Volante Investments H-2016-0056CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a New Development Agreement and Modification to the Terms of
the Agreement, by Volante Investments, LLLP.
Case No(s). H-2016-0056
For the City Council Hearing Date of: June 21, 2016 (Findings on June 28, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 21, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 21, 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 -7 84 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 Cleric 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 June 21, 2016, incorporated by reference. The conditions are concluded to be
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0056 - 1 -
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 new development agreement and modification to the terms of the
agreement is hereby approved per the conditions of approval in the Staff Report for the hearing
date of June 21, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting annexation and/or rezone (UDC 11-513-31)).
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification (UDC 11-513-3F).
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 six (6) month approval
period (UDC 11-513-317).
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 June 21, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0056 - 2 -
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By action of the City Council at its regular meeting held on the day of
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED j c,
COUNCIL VICE PRESIDENT JOE BORTON VOTED a bSc r-,- -
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Abse.r)4-
COUNCIL MEMBER TY PALMER VOTED e -
COUNCIL MEMBER LUKE CAVENER VOTED \1 to,
COUNCIL MEMBER GENESIS MILAM VOTED f G
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta y d eerd
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated:
City C erk's ffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0056 - 3 -
EXHIBIT A
Volante Investments – MDA H-2016-0056 1
STAFF REPORT
HEARING DATE: June 21, 2016
TO: Mayor and City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: Volante Investments – MDA H-2016-0056
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Volante Investments, LLLP, requests a new development agreement and modification
(MDA) to the conditions of approval referenced in the Findings of Fact and Conclusions of Law and Order
approved with the annexation and zoning request. 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 June 21, 2016. At the public hearing, the Council
approved the subject MDA request.
a. Summary of City Council Public Hearing:
i. In favor: Brad Miller, Applicant’s Representative
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Brad Miller, Applicant’s Representative (in agreement with staff report)
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-2016-0056 as
presented in the staff report for the hearing date of June 21, 2016, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2016-0056 as presented during
the hearing on June 21, 2016, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0056 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
Volante Investments – MDA H-2016-0056 2
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is generally located at 2600 & 2700 E. Overland Road, in the SE ¼ of Section 17, Township
3N., Range 1E. – Parcel No.’s: S1117438626 & S1117438451
B. Owner:
Volante Investments, LLLP
3804 E. Lanark Street
Meridian, ID 83642
C. Applicant:
Same as Owner
D. Representative:
Brad Miller, Van Auker Companies
3084 E. Lanark Street
Meridian, ID 83642
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: May 30 and June 13, 2016
C. Radius notices mailed to properties within 300 feet on: May 26, 2016
D. Applicant posted notice on site by: June 10, 2016
VI. LAND USE
A. Existing Land Use(s): This property consists of vacant/undeveloped agricultural land, zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Interstate 84, zoned I-L; and offices and a hotel, zoned L-O and C-G respectively
West: Vacant/undeveloped land, various restaurant and commercial uses and an animal care facility,
zoned C-G
South: E. Overland Road and office uses, zoned C-G
East: Rural residential properties, zoned R1 in Ada County
C. History of Previous Actions: The subject 34.62 acre property, formerly known as the Thomas and
Wurst properties, was annexed in 1994 and zoned C-G (Ordinance No’s: 661 & 665). It was part of a
larger 167 acre area which included the interchange to the north and the St. Luke’s property to the
northeast; this property and the interchange area provided an annexation path for St. Luke’s medical
center and hospital. A development agreement was required as a provision of annexation; only the St.
Luke’s property has entered into a DA (Inst. #10002183, Amended as Inst. #101048098), the subject
property has not.
VII. ANALYSIS
Analysis of Facts Leading to Staff Recommendation: The applicant requests a new development
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agreement (DA) per requirement of the annexation. The provisions contained in the annexation
Findings under the Conclusions section (pg. 10-13) (see Exhibit A.2) are as follows:
All development must comply with City of Meridian ordinances and the Comprehensive Plan.
The property is required to connect to Meridian water and sewer and resolve how the water and
sewer mains will serve the land.
Approval of a conditional use permit (CUP) for a planned development (PD) is required.
The applicant proposes to modify the provisions as follows: (Staff’s comments in italics)
Remove the requirement for a CUP/PD and not require a CUP for principal permitted uses in the C-
G zoning district.
