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HomeMy WebLinkAboutZ - Approved Findings 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 for Medimont Subdivision(Inst.#97072405)to Enter into a New Agreement for the Subject Property, Remove the Requirement for a Buffer to Adjacent Residential Land Uses, and Modify the Dimensional Standards and any Other Applicable Provisions; and Modification to the Existing Conditional Use Permit(i.e.CUP-03-056 Meridian Soccer Center)to Expand the Indoor Recreation Facility Use in the I-L Zoning District,by Erik Hagen Architecture. Case No(s). MCU-2024-0003; H-2024-0033 For the City Council Hearing Date of: November 12,2024(Findings on December 3, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 12, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 12,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 12, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 12, 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 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TREASURE VALLEY ATHLETIC CENTER MCU-2024-0003 H-2024-0033 - I - 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 November 12,2024,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 § I I-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 conditional use permit modification and development agreement modification is hereby approved per the provisions in the Staff Report for the hearing date of November 12,2024,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TREASURE VALLEY ATHLETIC CENTER MCU-2024-0003 H-2024-0033 -2- 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 §§ 67-652 1(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 November 12,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TREASURE VALLEY ATHLETIC CENTER MCU-2024-0003 H-2024-0033 -3- By action of the City Council at its regular meeting held on the 3rd day of December 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 12-3-2024 Attest: Chris Johnson 12-3-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 12-3-2024 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TREASURE VALLEY ATHLETIC CENTER MCU-2024-0003 H-2024-0033 -4- EXHIBIT A E STAFF REPORT REPORT D A H O COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/12/2024 Legend DATE: 1 Pra:ect L=fnn TO: Mayor& City Council -- " FROM: Sonya Allen,Associate Planner r : 208-884-5533 SUBJECT: Treasure Valley Athletic Center— MCU,MDA MCU-2024-0003 H-2024-0033 LOCATION: 1250& 1251 E. Piper Ct., in the NE 1/4 ------ of Section 18, T.3N.,R.1E. I. PROJECT DESCRIPTION Modification to the existing Development Agreement for Medimont Subdivision(Inst. #97072405)to enter into a new agreement for the subject property,remove the requirement for a buffer to adjacent residential land uses, and modify the dimensional standards and any other applicable provisions; and modification to the existing Conditional Use Permit(i.e. CUP-03-056 Meridian Soccer Center)to expand the indoor recreation facility use in the I-L zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2.12-acres Future Land Use Designation General Industrial Existing Land Use Indoor recreation facility Proposed Land Use(s) Same(no change proposed) Current Zoning Light Industrial(I-L) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 5/13/24 attendees: History(previous approvals) Annexation(Ord.#755—Properties West),preliminary plat and final plat was approved for Medimont Subdivision in 1997(DA Inst.#97072405); CUP-03-056(Meridian Soccer Center);PBA-2024-0009 Page 1 ' 1 1 1 1 1 'R =1ni PINE ice.. ' W `i y. HOP US ��■■ +!_ 'AIL : Ic 11V era ■��r�■ wusleae�'�a ;7 1■�� —.e R'0. PP.,'JIJ� �::.a! :. _gin - M1�R •,i, :1 rr .III: FRA71 f� ��I, FR#f�,! IN• J� � s n� � �y� iF � Js�•' y • -Nuuu Ilia 1 1• *�1 _ 1 z= mill tile Iluw� •uu I w � . Fill I■ H I■ ■H �,■■■ �� �,■■■ ■■ ON MINN IN In =111 Ills sill 111_ Ri■mi MEN wd Elm '� �• MENEM N 111 INI . ......�I� .SIN 111 r2IIII �luw� :Yuu �i11iG ' I:u. 11 �1111 11 i EXHIBIT A C. Representative: Same as Applicant IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 10/l/2024 Radius notification mailed to 9/26/2024 properties within 300 feet Site Posting Date 10/9/2024 Next Door posting 9/24/2024 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCI7-Y.ORGICOMPPLAN): FUTURE LAND USE MAP DESIGNATION: This property is designated General Industrial on the Future Land Use Map(FLUM). This designation allows a range of uses that support industrial and commercial activities. Industrial uses may include warehouses, storage units,light manufacturing, flex, and incidental retail and office uses. PROPOSED USE:The Applicant proposes to continue the previously approved indoor recreation facility use and expand the use/facility. The previous approval was for an indoor soccer center; the new use is an indoor beach volleyball and weight training facility. COMPREHENSIVE PLAN POLICIES(https:llwww.meridianciV.or /g coml2plan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets."