HomeMy WebLinkAboutFindings for Approval 5/17CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIZ IAN~-
~J
In the Matter of Request for a Modification to the Development Agreement for Meridian Vision
(fka Hoyd Property), Located on the Northeast Corner of N. Meridian Road & Carmel Drive, by
Dr. Kevin McElroy.
Case No(s). MDA-11-003
For the City Council Hearing Dates of: Apri119 and 26, 2011 (Findings on May 17, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of Apri126, 2011, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of Apri126, 2011, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of Apri126, 2011,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of Apri126, 2011, 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 at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-1 I-003
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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
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the provisions in the attached Staff Report for the hearing date of
April 26, 2011, incorporated by reference. The provisions 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-SA 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
provisions in the attached Staff Report for the hearing date of April 26, 2011, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting the modification.
A modification to the development agreement maybe initiated prior to signature of the
agreement by all parties and/or maybe 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 two (2) year approval period
(UDC 11-SB-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which maybe adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of Apri126, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-11-003
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By action of the City Council at its regular meeting held on the day of
2011.
COUNCIL PRESIDENT DAVID ZAREMBA VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIlZD VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
Attest:
Jaycee Holman, City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-11-003
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EXHIBIT A
STAFF REPORT Hearing Date: Apri126, 2011
(Continued from April 19, 2011) E IDIAN~--
TO: Mayor & City Council I D A H O
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: MDA-11-003 -Meridian Vision (fka Hoyd Property)
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Dr. Kevin McElroy, requests approval to modify the existing development agreement
(MDA) (Instrument No. 107067262) for the subject property to include a new conceptual
development plan and building elevations. See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the amended conceptual site plan, building
elevations, and provisions listed in Exhibit A.
itv Council heard these items on April 19 and 26.2011. At the public hearing o
nri126t". the Council approved the subiect MDA request
a: Summary of City Council Public Hearin:
L In favor: None
1L In oRposition: None
111. Commenting: None
iy. Written testimony: Brian Garrett, An_nlicant's Representative
y. Staff nresentin~ application: Pete Friedman
yi. Other staff commenting on ao_nlication: None
1~ ev Issues of Discussion by Council:
i< None
~ Kev Council Changes to Staff/Commission Recommendation
i< None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-11-
003 as presented in the staff report for the hearing date of April 26, 2011, with the following
modifications: (Add any proposed modifications.) Ifurther move to direct Legal Department Staff to
prepare an amended Development Agreement for this property that reflects the changes noted in
Exhibit A.
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-11-003 as
presented during the hearing on April 26, 2011, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number MDA-11-003 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
Exhibit A
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the northeast corner of N. Meridian Road & Carmel Drive, in
the southwest % of Section 6, Township 3N., Range lE.
B. Owner(s):
McElroy Investments, LLC
3022 E. Green Canyon Drive
Meridian, ID 83642
C. Applicant:
Dr. Kevin McElroy
1012 N. Main Street
Meridian, ID 83642
D. Representative:
Brian Garrett, Erstad Architects
420 W. Main Street, #202
Boise, ID 83702
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: Apri14, and 11, 2011
C. Radius notices mailed to properties within 300 feet on: April 1, 2011
D. Applicant posted notice on site by: April 8, 2011
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant undeveloped property in the C-C
(Community Business) zoning district.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Residential property, zoned C-C
2. East: Residential properties in La Playa Manor Estates Subdivision, zoned R-8
3. South: Carmel Drive & vacant property, zoned RUT in Ada County
4. West: Vacant rural residential property, zoned RUT in Ada County
C. History of Previous Actions:
• The subject property was annexed (AZ-06-062) in 2007 and zoned C-C. A development
agreement was approved as a provision of annexation (Instrument No. 1081311037067262).
D. Utilities:
1. Public Works:
a. Location of sewer: Stubbed to the property from N Meridian Road.
Exhibit A
EXHIBIT A
b. Location of water: Located in E Carmel Dr.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: An open canal runs along the east boundary of this site.
2. Hazards: The open canal along the east boundary of the site may represent a hazard to young
children.
3. Flood Plain: A small portion of this site along the east boundary lies within flood zones X5
and AE; the AE portion lies within a flood way.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. The
purpose of this category is to provide a full range of commercial and retail to serve area residents and
visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well
as appropriate public uses such as government offices.
