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Una Mas H-2016-0132CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0132 - 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 Una Mas Subdivision to Allow a Reduced Buffer Width on the C-G Zoning Property to Residential Uses, by Chad Olsen. Case No(s). H-2016-0132 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 17, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 17, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 17, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 17, 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-2016-0132 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 17, 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 modification to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of January 17, 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 17, 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) Attest: Cly CA City Clerk 1-7 day of S d U6 VOTED VOTED VOTED VOTED VOTED Y(4 VOTED Y(l VOTED f Gw c; P s1 Cei f3c f, o IpI c Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: L' SGf`1 60 Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0132 - 3 - EXHIBIT A Una Mas – MDA H-2016-0132 1 STAFF REPORT HEARING DATE: January 3, 2017 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Una Mas – MDA H-2016-0132 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Chad Olsen, requests a modification to the existing development agreement (MDA) Instrument No. 106137048) to allow a reduced buffer width from 25 feet to five feet on the C-G zoned property to residential uses. 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 3, 2017. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Chad Olsen ii. In opposition: None iii. Commenting: None iv. Written testimony: Chad Olsen 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-2016-0132 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-2016-0132 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-2016-0132 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 Una Mas – MDA H-2016-0132 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The Una Mas development is located at the southwest corner of E. Ustick Road and N. Records Avenue, in the northwest ¼ of Section 4, Township 3N., Range 1E. The specific area of this request is located off the southwest corner of N. Records Avenue and E. Tecate Lane. B. Owners: Una Mas, LLC 1717 E. Chisholm Drive Nampa, ID 83713 C. Applicant: Chad Olsen 12790 W. Telemark Street Boise, ID 83713 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 19 and 26, 2016 C. Radius notices mailed to properties within 300 feet on: December 15, 2016 D. Applicant posted notice on site by: December 21, 2016 VI. LAND USE A. Existing Land Use(s): This property has not yet been developed and is zoned I-L. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: E. Ustick Road and commercial property (Lowe’s), zoned C-G West: Various commercial uses, zoned C-G South: Multi-family development (Verraso) and subsequent phases in the development process, zoned C-G East: Records Avenue and a funeral home, church and rural residential properties, zoned C-C, R-8 and R1 respectively C. History of Previous Actions: The subject property was annexed (AZ-05-061, Ord. #06-1251) in 2005 with a C-G zoning district. A development agreement (DA) was recorded as a provision of annexation (Instrument No. 106137048). A preliminary plat (PP-08-007) was approved in 2008 for Una Mas Subdivision. A private street PS-08-006) application was also approved for two private streets within the development, E. Tecate Lane and E. Modelo Lane. EXHIBIT A Una Mas – MDA H-2016-0132 3 A final plat (FP-09-002) was approved in 2009 for Una Mas Subdivision and was later recorded in 2011 (Bk. 103, Pg. 13894). A modification to the final plat (MFP-11-002) was approved in 2011, which allowed a right-in/right-out access via N. Records Ave. for Lot 1 and others as approved specifically by the City and ACHD. A modification to the development agreement (H-2015-0016) to remove the requirement for all building elevations to be in substantial conformance with the previously approved elevations was approved was approved in 2015 (Instrument No. 2016-106279). VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the existing development agreement (Instrument No. 106137048 & 2016-106279) to include a provision to allow a reduced buffer width from 25 feet on the C-G zoned property to residential uses. The applicant proposes a 5-foot wide buffer on the C-G zoned property and a 5-foot wide buffer on the residential property along the shared property line for a total of a 10-foot wide buffer. The UDC (Table 11-2B-3) requires a 25-foot wide buffer to residential uses on C-G zoned property. Modifications to the width of the buffer are only allowed with approval from City Council at a public hearing with notice to surrounding property owners (UDC 11-3B-9C). A reduction to the buffer width does not affect building setbacks. All of the properties in Una Mas subdivision are zoned C-G. The first phase of a multi-family residential project (Verraso) has developed at the south end of the subdivision and two additional phases are proposed to the north that will abut property that is anticipated to develop with commercial uses (see vicinity map in Exhibit A.1 and site plan in Exhibit A.2). In addition to the proposed 10-foot wide buffer, a 20’ foot wide driveway for access to the residential units is proposed along the north boundary of the residential development. Twenty-foot deep garages are also proposed, which buffers and separates the living area of the residential units even more from the future commercial uses. If dense landscaping within the buffer is provided in accord with the standards listed in UDC 11-3B-9C, Staff feels the physical separation and landscaping will provide an adequate buffer. Therefore, staff recommends approval of the request and recommends a provision is added to the DA allowing a reduced buffer width (see Exhibit A.3). X. EXHIBITS A. Drawings/Other 1. Zoning & Vicinity Map 2. Site/Landscape Plan 3. Proposed Change to the Text of the Development Agreement EXHIBIT A Una Mas – MDA H-2016-0132 4 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Una Mas – MDA H-2016-0132 5 EXHIBIT A Una Mas – MDA H-2016-0132 6 Exhibit A.2: Site/Landscape Plan EXHIBIT A Una Mas – MDA H-2016-0132 7 Exhibit A.3: Applicant’s Proposed Change to the Text of the Development Agreement (Inst. #106137048) Page 5 of 11 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.13 A reduced buffer width on C-G zoned property to residential uses is allowed from 25 feet to 5 feet with an additional 5 feet being provided along the north boundary of the residential property as approved by City Council in accord with UDC 11-3B-9C.2. Landscaping shall be installed within the collective buffer in accord with the standards listed in UDC 11-3B-9C. Note: No other changes to the provisions are requested or approved.