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Jump Time MDA-15-008CITY OF MERIDIAN kJD, T /�FINDINGS OF FACT, CONCLUSIONS OF LAW j��j�, %� AND DECISION & ORDERn , J In the Matter of the Request for a Modification to the Development Agreement for Jump Time to amend the dates of the agreement, update the owner information, modify certain sections and provisions contained in the DA and replace the concept plan approved with the annexation of the property, by ALC Architecture. Case No(s). MDA -15-008 For the City Council Hearing Date of: August 25, 2015 (Findings on September 8, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 25, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 25, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 25, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 25, 2015, 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 April 19, 2011, Resolution No. 11-784 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -15-008 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 25, 2015, 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 development agreement is hereby approved per the Staff Report for the hearing date of August 25, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). 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 two (2) year approval period (UDC 11-513-3F). 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 may be 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 may be 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 August 25, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -15-008 - 2 - By action of the City Council at its regular meeting held on the day of SC rAe 'bt , 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTEDQ COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tamm Weerd oRATRD ,j Attest: c;iy,F w 1 m �<<At, Jayc e olma City Clerk rRE1,su����� Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: Ct City Cl 's O ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -15-008 - 3 - EXHIBIT A Jump Time MDA-15-008 1 STAFF REPORT Hearing Date: August 25, 2015 TO: Mayor and City Council FROM: Joshua Beach, Associate City Planner 208-884-5533 SUBJECT: MDA-15-008 – Jump Time I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, ALC Architecture, requests an amendment to the existing development agreement (DA Instrument #111006191) to amend the dates of the agreement, update the owner information, modify certain sections and provisions contained in the DA and replace the concept plan approved with the annexation of the property. See Section VIII Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard these items on August 25, 2015. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Jack Sterm, Chad Babcock, Eric Anderson ii. In opposition: Sheila Yoder, Marcia Yoder iii. Commenting: Jack Sterm iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. The fence along the south and west boundary of the subject property. ii. Developing a drive-through use on the site and providing adequate site circulation. c. Key Council Changes to Staff/Commission Recommendation i. Council approved the applicant’s request to allow for a 6-foot vinyl fence along the southern boundary and an 8-foot vinyl fence on the west boundary of the subject property (DA provision #10). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number MDA-15-008 as presented in the staff report for the hearing date of August 25, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny MDA-15-008 as presented during the hearing on August 25, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number MDA-15-008 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 Jump Time MDA-15-008 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located near the intersection of E. Franklin and S. Eagle Roads, in the NE ¼ of Section 17, Township 3N., Range 1E. B. Owner(s): Matthew R. Macha P.O. Box 2045 Eagle, ID 83616 C. Applicant/Representative: ALC Architecture 1119 E. State Street #120 Eagle, ID 83616 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: July 27 and August 10, 2015 C. Radius notices mailed to properties within 300 feet on: July 23, 2015 D. Applicant posted notice on site by: August 14, 2015 VI. LAND USE A. Existing Land Use(s): The subject property is currently developed with a single family home and associated out buildings that will be removed upon development of the property. B. Description of Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: County Residences and Undeveloped Commercial Properties; zoned RUT (Ada County) and C-G 2. East: County Residences; zoned R2 (Ada County) 3. South: County Residences; zoned R2 (Ada County) 4. West: County Residences; zoned R1 (Ada County) C. History of Previous Actions: 1. In 2009, this site received comprehensive plan map amendment (CPA-09-005) and annexation and zoning (AZ-09-003) approval with C-C zoning known as Macha Retail Plaza. A development agreement was required as a provision of annexation, recorded as Instrument #111006191. D. Utilities: 1. Public Works Location of sewer: Sewer is stubbed to each parcel from E Franklin Road Location of water: Water is stubbed to each parcel from E Franklin Road E. Physical Features: EXHIBIT A Jump Time MDA-15-008 3 1. Canals/Ditches Irrigation: None 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Floodplain: The subject property does not lie within the floodway or floodplain. F. Access: The conceptual development plan submitted with this application shows a single access to Franklin Road. VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The current development agreement (DA) for Macha Retail Plaza requires that future development of the site substantially comply with the conceptual development plan included in Exhibit A.2. The approved concept plan depicts eleven (11) buildings, interconnected walking paths, hardscape plaza areas, several water features and landscaped entryway into the development. The applicant has a new vision for the property and is proposing to modify the concept plan approved with the annexation of the property (see Exhibit A.3). The proposed concept plan depicts four (4) buildings that vary in scale and bulk however no square footages are depicted on the plan. The concept plan also depicts a drive-through on this site which is within 300 feet of a residential use. Per UDC 11-4-3-11, drive-through establishments require CUP approval if they are located within 300 feet of an existing residence or residential district. In addition, there are specific use standards for drive-through establishments that are listed in UDC 11-4-3-11. If a drive-through establishment is proposed on this site, a CUP shall be required that complies with the UDC standards. A majority of the design features staff supported with the original concept plan are proposed to be removed with the subject application. The applicant also requests to update the dates, owner information, and to amend certain provisions of the recorded development agreement as follows: (Staff’s recommendation for each change is in italicized text below ). 