Jennie's Retail H-2022-0071 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW (:�VEF,,1D1ANj---,
AND DECISION&ORDER
In the Matter of the Request for an Amendment to the Existing Development Agreement(Inst.
#104027941)to Remove the subject property from this agreement for the purpose of allowing the
property to develop consistent with the allowed uses in the existing C-G zoning district removing
the requirement of a conditional use permit approval for all future uses prior to development on
the property for Jennie's Retail,by Chrysalis Architecture and Planning.
Case No(s).H-2022-0071
For the City Council Hearing Date of: February 7,2023 (Findings on February 21,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 7,2023,incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of February 7,2023,incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of February 7,
2023, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 7,2023,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 JENNIE'S RETAIL MDA H-2022-0071 - 1
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 7,2023, 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
per the provisions in the Staff Report for the hearing date of February 7,2023,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 § 67-6521(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 February 7, 2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR JENNIE'S RETAIL MDA H-2022-0071 -2
By action of the City Council at its regular meeting held on the 7th day of February
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 2_7.2023
Attest:
Chris Johnson 2.7.2023
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
2-7-2023
By: Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR JENNIE'S RETAIL MDA H-2022-0071 -3
Exhibit A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 02/07/2023 RUT Rv`2 R-15 C-�
Legend
DATE: ® R1 R1 R-2
0 Project Location R-4
TO: Mayor&City Council L-O R-40
R-4 30 R-4 RUT
FROM: Stacy Hersh,Associate Planner Egg
L-O R-4
208-884-5533 R6 M ®-15 C-G
;C---N
SUBJECT: H-2022-0071 C�3 C-C �T C-G err
Jennie' Retail MDA R5 R-40 I-L
LOCATION: The site is located at 2365 E.Fairview �R-B ® R_15 R-40 1A
Avenue,near the half-mile mark between�R4 RUT
N. Eagle Road and N. Locust Grove R1:5 L:p
Road,in the NE 1/4 of the NW 1/4 of R1
Section 8,Township 3N, Range lE L_O�
(R7104250004).
C-G I.L�C G� R1�� C-G C-G-
I. PROJECT DESCRIPTION
Development Agreement Modification(MDA)to amend the existing agreement(DA Inst.
#104027941)to remove the subject property from this agreement for the purpose of allowing the
property to develop consistent with the allowed uses in the existing C-G zoning district. Currently,
the recorded DA requires conditional use permit approval for all future uses prior to development on
the property.
NOTE: City Council approved the subject MDA on January 3'.After the hearing, it was discovered
that this property did not include the entire boundary of the property that was part of the original DA.
Staff met with the applicant to discuss all of the options. Both staff and the applicant agreed that the
best course of action was to update the staff report and renotice/reschedule the project. Staff has
prepared Findings in the affirmative for Council's approval since the project did not have any public
testimony or Council discussion during the previous hearing.
II. SUMMARY OF REPORT
A. Applicant:
Richard Wilmot—3130 W. State Street,Boise,ID 83703
B. Owner: Mauricio and Ilene Garcia—4863 N. Larkwood Place,Meridian,ID 83646
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
The Applicant proposes to amend the Cortabitarte Development Agreement (Inst. #104027941) to
Page 1
Exhibit A
remove the subject property from the existing development agreement. When this property was
originally annexed it included the I-L property directly south of the subject property.Since the applicant
wasn't able to obtain the property owner's consent to amend the terms of the original DA,a new DA is
being requested so the property can develop consistent with the C-G zoning district without the need
of obtaining CUP approval for every use. Below is the legal description and exhibit map of the C-G
zoned property attached to the original annexation ordinance. This is the area that will be subject to the
new DA.
A concept plan was submitted showing how the property could potentially develop. The new DA will
not include this as an exhibit, it is meant for illustrative purposes only. Due to the size of the property,
compliance with the City's design standards, and the inclusion of staff s other recommended DA
provisions, staff believes the inclusion of a concept plan is not warranted. The proposed site plan
depicts a mix of retail,restaurants, a drive-through, and associated site improvements. Because the
site has the potential to develop with multiple drive-throughs and restaurants, staff has analyzed the
parking on the plan using the restaurant standards requiring one(1)parking stall for every 250 square
feet(UDC 11-4-3-49) of gross floor area to ensure adequate parking. Per this standard, 68 parking
stalls would be required if the site develops per the submitted concept plan. Currently,the plan
depicts 50 parking stalls. Therefore, staff recommends adding a provision to the Development
Agreement to address potential parking issues by requiring a parking ratio of 1 parking stall for every
250 square feet of gross floor area regardless of the use.
