HomeMy WebLinkAboutVanguard Village Subdivision H-2023-0072 CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:---
AND DECISION& ORDER
In the Matter of the Request for Modification to the Existing Development Agreement Associated
with H-2021-0081 Vanguard Village,Recorded as Inst.#2022-049799,by Adler Industrial.
Case No(s). H-2023-0072
For the City Council Hearing Date of: July 9,2024 (Findings on July 23,2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of July 9,2024, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of July 9, 2024, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 9, 2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 9,2024,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 I I 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 9,2024, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR VANGUARD VILLAGE MDA H-2023-0072 - I -
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 as
requested per the provisions in the Staff Report for the hearing date of July 9,2024, 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 § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(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 July 9,2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR VANGUARD VILLAGE MDA H-2023-0072 -2-
By action of the City Council at its regular meeting held on the 23rd day of July
2024.
COUNCIL PRESIDENT LUKE CAVENER VOTED
COUNCIL VICE PRESIDENT LIZ STRADER VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER BRIAN WHITLOCK VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 7-23-2024
Attest:
Chris Johnson 7-23-2024
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: 7-23-2024
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR VANGUARD VILLAGE MDA H-2023-0072 -3-
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT D A H O
HEARING July 9,2024 Legend
DATE: f
I�Project Lflca iior
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: H-2023-0072 f
Vanguard Village—MDA
LOCATION: Generally located 1/4 mile south of W.
Franklin Rd. and west of S. Ten Mile
Rd., in the center of Section 15,T.3N.
R.1 W.
a
I. PROJECT DESCRIPTION
The Applicant has submitted an application for a modification to the existing Development
Agreement associated with H-2021-0081,recorded as Inst. #2022-049799.See Section V below for
more information.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 115.26 acres overall
Existing Zoning R-15,M-E,C-C and H-E
Future Land Use Designation Mixed Use—Commercial(MU-COM);Medium High-
Density Residential(MHDR);Mixed Employment(ME);
High Density Employment(HDE)
Existing Land Use(s) Vacant/agricultural land
Proposed Land Use(s) Multi-family residential,vertically integrated residential,
light industry/warehouse,commercial/retail,research and
development and other uses(overall).
Physical Features(waterways, The Williams gas pipeline bisects this site
hazards,flood plain,hillside)
Neighborhood meeting date;#of 11/30/23
attendees:
History(previous approvals) AZ-09-008 Meridian Crossing(Ord.#10-1467;DA Inst.
#110115738);ROS#7623 (Inst.#106170019 2006);H-
2021-0081 [MDA,RZ,PP,CUP—DA Inst.#2022-049799
(replaced previous DA)]
Pagel
B. Project Area Maps
Future Land Use Map Aerial Map
(fLegend tilea High � � (fLog-end
IPraject Locaiian . nsrty IPraeci Lacaan
side i
4
Hig _ esidenfi I
MU-Res
w.Q,.�risi f
i�l<ntial -
_N;
Medium ensityr
Relsidenfi3l
Zoning Map Planned Development Map
Legend
Le rl g T Legend 0
13 -
��Project Lacfliiar '�-i ��Project Lflcfliior
K INR�15 1 G-N +_ city L.imitr
R-1�S R- — Planned Paroels
lM1 MI R'
hill - .40
RUT l {
n
RR
Note: The boundary of the site shown on the above maps is the entire property subject to the DA; the
portion of the property that is the subject of this amended DA is only that at the southwest corner of
the site in the M-E zoning district.
A. Applicant:
Will Goede,Adler Industrial—8665 W. Emerald St., Se. 200,Boise,ID 83704
B. Owners:
Ten Mile West Commercial,LLC— 1144 S. Silverstone Way, Ste. 500,Meridian,ID 83642
Page 2
Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian,ID 83642
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Notification published in
newspaper
6/23/2024
Notification mailed to property
owners within 300 feet 6/21/2024
Applicant posted public hearing
notice on site 6/24/2024
Nextdoor posting 6/17/2024
IV.UNIFIED DEVELOPMENT CODE ANALYSIS UD
A. Development Agreement Modification (MDA):
The Applicant proposes an amendment to the existing Development Agreement(DA) associated
with H-2021-0081,recorded as Inst. #2022-049799, as follows: (Staffs comments in italics)
• New DA provision—"4.3:Notwithstanding anything in the UDC or this Agreement to
the contrary,Warehouse,including distribution,and Flex Space uses shall not be
permitted in that portion of the property zoned M-E and designated"Warehouse&Flex
Space Use Not Allowed"as shown on the map and described in the associated legal
description/exhibit map in Section VI.B of the First Amendment."
