Z - Signed Findings Item#7.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N,-,
AND DECISION& ORDER
In the Matter of the Request for Modification to the existing Development Agreement(Inst.#2016-
097989)for the purpose of replacing the previous agreement with a new one to incorporate a new
concept plan consisting of commercial and residential uses.,by Brighton Development,Inc.
Case No(s). H-2021-0072
For the City Council Hearing Date of: December 7,2021 (Findings on December 21, 2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of December 7,2021, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 7,2021, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 7,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of December 7,2021, 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(Settlers Square MDA—FILE#H-2021-0072) - I - Page 157
Item#7.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 7, 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 December 7,2021, 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 11-613-7A).
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 11-613-713).
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 11-
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(Settlers Square MDA—FILE#H-2021-0072) -2-
Page 158
Item#7.
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 December 7, 2021.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Settlers Square MDA—FILE#H-2021-0072) -3 - Page 159
By action of the City Council at its regular meeting held on the 21 st day of December
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 Simison 12-21-2021
Attest:
Chris Johnson 12-21-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 12-21-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Settlers Square MDA—FILE#H-2021-0072) -4-
item#�. EXHIBIT A
C� E IDIAN
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING ' 'in�T 12/7/2021 ����t 0
DATE: Legend ®�
�iProject Location
TO: Mayor&City Council R
z,�1_„� ., � �,A
-8- _ 4.
FROAM: Joseph Dodson,Associate Planner R-15
RUT. R-8
208-884-5533 RUT
SUBJECT: H-2021-0072 ; - C-N L-4
R-1 �C-C RUT
Settlers Square MDA RUT
TN-R
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LOCATION: The site is located on the northwest RUT R R 1f5
corner of W. Ustick Road and N. ® - IN
R'7® _
Venable Avenue, adjacent to the mid- ® RUI RUT R- L
mile mark between Linder Road and �®
Meridian Road in the SE 1/4 of the SW 1/4
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of Section 36,Township 4N.,Range 1W. �� RUT
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I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(Inst. #2016-097989) for the purpose of
replacing the previous agreement with a new one to incorporate a new concept plan consisting of
commercial and residential uses.
NOTE: The Applicant has submitted revised concept plans and narrative leading to Staff changing its
recommendation for denial to approval based on the changes to the proposed concept plan.Analysis
has been updated in a strike-through and underline format below.
II. SUMMARY OF REPORT
A. Applicant:
Joshua Beach,Brighton Development,Inc.—2929 W.Navigator Drive, Suite 400,Meridian, ID
83642
B. Owner:
Brighton Development, Inc.— 11650 S. State Street,Draper,UT 84020
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
The existing Development Agreement (DA) for the subject property requires the entire site to be
developed with commercial and office uses and incorporates two private roads through the
development; one north-south road and one east-west. In 2016, Council approved a DA Modification
for this site to change the internal roads from public roads to private streets. There are existing DA
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item#�. EXHIBIT A
provisions regarding the desired placement of buildings along Ustick and the desired integration of
pedestrian facilities throughout the site for safe pedestrian circulation that Staff finds imperative to keep
within the DA to assist in compliance with mixed-use policies and the desired site design.
The Applicant proposes to replace the existing DA with a new one for the purpose of incorporating a
new conceptual development plan. A multi-family development is proposed to develop on the north
half of the site consisting of approximately 60 apartment units,according to the submitted concept plan.
Per the submitted plan and conceptual elevations,the apartment units are proposed as townhome style
units in the form of two-story 3-plexes and 4-plexes with ea-eh most units having a front-loaded garage
and parking pad;the revised concept plan shows the central units as alley-loaded with some of the units
now fronting on the east-west street between the proposed residential area and the commercial area
shown to remain. In addition, the submitted eeneeptual development plan depiets the east west st
shown on the existing coneept plan as remaining but appears to be a publie road this east west road
eonneets to Venable on the east boundary as the .oint for the site and also provides future
eoi+neetivitt,to the west should the adjaeeat property r-edevelop in the AA-Hf-e-. In addition,this east-west
street is also shown as remaining from the conceptual plan in the existing DA but is now shown as a
drive aisle instead of a public street.Staff supports this change to o the plan because it offers the Applicant
the opportunity to provide bulb-outs for dedicated on-street parking and street trees to provide an urban
canopy proposed on the revised concept plan. The revised concept plan also shows additional
pedestrian facilities within the residential portion of the site, detached sidewalks along the east-west
drive aisle, and a shared plaza. The additional pedestrian facilities and the overall revisions to the site
plan add more pedestrian connectivity between the proposed commercial and residential uses and offers
safer circulation for pedestrians moving throughout the site. Staff can better support the revised
concept plan with the revisions shown.