Currently,the City is processing a CZC and DES application for a drive-through use on the west
boundary in the Pine 43 development. If the abutting property does develop with a drive-through,the
proposed drive-through would be within 300 feet of another drive-through which would require CUP
approval.
Access to the property is proposed from E. Fairview Avenue; a shared access drive with the property
to the east(R8525101800). Staff has reviewed the Pine 43 Development Agreement(#2018-000751)
conditions of approval and cross-access was required to be provided to this property for future cross-
access and interconnectivity between the two commercial areas. The plan as submitted doesn't
contemplate the cross access with the adjacent property. Staff recommends the applicant grant cross
access with the adjacent property to improve interconnectivity.
Staff recommends approval of the development agreement modification for the purpose of entering a
new agreement with the provisions in Exhibit A below.
IV. DECISION
A. Staff:
Staff recommends approval of the modification to the DA(Inst. #104027941) as recommended by
Staffs analysis above and with the specific changes below.
Page 2
Exhibit A
V. EXHIBITS
A. Legal Description and Exhibit Map
EXHBU"A"
Less)Rescriatiun a[hrooerts
Jack G.Cortsiditarte ud Lmm F.CArtsbumm
Got 1 4PP anent VaiCcy SuMvisjon.according to the piu thereof f1kd in Book
12 of Mis,Page 665 in tha office of the coUmty redortler of Ada County.Mate o f
[daha.
DEVELOPME rAGREEMLNT(AM3•0Z3)
YAaE 15 OF i$
Page 3
Exhibit A
{'L FATAL}RFM
iuL PGII 9P maLms l4i W'•3e]
zmv
7 B
PR-0�U�6 SONG
c6
LOT I
Tiles^1.It im mw
FM291UM
FS 11
[m I
I V5
S
I I �
r g
LOT 2 e R-3 a LOT s
9kl:51 WK F:3W"HFFf LL}T 7 F W7P 90h7LF3 9F+RUICL Elf
akiaa�a ��i5'i F i 64C r,9PAii1[ � I®a7@WP T6"
Wllmme ;' 3—L �T Q+t'
rL I�
L I
� raaT�o x�
L L
I �
I 1I
S'3 I
LOr S
fM0 L5#-xw
mp-awae
I
I
I I
J j
Lo: a
BULMpPAleo FRO;KWa'S 9W.
*02MD"Co
9LOCK 2
9 9734-5'M 59,5.7f
IM
L,OT 7
Dy"K owc
R7101LL3m
ANNEXATION EXHIBIT BRIAOSENGINEERINO,JNG.
FC)R
JACK CORTABITARTE B R
A PORTION OF LOT 1, PLEASMT VALLEY MADIANCIN i306}3+4-77Lq
LOCATED ITf 7HE 9w)/4 OF 5EC710N B, 7.3m., R,IE., $.m
MERIDIAN, AAA COOT11. SG,1146 INN W.OYMA D RM•BUU—RIAHO&VD5
Dim MATE 6TG xo ¢=FLf
E]�f22f03 csJw 2a�•, NTs EXHIBIT
Q��-rM,Ilxnwc
Page 4
Exhibit A
B. New Development Agreement Provisions Recommended by Staff:
Add a new DA provision-A cross-access/ingress-egress easement shall be granted and the
shared driveway constructed to Parcel#R7104250566(Pine 43 Subdivision)to the west.A copy
of the recorded easement shall be submitted with the first certificate of zoning compliance
application.
Add a new DA provision—Parking for the development shall be based on the parking ratio of one
(1)parking space for every two hundred fifty(250) square feet of gross floor area regardless of
use.
Page 5
Exhibit A
C. Conceptual Site Plan(reference only):
Chrysalis
Cf-of FAIRVIEW AVENUE T art nr��a
BUILDING&1 v 'Z L SrCJ,.,F.0 =�
sg
BUILD!S t�fiii��iiliEl@g$$SFFFa
IilESl�EIl
M.
.�l
�
SQUARE
FEET
y5O PARI(INGI
_ ;SPACEstT,�k ,
x �.'S G a11341 _ MUM—
'pARKING ,�,
SQLIARE -
MET
h S
IxOJt�l sllt �atn
n
A51.00
Page 6