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HomeMy WebLinkAboutPollard West H-2026-0015 Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C��(IEFI DIAN:-, AND DECISION& ORDER , In the Matter of the Request for a Modification to the Existing Development Agreement(Pollard Subdivision Inst.#2019-060655) for a New Agreement for Lots 1-7,Block 2,Pollard Subdivision No. 1 (Pollard West)to Update the Conceptual Development Plan for the Site,by Brighton Development. Case No(s).H-2026-0015 For the City Council Hearing Date of: June 26,2026 (Findings on July 7, 2026) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 26,2026, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 26, 2026,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 26, 2026, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 26,2026, 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 § I I-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 POLLARD WEST H-2026-0015 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 26,2026, 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 § 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 existing development agreement for a new development agreement for Lots 1-7,Block 2,Pollard Subdivision No. 1 is hereby approved per the provisions in the Staff Report for the hearing date of June 26,2026,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 26,2026 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR POLLARD WEST H-2026-0015 -2- By action of the City Council at its regular meeting held on the 7th day of July 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 POLLARD WEST H-2026-0015 -3- EXHIBIT A STAFF REPORTC�WEN DIAN COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 23,2026 DATE: TO: Mayor&City Council --------------------------------- s "' FROM: Sonya Allen,Associate Planner 208-884-5533 : . SUBJECT: H-2026-0015 Site Pollard West APPLICANT: Brighton Development,Inc. LOCATION: Generally located on the north side of W. ;. = Chinden Blvd.,the west side of N. Levi �P aNP�s„ Ave. and the south side of W. Waverton .N wi�nriq[uq F Rd.,in the southwest 1/4 of Section 21, TAN.,R.1W. 1. PROJECT OVERVIEW A. Summary Modification to the existing Development Agreement(Inst. #2019-060655)for a new agreement for Lots 1-7, Block 2,Pollard Subdivision No. 1 to update the conceptual development plan for the site. B. Recommendation Planning Division: Approval C. Decision City Council: Approved D. Table of contents Community Metrics.............................................................................. II StaffAnalysis..................................................................................... III City/Agency Comments and Conditions...................................................... IV Action.............................................................................................. V Exhibits............................................................................................ VI Page 1 II. COMMUNITY METRICS Table 1: Land Use Description Details Acreage 23.30 Future Land Use Designation Mixed-use Interchange(MU-I)(17.7 acres)with Medium Density Residential(MDR)along the north boundary(5.6 acres) Current Zoning C-G(General Retail and Service Commercial) Existing/Proposed Land Use(s) Commercial—in development process History(previous approvals) H-2019-0021 Pollard Subdivision Table 2:Process Facts Description Details Preapplication Meeting date 2/24/2026(PREAPP-2026-0039) Neighborhood Meeting 3/19/2026 Note: See section IV. City/Agency Comments &Conditions for comments received or see the public record. III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. History Pollard Subdivision was annexed and received preliminary plat approval in 2019,followed by final plat approval in 2022 and recordation in 2023. The annexation area encompassed 77.33 acres of land located on the east and west sides of N. Levi Ave., along the north side of W. Chinden Blvd.,midway between N. McDermott Rd. and N. Black Cat Rd.,as shown on the vicinity map below. I As part of the annexation process,the applicant entered into a Development Agreement(DA) (recorded as Inst. #2019-060655)that includes provisions governing future development of the property. Among other provisions,future development is required to be generally consistent with the conceptual site plan approved with the annexation. In 2024, a modification to the DA was approved that removed the single-family residential portion of the development along the north side of W. Waverton Dr. from the agreement(H- 2024-0037 Pollard North). Page 2 B. General Overview The Applicant requests approval of a modification to the existing Development Agreement(Inst. #2019-060655) for a new agreement for Lots 1-7,Block 2,Pollard Subdivision No. 1 to update the conceptual development plan for the site. The existing DA will remain in effect for the portion of the development east of N. Levi Ave. The existing approved conceptual development plan is shown below(the area outlined in red is the subject site). This portion of the development was entitled to develop with a medical campus consisting of a 95K square foot(s.