Interstate Center (aka Wahooz/Roaring Springs) MDA H-2016-0119CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0119 - 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 Interstate
Center (aka Wahooz/Roaring Springs) for the purpose of incorporating a concept plan; a
comprehensive sign package for the overall development; and updating other specific DA
provisions. The applicant has also requesting a landscape plan to be approved with the proposed
DA modification, by Bowden Properties, LLC & Black Mor, LLC.
Case No(s). H-2016-0119
For the City Council Hearing Date of: November 15, 2016 (Findings on December 6, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 15,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 15, 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-2016-0119 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 15, 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 November 15, 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 11-5B-3D).
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 11-5B-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 November 15, 2016
By action of the City Council at its regular meeting held on the l 0 day of
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED Ya
COUNCIL VICE PRESIDENT JOE BORTON VOTED ✓� `�
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED ✓
COUNCIL MEMBER TY PALMER VOTED Yeo
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED Yeo?
MAYOR TAMMY de WEERD VOTED
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Mayor TaTfiryocle Weerd
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City Clerk Or,A ate.
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
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City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0119 - 3 -
EXHIBIT A
Interstate Center – MDA H-2016-0119 1
STAFF REPORT
HEARING DATE: November 15, 2016
TO: Mayor & City Council
FROM: Josh Beach Associate City Planner
208-884-5533
SUBJECT: Interstate Center (AKA Wahooz/Roaring Springs) – MDA H-2016-0119
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Bowden Properties, LLC and Black Mor, LLC, request a modification to amend the recorded
development agreement (DA#97044085) for the purpose of incorporating a concept plan; a comprehensive
sign package for the overall development; and updating other specific DA provisions. The applicant has
also requesting a landscape plan to be approved with the proposed DA modification. Landscaping
improvements are typically reviewed with a development application however; staff recommends the DA
address the timing for the improvements. 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 November 15, 2016. At the public hearing, the
Council approved the subject MDA, PP and RZ requests.
a. Summary of City Council Public Hearing:
i. In favor: Joann Butler
ii. In opposition: None
iii. Commenting: Joann Butler
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Bill Parsons, Bill Nary
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. How late the outdoor events would go
ii. The noise ordinance would potentially impact any outdoor event that occurs past 11 PM.
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-2016-0119 as
presented in the staff report for the hearing date of November 15, 2016, with the following modifications:
(Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2016-0119 as presented during
the hearing on November 15, 2016, for the following reasons: (You should state specific reasons for denial.)
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Continuance
I move to continue File Number H-2016-0119 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 generally located near the NW corner of W. Overland Road and S. Meridian Road, in the
South ½ of Section 13, Township 3N., Range 1W.
B. Owner:
Bowden Properties, LLC & Black Mor, LLC
400 W. Overland Road
Meridian, ID 83642
C. Applicant:
Same as Owner
D. Representative:
Quadrant Consulting, Inc.
1904 W. Overland Road
Boise, ID 83705
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: October 17 and November 7, 2016
C. Radius notices mailed to properties within 300 feet on: October 14, 2016
D. Applicant posted notice on site by: November 5, 2016
VI. LAND USE
A. Existing Land Use(s): This property consists of vacant/undeveloped land and developed commercial
land.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Interstate I-84
West: Developed commercial property, zoned C2 in Ada County
South: Overland Road, developed land, zoned C-G
East: Developed Commercial properties, zoned C-G
C. History of Previous Actions:
In 1997, the property was annexed and zoned, entered into a development agreement (Instrument #
97044085) and platted as Interstate Center.
In 1998, a conditional use permit (CUP-98-100) was approved for a family water park.
In 2006 the property received certificate of zoning compliance (CZC-06-211) approval to upgrade
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the lighting throughout the waterpark.
In 2009 the property received certificate of zoning compliance and design review (CZC-09-033,
DES-09-015) approval for a 61,813 square foot building addition.
In 2011 the property received certificate of zoning compliance and design review (CZC-11-005,
DES-11-002) approval for a 27,522 square foot building expansion.
In 2015, a Certificate of Zoning Compliance and Design Review (CZC-15-010, DES-15-009) were
approved to add six (6) cabanas and a barbeque area.
Also in 2015, a Certificate of Zoning Compliance and Design Review (A-2015-0071) application
were approved for a 16,991 square foot building addition to an existing 54,454 square foot
structure.
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is to amend the existing Development Agreement (DA) (Instrument No. 97044085), to
allow for a change in the overall development plan for the site, to include a comprehensive sign
package and landscape plan.
