Z - Signed Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EPI N,,
AND DECISION& ORDER
In the Matter of the Request for Modification to the Existing Development Agreement(Inst.#2019-
124424)to Update the Conceptual Development Plan to Include a Daycare Facility instead of a
Retail Use and Removal of the 3-Story Office Building in Favor of a Smaller Retail/Office Building,
by Gold Stream.
Case No(s).H-2021-0095
For the City Council Hearing Date of: February 22,2022 (Findings on March 8,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 22, 2022, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of February 22,2022, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 22,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 22,2022,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 INGLEWOOD COMMERCIAL MDA H-2021-0095 - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 22,2022, 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 existing Development Agreement(Inst.
#20190124424)is hereby approved per the conditions of approval in the Staff Report for the
hearing date of February 22, 2022, 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. 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 February 22,2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR INGLEWOOD COMMERCIAL MDA H-2021-0095 -2-
By action of the City Council at its regular meeting held on the 8th day of March
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 3-8-2022
Attest:
Chris Johnson 3-8-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 3-8-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR INGLEWOOD COMMERCIAL MDA H-2021-0095 -3-
EXHIBIT A
STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H O
HEARING 2/22/22
41116VER
DATE: a-a , r` aK
S16 -
TO: Mayor&City Council E LCM CFM i-
E M►{I44Y?R — IRR1 EAAC+Lkv beI
FROAM: Sonya Allen,Associate Planner } �4 I
.
208-884-5533 h DIP, r 6 f 406h o WM � iP4lpJil+4#-
SUBJECT: H-2021-0095 I
ER- 1-.
Inglewood Commercial ] L. L„
.. E-w�rraRr-�ao=
r
LOCATION: 3330 E. Victory Rd., in the SW 1/4 of ,,,UP. Y cr iflll I.N.T
Section 21,T.3N., R.1E. ."
f ;rr•oa W
Et
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(Inst. #2019-124424)to update the conceptual
development plan to include a daycare facility instead of a retail use and removal of the 3-story office
building in favor of a smaller retail/office building.
II. SUMMARY OF REPORT
A. Applicant:
Clint Tolman, Gold Stream— 197 W.4860 S.,Murray,UT 84107
B. Owner:
James Petersen— 197 W.4860 S.,Murray,UT 84107
C. Representative:
Emily Muller, Gold Stream— 197 W. 4860 S.,Murray,UT 84107
III. NOTICING
City Council
Posting Date
Notification published in
newspaper 2/6/2022
Notification mailed to property
owners within 300 feet 2/3/2022
Page 1
EXHIBIT A
Applicant posted public hearing
notice on site 2/11/2022
Nextdoor posting 2/3/2022
IV. STAFF ANALYSIS
The Applicant proposes to modify the existing Development Agreement(DA) (H-2019-0099, Inst.
#2019-124424) in effect for this property to update the conceptual development plan approved for the
overall development.
The existing conceptual development plan depicts a mix of uses including a 3-story
nursing/residential care facility with independent living, assisted living and memory care in the center
of the development with single-family attached homes for independent living to the east; a 12,300
square foot(s.£) 3-story office is depicted on the west side of the senior living facility; and
retail/commercial uses are depicted on the 3 pads along S. Eagle Rd. (see plan in Section VI.A).
No changes to the retirement community or the two retail/commercial building pads at the southwest
corner of the site are proposed, except to enlarge the northern building pad and include office as a
possible use. The pad at the southwest corner of the site is planned to develop with a drive-through
restaurant(i.e. coffee shop)with indoor and outdoor seating. The 3-story office building is proposed
to be removed as there is not adequate space for the building and there is a sewer easement in the
middle of the roadway and through where the building is depicted; and a daycare is proposed in place
of the northern retail pad(see plan in Section VI.B). The Applicant's narrative states that walkways
are planned from the daycare to the senior living as part of the plan is for children to visit the seniors.
The proposed development plan,which includes a mix of residential and commercial
(retail/office/restaurant/daycare)uses, demonstrates compliance with the Mixed Use—Community
(MU-C)Future Land Use Map(FLUM)designation in the Comprehensive Plan for this site. The
proposed uses will provide employment opportunities and services for those living nearby.
The existing DA provisions will ensure supportive and proportional public and/or quasi-public
spaces, including but not limited to parks,plazas, outdoor gathering areas, open space,etc. is
provided within the mixed use/commercial portion of the development.
V. DECISION
A. Staff:
Staff recommends approval of the modification to the DA as proposed.
B. The Meridian City Council heard this item on February 22,2022.At the public hearing,the
Council moved to approve the subject MDA request.
I. Summary of the City Council public hearing:
a. In favor: Jim Petersen. Gold Stream
b. In opposition:None
C. Commenting: None
d. Written testimony: Clint Tolman,Gold Stream(in agreement with staff reportl
e. Staff presenting application: Joe Dodson
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. Existing site conditions and development plans for the overall site.
3. Key issue(s)of discussion by City Council:
Page 2
Page 152
EXHIBIT A
a. Pedestrian connectivity within the site and with"¢ residential development to east
(there are no pathway stubs to this sitel:
b. Vehicular access for the proposed daycare facility.
4. City Council change(s)to Commission recommendation:
a. None
VI. EXHIBITS
A. Existing Conceptual Development Plan&Perspective Elevations
cuwlcom^wxo^ Sign at the end
of Titanium
ai naC�uY ww ne In t.ne[ao+a+r.. �$
w o
6 A A B
Moved units
5'a dditional
feet away from
easement
Orire aisles Re
I Ff h
expanded to ZY nma
A B
Pad
+x d Replacefence
ing, Zane:R-13 Eline:R-13 {along eastern
Senior Living uItl-Famlly border
Retail Facility
Pad
Pad
a aoo so rr
B A A B
rL
Tiatanium
updated to
33'width with
O rolling curb
y �
Mom crosswalks �� W
indicated d
eA B
� .a.� Victory Rd
sidmalks no
longer meander
UPDATED SITE PEAK
INGLEWOOD PLACE SUBDIVISION
Meritll Itlnho
Nov r.]e]9
Ar[rli:[:ure canes�e awezurnnouuornr_eiuucdaesunv vnnr e[cnn Heave aaee¢urnnou
Page 3
Page 153
� ' 'lam it �� ��■1 �Ti
•.�; — - ,— _ JAI Ils�i�; �
-- r
lom
• • r � C r •
Think
MOM IF
y
Item#8.
EXHIBIT A
B. Proposed Conceptual Development Plan
PUBLIC
CONNECTION
II B A A B
I w
rurumun DAYCARE
I �
I U
I Z
II Y
Q �
L a
O it A B
w=?
ZONES R 13 '
w SENIOR LIVING 8 FACILITY S I UO
w
O w
� z
IRESTAURANT)"
Q
a U B A A B
Y Z
� � 4
w a
a F
w
0
M06—
B A A B
L, LMnt INGLEWOOD PACE SUBDIVISION c'
■ARCHITEC1 RE
Page 5
Page 155