(2.01.04B) All new parking lot landscaping is required to comply with the standards listed in UDC 11- 3B-8C. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.01F) City water and sewer service is available to be extended to the proposed addition with development. • "Increase year-round recreational programming and activities that encourage education, health and wellness,community involvement, and multi-sensory play."(4.03.01) The proposed indoor volleyball and weight training facility will provide year-round recreational opportunities for area residents. Page 3 EXHIBIT A VI. STAFF ANALYSIS A. Development Agreement Modification(MDA): A Development Agreement(DA) (Inst. #97072405)was approved in 1997 with annexation of the subject property,which is part of the larger Medimont Subdivision(aka Stonebridge Business Park). Some,but not all,of the provisions in the DA apply to the subject property. The Applicant proposes a modification to the existing DA to enter into a new agreement for the subject property and remove the requirement for a buffer to adjacent residential land uses to the west,modification to the dimensional standards and other applicable provisions. Only the DA provisions applicable to the subject property are included below; all other provisions are not applicable. A legal description of the property subject to the new DA is included below in Section VIII.E. The following modifications are proposed to the existing DA provisions: (Changes shown in strike-out/underline format-Staff analysis in italics) • #4e—"PlapAing Stfip Westem Betmdafy. Provide a pexma-aen*n0 feat wiQe4andseaped f thisst p" The Applicant proposes to remove this provision. At the time the DA was adopted, the abutting property to the west of Lot 3, Block 1,Medimont Subdivision No. 1, was zoned R-40 and planned to develop with residential uses;subsequently, the property was rezoned to C-G and developed with a mix of commercial(non-residential) uses. Because there is no longer a need for the buffer, Staff is in agreement with excluding this provision from the new DA. • #4p—°` , bttildiag sethaeks shall be five (5) feet per-ster-y ftem the pfepet4y 1 The minimum rear yard setback shall be+••°e 0)ten 10 feet from the property line so as not to encroach in the irrigation pipe easement depicted on the Medimont Subdivision No. 1 plat. Lets 3 thfoug All other setbacks shall be as required in the Zoning and Development Or-d ranee Unified Development Code." The Applicant requests the rear yard setback for the subject property is 10 feet instead of 20- feet. Because 10 feet accommodates the 10 foot wide irrigation pipe easement depicted on the plat and the 20 foot buffer to residential uses is no longer necessary, Staff is in agreement with the proposed reduced rear yard setback. Staff recommends the minimum side yard building setback of 5-foot per story is also removed because the current I-L dimensional standards do not require a minimum interior side setback. • #4s—" ° f the t.uild rg at" Staff recommends removal of this provision as the UDC no longer has restrictions on maximum lot coverage. Note: The building footprints of the existing and future structures have a 39%lot coverage. Staff has reviewed all other provisions in the DA and does not recommend any other provisions are carried over to the new DA. Staff recommends as a provision of the DA that future development is generally consistent with the site/landscape plans and conceptual elevations submitted with the subject application and complies with the conditions contained herein. Page 4 EXHIBIT A B. Conditional Use Permit Modification(MCU): A conditional use permit(CUP-03-056)was approved in 2003 for Meridian Soccer Center for a 20,000 square foot(s.£)indoor soccer field and 3,000 s.f. office,restrooms and a small pro shop for the sale of soccer merchandise in the I-L zoning district. A modification to the existing Conditional Use Permit(CUP-03-056) is proposed to expand the previously approved indoor recreation facility use in the I-L zoning district in accord with UDC 11-513-6G. A new 14,700 square foot(s.f.)building is proposed to the north of the existing building,which will contain sand courts for beach volleyball,a mezzanine with a weight and training room and offices, a waiting area,restrooms and a mechanical/utility room; eight(8) additional parking spaces are also proposed on the east side of the building.No additions to the existing building or changes to the existing site are proposed. The Applicant estimates that on a typical day