abutting Property Owners
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Exhibit D: Landscape Buffer to Abutting Residential Properties
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
A Development Agreement (DA) is required as a provision of annexation of this
property. Prior to approval of the annexation ordinance, a DA shall be entered into
between the City of Meridian, the property owner(s) at the time of annexation
ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division
prior to commencement of the DA. The DA shall be signed by the property owner and
returned to the Planning Division within six (6) months of the City Council granting
the annexation. The DA shall, at minimum, incorporate the following provisions:
1. Future development of this site shall be generally consistent with the conceptual
development plan included in Section VII, Exhibit B and the provisions contained
herein.
2. A Certificate of Zoning Compliance and Administrative Design Review application
is required to be submitted and approved for the proposed parking lot expansion
area prior to construction. The site and landscape plans submitted with those
applications shall include the following:
a. A 25-foot wide buffer as set forth in UDC Table 11-2B-3, landscaped in accord
with the standards listed in UDC 11-3B-9C, shall be provided along the north
and east property boundaries of the site with a 6-foot tall privacy fence on these
property lines as committed by the Applicant to the property owners of Parcels
R7192800490, #R7192800480 & #R7192800470, as shown in Section VII,
Exhibit D.
b. A minimum 35-foot wide street buffer with a 10-foot wide multi-use pathway
shall be provided along Interstate 84, landscaped in accord with the standards
listed in UDC 11-3B-7C.
c. If at some point in the future the adjacent homes to the north and east redevelop
commercially and the 25-foot wide right-of-way depicted on the Primrose
subdivision plat on the adjacent property to the north (Lot 7, Block 3) is
dedicated, a public street connection may be required at that time.
d. A pedestrian connection shall be provided from the residential neighborhood
i.e. Primrose Subdivision) to the commercial development to the west in
accord with UDC 11-3B-9C.3. The location of the pedestrian connection may
be within the right-of-way adjacent to the north property boundary.
e. A continuous pedestrian walkway that is a minimum 5 feet in width shall be
provided from the parking lot to the main building entrance in accord with
UDC 11-3A-19B.4.
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B. IDAHO TRANSPORTATION DEPARTMENT (ITD)
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C. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
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D. NAMPA & MERIDIAN IRRIGATION DISTRICT
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E. ADA COUNTY HIGHWAY DISTRICT (ACHD)
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IX. FINDINGS
1. ANNEXATION & ZONING (UDC 11-5B-3E)
Upon recommendation from the Commission, the Council shall make a full
investigation and shall, at the public hearing, review the application. In order to
grant a rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the
Comprehensive Plan;
The City Council finds that the proposed map amendment to the C-G zoning
district is consistent with the Comprehensive Plan FLUM designation of
Commercial that is being “floated” to this site from the adjacent property to the
west. (See section V above for more information.)
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The City Council finds that the proposed map amendment to the C-G zoning
district is consistent with the purpose statement of the commercial district per UDC
11-2B-1.
c. The map amendment shall not be materially detrimental to the public health,
safety, and welfare;
The City Council finds that the proposed zoning amendment should not be
detrimental to the public health, safety, or welfare. The abutting neighbors have
submitted letters in support of the proposed map amendment.
d. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any
adverse impact upon the delivery of services by any political subdivision providing
services to this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The City Council finds the proposed annexation of this property is in the best
interest of the City.
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