Furthermore,-In addition, the public street stubbed to the north property boundary is shown as
terminating within the site as part of the multi-family drive aisles instead of continuing through the site
and connecting to Ustick Road. _-hie' eeneems Staff (4*t e analysis is bete T` Therefore, no
connection to Ustick is proposed either via public street or commercial drive aisle with the new
conceptual development plan. FtH:theFmer-e, a In addition, this Applicant has agreed to provide cross-
access to the remainingc ounty zoned parcel at the very southwest corner property boundary of this site
for future pedestrian and vehicular connectivity.This connection to Ustick would align with an existing
access on the south side of Ustick and provide both projects an access point to Ustick—Staff finds it
important to have this cross-access connection because of the opportunity to provide easier access to
the future commercial uses on this subject site and help disperse traffic from both projects onto Ustick
by having a second connection to Ustick beyond that of only Venable. As noted above, Staff can
better support this revised concept plan and has proposed recommended DA provisions in line
with the revised concept plan and need for cross-access to the west.
A rezone application has not been submitted so the proposed multi-family use in the existing C-C
zoning district will require conditional use permit (CUP) approval. Staff would analyze specific
development criteria and specific use standards at the time of the CUP submittal.
Off-street parking would be required per the standards listed in UDC Table 11-3C-6 for multi-family
developments. Qualified open space would also be required, per the standards listed in UDC 11-4-3-
27C. Compliance with the specific use standards listed in UDC 11-4-3-27 for multi-family
developments is required and would be reviewed with the CUP application. Adjustments may be
necessary to the concept plan to comply with these standards and any ACHD required revisions.
The subject site is part of a Mixed-Use Community(MU-C)future land use area—this designation calls
for a mix of residential and commercial land uses that are thoughtfully integrated. One of the reasons
the Applicant has stated for requesting this DA Modification is the subject site has sat vacant in its
current configuration and entitlements for over a decade. The Applicant's revised narrative sheds
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item#�. EXHIBIT A
additional light on the history of this parcel, the intention of the future land use designation, and the
Applicant's justification to modify the concept plan to include multi-family residential and reduce the
commercial area at this mid-mile location.Within this MU-C area,detached single-family,apartments,
office/retail,and Civic uses are existing and planned(future land use designations are not parcel specific
so an area of the baseball fields in Settlers Park are within this MU-C area). There is existing multi-
family directly south of the subject site on the south side of Ustick; additional multi-family is approved
at the southeast corner of the Venable and Ustick intersection. Directly to the east is a relatively small
office park with five(5)buildings and is the only commercial component in this MU-C area. Because
of the multi-family development on the south side of Ustick,this may be the only area that could
develop with neighborhood serving commercial uses. During the review of the Summertown
project (SEC of Venable and Ustick), staff did forego recommending a commercial component
as part of that project because this property was already zoned for commercial and Staff was in
favor of preserving this property for future commercial uses.
Although the proposed development would be a new type of residential in this area (townhome
style instead of tFaditional gaFdeH Style Walk Up ftpfftments), the submitted eoneept plan laelis
many of the design eoneepts shown and outlined in the eomprehensive plan for-mixed use areas.
1H geReFfil,the futu . d area is being redueed while increasing the residential area a
its impaet in this aFea Of the City with little to no neighbOFhOod SeFving eommeFeial uses. At a-
minimum, the following mixed use polieies are not met with the proposed plan whereas the
existing one does eomply: With the Applicant's revised narrative and concept plans, Staff finds
the following mixed-use policies are better satisfied with the subject project and surrounding
area:
• Mixed use areas should be centered around spaces that are well-designed public and quasi-
public centers of activity. Spaces should be activated and incorporate permanent design
elements and amenities that foster a wide variety of interests ranging from leisure to play.These
areas should be thoughtfully integrated into the development and further placemaking
opportunities considered. Staff does notfind Me j9poposed eofteeps 191an meets this poUey-ffs
thaughyWl integration of the mix-of it in the pfVosed eoneept
.,Z.en eontp- ared to she,. ,ems,,.. a ..7.. ,.s„an
• Supportive and proportional public and/or quasi-public spaces and places including but not
limited to parks,plazas, outdoor gathering areas,open space, libraries, and schools that
comprise a minimum of 5%of the development area are required. Outdoor seating areas at
restaurants do not count towards this requirement.Based on the submitted eoneeptplan,
them am not eneWh detai&to show eomp&nee i4M this plan. The pmposed muhi family
resk4endal area affear-s to be isolated and no shared aiwas are shmm, as noted in this
,poUe:p.
