Paramount Point (H-2020-0098) Findings Item#10.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- ,
AND DECISION&ORDER A 1
In the Matter of the Request for Development Agreement Modification to amend the fourth
addendum of the Paramount Development Agreement(Inst.#2017-066043)to incorporate a new
concept plan consisting of five(5) commercial lots and associated site improvements,by Brighton
Development,Inc.
Case No(s). H-2020-0098
For the City Council Hearing Date of. November 24, 2020 (Findings on January 5, 2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of November 24, 2020, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of November 24,2020, incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of November 24,
2020, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of November 24, 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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Paramount Point MDA—FILE#H-2020-0098) - I - Page 247
Item#10.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 24, 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 Development Agreement Modification is hereby approved per the
conditions of approval in the Staff Report for the hearing date of November 24, 2020, 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 1I-
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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Paramount Point MDA—FILE#H-2020-0098) -2-
Page 248
Item#10.
determined and approved by the City Council may be granted.With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-617).
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. 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 November 24,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Paramount Point MDA—FILE#H-2020-0098) -3- Page 249
Item#10.
By action of the City Council at its regular meeting held on the 5th day of January
2021.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 1-5-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Paramount Point MDA—FILE#H-2020-0098) -4- Page 250
Item#10.
Exhibit A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 11/24/2020 Legend
DATE:
FEIProlect Location 1.
E, .
TO: Mayor&City Council
=C 3=MU- R R1 MU
FROM: Joseph Dodson,Associate Planner C-C C-C R-15 C-G
208-884-5533 C '
SUBJECT: H-2020-0098 W
Paramount Point-MDA
RUT
LOCATION: The site is located at the SWC of N. Fox R.8�
Run Way and W. Chinden Boulevard,in L'O
1 1 P - -
the NE /4 of the NW /4 of Section 25,
Township ,4N. Range 1W. L"O
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I. PROJECT DESCRIPTION
Development Agreement Modification to amend the fourth addendum of the Paramount Development
Agreement(Inst. #2017-066043)to incorporate a new concept plan consisting of five(5)commercial
lots and associated site improvements pertinent to Paramount Point Subdivision,by Brighton
Development, Inc.
II. SUMMARY OF REPORT
A. Applicant:
Kody Daffer, Brighton Development—2929 W.Navigator Rd., ID 83642
B. Owner:
David T.,DWT Investments—2929 W.Navigator Rd.,ID 83642
C. Representative:
Kody Daffer,Brighton Development—2929 W.Navigator Rd.,ID 83642
III. STAFF ANALYSIS
The Applicant proposes to amend the fourth addendum of the Paramount Development Agreement
(#2017-066043)to incorporate a new concept plan as required.This DA provision was identified during
the review of the Paramount Point short plat application(H-2020-0082),which necessitated a condition
of approval requiring compliance with the addendum prior to City Engineer's signature on the short
plat.
The subject DA requires a modification to include a conceptual development plan prior to submittal of
a Certificate of Zoning Compliance application(if required) or issuance of any building permits. At a
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Item#10.
Exhibit A
minimum,the concept plan(s) should include access and circulation and a mix of land use types.Note:
Two (2) Certificates of Zoning Compliance (CZC) have already been approved (A-2019-0365 & A-
2020-0078)for an urgent care facility and a bank,respectively,providing at least two distinct land uses
on the subject site.
The applicant has submitted a new concept plan that matches the approved short plat and depicts four
(4) commercial building lots and two(2) common lots with a public road bisecting the subject site for
connectivity to the west through the Linder Village project. The new concept plan also depicts a right-
in/right-out connection to N.Fox Run Way in alignment with the driveway access on the opposite side
of Fox Run Way. In addition,the urgent care facility that was approved in 2019 is no longer under the
same ownership as the rest of the subject parcels but is part of the amended Development Agreement
and makes up the fifth lot on the concept plan in the northeast corner of this subject site. Staff believes
this new concept plan is consistent with the requirements of the addendum. Therefore, staff
recommends the development agreement modification with the recommended change in Exhibit A
below.
IV. DECISION
A. Staff:
Staff recommends approval of the modification to the DA (Inst. #2017-066043) as recommended
by Staff below and to include the concept plan attached as Exhibit C.
B. The Meridian City Council heard these items on November 24,2020. At the public hearing the
Council moved to approve the subject DA Modification request.
I. Summary of the City Council public hearing:
a. In favor: Kodv Daffer,Applicant Representative
b. In opposition:None
C. Commenting: Kodv Daffer
d. Written testimony: None
e. Staff presenting application: Joseph Dodson
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Pedestrian circulation plan for the internal site and off-site. across Fox Run Way and
future Plaza Shops Drive.
4. City Council change(s)to Commission recommendation.
a. None
V. EXHIBITS
A. Development Agreement Provision#6.8 from the fourth addendum(Inst. #2017-066043):
Existing:
"A modification of the development agreement is required to include a conceptual development
plan for the property located at the southwest corner of W. Chinden Blvd.prior to submittal of a
Certificate of Zoning Compliance application(if required) or issuance of any building permits.
The concept plan(s) shall include a site plan showing access and circulation and a mix of land use
types."
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Item#10.
Exhibit A
Staffs Recommended Change:
The seneept pla-a(s) shall ifielude a site plan shewing aeeess a-ad eir-eula4iea and a mix of land
Development of the site shall substantially comply with the concept plan as attached in
Exhibit C.
B. Approved Short Plat(H-2020-0082):
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Item#10.
Exhibit A
C. Concept Plan:
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