Ultra Clean Franklin FFCL H-2023-0064 CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:---
AND DECISION& ORDER ,
In the Matter of the Request for Request for a New Development Agreement with a Modification to
the Terms of the Agreement Required with the Annexation Ordinance(#737 Haskin Green),by
KM Engineering.
Case No(s). H-2023-0064
For the City Council Hearing Date of: March 12,2024 (Findings on March 26,2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 12, 2024, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 12,2024, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 12,2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 12,2024,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 ULTRA CLEAN FRANKLIN MDA H-2023-0064 - I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 12,2024, 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 conditions of approval in the Staff Report for the hearing date of March 12, 2024,
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 March 12, 2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR ULTRA CLEAN FRANKLIN MDA H-2023-0064 -2-
By action of the City Council at its regular meeting held on the 26th day of March
2024.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LIZ STRADER VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 3-26-2024
Attest:
Chris Johnson 3-26-2024
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 3-26-2024
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR ULTRA CLEAN FRANKLIN MDA H-2023-0064 -3-
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT D A H O
HEARING March 12,2024 Legend
DATE: 0
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner -
208-884-5533 �.
SUBJECT: H-2023-0064
Ultra Clean Franklin—MDA
�- Nk1 11 I
LOCATION: 3070 E. Franklin Rd., in the SE 1/4 of -
Section 8,T.3N.,R.IE. (Parcel C-
#51108449810)
lu L-O
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R1J T
I. PROJECT DESCRIPTION
Request for a new development agreement with a modification to the terms of the agreement required with
the annexation ordinance (#737 Haskin Green).
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 2.01-acres
Future Land Use Designation Commercial
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Vehicle washing facility
Current Zoning C-G(General Retail&Service Commercial)
Proposed Zoning NA
Physical Features(waterways, The land slopes down significantly to the north.
hazards,flood plain,hillside)
Neighborhood meeting date 11/20/23
History(previous approvals) Ord.#737 Haskin Green;PBA-2021-0016(ROS#13121)
III. APPLICANT INFORMATION
A. Applicant:
Stephanie Hopkins,KM Engineering,LLP—5725 N. Discovery Way,Boise, ID 83713
Pagel
B. Owner:
WWOZ Boise Meridian,LLC—3070 E. Franklin Rd.,Meridian,ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
City Council
Posting Date
Newspaper notification
published in newspaper 2/25/2024
Radius notification mailed to
property owners within 300 feet 2/24/2024
Public hearing notice sign posted
2/23/2024
on site
Nextdoor posting 2/26/2024
V. STAFF ANALYSIS
The Annexation Ordinance(#737)approved for the property in 1996,requires the property owner to enter
into a Development Agreement(DA)with the City prior to issuance of a building permit or plat approval,
whichever occurs first. The ordinance includes requirements for inclusion in the future DA and compliance
with the Findings associated with the annexation.See DA requirements in Section VITA below.
No development has occurred on the property and the property has changed ownership since it was annexed.
The original plan was to subdivide the property for individual building sites but that plan never came to
fruition. The new owner would like to develop the property with a vehicle washing facility. Because there
are many outdated requirements for the DA and references to City Code that are no longer in effect, Staff
recommends new provisions with this application that are applicable to the proposed development,which
will replace the original ones. The Applicant's narrative provides a response to the existing requirements.
A conceptual development plan was submitted, included in Section VII.B,that shows how the site is
proposed to develop with a vehicle washing facility. Future development is required to comply with the
dimensional standards for the C-G district listed in UDC Table I1-2B-3.
The property is currently zoned C-G(General Retail and Service Commercial),which allows a vehicle
washing facility as a principal permitted use, subject to the specific use standards listed in UDC 11-4-3-39,
as follows:
A. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation
on the site and between adjacent properties. At a minimum,the plan shall demonstrate compliance
with the following standards:
1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by
patrons. Three(3)stacking lanes are proposed, which should provide sufficient capacity to
prevent obstruction of the public right-of-way.
2. The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking. Vehicles stack in the drive leading into the carwash on the south side of the building,
which is a separate drive than the one on the north side of the building that exits the carwash
with access to parking for use of the vacuums.
Page 2
3. The stacking lane shall not be located within ten(10) feet of any residential district or existing
residence. There are no residential districts or existing residences within 10 feet of the stacking
lanes.
4. A letter from the transportation authority indicating the site plan is in compliance with the
highway district standards and policies shall be required. This will be required with the
Certificate of Zoning Compliance application.