• All mixed use projects should be accessible to adjacent neighborhoods by both vehicles and
pedestrians. Pedestrian circulation should be convenient and interconnect different land use
types. Vehicle connectivity should not rely on arterial streets for neighborhood access.
development to get to the eommemial whiek eouk4feree them to Wgize Venablefor ease of
aeees-s-,fur4her-redmeing aeeessibih&for this mixed use area-. FuPM&wtotw, them are
saiwY.
Page 3
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item#�. EXHIBIT A
A mixed use project should include at least three types of land uses. Exceptions may be
granted for smaller sites on a case-by-case basis. This land use is not intended for high
density residential development alone.As noted-, of eaeh mixed use projeet is intendedf-o
ppovide at least thpee"es of land tfses-. However-, with the ex4sting and apppoved
deveMpment in this AIU G or-ea, a vast majopity of the apea wim be medium and high
Over-all, Staff is eoneeFned thel)FOPosed plan is more Fesidentially foeused, WOES integFatiOn
with the commercial area,and does not comply with the mixed use policies in the comprehensive
plan.For the reasons and concef!ns noted,Staff is not supportive of the proposed DA modification-
and has r-eeommended denial of theFequest.
Overall, with the Applicant's revised concept plan, color rendering, and additional context
provided within the revised narrative, Staff finds the project now complies with a majority of the
mixed-use policies, provides new housing types within this area for residents of different income
levels and housing preferences,and provides adequate cross-access between parcels to relieve the
stress on the arterial street system.
IV. DECISION
A. Staff:
Staff r-eeofmnends denial of the modifieation to the DA as proposed by the Applicant and finds the
existing eoneept plan and DA provisions are better- suited to addfess development of the sttNeet
pfepei4y.
Staff recommends approval of the modification to the DA pursuant to the recommended provisions
in Section VI of this report.
B. The Meridian City Council heard these items on December 7, 2021. At the public hearing the
Council moved to approve the subject Development Agreement Modification request.
1. Summary of the City Council public hearing:
a. In favor: Jon Wardle,Applicant.
b. In opposition:None
c. Commenting: Jon Wardle.
d. Written testimony: One piece—discussing parcel not part of project: general objection to
apartments in this area of the Cjty.
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. Reduction of commercial area for the purpose of multi-family residential in the context
of this site as well as the overall MU-C designation this site is a part of:
b. History of MU-C area and its intended purpose at this location;
C. How Staff analyzed the project in terms of the Comprehensive Plan and its proposed use
of multi-family with some commercial along Ustjck:
d. Viability of commercial after inclusion of St. Luke's clinic,
e. Future connect vity between uses and parcels on the property.
4. City Council change(s)to Staff recommendation:
Page 4
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item#�. EXHIBIT A
a. Addition of one new DA provision consistent with Applicant's request to be allowed up
to two(2)building permits prior to any property subdivision.
V. EXHIBITS
A. Approved Conceptual Development Plans(dated: October 2016)
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item#�. EXHIBIT A
B. Proposed Conceptual Development Plan(dated:November 2021)
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Page 6
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item#�. EXHIBIT A
C. Conceptual Development Wan Rendering and Elevations (dated: 9"^�z November 2021)
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Page 7
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EXH I BIT A
September 20, 2021
Page 3
EXHIBIT A
Conceptual Architectural Elevations
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Page 8
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EXH I BIT A
D. Legal Description for Property Subject to Development Agreement
Legal Description:
Parcel I:
The South 660 feet of the East one-half of the East one-half of the Southwest quarter of Section 36,Township 4 North,Range 1 West,
Boise Meridian,Ada County,Idaho.
Except the East 29 feet.
