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Shops at Victory MDA H-2022-0060 Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N,, AND DECISION&ORDER A In the Matter of the Request for Development Agreement Modification to change allowed opening hours for an approved drive-through establishment from 6AM to 5AM at 3300 S.Eagle Road,by White Leisure Development. Case No(s).H-2022-0060 For the City Council Hearing Date of: September 13,2022(Findings on September 27, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 13, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 13,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of September 13, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 13,2022, 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 I I 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 § I I-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(Shops at Victory MDA—FILE#H-2022-0060) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 13,2022,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 Development Agreement Modification is hereby approved per the conditions of approval and new DA provisions in the Staff Report for the hearing date of September 13, 2022, 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(Shops at Victory MDA—FILE#H-2022-0060) -2- 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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(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 September 13,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Shops at Victory MDA—FILE#H-2022-0060) -3- By action of the City Council at its regular meeting held on the 27th day of September 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 9-27-2022 Attest: Chris Johnson 9-27-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 9-27-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Shops at Victory MDA—FILE#H-2022-0060) -4- EXHIBIT A C� f1EN DIAN�-�- IDAHO COMMUNITY DEVELOPMENT DEPARTMENT HEARING 09/13/2022 Legend DATE: - R:B� a Project Location TO: Mayor&City Council RUT FROM: Alan Tiefenbach,Associate Planner o R=8 C-C R-15 Joseph Dodson,Associate Planner 0 RUT Rl 208-884-5533 RUT . RUT SUBJECT: H-2022-0060 R-8 �RUT Shops at Victory-MDA R-T5 R-4 LOCATION: SEC of S. Eagle Rd. and E.Victory Rd. a RUT Ra�2 �p I. PROJECT DESCRIPTION Development Agreement Modification to change allowed opening hours for an approved drive- through establishment from 6AM to 5AM at 3300 S. Eagle Road. II. SUMMARY OF REPORT A. Applicant/Representative: Ken Lenz,White Leasure Development—8385 W. Emerald St,Boise ID 83701 B. Owner: WL Victory Crossings LLC—8385 W. Emerald St, Boise ID 83701 III. STAFF ANALYSIS The property is 0.84 acres in area, zoned C-C, and is one of three commercial lots comprising the Shops at Victory Development which was annexed in 2008 (AZ-008-007,PP-08-006,DA Inst. #111032845). The existing Development Agreement allows all uses allowed in the C-C zoning district,with hours of operation limited to 6am to IOpm due to the adjacent residences to southeast and east. Alternative Compliance was approved as part of the annexation to allow a residential buffer with widths as little as 10 feet where 25 feet is typically required along the south and eastern property lines,with a condition that a 6 ft tall Verti-Crete wall be constructed within the reduced buffer—much of this buffer does meet the standard 25-foot width. The final plat for this property was completed in 2016 after four time-extensions were approved(H-2016-0029). The Rite Aid on the hard corner Page 1 EXHIBIT A received administrative approvals in 2015 (A-2015-0061)with construction occurring in 2016. The eastern most commercial has received conditional use permit approval and administrative approvals to construct a daycare center but construction of that facility has not yet started(H-2021-0003 &A- 2021-0072,respectively). In May of 2022,a conditional use permit(CUP)was approved for this subject property(3300 S. Eagle)to allow a drive-through establishment within 300 feet of an existing residence and another drive through facility(H-2022-0019); a CZC was issued in July of 2022 (A-2022-0134) for the coffee shop drive-through. With the CUP,the applicant mentioned their desire for an opening time of 5AM rather than the 6AM noted in the DA. As this was a development agreement requirement, the project