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HomeMy WebLinkAbout2023-02-07 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, February 07, 2023 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 1. Public Hearing for Jennie's Retail (H-2022-0071) by Richard Wilmot, Chrysalis Architecture and Planning, located at 2365 E. Fairview Ave., near the half mile mark between N. Eagle Rd. and N. Locust Grove Rd. Approved Application Materials: https://bit.ly/H-2022-0071 A. Request: Development Agreement Modification to the existing agreement (DA Inst. #104027941) to remove the subject property from the agreement and prepare a new development agreement to allow uses in line with the existing zoning district instead of requiring a CUP for all future uses as currently required. Motion to approve made by Councilwoman Strader, Seconded by Councilwoman Perreault. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 2. Findings of Fact; Conclusions of Law for Jennie's Retail (H-2022-0071) by Richard Wilmot, Chrysalis Architecture and Planning, located at 2365 E. Fairview Ave., near the half mile mark between N. Eagle Rd. and N. Locust Grove Rd. Approved Motion to approve made by Councilwoman Strader, Seconded by Councilwoman Perreault. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener ORDINANCES \[Action Item\] 3. Ordinance No. 23-2009: An Ordinance Amending Meridian City Code Section 1-5-2 Concerning the Official Newspaper of the City of Meridian; Repealing Any Conflicting Ordinances; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 6:15 PM Meridian City Council February 7, 2023. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, February 7, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Jessica Perreault, Brad Hoaglun, Liz Strader and John Overton. Also present: Chris Johnson, Bill Nary, Stacy Hersh, Scott Colaianni and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X—Luke Cavener X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is February 7th, 2023. It is 6:02 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Tonight's invocation will be delivered by Pastor Vinnie Hanke. If you would all, please, join us in the community invocation or take this as a moment of silence and reflection. Hanke: Mr. Mayor, Members of City Council, thank you for the opportunity again to be with you and pray for you to begin your meeting. God, I thank you for the city that we live in. I thank you for its leadership here in this room, God, and in this building that give time and effort to serve its citizens. I pray that you would help them with wisdom and discernment to conduct their business tonight, that they would listen well, that they would speak wisely and that you would help us as citizens to be a city full of love for neighbor, seeking the good of the community. We pray protection over our servants on the front line, God. Our police officers or firefighters. Thank you for our teachers and our administrators across the school district here and ask that Meridian would be a shining light and example to the Treasure Valley. I ask these things for your glory and our good in Christ, amen. Meridian City Council February 7,2023 Page 2 of 8 Simison: Thank you. ADOPTION OF AGENDA Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: No changes for the agenda that has been published, so I move adoption of the agenda as published. Borton: Second. Simison: Motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALL AYES. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, do we have anyone signed up under our public forum? Johnson: Mr. Mayor, we did not. ACTION ITEMS 1. Public Hearing for Jennie's Retail (H-2022-0071) by Richard Wilmot, Chrysalis Architecture and Planning, located at 2365 E. Fairview Ave., near the half mile mark between N. Eagle Rd. and N. Locust Grove Rd . 