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HomeMy WebLinkAboutJump Time H-2025-0011 FindingsFINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a modification to the existing development agreement (MDA-15- 008, Inst. #2016-049722) to modify provision six (6) to remove “minor vehicle repair” from the prohibited uses and replace the old concept plan with a new one, by Eric Anderson. Case No(s). H-2025-0011 For the City Council Hearing Date of: April 22nd, 2025 (Findings on May 6th, 2025) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 22nd, 2025, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 22nd, 2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 22nd, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 6th, 2025, 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 (Jump Time MDA – H-2025-0011) - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 22nd, 2025, 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 Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 22nd, 2025, 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 § 67-6521(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 April 22nd, 2025. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 3 - By action of the City Council at its regular meeting held on the ___________ day of ________________, 2025. 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 Attest: _______________________________ Chris Johnson City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: ___ Dated: City Clerk’s Office FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 4 - Exhibit A HEARING DATE: 4/22/2025 TO: Planning & Zoning Commission FROM: Nick Napoli, Associate Planner 208-884-5533 nnapoli@meridiancity.org APPLICANT: Eric Anderson SUBJECT: H-2025-0011 Jump Time MDA LOCATION: Located at 2805 E. Franklin Road (Parcels S1117110550 and S1117110510) in the NE ¼ of the NE ¼ of Section 17, T.3N., R.1E. PROJECT OVERVIEW A. Summary Modification to the existing development agreement (MDA-15-008, Inst. #2016-049722) to modify provision six (6) to remove “minor vehicle repair” from the prohibited uses and replace the old concept plan with a new one. B. Recommendation Staff: Staff recommends approval of the DA modification with provisions listed in Section IV. C. Decision Council: Approved with the Modification to the DA COMMUNITY DEVELOPMENT DEPARTMENT REPORT FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 5 - COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Commercial/Vacant - Proposed Land Use(s) Commercial - Existing Zoning C-C Zoning VI.A.2 Adopted FLUM Designation Commercial VI.A.3 Table 2: Process Facts Description Details Preapplication Meeting date 1/28/2025 Neighborhood Meeting 2/20/2025 Site posting date 4/12/2025 Table 3: Community Metrics Agency / Element Description / Issue Reference Meridian Public Works Wastewater Error! Reference source not found. • Distance to Mainline Available at site • Impacts or Concerns Yes, any infrastructure changes must be approved by Public Works. Meridian Public Works Water Error! Reference source not found. • Distance to Mainline Available at site • Impacts or Concerns Yes, any infrastructure changes must be approved by Public Works. Note: See section IV. City/Agency Comments & Conditions for comments received or see the public record. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 6 - Table 4: Project Overview Description Details History AZ-09-003, MDA-15-008, A-2016-0316 Acreage 3.57 Acres STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A. General Overview and History The property was annexed with C-C zoning in 2009, consisting of 3.57 acres with two (2) building lots (AZ-09-003). The subject property then went through a development agreement modification to replace the existing DA in 2016 as a part of the Jump Time approval (MDA-15- 008). The concept plan accompanying this DA modification showed 4 buildings with central access to Franklin Road. However, since the annexation, access was required to shift to the west property boundary, which affected the concept plan. Due to the original concept plan, city staff had restricted certain uses, as having children walking through the parking lot with the central access point was a point of concern. Since the access has shifted and cross access has been provided from the property to the east, staff is in support of amending the DA to allow for minor vehicle repair. This use will be rather isolated from the front entrance to Jump Time, and staff is recommending signage to watch for pedestrians. Additionally, minor vehicle repair is otherwise a permitted use in the C-C zone. The properties governed by the current DA do not meet the city’s landscaping standards. As a part of the DA modification, staff is requiring the existing parking lot and landscape buffers to be brought into conformity with UDC 11-3B. Staff discussed this with the applicant during the pre- application meeting, and no concerns were expressed by the applicant. In terms of nearby and adjacent development, there are existing residential subdivisions to the south and west, with commercial to the east. The proposed minor vehicle repair building is oriented away from the existing residential area, which is buffered by the existing Jump Time building and the landscape buffers. B. Site Development and Use Analysis 1. Proposed Use Analysis (UDC 11-2): The applicant is requesting a Development Agreement Modification to allow for Minor Vehicle Repair, which is currently listed as a prohibited use in the DA, an otherwise permitted use in the C-C zoning district. The proposed user “Grease Monkey” is a national oil change and vehicle repair shop. The hours of operation will be limited to 6 am to 11 pm because of its proximity to the existing residential neighborhoods. The applicant has submitted an updated concept plan to reflect the current configuration of the site. The original concept plan shows 4 buildings on the subject properties but with the relocation of the main access point, only two buildings are proposed with the updated concept plan. 2. Specific Use Standards (UDC 11-4-3): A. Vehicle repair may be allowed as an accessory use, subject to the standards for vehicle repair, major and minor, in the district where the use is located. Not applicable. Vehicle Repair is the primary use. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 7 - B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from any street. Not applicable. The applicant will not have inoperable or dismantled vehicles on the property. C. Automotive sales and rental areas shall be subject to the minimum perimeter landscape requirement of parking areas in chapter 3, article B, "landscaping requirements", of this title. Not applicable. D. In addition to chapter 3, article B, "landscaping requirements", of this title, one (1) square foot of landscaping for every fifty (50) square feet of vehicle display area shall be provided. Not applicable. E. Vehicle display pads are prohibited in the required landscape buffers. Not applicable. The applicant will not have a vehicle display area. F. Vehicle display areas shall incorporate design features including, but not limited to, landscape islands, curbing, and pedestrian walkways, that define main drive aisles and internal circulation patterns. Not applicable. C. Development Agreement Modification Existing Provisions: 1. Future development of this site shall substantially comply with the revised conceptual development plan dated March 28th, 2025, included in Section VI and the provisions contained herein. The applicant shall incorporate a pedestrian circulation plan that provides interconnectivity within the proposed development and pedestrian connections to E. Franklin Road. The plan shall be submitted with the first certificate of zoning compliance application. 2. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Department for approval of all future buildings/uses on the site, prior to issuance of building permits. 3. Direct access to E. Franklin Road is limited to the access shown on the conceptual development plan approved with this application. Cross-access shall be provided to the property to the west (parcel #S1117120630) and the property to the east (parcel #S1117110201) for future interconnectivity. A recorded copy of the cross-access agreement(s) shall be provided with the first Certificate of Zoning Compliance application. 4. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8, within 6 months after the date of annexation ordinance approval. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 5. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. 6. The uses allowed pursuant to this agreement are those uses allowed in the C-C zoning district listed in UDC Table 11-2B-2 except for the following: drinking establishments, fuel sales facility, FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 8 - minor vehicle repair, vehicle washing facility, wireless communication facility and vehicle sales and rentals. 7. Bring the existing landscaping buffers and parking lot landscaping into conformity with UDC 11-3B. 8. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 9. The developer/owner shall be responsible for all costs associated with sewer and water service installation. 10. The developer/owner shall construct an 8-foot vinyl fence along the west boundary of the property and a 6-foot fence that matches the existing fence that matches the existing fence adjacent to the southern property boundary and terminate on the western property boundary at the northeast corner of the Yoder Property (Parcel # R3273150110). The owner/developer shall coordinate with the adjacent property owners on the construction of the respective fences. 11. The owner/developer shall construct a 35-foot wide street buffer adjacent to Franklin Road and a 20-25-foot landscape buffer adjacent to the west and southern property boundary and a 5- foot wide landscape buffer on the east property boundary in accordance with UDC 11-3B-7 and UDC 11-3B-9. 12. Any buildings along the southern property boundary shall not exceed 35 feet in height to maintain compatibility with the adjacent residential properties. D. Staff Analysis With the primary access to the development now relocated to the western boundary and cross access provided to the adjacent eastern property, staff supports the applicant’s request to amend the existing development agreement (Inst #2016-049722) to remove vehicle repair minor as a prohibited use and update the concept plan. Furthermore, the current landscape buffers and parking lot landscaping on both properties fall below standard and will be required to be brought into compliance with the certificate of zoning compliance application for parcel #S1117110510. Staff has incorporated this requirement as a new condition in the development agreement and has been in discussions with the applicant about this prior to the submission of the request. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the modification. The addendum shall, at a minimum, incorporate the following provisions: A. The applicant shall comply with the provisions in the existing development agreement (Instrument # 2016-049722) with the addition/modification of the following provisions. • Modify Provision #1: Future development of the subject site shall be substantially consistent with the revised concept plan dated March 28th, 2025, included in Section VI and the provisions contained herein. • Modify Provision #6 to remove vehicle repair, minor as a prohibited use: The uses allowed pursuant to this agreement are those uses allowed in the C-C zoning district listed in UDC Table 11-2B-2, except for the following: drinking establishments, fuel sales facility, vehicle washing facility, wireless communication facility, and vehicle sales and rentals. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 9 - • Add a New Provision to state: Bring the existing landscaping buffers and parking lot landscaping into conformity with UDC 11-3B and demonstrate compliance with the submittal of the certificate of zoning compliance application for the vacant lot (Parcel #S1117110510). • Modify Provision #11 to state a 25-foot landscape buffer instead of 20-foot landscape buffer. The buffers were installed at the correct width, but this was an error from the previous DA. ACTION A. Staff: Staff recommends approval of the proposed modification to the Development Agreement with the modified provision listed in Section IV. B. City Council: The Meridian City Council heard these items on April 22nd, 2025. At the public hearing, the Council moved to approve the subject Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Eric Anderson b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Nick Napoli 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. Whether a vehicle repair, minor use is appropriate with the current use of the site. Council President Cavener was opposed to this use and felt it did not mix well with the current trampoline park on the premises. 4. City Council change(s) to Staff recommendation: a. No formal changes were required, however, the City Council would like to see signage for drivers to watch out for pedestrians. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 10 - EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 11 - 2. Zoning Map 3. Future Land Use FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 12 - 4. Planned Development Map FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 13 - B. Subject Site Photos FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 14 - FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 15 - C. Service Accessibility Report FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 16 - D. Site Plan (date: 3/28/2025) FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 17 - E. Original Concept Plan FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 18 - F. New Concept Plan FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 19 - G. Existing Development Agreement FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 20 - FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Jump Time MDA – H-2025-0011) - 21 - H. Proposed Revisions