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
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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
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Attest:
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City Clerk
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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.