Paramount MDA H-2018-0038 MDACITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0038 - 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 Allow for Self-Storage
Uses on the Property and to modify Certain Other Provisions, by Brighton Investments, et al.
Case No(s). H-2018-0038
For the City Council Hearing Date of: May 15, 2018 (Findings on June 5, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 15, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 15, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 15, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 15, 2018, 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 15, 2018, incorporated by reference. The conditions are concluded to be
Meridian City Council Meeting Agenda June 12, 2018 – Page 62 of 188
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0038 - 2 -
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 May 15, 2018, 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 May 15, 2018
Meridian City Council Meeting Agenda June 12, 2018 – Page 63 of 188
By action of the City Council at its regular meeting held on the day of
2018.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MII,AM
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: - ( 5y U
City C erk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-003 8 par-angoun,* HM -3-
Exhibit A
Paramount MDA H-2018-0038 6
Exhibit A.3: Proposed Changes to the Development Agreement
Meridian City Council Meeting Agenda June 12, 2018 – Page 61 of 188
Exhibit A
Paramount MDA H-2018-0038 1
STAFF REPORT
HEARING DATE: May 15, 2018
TO: Mayor & City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
SUBJECT: Paramount – MDA H-2018-0038
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Brighton Investments et al, requests an amendment to the existing development agreement
(MDA) (Instrument #113083665) to allow for self-storage uses on the property and to modify certain other
provisions of the development agreement. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA as requested by the applicant.
The Meridian Planning and Zoning Commission heard this item on May 15, 2018. At the public
hearing the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Mike Wardle
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. None
c. Key Council Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0038 as
presented in the staff report for the hearing date of May 15, 2018, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2018-0038 as presented during
the hearing on May 15, 2018, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2018-0038 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 5100 N. Dyver Avenue on the north side of E. McMillan Road, west of N.
Meridian City Council Meeting Agenda June 12, 2018 – Page 56 of 188
Exhibit A
Paramount MDA H-2018-0038 2
Meridian Road, in the southeast ¼ of Section 25, Township 4N., Range 1W.
B. Owner:
Brighton Investments et al
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
C. Applicant:
Same as Owner
D. Representative:
Michael D. Wardle, Brighton Corporation
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
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 13, 2018
C. Radius notices mailed to properties within 300 feet on: April 6, 2018
D. Applicant posted notice on site by: April 24, 2018
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: Single family homes in the Paramount Subdivision, zoned R-4
West: Paramount Square Apartments, zoned R-40
South: Undeveloped commercial land, zoned C-G
East: N. Meridian Road and Single-family residential properties in the Ventana Subdivision, zoned R-8
and Heritage Middle School, zoned R-4
C. History of Previous Actions:
The subject property was annexed into the City in 2003 as part of the larger Paramount Subdivision
(AZ-03-006) (Instrument No. 103137116).
In 2007, a modification to the DA (MI-07-007, Paramount Commercial Southwest) was approved
and recorded as Instrument No. 107145935;
In 2008, a modification to the DA (MDA-08-001) was approved and recorded as Instrument No.
108108427; and,
In 2013, a modification to the DA (MDA-13-005) was approved and recorded as Instrument No.
113083665.
VII. ANALYSIS
The applicant requests an amendment to the existing development agreement (MDA) (Instrument
Meridian City Council Meeting Agenda June 12, 2018 – Page 57 of 188
Exhibit A
Paramount MDA H-2018-0038 3
#113083665) to allow for self-storage uses on the property and to modify certain other provisions of the
development agreement. With the previous DA modification, the applicant did acknowledge that
additional multi-family units may develop on the subject property.
The applicant now desires to develop the property with a self-storage use in the C-G zoning district (see
Exhibit A.2). Under the UDC, a self-service storage facility requires the procurement of a conditional
use permit. The applicant has concurrently submitted a conditional use permit for a self-storage facility
on the subject property in anticipation of an approval of the subject MDA application. The CUP
application is scheduled for the May 17, 2018 Planning and Zoning Commission hearing.
The applicant has provided the requested changes to the development agreement as shown in Exhibit
A.3 below. Staff recommends approval of the applicant’s requested modification to the DA as
proposed.
VIII. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Site Plan (dated: March 14, 2018)
3. Proposed Changes to the Development Agreement
Meridian City Council Meeting Agenda June 12, 2018 – Page 58 of 188
Exhibit A
Paramount MDA H-2018-0038 4
Exhibit A.1: Vicinity/Zoning Map
Meridian City Council Meeting Agenda June 12, 2018 – Page 59 of 188
Exhibit A
Paramount MDA H-2018-0038 5
Exhibit A.2: Proposed Site plan (dated: March 14, 2018)
Meridian City Council Meeting Agenda June 12, 2018 – Page 60 of 188