1. Request: Development Agreement Modification to the existing agreement (DA Inst. #104027941) to remove the subject property from the agreement and prepare a new development agreement to allow uses in line with the existing zoning district instead of requiring a CUP for all future uses as currently required. Simison: Okay. Then with that we will go into Action Items. First Action Item up is a public hearing for Jenny's Retail, H-2022-0071. We will open this public hearing with staff comments from Stacy. Hersh: Good evening, Mayor and City Council Members. The applicant submitted an application for a development agreement modification to Jenny's Retail. The site consists of 1.45 acres of land and it is zoned C-G, located at 2365 East Fairview Avenue. The history on the property is in 2003 the property was annexed with a DA Meridian City Council February 7,2023 Page 3 of 8 that required all future uses to be approved through this CUP process. The Comprehensive Plan FLUM designation is mixed use community and I will go ahead and skip down to -- City Council previously approved the MDA on January 3rd and after the hearing staff discovered that the property did not include the entire boundary of the property that was part of the original DA. So, staff met with the applicant to discuss all the options. Both staff and the applicant agreed that the best course of action was to update the staff report and renotice and reschedule the project. Staff has prepared findings in the affirmative for Council's approval, since the project did not have any public testimony or Council discussion during the previous hearings. Written testimony was only from the architect in agreement with the staff's -- staff report and inclusion of the DA and the provisions and staff recommends approval and currently as of today there is no other written testimony contesting this. And that concludes the presentation and I stand for any questions. Simison: Thank you. Council, any questions for staff? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a quick question. When we originally approved the MDA was there a concept plan attached then? I'm just surprised -- I think I read in the staff report we are not recommending an attachment of the concept plan to the DA. Hersh: Mayor, Council Woman Strader, yes, the same conceptual site plan that you will see up here tonight is exactly what was part of that. The previous approval. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: And just to be clear, I just want to make sure I understand that is staff recommending that we do include the concept plan as a part of the DA or not? Hersh: Mr. Mayor, Council Woman Strader, yes, we are and we also have added -- if you see below staff's recommended changes to the development agreement, adding these two provisions and the remaining part of the development agreement stays as is. Strader: Thank you. Simison: Council, any additional questions for staff? Is the applicant here? It looks like they are online this evening. McAnulty: All right. I think I'm unmated. Am I good? Simison: Yes. If you would state your name and address for the record, please. Meridian City Council February 7,2023 Page 4 of 8 McAnulty: It is Matt McAnulty with Chrysalis Architecture. 3914 East Presidential Drive in Meridian, Idaho. Kind of just keeping it short and briefly. I agree with what the staff has put forth as part of the new agreement, as well as any previous conditions. We understand that there could be potential adjustments to the site plan just based on cross-access agreement, but we have no concerns there. Simison: Okay. Any questions for the applicant? Seeing no questions, this is a public testimony. Mr. Clerk, do we have anyone -- a public hearing. Do we have anyone signed up to provide public testimony? Johnson: Mr. Mayor, we had no one sign up in advance. Simison: Okay. We have no one sign up. We do have staff online. Is there anybody in the audience that would like to provide testimony on this item? Okay. Seeing no one wishing to provide testimony, would the applicant like to make any final comments? McAnulty: None at this time. Thank you. Simison: All right. Thank you very much. Council, what's your pleasure? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: If there is no public testimony, I would move that we close the public hearing. Hoaglun: Second. Simison: I have a motion and a second to close the public hearing. All those in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALL AYES. Strader: Mr. Mayor, considering all staff, applicant, and public testimony, I move to approve File No. H-2022-0071 as presented in today's hearing date and inclusive of the two additional conditions, the new -- excuse me -- the new DA provisions recommended by staff, which are listed in the staff report, and, then, in addition I would like to specify that we will attach the concept plan. Simison: I have a motion. Do I have a second? Perreault: Second. Hoaglun: Second the motion. Meridian City Council February 7,2023 Page 5 of 8 Simison: I have a motion and a