Copper Canary MDA H-2022-0009 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN
AND DECISION& ORDER A
In the Matter of the Request for Modification to the Existing Development Agreement(Inst.
#104129529)to Remove the Subject Property from the Agreement and Prepare a New Development
Agreement with an Updated Conceptual Development Plan; and Removal of the Requirement for
Conditional Use Approval of any Future Uses on the Site; Requirement for Access to be Taken
from the North via the Future Backage Road with Emergency Only Access from the South,by ALC
Architecture.
Case No(s). H-2022-0009
For the City Council Hearing Dates of: March 22 and April 12,2022 (Findings on April 26,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of April 12,2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of April 12,2022,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 12,2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of April 12,2022,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 COPPER CANARY MDA H-2022-0009 - I -
7. That this approval is subject to the provisions in the attached Staff Report for the hearing date of
April 12,2022, 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 is hereby
approved with changes made by the Commission as noted in the Staff Report for the hearing
date of April 12, 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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of April 12, 2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR COPPER CANARY MDA H-2022-0009 -2-
By action of the City Council at its regular meeting held on the 26th day of April
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 4-26-2022
Attest:
Chris Johnson4-26-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 4-26-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR COPPER CANARY MDA H-2022-0009 -3-
Item#12.
EXHIBIT A
STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0
HEARING April 12,2022 Legend
DATE: Continued from:March 22, 2022
Project Location 0
TO: Mayor&City Council
-R-BL E
MODEL
FROAM: Sonya Allen,Associate Planner ; -C'' LN
RUT
208-884-5533 R-2 J
SUBJECT: H-2022-0009 ?--_
LR1 —-E ILE EDR w
Copper Canary 1 R1 LU
-R-2 a
LOCATION: 2590 N. Eagle Rd. in the NW 1/4 of -�
Section 4,T.3N.,R.IE. R12 R-4 -� C-C R-40 a R-4
W
-RUT RUT-I E RIVER VALLEY ST
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I. PROJECT DESCRIPTION
Modification to the existing development agreement(Inst. #104129529)to remove the subject
property from the agreement and prepare a new development agreement with an updated conceptual
development plan;removal of the requirement for conditional use approval of any future uses on the
site;requirement for access to be taken from the north via the future backage road with emergency
only access from the south.
II. SUMMARY OF REPORT
A. Applicant:
Jeff Likes,ALC Architecture- 1119 E. State St., Ste. 120,Eagle,ID 83616
B. Owner:
East River Valley Street, LLC 2832 State St., Carlsbad, CA 92008
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Notification published in
newspaper 3/6/2022
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EXHIBIT A
Notification mailed to property
owners within 300 feet 3/7/2022
Applicant posted public hearing
notice on site 3/30/2022
Nextdoor posting 3/8/2022
IV. STAFF ANALYSIS
The existing Development Agreement(DA))(Inst. #104129529—Red Feather AZ-03-021)
originally encompassed a larger 114.52-acre area that includes Redfeather Estates,a residential
development to the east and adjacent commercial properties. The DA requires any future uses of the
property to only be approved through the Conditional Use Permit(CUP)process and requires either a
public or private backage street generally parallel with Eagle Rd./SH-55 to be incorporated into the
design of future site plans.A conceptual master plan demonstrating interconnectivity,transitional
uses, access points and other key land planning issues is required prior to any detailed CUP
applications being submitted. See Section VIA for more information.
A variance(VAR-08-004)was approved in 2008 for a temporary access via N. Eagle Rd./SH-55 until
such time as access can be provided to the site from either the south via a frontage road from the
extension of E. River Valley St. or from the north across the South Slough.At such time,the
temporary access to Eagle Rd. is required to be removed and the street buffer landscaping adjacent to
Eagle Road is required to be completed. Currently, there is no access to the site from either the north
or the south.
The Applicant requests a modification to the existing DA to remove the subject property from the
agreement and prepare a new DA with an updated conceptual development plan; removal of the
requirement for conditional use approval of any future uses on the site; and requirement for access to
be taken from the north via the future backage road with emergency only access from the south.
A conceptual development plan was submitted as shown in Section VI.0 that depicts a reconfigured
parking area, extension of the street buffer and pedestrian pathway across the existing driveway from
N. Eagle Rd./SH-55, a drive aisle along the east boundary of the site connecting to the north for future
access via Eagle Rd./SH-55 and to the south for emergency access only.Note:A driveway from Eagle
Rd.ISH--55 is depicted on the concept plan partially on this site and partially on the property to the
north that has not been approved; an approved access via Eagle/SH-55 exists approximately 500'to
the north of the subject property. The UDC(11-3H-4B.2)does not allow new approaches directly
accessing a state highway. The City Council may consider and approve a modification to this
standard upon specific recommendation of the Idaho Transportation Department per UDC 11-3H-3.
