Z - Signed Updated Findings Fast Eddy's at Eagle MDA H-2021-0068 CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN
AND DECISION& ORDER
In the Matter of the Request for a Modification to the Existing Development Agreement(H-2018-
0006-Inst.#2018-042029)to Remove the Requirement for a Driveway to be Constructed and a
Cross-Access/Ingress-Egress Easement Provided to the Adjacent Property to the North(Parcel
#R4582530202, 13984 W.Jasmine Ln.),by Fast Eddy's.
Case No(s).H-2021-0068
For the City Council Hearing Dates of. November 23 and 30,2021 and January 18, 2022 (Findings
on February 1,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of January 18, 2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of January 18,2022, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 18,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of January 18,2022,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 FAST EDDY'S AT EAGLE-MDA H-2021-0068 - 1 -
Item#11.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 18,2022, 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 Development Agreement is hereby approved
as modified by City Council during the hearing on January 18, 2022.
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. 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 18,2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR FAST EDDY'S AT EAGLE—MDA H-2021-0068 -2- Page 113
By action of the City Council at its regular meeting held on the 1st day of February
2022.
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 2-1-2022
Attest:
Chris Johnson 2-1-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 2-1-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR FAST EDDY'S AT EAGLE-MDA H-2021-0068 -3-
EXHIBIT A
STAFF REPORTC�,WEIIDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 1/18/2022 Legend -, g
DATE: R.-
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Continuedfrom: 1112312021 ( j i Lfllo„ m
I
Decision issued on 11/30/21 but had to
be re-heard by Council due to public LTD
hearing notice error. RUT '
TO: Mayor&City Council m
1
FROAM: Sonya Allen,Associate Planner ffigR-8 R=
208-884-5533
SUBJECT: H-2021-0068 -H
RUT R- -C
Fast Eddy's at Eagle
AR-1 8 R ' R1 R_8
LOCATION: 3775 N. Eagle Rd.,in the SE 1/4 of 8 .1 R_. 5
Section 32,Township 4N.,Range 1E. RUT R1 R-8 RUT
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I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(H-2018-0006-Inst. #2018-042029)to remove
the requirement for the driveway along the west side of the retail store to be extended to the north
property boundary for future extension and interconnectivity in accord with UDC 11-3A-3A; and a
cross-access/ingress-egress easement to be provided to the property to the north(Parcel
#R4582530202, 13984 W.Jasmine Ln.).
II. SUMMARY OF REPORT
A. Applicant:
Steve Eddy,Fast Eddy's—2151 N. Greenview Ct.,Eagle, ID 83616
B. Owner:
Same as Applicant
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Notification published in
newspaper
11/7/2021
Notification mailed to property
owners within 300 feet 10/27/21 & 11/4/21
Page 1
Item#11.
EXHIBIT A
Applicant posted public hearing
notice on site 1/5/2022
Nextdoor posting 11/5/2021
IV. STAFF ANALYSIS
The UDC (11-3A-3A.2) requires cross-access easements to be granted to adjoining properties where
access to a local street is not available unless otherwise waived by City Council.The abutting property
to the north fronts on a state highway(N. Eagle Rd./SH-55)and does not have access via a local street.
Thus,the reason the driveway access and easement were required.Without this access,the undeveloped
parcel to the north would have no access other than the state highway until such time as the property to
the west (i.e. Delano Subdivision) develops, which granted a cross-access easement to them through
their multi-family development for access via the future extension of N. Centrepoint Way.
The driveway was required to be constructed and an access easement granted with development of this
site prior to issuance of the first Certificate of Occupancy(see provisions in Section V). The Applicant
did not wish to construct the driveway or provide an access easement at that time so the Planning
Division recommended the Applicant apply for an amendment to the DA to remove the requirements.
A temporary Certificate of Occupancy was issued in order for the Applicant to apply for an amendment,
which has since expired.
The Applicant proposes to meet with the property owner to the north at the time of development to see
if it makes sense to both of them to install an access at that time. Note:An assisted living facility was
approved to develop on the abutting property to the north through a Conditional Use Permit(CAR20-
00004 &PUD20-00008)for a Planned Residential Development in the City of Boise. This approval
will expire on March 9, 2022 if a building permit hasn't been obtained by that time; or unless a time
extension is approved. The site plan approved with the PUD depicts a driveway access to this site for
cross-access/ingress-egress.
Because this is a UDC requirement, Staff cannot waive the requirement and therefore, cannot support
the request. The UDC does allow for a Council waiver to this standard if deemed appropriate by City
Council.
V. DECISION
A. Staff:
Staff recommends denial of the modification to the DA as proposed;however,City Council has the
authority to waive the requirement in UDC 11-3A-3A.2 and approve the Applicant's request if they
deem appropriate.
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Page 116
Item#11.
EXHIBIT A
VI. EXISTING DEVELOPMENT AGREEMENT PROVISIONS PROPOSED TO BE
REMOVED:
5.1
d. The driveway along the west side of the retail store shall extend to the north property
boundary for future extension and interconnectivity in accord with UDC 11-3A-3A.
e. A cross-access/ingress-egress easement shall be provided to the property to the north
(Parcel#R4582530202, 13984 W. Jasmine Ln.)with development of this site in accord
with UDC 11-3A-3A.2.A recorded copy of said easement shall be submitted to the City
prior to issuance of the first Certificate of Occupancy on the site.
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