Ten Mile and McMillan (fka Verona Commercial) (H-2019-0126)CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0126 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a New Development Agreement to Replace the Existing
Development Agreement (Inst. #108059800, Verona Commercial) to Include a New Conceptual
Development Plan for a Mix of Uses Including a Senior Living/Multi-Family Development and
Commercial Uses, by Northwest Development Company.
Case No(s). H-2019-0126
For the City Council Hearing Date of: January 7, 2020 (Findings on January 21, 2020)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 7, 2020, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 7, 2020, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 7, 2020,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 7, 2020, 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 January 21, 2020 – Page 166 of 246
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0126 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 7, 2020, 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 new Development Agreement to replace the existing Development
Agreement (Inst. #108059800, Verona Commercial) is hereby approved per the provisions in
the Staff Report for the hearing date of January 7, 2020, 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 January 7, 2020
Meridian City Council Meeting Agenda January 21, 2020 – Page 167 of 246
By action of the City Council at its regular meeting hold on the 21st day of January ,
2020.
COUNCIL PRESIDENT TREG BERNT VOTED A,-, 0
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED �� n
COUNCIL MEMBER JOE BORTON VOTED �� P
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED `
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
BY: �Jr Dated: January 21, 2020
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S).H2019-0126 -3 -
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EXHIBIT A
Page 1
HEARING
DATE:
1/7/2020
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0126
Ten Mile and McMillan - MDA
LOCATION: Off the northeast corner of N. Ten
Mile Rd. and W. McMillan Rd.
I. PROJECT DESCRIPTION
Request for a new Development Agreement to replace the existing Development Agreement (Inst.
#108059800, Verona Commercial) to include a new conceptual development plan for a mix of uses
including a senior living/multi-family development and commercial uses.
II. SUMMARY OF REPORT
A. Project Summary
III. APPLICANT INFORATION
A. Applicant:
Northwest Development Company – 1980 S. Meridian Rd., Meridian, ID 83642
B. Owner:
Prime Desert Properties – 16850 Bear Valley Rd., Victorville, CA 92395
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details
Acreage 14.36
Current Zoning C-G
Neighborhood meeting date; # of
attendees:
10/09/2019; 6 attendees
History (previous approvals) AZ-03-005 (DA #103097612); MI-07-013 (amended DA
#108059794, Verona Commercial); RZ-07-017 (new DA
#108059800, Verona Commercial); PP-07-022; FP-08-010;
A-2019-0290 (PBA, ROS #12081)
Meridian City Council Meeting Agenda January 21, 2020 – Page 169 of 246
EXHIBIT A
Page 2
C. Representative:
Tamara Thompson, The Land Group – 462 E. Shore Dr., Ste. 100, Eagle, ID 83616
IV. NOTICING
City Council
Posting Date
Newspaper notification published 12/20/2019
Radius notification mailed to property owners
within 300 feet 12/17/2019
Public hearing notice sign posted on site 12/18/2019
Nextdoor posting 12/17/2019
V. STAFF ANALYSIS
The Applicant proposes to remove the property described in Section VII.A from the existing
Development Agreement (DA) (Inst. #108059800) for inclusion in a new DA with a new conceptual
development plan and building elevations (see Section VII.B, C). The existing DA includes
additional land area that is not the subject of this application that will remain in the existing
agreement and/or has already been removed from the agreement.
The existing (previously approved) plan for this site is included in Section VII.B and depicts 9 pad
sites for future commercial structures. The provisions in the DA are primarily related to design
requirements for the development because at that time, the City did not have design standards.
The proposed plan is included in Section VII.C and consists of a senior living multi-family residential
development on a 6+/- acre parcel at the northeast corner of the site with commercial pads along the
frontage of Ten Mile and McMillan Roads on the remainder of the property. The commercial uses are
anticipated to provide services and uses needed for nearby residents. The project is proposed to
develop in multiple phases. Staff recommends as a provision of the new DA that future development
substantially complies with the concept plan submitted.
Conceptual building elevations were submitted for the multi-family development as shown in Section
VII.D. The structure proposed across the northeast corner of the site is 2-stories in height, while the
adjoining structures to the west and south are 4-stories in height. Staff is concerned about the massing
of the 4-story structures in relation to the three (3) single-story structures to the east; however, there is
a collector street, street buffer, and approximately 200+’ separation between the structures that should
help to alleviate the issue. Additionally, only the ends of the 4-story structures will face the east
toward the residences; therefore, unless public testimony from adjacent residents is presented
otherwise, Staff doesn’t feel it’s an issue that should restrict the height of the structures below that
allowed in the district (i.e. 65’). The final site and building design is required to comply with the
design standards listed in UDC 11-3A-19 and the Architectural Standards Manual.
