Z - Signed Findings Item#13.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�'
AND DECISION& ORDER A
In the Matter of the Request for Development Agreement Modification to amend the Sugarman
Subdivision Development Agreement(Inst.#2014-088000)to replace the existing concept plan with
the submitted development plan,by Mark Bigelow,MRS Landholdings.
Case No(s). H-2021-0016
For the City Council Hearing Date of: April 27, 2021 (Findings on May 11,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of April 27,2021,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of April 27,2021, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of April 27,2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of April 27,2021, 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(1450 W.Ustick MDA—FILE#H-2021-0016) - I - Page 218
Item#13.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 27,2021, 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 April 27,2021, 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(1450 W.Ustick MDA—FILE#H-2021-0016) -2-
Page 219
Item#13.
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 11-513-6F).
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. 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 April 27,2021.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(1450 W.Ustick MDA—FILE#H-2021-0016) -3- Page 220
Item#13.
By action of the City Council at its regular meeting held on the 1 lth day of May
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 5-11-2021
Attest:
Chris Johnson 5-11-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 5-11-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(1450 W.Ustick MDA—FILE#H-2021-0016) -4- Page 221
Item#13.
Exhibit A
STAFF REPORT C: E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 4/27/2021 Legend 4
DATE: p 0
Project Location CCL�
TO: Mayor&City Council i_i City Limits
— Planned Parcels R-4 R-$
FROAM: Joseph Dodson,Associate Planner h; � ��
208-884-5533 Li LP
RUT
SUBJECT: H-2021-0016 R-1-5
1450 W. Ustick MDA
R1 RAT RUT C-C
LOCATION: The site is located at 1450 W. Ustick R � RUT °o °
Road,the northeast corner ofN. RI TN-R
Linder Road and W. Ustick Road, in °
_ R-8
the SW 1/4 of the SW 1/4 of Section 36, o - ®
Township 4N., Range 1W. R RUT—
I. PROJECT DESCRIPTION
Development Agreement Modification to amend the Sugarman Subdivision Development Agreement
(Inst. #2014-088000)to replace the existing concept plan with the submitted development plan,by
Mark Bigelow,MRS Landholdings.
II. SUMMARY OF REPORT
A. Applicant:
Same as Owner
B. Owner:
Mark Bigelow,MRS Landholdings— 1716 N. Stagno Bello Place,Eagle,ID 83616
C. Representative:
Same as Owner
III. STAFF ANALYSIS
The Applicant proposes to amend the Sugarman Subdivision Development Agreement (Inst. #2014-
088000) to replace the existing concept plan and amend or add new provisions consistent with a new
development plan. See Section V for Staff s recommended changes to the existing DA provisions.
History: The subject site was annexed in 2014 under AZ-14-007 and was approved for a short plat at
the same time consisting of four(4)building lots(SHP-14-00 1).The property is still shown as a singular
lot so the plat was never recorded and is no longer valid. However, the DA and annexation ordinance
were approved which means the property could develop with C-C uses consistent with the approved
concept plan.
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Item#13.
Exhibit A
Concept Plan: The concept plan in the existing DA depicts 3 buildings; a gas station, a multi-tenant
building,and a bank with a drive-through. The existing DA restricted the location of the drive-through
through the hearing process. In addition, the existing concept plan shows a connection to the north
directly in line with the Ustick Road access and shows a restricted access point to Linder Road. See
Exhibit B for the existing concept plan.
The new concept plan depicts eight (8), single-story, multi-tenant office buildings that could contain
those uses allowed in the C-C zoning district.However,the Applicant has indicated that they only allow
office uses within their developments. The site plan maintains the arterial access points shown in the
approved concept plan but proposes a new connection point to the north due to recent approvals that
were not known at the time of annexation in 2014. The proposed office complex also shows green
spaces between all of the buildings creating a commercial mew and breaks up the building pads.
Because of the proposed site plan, general location of the site, and limited accesses into the site, the
probable uses will be personal and professional services, daycare group, flex space, information
industry, retail uses, and healthcare/social services so Staff does not find it necessary to specifically
limit the uses through the DA. See Exhibit C below for the proposed development plan. More specific
review of the site plan will be done with a future CZC application.
Access: Despite the existing access points being approved with the original approvals and concept plan
in 2014, the adjacent property to the north has received plat approval and includes a public road stub
on the subject site's northern boundary that was not part of the original approvals. The submitted
concept plan shows the public road terminating on site via the commercial drive aisles requiring a
public access easement on this property.This is not consistent with ACHD policy and requires the road
to terminate in a cul-de-sac unless the applicant requests a waiver to this policy which may require
ACHD Commission action. Per ACHD staff, this waiver cannot be requested until a future CZC
application is submitted for review and approval. ACHD does not provide action or conditions of
approval on development agreement applications. If the applicant does not obtain the waiver, it does
affect the design of the proposed concept plan and would require a redesign to accommodate a cul-de-
sac. A recommended DA provision requires compliance with ACHD policy. This would allow the
applicant to move forward with executing the amended DA and submitting a CZC application for
ACHD to review and provide the necessary determination on the extension of the approved stub street
and access to Ustick Road.
Furthermore,the access to Linder shown on the submitted site plan does not meet ACHD offset policy
nor UDC 11-3A-3. This access point should be closed with the future CZC application submittal. The
need for this access is further mitigated with an access through Edington Commons to the north that
leads to a safer access to Linder Road. The closure of the Linder access on this site also furthers the
integration of this site with the residential to the north which helps the project meet the integration
desired on mixed-use properties like this.
