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Meridian Vision MDA-11-003CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~E IDIAN~-- IDAHO In the Matter of Request for a Modification to the Development Agreement for Meridian Vision fka Hoyd Property), Located on the Northeast Corner of N. Meridian Road & Carmel Drive, by ( Dr. Kevin McElroy. Case No(s). MDA-11-003 For the City Council Hearing Dates of: April 19 and 26, 2011(Findings on May 17, 2011) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 26, 201 1, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri126, 2011, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 26, 2011, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 26, 2011, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian plaruung 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-I 1-003 I- at the Cit has anted an order of approval in accordance with this Decision, which shall be 6. Th y gr si ed b the Ma or and City Clerk and then a copy served by the Clerk upon the applicant, the gn Y Y Plannin De artment, the Public Works Department and any affected party requesting notice. g p That this a royal is sub'ect to the provisions in the attached Staff Report for the hearing date of 7. pp J A ril 26 2011 inco orated by reference. The provisions are concluded to be reasonable and the p ~ a licant shall meet such requirements as a condition of approval of the application. pp C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA 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 development agreement modification is hereby approved per the provisions in the attached Staff Report for the hearing date of April 26, 201 1, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting the modification. A modification to the development agreement maybe 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 two (2) year approval period (UDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. 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 April 26, 2011 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-1 l -003 _2_ By action of the City Council at its regular meeting held on the ~ day of V t> h~ , 2011. COUNCIL PRESIDENT DAVID ZAREMBA COUNCIL VICE PRESIDENT BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIlZD MAYOR TAMMY de WEERD (TIE BREAKER) ~- , ~ oRPO~q a ~. ~j .~G wr t O ~'' Attest: ~ a~ ~ ~ a ~ G~ .~.~. ~ ~ r ~5~• o Ci ler ~'O~AI tY , ~o~~ J icy J , ~- de Weerd VOTED VOTED~~ VOTED (~~ ~ VOTED VOTED A{%7~ N~ /~ NYoR Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: ~ ~ Dated:~p~ ~ ~ ity Cl s Office ~7~T CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). MDA-11-003 -3- EXHIBIT A STAFF REPORT Hearing Date: Apri126, 2011 E I~I~,N~- (Continued from April 19, 2011) TO: Mayor & City Council 1 t3 ~A N ~i FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: MDA-11-003 -Meridian Vision (fka Hoyd Property) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dr. Kevin McElroy, requests approval to modify the existing development agreement (MDA) (Instrument No. 107067262) for the subject property to include a new conceptual development plan and building elevations. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA with the amended conceptual site plan, building elevations, and provisions listed in Exhibit A. ~_ ~~y of City Council Pnhlic Hearin: ~ In favor: None Tn onnosition: None Cnmm n ink: None ~_ Writ en testimony: Brian Garrett. Annlicant'c Re~recentatiye ~, Staff nresentin~ aunlication: Pete Friedman yis Other r+aff rnmmpntin4 nn annlication: None ~ Ivey Issues of Disc»ssion by Council: ~~ ~_ j~~y Council Cha ges to Staff/Commission Recommendation i~ ~ III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number MDA-11- 003 as presented in the staff report for the hearing date of April 26, 2011, with the following modifications: (Add any proposed modifications.) Ifurther move to direct Legal Department Staff to re are an amended Development Agreement for this property that reflects the changes noted in PP Exhibit A. Denial After considering all staff, applicant and public testimony, I move to deny MDA-11-003 as presented during the hearing on Apri126, 2011, for the following reasons: (You should state specific reasons for denial. } Continuance I move to continue File Number MDA-11-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Exhibit A EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: ro ert is located on the northeast corner of N. Meridian Road & Carmel Drive, in The subs ect p p y the southwest 1/ of Section 6, Township 3N., Range lE. B. Owner(s): McElroy