Staff anticipates a request for this access will be part of a future development application on the
adjacent property to the north.
The Applicant proposes new DA provisions,which are included in Section VI.D below. Staff is
amenable to the request to remove the requirement for a conceptual master plan to be submitted for
the overall area as much of this area has already been developed and/or has entitlements. Staff is also
supportive of the removal of the requirement for any future uses to be approved through the CUP
process as the UDC (Table 11-2B-2)governs the allowed uses in the C-G zoning district and a CUP is
not required for all uses. Staff is not in favor of removal of the requirement for a public or
private backage street generally parallel with Eagle Rd./SH-55 to be provided as UDC 11-3H-
4B.3 requires such to provide future connectivity and access to all properties fronting the state
highway that lie between the Applicant's property and the nearest section line road and/or half
mile collector road.Although a drive aisle/backage road is depicted on the conceptual site plan,
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Item#12.
EXHIBIT A
it's proposed to dead-end at the southern boundary with an emergency only access to the south.
Because access is limited in this area, Staff believes it's important for this backage road to
provide through unrestricted public access to the north and the south. The Fire Dept. does not
support the backage road being blocked for emergency access only and states the road needs to
run through unobstructed for fast access to businesses in this area.
Based on the aforementioned recommendation, Staff recommends the conceptual site plan is
revised to depict a backage road along the east boundary of the site with unrestricted access to
the south.DA provision#5.1d should be revised to include vehicular access to the south.DA
provision#5.1e should be replaced with a requirement for cross-access easements to be granted
to the properties to the south and to the north; a recorded copy of the easements should be
submitted to the Planning Division with the Certificate of Zoning Compliance application.
V. DECISION
A. Staff:
Staff recommends approval of the modification to the DA with the changes noted in Section V.D
as discussed above in Section IV.
B. The Meridian City Council heard this item on March 22 and April 12,2022.At the public hearing
on April 12,2022,the Council moved to approve the subject MDA request.
I. Summary of the City Council public hearing:
a. In favor: JoAnn Butler,Butler Spink,LLP: Jeff Likes,ALC Architecture: Brian Carlisle,
Bach Homes: and Jeff Bower, Givens Pursley,representing GFI-Meridian Investments.
LLC.
b. In opposition:None
c. Commenting:None
d. Written testimony: Jeff Bower, Givens Pursley,representing GFI-Meridian Investments
LLC
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: Kris Blume.Fire Chief
2. Key issue(s)of public testimony:
a. The property owner to the south,Bach Homes, supports the emergency only access to
the south as they plan to develop the property with a multi-family residential use which
will connect to the existing Regency at River Valleyapartment development to the east-
b. The property owner to the north. GFI-Meridian Investments,LLC, is generally
supportive of the proposed DA modifications requested by the Applicant and does not
object to the proposed emergency only access to the south.
C. In response to a question from the Council,the Fire Chief clarified that it may have been
the Fire Marshall that had communicated with Staff and responded to the Council: "As
long as an emergency access is preserved and not blocked,that's all we care about.
Certainly,the applicant's concern about protecting the community as well as the people
trafficking the area,we certainly agree with that,we just want to make sure the Fire
Department has adequate access, and Code-compliant emergency access only would
meet the needs of the Fire Department without any blockages."
3. Key issue(s)of discussion by City Council:
a. The backage road along Eagle Rd. and whether or not access should be restricted to
emery only at the southern boundary of the site.
4. City Council change(s)to Staff s recommendation:
a. Council approved the Applicant's request for emergency only access to be provided at
the southern boundary of the property provided the adjacent property to the south
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Item#12.
EXHIBIT A
develops with residential uses:however, if the adjacent property to the south develops
with commercial uses, a through access shall be provided and shall not be limited to
emergency access only(modify DA provision#5.1e accordingly).
VI. EXHIBITS
A. Existing Development Agreement Provisions(Inst. #104129529)
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under"City's"Zoning Ordinance codified at Meridian City
Code Section 11-7-2(K)which are herein specified as follows:
Any future uses of the property shall be approved only through
the conditional use permit process. Additionally, either a public
or private backage street generally parallel with Eagle RoadISH
SS shall be incorporated into the design of the future site plans.
