Adera (H-2019-0092)CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0092 - 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 to Include a New
Conceptual Development Plan for a Mix of Uses Consisting of Multi-Family Residential, a Self-
Service Storage Facility, Office and Retail Uses; and New Conditions for the Adera Development,
by Chad Olsen.
Case No(s). H-2019-0092
For the City Council Hearing Date of: October 1, 2019 (Findings on October 15, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 1, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of October 1, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 1, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 1, 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.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
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7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 1, 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 modification to the existing Development Agreement is hereby
approved per the conditions of approval in the Staff Report for the hearing date of October 1,
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 October 1, 2019
Meridian City Council Meeting Agenda October 15, 2019 – Page 101 of 294
By action of the City Council at its regular meeting held on the I 8n day of C-V6bP V- ,
2019.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED A�(�
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy de Weerd
Attest: o�Qo�PISD Aucvsr' A`�o
2 ('ily of
g IDIAN'�
C o
City Cl s^ SEAL
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: CnAkvo Dated: O �5
City Clerk's Uffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0092 PatXA -3 -
EXHIBIT A
Page 1
HEARING
DATE:
10/1/2019
TO: Mayor & City Council
FROM: Bill Parsons, Planning Supervisor
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0092
Adera MDA
LOCATION: 1680 W. Ustick Rd.
I. PROJECT DESCRIPTION
Request to modify the existing Development Agreement (Inst. #110031366, JJA Land) to include a
new conceptual development plan for a mix of uses consisting of multi-family residential, a self-
service storage facility, office and retail uses.
II. SUMMARY OF REPORT
A. Project Summary
III. APPLICANT INFORMATION
A. Applicant/Representative:
Chad Olsen
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details
Acreage 4.61
Current Zoning C-C
Neighborhood meeting date; # of
attendees:
4/25/2019; 0 attendees
History (previous approvals) AZ-09-005 (JJA Land, Ord. 10-1445, DA # 110031366);
H-2018-0096 (RZ, CUP, & MDA to develop a 96-unit MF
Development). Application was withdrawn after the P/Z
hearing.
Public Testimony 21 individuals submitted public testimony in opposition
(see the public record).
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104 E. Fairview Ave., #233
Meridian, ID 83642
B. Owner:
Buyrite, LLC
16130 N. Elder St.
Nampa, ID 83687
IV. NOTICING
City Council
Posting Date
Newspaper Notification 9/13/2019
Radius notification mailed to properties
within 300 feet 9/17/2019
Public hearing notice sign posted 9/19/2019
Nextdoor posting 9/17/2019
V. STAFF ANALYSIS
The existing Development Agreement (DA) (Inst. #110031366, JJA Land, AZ-09-005) was approved
in 2009. At the time of annexation approval, specific details for how the site was to develop were not
provided. The recorded development agreement requires those details when the property is
subdivided.
The Applicant now desires to modify the terms of the original DA, because most of the original
provisions are no longer applicable to development of this site. The terms of the existing DA are
included below in Section VI.B. A legal description and exhibit map subject to the new DA are
included below in Section VI.A.
The proposed concept plan depicts one retail/office (1) pad site, self-service storage facility and eight
(8) multi-family units. The multi-family development and self-service storage facility will require
conditional use approval subject to the standards set forth in UDC 11-4-3-27 and 11-4-3-34; retail
and office are a principal permitted use in the C-C district. NOTE: The applicant has submitted the
CUP for the self-service storage facility. This project is scheduled for the October 24th P/Z
hearing.
The conceptual building elevations were also submitted to demonstrate the quality of design and a
cohesive design theme of the future buildings in the development.
Access to the commercial portion of the development is proposed via a shared driveway (right-
in/right-out) from N. Linder Road and a secondary emergency access to W. Ustick Rd. for the future
storage facility. The concept plan depicts the extension of a public street in the northwest corner of
the development. Ideally, staff would like to see inter-connectivity between the commercial, storage
and residential uses as contemplated by the Comprehensive Plan however, during ACHD’s review of
this plan, the applicant was required to shift the Linder Road access farther to the north and remove
the driveway connection to Crosswind Street to prevent cut-through traffic. In lieu of the vehicular
connection, the applicant has provided a central gathering space and provided a pedestrian connection
to integrate the proposed development. With development of this site, staff recommends as DA
provision that the applicant provide a central open space and seating area. Further, Staff
recommends as a provision of the DA that the Developer submit a preliminary plat application
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concurrent with the CUP for the multi-family development to facilitate the dedication and
construction of the W. Crosswind St.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the provisions in Section VIII.
B. The Meridian City Council heard this item on October 1, 2019. At the public hearing, the Council
moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Chad Olsen, Applicant
b. In opposition: Beth Lucas; Miquelle Crosland; Holly Worthington
c. Commenting: John Schafer; John Walsh
d. Written testimony: None
e. Staff presenting application: Caleb Hood
f. Other Staff commenting on application: Lieutenant Ford, Police Dept.; Mark Niemeyer,
Fire Department
2. Key issue(s) of public testimony:
a. Concern pertaining to traffic generated from proposed multi-family portion of
development;
b. Not in favor of proposed development plan – belief that it doesn’t fit with the
surrounding neighborhoods (i.e. apartment buildings are too tall at 3-stories – no
transition to future single-family homes to west and proposed single-story storage units)
– requests if multi-family structures are proposed that they not exceed 2-stories in
height and elevations include architectural details and colors that fit in better with the
surrounding area that are more residential in appearance (i.e. pitched/gabled roofs, more
architectural detail, less of a modern style and more traditional);
c. Concern pertaining to overcrowding of area schools from proposed multi-family
development; and,
d. Concern pertaining to perceived high rate of crime/criminals associated with storage
facilities.
3. Key issue(s) of discussion by City Council:
a. The number of existing storage facilities and multi-family (apartments) developments in
the area;
b. Discussion pertaining to the height of the proposed multi-family structures and reduction
from 3 to 2-stories in height;
c. Desire for more neighborhood serving uses (i.e. retail, services, etc.) to be provided in
this area; and architectural design elements more consistent with area homes; and,
d. The proposed uses would have some of the least impacts on traffic and school
enrollment.
4. City Council change(s) to Commission recommendation:
a. Amend DA provisions in #5.1 to remove multi-family residential component of
development, only allowing a self-service storage facility and commercial uses.
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VII. EXHIBITS
A. Legal Description and Development Agreement Boundary:
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Page 6
B. Current Development Agreement Provisions (Inst. No. 110031366)
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C. Proposed Site Plan
Multi-family
Not Approved
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D. Proposed Landscape Plan
Multi-family
Not Approved
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E. Elevations
Not Approved
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
Recommended Development Agreement Provisions:
CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
1. The applicant shall be responsible for all costs associated with the sewer and
water service extension and hook-up to City services.
2. Future development of this site shall substantially comply with the attached
conceptual development plan, building elevations and provisions contained
herein.
3. All future development of the subject property shall comply with the City
of Meridian ordinances in effect at the time of development.
4. The multi-family development and self-service storage facility requires
conditional use approval subject to the standards set forth in UDC 11-4-
3-27 and 11-4-3-34.
5. The applicant shall provide a central open space and seating area within
the commercial portion of the development in accord with the MU-C
standards.
6. The applicant shall subdivide the property and construct W. Crosswind
St. in conjunction with the multi-family development.
7. Future development shall comply with the structure and site design standards
listed in UDC 11-3A-19 and the design standards listed in the Architectural
Standards Manual.
8. A 10-foot wide multi-use pathway with a public use easement and
landscaping shall be installed adjacent to W. Ustick Road.
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