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Maverik MDA H-2017-0042CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0042 - 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 Maverik, by Maverik, Inc. Case No(s). H-2017-0042 For the City Council Hearing Date of: May 2, 2017 (Findings on May 16, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 2, 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 2, 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 May 2, 2017, 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 by June 2, 2017 per the City Council hearing on May 2, 2017. 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 11-513-317). 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 May 2, 2017 j By tion of the City Council at its regular meeting held on the l 6 day of 2; ss CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0042 - 2 - COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED_ COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED e4 COUNCIL MEMBER LUKE CAVENER VOTED Y(!!�q COUNCIL MEMBER GENESIS MILAM VOTED Y6' MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tamm A eerd Attest: f- City D AUGCI y ofT,,IDIAN!�- J-a - �Q CO eIDAHO Clerk EAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: G , 4 �/ Co 4�1Y Dated; 71 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0042 - 3 - Exhibit A Maverik – MDA H-2017-0042 1 STAFF REPORT HEARING DATE: May 2, 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Maverik – MDA H-2017-0042 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Maverik, Inc., requests to a time extension to execute the recording of the modified draft development agreement. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0042 as presented in the staff report for the hearing date of May 2, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2017-0042 as presented during the hearing on May 2, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0042 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 1515 E. Fairview Avenue on the southwest corner of E. Fairview Avenue and N. Locust Grove Road, in the NE ¼ of Section 7, Township 3N., Range 1E. B. Owner: Russel S. Barger 8852 W. Clovis Drive Boise, ID 83709 C. Applicant: Maverik, Inc. 880 W. Center Street North Salt Lake, UT 84054 Exhibit A Maverik – MDA H-2017-0042 2 D. Representative: JoAnn Butler, Spink, Butler, LLP 251 E. Front Street/ P. O. Box 639 Boise, ID 83701 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: April 14, 2017 C. Radius notices mailed to properties within 300 feet on: April 6, 2017 D. Applicant posted notice on site by: April 21, 2017 VI. LAND USE A. Existing Land Use(s): This property consists of land that is currently in the development process. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Fairview Avenue and commercial property zoned C-G 2. East: N. Locust Grove Road, commercial property and vacant property, zoned C-G and RUT in Ada County 3. South: Single-family residential homes in the Keziah Subdivision, zoned R-40 4. West: Developed commercial property, zoned C-G C. History of Previous Actions:  In 2016, the property received annexation (H-2016-0027) approval however; the development agreement was never signed by the applicant to conclude the annexation process. VII. ANALYSIS The applicant requests an amendment to the Development Agreement (DA) to extend the expiration of the development agreement; the original expiration date was 12/21/2016. The reason for the delay in signing the DA was so the applicant and the City Attorney’s office could collaborate on an appropriate DA provision for the removal of the billboard signs based on the motion stipulated by City Council during the initial hearing. At the May 2, 2017 hearing the Applicant presented a contractual solution to billboard removal requirement and also requested to delay implementation of the landscape requirement until such time as the Owner subdivides the south property adjacent to the subdivision. Both parties have agreed to the terms in the modified agreement therefore; the applicant is requesting an extension of the original deadline to sign the agreement. Because a specific time was not requested by the applicant, staff recommends the applicant execute the signature on the development agreement by June 2, 2017. Staff recommends approval of the applicant’s requested modification to the DA as shown in Exhibit A.2. VIII. EXHIBITS A. Drawings/Other Exhibit A Maverik – MDA H-2017-0042 3 1. Vicinity/Zoning Map 2. Proposed Language for the Development Agreement Exhibit A Maverik – MDA H-2017-0042 4 Exhibit A.1: Vicinity/Zoning Map Exhibit A Maverik – MDA H-2017-0042 5 Exhibit A.2: Proposed Text Changes to the Development Agreement 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of the Property shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines in the Architectural Standards Manual b. Prior to Planning and Zoning Commission hearing, the applicant submit a revised concept plan that incorporates ACHD ROW for the intersection improvements, the 25-foot wide landscape buffers on Fairview Ave. and Locust Grove Road, the irrigation easement on the south boundary and the required landscape buffer, and a 5-foot wide detached sidewalk on Locust Grove Road. c. The junkyard use, fencing and the billboard nearest the corner shall be removed or cease within 60 days of annexation into the City. d. A minimum 25-foot wide street buffer shall be constructed along the entire frontage of the Property along E. Fairview Avenue and N. Locust Grove Road with the first phase of the Development in accord with UDC 11-3B-7C. The Owner intends to seek a lot split, subdivision, or short plat of this current parcel that will change the southern boundary from the current configuration. Owner shall comply with all requirements for development of the final southern boundary of the subject parcel once complete. e. The applicant shall construct a 5-foot wide detached sidewalk on N. Locust Grove Road. f. The applicant shall provide cross-access to 1375 E. Fairview Avenue (parcel # R4239560010) and to the southern portion of the subject Property; the cross-access agreements shall be recorded prior to submitting an application for Certificate of Zoning Compliance and Design Review. g. Any future development of the Property must comply with the City of Meridian ordinances in effect at the time of development. h. The applicant shall complete phase 1 and phase 2 environmental assessments in accord with DEQ standards prior to submitting a certificate of zoning compliance application. i. The applicant shall extend sewer and water to the Property with the development of the Property. j. No direct access to E. Fairview Avenue shall be permitted. k. The applicant is required to submit a Certificate of Zoning Compliance and Administrative Design review application for approval of the proposed use and site layout from the Planning Division prior to applying for a building permit application. l. Coordinate with City staff on bonding for the removal of the billboards once the lease term has expired. See Section 5.2. Exhibit A Maverik – MDA H-2017-0042 6 m. The billboard signs on the Property at the time of the execution of this Development Agreement shall not be included in the calculation of the allowed square footage for signage under the UDC on the Property for the subject Developer, Maverik, Inc. 5.2 The Property is encumbered by certain billboard leases, which leases are attached as Exhibit C to this Agreement. The lessor (that is, Owner) and the lessee of such billboard leases have provided written confirmation that: (1) the billboard leases terminate at the end of September, 2027; and (2) the lessee under the billboard leases will “remove everything above ground level of said billboard structures within 30 days of the Lease(s) ending.” A copy of the foregoing written confirmation is attached as Exhibit D to this Agreement. To ensure such billboard structures will be removed as provided in Exhibit D, if such billboard structures are not removed by the lessee or Owner within 30 days of the billboard leases termination date of September 30, 2027, Owner hereby gives City and/or Developer permission and license to enter onto the Property for the purpose of removing such billboard structures and, concurrently with the complete execution of this Agreement, Developer shall enter into a surety agreement, substantially similar in form to the Surety Agreement attached as Exhibit E to this Agreement, which surety agreement ensures City shall have the funds available to remove such billboard structures if such billboard structures are not removed by lessee, Owner or Developer. 6. COMPLIANCE PERIOD: Pursuant to permission granted by the Meridian Council, Owner and Developer have agreed to sign and return this Agreement to City no later than June 2, 2017.