and evening there will be approximately 30 patrons and two(2)employees within the primary building and 20 patrons and two (2)employees in the secondary building. The primary users of the facility will be people of all ages and the facility will be used from 9 am to 9 pm Monday through Friday and 9:00 am to 7:00 pm Saturday and Sunday. The heaviest periods of use for the facility are anticipated to be evenings and weekends. Tournaments are held in the existing building but will not be held in the new building. A property boundary adjustment(PBA-2024-0009 TVAC Beach Volleyball&Weight Training Facility)was recently tentatively approved between the subject property and the abutting property to the north to shift the northern property line an additional 75-feet to the north to accommodate the new building and parking, subject to completion of several tasks within one(1)year(i.e.by 9/23/2025) (see Record of Survey in Section VIII.D below). As a provision of the new DA, Staff recommends the Applicant receive final approval of the property boundary adjustment application prior to submittal of the Certificate of Zoning Compliance application. Specific Use Standards: There are specific use standards in the UDC that apply to the proposed use,as follows: (Staff analysis in italics) 11-4-3-2—Arts,Entertainment or Recreation Facility,Indoors and Outdoors: A. General standards. 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred(100) feet from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens,are an exception to this standard.No outdoor recreation areas are proposed; all activities will take place within the building. 2. No outdoor event or activity center shall be located within fifty(50) feet of any property line and shall operate only between the hours of 6:00 a.m. and 11:00 p.m.No outdoor events or activities are proposed. 3. Accessory uses including,but not limited to,retail, equipment rental,restaurant and drinking establishments,may be allowed if designed to serve patrons of the use only. The Applicant shall comply with this standard. 4. Outdoor speaker systems shall comply with section 11-3A-13, 'outdoor speaker systems", of this title.No outdoor speaker systems are proposed. B. Additional standards for swimming pools.Any outdoor swimming pool shall be completely enclosed within a six-foot non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this Code.A swimming pool is not proposed. Page 5 EXHIBIT A C. Additional standards for outdoor stage or musical venue. Any use with a capacity of one hundred(100) seats or more or within one thousand(1,000) feet of a residence or a residential district shall be subject to approval of a conditional use permit.No outdoor stage or musical venue is proposed. D. [Outdoor lighting.] Outdoor lighting, including lighted fields,designed for the site shall comply with Section 11-3A-11, "outdoor lighting," of this title. These standards may be modified through the approval of a conditional use permit. The Applicant shall comply with these standards. Dimensional Standards: Future development should be consistent with the dimensional standards listed in UDC Table 11-2C-3 for the I-L zoning district, except as otherwise restricted in the DA. The proposed plans demonstrate compliance with the minimum dimensional standards in the UDC and in the DA. Access: Access is provided to the site via E. Piper Ct.,an existing local street. Staff recommends a cross-access easement agreement is required with the abutting property to the north to facilitate cross- parking. Parking: Off-street parking is required in accord with the standards listed in UDC 11-3C-6B.2, which requires one (1) space for every 2,000 s.f. of gross floor area. Based on 37,700 s.f. (14,700 s.f. for the new structure and 23,000 s.f. for the existing structure), a minimum of 19 spaces are required for the overall site; a total of 65 spaces are proposed at a ratio of 1:580 s.£, exceeding the minimum standard by 46 spaces. A shared parking agreement was required with neighboring businesses in the Medimont Business Park with the previous CUP application;however,the Applicant does not have a copy of the agreement and believes one may never have been executed. The Applicant is in the process of completing a shared parking and access easement agreement with the abutting property to the north (Dutchman Motorsports). This will allow cross-access between properties and provide more parking for the proposed use if needed during the heaviest periods of use in the evenings and weekends. Staff recommends as a provision of the new DA that a copy of the executed access and parking easement agreement(or the existing agreement if applicable)is submitted with the Certificate of Zoning Compliance application. Per UDC Table 