A conceptual master plan demonstrating interconnectivity,
transitional uses, access points and other key land planning
issues is required prior to any detailed CUP applications being
submitted on either the Bryson or Schrammeck properties for the
C-G zone
4.2 No change in the uses specified in this Agreement"be elbwed
witho ut me difiea6on o f thi s Agreem ent.
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Item#12.
EXHIBIT A
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.A "Owner"shall develop the"Property'in accordance with the following
special conditions:
1. Removal of any existing domestic wells anWor septic systems within this project
from their domestic service must be accomplished at such time as the"Owners"change
the current use of"PropenY'or otherwise develop the"Property"in accordance with the
terins hereof
2. Any future ruses of the property shall be approved only through the conditional use
permit process_In addition,there is a requirement that either a public or private backage
street generally parallel with Eagle RoadISH 55 shall be incorporated into the design or
futtue site plans. A conceptual master plan derrronstrating interconnectivity,transitional
uses.,access points and other key land planning issues is required prior to any detailed
CUP applications being submittcd on either the Bryson or 5chrammeck properties.
The following Comprehensive Plan policies (from C}taptcr VI and VE) shall be
applicable to these properties:
T. rsnsporWion Policies AF.2licable to the BrvsadSchram:ne�,k_Annexation:
• "Large development proposals that are likely to generate significant traffic should
be assessed for their impact on,the transportation system and surrounding land
uses. Thcy should be examined for ways to encourage all forms of transportation
such as transit,walking,and cycling.
* New development should not rely on cul-de-sacs since they provide poor fire
access,walkability,and neighborhood social life. New development and streets
should be designed to encourage walking and bicycling-
*
In addition to providing for enhanced automobile traffic,Meridian should seek
ways to encourage alternative modes of transport. Improvement in and
encouraged use of public transit systems is an important first step. Public transit
includes bus systems and ridesharing. By fostering such means of high vehicle
occupancies,congestion on roadways can be decreased.
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Item#12.
EXHIBIT A
* Pathways that encourage use by bicyclists and pedestrians can decrease road
congestion and add to the community's quality of fife_ The proposed off-street
and multiple-use pathway systems arc depicted iin Figures VI-3 and VI-4. New
and existing developments should ensure that the guidelines laid out in this plan
are adopted.
* Eagle Road is the major north-south arterial in Ada County. The capacity of this
arterial should be protected by minimizing the mrnber and location of private
driveway access connections to this important roadway. The City should
recognize,adopt,and help implement the Eagle Road Acccss Control Study,
Pmpared by ACHD in 1997."
Mixed Vk c Development Policies Applicable to the B. hratrunpck
Annexati2n
* "Where feasible,multi-family residential uses will be encouraged, especially for
projects with the potential to serve as employment destination centers and when
the project is adjacent to Static Highways 20-26,55 or 6%
In developments where multiple commercial andlor office buildings are proposed
(not residential),the buildings should be anranged to create some form of
eornrnon,usable area, such as a plaza or green space;
• Where the project is developed adjacent to low or medium density residential
uses, a transitional use is encouraged."
3_ All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 124-
13.Plans will need to be approved by the appropriate irrigation/drainage district,or lateral
users association,with written confirmation of said approval submitted to the Public Works
Department.
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Item#12.
EXHIBIT A
B. Legal Description&Exhibit Map for Property Subject to New Development Agreement
LXH1BUY -A"
ca l j)v,ry rip iion or the Property
A portion of the Southwest quatlef of the Non hwast quar#erof Sectbrl 4,Twmship3Wnh, Range 1 East,
Boise Meridian.more partic.tl.arly described as tollows:
Comma m*9 at the lbtth+lreat axner of the 54iAhmst quarter of the No-Mwesi quarter of Section 4,
Township 3 Flog K Rouge 1 East,wise Meridiaun,Ada rountV.Idaho, thence
South along the West litre of"d Secbon 4, a distance of 433.62 Peet W the Real Point of Beginning- thence
South SY4(YEast 231M%dtoapoint, thence
North 93050'Ea 1114,57feelto a point.Ownce
South 213.051eel to poir4, thence
Wev 300,OOfeet to a point on the(Ifni%st line of said Section 4.thence
North 342,64 feet to the Paint cO Beginning-
Exu:epling a 25 foal strip on the ((test side for highway right-at-my-
Also Exceplmg a parcel at land being on tfre Easterly side of the centerfineof State Highway No. 55(Eagle
Road, Project No. FH-F-3271(037)Highway Survey, as shown on the plans thefeof now an file in the oftim of
the Idaho Transportation Qeparlment, and being a portion of the Southwest quarter of the "thwe$I quarter
of Section 4.Township 3 North, Range 1 EasL Bore MerPthan. descried a6 Iol low s to-wit:
CorrimenOr@ al the North voe&I cornet of the Southwest quarter of the Northwesl qualler of Sedhort 4.