The City previously required a PD application to be submitted with a conceptual development plan,
followed up with a CUP application with a detailed development plan with annexation applications
that did not include a concept plan for the site to ensure development consistent with the Mixed Use
– Regional (MU-R) Future Land Use Map (FLUM) designation.
The applicant has submitted a concept plan for the west parcel but not the east with this
application. Staff is amenable to removing this condition but recommends the DA is modified prior
to development of the east parcel to include a concept plan that is consistent with the MU-R FLUM
designation.
Remove the requirement for connection to Meridian water and sewer and to resolve how the water
and sewer mains will serve the land.
Since the annexation of the property, sewer and water mains have been stubbed to both of the
subject parcels. Because services are still required to be extended to the structure(s) and through
the property, staff recommends leaving a variation of this condition in as follows: “With
development of the subject property, the developer is required to extend sewer & water mains to
and through the property.”
Add a provision that allows 24 hour business operation on the property located at 2600 E. Overland
Road. Because the property at 2600 E. Overland Road is not adjacent to a residential use(s) or
resident zoning, hours of operation are not restricted and 24 hour operation is allowed. Therefore,
adding this provision is not necessary.
Since this property was annexed in 1994, the City has adopted design standards for site layout and
structures. Staff recommends a provision is added in the DA that requires future development to comply
with the design standards contained in UDC 11-3A-19 and the Architectural Standards Manual.
Site plan: The conceptual development plan submitted with this application depicts an 85,000 square
foot single-story retail building at the rear of the site with associated parking and “vacant land” in the
front adjacent to Overland Road. Two public streets are also depicted; Cinema Drive, which will extend
east/west from the existing stub at the west boundary to S. Wells Avenue proposed north/south along
the east boundary of the site.
Building Elevations: Conceptual building elevations were submitted for the future building on this site
shown on the concept plan. Materials consist of split face and smooth face CMU, metal wall panel
accents and standing seam metal canopies. The future structure is required to comply with the design
standards in the Architectural Standards Manual.
Comprehensive Plan: The purpose of MU-R designated areas, is to provide a mix of employment,
retail, and residential dwellings and public uses near major arterial intersections. The intent is to
integrate a variety of uses together, including residential, and to avoid predominantly single use
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developments such as a regional retail center with only restaurants a nd other commercial uses.
Developments should be anchored by uses that have a regional draw with the appropriate supporting
uses.
The proposed retail store should provide a regional draw and also provide employment opportunities for
area residents. Retail commercial uses should comprise a maximum of 50% of the development area;
the developer may be eligible for additional area under certain provisions described on page 31 of the
Comprehensive Plan. Apartments exist approximately ¼ mile to the west (Sagecrest) and to the south
(Gramercy) which will assist in supporting the commercial uses.
Staff recommends approval of the applicant’s requested modifications to the DA provisions as modified
by staff in Exhibits A.3 with inclusion of the conceptual site plan and building elevations in Exhibits
A.4 and A.5.
VIII. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Development Agreement Provisions from Findings
3. Applicant Proposed & Staff Recommended Development Agreement Provisions
4. Proposed Conceptual Development Plan (dated: April 12, 2016)
5. Proposed Conceptual Building Elevations (dated: April 11, 2016)
6. Legal Description of Property Subject to Development Agreement
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Exhibit A.1: Vicinity/Zoning Map
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Exhibit A.2: Development Agreement Provisions from Findings
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Exhibit A.3: Proposed Development Agreement Provisions
1. All development shall comply with City of Meridian ordinances and the Comprehensive Plan.
2. Development of the west parcel located at 2600 E. Overland Road property shall be generally consistent
with the conceptual development plan and building elevations included in Exhibits A.4 and A.5.
3. Prior to development of the east parcel located at 2700 E. Overland Road, the Development Agreement
shall be modified to include a conceptual development plan that is consistent with the MU-R FLUM
designation contained in the Comprehensive Plan.
4. With development of the subject property, the developer is required to extend sewer & water mains to and
through the property.
5. Future development shall comply with the design standards contained in UDC 11 -3A-19 and the
Architectural Standards Manual and/or any updated versions thereof.
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6. Exhibit A.4: Proposed Conceptual Development Plan (dated: April 12, 2016)
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Exhibit A.5: Proposed Conceptual Building Elevations (dated: April 11, 2016)
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Exhibit A.6: Legal Description of Property Subject to Development Agreement