The applicant’s request to modify the development agreement (DA) reflects the fact that the original
DA is out of date and many of the provisions requested to be removed have been completed with the
subdivision improvements and are no longer applicable.
The original development agreement was tailored to accommodate a commercial office park. The
property has never been used for that purpose, other than the offices used for the existing recreation and
entertainment facilities. In the mid- 1990’s, the use of the property was left relatively undefined to leave
the site open to market demand. Today, the use of the property has been determined and the ownership
of the property is consolidated with just two owners, both of whom intend the remaining undeveloped
parcels to be used for expansion of the existing recreation/entertainment center.
With recent expansion of the recreation/entertainment facility (and with the requirement of the existing
DA that the developer obtain a conditional use permit prior to the commencement of any building
construction or improvement on any lot within the subdivision), abiding by the original Development
Agreement has been cumbersome for both City staff and the property owners. The proposed amended
and restated development agreement reflects the existing development and City policy. Amending the
development agreement will assist the City and the owners to streamline the process for anticipated
future expansion of the facility.
The proposed conceptual development plan, sign package and landscape plan support the owner’s plan
to continue to grow the recreation and entertainment center with uses currently allowed in the C-G
zoning district.
The proposed changes to the DA are as follows:
1. Hours of Operation
The proposed hours of operation for the recreation/entertainment facility would be 24 hours
each day. The owners open the center many times each year for school groups, church
groups, graduation nights and late night “lock-ins,” as well as for family reunions and
company picnics. The recreation/entertainment center is ideally located along Interstate I-
84 to the north. This location ensures compatibility with adjacent uses during indoor and
outdoor entertainment events and for the late night “lock ins” that often continue to 5:00
a.m.
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Because of the location, which is far from residential zones and is well buffered from any
residential areas by other commercial uses/properties, operations at the center will be
consistent with Meridian’s codes designed to protect residential areas. UDC Section 2B-
3A-4 limits the hours of operation for uses next to a residential area. Outdoor speaker
systems on site are required to be in compliance with Meridian City Code Section 11-3A-
13. Staff is supportive of the 24-hour use of the property because the property does not abut
a residential use, however UDC 11-4-3-2 states “No outdoor event or activity center shall
be located within fifty feet (50’) of any property line and shall operate only between the
hours of six o’clock (6:00) A.M. and eleven (11:00) P.M. This proposal does not meet the
specific use standards of the UDC as noted above.
2. Conceptual Development Plan/Landscape Plan
Setback from the east property boundary is to be used as a 25-foot access easement (20-foot
gravel drive and 5-foot landscape buffer) leading from Overland Road to Nampa &
Meridian’s Lot 8. The Owners would seek staff-level approval of the landscape buffer
when the access drive is constructed.
Setback along the north property boundary, west of Lot 8, is 20 feet and improved with
landscape. This landscaped setback of 20 feet would be continued east of Lot 8 along I-84
right-of-way. The applicant will need to seek staff-level approval for the landscape buffer
when that portion of the property is developed.
Because the area east of Lot 8 is subject to various easements (i.e., Nampa & Meridian
irrigation easement, Meridian sewer easement and the 10-Mile Drain), landscape in this
area will require a license from Nampa & Meridian and City staff-level approval to ensure
there is no landscape interference with the easements’ use. To ensure adequate landscape
and compatibility with the existing easements, the applicant may need to request future
alternative compliance for landscaping. It may be necessary to reduce the landscape buffer
width yet increase the density of plantings. Setback further west along the north property
boundary abutting existing C-G zoned property will comply with existing C-G zoning
setback requirements.
As depicted on the Conceptual Development Plan, setback along the west property
boundary will continue as developed today: 5 feet for parking areas and 8 feet for outdoor
recreation facilities. Setback along the west boundary of the as yet undeveloped Parcel 1
will comply with the existing C-G zoning setback requirements.
As depicted in the Conceptual Development Plan, the landscape buffer/setback along
Overland Road is 35 feet. The landscape in this area would be installed completely along
Overland Road, consistent with the enclosed Landscape Plan.
Though staff is not in favor of including the specifics of a landscape plan in the DA, staff is
in favor of including the timing of installation for the landscape buffers. The landscape
buffers (35 feet of landscaping along Overland Road, 25 feet along the east boundary of the
proposed expansion, and 20 feet along the I-84 frontage) shall all be installed with the first
Certificate of Zoning Compliance approved on Parcel 6 (as indicated by the proposed
concept plan).
3. Signs
Staff has reviewed the proposed recreation/entertainment center site sign package. The site
sign plan is included as an exhibit to the Amended & Restated Development Agreement for
consideration by the City.
