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Primary Health Clinic H-2015-0045CITY OF MERIDIANCT FINDINGS OF FACT, CONCLUSIONS OF LAW V1 1 %e AND DECISION & ORDER i D A [ s Cp In the Matter of the Request for a Modification to the Development Agreement for Human Bean to Update the Conceptual Development Plan for the Western Portion of the Site for the Development of a Medical Office for Primary Health, by Matthew Witt, Rocky Mountain Companies. Case No(s). H-2015-0045 For the City Council Hearing Date of: January 19, 2016 (Findings on February 2, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 19, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 19, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 19, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 19, 2016, 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). H-2015-0045 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 19, 2016, 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 provisions in the Staff Report for the hearing date of January 19, 2016, 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 11-513-3F). 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 January 19, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0045 - 2 - By action of the City Council at its regular meeting held on the day of 4 , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED_�— COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED I M O-- COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED` MAYOR TAMMY de WE VOTED (TIE BREAKER) Mayor Tammy ' Weerd fl s� f v Attest: ;{ %N City of F X11 -'T, [LfAN-k- 11)5 a + o r. yCee loran ��e � f jr .. `l ,yam City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Dated: City Cl •k's ffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0045 - 3 - EXHIBIT A Primary Health Clinic – MDA H-2015-0045 1 STAFF REPORT HEARING DATE: January 19, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Primary Health Clinic – MDA H-2015-0045 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Matthew Witt, Rocky Mountain Companies, requests an amendment to the existing development agreement (MDA) to update the conceptual development plan for the western portion of the site for the development of a 6,310 square foot medical office for Primary Health. 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 these items on January 19, 2016. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Matthew Witt ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. 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-2015-0045 as presented in the staff report for the hearing date of January 19, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2015-0045 as presented during the hearing on January 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2015-0045 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 Primary Health Clinic – MDA H-2015-0045 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 1624 and 1648 N. W. 1st Street, in the northeast ¼ of Section 12, Township 3N., Range 1W. B. Owner: Travis Stroud 1980 S. Meridian Road, Ste. 140 Meridian, ID 83642 C. Applicant: Matthew Witt, Rocky Mountain Companies 350 N. 9th Street, Ste. 200 Boise, ID 83702 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: December 28, 2015 and January 11, 2016 C. Radius notices mailed to properties within 300 feet on: December 17, 2015 D. Applicant posted notice on site by: January 8, 2016 VI. LAND USE A. Existing Land Use(s): This property is currently in the development process; the Human Bean drive- through. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: W. Cherry Lane and vacant/undeveloped property, zoned RUT in Ada County South: Single-family residential properties, zoned R-4 East: N. Meridian Road, a drinking establishment (Whitewater Saloon) and other commercial businesses, zoned C-C West: N.W. 1st street, vacant/undeveloped land, zoned O-T, and single-family residential properties, zoned R-4 C. History of Previous Actions: In 2015, this property received the following approvals:  Rezone of 2.08 acres of land from the R-4 to the O-T zoning district with a development agreement, recorded as Instrument #2015-097483 and #2015-082090; and  Conditional use permit for a drive-through establishment in the O-T zoning district for a coffee kiosk (Human Bean).  Property boundary adjustment (PBA-15-018) for a parcel consolidation; Record of Survey No. 10268. EXHIBIT A Primary Health Clinic – MDA H-2015-0045 3 VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the previously approved conceptual development plan included in the development agreement (DA) (Instrument #2015-097483 and #2015-082090) for this site. No changes are proposed to the text of the agreement. The previously approved plan included in Exhibit A.2 depicts three future parcels developing with a walk-up/drive-thru coffee kiosk on the eastern portion of the site and two future pad sites for a small restaurant and retail/restaurant uses on the western portion of the site. One access via N.W. 1st Street at the west boundary was approved near the north end of the site. A 12+/- foot wide buffer to adjoining residential uses is depicted along the south boundary. The proposed plan in Exhibit A.3 still depicts three parcels but only includes one pad site instead of two on the western portion of the site for a 6,310 square foot medical office for Primary Health and associated parking; no changes are proposed to the eastern portion of the site depicted as Parcel A. The buffer to residential uses at the south