was conditioned to operate from 6AM to IOPM per the recorded development agreement unless otherwise modified through a subsequent development agreement modification. There is an existing single-family residence on a 5-acre lot directly east and south of the subject property. This would be the property owner most impacted by any proposed changes to the allowed hours of operation. At the time of the CUP for the drive through establishment,the property owner submitted a letter in support stating the applicant had been very receptive to all their requests with the initial development,they had installed a Verti-Crete fence along their property line that was higher quality than would have been required,ensured lighting impacts were mitigated and expressed their faith that the applicant's choice of location was acceptable. Staff has not received any further correspondence from this property owner.North of the subject property is the existing Rite Aid and S. Eagle Rd is to the west so Staff finds the proposed additional hour of operation in the morning should not have any impact on the existing commercial use. The existing development agreement states"The applicant shall be responsible for all costs associated with the sewer and water service extension as set forth in Exhibit C attached hereto and by this reference incorporated herein as if set forth in full. Said costs shall be paid prior to commencement of any building construction."As of August 16, 2022,this Applicant has paid their required proportionate share of this agreement and has satisfied this DA provision for the subject property. In addition, many of the existing provisions have been satisfied over the years and are no longer applicable for the subject site. Therefore, Staff is recommending this parcel be removed from the existing DA and placed into its own for the purpose of governing this lot in perpetuity. Staff s recommended DA provisions are below. IV. DECISION A. Staff: 1. Staff recommends the City Council approve the applicant's request for a development agreement modification and enter into a new DA with the following provisions at a minimum: a. Hours of operation for any business on the subject property(3300 S. Eagle Road,Lot 1 Block 1 of the Shops at Victory Sub.) shall be restricted to the hours between 5am and 1 Opm. b. Future development shall adhere to the previous approvals for Alternative Compliance for a reduced landscape buffer width in certain areas adjacent to the residential property to the south and east,per the landscape plan attached in Exhibit A of the staff report attached in the original development agreement for the Shops at Victory Development Agreement(Inst# 111032845). c. Access to this site shall only be provided from one full-access and one right-in/right-out access to/from Eagle Road and one full-access and one right-in/right-out access to/from Victory Road, as shown on the City approved site plan included in the development Page 2 EXHIBIT A agreement for the Shops at Victory Development Agreement(Inst# 111032845).Any other vehicular access points to/from the site are prohibited. d. Owner/Developer shall maintain and adhere to the recorded cross-access/ingress-egress agreement for the three(3)parcels associated with the Shops at Victory subdivision. e. Future development of this site shall be generally consistent with the site layout, landscape plan and building elevations as approved by CZC A-2022-0019 as depicted in Section V below and the previous conditions of approval for the subject site: H-2016-0029 and H-2022- 0019). B. The Meridian City Council heard these items on September 13,2022. 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: Jason White,Applicant: Bob Aldridge,neighbor. b. In opposition:None c. Commenting: Jason White: Bob Aldridge. d. Written testimony: David Palumbo—noted concerns with development in South Meridian overall,not specific to this project. e. Staff presenting application: Bill Parsons,Planning Supervisor f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Support for proposed change and noted agreement with developer by affected neighbor to the south/southeast; 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Staff recommendation: a. None Page 3 EXHIBIT A V. EXHIBITS A. Approved CZC Site Plan 1'x a : I I � I �1fJr 4•+ r I I ' a 4. 1 I +'r I 1 J 1 + N a �•a, r M+ I 1 � •y .