Township 3 North. Range 1 Eas1. Boise Merid-cart I bears North W23,4r Wes 0,34 fee#tram Station
155+31.73 of sad Slate Mighway No.55(Eagle Road), Project Nll-F-3271(071 Highway Suvey; thence
South 0"36'13- West(shown of{ecard I be South)alorg the Wes](in eof said SWhwest gLodetr of the
Northwest quarter a d+slame of 76S,43 feet is how n of record to be 776,26*eke b the Southwest Minor of
the tract of land as described in IhaI certain Warranty peed daled January 24,1975,retarded JanUary 24,
1975.as Instrument No- 91295& remrdsof Ada County, Idaho, said corner being a poml in the~centerline«of
said Stale Highway Flo, 55,that(is coincident with Station 147+66.31 of said Rig frway Survey and being the
ReV pleceof Begir ruing; thence
South 89-23'47' East(shown of record to be East)thong the South line of said tract cd la 70.0 feet to a
paint in a lie pwalel with and 70.0 feet Easte0y frurn the cemerline and beams South 89-23'47- East tm m
Station 147+6621 of said Righway Survey; thence
North 0 3613' Fast along surd paralel line a distance of 29LOS leer id o pgint in the Ncwthorly lime of said
tract of land and being flppcsite Station 1S4+5T.35 of said Highway S trwey; thence
North W03'47' West (shown o4 mcordlo lee North 53`40'West�along sand Nod"1inc 8629 feel to the
Northwest Corner orl said tract of land,said comer being a poira i n the West line of said SouthwesI quarter of
the Fbrthw sl quarter,said West line berg coincWenl with the centesiine of said State Highwatr Flo- S5, and
said pant hei g co inc i nt*1th Station 151+0&84 of s.atd HighwaySurvey. thence
South 0 3613' West along said West line being cairMcidant with said cen terl n e 342-53 feet to the Beal Place
of Ek�ginning-
PArit IIX-
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Item#12.
EXHIBIT A
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Page 8
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Item#12.
EXHIBIT A
C. Proposed Conceptual Development Plan
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Item#12.
EXHIBIT A
D. Proposed Development Agreement Provisions
Staffs recommended changes to the proposed provisions are shown in strike-out/underline
format.
1. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to
develop the Property in accordance with the terms and conditions of this Agreement.
1.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted,
conditional and/or accessory uses under the UDC.
1.2 No change in the uses specified in this Agreement shall be allowed without modification
of this Agreement.
2. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
a. Development of the Property shall no longer be subject to the terms of the Development
Agreement recorded as Instrument No. 104129529.
b. Development of the Property shall be generally consistent with the conceptual
development plan depicted on Exhibit"C",attached hereto, and the provisions contained herein.
C. Owner/Developer shall make application for administrative Design Review. Future
development shall comply with the structure and site design standards listed in the Architectural
Standards Manual. Strict design review of all four sides of the remodeled existing building is
required.
d. The existing direct access to the Property via N. Eagle Rd./SH-55 shall continue until
vehicular access to the north across the South Slough and to N. Eagle Rd./SH-55 or to the south
to E. River Valley St. is provided. At such time,the temporary access to Eagle Rd./SH-55 shall
be removed and the street buffer landscaping adjacent to Eagle Road shall be completed
consistent with the UDC standards.Note: The access via N. Eagle Rd./SH--55 depicted on the
conceptual development plan along the northern boundary of this site is not approved with this
application.
e. The drive aisle on the east side of the Property shall terminate at the south boundary of
the Property as an emergency vehicle access ifthe adjacent property to the south develops with a
residential use. Access will be restricted by a gate that will allow for emergency vehicle. The
Owner/Developer shall coordinate the design of the gate with the Meridian Fire Department.
However, if the adjacent property to the south develops with a commercial use, access shall not
terminate and a through access shall be provided. Cross-access easements shall be granted to the
properties to the north and to the south and recorded copies of the easements shall be submitted to
the Planning Division with the Certificate of Zoning Compliance application.
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Item#12.
EXHIBIT A
f. A Certificate of Zoning Compliance and administrative Design Review applications shall
be submitted to and approved by the Planning Division prior to submittal of a building permit
application(s).
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