second. Is there discussion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just for some context, there was a comment in the staff report, at least the version that I reviewed, that said due to the size of the property staff believed the inclusion of a concept plan was not warranted. So, I just wanted to clear that up. That's the reason that I specified that. Perreault: Mr. Mayor, second agrees. Simison: Is there any further discussion? If not, the Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you. Congratulations, Stacy. MOTION CARRIED: ALL AYES. 2. Findings of Fact; Conclusions of Law for Jennie's Retail (H-2022- 0071) by Richard Wilmot, Chrysalis Architecture and Planning, located at 2365 E. Fairview Ave., near the half mile mark between N. Eagle Rd. and N. Locust Grove Rd. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question for Mr. Nary. Do we need to adopt the findings of facts? Nary: Yes. Hoaglun: Item 2 next? Nary: Yes. Simison: Next up is Item 2 on the agenda, the Findings of Fact, Conclusions of Law for Jenny's Retail, H-2022-0071. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council February 7,2023 Page 6 of 8 Strader: I move that we approve the Findings of Fact and Conclusions of Law under Item No. 2. Perreault: Mr. Mayor, second the motion. Simison: I have a motion and a second. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the Findings of Fact are agreed to. MOTION CARRIED: ALL AYES. ORDINANCES [Action Item] 3. Ordinance No. 23-2009: An Ordinance Amending Meridian City Code Section 1-5-2 Concerning the Official Newspaper of the City of Meridian; Repealing Any Conflicting Ordinances; and Providing an Effective Date Simison: Next item up is under Ordinances. Item 3 is Ordinance No. 23-2009. 1 will ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This is an Ordinance amending Meridian City Code Section 1-5-2 concerning the official newspaper of record of the City of Meridian; repealing any conflicting ordinances and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like the ordinance read in its entirety? Okay. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Since we haven't had this discussion on the record I thought I could add at least a little bit for the record. I did send some information to the Council over the weekend, but, basically, when we switched our paper of record from the Meridian Press, because there were some inconsistencies in publishing, to the Idaho Press, either when we drafted it we missed it or the codifier missed it, but they left Meridian Press in the -- in the ordinance, along with adding the words Idaho Press. Well, you can't have both and you can only have one and so this is just merely a cleanup, which is why I hadn't previously presented it, because it felt like it was pretty minor changes. It's just -- it's cleaning up to what we actually are doing, which is using the Meridian Press as our paper of record. Meridian City Council February 7,2023 Page 7 of 8 Simison: Okay. Thank you, Mr. Nary. Council, any further comments, questions, or do I have a motion? Excuse me. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you both for clearing that up. I -- I was wondering what was going on, because I thought we had already approved the Idaho Press. I -- I move that we approve Ordinance No. 23-2009. Strader: Second. Simison: I have a motion and a second to approve Ordinance No. 23-2009. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALL AYES. Simison: Council, anything under future meeting topics? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: It's not a topic, but I just -- if I could just take a sec. Just to make note that, you know, the community that we have is led by lots of folks who serve quietly and -- and we lost one last week, Bill Donnell, whose wife was a former council member, school district superintendent and folks who have been around the valley for a long time, in Meridian for a long time, know Bill Donnell as -- as one of the funniest, goofiest, kindest, all heart servants from Kiwanis to Rotary to the Chamber. He just gave tirelessly, so -- he's not having a service. His request. Which is classic Bill. He wouldn't put attention to himself ever. So, to his wife Christine and the entire Donnell family -- it's a big loss for our community, so -- Simison: Thank you, Councilman Borton. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn our regular meeting. Meridian City Council February 7,2023 Page 8 of 8 Simison: I have a motion to adjourn. All those in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 2-21-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 2-21-2023 E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. 7 i 1 7 3 CITY OF MERIDIAN 1 CITY COUNCIL PUBLIC FORUM SIGN—IN SHEET a Date: February 7, 2023 Please sign in below if you wish to address the Mayor and City Council and j provide a brief description of your topic. Please observe the following rules of i the Public Forum: j • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic i I i E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 City Council Meeting February 7, 2023 Item #1: Jennie’s Retail Conceptual Site Plan (reference only)Existing Development Agreement Modification SA1 Slide 2 SA1 Sonya Allen, 12/29/2022 Changes to Agenda: None Item #1 Jennie’s Retail (H-2022-0071) Application(s): Development Agreement Modification (Cortabitarte Inst. #104027941) Size of property, existing zoning, and location: This site consists of 1.45 acres of land, zoned C-G, located at 2365 E. Fairview Ave. History: In 2003, this property was annexed with a DA that requires all future uses to be approved through the CUP process. Comprehensive Plan FLUM Designation: MU-C (Mixed Use – Community) Summary of Request: Development Agreement Modification (MDA) to amend the existing agreement (DA Inst. #104027941) to remove the subject property from this agreement for the purpose of allowing the property to develop consistent with the allowed uses in the existing C-G zoning district The applicant believes a CUP requirement should no longer apply and has provided a potential concept plan that depicts a mix of retail, restaurants, a drive-through, site access, and associated site improvements. Because the site may develop with multiple drive-throughs and restaurants and doesn’t depict cross-access with the western property, staff believes the more restrictive parking ratio of one parking stall for every 250 square feet of gross floor area, regardless of the use, and cross-access reciprocated to the western property is applicable. It is also important to note the City is reviewing an application for a drive-through use on the adjacent property to the west. If a future drive-through is proposed on this property it would require CUP approval. rd City Council approved the subject MDA on January 3. After the hearing, it was discovered that this property did not include the entire boundary of the property that was part of the original DA. Staff met with the applicant to discuss all of the options. Both staff and the applicant agreed that the best course of action was to update the staff report and renotice/reschedule the project. Staff has prepared Findings in the affirmative for Council’s approval since the project did not have any public testimony or Council discussion during the previous hearing. Written Testimony: Richard Wilmot, Applicant’s Representative, is in agreement with the staff report and inclusion of the new DA and provisions. Staff Recommendation: Approval Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0071, as presented during the hearing date on February 7, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0071, as presented during the hearing on February 7, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0071 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) V IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Jennie's Retail (H-2022-0071) by Richard Wilmot, Chrysalis Architecture and Planning, located at 2365 E. Fairview Ave., near the half mile mark between N. Eagle Rd. and N. Locust Grove Rd. Application Materials: https://bit.ly/H-2022-0071 A. Request: Development Agreement Modification to the existing agreement (DA Inst. #104027941) to remove the subject property from the agreement and prepare a new development agreement to allow uses in line with the existing zoning district instead of requiring a CUP for all future uses as currently required. i i PUBLIC HEARING SIGN IN SHEET i DATE: February 7, 2023 ITEM # ON AGENDA: 1 I 3 i PROJECT NAME: Jennie's Retail (H-2022-0071) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) I If yes, please provide HOA name 1 a 2 3 4 5 6 7 8 9 10 11 12 13 14 i i STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 02/07/2023 RUT Rv`2 R-15 C-� Legend DATE: ® R1 R1 R-Z Project Location �R_2 R-4 TO: Mayor&City Council L-O R-40 R-4 30 R-4 RUT FROM: Stacy