The inclusion of this restriction on approximately 113 of the ME(Mixed-Employment)
zoned area will ensure the property develops with a mix of employment uses as desired
by the City with a limitation on flex and warehouse uses.
• Modify DA provision#5.1 a, as follows: "Development of the subject property shall be
generally consistent with the site plan,qualified open space exhibit, site amenity exhibit,
pedestrian circulation plan,preliminary plat,phasing plan, landscape plan and conceptual
building elevations s„b„ hied with the .,ppli.a4iers contained h in the Development
Agreement.An updated phasing plan for the development is included in Section WA of
the First Amendment and by this reference incorporated herein as if set forth in full."
Development priorities have changed, along with property ownership, since the time of
the initial approvals; the proposed change will allow development to proceed in an
alternate order.
• Update the phasing plan—see Section WA below for existing vs.proposed phasing plan.
The existing phasing plan depicts the following: 1) Is`phase—the southern portion of the
R-15 zoned property; 2)2nd phase—the ME zoned property; 3) 3.d phase—the northern
portion of the R-15 zoned property; 4) 4th phase—the H-E zoned property; and 5) the C-
C zoned property.
The proposed plan depicts the following: 1) 1 S`phase—the M-E zoned property at the
southwest corner of the property; 2)2nd phase—the C-C and H-E zoned property on the
Page 3
eastern portion of the property; and 3) 3.d phase—the R-I S zoned property on the
northern portion of the site.
• Inclusion of alternative design and development guidelines for the distribution and light
manufacturing area(i.e.warehouse/distribution and light industry/manufacturing uses)
with the conceptual elevations shown in Section VI.C; and modification to the following
DA provisions:
o #5.1b: "All future development, site design and building design shall comply
with the guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP)
and the standards in the Architectural Standards Manual(ASM),as applicable
unless otherwise modified herein. The City Council approved alternatives to the
design guidelines in the TMISAP consisting of lower roof pitches of 2:12 for the
community clubhouse amenity buildings and 3:12 for the townhome garages to
allow larger windows with lower sills at the second level; and front patios with
railings that frame off the entrances that are covered by the above balconies
instead of front stoops due to concerns pertaining to compliance with ADA
requirements."
o #5.1i: "Development in the M-E district shall be consistent with the development
guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP)
for Mixed Employment(ME)designated areas except for the M-E zoned area
where warehouse,including distribution, and light industry, including
manufacturing,uses are proposed as shown on the map and described in the
associated legal description/exhibit map included in Section VI.C. In that area, a
minimum of 8%windows on the frontage and a single plane wall maximum
distance of 150' without building modulation will be allowed as shown on the
exhibits in Section VI.0 instead of 20%windows and a single plane wall
maximum equal to the building height without building modulation shown as
examples on the transect on pg. 3-50 in the TMISAP. Only the buildingfaces
aces
shown in red on the exhibit will be considered frontage."
The TMISAP has elevated guidelines that apply to development within the
TMISAP area. The Architectural Standards Manual(ASH)applies to all
properties within the City, with established baseline minimum standards. These
are in addition to the elevated guidelines in the Plan. The front/south side of
the southernmost building will be highly visible from I-84,the front of the
other buildings will be internal to the site and not as visible.Staff is unable to
support requests for deviations from the guidelines in the Plan due to conflicts
with the lesser ASH standards prior, apart from and prior to the design review
process. Commercial ASM standards apply to M-E zoned areas, but the
buildings are of an industrial style and may conflict with other citywide ASM
standards as well.Action is needed from Council for such requests.
If Council approves the proposed deviations to the design guidelines in the Plan,
the Applicant will need to include a request for a design standard exception with
each commercial standard in the ASM that is not met, with subsequent
administrative Design Review applications.Any such related request will likely
not comply with the design standards in the ASM.
o #5.11: "Design elements shall be provided within the overall development as
required in the Application of the Design Elements matrix on pg. 3-49 of the
TMISAP, except as otherwise allowed herein."
Page 4
This change allows for the above-noted exceptions if approved by City Council.
• Modification to DA provision#5.1.m—"The sttbjeet^ pet4y shall be s„l.,aiyide,] " r*E)
The Applicant may submit a-Design Review, Certificate of Zoning
Compliance,and building permit application(s)to finalize building des . prior to
recordation of the final plat(s)for the lot on which a building is located,however,the
applicant will not receive the Certificate of Occupancy for any buildings prior to the
recordation of the final plat for the lot on which the building is located."