The subject 1.12 acre property, zoned C-C, is proposed to develop with a 2, 700 square foot office
building with a pad for future development as shown on the conceptual development plan, consistent
with the Commercial designation.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for
the retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Allowed uses in the C-C district consist of larger scale and broader mix of retail, office, and
service uses. Properties should have access to arterials or nonresidential collector streets. The
subject property proposed for office uses is located adjacent to Meridian Road, an arterial street;
the proposed office use is consistent with the future land use map designation of "Commercial "
for this property.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists uses that are principal
permitted uses, conditional uses, and prohibited uses in the C-C zoning district. An office building
is proposed on the concept plan along with a building pad for a future structure. Office uses are
classified in the UDC as a professional service and are a principal permitted use in the C-C
zoning district.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is for a modification to the Development Agreement (DA) to update the conceptual
development plan, building elevations and construction materials for the future structure.
Since the original DA was recorded, the property has changed ownership. The former owner had
planned to construct a two story, 14,000 square foot office building on the site. The new owner
wishes to develop the property with a single story 2,700 square foot office building with an
additiona15,000 square foot building pad for future development. Therefore, a modification to the
DA is necessary to update the development plan & building elevations.
The current DA requires an easement to be recorded prior to issuance of Certificate of Zoning
Compliance (CZC) that grants cross-access to the property to the north The applicant requests an
amendment to the agreement to allow the easement to be recorded prior to issuance of Certificate
Exhibit A
EXHIBIT A
of Occupancy instead. The reason is so that they can proceed with submittal of the CZC without
delay. Staff is amenable to this request.
Staff has also included a few minor amendments to the DA along with reasons for the changes in
Exhibit A.6.
In summary, staff is of the opinion that the proposed amendments are in keeping with the spirit
and intent of the original development agreement and recommends approval of the proposed
modification.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Previously Approved Conceptual Development Plan (dated: 12/28/06)
3. Proposed Conceptual Development Plan (dated: 3/15/11)
4. Previously Approved Conceptual Building Elevations
5. Proposed Conceptual Building Elevations (dated: 3/15/11)
6. Proposed Changes to Development Agreement
Exhibit A
EXHIBIT A
Exhibit A.1: Vicinity Map
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EXHIBIT A
Exhibit A.2: Previously Approved Conceptual Development Plan (dated: 12/28/06)
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Exhibit A
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EXHIBIT A
Exhibit A.3: Proposed Conceptual Development Plan (dated: 3/15/11)
Exhibit A
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EXHIBIT A
Exhibit A.4: Previously Approved Conceptual Building Elevations
Front Elevation:
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Side Elevation:
Construction Materials• The maiority of the ex terior finish will be fiber-cement with raised
accents aroun d windows and corners. while the bo ttom of the lower story. and the corner s from
floor to ton o f 2"d floor walls will be finished in a cultured stone wainscot with a "stack- stone"
appearance on all four sides of the building. All fasci a. and soffits will be a paintable fiber-cem ent or
trim. The entry will be accen ted with a natural or painted heave timber
appearance. R oofing material will be a 40-veer he ave architectural asphalt shingle in a s late or
black shade A ll exterior doors will be heavy comm ercial grade construction and finish. W indows
will be Energy Star®, low-E, color-coordinated heave vinyl.
Exhibit A
EXHIBIT A
Exhibit A.S: Proposed Conceptual Building Elevations (dated: 3/15/11)
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EXHIBIT A
Exhibit A.6: Proposed Changes to Development Agreement
Applicant's proposed changes are noted in strike-out/underline format; staff's recommended changes are
noted in double strike-out/double underline format. Staff's comments are italicized.
Staff has included all of sections 4 and S, including the portions not proposed to change (shown in
regular type), for Council's benefit.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the C-C zoning
district_under the City's Zoning Ordinance codified as Meridian Unified Development Code § 11-
2B-2
Staff recommends this section be modified as shown. The previous use approved for the property
was office, not retail; however, there are also other uses listed in UDC I1-2B-2 that are allowed
in the C-C zoning district.
4.2 No change in the uses specified in this Agreement shall be allowed without modification of this
Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the following special conditions:
1. Across-access easement to Carmel Drive shall be provided to the property e to the north
(r,~....,-..__. Tr,..~~ parcel No. 51106336012). Prior to issuance of Certificate of ~g
Occupancy on this site, submit a recorded copy of said cross-access easement to
the Planning Department.
