Paramount Sub MDA-13-010CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
`(~E IDR IAN~-
~J
In the Matter of the Request for an Amendment to the Development Agreement for Paramount
Subdivision, Located South of W. Chinden Boulevard, West of N. Meridian Road, North of W.
McMillan Road and East of N. Linder Road, by Brighton Development, Inc.
Case No(s). MDA-13-010
For the City Council Hearing Date of: June 4, 2013 (Findings on June 18, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 4, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 4, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 4, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 4, 2013, 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-SA.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-010
-1-
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
Planning 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 June 4, 2013, 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-SA 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 attached Staff Report for the hearing date of June 4, 2013, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration:
The development agreement shall be signed by the property owner(s) and returned to the City within
two (2) years of the City Council granting the modification (UDC 11-SB-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 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 June 4, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-010
-2-
By action of the City Council at its regular meeting held on the
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
City
----~ day of ~-'
V OTED
VOTED__~~~
VOTED
VOTED__ (~
VOTED
Mayor Ta~am ~ de Weerd
a
~4tOC'ATI;DAL;4•Cs
J ly
~.lX~' pf ~W
..~ E IDEA N~
;~ 4Dpt{q
m
~' a
~~yr , ti
Copy served upon Applicant, The
Public Works Deparhnent and City Attorney.
B Dated: w ne. t 9,~ v 13
City le c's ice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-010
-3-
EXHIBIT A
STAFF REPORT Hearing Date: June 4, 2013
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: MDA-13-010 -Paramount Subdivision
E IDIAN~-
IDAHO
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Brighton Development, Inc., requests approval to amend the existing development
agreement (MDA) for Paramount Subdivision. The development agreement (DA) currently limits the
number of single-family building lots, townhouse and apartment units, the amount of office and retail
square footage, and the number of common lots. The applicant's request is to update the DA to focus on
allowed uses within the subdivision rather than specific numbers. See Section VII Analysis for more
information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the changes shown in Exhibit A.2, attached.
~_ ummarv of City Council Public Hearing:
1~ In favor: Mike Wardle
11. In onnosition: None
lii. Commenting: Cram Franks
lY~ Written testimony: Mike Wardle
~ taff nresentin~ annlication: onva Watter
yi, Qther staff commentinP on annlication: None
1n ev Issues of Discussion by Council:
~ None
~, ev Council han a to taff/ .nmmissinn R .enmmendatio
- L None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-13-010 as
presented in the staff report for the hearing date of June 4, 2013, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-13-010 as presented
during the hearing on June 4, 2013, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number MDA-13-010 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
Paramount Sub MDA-13-010
EXHIBIT A
The subject property is located south of W. Chinden Blvd, west of N. Meridian Road, north of W.
McMillan Road and east of N. Linder Road, in Section 25, Township 4N., Range 1 W.
B. Owner(s):
Brighton Development, Inc.
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
C. Applicant:
Same as owner
D. Representative:
Michael Wardle
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: Apri129, and May 13, 2013
C. Radius notices mailed to properties within 300 feet on: Apri125, 2013
D. Applicant posted notice on site by: May 24, 2013
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property is currently in the development process. There
are existing and future residential homes and office and commercial uses internal as well as external to
this property. The overall site consists of a mix of zoning districts (i.e. R-8, L-O, C-G, and R-40).
B. Character of Surrounding Area and Adjacent Land Use and Zoning: A mix of residential, office, and
commercial uses surround this site with various zoning designations.
C. History of Previous Actions:
• In 2003, the following applications were approved for Paramount Subdivision:
- Annexation and zoning (AZ-03-006) of 397.11 acres of land with R-8, R-40, L-O and C-G
zones. A development agreement (DA) was required as a provision of annexation, recorded
as Instrument No. 103137116;
- Preliminary plat (PP-03-004) consisting of 764 building lots on 397.11 acres of land; and
- Conditional use permit (CUP-03-008) for a planned development which included a request
for a land use exception for office/commercial uses in the R-8 zoning district.
• In 2007, a modification to the DA (MI-07-007, Paramount Commercial Southwest) was approved
and recorded as Instrument No. 107145935.
• In 2008, a modification to the DA (MDA-08-001) was approved and recorded as Instrument No.
108108427.
Paramount Sub MDA-13-010
EXHIBIT A
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: NA
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: NA
3. Flood Plain: NA
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant proposes and amendment to the existing Development Agreement (DA) (Instrument No.
103137116), which currently restricts development to a certain number of building lots, common lots,
dwelling units, and square footage of commercial space to remove specific numbers of each.
The reason for the change is the initial application did not account for the annexed areas that were not
preliminary platted or that were subsequently acquired and added to the project, nor changes made due
to market changes. Therefore, the proposed modification deletes the referenced numbers and focuses on
the allowed uses within the various zoning designations.
The full text of the amended DA submitted by the applicant is included in the application documents.
Staff has included the portion of the agreement that is proposed to be amended in Exhibit A.2 with the
text to be deleted in strike-out format and the proposed text to be added in underline format Staff is
supportive of the changes to the DA requested by the applicant.
VIII. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Amendment to Development Agreement
Paramount Sub MDA-13-010 3
EXHIBIT A
Exhibit A.1: Vicinity Map
Paramount Sub MDA-13-O10
EXHIBIT A
Exhibit A.2: Proposed Amendment to Development Agreement
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's"
Unified Development Code codified as Meridian City Code Section ~1-~-~
~, ~', r', ~~a Tr` 11-2A and 11-2B which are herein specified as follows:
Construction and development of a ply development consisting of -~b4 single family
building lots, ~ townhouse lots, ~8 apartments, mixed--use areas with
office and retail space, and ~ common lots ^ ° ~~'. " ^~°~° in p~epeses~R-8, R-
40, L-O, C-C, TN-C and C-G zones.
4.2 No change in the uses specified in this Agreement shall be allowed without modification of this
Agreement.
Paramount Sub MDA-13-010