�•«•«. L • +�r F i - +'+'�.e� `. ' y f Id T--I e 1 1»+ I + F+ +r .* . .J v II i +'.�+ ,fir ,J e .I * I 1 I' S_�LY_I_r_L"!�L I Page 4 EXHIBIT A B. Approved CZC Landscape Plan r• . w. -- I 21 Aja - z1 r-- »r r`+xr+r'rr� -^ e. ti .� _ 'ti• ;r.•rr y, ` � 1 rir`r`r 'r*,+r`• 1 �:�� C�ti)) C. .iiI �•.ti.r•r n y yCFG�)�)'•`C? '•:+.)'✓t 2•`O"O r)9:C?C?OlfrF '�,�, .• yC�,'• haC?CyaP�?' •`i'(�•'(�]':[: �C?O�)�)3:C I ,y. •r.• .r .ti .:ti r�r`r i-- --i aA. _ _ - ti•..}:}::-:�ti�ti:�}::ti•:ti�lvv {�{. 1 . I i l i •�]:�:C�C�O�]�]�C�O:O�):•;:•;'r•�: .�>�>:hCy�` 1 . . . vi•. is r +">`+++` _ �o$t - - - - ii0�] :^C': :4:•]:�]:•:C•:4: :•)Y.C�.'�O:O:• :i•:6:7:Y:�.Cr ;)y. + +`+++.*!`.x+tti 1 I �15---_: —.i- r - ]:+4'C�C�O�+l]:�`�4:0�):it.;isp�pj {:•t''�,.'`+;:{{'' {t'•\ . Page 5 EXHIBIT A C. Approved CZC Elevations ------------------ "fzKY T6.fdY ...... i.d LdN LAGA,RQCK ��� mfnmmss . (,)HRPJE THRU ELEVATION FRONT ELEVATION duunc�in���a •fc!woxooP m.2Pc I - - 1Y 10' _ —_—_—_—_ x�Pf,= Mr L —wavy L7O f�PPmT A SINE ELEVATION �,�REAR ELEVATION Page 6 EXHIBIT A C. Existing Development Agreement Provisions 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The applicant shall be responsible for all costs associated with the sewer and water service extension as set forth in Exhibit C attached hereto and by this reference incorporated herein as if set forth in full. Said costs shall be paid prior to commencement of any building construction. 2. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7- 517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. 4. The request for Alternative Compliance for a reduced buffer width in certain areas adjacent to the residential property to the south, is approved per the landscape plan attached in Exhibit A of the staff report and in accordance with the DA provisions and conditions of approval noted in the Shops at Victory staff report. 5. Construct a minimum 6-foot tall verti-crete wall adjacent to the residential property to the south in the areas where the buffer width is below the required 25-feet, as shown on the fencing plan in Exhibit A.5, as approved through Alternative Compliance with this application. Construct a minimum 6-foot tall solid vinyl fencing in all other areas along the perimeter boundary adjacent to residential uses. All fencing shall be constructed in accordance with the standards listed in UDC 1 1-3A-7C. Page 7 EXHIBIT A 6. Provide a minimum 5-foot wide detached sidewalk along both Eagle Road and Victory Road beyond the ultimate right-of-way of the reconstructed and widened intersection. Said sidewalk shall extend across the Aldridge property along Eagle Road to Falcon Drive and be located within a public pedestrian easement. 7. Access to this site shall only be provided from one full-access and one right-Wright-out access to/from Eagle Road and one full-access and one right-in(right-out access to/frorn Victory Road, as proposed by the applicant, as shown on the City approved site plan attached hereto as Exhibit D and by this reference incorporated herein as if set forth in full. Any other vehicular access paints to/from the site are prohibited. 8. A cross-access/ingress-egress easement shall be recorded to/from Eagle Road and Victory Road benefitting all lots within the subdivision. 9. Provide a pedestrian connection (pathway and break in the fence) from this site to the future pathway in Harcourt Subdivision. 10. A minimurn of 2 buildings shall be constructed on the site and the maximum building footprint of any one building shall not exceed 20,000 square feet, 11. Hours of operation for the businesses within this development shall be restricted to the hours between C am and 10 pm. 12. The Applicant shall comply with the tree preservation standards listed in LTDC 1 1-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. The applicant's proposal to plant trees along the southern and eastern property boundaries as mitigation for trees removed from the site is approved per the landscape plan included in Exhibit A of the staff report. 13. The detailed site plan and building elevations submitted with any future CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of the staff report. 14. The Applicant shall submit a letter of final approval from Ada County bevelopment Services for the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Council and publication of the ordinance in the newspaper. Page 8