Swindell Subdivision H-2017-0145CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0145 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Development Agreement Modification to Include a Conceptual
Development Plan and Building Elevations for Swindell Subdivision, by Volante Investments,
LLLP.
Case No(s). H-2017-0145
For the City Council Hearing Date of: December 5, 2017 (Findings on December 12, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 5, 2017, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 5, 2017, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 5,
2017, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 5, 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-2017-0145 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 5, 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 an amendment to the development agreement is hereby approved
per the provisions in the Staff Report for the hearing date of December 5, 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 December 5, 2017
By action of the City Council at its regular meeting held on the day of l/ eCj!�Aj6i
2017.
COUNCIL PRESIDENT KEITH BIRD VOTED.
COUNCIL VICE PRESIDENT JOE BORTON VOTED C4
COUNCIL MEMBER ANNE LI.TTLE ROBERTS VOTED A
COUNCIL MEMBER TY PALMER VOTED *6
COUNCIL MEMBER LUKE CAVENER VOTED *4
Y
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Attest:
C.fy Coli
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: yu Dated: &W�A m(9,01I
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0145 b5jr1de l 1 Su bd vi si o -3-
MAYOR
3_
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 1
STAFF REPORT
HEARING DATE: December 5, 2017
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
SUBJECT: Swindell Subdivision – MDA H-2017-0145
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Volante Investments, LLLP, requests an amendment to the existing development agreement
MDA) (Instrument #2016-045074) to include a conceptual development plan and building elevations. See
Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the changes to the development agreement (DA)
recommended by Staff in Exhibit A.4 contingent upon the applicant submitting conceptual elevations prior
to the hearing that demonstrates consistency in design and incorporation of some of the same design
elements and construction materials between buildings to unify the development. Elevations are required
to reflect design elements suited for commercial developments rather than industrial developments.
The Meridian City Council heard this item on December 5, 2017. At the public hearing, the Council
approved the subject MDA request.
a. Summary of City Council Public Hearing:
i. In favor: Brad Miller, Van Auker Companies
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Brad Miller, Van Auker Companies
v. Staff presenting application: Josh Beach
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 Recommendation
i. At the request of the applicant and recommendation of approval from Staff, the Council
approved the request to remove condition of approval #5.1(e)(i) which required cross-access
between lots for interconnectivity.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0145 as
presented in the staff report for the hearing date of December 5, 2017, with the following modifications:
Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2017-0145 as presented during
the hearing on December 5, 2017, for the following reasons: (You should state specific reasons for denial.)
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 2
Continuance
I move to continue File Number H-2017-0145 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 off the northwest corner of S. Locust Grove Road and E. Overland Road,
in the southeast ¼ of Section 18, Township 3N., Range 1E.
B. Owner:
Volante Investmetns, LLLP
3084 E. Lanark Street
Meridian, ID 83642
C. Applicant:
Brad Miller, Van Auker Companies
3084 E. Lanark Street
Meridian, ID 83642
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: November 17, 2017
C. Radius notices mailed to properties within 300 feet on: November 13, 2017
D. Applicant posted notice on site by: November 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:
North: Interstate 84, zoned C-G and RUT in Ada County
South: Maverik convenience store/fuel facility and vacant/undeveloped land, zoned C-C; and E.
Overland Road & single-family residences across E. Overland Road, zoned R-4
East: S. Locust Grove Road and vacant/undeveloped industrial & commercial land, zoned I-L and C-G
West: Church, zoned L-O; vacant/undeveloped land, zoned C-G; a daycare facility, zoned C-G; and an
ACHD retention pond, zoned RUT in Ada County
C. History of Previous Actions:
In 2016, annexation and zoning (AZ-15-010) of 15.07 acres of land with a C-C zoning district;
rezone (RZ-15-011) of 0.57 of an acre and 5.09 acres of land from the C-G to the C-C zoning
district; and preliminary plat (PP-15-013) consisting of 7 building lots, 1 common lot and 1 other
lot on 20.03 acres of land for Swindell Subdivision was approved. A development agreement
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 3
Instrument #2016-045074, Swindell Subdivision) was approved as a provision of annexation.