Further Except:
A parcel of land located in the East half of the East half of the Southwest quarter of Section 36,Township 4 North,Range 1 West,Boise
Meridian,Ada County,Idaho,more particularly described as follows:
Beginning at an iron pin marking the Southwest comer of Section 36,Township 4 North,Range 1 West,Boise Meridian;thence,along the
South section line of said Section 36,also being the center line of Ustick Road
South 88°44'00"East2662,19 feet to an iron pin marking the South quarter corner of said Section 36;thence,leaving said South section
line,and along the North-South center quarter section line of said Section 36
North 0°26'40"East 25.00 feet to a point on the North right-of-way line of said Ustick Road,also being the Real Point of Beginning;thence,
leaving said North right-of-way line,and continuing along said North-South center quarter section line
North 0°26'40"East 639.49 feet to a point;thence,leaving said North-South center quarter section line
North 88°50'42"West 84.71 feet to an iron pin;thence
South 1°31'09"West 639.26 feet to an iron pin on the said North right-of-way line;thence along said North right-of-way line
South 88'44'00"East 96.71 feet to the Real Point of Beginning.
Further Excepting:
A parcel of land disclosed in Warranty Deed to Ada County Highway District recorded April 9,2010 as Instrument No.110032208,records
of Ada County,Idaho.
Parcel II:
A parcel of land located in the East half of the East half of the Southwest quarter of Section 36,Township 4 North,Range 1 West,Boise
Meridian,Ada County,Idaho,more particularly described as follows:
Beginning at an iron pin marking the Southwest corner of Section 36,Township 4 North,Range 1 West,Boise Meridian;thence along the
South section fine of said Section 36,also being the center line of Ustick Road
South 88°44'00"East,2662.19 feet to an iron pin marking the South quarter corner of said Section 36;thence leaving said South section
line,and along the North-South center quarter
section line of said Section 36
North 0°26'40"East,25.00 feet to a point on the North right-of-way line of said Ustick Road,also being the Real Point of Beginning;thence
leaving said North right-of-way line,and continuing along said North-South center quarter section line
North 0°26'40"East,639.49 feet to a point;thence leaving said North-South center quarter section line
North 88°50'42"West,84.71 feet to an iron pin;thence
South 1°31'09"West,639.26 feet to an iron pin on the said North right-of-way line;thence along said North right-of-way line
South 88°44'00"East,96.71 feet to the Real Point of Beginning.
Except:
A parcel of land disclosed in Warranty Deed to Ada County Highway District recorded April 9,2010 as Instrument No.110032208,records
of Ada County,Idaho,
Page 9
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►tem#�. EXHIBIT A
VI. PLANING DIVISION COMMENTS
A. Development Agreement Provisions
I. Development of the subject property shall no longer be subject to the terms of the existing
Development Agreement(H-2016-0074,Inst. #2016-097989).
2. Future development of the subject site shall be substantially consistent with the conceptual
development plan, conceptual rendering conceptual elevations, and provisions contained
herein.
3. Direct lot access to W.Ustick Road is prohibited, as shown on the submitted conceptual
development plans.
4. A cross-access easement shall be granted to the property abutting the southwest property
boundary(Parcel# S0436346613,). A copy of the recorded easement shall be submitted to the
Planning Division prior to issuance of Certificate of Occupancy for the western commercial
pad site OR when parcel SO436346613 develops,whichever occurs first.
5. An additional north-south pedestrian connection to the proposed east-west drive aisle shall be
added in the west half of the residential site with the future conditional use permit application
for added pedestrian connectivity_
6. Future development shall comply with the design standards listed in the Architectural
Standards Manual; future commercial structures shall incorporate similar architectural themes
and elements as the residential portion of the project for consistency.
7. A conditional use permit is required to be submitted and approved by the Planning and
Zoning Commission for the proposed multi-family development in the C-C zoning district as
set forth in UDC Table I I-2B-2. The proposed use is subject to the specific use standards
listed in UDC 11-4-3-27 Multi-Family Development.
8. A maximum of 57 multi-family units and a minimum of two commercial buildings shall be
constructed on the subject site per the submitted concept plans.
9. A Certificate of Zoning Compliance and administrative Design Review applications shall be
reviewed and approved by the Planning Division prior to submittal of any building permit
application(sl
10. The Applicant shall be allowed to obtain no more than two(2)buildings permits for the
commercial portion of the site prior to any subdivision of the property
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