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
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[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
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cily O[
E MAN
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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.
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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
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Page 6
B. Approved Elevations
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Page 7
C. Proposed Elevations
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Page 8
D. Driven Automotive Building Façade
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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
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