Hersh,Associate Planner Egg L-O R-4 208-884-5533 IN C G L SUBJECT: H-2022-0071 C�3 C-C �T C-G err Jennie' Retail MDA R5 R-40 I-L LOCATION: The site is located at 2365 E.Fairview R B ® R_15 R-40 IA Avenue,near the half-mile mark between�R4 RUT N. Eagle Road and N. Locust Grove R1:5 L:p Road,in the NE 1/4 of the NW 1/4 of R1 L-0 C-G Section 8,Township 3N, Range lE (R7104250004). C-G I. PROJECT DESCRIPTION Development Agreement Modification(MDA)to amend the existing agreement(DA Inst. #104027941)to remove the subject property from this agreement for the purpose of allowing the property to develop consistent with the allowed uses in the existing C-G zoning district. Currently, the recorded DA requires conditional use permit approval for all future uses prior to development on the property. NOTE: City Council approved the subject MDA on January 3'.After the hearing, it was discovered that this property did not include the entire boundary of the property that was part of the original DA. Staff met with the applicant to discuss all of the options. Both staff and the applicant agreed that the best course of action was to update the staff report and renotice/reschedule the project. Staff has prepared Findings in the affirmative for Council's approval since the project did not have any public testimony or Council discussion during the previous hearing. II. SUMMARY OF REPORT A. Applicant: Richard Wilmot—3130 W. State Street,Boise,ID 83703 B. Owner: Mauricio and Ilene Garcia—4863 N. Larkwood Place,Meridian,ID 83646 C. Representative: Same as Applicant III. STAFF ANALYSIS The Applicant proposes to amend the Cortabitarte Development Agreement (Inst. #104027941) to Page 1 remove the subject property from the existing development agreement. When this property was originally annexed it included the I-L property directly south of the subject property.Since the applicant wasn't able to obtain the property owner's consent to amend the terms of the original DA, a new DA is being requested so the property can develop consistent with the C-G zoning district without the need of obtaining CUP approval for every use. Below is the legal description and exhibit map of the C-G zoned property attached to the original annexation ordinance.This is the area that will be subject to the new DA. A concept plan was submitted showing how the property could potentially develop. The new DA will not include this as an exhibit,it is meant for illustrative purposes only. Due to the size of the property, compliance with the City's design standards, and the inclusion of staff s other recommended DA provisions, staff believes the inclusion of a concept plan is not warranted. The proposed site plan depicts a mix of retail,restaurants, a drive-through, and associated site improvements. Because the site has the potential to develop with multiple drive-throughs and restaurants, staff has analyzed the parking on the plan using the restaurant standards requiring one(1)parking stall for every 250 square feet(UDC 11-4-3-49) of gross floor area to ensure adequate parking. Per this standard, 68 parking stalls would be required if the site develops per the submitted concept plan. Currently,the plan depicts 50 parking stalls. Therefore, staff recommends adding a provision to the Development Agreement to address potential parking issues by requiring a parking ratio of 1 parking stall for every 250 square feet of gross floor area regardless of the use. Currently,the City is processing a CZC and DES application for a drive-through use on the west boundary in the Pine 43 development. If the abutting property does develop with a drive-through,the proposed drive-through would be within 300 feet of another drive-through which would require CUP approval. Access to the property is proposed from E. Fairview Avenue; a shared access drive with the property to the east(R8525101800). Staff has reviewed the Pine 43 Development Agreement(#2018-000751) conditions of approval and cross-access was required to be provided to this property for future cross- access and interconnectivity between the two commercial areas. The plan as submitted doesn't contemplate the cross access with the adjacent property. Staff recommends the applicant grant cross access with the adjacent property to improve interconnectivity. Staff recommends approval of the development agreement modification for the purpose of entering a new agreement with the provisions in Exhibit A below. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA(Inst. #104027941) as recommended by Staffs analysis above and with the specific changes below. Page 2 V. EXHIBITS A. Legal Description and Exhibit Map EXHBU"A" Less)Rescriatian a[hrooerts Jack G.Cortsiditarte ud Lmm F.CArtsbumm Got 1 4PP anent VaiCcy SuMvisjon.according to the piu thereof f1kd in Book 12 of Mis,Page 665 in tha office of the coUmty redortler of Ada County.Mate o f [dgha. DEVELOPME rAGREEMLNT(AM3•0Z3) YAaE 15 OF i$ Page 3 {'L FATAL}RFM ivL PGII 9P maLms l4i Al 3e] B 5 5 raeu: 7 B PR-0�U�6 SON6 c6 LOT I Mum^1.It am xYM I! }� � aeu9luFmu FS <m I I n �V5 S S'Z[lever'-I I I � g LOT 2 re R-3 a LOT WPM,WK F:M"FWPE 1-UT 1 F FM 90h7LF3 9F+RUIC� akiaa�a 41 m F i aw r,e9ww I®a7@WP Wllmme ;' 3—L �T Q+t' rL I� L I mup=x L L I � I 1I S'3 I LOr S FMO L5#-xw mp-awae I I I I J j Lo: a BULopPAleo FRO;KW't 9W. *02MD"Co 9LOCK 2 9 9734-5'M 59,5.7f IM L,OT 7 Dy"K owc R7101LL3m ANNEXATION EXHIBIT BRIAOSENGINEERINO,JNG. FC)R JACK CORTABITARTE B R A PORTION OF LOT 1, PLEASMT VALLEY MADIANCIN i306}3+4-77Lq LOCATED IIf 7HE 9w)/4 OF 5ECIICaq B, 7.3m., R,IE., $.m MERIDIAN, AAA COOT11. INN W.aYERLAwo RM•BUU-RIAHO&VD5 Dim MATE 6TG xo ¢=FLf E]�f22f03 csJw 2a�•, NTs EXHIBIT Q��-rM,Ilxnwc Page 4 B. New Development Agreement Provisions Recommended by Staff: Add a new DA provision-A cross-access/ingress-egress easement shall be granted and the shared driveway constructed to Parcel#R7104250566(Pine 43 Subdivision)to the west. A copy of the recorded easement shall be submitted with the first certificate of zoning compliance application. Add a new DA provision—Parking for the development shall be based on the parking ratio of one (1)parking space for every two hundred fifty(250) square feet of gross floor area regardless of use. Page 5 C. Conceptual Site Plan(reference only): Chrysalis Cf-of FAIRVIEW AVENl1E_—_—_— --------------------------------------- BUILDING&1 v 'Z L SrCJ, �� @�. ti�iig$$IEE SQUARE off vo-iniw -.+,'h{ .,F.Ui �i�ESiSI� FEET .,Y };; fiillallll� SQUARE FEET _ - ti Y`� g y5a PARI(INGI �� an R, _ ;'SPACEStT,�k , a113411 1 ---------------------------------------- SQUARE FEET h S IxOJt�l sllt �atn n A51.00 Page 6 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact; Conclusions of Law for Jennie's Retail (H-2022-0071) by Richard Wilmot, Chrysalis Architecture and Planning, located at 2365 E. Fairview Ave., near the half mile mark between N. Eagle Rd. and N. Locust Grove Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW (:�VEF,,1D1ANj---, AND DECISION&ORDER In the Matter of the Request for an Amendment to the Existing Development Agreement(Inst. #104027941)to Remove the subject property from this agreement for the purpose of allowing the property to develop consistent with the allowed uses in the existing C-G zoning district removing the requirement of a conditional use permit approval for all future uses prior to development on the property for Jennie's Retail,by Chrysalis Architecture and Planning. Case No(s).H-2022-0071 For the City Council Hearing Date of: February 7,2023 (Findings on February 21,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 7,2023,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 7,2023,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 7, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 7,2023,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 JENNIE'S RETAIL MDA H-2022-0071 - 1 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 7,2023, 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 February 7,2023,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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted,including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of February 7, 2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR JENNIE'S RETAIL MDA H-2022-0071 -2 By action of the City Council at its regular meeting held on the 7th day of February 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2_7.2023 Attest: Chris Johnson 2.7.2023 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. 