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Dorado Sub MDA H-2016-0131CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0131 - 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 to Remove the Requirement for a Conditional Use Permit on Lots 1 and 2, Block 1, Dorado Subdivision, by Jake Wylie. Case No(s). H-2016-0131 For the City Council Hearing Date of: January 3, 2017 (Findings on January 17, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 3, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 3, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 3, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 3, 2017, 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 FILE NO(S). H-2016-0131 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 3, 2017, 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 development agreement modification is hereby approved per the provisions in the Staff Report for the hearing date of January 3, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. 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. 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. 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 3, 2017 By action of the City Council at its regular meeting held on the 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD TIE BREAKER) 1 7 day of q /J , VOTED VOTED VOTED Y 4 VOTED VOTED yam, VOTED VOTED le -eel Attest: \G. "\ s 31 Lt wm10440JyCosm2,S 441, itv Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C . 6,0 A Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0131 -3 - EXHIBIT A Dorado Subdivision – MDA H-2016-0131 1 STAFF REPORT HEARING DATE: January 3, 2017 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Dorado Subdivision – MDA H-2016-0131 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Jake Wylie, requests a modification to the existing development agreement (MDA) Instrument No. 105127512) to remove the requirement for a conditional use permit on Lots 1 and 2, Block 1, Dorado Subdivision. 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 January 3, 2017. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: James Wylie ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen 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-2016-0131 as presented in the staff report for the hearing date of January 3, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0131 as presented during the hearing on January 3, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0131 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 Dorado Subdivision – MDA H-2016-0131 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2490 & 2976 E. Overland Road, in the southeast ¼ of Section 17, Township 3N., Range 1E. B. Owners: W. H. Moore 1940 S. Bonito Way, Ste. 168 Meridian, ID 83642 C. Applicant: Jake Wylie 1464 E. Territory Drive Meridian, ID 83646 D. Agent/Contact: Greg Toolson, JGT Architecture 1212 12th Avenue South Nampa, ID 83651 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 12 and 26, 2016 C. Radius notices mailed to properties within 300 feet on: December 9, 2016 D. Applicant posted notice on site by: December 23, 2016 VI. LAND USE A. Existing Land Use(s): This property has not yet been developed and is zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single-family residential properties, zoned R1 in Ada County West: Single-family residential properties, zoned R1 in Ada County South: Commercial/restaurant uses, zoned C-C East: Commercial/restaurant uses, zoned C-G C. History of Previous Actions: In 2005, this property received the following approvals: Annexation and zoning (AZ-05-019) with a C-G zoning district. A development agreement DA) was recorded as a provision of annexation (Instrument No. 105127512). Preliminary plat (PP-05-024) Conditional use permit/planned development (CUP-05-031) Final plat (FP-05-057) EXHIBIT A Dorado Subdivision – MDA H-2016-0131 3 In 2008, a property boundary adjustment was approved for Dorado Subdivision which included the subject property, recorded as Record of Survey (#7551). VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the existing development agreement (Instrument No. 105127512) to remove the requirement for a conditional use permit (CUP) for development on Lots 1 and 2, Block 1, Dorado Subdivision. When the CUP was approved for this subdivision in 2005, the City had not yet adopted standards for design review and required development to obtain CUP approval to ensure quality of design. Since that time, the City has adopted standards for building and site design and no longer requires CUP approval if the use is a principal permitted use in the zone. For this reason, staff doesn’t feel it’s necessary to require a CUP as all future development is subject to design review. Any uses that require CUP approval in the C-G district per UDC Table 11-2B-2 will still be subject to a CUP. X. EXHIBITS A. Drawings/Other 1. Zoning & Vicinity Map 2. Proposed Change to the Development Agreement EXHIBIT A Dorado Subdivision – MDA H-2016-0131 4 Exhibit A.1: Vicinity/Zoning Map ÚÚd e ROLLING HILL TN-RR-15 C-C I-L L-O RUT C-G R1 R-40 C-G R1 RUT C-G E OVERLAND RD S E A G L E R D S W E L LS ST S L O D E R P L E GOLDSTONE ST EGOLDSTONE DR E PEWTER FALLSSTEBLUEHORIZONDR E GALA CT S LUXURY L N E WELLS CIR E GALA ST S J A D E W AY E ONYX ST E F R E E W A Y D E TARPONDR STOPAZ AVE S R ACKHAM WAY S B O N IT O W AY S B O N IT O W AY S W E L L S AV E S C O BALTPOINTWAY S S L V ERSTON E W A Y SJADEAVE S TO PA Z W AY SILVERSTONE NO 03 GRAMERCY NO 02 JEWEL BONITO SILVERSTONE SQUARE CONDOS ENNIS KRAFT CONDOS WYNDSTONE PLACE SILVERSTONE OVERLAND WAY SILVERSTONE CAMPUS SILVERSTONE TOWN SQUARE CONDOS PROJ AMD NO 01 MAGIC VIEW GOLDSTONE CENTER CONDOS BONITO NO 02 SILVERSTONE CORPORATE PLAZA CONDOS MAGIC VIEW AMD GOLDSTONE CENTER CONDOS PROJ AMD NO 01 ACCOLADE NO 01 GRAMERCY NO 01 DORADO EXHIBIT A Dorado Subdivision – MDA H-2016-0131 5 Exhibit A.2: Applicant’s Proposed Change to the Development Agreement (Inst. #105127512) Page 3 of 9 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.1 Notwithstanding the status of the property as a planned development, no new buildings are approved for construction on that part of the property that is identified as lots 1, 2, 3, 15 & 16 on the preliminary plat except pursuant to an application for conditional use permit submitted and approved by City prior to submittal of any Certificate of Zoning Compliance application and/or building permit. If the property within Overland Way Subdivision adjoining said lots to the north and west ceases to be used for residential purposes, this requirement shall be deemed waived with respect to any of said lots which abut such adjoining property. Note: No other changes to the provisions are requested or approved.