Alternative Compliance (A-2016-0072) was also approved to UDC 11-3B-7C.3.
A final plat (H-2016-0109) consisting of 7 building lots, 1 common lot and 1 other lot on 20.03
acres of land in the C-C and C-G zoning districts was approved in 2016.
VII. ANALYSIS
The applicant requests an amendment to the Development Agreement (DA) (Instrument #2016-045074)
to include a conceptual development plan and building elevations for the overall development as
required by the current agreement.
The applicant anticipates offices, a family entertainment use (Vertical View) and flex space (i.e.
office/warehouse) uses developing on the site, which qualify toward the variety of uses required in
mixed use designated areas such as this.
When the property was annexed, a conceptual development plan was not submitted for the site; only
conceptual building elevations were submitted. Therefore, the City Council required a conceptual
development plan for the overall development to be submitted and approved through a DA modification
prior to any development occurring on the site. The plan was required to demonstrate consistency with
the Mixed Use – Community designation per the Comprehensive Plan and include at least 3 land use
types; a residential component was not required.
Development of the site is required to comply with the structure and site design standards listed in the
UDC (11-3A-19), including but not limited to the following:
Extend or improve streets, drive aisles, cross access easements or similar vehicular and
pedestrian connections provided from adjacent properties. All lots should have interconnectivity
via cross-access easements.
For lots with frontage on a public street, a minimum of forty percent (40%) of the buildable
frontage of the property shall be occupied by building facades and/or public space. Within
mixed use areas, and for large multi-building developments, buildings may be placed away
from roadways if a minimum of thirty percent (30%) of the buildable frontage is occupied by
building facades and/or public space.
For properties greater than two (2) acres in size, no more than fifty percent (50%) of the total
off street parking area for the site shall be located between building facades and abutting streets
affects Lots 3 & 4). If parking cannot comply with this standard, it’s required to be screened
by berms, landscaping, walls, architectural elements, or a combination of these elements to
produce an appropriate buffer adjacent to public spaces and roadways.
The design and layout of internal site parking shall avoid long straight unbroken parking aisles,
provide crossing drive aisles for internal circulation at approximately one hundred fifty foot
150') intervals, or provide parking that is perpendicular to the building. This applies to the long
vertical row of parking Lot 4.
The concept plan does not reflect compliance with the items noted above; future development
applications will be required to comply with these standards.
Conceptual building elevations were also required to be submitted for future structures within the
development that are consistent in design and incorporate some of the same design elements and
construction materials to unify the development. Elevations were required to reflect design elements
suited for commercial developments rather than industrial developments (i.e. incorporate modulation,
fenestration, variations in profile, mix of materials, etc.).
Conceptual architectural drawings were submitted for the family entertainment and the
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 4
office/warehouse use; sample photos of other buildings were also included (see Exhibit A.3). The
design elements and construction materials are all very different and do not incorporate a common
theme and/or material(s) as required. Additionally, a couple of the large structures are very
industrial in appearance and are not suited for a commercial development such as this and are
not approved. ALL future structures are required to comply with the design standards in the
Architectural Standards Manual; inclusion of the proposed elevations in the DA as examples of
future buildings to be constructed within the development does not constitute approval of such.
Staff has discussed the lack of incorporation of a common theme and/or material(s) in the
building elevations for the overall development with the applicant. The applicant intends to
submit elevations and/or design standards for the development that do comply with this
requirement prior to the Council hearing. Therefore, staff does not recommend approval of the
concept elevations included in Exhibit A.3 for inclusion in the DA. If the applicant submits
concept elevations prior to the Council hearing that are deemed to comply with this requirement,
staff recommends they be included in the amendment and approved; if not, staff recommends the
application is continued to a later date in order for the applicant to comply with this requirement.
