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HomeMy WebLinkAboutApex Zenith MDA H-2026-0014 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C��(IEFI DIAN:-, AND DECISION& ORDER , In the Matter of the Request for an amendment to the existing development agreement(Inst.#2025- 010344)for the purpose of modifying the phase 1 road frontage landscape improvements,by Brighton Corporation. Case No(s). H-2026-0014 For the City Council Hearing Date of: June 23rd,2026 (Findings on July 7th 2026) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 23rd,2026,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 23rd, 2026, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 23rd, 2026, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 23rd,2026, 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(APEX ZENITH MDA-H-2026-0014) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 23rd,2026, 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 development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 23rd, 2026, 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 §§ 67-652 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 June 23rd, 2026. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH MDA-H-2026-0014) -2- By action of the City Council at its regular meeting held on the 7th day of MY 2026. COUNCIL PRESIDENT JOHN OVERTON VOTED COUNCIL VICE PRESIDENT ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER LIZ STRADER VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 7-7-2026 Attest: Chris Johnson 7-7-2026 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: _ _Dated: 7-7-2026 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH MDA-H-2026-0014) -3- Exhibit A COMMUNITY DEVELOPMENT WE PIDIAN�-- DEPARTMENT REPORT HEARING 6/23/2026 Legend DATE: © Project Location m TO: Mayor& City Council .::area or impact i= city Limits y FROM: Nick Napoli,Associate Planner O Analysis 208-884-5533 nnapoli@meridiancity.org E- i r W- , APPLICANT: Amanda McNutt J SUBJECT: H-2026-0014 Apex Zenith , LOCATION: Located at the southeast corner of Meridian Road and Lake Hazel Road in a portion of Lot 4 of Section 6, T.2N., RJ E. I. PROJECT OVERVIEW A. Summary Amend the existing development agreement(Inst. #2025-010344)for the purpose of modifying the phase 1 road frontage landscape improvements. B. Recommendation Planning Division: Approval with amended development agreement C. Decision City Council: Approval D. Table of Contents Community Metrics.............................................................................. II StaffAnalysis..................................................................................... III City/Agency Comments and Conditions...................................................... IV Action.............................................................................................. V Exhibits............................................................................................ VI FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH MDA—H-2026-0014) -4- II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Vacant - Proposed Land Use(s) Vacant - Existing Zoning C-G(General Retail and Service Commercial District) VI.A.1 Proposed Zoning C-G(General Retail and Service Commercial District) Adopted FLUM Designation Mixed Use Regional VLA.2 Table 2: Process Facts Description Details Preapplication Meeting date 3/24/2026 Neighborhood Meeting 3/18/2026 Site Posting Date 06/11/2026 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(APEX ZENITH MDA—H-2026-0014) -5- III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. History Apex Zenith was annexed and rezoned in 2024, followed by a preliminary plat on the north portion in 2025 and a final plat in 2026. Phase two(2)of the development has not been submitted yet; however,the applicant has indicated that they intend to submit a preliminary plat for the rest of the development. As part of the annexation and rezone process,the applicant entered into a Development Agreement that included requirements for landscaping to be installed along all roadway improvements except for a portion along Meridian Road that City Council granted deferment on. The applicant is now requesting the landscaping along the southern portion of the site be deferred to the future preliminary plat for phase two(2) of the development. B. General Overview The applicant is requesting to modify development agreement provision i.2 and the associated exhibit to allow for the landscaping improvements along the southern'/4 mile of Optima Avenue, Meridian Road, and a portion Aristocrat Drive to be deferred to their future submittal of a preliminary plat for phase two(2) of the Apex Zenith Development. The applicant's narrative states the main reason behind this request is to avoid installing and potentially damaging or removing the landscaping with future construction of phase two(2). In addition,these landscaping improvements are tied to the first certificate of occupancy(Costco)within the Apex Zenith development. The reason these landscape buffers were required with phase one(1) of the development was due to the applicant constructing roads outside of the subdivision process which did not provide a mechanism for staff to allow for the phasing of these improvements. The applicant requested the southern'/4 mile along Meridian Road be deferred due to the outparcel being present. Ultimately, City Council approved the applicants request to defer the southern'/4 mile along Meridian Road. The applicant has indicated that they will be submitting for phase two(2)of the Apex Zenith development in the near future which will require a new preliminary plat to be submitted. However, staff has not received an application including the new plat at this time. Staff does not support the applicants' request as presented in their narrative. However, staff does support the request provided that a performance surety is posted for the deferred landscaping improvements. This requirement ensures the City has a mechanism to require completion of the improvements in the future,regardless of the timing of subsequent preliminary or final plat(s). Staff notes that the improvements being deferred are landscaping only and pedestrian connections will still be installed with the associated roadways. C. Development Agreement Modifications Existing: Install landscape buffers as shown in Exhibit F: Landscape Buffer Exhibit of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B." Proposed: Install landscape buffers as shown in exhibit D: Updated Landscape Buffer Plan and post a performance surety for the remaining improvements that will be released upon completion of the remaining landscape buffers. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH MDA-H-2026-0014) -6- IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1.1 The amended Development Agreement shall be signed by the property owner(s) and returned to the Planning Division within six(6)months of the City Council approval of the Findings. The addendum shall incorporate the following: a. Modify Provision i.2: Install the landscape buffers as depicted in Exhibit C,titled "Updated Landscape Buffer Plan," or provide a performance surety for the remaining improvements prior to the issuance of the first Certificate of Occupancy within the development. V. ACTION A. Staff: Staff recommends approval of the requested Development Agreement Modification per the conditions of approval included in Section IV. B. City Council: The Meridian City Council heard these items on June 23',2026.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: Amanda McNutt 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. City Council discussed briefly the amount that the bond would be for. Staff informed the City Council that the dollar amount for the bond will be determined as the applicant gets closer to completion and the first certificate of occupancy within the larger development. 4. City Council change(s)to staff s recommendation: a. None VI. EXHIBITS A. Project Area Maps FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH MDA-H-2026-0014) -7- 1. Zoning Map Legend 1 —� C Project Location 0 Area of Impact m � R-.B � R-2 OAnalysis R-MM UT C-G C-2 RR R-4 C� 2. Future Land Use MU C Legend 0 L_ Project Location Area of Impact OAnalysis Density Residential r MU-RG -� Med-High _ Density Resid ntial Low Density R esidential 1_1 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH MDA-H-2026-0014) -8- 3. Planned Development Map Legend L Project Location m 'T City Limits Planned Parcels Area of Impact Q ® Analysis - uuu � 1 � � 1 1 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH MDA-H-2026-0014) -9- B. Original Landscape Phasing Plan (date: 2/19/2025) i a�•�.rrtiu FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH MDA-H-2026-0014) - 10- C. Updated Landscape Buffer Plan (date: 3/31/2026) Landsc�ape = Lake Hazel Rd associated with Retail Apex Zenith �,� Apex Zenith Anchor and Subdivision Development Apex Zenith Agreement Subdivision Boundary 4 JELF10 Retail Anchor C Z m C improvements O c "Future proposed to be COD Lm om cil—tom required Wkrh - Subdivision Future 0 Momentum FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH MDA—H-2026-0014)