Z - Signed Findings Item#7.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C��fIEK
AND DECISION& ORDER
In the Matter of the Request for Modification to the Existing Development Agreement(Inst.
#2020-059662—provision #5.1g) to Allow Building Permits for the Commercial Portion of
the Development to be Issued prior to Subdivision of the Property,by Brighton Development.
Case No(s).H-2020-0080
For the City Council Hearing Date of: July 28,2020 (Findings on August 11,2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of July 28, 2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of July 28, 2020, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 28, 2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 28,2020, 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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR HILL'S CENTURY FARM NORTH—MDA H-2020-0080 - I -
Item#7.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 28,2020, 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 a modification to the existing Development Agreement(Inst.No.
2020-059662) is hereby approved per the provisions in the Staff Report for the hearing date of
July 28,2020,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 July 28,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR HILL'S CENTURY FARM NORTH—MDA H-2020-0080 -2-
Item#7.
By action of the City Council at its regular meeting held on the 1 lth day of August
2020.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 8-11-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR HILL'S CENTURY FARM NORTH—MDA H-2020-0080 -3-
Item#7.
EXHIBIT A
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 7/28/2020 Legend
DATE: ff
Projeci Lacfliar
TO: Mayor&City Council rflu
FROM: Sonya Allen,Associate Planner
208-884-5533
r
SUBJECT: H-2020-0080
x
i
Hill's Century Farm North-MDA
LOCATION: South of E. Amity Rd. &east of S. Eagle
Rd.,in the NW 1/4 of Section 33,
Township 3N.,Range 1E.
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(Inst. #2020-059662—provision#5.1 g)to
allow building permits for the commercial portion of the development to be issued prior to
subdivision of the property.
II. SUMMARY OF REPORT
A. Applicant:
Kody Daffer, Brighton Development—2929 W. Navigator Rd.,ID 83642
B. Owner:
Martin L. Hill—3675 E. Amity Rd.,Meridian, ID 83642
C. Representative:
Kody Daffer, Brighton Development—2929 W. Navigator Rd.,ID 83642
III. STAFF ANALYSIS
The Applicant proposes to amend provision#5.1g in the existing Development Agreement(DA)(Inst.
#2020-059662),to allow for building permits to be issued in the commercial portion of the development
prior to subdivision of the property as currently required.
The existing provision reads,"The annexation area shall be subdivided prior to issuance of any building
permits beyond those required for the development of the school, YMCA and park site, a wireless
communication facility, the assisted living facility, medical clinic, and the Hill's Century Farm North
community center complex on common lot 101 as shown on the revised conceptual development plan
dated October 30,2019."
Page 1
Item#7.
EXHIBIT A
The Applicant proposes the following change: "The residential portions of the annexation area shall be
subdivided prior to issuance of any building permits beyond those required for the development of
commercial uses, including but not limited to the se eel, YN4GA a-E ,.ark site a wireless
communication facility, the assisted living facility, media' eliai-e and the Hill's Century Farm North
self-service storage facility and the community center complex on common lot 101 as shown on the
revised conceptual development plan dated October 30,2019."
Because commercial property is not typically required to be subdivided prior to issuance of building
permits, Staff recommends the existing provision is stricken and alternate language is provided
instead that would simplify the requirements for subdivision of the property,which Staff believes
meets the Applicant's intended purpose, as follows: "The R-8 and R-15 zoned residential portions of
the annexation area shall be subdivided prior to issuance of any building permits beyond those
required for the community center complex on Lot 101 as shown on the revised conceptual
development plan dated October 30,2019;buildingpermit(s)for the community center complex may
be issued prior to subdivision of the property. Subdivision of the C-N and C-C zoned commercial
portions of the annexation area is not required prior to issuance of building permits."
IV. DECISION
A. Staff:
Staff recommends approval of a modification to the DA as recommended by Staff in Section V.
B. The Meridian City Council heard these items on July 28, 2020. At the public hearing.the Council
moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Mike Wardle,Brighton Corporation
b. In opposition:None
c. Commenting: James Phillips
d. Written testimony: None
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Request for mixed use development to occur on this site consistent with the MU-N
FLUM designation to provided needed services in this area.
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. None
V. EXHIBITS
A. Development Agreement Provision#5.1 g:
Existing:
"The annexation area shall be subdivided prior to issuance of any building permits beyond those
required for the development of the school,YMCA and park site, a wireless communication
facility,the assisted living facility,medical clinic,and the Hill's Century Farm North community
center complex on common lot 101 as shown on the revised conceptual development plan dated
October 30,2019."
Page 2
Item#7.
EXHIBIT A
Applicant's Proposed Change:
"The residential portions of the annexation area shall be subdivided prior to issuance of any
building permits beyond those required for the development of commercial uses, including but
not limited to , a wireless communication facility,the assisted
living facility,mediea ehake, and the Hill's Century Farm North self-service storage facili , and
the community center complex on common lot 101 as shown on the revised conceptual
development plan dated October 30, 2019."
Staffs Recommended Change:
"The a4+nexa4ion area shall be s4&vided pr-ior-to issuanee of any building pefmits beyond these,
r-e"ir-ed for-the developmen�of the sehool,]VA4GA and park site,a wireless eE)WAffUfiiea4iE)f1
faeility,the assisted living f4eility, medical elinie, and the Hill's Centuff Farm North eonununity
Oeteber-30 2019."
"The R-8 and R-15 zoned residential portions of the annexation area shall be subdivided prior to
issuance of any building permits beyond those required for the community center complex on Lot
101 as shown on the revised conceptual development plan dated October 30,2019;building
permit(s)for the community center complex may be issued prior to subdivision of the property.
Subdivision of the C-N and C-C zoned commercial portions of the annexation area is not required
prior to issuance of building permits."
Page 3