Loading...
Una Mas-MDA H-2015-0016CITY OF MERIDIAN I A I FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER' In the Matter of the Request for a Modification to the Development Agreement for Una Mas Subdivision, by Glenn Walker, Neu Design Architecture. Case No(s). H-2015-0016 For the City Council Hearing Date of, December 15, 2015 (Findings on December 22, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 15, 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 (LC. §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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 15, 2015, incorporated by reference. The conditions are concluded to CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0016 - 1 - 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 conditions of approval in the Staff Report for the hearing date of December 15, 2015, 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 annexation and/or rezone (UDC 11-513-3D). 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 December 15, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0016 - 2 - By action of the City Council at its regular meeting held on the. day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER)-,- Mayor Tam d eerd w `" ��� ,TEDi1 Attest: City of aycee lman City Clerk" Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: n� ? City Clerk's O i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0016 -3 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0016 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Una Mas Subdivision, by Glenn Walker, Neu Design Architecture. Case No(s). H-2015-0016 For the City Council Hearing Date of: December 15, 2015 (Findings on December 22, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 15, 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 15, 2015, incorporated by reference. The conditions are concluded to CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0016 - 2 - 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 conditions of approval in the Staff Report for the hearing date of December 15, 2015, 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 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 11-5B-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 December 15, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0016 - 3 - By action of the City Council at its regular meeting held on the ___________ day of ________________, 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED_______ COUNCIL VICE PRESIDENT KEITH BIRD VOTED_______ COUNCIL MEMBER DAVID ZAREMBA VOTED_______ COUNCIL MEMBER JOE BORTON VOTED_______ COUNCIL MEMBER LUKE CAVENER VOTED_______ COUNCIL MEMBER GENESIS MILAM VOTED_______ MAYOR TAMMY de WEERD VOTED_______ (TIE BREAKER) Mayor Tammy de Weerd Attest: _______________________________ Jaycee Holman City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By:__________________________________ Dated:________________________ City Clerk’s Office EXHIBIT A Una Mas – MDA H-2015-0016 1 STAFF REPORT HEARING DATE: December 15, 2015 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Una Mas – MDA H-2015-0016 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Glenn Walker, NeuDesign Architecture, requests a modification to the existing development agreement (MDA) (Instrument No. 106137048) to remove the requirement for all building elevations to be in substantial conformance with the previously approved elevations. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard this item on December 15, 2015. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: None ii. In opposition: None iii. Commenting: None iv. Written testimony: Glenn Walker, Applicant’s Representative (in agreement with staff report) v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key 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 H-2015-0016 as presented in the staff report for the hearing date of December 15, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2015-0016 as presented during the hearing on December 15, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2015-0016 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 Una Mas – MDA H-2015-0016 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at the southwest corner of E. Ustick Road and N. Records Avenue, in the northwest ¼ of Section 4, Township 3N., Range 1E. B. Owners: Una Mas, LLC 1717 E. Chisholm Drive Nampa, ID 83687 SFP-D, LLC P.O. Box 5350 Bend, OR 97701 C. Applicant: Glenn Walker, NeuDesign Architecture 136 E. Idaho Ave., Ste. 200 Meridian, ID 83642 D. Representative: Same as Applicant 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: November 23 and December 7, 2015 C. Radius notices mailed to properties within 300 feet on: November 19, 2015 D. Applicant posted notice on site by: November 22, 2015 VI. LAND USE A. Existing Land Use(s): This property has not yet been developed and is zoned I-L. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: E. Ustick Road and commercial property (Lowe’s), zoned C-G West: Various commercial uses, zoned C-G South: Undeveloped land, zoned C-G (a multi-family development is currently in the approval process for this property) East: A funeral home, church and rural residential properties, zoned C-C, R-8 and R1 respectively C. History of Previous Actions:  The subject property was annexed (AZ-05-061, Ord. #06-1251) in 2005 with a C-G zoning district. A development agreement (DA) was recorded as a provision of annexation (Instrument No. 106137048).  A preliminary plat (PP-08-007) was approved in 2008 for Una Mas Subdivision. A private street (PS-08-006) application was also approved for two private streets within the development, E. EXHIBIT A Una Mas – MDA H-2015-0016 3 Tecate Lane and E. Modelo Lane.  A final plat (FP-09-002) was approved in 2009 for Una Mas Subdivision and was later recorded in 2011 (Bk. 103, Pg. 13894). A modification to the final plat (MFP-11-002) was approved in 2011, which allowed a right-in/right-out access via N. Records Ave. for Lot 1 and others as approved specifically by the City and ACHD. VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the existing development agreement (Instrument No. 106137048) to remove the portion of DA provision #5.1.12 that requires all building elevations to be in substantial conformance with the elevations presented at the April 4, 2006 hearing and have similar modulation and treatments to those elevations as determined by the Planning Director. See Exhibit A.2. (Note: Although the DA required compliance with the elevations shown in Exhibit A.2, these elevations were never actually attached as an exhibit in the DA; therefore, they don’t need to be removed – they’re shown for illustrative purposes only in Exhibit A.2.) Because the City has adopted design standards since this project’s approval in 2006, the quality of design for this development can be ensured through design review as currently required in the DA and by the UDC with the Certificate of Zoning Compliance application(s). Therefore, staff recommends approval of the proposed modification. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Applicant’s Proposed Change to the Text of the Development Agreement EXHIBIT A Una Mas – MDA H-2015-0016 4 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Una Mas – MDA H-2015-0016 5 Exhibit A.2: Applicant’s Proposed Change to the Text of the Development Agreement Page 5 of 11 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.12 That the applicant shall submit an application for design review with each building Certificate of Zoning Compliance. The elevations shall be in substantial conformance to the elevations presented at the April 4, 2006 hearing. These elevations shall have similar modulation and treatments to the elevations presented to council as determined by the Planning Director. Note: No other changes to the provisions are requested or approved. For a complete list of DA provisions, see application. Elevations presented at the April 4, 2006 hearing: