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Cope Collision MDA H-2019-0002ADA COUNTY RECORDER Phil McGrane 2019-020082 BOISE IDAHO Pgs=22 VICTORIA BAILEY 03/14/2019 12:22 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. Mussell Construction, Inc., Owner/Developer THIS DEVM LOPMENT AGREEMENT (this Agreement), is made and entered into this day of (-Xr j2,V-_' , 2019, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called C= whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Mussell Construction, Inc., whose address is 320 111 Avenue South, Nampa, ID 83 65 1, hereinafter called OWNER/DEVELOPER. 1. RECITALS: Ll WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in fall, herein after referred to as the.Property; and 1.2 WHEREAS, Idaho Code.§ 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the -subject Property, and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes developmtnt asreements 12POn the annexation and/or re -zoning of land; and 1.4 WHERE AS, Owner/Developer has submitted an application for a modificaiimi of a Development Agreement and to remove the property described in Exhibit "N' from an existing Development Agreement recorded .as Instrument # 2018-027680 on March 29, 2018 and be bound by a new development agreement;. and 1.5 WHEREAS, Owner/Developer -made, representations at the, public hearing before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested development agreement -modification before the City Council, includes responses of DEVELOPMENT AoREEMENT —COPE COLLISION (H-2019-0002) PAGE I OF 8 Meridian City Council Meeting Agenda March 12, 2019 – Page 97 of 480 Meridian City Council Meeting Agenda March 12, 2019 – Page 98 of 480 Meridian City Council Meeting Agenda March 12, 2019 – Page 99 of 480 Meridian City Council Meeting Agenda March 12, 2019 – Page 100 of 480 Meridian City Council Meeting Agenda March 12, 2019 – Page 101 of 480 [end of text; acknowledgements, and Exhibits A and B follow] /_ .46' �:�-11"61 OWN K IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Mussell Construction, Inc. CITY OF MERIDIAN By: �p0RATEO, G0 ✓l it n Cit .;, Of SICAl, ATTEST: VSto Coles, 4ffity Clerk DEVELOPMENT AGREEMENT — COPE COLLISION (H-2019-0002) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of -;a, lie ) On this day of /l u K , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared 1)1, /, c %6,1u c�,,1 L known or identified tome to be the��n s;�� Pis of Mussell Construction, Inc., and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above w 04%11IIlllllpT�����\\\ G'A�Y PRR�r'//�� (SEAL) SPR (r a0 ��c'�: Notary Public for Idaho — MY COMMISSION — Residing at: l . _ EXPIRES 8.7-2021 — My Commission Expires: //IIIIIltt1N\\ STATE OF IDAHO ) ss County of Ada ) On this 124*' day of Ma. -no , 2019, before me, a Notary Public, personally appeared file. bcr}oo Tannny de VVnM and C.Jay.Coles, know or identified to me to bet ear and Cl rk, respectively, of the City of Meridian, who executed the instrument or the person that execute�°t Mastru�'ienRt behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 0410J&Mbjqt — (S ALI Notary Public daho ��� PCHARLENE WAY Commason expires: 3-a$MISSION 067UONOTARY pU81.IC STATio MISSISTATE OF IDAHO ON EXPIRES 3/28/22 DEVELOPMENT AGREEMENT — COPE COLLISION (H-2019-0002) Meridian City Council Meeting Agenda March 12, 2019 — Page 103 of 480 PAGE 8 OF 8 EXHIBIT A Cope Collision H-2019-0002 Meridian City Council Meeting Agenda March 12, 2019 – Page 104 of 480 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0002 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a modification to an existing development agreement for the purpose of removing concept building elevations from the agreement and to omit the subject property from the existing agreement to enter into a new agreement, by Mussell Construction, Inc. Case No(s). H-2019-0002 For the City Council Hearing Date of: February 5, 2019 (Findings on February 26, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 5, 2019, 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. Meridian City Council Meeting Agenda February 26, 2019 – Page 265 of 340 EXHIBIT B Meridian City Council Meeting Agenda March 12, 2019 – Page 105 of 480 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0002 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 5, 2019, 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 MDA is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 5, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director Meridian City Council Meeting Agenda February 26, 2019 – Page 266 of 340Meridian City Council Meeting Agenda March 12, 2019 – Page 106 of 480 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0002 - 3 - or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). 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 February 5, 2019 Meridian City Council Meeting Agenda February 26, 2019 – Page 267 of 340Meridian City Council Meeting Agenda March 12, 2019 – Page 107 of 480 By action of the City Council at its regular meeting held on the 2019. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT 2-lp l day of F-ebruaY , VOTED VOTED %eG( VOTED VOTED 11 74 VOTED `C COUNCIL MEMBER GENESIS MII,AM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor T e_Weerd i Ow cily O[ E MAN W SEAL P/ Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: &&&yu w Dated: A- A( -P- a o 1 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0002 - 4 - Meridian City Council Meeting Agenda March 12, 2019 – Page 108 of 480 EXHIBIT A Page 1 HEARING DATE: 2/5/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 SUBJECT: H-2019-0002 Cope Collision LOCATION: 1724 E. Franklin Rd., in the SW ¼ of Section 8, Township 3N., Range 1E. I. PROJECT DESCRIPTION The Applicant requests a modification to the existing Development Agreement (DA) to revise the building elevations from those approved with the original agreement. Note: The staff report has been revised to include the legal description of the property to be entered into a separate development agreement (see Exhibit VII.A). II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 1.73 Future Land Use Designation Industrial Existing Land Use Undeveloped Proposed Land Use(s) Vehicle repair, accessory outdoor storage Current Zoning I-L Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: December 17, 2018; 0 attendees History (previous approvals) H-2017-0157, DA Inst. No. 2018-027680; H-2017-0121 Meridian City Council Meeting Agenda February 26, 2019 – Page 269 of 340Meridian City Council Meeting Agenda March 12, 2019 – Page 109 of 480 Page 2 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant/Owner: Mussell Construction, Inc. 320 11th Avenue South Nampa, Idaho 83651 B. Representative: Network Architects 2517 W. Neff Court Boise, Idaho 83702 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda February 26, 2019 – Page 270 of 340Meridian City Council Meeting Agenda March 12, 2019 – Page 110 of 480 Page 3 IV. NOTICING City Council Posting Date Newspaper Notification 1/18/2019 Radius notification mailed to properties within 300 feet 1/15/2019 Public hearing notice sign posted 1/18/2019 Nextdoor posting 1/15/2019 V. STAFF ANALYSIS The development agreement modification proposes to allow the applicant to construct a building differing in appearance from the elevations approved with the existing development agreement [i.e. Inst. #2018-027680, H-2017-0157 Kobe-Cope CPAM and RZ] and enter into a modified development agreement for the proposed development. The original elevations included steel panels with extensive glass storefront and overhead doors. The applicant is requesting a modification to those elevations to replace the northern storefront glass component with a primarily stucco exterior, with glass roll-up doors to access vehicle repair bays on the west side of the site (see Exhibit VII.C). Below, staff has provided some analysis on how the proposed elevations comport to the commercial standards of the Architectural Standards Manual (ASM). It is important to note the elevations as proposed do not meet all of the requirements and further refinement is needed as outlined below. If the elevations are revised as recommended by staff, staff is of the opinion that the proposed elevations no longer need to be referenced as an Exhibit in the amended development agreement. A. Structure and Design Standards (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the future facility as shown in Exhibit VII.C. Final design of the structure should be consistent with the design standards listed in the Architectural Standards Manual for commercial districts per the recorded development agreement. The proposed conceptual elevations for the north and west elevations appear to generally comply with a majority of the design standards in UDC 11-3A-19 and the ASM for commercial districts. Action items that need to be revised or further clarified are detailed below. ASM Action Item #3.2A: requires that at least 30% of applicable facades use a variety of techniques around the base of the building to visually anchor the building to the ground. The submitted conceptual elevations do not appear to meet this goal and shall be revised to comply; the revision shall be submitted with the CZC and DES application. ASM Action Items #5.1B, #5.1D, and #5.1E: action items within Goal 5.10 require that building design incorporate complementary material combinations, including: the use of at least two (2) distinct field materials, colors, or material-color combinations on the building façade; incorporation of an accent material on the first story; and distinguishing field materials from accent materials. The submitted conceptual elevations depict one field material (stucco) in two (2) shades of gray. Staff recommends the applicant provide an additional field material from the basic categories specified in the ASM (wood, masonry, concrete, metal and glazing). Elevations for the south and east façades of the building were not submitted with this application. Scalable elevations for all sides of the building shall be submitted with the CZC and DES application and shall comply with the design standards listed in UDC 11-3A-19 and the ASM for commercial districts. Meridian City Council Meeting Agenda February 26, 2019 – Page 271 of 340Meridian City Council Meeting Agenda March 12, 2019 – Page 111 of 480 Page 4 Several buildings in the vicinity of the subject property have incorporated multiple field materials mentioned above. The building across N. Nola Rd. (Driven Automotive) incorporates stucco, metal accents and awnings, glass and stone veneer (see Exhibit VII.D). If additional field materials are incorporated as recommended by staff, the proposed building would complement other buildings in the surrounding area. Staff originally recommended the building comply with commercial design standards to establish a cohesive and attractive character for the Franklin corridor. B. Outdoor Storage In accord with UDC 11-3A-14D, outdoor storage of materials, equipment, inventory, and/or supplies shall be incorporated into the overall design of building and site landscaping so that the visual impacts of these functions are fully contained and screened from view of adjacent nonindustrial properties and/or public streets by a solid fence and/or wall with a minimum height of six feet (6’). Such fence and/or wall shall be constructed of complementary or of similar design and materials of the primary structure. A detail of proposed fencing shall be submitted with the CZC and DES application. C. Certificate of Zoning Compliance and Design Review A Certificate of Zoning Compliance (CZC) and Design Review (DES) application is required to be submitted and approved prior to submittal of a building permit application. The proposed plans (see Exhibit VII.C) have already been submitted with a CZC and DES application to the Planning Division, however, approval cannot be issued until this subject MDA application is concluded. If Council decides that the proposed elevations should be modified to include an additional field material and banding around the bottom of the building the applicant shall submit revised plans to the Planning Division prior to CZC approval. VI. DECISION A. Staff: Staff recommends approval of the proposed modifications to the Development Agreement in accord with the provisions in Section VIII.A. B. Council: The Meridian City Council heard these items on February 5, 2019. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Mark Fledderjohann, Mussell Construction, Inc. ii. In opposition: None iii. Commenting: Mark Fledderjohann, Mussell Construction, Inc. iv. Written testimony: None v. Staff presenting application: Stephanie Leonard vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: ii. Building materials used and façade elevation compliance with commercial standards in the architectural standards manual. d. Key Council Changes to Staff/Commission Recommendation i. None Meridian City Council Meeting Agenda February 26, 2019 – Page 272 of 340Meridian City Council Meeting Agenda March 12, 2019 – Page 112 of 480 Page 5 VII. EXHIBITS A. Legal Description for New Development Agreement Boundary Meridian City Council Meeting Agenda February 26, 2019 – Page 273 of 340Meridian City Council Meeting Agenda March 12, 2019 – Page 113 of 480 Page 6 B. Approved Elevations Meridian City Council Meeting Agenda February 26, 2019 – Page 274 of 340Meridian City Council Meeting Agenda March 12, 2019 – Page 114 of 480 Page 7 C. Proposed Elevations Meridian City Council Meeting Agenda February 26, 2019 – Page 275 of 340Meridian City Council Meeting Agenda March 12, 2019 – Page 115 of 480 Page 8 D. Driven Automotive Building Façade Meridian City Council Meeting Agenda February 26, 2019 – Page 276 of 340Meridian City Council Meeting Agenda March 12, 2019 – Page 116 of 480 Page 9 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Development Agreement Modification 1.1 The existing DA shall be amended to reflect the new provisions and conceptual elevations for the subject property. The applicant shall no longer be subject to the previous development agreement, and shall enter into a new agreement. The new development agreement shall include the following provisions: CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: a. 5.1 Owner and/or Developer shall develop the Property in accordance with the following special conditions: Development of this site shall substantially comply with the design standards listed in UDC 11-3A-19; the guidelines contained in the Architectural Standards Manual, the site plan and building elevations in Exhibit A. b. This property is subject to the conditions of approval of the Madden Subdivision (H- 2017-0121) c. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. d. Certificate of Zoning Compliance and Administrative Design Review applications area required to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for building permit. e. The applicant shall comply with the accessory outdoor storage standards set forth in UDC 11-3A-14. f. Any structures built on the property shall conform to the commercial standards in the City of Meridian Architectural Standards Manual, specifically: i. Building elevations shall incorporate banding around the base of the building in accord with ASM Action Item #3.2A. ii. Building elevations shall incorporate an additional field material from the basic categories as specified in ASM (wood, masonry, concrete, metal and glazing) in accord with ASM Action Items #5.1B, #5.1D, and #5.1E. B. Nampa & Meridian Irrigation District (NMID) http://weblink.meridiancity.org/weblink8/0/doc/160515/Page1.aspx Meridian City Council Meeting Agenda February 26, 2019 – Page 277 of 340Meridian City Council Meeting Agenda March 12, 2019 – Page 117 of 480