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The proposed sign package includes removing three (3) existing signs and constructing five
(5) new signs and leaving one (1) existing non-conforming sign on site for a total of six (6)
signs for the development. This will require the approval of a sign permit.
UDC 11-3D-8 allows for properties within 660 feet of the Interstate 84 freeway right of
way to have signs with a maximum of 150 square feet of background area and 40 feet in
height. There are three (3) proposed signs that are within 660 feet of the I-84 right-of-way.
They are signs indicated as 1, 3, and 4 on the sign exhibit (below).
The proposal shows an existing non-conforming sign on the site that will remain (indicated
as number 2 on the sign exhibit). The sign is 60 feet tall and has 244 square feet of
background area.
Signs indicated as 3, 4, 5, and 6 on the sign exhibit, meet the requirements of the UDC in
regards to height and sign background area. Sign 1 as indicated on the exhibit below does
not meet the requirements of the UDC. UDC 11-3D-8A.14.f allows properties that exceed
750 feet of linear freeway frontage to be 50 feet tall instead of 40, and to have 300 square
feet of background area instead of 200.
One of the proposed signs (as indicated by number 1 in the sign exhibit) exceeds the 50 feet
allowed and also exceeds the 300 square feet of background area, with a proposal of 60 feet
and 385 square feet respectively. Staff is not in favor of the proposal as it exceeds the
allowances of the UDC and would exceed what is allowed for other businesses with similar
circumstances. Staff feels that the allowances of the UDC for signs along I-84 are adequate
to meet the needs of the development.
Prior to the City Council hearing, the applicant shall provide a revised sign exhibit
demonstrating that sign number 1 (as indicated below) meets the requirements of the
UDC in regards to height and sign background area.
The applicant submitted a copy of the existing DA in strike-out/underline format noting the proposed
changes. Staff has included the changes to the document requested by the applicant as amended by staff
shown in Exhibit A.2.
Staff is supportive of the changes to the DA requested by the applicant as amended by staff in Exhibit
A.2.
Sign Exhibit
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VIII. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Change to the Development Agreement
3. Staff’s Recommended Changes to the Proposed DA
4. Proposed Development Plan
5. Proposed Sign Plan
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Exhibit A.1: Vicinity/Zoning Map
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Exhibit A.2: Proposed Changes to the Development Agreement
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Exhibit A.3: Staff’s Recommended Changes to the Proposed DA
4. Uses Permitted By This Agreement:
Modify condition 4.1 as follows: 4.1 “The uses allowed pursuant to this agreement are only
those uses listed as permitted, conditional or accessory, including parking, in the approved C-G
zone zoning district under the UDC in effect as of the Effective Date (the “Uses”), which are
generally set forth on: the conceptual development plan, attached hereto as Exhibit C and made
part hereof (the “Conceptual Development Plan”); and the signs substantially similar to the
signs depicted on Exhibit D attached hereto and made part hereof (the “Sign Plan”);. And the
landscape depicted on Exhibit E, attached hereto and made part hereof (the “Landscape Plan”).
Notwithstanding anything to the contrary herein or the UDC, outdoor arts, entertainment or
recreation facility or facilities may be located within fifty feet (50’) of the exterior Property
Boundary.”
5. Conditions Governing Development of the Property:
5.1 Development Conditions: Owner/Developer shall develop the Property in accordance with
the following special conditions:
Remove condition 4. This is not applicable.
Modify condition 6 as follows: “Setback along the west property boundary shall be five (5)
feet for parking and eight (8) feet for recreation/entertainment facilities. Setback The
landscape buffer along the north property boundary adjacent to interstate I-84 shall be twenty
(20) feet. Setback The Landscape buffer along the north property boundary adjacent to the
existing C-G zoned property shall comply with the setback requirements of the C-G zoning
district. Setback The landscape buffer along the east property boundary shall be twenty-five
(25) feet. Setback The landscape buffer along Overland Road shall be thirty-five (35) feet.
Remove Condition 8. Landscaping is reviewed with the Certificate of Zoning Compliance.
Modify condition 9 as follows: replace “City of Meridian Design Manual with “City of
Meridian Architectural Standards Manual.”
Remove condition 10. This is a duplicate of condition 9.
Add a DA condition as follows: The landscape buffers (35 feet of landscaping along
Overland Road, 25 feet along the east boundary of the proposed expansion, and 20 feet
along the I-84 frontage) shall all be installed with the first Certificate of Zoning
Compliance approved on Parcel 6 (as indicated by the proposed concept plan).
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Exhibit A.4: Proposed Development Plan
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Exhibit A.5: Proposed Sign Plan
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