1. Future development of this site shall substantially comply with the conceptual development plan included in Exhibit A.3 including the interconnected walking paths, hardscape plaza areas including water features and an entrance parkway as proposed. With the request to modify the concept plan, the applicant is proposing to reduce pedestrian connectivity and amenities approved with the original concept plan. Staff recommends the applicant 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. This provision remains the same. 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. The new concept plan depicts the cross access to both properties on the west and east. There are no changes proposed to this DA provision. 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 EXHIBIT A Jump Time MDA-15-008 4 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. This provision remains the same . 5. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. within 6 months after the date of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 6. The developer/owner shall provide a master address kiosk at the entrance of the development containing a directory map and addresses of the buildings within the development. Said signage and any additional requirements (i.e. addressing, maps, number and letter sizes) shall be done through coordination with the Meridian Fire Department. Remove from the DA: In discussions with the Meridian Fire Department, staff has determined that with the reduction in the number of buildings there is no need for an addressing kiosk on the property and therefore staff is in favor of removing this condition from the Development Agreement. 7. 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, minor vehicle repair, vehicle washing facility, wireless communication facility and vehicle sales and rentals. This provision remains the same. 8. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. This provision remains the same. 9. The developer/owner shall be responsible for all costs associated with sewer and water service installation. This provision remains the same. 10. The developer/owner shall construct an 8-foot tall solid fence decorative CMU wall adjacent to the southern property boundary and terminate on the western property boundary at the northeast corner of the Yoder Property (Parcel #R3273150110). Said fence shall match and tie into the existing fence that is currently along the southern boundary of the property. The approved concept plan depicted an 8-foot concrete masonry unit (CMU) wall adjacent to the southern and a portion of the western boundary. The applicant at the time indicated that the home owners to south expressed some concern regarding the proposed development and the applicant agreed to construct the wall to mitigate the concerns of those neighbors. As a result, staff recommended a DA provision that the applicant construct the CMU wall as proposed. Staff believes the new owner should construct the CMU wall to mitigate any impacts to the neighbors. 11. The developer/owner shall construct a 35-foot wide street buffer adjacent to Franklin Road and a 205-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. The applicant is seeking a waiver from Council to reduce the landscape buffers along the west, east and south boundary as allowed under UDC 11-3B- 9C.2. A 25-foot buffer is required when a commercial use abuts a residential use which it does on the west, east and south boundary. Since the property on the east was included in CPA 09-005 and may (upon annexation) be developed with commercial uses, staff is amenable to the landscape buffer reduction on the east boundary. Staff is also supportive of the buffer reduction to 20 feet along the south and west boundary if the applicant constructs the decorative CMU wall as described in DA provision #10 above. EXHIBIT A Jump Time MDA-15-008 5 12. The four Any buildings along the southern property boundary shall not exceed 35 feet in height to maintain compatibility with the adjacent residential properties. Staff is supportive of this modification. 13. A request to construct a monument sign adjacent to Franklin Road. The applicant is requesting this as a new DA provision. This provision is not needed in the DA because the applicant would be allowed a monument sign along Franklin Road subject to the requirements in UDC 11-3D. Staff recommends approval of development agreement modification based on Staff’s recommended Changes in Exhibit A.5. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing Conceptual Development Plan & Building Elevations 3. Proposed Conceptual Building Elevations 4. Proposed Changes to the Text of the Development Agreement 5. Recommended Development Agreement Changes EXHIBIT A Jump Time MDA-15-008 6 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Jump Time MDA-15-008 7 Exhibit A.2: Existing Conceptual Development Plan & Building Elevations EXHIBIT A Jump Time MDA-15-008 8 Exhibit A.3: Proposed Conceptual Development Plan EXHIBIT A Jump Time MDA-15-008 9 Exhibit A.4: Proposed Changes to the Text of the Development Agreement EXHIBIT A Jump Time MDA-15-008 10 EXHIBIT A Jump Time MDA-15-008 11 EXHIBIT A Jump Time MDA-15-008 12 EXHIBIT A Jump Time MDA-15-008 13 EXHIBIT A Jump Time MDA-15-008 14 EXHIBIT A Jump Time MDA-15-008 15 EXHIBIT A Jump Time MDA-15-008 16 EXHIBIT A Jump Time MDA-15-008 17 EXHIBIT A Jump Time MDA-15-008 18 EXHIBIT A Jump Time MDA-15-008 19 Exhibit A.5: Recommended Development Agreement Changes 1. Future development of this site shall substantially comply with the conceptual development plan included in Exhibit A.3. 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. within 6 months after the date of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 6. The developer/owner shall provide a master address kiosk at the entrance of the development containing a directory map and addresses of the buildings within the development. Said signage and any additional requirements (i.e. addressing, maps, number and letter sizes) shall be done through coordination with the Meridian Fire Department. 7. 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, minor vehicle repair, vehicle washing facility, wireless communication facility and vehicle sales and rentals. 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 decorative CMU wall vinyl fence along the west boundary of the property and a 6-foot 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 applicant shall coordinate with the adjacent property owners on the construction of the respective fences. 11. The developer/owner shall construct a 35-foot wide street buffer adjacent to Franklin Road and a 20-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. The four Any buildings along the southern property boundary shall not exceed 35 feet in height to maintain compatibility with the adjacent residential properties.