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
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Attest:
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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
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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
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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:
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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
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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.
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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
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Exhibit A.1: Vicinity/Zoning Map
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Exhibit A.2: Existing Conceptual Development Plan & Building Elevations
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Exhibit A.3: Proposed Conceptual Development Plan
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Exhibit A.4: Proposed Changes to the Text of the Development Agreement
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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.