Staff recommends approval of the proposed concept plan with the changes noted above and included in
strike-out/underline format in Exhibit A. 4. Further, staff will provide a recommendation at the hearing
in regard to the conceptual building elevations to be included in the DA, which the applicant intends to
submit prior to the hearing.
VIII. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Conceptual Development Plan (dated: 9/14/17)
3. Proposed Conceptual Building Elevations – NOT APPROVED
4. Current & Proposed Development Agreement Provisions
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 5
Exhibit A.1: Vicinity/Zoning Map
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 6
Exhibit A.2: Proposed Conceptual Development Plan (dated: 9/14/17)
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 7
Exhibit A.3: Proposed Conceptual Building Elevations – NOT APPROVED
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 8
NOT APPROVED
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 9
NOT APPROVED
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 10
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 11
VERTICAL VIEW ELEVATIONS
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 12
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 13
Exhibit A.4: Current & Proposed Development Agreement Provisions
Staff’s recommended changes in strike-out/underline format
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
a. Prior to any development occurring on the site (including issuance of building permits),
the development agreement shall be modified to include a conceptual development plan
and building elevations for the overall development.
The conceptual plan shall demonstrate consistency with the Mixed Use – Community
designation per the Comprehensive Plan and shall include at least 3 land use types.
Conceptual building elevations for future structures within this development shall be
generally consistent in design and incorporate some of the same design elements and
construction materials to unify the development. Elevations should reflect design
elements suited for commercial developments rather than industrial developments (i.e.
incorporate modulation, fenestration, variations in profile, mix of materials, etc.).
b. The subject property is allowed two (2) building permits prior to subdivision of the
property. Prior to submittal of the third building permit, the subject property shall be
subdivided.
c. The existing home and associated outbuildings shall be removed from the site prior to
signature by the City Engineer on the final plat or issuance of the first building permit,
whichever occurs first.
d. Future development of this site shall substantially comply with the preliminary plat and
site/landscape plan included in Exhibit A of the Staff Report that is attached to the
Findings of Fact and Conclusions attached as Exhibit “B” and the conditions contained
herein.
e. Future development shall comply with the design standards listed in UDC 11-3A-19
and the City of Meridian Architectural Design Manual., including but not limited to the
following:
i. Extend or improve streets, drive aisles, cross access easements or similar vehicular and
pedestrian connections provided from adjacent properties. All lots should have
interconnectivity via cross-access easements.
ii. For lots with frontage on a public street, a minimum of forty percent (40%) of the buildable
frontage of the property shall be occupied by building facades and/or public space. Within
mixed use areas, and for large multi-building developments, buildings may be placed away
from roadways if a minimum of thirty percent (30%) of the buildable frontage is occupied
by building facades and/or public space.
iii. For properties greater than two (2) acres in size, no more than fifty percent (50%) of the
total off street parking area for the site shall be located between building facades and
abutting streets (affects Lots 3 & 4). If parking cannot comply with this standard, it’s
EXHIBIT A
Swindell Subdivision – MDA H-2017-0145 14
required to be screened by berms, landscaping, walls, architectural elements, or a
combination of these elements to produce an appropriate buffer adjacent to public spaces
and roadways.
iv. The design and layout of internal site parking shall avoid long straight unbroken parking
aisles, provide crossing drive aisles for internal circulation at approximately one hundred
fifty foot (150') intervals, or provide parking that is perpendicular to the building. This
applies to the long vertical row of parking Lot 4.
f. The developer shall provide a 35-foot wide buffer along the west boundary of the site
adjacent to S. Fignut Way; and a 25-foot wide buffer along the southern boundary of
Lot 2, Block 1 landscaped with native grasses and bushes as alternative compliance (A-
2016-0072) to UDC 11-3B-7C.3. Because of the irrigation and drainage easement that
exists along the west boundary of the site, trees are prohibited within the easement. All
buffers may be constructed at the time of lot development.
g. A cell tower shall not be constructed on this site unless specifically approved by the
City.