B. Within the industrial districts, a vehicle washing facility shall be allowed only as an accessory use to
a gasoline or diesel fuel sales facility for use by non-passenger vehicles. The vehicle washing facility
shall be limited in capacity to a single vehicle. The intent is to discourage facilities that cater to
passenger vehicles.Not applicable (this property is in a commercial district).
C. Any use that is not fully enclosed shall be located a minimum of one hundred(100) feet from any
abutting residential district, and shall be limited in operating hours from 6:00 a.m. to 10:00 p.m.
There are no residential districts abutting this site; however, an extended stay hotel was recently
constructed on the abutting property to the north. The Applicant states the proposed hours of
operation are from 7:00 am to 9:00 pm. Staff recommends hours are restricted from 6:00 am to
10:00 pm to minimize any negative impacts to the adjacent hotel use.
D. If the use is unattended,the standards set forth in section 11-3A-16 of this title shall also apply.Not
applicable (the use will be attended).
Although residential uses do not abut this site,the extended stay hotel(Waterwalk)to the north will
likely be impacted by the noise from the proposed carwash and vacuums.For this reason, Staff
recommends the Applicant provide dense landscaping(i.e.a mix of evergreen and deciduous trees and
shrubs)that allows trees to touch within five(5)years of planting along the northern boundary of the
site.The Applicant states the type of vacuums planned to be installed come with mufflers,which
should assist in reducing the noise impacts to adjacent properties. To ensure mufflers are provided,
Staff recommends a provision in the DA requiring such.
Access is proposed via N. Olson Ave.,a local street along the west side of the site; no access is proposed via
E. Franklin Rd., a commercial arterial street, along the southern boundary of the site nor is it allowed. A
cross-access easement(Inst. #2021-105300)was required to this property with the DA for Waterwalk(H-
2019-0111,Inst. #2020-011637),the project to the north. However,there is a 9'3"fall in grade from the
proposed driveway to the existing driveway and a significant cross-slope exists,which would make a shared
access difficult(see grading exhibit in Section VIII.E below). For this reason, Staff and ACHD supports the
proposed access via Olson and does not recommend the cross-access easement with the property to the north
is utilized.
An attached sidewalk exists along E. Franklin Rd.,which is proposed to be replaced with a detached
sidewalk in accord with UDC 11-3A-17C. Staff recommends a 10-foot wide detached sidewalk is
installed on this property as well as off-site on the adajent property to the east owned by ACHD if
consent can be acquired from the property owner.
The Snyder Lateral bisects the western portion of this site within a 40-foot wide NMID easement depicted on
the site plan and is proposed to be piped in accord with UDC 11-3A-6B.2.
A 35-foot wide street buffer will be required along E.Franklin Rd., an entryway corridor(measured from
ultimate back of curb location); and a 10-foot wide street buffer will be required along N. Olson Ave., a local
street(measured from back of sidewalk), landscaped in accord with the standards listed in UDC 11-3B-7C,
including enhanced landscape standards for entryway corridors. Internal parking lot and perimeter
landscaping will be required per the standards listed in UDC 11-3B-8C.
Conceptual building elevations were submitted as shown in Section VII.D. Building materials consist of a
mix of natural limestone and burnished CMU in neutral colors, and woodgrain printed metal cladding. Final
Page 3
design is required to comply with the design standards in the Architectural Standards Manual.
A Certificate of Zoning Compliance and Design Review application will be required to ensure compliance
with UDC standards and the design standards in the Architectural Standards Manual and must be approved
prior to submittal of an application for a building permit.
The DA should include the provisions listed in Section VII.F below.
VI. DECISION
A. Staff. Staff recommends approval of the proposed Development Agreement modification as requested by
the Applicant and as recommended by Staff.
B. The Meridian City Council heard these items on March 12,2024.At the public hearing the
Council moved to approve the subject MDA requests.
1. Summary of the City Council public hearing:
a. In favor: Stephanie Hopkins,KM Engineering(Applicant's Representativel: Lori
Billaugh
b. In opposition:None
c. Commenting: Lori Mlaud,Kristy Inselman.ACHD
d. Written testimony: Stephanie Hopkins,KM Engineering(Applicant's Representative)in agreement with staff report
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: Bill Parsons
2. Key issue(s)of public testimony:
a. Concern pertaining to the safety of a full access (i.e. left-in and left-out)to/from Olson
Ave. on Franklin Rd.
3. Key issue(s)of discussion by City Council:
a. The proximity of Olson Ave.to Eagle Rd. and the safety of a full access without
restricted turning movements: and
b. Concern pertaining to the maintenance of the property at the corner of Eagle and
Franklin owned by ACHD (or the lack thereofl.
4. City Council change(s)to Commission recommendation.
a. Council included a provision requiring the Applicant to check into the possibility of
entering into a license agreement with ACHD for maintenance and/or improvements
of/to the adjacent property to the east(see DA provision#F.8 in Section VIP.
Page 4
VII. EXHIBITS
A. Existing Requirements in Annexation Ordinance:
Section 2. That the property shall be subject to de-annexation if the owner shall net
meet the following requirements:
a. That the Applicant will be required to connect to Meridian water and sewer
at his expense and resolve how the water and sewer mains will serve the
land; the City may enter into a late comers agreement for the extension of
the City sewer and/or water, if requested by the Applicants.
b. That the development of the property shall be subject to and controlled by
the Subdivision and Development Ordinance and the Meridian Comprehen-
sive Plan adopted January 4, 1994, and shall only be developed as a
commercial or general planned development or under the conditional use
process.
C. That, as a condition}of annexation, the Applicant shall be required to enter
into a development agreement as ar.ethorized by 11-2-416 L and 11-2-417 D
Prior to the issuance of any building permit or plat approval which ever
Comes first; that the development agreement shall address inclusion into the
subdMwon of the requirements of 11-M05 D, G 1., H, K and L of the
Revised and Compiled Ordinances of the City of Meridian and other matters
that the property may be de annexed if the terms and conditions of the
Development Agreement are not satisfied.
d_ That the development of annexed land must meet and comply with the
Ordinances of the City of Meridian and in particular Section 11-9-616, which
pertains to development time schedules and requirements, 11-9-605 M.
which pertains to the tiling of ditches and waterways, and 11-9-606 B 14
which pertains to pressurized irrigation.
e. That these conditions shall run with the land and bind the Applicant, the
titled owners, and their assigns.
f. Meet the requirements and conditions of the Findings of Fact and Conclus-
ions of Law and meet the Ordinances of the City of Meridian, which include
that the property mast be developed as a commercial or general planned
development or under the conditional use permit process.
g. That the Applicant is required to hook up to the sewer and water and
participate in the casts of extending the sewer and water services though
the payment of late-corner's fees.
Page 5
B. Proposed Conceptual Development Plan(dated: 10/11/23)
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F. Staff Recommended Development Agreement Provisions
The Development Agreement shall be signed by the property owner and returned to the Planning
Division within six(6)months of the date of City Council approval of the Findings of Fact, Conclusions
of Law and Decision&Order for the development agreement modification request. The DA shall, at
minimum,incorporate the following provisions:
1. Future development of the subject property shall substantially comply with the conceptual
development plans included in Section VII,the standards in the Unified Development Code, and the
provisions contained herein.
2. Mufflers shall be installed on all vacuums to mitigate noise impacts on the abutting hotel use to the
north.
3. Dense landscaping consisting of a mix of evergreen and deciduous trees and shrubs shall be
provided along the northern boundary of the site that allows trees to touch within five(5)years of
planting to mitigate noise from the proposed development to the hotel use on the abutting property to
the north.
4. The hours of operation of the vehicle washing facility shall be limited from 6:00 am to 10:00 pm to
mitigate noise impacts on the abutting hotel use to the north.
5. A 10-foot wide detached sidewalk shall be installed along E. Franklin Rd. on the subject property
and off-site on the adjacent property to the east owned by ACHD if consent can be acquired from the
property owner.
6. A 35-foot wide street buffer, measured from ultimate back of curb location, shall be provided along
E. Franklin Rd., an entryway corridor; and a 10-foot wide street buffer,measured from back of
sidewalk, shall be installed along N. Olson Ave., a local street. Landscaping shall be installed within
these street buffers in accord with the standards listed in UDC 11-3B-7C,including enhanced
landscape standards for entryway corridors(i.e. E. Franklin Rd.).
7. The future structure on the site and the layout of the site shall comply with the design standards
listed in UDC 11-3A-19 and in the Architectural Standards Manual.
8. The City Council requested the Applicant check into the possibility of entering into a license
agreement with ACHD for maintenance and/or improvements of/to the abutting property to the east
owned by ACHD.
Page 10