2-7-2023 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR JENNIE'S RETAIL MDA H-2022-0071 -3 Exhibit A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 02/07/2023 RUT Rv`2 R-15 C-� Legend DATE: ® R1 R1 R-2 0 Project Location R-4 TO: Mayor&City Council L-O R-40 R-4 30 R-4 RUT FROM: Stacy Hersh,Associate Planner Egg L-O R-4 208-884-5533 R6 M ®-15 C-G ;C---N SUBJECT: H-2022-0071 C�3 C-C �T C-G err Jennie' Retail MDA R5 R-40 I-L LOCATION: The site is located at 2365 E.Fairview �R-B ® R_15 R-40 1A Avenue,near the half-mile mark between�R4 RUT N. Eagle Road and N. Locust Grove R1:5 L:p Road,in the NE 1/4 of the NW 1/4 of R1 Section 8,Township 3N, Range lE L_O� (R7104250004). C-G I.L�C G� R1�� C-G C-G- I. PROJECT DESCRIPTION Development Agreement Modification(MDA)to amend the existing agreement(DA Inst. #104027941)to remove the subject property from this agreement for the purpose of allowing the property to develop consistent with the allowed uses in the existing C-G zoning district. Currently, the recorded DA requires conditional use permit approval for all future uses prior to development on the property. NOTE: City Council approved the subject MDA on January 3'.After the hearing, it was discovered that this property did not include the entire boundary of the property that was part of the original DA. Staff met with the applicant to discuss all of the options. Both staff and the applicant agreed that the best course of action was to update the staff report and renotice/reschedule the project. Staff has prepared Findings in the affirmative for Council's approval since the project did not have any public testimony or Council discussion during the previous hearing. II. SUMMARY OF REPORT A. Applicant: Richard Wilmot—3130 W. State Street,Boise,ID 83703 B. Owner: Mauricio and Ilene Garcia—4863 N. Larkwood Place,Meridian,ID 83646 C. Representative: Same as Applicant III. STAFF ANALYSIS The Applicant proposes to amend the Cortabitarte Development Agreement (Inst. #104027941) to Page 1 Exhibit A remove the subject property from the existing development agreement. When this property was originally annexed it included the I-L property directly south of the subject property.Since the applicant wasn't able to obtain the property owner's consent to amend the terms of the original DA,a new DA is being requested so the property can develop consistent with the C-G zoning district without the need of obtaining CUP approval for every use. Below is the legal description and exhibit map of the C-G zoned property attached to the original annexation ordinance. This is the area that will be subject to the new DA. A concept plan was submitted showing how the property could potentially develop. The new DA will not include this as an exhibit, it is meant for illustrative purposes only. Due to the size of the property, compliance with the City's design standards, and the inclusion of staff s other recommended DA provisions, staff believes the inclusion of a concept plan is not warranted. The proposed site plan depicts a mix of retail,restaurants, a drive-through, and associated site improvements. Because the site has the potential to develop with multiple drive-throughs and restaurants, staff has analyzed the parking on the plan using the restaurant standards requiring one(1)parking stall for every 250 square feet(UDC 11-4-3-49) of gross floor area to ensure adequate parking. Per this standard, 68 parking stalls would be required if the site develops per the submitted concept plan. Currently,the plan depicts 50 parking stalls. Therefore, staff recommends adding a provision to the Development Agreement to address potential parking issues by requiring a parking ratio of 1 parking stall for every 250 square feet of gross floor area regardless of the use. Currently,the City is processing a CZC and DES application for a drive-through use on the west boundary in the Pine 43 development. If the abutting property does develop with a drive-through,the proposed drive-through would be within 300 feet of another drive-through which would require CUP approval. Access to the property is proposed from E. Fairview Avenue; a shared access drive with the property to the east(R8525101800). Staff has reviewed the Pine 43 Development Agreement(#2018-000751) conditions of approval and cross-access was required to be provided to this property for future cross- access and interconnectivity between the two commercial areas. The plan as submitted doesn't contemplate the cross access with the adjacent property. Staff recommends the applicant grant cross access with the adjacent property to improve interconnectivity. Staff recommends approval of the development agreement modification for the purpose of entering a new agreement with the provisions in Exhibit A below. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA(Inst. #104027941) as recommended by Staffs analysis above and with the specific changes below. Page 2 Exhibit A V. EXHIBITS A. Legal Description and Exhibit Map EXHBU"A" Less)Rescriatiun a[hrooerts Jack G.Cortsiditarte ud Lmm F.CArtsbumm Got 1 4PP anent VaiCcy SuMvisjon.according to the piu thereof f1kd in Book 12 of Mis,Page 665 in tha office of the coUmty redortler of Ada County.Mate o f [daha. DEVELOPME rAGREEMLNT(AM3•0Z3) YAaE 15 OF i$ Page 3 Exhibit A {'L FATAL}RFM iuL PGII 9P maLms l4i W'•3e] zmv 7 B PR-0�U�6 SONG c6 LOT I Tiles^1.It im mw FM291UM FS 11 [m I I V5 S I I � r g LOT 2 e R-3 a LOT s 9kl:51 WK F:3W"HFFf LL}T 7 F W7P 90h7LF3 9F+RUICL Elf akiaa�a ��i5'i F i 64C r,9PAii1[ � I®a7@WP T6" Wllmme ;' 3—L �T Q+t' rL I� L I � raaT�o x� L L I � I 1I S'3 I LOr S fM0 L5#-xw mp-awae I I I I J j Lo: a BULMpPAleo FRO;KWa'S 9W. *02MD"Co 9LOCK 2 9 9734-5'M 59,5.7f IM L,OT 7 Dy"K owc R7101LL3m ANNEXATION EXHIBIT BRIAOSENGINEERINO,JNG. FC)R JACK CORTABITARTE B R A PORTION OF LOT 1, PLEASMT VALLEY MADIANCIN i306}3+4-77Lq LOCATED ITf 7HE 9w)/4 OF 5EC710N B, 7.3m., R,IE., $.m MERIDIAN, AAA COOT11. SG,1146 INN W.OYMA D RM•BUU—RIAHO&VD5 Dim MATE 6TG xo ¢=FLf E]�f22f03 csJw 2a�•, NTs EXHIBIT Q��-rM,Ilxnwc Page 4 Exhibit A B. New Development Agreement Provisions Recommended by Staff: Add a new DA provision-A cross-access/ingress-egress easement shall be granted and the shared driveway constructed to Parcel#R7104250566(Pine 43 Subdivision)to the west.A copy of the recorded easement shall be submitted with the first certificate of zoning compliance application. Add a new DA provision—Parking for the development shall be based on the parking ratio of one (1)parking space for every two hundred fifty(250) square feet of gross floor area regardless of use. Page 5 Exhibit A C. Conceptual Site Plan(reference only): Chrysalis Cf-of FAIRVIEW AVENUE T art nr��a BUILDING&1 v 'Z L SrCJ,.,F.0 =� sg BUILD!S t�fiii��iiliEl@g$$SFFFa IilESl�EIl M. .�l � SQUARE FEET y5O PARI(INGI _ ;SPACEstT,�k , x �.'S G a11341 _ MUM— 'pARKING ,�, SQLIARE - MET h S IxOJt�l sllt �atn n A51.00 Page 6 W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2009: An Ordinance Amending Meridian City Code Section 1-5-2 Concerning the Official Newspaper of the City of Meridian; Repealing Any Conflicting Ordinances; and Providing an Effective Date CITY OF MERIDIAN ORDINANCE NO. 23-2009 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 1-5-2 CONCERNING THE OFFICIAL NEWSPAPER OF THE CITY OF MERIDIAN; REPEALING ANY CONFLICTING ORDINANCES;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,under Idaho Code section 50-213, every city must designate an official newspaper; and, WHEREAS,the City Council of the City of Meridian has designated the "Idaho Press" as the official newspaper of the City of Meridian; and, WHEREAS,Meridian City Code section 1-5-2 must be amended because it contains erroneous references to the "Meridian Press"; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 1-5-2 shall be amended to read as follows: 1-5-2.—Official newspaper. The "Meridian e&s—," "Idaho Press,"printed and published at 1618 N. Midland Boulevard, in Nampa, Idaho, be and is hereby designated the official newspaper off the City of Meridian, and such ordinances, notices and publications as are required by law to be given by publication in a newspaper shall be published in said"Mer-idian Pfes-:T"Idaho Press." Section 2. That all City of Meridian ordinances or resolutions, or parts thereof,which are in conflict herewith, are hereby repealed. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 7th day of February, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, , this 7th day of February, 2023. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk i i i STATEMENT OF MERIDIAN CITY ATTORNEY CONCERNING THE SUMMARY OF ORDINANCE NO. 23-2009 I The undersigned,William L. M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and provides adequate notice to the public. DATED this 7th day of February, 2023. William L. M.Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23-2009 An ordinance amending Meridian City Code section 1-5-2 concerning the official newspaper of the City of Meridian; deleting references to the"Meridian Press";repealing conflicting ordinances; and stating the ordinance shall take effect immediately upon publication. The full text of the ordinance is available in the City Clerk's Office at Meridian City Hall, 33 E. Broadway Ave., Meridian, Idaho.