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Settlers Square H-2016-0074CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0074 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Existing Development Agreement for Settlers Square, by Seagle Three, LLC. Case No(s). H-2016-0074 For the City Council Hearing Date of: August 16, 2016 (Findings on September 6, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 16, 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 24, 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-2016-0074 - 2 - 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 August 16, 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 six (6) months of the City Council granting the modification (UDC 11-5B-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 11-5B-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 August 16, 2016 By action of the City Council at its regular meeting held on the day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED <. € COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C , - l 6�2 �Ap Dated: ?( 7/ I City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0074 - 3 - Mayor Tammy/de eerd A VG�Sr' Attest: OPQOa f a City of C.�vc E IDIAN r ` IDANO s� SEAL C. 4ay Cale City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C , - l 6�2 �Ap Dated: ?( 7/ I City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0074 - 3 - Exhibit A Settlers Square – MDA H-2016-0074 1 STAFF REPORT HEARING DATE: August 16, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Settlers Square Subdivision – MDA H-2016-0074 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Seagle Three, LLC, requests a modification to the existing development agreement (MDA) for the purposes of changing the internal public roads to private driveways, and to allow for temporary vehicle access to Ustick Road. 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 August 16, 2016. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Lance Warnick ii. In opposition: None iii. Commenting: None iv. Written testimony: Lance Warnick (in agreement with staff report) v. Staff presenting application: Josh Beach 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-2016-0074 as presented in the staff report for the hearing date of August 16, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0074 as presented during the hearing on August 16, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0074 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 870 W. Ustick Road in the southwest ¼ of Section 36, Exhibit A Settlers Square – MDA H-2016-0074 2 Township 4 North, Range 1 West. B. Owner/Applicant: Seagle, Three, LLC 2618 2nd Ave. Seattle, WA 98121 C. Representative: Lance Warnick, Aspen Engineers PO Box 205 Kuna, ID 83634 D. 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: August 1, and August 8, 2016 C. Radius notices mailed to properties within 300 feet on: July 25, 2016 D. Applicant posted notice on site by: July 25, 2016 VI. LAND USE A. Existing Land Use(s): The site is currently vacant. B. Description of Character of Surrounding Area: The subject site is surrounded by residential subdivisions located on the north, south and west sides of the proposed development. A commercial development is located east of the subject site with a gas/convenience store and a mix of office uses. C. History of Previous Actions:  In 2008, the property was granted annexation (AZ-07-018), approval by the City Council with the C-C zoning district for Settlers Square Subdivision. A development agreement (DA) was approved with the annexation (instrument # 108059803). A preliminary plat (PP-07-021) was also approved concurrently that consisted of 12 commercial lots and 2 common lots on 9.001 acres. The preliminary plat expired in 2010, but the Development Agreement for the property does not expire, and is still in effect.  In 2015, the property was granted preliminary plat (H-2015-0014) approval for 12 commercial lots on 9.001 acres of land however, a condition of approval required the applicant to modify the existing DA prior to Council’s approval of the PP Findings. VII. ANALYSIS The applicant is requesting to amend the recorded development agreement (DA) approved with the annexation of the property in 2007 (Instrument #108059803). In the Development Agreement that was signed in 2008, the applicant was granted direct access to Ustick Road. Due to policy changes at ACHD, and city code changes, direct access to Ustick Road is no longer desired by both parties. In working with the applicant, City staff and ACHD are supportive of an interim access to Ustick Road until such time that a public street and/or shared driveway are constructed with the development of the property to the west. To ensure the interim access is terminated in the future, staff required the applicant to submit a revised concept plan with a concurrent development agreement Exhibit A Settlers Square – MDA H-2016-0074 3 modification application prior to adoption of the Findings by City Council. The provided concept plan was to provide details on how the site would be designed after the removal of the temporary access to Ustick Road. NOTE: ACHD also requires the applicant to enter into a development agreement with them for the temporary access to Ustick Road and provide financial surety for the closure of the driveway. DA Modification: In general, staff is supportive of the requested changes, to the DA. To move forward with development of the site as proposed by the applicant, staff recommends the following DA modifications: 1. Development of the property shall substantially comply with the commercial elevations and the conceptual site plan submitted with the subject application (see Exhibit A), as determined by the Planning Director, including the concepts outlined below.  Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as proposed.  Commercial structures shall be built adjacent to roadways with on-site parking to the rear and sides of the structures; as proposed (on-street parking is approved).  Building materials (stucco and wood siding, architectural composition shingles, metal awnings and brick veneer accents), architectural elements (50% glazing on ground level, metal awnings, brick veneer pilasters, and entry way porticos on the larger scaled buildings).  A minimum of 7 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this development shall be 108,000 square feet. 2. A. Except for the two access points noted on the plat, no lot shall have direct access to Ustick Road or Venable Ave. Place a note on the face of the final plat prohibiting direct lot access to Ustick Road and Venable Ave. The single/temporary access to Ustick Road shall be terminated at the time the property to the west constructs an access to Ustick Road that aligns with N. Blairmore Way. B. A cross-access easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the public stree ts via private drive aisles. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer’s signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. Staff recommends approval of the development agreement modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Approved Concept Plan 3. Proposed Concept Plan 4. Proposed Change to the Development Agreement Exhibit A Settlers Square – MDA H-2016-0074 4 Exhibit A.1: Vicinity/Zoning Map Exhibit A Settlers Square – MDA H-2016-0074 5 Exhibit A.2: Approved Concept Plan Exhibit A Settlers Square – MDA H-2016-0074 6 Exhibit A.3: Proposed Concept Plan Exhibit A Settlers Square – MDA H-2016-0074 7 Exhibit A.4: Proposed Changes to the Development Agreement 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Development of the property shall substantially comply with the commercial elevations and the conceptual site plan submitted with the subject application (see Exhibit A), as determined by the Planning Director, including the concepts outlined below.  Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as proposed.  Commercial structures shall be built adjacent to roadways with on-site parking to the rear and sides of the structures; as proposed (on-street parking is approved).  Building materials (stucco and wood siding, architectural composition shingles, metal awnings and brick veneer accents), architectural elements (50% glazing on ground level, metal awnings, brick veneer pilasters, and entry way porticos on the larger scaled buildings).  A minimum of 7 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this development shall be 108,000 square feet. 2. A. Except for the two access points noted on the plat, no lot shall have direct access to Ustick Road or Venable Ave. Place a note on the face of the final plat prohibiting direct lot access to Ustick Road and Venable Ave. The single/temporary access to Ustick Road shall be terminated at the time the property to the west constructs an access to Ustick Road that aligns with N. Blairmore Way. B. A cross-access easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the public streets via private drive aisles. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer’s signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access.