£)medical office building,including a surgical center, free-standing emergency department and a 50-bed hospital. R ✓ r { v t w e � - yl Three(3)of the lots have already received Certificate of Zoning Compliance approval for the following uses: an 80,600 square foot medical office building on Lot 3,Block 2 (A-2026-0016), an electrical wholesale supply company on Lot 2,Block 2 (A-2025-151), and a credit union on Lot 1,Block 2 (A-2024-0150)and are in the development process. A conditional use permit for a daycare center has been submitted on Lot 4,Block 2 (H-2026-0030); approval of this application is contingent upon the subject modification being approved. 1352.12- W.Wawrton Dr, •! .f 7 .I CURVETABtE .! artvegMTA mono aRa O—oCI-I& ' 3Y'aQW St'3�1'55'E 1M.13- t — © gE Z SLOM2 :I :I :I N69'D'tTW O 92.3T ] su 81+74.ta 1eo.oa :I r s seal POfM OF BIX.RtNING •I NRT13'39'W 900sg' Page 3 t kL eJs_dF4_._:1.��-_ j '� �L -:F. ;'1 34 Aso � ? N.T A PART `III` In I irr:_N'LU25-IMU554 1 h40260078 .N � NpT I PdRT we�in - uA Instrument a201}pfiDfifiS 7 a mzwesu e The purpose of the modification is to update the conceptual development plan to accurately reflect current development activity and to allow for independent progression of the identified lots. The site layouts with access,parking,pedestrian pathways and public/quasi-public gathering areas/plazas that have already been approved are depicted on the proposed conceptual development plan,included above and below in Section VI.B. Lot 6 is still anticipated to develop with a hospital; Lot 5 is anticipated to have two(2)commercial buildings. Because this property is located in the Mixed Use—Interchange(MU-1)designation, specific development provisions are required as noted in the existing DA that pertain to common usable open space in commercial areas such as plazas or green space; supportive and proportional public/quasi-public spaces and places; and safe pedestrian access and connectivity within developments as set forth in the Comprehensive Plan. The existing entitled uses were held to these standards and Staff recommends the remaining lots are also held to these standards. Therefore, Staff recommends these provisions are carried over to the new DA as noted below in Section IV. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1.1 The new 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 and shall incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan included below in Section VI and the provisions contained herein. Lot 6.that doesn't include a conceptual development plan, shall develop with a hospital or similar healthcare use as proposed by the developer. b. Future structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted concurrently with the Certificate of Zoning Compliance application and approved prior to submittal of building permit applications. Page 4 c. Commercial buildings within the development shall be arranged to create some form of common,usable area, such as a plaza or green space as set forth in the Comprehensive Plan for mixed use designated areas(see p. 3-18). d. Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5%of the development area shall be provided within the mixed use portion of the development as set forth in the Comprehensive Plan(outdoor seating areas at restaurants do not count) (see p. 3-18). e. Buildings,landscaping, and other design features near the SH-1 6/SH-20/26 interchange need to reflect Meridian's heritage,quality, and character as one of the regional gateways to the City of Meridian in accord with the Comprehensive Plan (see p. 3-25). f. Internal pedestrian walkways shall be provided from perimeter sidewalks to the main building entrance in accord with the standards in UDC 11-3A-19B.4 and between uses along drive aisles for safe pedestrian access and connectivity as set forth in the Comprehensive Plan(see pp. 3-18 and 3-19). B. Public Works https:llweblink.meridianci y.orglWebLinkIDocView.aspx?id=443068&dbid=0&repo=MeridianC hty C. Department of Environmental Quality(DEQ) https:llweblink.meridiancily.or lWebLinkIDocView.aspx?id=444834&dbid=0&redo=MeridianC iv V. ACTION A. Staff: Staff recommends approval of the requested Development Agreement Modification per the provisions included above in Section IV. B. City Council: The Meridian City Council heard these items on June 26,2026.At the public hearing,the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Eli Benski,Brighton Development b. In opposition: None C. Commenting: Denise LaFever d. Written testimony: Denise LaFever,Irene Hoffmann&David Hoffinan e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Request for all relevant development requirements and conditions to be carried over into the new development agreement. 