boundary of the site has been reduced from 12+ feet to 7+ feet on Parcel C. Because there is no longer a building planned along the south boundary to serve as a buffer to the commercial uses, staff recommends a provision is added to the DA that requires a minimum 10-foot wide buffer planted with a mix of evergreen and deciduous trees that allow trees to touch at maturity be provided along the south boundary of Parcel C in accord with the standards listed in UDC 11-3B-9C.1 with development of Parcel B (Primary Health). The access via N.W. 1st Street has shifted to the south end of the property for safer pedestrian access between the parking area and the Primary Health building. As the new location creates more of a direct route between N.W. 1st and N. Meridian Road, Staff is concerned this may promote more cut-through traffic, however, believes it to be safer for Primary Health clientele. Staff recommends traffic calming (i.e. speed bumps) devices are installed in the southern drive aisle at the east side of the parking area where Parcels A and C adjoin to slow down traffic. See site plan in Exhibit A.3. All future development of the site must comply with the dimensional standards of the O-T zoning district. The building pad proposed on Parcel B encroaches onto Parcel A. After the DA is amended, the applicant should be required to apply for and execute a property boundary adjustment to adjust the parcel boundaries prior to submittal of a Certificate of Zoning Compliance application for Parcel B. The proposed healthcare use is a principal permitted use in the O-T zoning district per UDC Table 11- 2D-2. The proposed site plan depicts adequate parking for the proposed use. Therefore, Staff recommends approval of the proposed modification per the conceptual development plan included in Exhibit A.3 with staff’s recommended changes to the provisions of the agreement noted in Exhibit A.4. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Approved Conceptual Development Plan 3. Proposed Conceptual Development Plan 4. Staff Recommended Changes to the Development Agreement Provisions EXHIBIT A Primary Health Clinic – MDA H-2015-0045 4 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Primary Health Clinic – MDA H-2015-0045 5 Exhibit A.2: Approved Conceptual Development Plan EXHIBIT A Primary Health Clinic – MDA H-2015-0045 6 3. Proposed Conceptual Development Plan Speed bumps EXHIBIT A Primary Health Clinic – MDA H-2015-0045 7 4. Staff Recommended Changes to the Development Agreement Provisions CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of the site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A, the design standards listed in UDC 11-3A-19, the guidelines contained in the Cit y of Meridian Design Manual, the Destination: Downtown vision plan, Comprehensive Plan and the conditions in this report. b. Future restaurant/retail buildings constructed on the site shall be of similar design and construction materials as the coffee kiosk and conceptual elevations shown in Exhibit A.5; they shall also incorporate some kind of architectural feature(s) similar to the kiosk that has an appearance of a two story structure for at least a portion of the building, or be functionally two stories. c. The applicant shall provide a garden wall at the northeast corner of this site at the intersection of W. Cherry Lane and N. Meridian Road. An area shall also be reserved at this corner for public art and/or an entry sign to the downtown area if a partnership can be reached with the Meridian Downtown Development Corporation (MDC) and the Meridian Art’s Commission (MAC) for the provision of these items. A detail of the garden wall shall be submitted with the Certificate of Zoning Compliance application d. Direct lot access to Cherry Lane is prohibited; only one right-in/right-out driveway via Meridian Road and one full access driveway via N.W. 1st Street are allowed. e. Outdoor speakers are prohibited on this site. f. A cross-access easement shall be granted to the property to the south at 1611 N. Meridian Road (Parcel #R9453000076) for access to the driveway on the site via N. Meridian Road in accord with UDC 11-3A-3A. A provision shall be added to the agreement that allows the owner/developer of the adjacent parcel to remove a section of the fence as necessary for access. A copy of the recorded easement shall be submitted to the Planning Division with the first Certificate of Zoning Compliance application. The applicant shall work with the adjacent property owner to the south in determining the location of the easement as well as inquiring if the owner would prefer to have the entire area landscaped or a driveway stub constructed with only a portion of the area landscaped at this time. If the owner prefers the stub is not constructed at this time, the easement should allow for the future construction of a driveway on the subject property. g. A minimum 10-foot wide buffer planted with a mix of evergreen and deciduous trees that allow trees to touch at maturity shall be provided along the south boundary of Parcel C in accord with the standards listed in UDC 11-3B-9C.1 with development of Parcel B (Primary Health). h. Traffic calming devices (i.e. speed bumps) shall be installed in the southern drive aisle at the east side of the parking area where Parcels A and C adjoin to slow down traffic. i. The applicant shall apply for and execute a property boundary adjustment to adjust the existing parcel boundaries prior to submittal of a Certificate of Zoning Compliance application for Parcel B.