Z - Findings SignedCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0103 - 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 for Calderwood
Business Park to allow for minor vehicle repair and to modify certain other provisions of the
development agreement, by Jeff Likes, ALC Architecture.
Case No(s). H-2018-0103
For the City Council Hearing Date of: October 16, 2018 (Findings on November 7, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 16, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 16, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 16,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 16, 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.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0103 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 16, 2018, 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 Development Agreement is hereby approved
per the provisions in the Staff Report for the hearing date of October 16, 2018, 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 October 16, 2018
Meridian City Council Meeting Agenda November 7, 2018 – Page 149 of 520
By action of the City Council at its regular meeting held on the day of I V V Pi ,
2018.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED \A-6
COUNCIL MEMBER TY PALMER VOTED *6� t
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tam t^eerd
Attest:
01y or w
x E IDIAN�.
C.J Coles
City Clerk �2r'� SEAL
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: 1_ 1-
S
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0103 -3-
CaLder0occi
Exhibit A
Page 1
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: October 16, 2018
TO: City Council
FROM: Josh Beach, Associate City Planner
208-489-0578
SUBJECT: H-2018-0103
Calderwood Business Park MDA
PROPERTY LOCATION:
Southeast corner of S. Meridian Road
and E. Calderwood Drive, in the NW ¼
of Section 19, T.3N., R.1E.
I. PROJECT DESCRIPTION
Request for a modification to an existing development agreement to allow for minor vehicle repair
uses on the subject property.
II. SUMMARY OF REPORT
A. Project Summary
Details Page
Acreage 4.08
Future Land Use Designation MDR (Medium Density Residential)
Existing Land Use Retail, Office, Vacant
Proposed Land Use(s) Retail and Office and Minor Vehicle Repair
Current Zoning C-G and L-O
Proposed Zoning C-G and L-O
Physical Features (waterways,
hazards, flood plain, hillside)
None
History (previous approvals) RZ-04-009, PP-04-023, CUP-04-025, FP-04-067, RZ-15-002,
MCU-15-001 and VAC-15-002
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Page 2
B. Project Area Maps
Zoning Map
Aerial Map
III. APPLICANT INFORMATION
A. Applicant: Jeff Likes, ALC Architecture 1119 E. State #120 Eagle, ID 83616
B. Owner: GGR, LLC PO Box 2579 Eagle, ID 83616
C. Representative: Jeff Likes, ALC Architecture
IV. NOTICING
A. Newspaper notification published on: September 28, 2018
B. Radius notice mailed to properties within 300 feet on: September 21, 2018
C. Applicant posted notice on site on: October 5, 2018
D. Next door posting: September 25, 2018
E. Neighborhood meeting date and number of attendees: June 18, 2018; 7 attendees
V. STAFF ANALYSIS
The applicant wishes to modify the original development agreement to allow for minor vehicle repair
within the development. With the current DA (Instrument # 2015-043235), the Council approved a
conceptual development plan and specifically disallowed several uses that would otherwise be
allowed within the C-G and L-O zoning districts. Minor Vehicle Repair was one of the uses
specifically prohibited within the development due to the close proximity of residential uses.
The previously approved concept plan depicts three office pads, three commercial pads and one drive-
through pad. The drive-through pad has since developed as a Dutch Bros coffee kiosk. The concept
plan is not being modified as part of this application, however, the applicant wants to be allowed to
have minor vehicle repair allowed within the development agreement.
The original DA limits the uses in the development because of the proximity to sensitive residential
areas such as the residential care facility further to the east. Staff is of the opinion that the C-G
portion of the development is far enough (approximately 193 feet) from the care facility that allowing
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Page 3
the remainder of the previously prohibited uses will not adversely impact the residential areas
surrounding the development.
In addition to the 193 foot distance between the two uses, there is also a drive aisle, two five foot
landscape buffers, several buildings and a public street between them. Admittedly, there is a
residential property that abuts the south side of the proposed minor vehicle repair use, but the
overhead doors will face north, and the applicant is required to install a 25 foot landscape buffer to
the south, so any sound impacts should be minimal.
The proposal to change the previously prohibited uses a permitted only applies to the C-G zoning
designation. The previously prohibited uses would remain as prohibited in the L-O zoning
designation.
Allowing minor vehicle repair within the development would still require the applicant to obtain a
certificate of zoning compliance and administrative design review approvals, both administrative-
level applications, prior to obtaining a building permit.
Lastly, there was a property boundary adjustment (PBA) application submitted to modify the parcel
boundaries within the plat (A-2018-0241). The PBA received tentative approval from the Planning
division, however, staff has become aware that a common lot was inadvertently included in a larger
parcel. The final plat for Larkspur Subdivision No. 1 lists Lot 5, Block 1 as a common lot. In order
for the lot to be included in the larger commercial lot, the applicant will be required to receive
approval of a final plat modification to remove that lot as a required common lot for the subdivision.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed development agreement modification application as
shown in Section VIII.
B. Council:
The Meridian City Council heard this item on October 16, 2018. At the public hearing, the
Council approved the subject MDA request.
a. Summary of City Council Public Hearing:
i. In favor: Richard Wilmot (Applicant’s Representative); Bill Green Jr. (Applicant)
ii. In opposition: None
iii. Commenting: Richard Wilmot, Bill Green Jr.
iv. Written testimony: None
v. Staff presenting application: Josh Beach
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 Recommendation
i. Modify condition 5.1E as follows: Development of the subject property shall comply with
the C-G and L-O dimensional standards listed in UDC 11-2B-2. The following uses shall
not be allowed within the L-O zoning district portion of the development: except for the
following uses which are prohibited: drinking establishments, minor vehicle repair,
equipment rental, sales and service, wireless communication facility, vehicle washing facility,
fuel sales facility, outdoor recreation facility and vehicle sales and rentals.
ii. Remove condition 5.1M
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VII. EXHIBITS
A. Legal Description & Exhibit Map
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Page 5
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Page 6
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VIII. STAFF RECOMMENDED CHANGES TO THE DEVELOPMENT AGREEMENT
5. PLANNING DIVISION
5.1 Owner/Developer shall develop the property in accordance with the following
special conditions:
E. Development of the subject property shall comply with the C-G and L-O
dimensional standards listed in UDC 11-2B-2., The following uses shall not
be allowed within the L-O zoning district portion of the development:
except for the following uses which are prohibited: drinking establishments,
minor vehicle repair, equipment rental, sales and service, wireless
communication facility, vehicle washing facility, fuel sales facility, outdoor
recreation facility and vehicle sales and rentals.
M. Prior to applying for a certificate of zoning compliance for any parcel
within the new Lot 7, Block 1 as shown in Record Of Survey 11483, the
applicant shall receive approval of a final plat modification to remove Lot
5, Block 1 as a common lot within the recorded plat for Larkspur
Subdivision No. 1.
2. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=155576
3. IDAHO TRANSPORTATION DEPARTMENT (ITD)
http://weblink.meridiancity.org/weblink8/0/doc/156164/Page1.aspx
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