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Staff's recommendation: a. Include a DA provision that limits the use on Lot 6 to a hospital or similar healthcare use because a conceptual development plan isn't proposed for that lot. Page 5 VI. EXHIBITS A. Legal Description and Exhibit Map for Property Subject to Modified Development Agreement I= ENCa1 N EE R ItrG March 17,2026 Pollard Subdivision No.1 Project No.21-240 [)eve lopment Agreement Modiflution-Legal Description Lots 1-7,Block 2 of Pollard Subdivision No.I{Hoak 127 of plats,pages 20407-20411,records of Ada County, Idaho),situated in a portion of the Southeast 1/4 ofthe Southwest 1/4 of Section 21,Townshlp 4 North,Bang@ 1 West,B.f,n.,City of Meridian,Ada County,Idaho,and being more pa rtieularly described as follows: Commencing at an aluminum cap marking the South 114 corner of Bald Section 21 which bears S89'27'17"E a distance of 2,609.39 feet from an aluminum cap marking the Southwest corner of said Section 21; The rite following the easterly line of the southeast 1/4 of the Southwest 1/4 of said Section 21,Np0`32'12"E a distance of 115.00 feet to a 5/8gnch rebar on the northerly right-of w4y line of W.Chinden Boulevard; The nce following sa Id northerly right-af-way line,N89'27'17"W a distance of 34.80 feet to a 1/24 nch reba r and being the POINT OF BEGINNING. The nce fol lowing said nort herly right-af-way line the fol lowing th ree(3)courses= 1. N89`27'17"W a distance of 277.35 feet to a 5/9-inch rebar, 2. N57'13'39"W a distance of 900.68 feet to an aluminum cap; 3. NW27'17"W a distance of 92.37 feet to a 5/8-inch rehar on the westerly line of said Southeast 1/4 of the Southwest 114; Thence leaving said northerly right-af-ray li ne and following said westerly Il ne,N00"34'56%a distance of 33.86feet to a 1/2-inch re bar on the easberiy right-of--way line of N.Pollard Lane; Thence leaving said westerly line and fo lkruing sa id easterly right-of-way line the following three(3)courses: 1. 191A1 feet along the arc of a curve to the left,said curve having a radius of 60.50 feetr a delta angle of 181'1634,a chord bearing of N11`23'CW E and a chard distance of 120.99 feet to a 1/2-inch rebar; 2. 34.14 feet along the arc of a reverse curve to the right,said curve having a radius of 24.50 feet,a delta angle of 79'9Y09",a chord bearing of N39'XYCTW and a chord distance of 31.44 feet to a 1/2-inch rebar, 3, N4p°34'56"E a distance oF598.56 feet to a 1/2-inch rebar on the southerly right-of--way line of W. Waverton Drive; Thence leaving said easterly right-of-way line and following said southerly right-of-way line the following three (3)courses; 1. N45'33'WE a distance of 19.79 feet to a brass plug; 2. SBT27'06"1:a distance of t 236.64 fleet to a 1/2-inch rebar; 3. S44"26'19"E a distance of 23.34 feet to a 1/2-inch rebar on the westerly right-of-way line of N.Levi Avenue; Thence leaving said southerly right-of-way line and!allowing said westerly right-of-way line,500"34'29"W a distance of 807,80 feet to the POIIwTOF BEGINNING. Said parcel contains 23.393 acres,more or less,more or less,and is subject to 9T all existing easements and/or rights-of-way of record or implied. +�,,11 w 12459 o V 5725 North Discovery Wwy-Bolse,Idaho B3713-206.639.M9+ kme1M96p.tom Page 6 r s99'27%"e 1236.6d 4 F W N 9op,6e ^ 277.35 n T1 712026 Scale: 1 inC = 170 feet Ile: Tract 1;23-3B26 Acre5,Cimure.rr00.00008 0.00 ft.i1r999M),PermolwA218 tl- -- -— 01 n&9.2717w277-a5 10 s44,2619e 23.34 02 W.133Sw946,98 11 5Q0.3429w B47.8 03 nS9.2717w92,37 0.1 n00.3d5fie 33.86 05 Lk,r=60,50,dolt$2161.1634,drord3111.23046120.98 06 Rt,r-24.50,tl611b=07B,50t>9,Chord=n39200Bw 31.44 07 n00.3456e%BM 08 n45.3355e 19.79 Page 7 B. Proposed Conceptual Development Plan ,yYMg�y� .r.l� W_WAVEATC1. i A-2026-0016 �s�] PDLLARD a SIIBDIV1S10N NO.1 ❑RIVE AISLE s } i Boa� a A-2025-0151 2 O SHOWN FOA CONCEPT PENDING FUTURE APPROVAL A-2024.0150 Figure 3;Updoted Layout in Detoi! Page 8