Waiver Request: In addition to the request for the DA Modification, the Applicant is requesting a
Council Waiver to reduce the required landscape buffers along the northern and eastern property lines
from 25 feet to 15 feet. feet. The properties to the north and east of the site are approved for residential
developments which require a 25-foot buffer for the C-C zoning district, according to the UDC. The
Applicant is requesting to reduce the landscape buffers adjacent to the residential developments because
in addition to the buffers themselves,the site plan shows a drive aisle and parking spaces between the
rear-yard fences of future homes and the commercial buildings.Overall,the buildings should be at least
45 feet from the eastern property line and 60 feet from the northern property line. Within the proposed
landscape buffers to the residential developments the Applicant is proposing a micro-path throughout
both buffers that connect to the sidewalks along Linder and Ustick.These paths will also connect to the
sidewalks that will lead into Edington Commons to the north and a future pedestrian connection from
the east(Tetherow Crossing). Furthermore,the Applicant is proposing single-story buildings and with
the proposed pedestrian elements maintain the integration desired within a mixed-use designation. Staff
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Item#13.
Exhibit A
recommends the landscaping in these buffers be denser to help ensure adequate buffering—at a
minimum, the planted trees should touch at maturity. Therefore, Staff finds the reduced landscape
buffers along the northern and eastern boundaries offer an equal buffer to the code required 25-foot
width when combined with the overall site design.
The additional area of buffer that is shown as less than the required width is that area adjacent to the
arterial intersection of Linder and Ustick. The only reason for this buffer being less than the 25 feet
required is to make the site design work efficiently. Street buffer reductions require Alternative
Compliance (a director determination) to be approved and should be applied for with the first CZC
application. On a property located near a hard corner such as this it is more appropriate to place the
buildings closer to the corner itself.In addition,requiring the 25-foot buffer in this area would not gain
the City any measurable benefits. For these reasons, Staff supports the Applicant's request and does
not see the change in buffer width as becoming detrimental to the adjacent developments or to the
general welfare.
IV. DECISION
A. Staff:
Staff recommends approval of the modification to the DA (Inst. #2014-088000) as recommended
by Staff s analysis above and with the specific changes below.
B. The Meridian City Council heard these items on April 27,2021. At the public hearing.the
Council moved to approve the subject Development Agreement Modification request and the
Council Waiver request for a reduced landscape buffer along the north and east boundaries of the
site.
1. Summary of the City Council public hearin_g_:
a. In favor: Mark Bigelow.Applicant
b. In opposition:None
C. Commenting: Mark Bigelow
d. Written testimony:None
e. Staff presenting application: Joseph Dodson,Associate Planner
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. Reason why Staff did not restrict any uses on the site through the DA Mod:
b. Demand for office space following the pandemic:
c. Pedestrian access to and from development but also within the project, specifically any
pedestrian access between the buildings(Applicant confirmed only green space between
the buildings and no paved pedestrian accessesl:
d. Termination of the public road from Edington Commons and how that could function if
e. ACHD does not approve the future waiver request:
4. City_ Council change(s)to the Staff Report:
a. None
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Item#13.
Exhibit A
V. EXHIBITS
A. Development Agreement provisions from the existing DA(Inst. #2014-088000):
Existing Provisions:
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
5.1.1 Direct lot access to W.Ustick Road and N.Linder Road is prohibited except
for the access points approved with the plat in accord with UDC 11-3A-3.
Access to N.Linder Road shall be restricted to right-in/right-out and access to
W. Ustick Road shall be determined by ACHD.
5.1.2. Future development of this site shall be generally consistent with the
conceptual development plan shown on the landscape plan in Exhibit A.2,
except for the drive-thru shall be relocated(ifproposed)internally and not be
located along the east or north boundaries ofthe site adjacent to existing and
future residential properties.
5.1.3. A drive-thin establishment shall not be located along the north or east
boundaries of the site adjacent to existing and future residential uses.
Staff s Recommended Changes:
5.1.1: "N. Linder Road access is prohibited in accord with UDC 11-3A-3. Access to W.Ustick
Road shall be restricted to right-in/right-out only.
5.1.2: "Future development of this site shall be generally consistent the conceptual development
plan and building elevations shown on the l ndseape plan in Exhibit V.C_, exeept for-the drive
thpa shall be r-eloea4ed(if proposed) intemally and not be leea4ed along the east or-aet-4-h
betindafies of the site adjaeent to existing and fittofe residential pr-epel4ies."
5.1.3: "A dr-ive t1wu establishm&4 shall fiet be leeated along the aet4h or-east boundaries of the
site .,djaeent t existing and ftt�ur-e residential uses."
Add Provision: "The owner/developer shall submit an alternative compliance application
concurrent with the first certificate of zoning compliance application to allow the applicant to
construct a 20-foot wide street buffer along Linder and Ustick Roads in accord with UDC 11-3B-
7C. Per the approved Council Waiver at the public hearing,A 15-foot wide landscape buffer shall
be constructed along the north and east boundary. This buffer shall include a 5-foot pathway that
connects to the Tetherow Crossing to the east,the 5-foot sidewalk in Edington Commons and the
5-foot attached sidewalk on Linder Road and Ustick Road.AND landscaped with trees that touch
at maturity in accord with UDC 11-3B-9C."
Add provision: "Applicant shall extend the public road from Edington Commons(Parcel
#S0436336054)into the subject site per ACHD policy."
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Item#13.
Exhibit A
B. Existing DA Concept Plan:
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Item#13.
Exhibit A
C. Proposed Development Plan:
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