11-3C-5,the required dimensions for 90-degree parking spaces are 9' x 19'— where a bumper overhangs onto a sidewalk or landscape area,the parking stall dimensions may be reduced 2-feet in length if 2-feet is added to the width of the sidewalk or landscaped area planted in ground cover.The site plan submitted with the Certificate of Zoning Compliance application for the proposed improvements should be revised to depict a minimum 7-foot wide sidewalk on the south side of the new building. A bicycle rack capable of holding at least one(1)bicycle is required per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C- 5C. Staff recommends a bicycle rack is provided for the new building in accord with these standards and should be depicted on the site plan submitted with the Certificate of Zoning Compliance application along with a detail that demonstrates compliance with the aforementioned design standards. Landscaping: A 10-foot wide street buffer is required along E. Piper Ct., landscaped per the standards listed in UDC 11-3B-7C. A detailed landscape plan should be submitted with the Certificate of Zoning Compliance application that demonstrates compliance with these standards. Parking lot landscaping is required to be provided for the new section adjacent to E. Piper Ct. in Page 6 EXHIBIT A accord with the standards listed in UDC 11-3B-8C. Landscaping should be depicted on the plans submitted with the Certificate of Zoning Compliance application in accord with these standards. There are no residential uses abutting this site;therefore, a buffer to residential uses is not required. There are existing trees along the(existing)northern boundary of the site that will be removed with development. Mitigation is required for existing trees removed from the site as set forth in UDC H- 3B-I005.Additional trees for mitigation should be depicted on the plans submitted with the Certificate of Zoning Compliance application in accord with these standards. Sidewalks: An attached sidewalk exists along E. Piper Ct. at the east boundary of the site in accord with UDC 11-3A-17. A minimum 5-foot wide pedestrian walkway is required to be provided from the perimeter sidewalk to the main building entrance and should be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete,or bricks in accord with the standards listed in UDC 11-3A-19.B.4.The proposed site plan depicts a walkway,however it appears to be painted striping on the pavement—the plans submitted with the Certificate of Zoning Compliance should comply with the aforementioned standard. Pathway: There are no multi-use pathways depicted on the Pathways Master Plan across this site. Fencing:No new fencing is depicted on the plans. Any fencing constructed on the site should comply with the standards for such in UDC 11-3A-7. Mechanical Equipment: All mechanical equipment on the back of the building or on the rooftop and all outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. The plans submitted with the Certificate of Zoning Compliance application should depict the location of all mechanical equipment. Trash Enclosure: A trash enclosure exists along the west side of the existing building,which will serve both buildings. Building Elevations: Conceptual building elevations were submitted as shown in Section VIII.0 for the proposed single-story building with a mezzanine;building materials consist of vertical and horizontal metal panels,horizontal corrugated metal panels, fiber-cement panel accents, and glazing with a metal standing seam roof. The final design is required to be consistent with the Non- Residential design standards for the I-L zoning district listed in the Architectural Standards Manual. Certificate of Zoning Compliance& Design Review: A Certificate of Zoning Compliance and Design Review application is required to be submitted for the proposed use prior to submittal of a building permit application to ensure consistency with the conditions in Section IX,UDC standards and design standards for the site design and design of the building. VII. DECISION A. Staff: Staff recommends approval of the proposed MCU and MDA applications with the provisions included in Section IX per the Findings in Section X. Page 7 EXHIBIT A B. The Meridian Planning&Zoning Commission heard these items on October 17, 2024.At the public hearing,the Commission moved to recommend approval of the subject MCU and MDA requests. 1. Summary of Commission public hearing_ a. In favor: Erik Hagen,Erik Hagen Architecture(Applicant's Representative) b. In opposition:None c. Commenting d. Written testimony: Erik Hagen,Erik Hagen Architecture (Applicant's Representative) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s) public testimony a. None 3. Key issue(s)of discussion by Commission: a. None^ 4. Commission change(s)to Staff recommendation: a. None 5. outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on November 12,2024. At the public hearing Council moved to approve the subject MCU and MDA requests. 