Access to the multi-family development is proposed via W. Milano Dr. and N. Corona Way, collector
streets, in alignment with existing driveways on the opposite side of the street(s); access to the
commercial lots is proposed via the existing curb cuts constructed by ACHD via Ten Mile Rd. and
W. McMillan Rd., arterial streets, consistent with the previous concept development plan. Local
street access is not available to this site. A cross-access/cross-parking easement agreement was
previously required to be granted for all lots in the subdivision; however, Staff is unable to
locate a copy of the agreement or verify that one exists. Therefore, Staff recommends a
Meridian City Council Meeting Agenda January 21, 2020 – Page 170 of 246
EXHIBIT A
Page 3
provision in the DA that one is submitted to the Planning Division prior to issuance of the first
Certificate of Zoning Compliance for the development.
A subsequent conditional use permit application will be submitted for the multi-family development
in the C-G zoning district in accord with UDC Table 11-2B-2.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the provisions in Section VIII.
B. The Meridian City Council heard these items on January 7, 2020. At the public hearing, the
Council moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Tamara Thompson, Applicant’s Representative; Matt Naumann; Tyler Brennan
b. In opposition: Sheryl Tolman; Dan Voltroubek
c. Commenting: Kent Brown
d. Written testimony: Tamara Thompson, Applicant’s Representative (in agreement with
staff report)
e. Staff presenting application: Caleb Hood
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. Residential neighbors against the proposed multi-family use and 4-story height of
portions of the structure – favors commercial use instead as previously approved in the
existing DA;
b. Residential neighbor concerns pertaining to the increase in traffic the proposed use will
generate in this area;
c. Realtor belief there will be less traffic and noise generation (i.e. from delivery trucks
coming and going, especially during early morning hours) by the proposed use than
would be for commercial uses.
3. Key issue(s) of discussion by City Council:
a. Desire for age restriction of multi-family development to seniors 55 and older;
b. Concern pertaining to the height of portions of the structure (i.e. 4 stories) in relation to
adjacent single level homes/structures;
c. The opportunity for a more detailed review of the proposed development/use with the
future conditional use permit application that is required;
d. Concern pertaining to the large amount of senior living being constructed in this general
area and if it will be needed in the future.
4. City Council change(s) to Commi recommendation:
a. The Council voted to restrict the age of residents of the multi-family development to
seniors 55 and older.
Meridian City Council Meeting Agenda January 21, 2020 – Page 171 of 246
EXHIBIT A
Page 4
VII. EXHIBITS
A. Legal Description and Exhibit Map for Property Subject to New Development Agreement:
Meridian City Council Meeting Agenda January 21, 2020 – Page 172 of 246
EXHIBIT A
Page 5
B. Existing Development Agreement Provisions & Conceptual Development Plan
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EXHIBIT A
Page 6
C. Proposed Conceptual Development Plan
Meridian City Council Meeting Agenda January 21, 2020 – Page 174 of 246
EXHIBIT A
Page 7
D. Conceptual Building Elevations for Multi-Family Development
Meridian City Council Meeting Agenda January 21, 2020 – Page 175 of 246
EXHIBIT A
Page 8
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
1. A new Development Agreement shall be required for this property that incorporates the
Sprovisions listed below. Said agreement shall be signed by the property owner(s) and
returned to the City within six (6) months of the City Council granting the subject
modification in accord with UDC 11-5B-3F.2.
a. Future development of the subject property shall be generally consistent with the
conceptual development plan and building elevations contained herein.
b. Development of the subject property (i.e. site design and building design) is required to
comply with the design standards listed in UDC 11-3A-19 and in the Architectural
Standards Manual.
c. An easement agreement shall be recorded granting cross-access/cross-parking to all lots
in the development, including the parcel at the southwest corner of this site that is not
subject to this agreement. A recorded copy of said easement agreement shall be submitted
to the Planning Division prior to issuance of the first Certificate of Zoning Compliance
application for the site.
d. The age of the residents living in the multi-family development shall be restricted to
seniors, age 55 and older.
Meridian City Council Meeting Agenda January 21, 2020 – Page 176 of 246