The proposed change will allow development to commence but will still require the plat
to be recorded prior to occupancy.
V. DECISION
A. Staff:
Staff recommends approval of the requested modifications to the DA, except for the
deviations from the design guidelines in the TMISAP,which require Council approval.
B. The Meridian City Council heard these items on July 9,2024. At the public hearing.the Council
moved to approve the subject MDA request.
1. Summary of the City Council public hearing
a. In favor: Will Goede.Adler Industrial(Applicant)
b. In opposition:None
c. Commenting None
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. None
3. Key issue(s)of discussion by City Council:
a. Discussion pertaining to the Applicant's request for alternative design and development
guidelines.
4. City Council change(s)to Commission recommendation.
a. City Council approved the Applicant's request for alternative design and development
guidelines for the western portion of the M-E zoned area shown in the exhibits in
Section VI.C.
Page 5
VI. EXHIBITS
A. Existing&Proposed Phasing Plan
R-15
4 \
.� PROSE
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M-E
Page 6
u KiiY.l Y 4i Mkii tiM1i;t{ii i#WWWW i ii N µ++#H H M 1+4MN 14HH Wj
s4.
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It 1 t Coale pkif Oifir PLM ic> - I
V.
r F LOl CIWFNS*N3, SHEETCI.2
5TTEPL kN. SHEETCZA
x ,f EMST1NG CONa.: SHEET GSA
PHASE C
**Ei*n+s*r#*sa�umay�r/ri#aiwm�irka����fui�ux�u:l/11'li�-
Y+l+'t:.rµkb war 9LIft W.
k('iltititl I"H{i#i 111111#111#11#Ii _
PN1r14#�ii##+{i++ii#/#/##i//1#1#+#is{iHii"ii{iLk###{"aim /
a --
-.
PHASE A
LOT GIMENSPONS. SKEET C13 LOi DIMENSIONS: $HEET CIA
RrF�RLAN. SHEET C211 SITEPLAM- SFIEEF C?� r
""STING CONK SHEET Cl C).22
E]GSTING GOND. SHEET
PHASE B
71'E--
#MMF1eiiN.yc!u,,^ i�MM/yp [f[f
I'MN#iiiM#i�N7l J129Y
Page 7
B. Exhibit Depicting Warehouse &Flex Space Use Not Allowed Area and Legal
Description/Exhibit Map of that Area
Depiction of Warehouse&Flex Space Use Not Allowed Area
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IJEDIULIHIUa EASIIY KE5 M-NTIAL 7 •l 1
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i COMMUNITY BUSINESS
WAREHOUSE •� �:A
- &FLEX SPACE I% 01�— - Ip ,
USE NOT ��
NFE ALLOWED _�-�
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- HIGH DENSITY EiAADYLIENT (�,l• V LI.. ;'rt clr
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Page 8
ARDURRA
EXIIIBTT"Cn
Project No:240076 TO FIRST AMENDMENT
Date:May 21,2024
Page 1of1
LEGAL DESCRIPTION OF WAREHOUSE &
FLEX SPACE USE NOT ALLOWED AREA
A parcel of land located in the NE1{4 of the SW1{4 and the NW114 of the 5E1}4 of Section 15,
Township 3 North,Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho, more
particularly described as follows:
COMMENCING at the center one-quarter corner of Section 151 thence,along the north boundary of
said NE1/4 of the S 1f4,
A. 5.89014'48"117,291.84 feet to the POINT OF BEGINNING,thence leaving said north boundary,
1. 5,39°31'08"E.,748.08 feet to the beginning of a non-tangent curse;thence,
2. Southwesterly along said curve to the left having a radius of 1000.00 feet,an arc length of
185.66 feet,through a central angle of 10°38'16",of which the long chard bears 5.71°25'13" ,,
185.40 feet;thence,tangent from said curve,
3. 5.66Q06'05"W..231.67 feet to the beginning of a tangent curve;thence,
4. Southwesterly along said curve to the right having a radius of 750.00 feet,an arc length of 70.03
feet,through a central angle of 5°21'01",of which the long chard bears S.6846'35"W.,70.01
feet;thence,non-tangent from said curve,
5. N.89017'19"W.,299.81 feet;thence,
6. N.W`45'12"E.,755.20 feet;thence,
7. 5.89'14'48"E.,266.65 feet to the POINT OF BEGINNING.