The applicant requests approval to submit a copy of the recorded easement prior to
occupancy rather that issuance of CZC to allow additional time to draft and record the
easement. Staff is amenable to this request.
Because ownership ofproperty changes, Staff recommends including a parcel number
instead of owner name.
2. The hours of operation for future businesses on the site shall be limited to the hours between
6:00 am and 10:00 pm to reduce possible adverse impacts on the existing residences to the
site.
3. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit
from the Planning Department for all new construction on the subject property. Concurrently.
the applicant shall obtain. administrative design review annroval of the nronosed structure(sl
and site in accord with the standards listed in UDC 11-3A-19 and the guidelines listed in the
Meridian Desien Manual.
Since this property was annexed, design standards have been adopted which are applicable
to all new development.
4. All future development of the subject property shall comply with City of Meridian ordinances
in effect at the time of development.
EXHIBIT A
5. Any future building on the site shall substantially comply with the conceptual elevations and
construction materials submitted to the City as shown in Exhibit A of the Staff Report.
A change to the elevations & construction materials are proposed as shown in Exhibit A. S;
this provision shall refer to the amended plan included in this report.
6. The detailed site plan submitted with any CZC application on this site shall substantially
comply with the conceptual development plan submitted to the City as shown in Exhibit A of
the Staff Report.
A change to the conceptual development plan is proposed as shown in Exhibit A.3; this
provision shall refer to the amended plan included in this report.
7. The applicant shall be responsible for all costs associated with sewer and water service
installation.
8. No direct lot access to Meridian Road shall be allowed to this site.
9. Upon development of the property, a minimum 25-foot wide landscape buffer shall be
constructed along N. Meridian Road. The landscape buffer shall be placed on the subject
property, in accordance with the UDC standards.
10. Upon development of the property, a minimum 10-foot wide landscape buffer shall be
constructed along Carmel Drive. The landscape buffer shall be constructed in accordance
with the UDC standards.
11. Upon development of the property, construct a minimum 25-foot wide landscape buffer
adjacent to any existing residential uses which abut this site.
12. . In accord with the
Meridian Pathways Master Plan. a 10-foot wide multi-use pathway is required to be
constructed along N. Meridian Road. Five-feet may be added to the existing sidewalk to
sati this requirement similar to the nathwav constructed on the property to the north at
1990 N. Meridian Road.
An attached sidewalk already exists along Meridian Road and Carmel Drive; therefore, the
requirement is not necessary. Staff recommends the pathway requirement be added instead
consistent with the Meridian Pathways Master Plan.
13. Any new building on this site shall be required to receive elevation certification.
14. The applicant shall complete all required improvements prior to obtaining a Certificate of
Occupancy for the proposed development.
15. 100 Watt and 250 Watt. hieh-pressure sodium street lights shall be required per the City of
Meridian Department of Public Works Improvement Standards for Street Liehtin~. All street
li is shall be installed at developer's expense. Final design shall be submitted to the Public
Works Department for approved. The street light contractor shall obtain the approved design
on file and an electrical ermit from the Public Works Department prior to commencin
installations. The contractor's work and materials shall conform to the ISPWC and the City
of Meridian Supplemental Specifications to the ISPWC This condition has been added as
new design requirements have been approved requiring this installation.
EXHIBIT A
16. A portion of this development lies within the Meridian Floodplain Overlay District. The
applicant will be required to submit a Floodplain Development Permit and secure approval
before any construction can begin. Permit approval may require development of Base Flood
Elevations mappine of the floodplain and / or floodwav boundaries. and analysis of the effect
of the development on the floodplain Applicant should reference Citv Flood Damaee
Prevention Code and coordinate with the Floodplain Administrator to verify requirements.
This condition has been added as new design requirements have been approved requiring
development in the floodplain to be certified before construction.
EXHIBIT A
Replace the existing conceptual development plan shown in Exhibit A of the development agreement with
the updated plan proposed in Exhibit A.3 of the subject staff report.
Replace the existing conceptual building elevations & construction materials shown in Exhibit A of the
development agreement with the updated plan proposed in Exhibit A.5 of the subject staff report.