1. Summary of the City Council public hearing: a. In favor: Erik Hagen,Erik Hagen Architecture (Applicant's Representative) 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. None 4. City Council change(s)to Commission recommendation: a. None Page 8 EXHIBIT A VIII. EXHIBITS A. Existing Approved Site/Landscape Plan uewVeH u,,tl7", T $� nnH„wxvn,i R .m _ d w NL a i s 1 Ey --I -- -------- I � € ® ® ® ram-'-------' � W W �`�4 4Q - -- - - } - FIT W 0 U) � I �Ba I ' I �wJ Page 9 EXHIBIT A B. Proposed Site/Landscape Plan (dated: 6/28/24) 1-H ' a� A11113e=1 IlegA0110A 4aea9 OVAL Q oa � 0 sig �gg g�g ff a _ __—__— --- -- -- -- -- - -- ta_—_ _ Ld Lu � E� a3aav 3sodoa"e of i I to — J ese I Q d I U gg dFr k IC O•� W — o j� m '$ a Ir o 0- IL W ❑w Ir W J- I B Q N r vl 5nvi59NwnVd cc I®Iz �y I I o�j 9' III �$ �I__—_____ __—___ v N I o� I ua3i]a---iqu�u= __ 'r d -Page 10 EXHIBIT A C. Building Elevations & Floor Plan(dated: 6/28/24) o a a/lll!oe=j IIegAa11OA 43ea9 OVAL CO w ao w �5 E LAM I I I I I I o I I I I I I I I I I I I I I I I I mF I I I I nq I II I I I I I I I I I I I I I I � Z" I I - Na• I I I I I I I I - I I I I I w� I I II — Page 11 EXHIBIT A 1,111 A llegAalloA 43ee9 OVnt Q o QT LO �c tr�l �trz Q�I Q.1 II ;I III T- I I I II I ' f I I i I - I I Il Fl= Fl® -�_ _ -_ - - ---- 1 - - I I I I I i I I I I I i � l li illl 1 I :x I LJ -..l tr4 tr[I trGl Page 12 EXHIBIT A D. Record of Survey—Tentatively Approved (PSA-2024-0009) A z° W e sac wC g !s > a o r A a 8 ~x p e Q I I O o • � � D � i a � �� � �G �� r Lw CK w w I Cr qk Z gg 2 g$ a � �g� aid Ln Z _� ry K A 8� r Sar ocj' I U y � m x � a to tt a 9 A C O 1 w x w Ib C r' ' � O + alrooa ■,ra,xm s I1I K $ MW A.fY,mm5 — 1VU .PO`GC u I 4j y �„O pp aI tY m N I to a�? 5 i n Ha �tj gal _ 1�ooie 4 1'oH HOISKI0GnS 3OWd 3111VG )t 0wg'1 101 g n - N05NIOBf15"OOV 30V1d 0LL1tl9 z A 'S Page 13 EXHIBIT A E. Legal Description of Property Subject to the New Development Agreement PORTSIDE LAND SURVEYING , LLC EYHOT A Parcel A A parcel of land being all of Lot 4,Black 1 and a portion of Lot 3,Block 1 of Medimont Subdivision No. 1,Book 75,Page 7794,Records of Ada County,said parcel being located in tl'Me Northeast Quarter of the Northeast Quarter of Section 18,Township 3 North,Range 1 East,Boise Meridian,more particularly described as faIlows. Commencing at the Northwest corner of the Nortfeast Quarter of the Northeast Quarter of said Section 18,thence along the West line of said Northeast Quarter,South 00'29'39"west a distance of 90.00 feet to the Northwest corner of said Lot 3;Thence along the West fine of said Lot 3,South 00`29'39" West a distance of 194.99 feet to the True Point of Beginning; Thence ieaving said West line,South 89'01'17"East a distance of 216.67 feet to a point on the East line of said Lot 3; Thence along said East line,South 00'58'43"west a distance of 75.00 feet to the Northeast corner of said Lot 4; Thence along the East line of said Lot 4,South 00'5a'43"West a distance of 75.00 feet an angle point in the boundary of said Lot 4; Thence along the boundary line of said Lot 4,South 89'01'17"East a distance of 29.00 feet to an angle paint boundary of said Lot 4; Thence along the East line of said Lot 4,South 00'58'43'West a distance of 246.00 feet the Southeast corner of said Lot 4; Thence along the South line of said Lot 4,North 89'01'17"West a distance of 242.32 feet to the Southwest corner of said Lot 4; Thence along the West line of said Lot 4,North 00'29'39"East a distance of 321.01 feet to the Northwest corner of said Lot 4,also being the southwest corner of said Lot 3; Thence along the Vilest line of said Lot 3,North 00'29'39"East a distance of 75.00 feet to the True Point of Beginning. Said Parcel containing 2,118 Acres,{92,272 s.f.i more or less. End Description '�A 0 Project No.24.113 7 �a Prepared May 22,2024 USA OF "q9 3626 W.Hill Rd.Bme,ID837b3 (208)04-6666 jimQparl,srdesarvey.cam Page 14 EXHIBIT A N 7 P.O.C. PARCELS A k B E.FRAAgQlNRO � i o o d NE E.Tl.ti 8 13 — 1= +� � P.O.B. PARCELB — — —— — — - - � IG — — — — — — — _ z Q ZZ - 1250 E. PIPER CT- tn EXISTING BUILDING W m Y WEDIMONT SUBDIVISION No- 1 cn J W BLOCK 1 � CV cwi °° 3 C17 a � PARCEL B v J x 1.118 Acres 48,707 S.F. �3 L C 145.7' N in I f I s 99'01'17'E 245.457' P-O-B- PARCEL A g 40'LANDSCAPING SET BACK PER PLAT a k w l_1._. s asor'17•a 216.04' w E.PAFRCQURr n OLD PARCEL LINE y F!89'01'17'W aod.75' k � � h w. 7 a Nz PARCEL A 7 L) 2.118 Acres 5 B9'01'17"E w O 92,272 S.F. 2B'�' SITE w m +� U o F E Q 10' cry f O N 1251 E. PIPER CT- EXISTING BUILDING r r I 4 :3CD L a [V N 59'01'17"ly 242.32'CD b L w a (� a 5w CORNER NE 1/4 MEDIMONT SUBDIVISION No. 2 `-� a�NE 1/4 SECTION 18 BLOCK 1 L x ILJ��J}J�I I Page 15 EXHIBIT A IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. A new Development Agreement(DA) shall be required as a provision of the MDA application for Parcel A shown on the Record of Survey in Section VIII.D,which consists of Lot 3 and a portion of Lot 4, Block 1,Medimont Subdivision No. 1. The previous DA(Inst. #97072405) for Medimont Subdivision shall no longer be in effect for the subject property. A new DA shall be entered into between the City of Meridian,the property owner(s),and the developer. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the date of City Council approval of the Findings of Fact, Conclusions of Law and Decision&Order for the subject application. The DA shall,at minimum, incorporate the following provisions: i. Future development of this site shall be generally consistent with the site/landscape plan and conceptual building elevations submitted with the conditional use permit modification(MCU-2024-0003) and shall comply with the associated conditions of approval. ii. The minimum rear yard setback shall be ten(10) feet from the property line so as not to encroach in the irrigation pipe easement depicted on the Medimont Subdivision No. 1 plat. All other setbacks shall be as required by the Unified Development Code. iii. A copy of the executed shared parking and cross-access agreement with the abutting property to the north at 1250 E. Piper Ct. shall be submitted with the Certificate of Zoning Compliance application. iv. The Applicant shall receive final approval of the property boundary adjustment application(PBA-2024-0009)prior to submittal of the Certificate of Zoning Compliance application. 2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. Depict a bicycle rack for the new structure that complies with the location and design standards listed in UDC 11-3C-5C; include a detail of the bicycle rack. b. Depict landscaping within the 10-foot wide street buffer along E. Piper Ct. in accord with the standards listed in UDC 11-3B-7C. c. Depict landscaping within the new planter areas in the parking area on the east side of the new building adjacent to E. Piper Ct. in accord with the standards listed in UDC 11-313- 8C. d. Include mitigation information for existing trees that are removed from the site in accord with the standards listed in UDC 11-313-10C.5. e. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk to the main building entrance of the new building distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete, or bricks in accord with the standards listed in UDC 11-3A-19.13.4. f. Depict a minimum 7-foot wide sidewalk on the south side of the new building to allow for 2-feet of vehicle overhang in accord with UDC 11-3C-5B.4. g. Depict all mechanical equipment on the plans.All mechanical equipment on the back of the building or on the rooftop and all outdoor service and equipment should be Page 16 EXHIBIT A incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as setforth in UDC 11-3A-12. 3. Any fencing constructed on the site shall comply with the standards for such in UDC I I-3A- 6C and 11-3A-7. 4. All outdoor lighting shall comply with the standards listed in UDC 11-3A-11. These standards may be modified through the approval of a conditional use permit. 5. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed structure and associated site improvements prior to submittal of a building permit application. The design of the proposed structure shall comply with the Non- Residential design standards for the I-L zoning district in the Architectural Standards Manual. 6. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B-6F. Please seethe project files(H-2024-0033&MCU-2024-0003) included in the public record for other City Department and Agency comments. X. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the I-L zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The City Council finds the proposed the expansion of the indoor recreation facility use will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IX of this report. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area if the applicant complies with the conditions noted in Section IX of this report. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Page 17 EXHIBIT A The City Council finds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section IX of this report. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. The City Council finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. The City Council finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The City Council finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. Page 18