Goff MDA H-2019-0061CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0061 - 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 (Inst. #111072107)
to Remove the Previous Conceptual Development Plan and Associated Provisions from the
Agreement, by Garland R. Goff.
Case No(s). H-2019-0061
For the City Council Hearing Date of: June 11, 2019 (Findings on June 25, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 11, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 11, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 11, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 11, 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 June 25, 2019 – Page 158 of 348
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0061 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 11, 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 a Development Agreement modification is hereby approved per the
provisions in the Staff Report for the hearing date of June 11, 2019, 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 June 11, 2019
Meridian City Council Meeting Agenda June 25, 2019 – Page 159 of 348
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
day of -June, ,
VOTED
VOTED_ A _ f
VOTED
VOTED
VOTED
COUNCIL MEMBER GENESIS MILAM VOTED v ()
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor T my e Weerd
Attest: Q° 5ED AUGvsT�
R
� 'o
w
i n ('ity of
IDAHO
C!60 S �
City Cie s ^ SEAL
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: (p a rj -1-/
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0061 G 04 - 3 -
EXHIBIT A
Page 1
HEARING
DATE:
6/11/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: H-2019-0061
Goff
LOCATION: 1725 W. Pine St.
(NE ¼ of Section 11, T.3N., R.1W.)
I. PROJECT DESCRIPTION
Request for a modification to the existing Development Agreement, recorded as Instrument No.
111072107, to remove the previous conceptual development plan and associated provisions from the
agreement.
II. APPLICANT INFORMATION
A. Applicant:
Garland R. Goff – 2010 N. Mumbarto Ave., Boise, ID 83713
B. Owner:
Virtual Keystrokes, LLC – 2010 N. Mumbarto Ave., Boise, ID 83713
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 5/24/2019
Radius notice mailed to
properties within 300 feet 5/21/2019
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda June 25, 2019 – Page 161 of 348
Page 2
Posted on Next Door 5/21/2019
Public hearing notice sign posted 5/31/2019
IV. STAFF ANALYSIS
The previous development plan for this site was for an aquatics center (see Section VI.B). This plan
fell through and the site was never redeveloped. The property owner now wishes to sell the property
and the prospective buyer does not wish to redevelop the property in the same manner. One
consideration is to possibly renovate the existing structure for an office; otherwise, the prospective
buyer would like flexibility to explore other options for uses allowed in the C-N district as set forth in
UDC Table 11-2B-3.
The existing Development Agreement (DA) prohibits the following uses on the site: drinking
establishments, fuel sales facilities, drive-thru establishments, and vehicle washing facilities. Staff
recommends the provision prohibiting these uses remain.
Staff is amenable to the Applicant’s request with the following recommended changes to the existing
DA provisions (see Section VI.A): 1) removal of the requirement for future development to comply
with the previous conceptual development plan and inclusion of language referencing the
Architectural Standards Manual now in effect for design review; 2) the requirement for submittal of a
Design Review application with the Certificate of Zoning Compliance application; 3) removal of
language limiting access to the site to the existing location in favor of language that still limits access
to one driveway via Pine Avenue but allows its relocation if necessary with redevelopment; and, 4)
removal of the requirement for the existing septic system and domestic well to be removed from
service as this has already been done and the property is hooked up to City water and sewer services.
V. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the provisions in Section VI.A.
B. City Council:
The Meridian City Council heard these items on June 11th. At the public hearing, the Council
moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Garland Goff, Applicant
b. In opposition: None
c. Commenting: Carla Morton
d. Written testimony: Garland Goff, Applicant (in agreement with staff report)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. Safety related concerns for high school students walking to school and more traffic
resulting from a business in this location.
3. Key issue(s) of discussion by City Council:
a. Safety related concerns brought up by Ms. Morton.
4. City Council change(s) to Commission recommendation:
a. None
Meridian City Council Meeting Agenda June 25, 2019 – Page 162 of 348
Page 3
VI. EXHIBITS
A. Development Agreement Provisions
Note: The existing provisions are noted in normal text; Staff’s recommended additional/revised
provisions are noted in underline/strike-out format; Staff’s comments are noted in italic text and
are not to be included in the final document.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
City’s Zoning Ordinance codified at Meridian Unified Development Code § 11-
2B.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
1. Future development of this site shall substantially comply with the
conceptual development plan and building elevations included in Exhibits
A.3 and A.4 of the Staff Report and design standards currently in effect at the
time of Certificate of Zoning Compliance application the Architectural
Standards Manual and UDC 11-3A-19.
2. A Certificate of Zoning Compliance and Design Review application is
required to be submitted to the Planning Department for the change in use
and any new construction proposed on this site.
3. Direct aAccess to W. Pine is restricted to one (1) access driveway prohibited
except for the existing access shown on the conceptual development plan
approved with this application. Cross-access shall be provided to the
property to the west (parcel #S1211417515) and the property to the east
(parcel # S1211417415) at the southwest boundary of the site for future
interconnectivity. A recorded copy of the cross-access agreement(s) shall be
provided with the Certificate of Zoning Compliance application for the
change in use of this site.
4. Any existing domestic well system within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8, within 6
months after the date of annexation ordinance approval. Contact the City of
Meridian Engineering Department at (208) 898-5500 for inspections of
disconnection of services. Wells may be used for non-domestic purposes
such as landscape irrigation if approved by Idaho Department of Water
Resources. Contact Robert B. Whitney at (208) 334-2190. This has already
been done; the property is hooked up to City services.
5. Any existing septic systems within this project shall be removed from service
per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of
annexation ordinance approval. Contact Central District Health for
Meridian City Council Meeting Agenda June 25, 2019 – Page 163 of 348
Page 4
abandonment procedures and inspections. (208) 375-5211. This has already
been done; the property is hooked up to City services.
6. All uses contained in UDC Table 11-2B-2 for the C-N District are allowed
on this site EXCEPT for drinking establishments, fuel sales facilities, drive-
thru establishments, and vehicle washing facilities, which are prohibited.
Meridian City Council Meeting Agenda June 25, 2019 – Page 164 of 348
Page 5
B. Existing Conceptual Development Plan & Elevations to be Removed
Meridian City Council Meeting Agenda June 25, 2019 – Page 165 of 348
Page 6
Meridian City Council Meeting Agenda June 25, 2019 – Page 166 of 348