CONTAINING: 8.83 Ac.
L
o� q�
13765
or
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332 N_Brondmon-Woy I Nampa,ID8�687 I 208.d42.6300 WWWA rdurro.com
Page 9
EXHIBIT SKETCH - WAREHOUSE AND FLEX SPACE
w m LOCATED IN THE NE114 OF THE SVV14 AND THE NW114 OF THE SE114 OF SECTION 15,
TOWNSHIP 3 NORTH, RANGE 1 WEST,BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY, IDAHO
� 9 11 10 2624
16 10 FRANKLIN ROAD
NOO*42'57'E 1328.65'
N1116
0
o NOO'43`11`E 1328.61' POINT OF
FE
16 15 C1N1l16 BEGINNING SB9'14'48'E 291.84' _Cl E1l16
SW14,36"E S8914'48'E
Fi 1322.75' 764.29' N89'14'39"Yf 1321.43'
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�N89'14!03"W"1324.16' BASIS OF BEARINGS CS1116 SE1f16
N89'14'03`W 1323.80'willb
N89'13'31"w 1323.13'
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332 N.BROADMORE WAY
rti NAMPA,IDAHO 83687
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Page 10
C. Distribution&Light Manufacturing Area Design Guidelines&Legal Description/Exhibit Map of
that Area
EXHIBIT E - DISTRIBUTION & LIGHT MANUFACTURING AREA DESIGN GUIDELINES
r
DISTRIBUTION&LIGHT
MANUFACTURING AREA
a In the Distribution&Light Manufacturing Area,only the building faces shown in red will be
considered frontage. These frontages witl meet the majority of the TMISAP frontage requirements,
however a variance is requested for the following two requirements(ref TMISAP page 3-50):
7TMISAP REQUIREMENT PROPOSED(rererenm con-pt renderings)
-20%windows -8%windows
-Single plane wall max distance=building height -Single plane wall maxr distance=150'
wX—%NA& 44—
wax osinexvraru�s k- _ -_
I
Page 11
EXHIBIT E - DISTRIBUTION & LIGHT MANUFACTURING AREA DESIGN GUIDELINES
Inv
8%Windows
on Frontage
Single plane max
wall distance=150'
EXHIBIT E - DISTRIBUTION & LIGHT MANUFACTURING AREA DESIGN GUIDELINES
Page 12
EXHIBIT DISTRIBUTION • LIGHT MANUFACTURING AREA DESIGN GUIDELINES
s
Page 13
//�/ ARDURRA
Project No:240076 EXIIIBIT"F"
Date:May 21,2024 TO FIRST AMENDMENT
Page 1 of 1
LEGAL DESCRIPTION OF DISTRIBUTION
AND LAND MANUFACTURING AREA
A parcel of land located in the NE1/4 of the SW114 of Section 15,Township 3 North, Range 1 West,
Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows:
COMMENCING at the center west one-sixteenth corner of Section 15; thence,along the west
boundary of said NE114of the SW1{4,
A. 5,00440'02"K.231A5 feet to the POINTOF BEGINNING,thence leaving said boundary,
1. 5.89014'48"E.,763.91 feet,thence,
2. 5.40°45'12"K,959.44 feet;thence,
3. N.81°25'39"W.,352.27 feet;thence,
4. N.85"10'48"W., 150.33 feet;thence,
5. NA1°21'31'W,266L5 feet to the west boundary of said NElf4 of the SWI/4;thence,along
said boundary,
6. N.00°39'32"E.,864.35 feet to the POINT OF BEGINNING.
CONTAINING: 15.97 Ac.
pl LA
4
0=Mp1 -
332N.Broodmorewgy I Nompor1a83687 I 208.d42.6300 I WWW.ordurro.com
Page 14
EXHIBIT SKETCH - DISTRIBUTION & LIGHT MANUFACTURING
U5 LOCATED IN THE NE114 OF THE SW14 OF SECTION 15,
TOWNSHIP 3 NORTH, RANGE 1 WEST,BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY, IDA[10
2024
$ 10
16 1� FRANKLi1,F ROAD
EN80'42'57"E 1328.65`
o ❑ 104' 200' 4007
0
N00'43'11'E 1328.61' BASIS OF BEARINGS
a
16 15 CW1}� 589'14'48-E 1322.78' C11
a 589'14'36"E 1322-75'FE
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ARDURRA
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332 N.BROADMORE WAY
- NAMPA.IDAHO 83687
208-412-6300 I WNWARDURRA_COM
Page 15