Investments, LLC 3022 E. Green Canyon Drive Meridian, ID 83642 C. Applicant: Dr. Kevin McElroy 1012 N. Main Street Meridian, ID 83642 D. Representative: Brian Garrett, Erstad Architects 420 W. Main Street, #202 Boise, ID 83702 E. A licant's Statement/Justification: Please see applicant's narrative for this information. pp V. PROCESS FACTS A. The sub' ect a lication is for a development agreement modification. A public hearing is required J pp before the Cit Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. Y B. Newspaper notifications published on: April 4, and 1 1, 2011 C. Radius notices mailed to properties within 300 feet on: April 1, 2011 D. Applicant posted notice on site by: April 8, 2011 VI. LAND USE A. Existin Land Use(s) and Zoning: This site consists of vacant undeveloped property in the C-C g (Community Business) zoning district. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Residential property, zoned C-C 2. East: Residential properties in La Playa Manor Estates Subdivision, zoned R-8 3. South: Carmel Drive & vacant property, zoned RUT in Ada County 4. West: Vacant rural residential property, zoned RUT in Ada County C. History of Previous Actions: • The subject property was annexed (AZ-06-062) in 2007 and zoned C-C. A development agreement was approved as a provision of annexation (Instrument No. 1081311037067262). D. Utilities: 1. Public Works: a. Location of sewer: Stubbed to the property from N Meridian Road. Exhibit A EXHIBIT A b. Location of water: Located in E Carmel Dr. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: An open canal runs along the east boundary of this site. 2. Hazards: The open canal along the east boundary of the site may represent a hazard to young children. 3. Flood Plain: A small portion of this site along the east boundary lies within flood zones XS and AE; the AE portion lies within a flood way. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. The purpose of this category is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. The subject 1.12 acre property, zoned C-C, is proposed to develop with a 2, 70o square foot office building with a pad for future development as shown on the conceptual development plan, consistent with the Commercial designation. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Allowed uses in the C-C district consist of larger scale and broader mix of retail, office, and service uses. Properties should have access to arterials or nonresidential collector streets. The subject property proposed for office uses is located adjacent to Meridian Road, an arterial street; the proposed office use is consistent with the future land use map designation of "Commercial " for this property. B. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists uses that are principal pernutted uses, conditional uses, and prohibited uses in the C-C zoning district. An office building is proposed on the concept plan along with a building pad for a future structure. Office uses are classified in .the UDC as a professional service and are a principal permitted use in the GC zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is for a modification to the Development Agreement (DA) to update the conceptual development plan, building elevations and construction materials for the future structure. Since the original DA was recorded, the property has changed ownership. The former owner had planned to construct a two story, 14,000 square foot office building on the site. The new owner wishes to develop the property with a single story 2,700 square foot office building with an additional 5,000 square foot building pad for future development. Therefore, a modification to the DA is necessary to update the development plan & building elevations. The current DA requires an easement to be recorded prior to issuance of Certificate of Zoning Compliance (CZC) that grants cross-access to the property to the north The applicant requests an amendment to the agreement to allow the easement to be recorded prior to issuance of Certificate Exhibit A EXHIBIT A of Occupancy instead. The reason is so that they can proceed with submittal of the CZC without delay. Staff is amenable to this request. Staff has also included a few minor amendments to the DA along with reasons for the changes in Exhibit A.6. In summary, staff is of the opinion that the proposed amendments are in keeping with the spirit and intent of the original development agreement and recommends approval of the proposed modification. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Previously Approved Conceptual Development Plan (dated: l2/28/06) 3. Proposed Conceptual Development Plan (dated: 4/12/11) 4. Previously Approved Conceptual Building Elevations 5. Proposed Conceptual Building Elevations (dated: 4/12/11) 6. Proposed Changes to Development Agreement Exhibit A EXHIBIT A Exhibit A.l :Vicinity Map Q ~ ~pf ~ ~ ~ R C ~ f ~ ~~F f 0~~ p _ ... , , ~ J ~ w ~I R ~ , a > ~ ~ a~~ ~ ~ ~ ~~ /,,,,~~ , „ ~ W ~ c z ~ aP E5 r ~ J ~~~ ~ %~~ /~; E ,JAMES COURT ~ RT n~ E - -, / ~///~ ii ~ ~ %/~ R ~ JAfi1E5 CUU ~ Q ~ a ,,, ~ ~ z ~ ~~ ~ ~ W WILLOWBROOK DR ~ ~ %,,, G' y „~:, ,,~-,,,,. y ~Q W r~~~'ANr o ~ , 0 ~ ~~ ~ ~ E ELBRiDGE 5T 4~ z ~ ~ W CRANMER DR ~ z ~ ~LQRIpGE ST a ,,~,~ ~ ~1 2 ~~ ~s~ 1'0 Z~ 0~ w E CARMEL DR w ~p~P E BARBARA DR %, ~ ~P~ / ~ ~' F _ ~ ,,, 4~. z z E JOY CIR ,~ w ~ ~~,, Z ~;,..~T,. //, ~ z ~,. Z F` -~ p W CHERRY LN = ~ .~ ~ Q ~ ~ -~ v ~ Z o ~ ~, a o ~ z ~ ~ ~ M A W W ~ Z ~ ~~ W CHERRY LN ~,P~ ~- ~~ z ~~ E LYNN QR z'~~kF~'i~r~i~'i~', , ,: . ~~~ w °~"'<.. 9 E fA1RV1EW AVE E FAIRVIEW AVE ~: W Exhibit A EXHIBIT A Exhibit A.2: Previously Approved Conceptual Development Plan dated:12/2 ( 8/06) ~~~a 0 r~ ,c~ w ~~~ ArI~ Af Ike rat Exhibit A EXHIBIT A Exhibit A.3: Proposed Conceptual Development Plan (dated: 4/12/11 ,'.: ,. .~rw, 6 ~,~,+® "".,. ..,-W „ .. +~C`~- `,. ~ ,,. M ~~~!. ~~~. ,~ ~~ ,,. ,~ . _~ ~~ ~~~~ ~~ ~~~ ~~~~~~ ~~~~ ~~ ~~ of ~~ •1'~ ~ ..~ ,V ~~~ .i ~ w ~e ~ u ~ w~ ^oa a~w~ ~~~~ ~ a oe~un ~x s+a ~r~s is au ran rmr~ ^ e~, ~~ ~; nrYkrc ~~~~ ~, ~~~~~~ ~~~ ~~; ~. 1M pNA X1,11 '...n~~\ 416 14 YVy t v .~ ~1t y f ' ........ ~, ,..... .. .i.,n.i... ..~...~...ii ~x.r ~.,w,....., ...i.~.._ ,~ a, N ,' ~ 3 f. ~ ~~ N ~ .~~ ~ ~ ~ 's ~ . f 4 t ,, .. M ~ { M1~ I 'A ~~i ii iii'iiii ii~ , I ~. ;. ~ ~~ ' 4 F ,~ ~~ k ?i ~ 1`~ ~° v ~ 1y 1 f 'S i ~ ~ ~ ~ ; . ~ ,,5 !~ ~ ' aai~+iiciiiiiii~ i ~'. ~ ,,I 3~ ~ t J t ~ ~~ ;, i r Exhibit A EXHIBIT A Exhibit A.4: Previously Approved Conceptual Building Elevations Front Elevation: a Side Elevation: • ~ . nd « » • . Roofing material will b a 40-veer he avy arcbitectnral acnhalt chingle in a late or • ill be Ener~v tar®.low- ,, color-coordinat .r~ hpa~ n vinyl Exhibit A EXHIBIT A Exhibit A.S: Proposed Conceptual Building Elevations (dated: 4/12/11 ~~ a Tr ~~ t; s~ ZY ~~ I~~ Y_'IYI!{ NEt~ t~ ..!^ •Y~ti.~ Y~.~,r .mot :v;:,':- ~'~'"''}.f~• ~::...i Y.s": it >r .:.1:.:_. Y ~ S~~ f ~ . .v ti ~~~ ~~ ~~ ~~ 4 l.~.tw, Ig~lt~""~.... t~.r.. +.1. IM YiYttF t1LL ~~ erbnJ_nc~be~ r~^ „~; * wr~..w.e ww.r ~ ~t~rrwrue M~w11rn~ ~~~ ~~~~ a41fpM~ ~~ f~ ~~ P.~ t! =e ~a ~~ „~1 ~ '_l~..~ rl~tll~ ~ ~ ~~~ 1+ ~, y,~ ~. ~ Aw!r .1. ~ ~F~'t . ~ Y,'t: t~:~ u.t r Iu~Yt~l~ I '1 r~.•i 1:":: rw wr n `' . ~ '~ `~~" ~~ rran ~YIIt1~leA w VrY. 1 118'tl~~t..t~ Mlr w ar ^w.a~s ~' ,.I'~~~ ~ 1! « MI.! IR ~. ~ ~Il..r* d11tNY Y h I ~. . EXHIBIT A Exhibit A.6: Proposed Changes to Development Agreement Applicant's proposed changes are noted in strike-out/underline format; staff's recommended changes are noted in double strike-out/double underline format. Staff's comments are italicized. Staff has included all of sections 4 and S, including the portions not proposed to change (shown in regular type), for Council's benefit. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed inthe C-C zonin district_under the City's Zoning Ordinance codified as Meridian Unified Develo ment Code 11- 2B-2 P § ._ Staff recommends this section be modified as shown. The previous use approved or the ro er f p p tY was office, not retail; however, there are also other uses listed in UDC 11-2B-2 that are allowed in the C-C zoning district. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developersha1l develop the Property in accordance with the following special conditions: 1. Across-access easement to Carmel Drive shall be provided to the property ~ to the north (~°~~'~~~~ T~~~ Parcel No. 51106336012). Prior to issuance of Certificate of ~~ Occu anc on this site, submit a recorded copy of said cross-access easement to the Planlung Department. The applicant requests approval to submit a copy of the recorded easement prior to occupancy rather that issuance of CZC to allow additional time to draft and record the easement. Staff is amenable to this request. Because ownership of property changes, Staff recommends including a parcel number instead of owner name. 2. The hours of operation for future businesses on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts on the existing residences to the site. 3. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property. Concurrentl the a licant shall btain a ministrative desi review a royal of the r osed structure s and site in accord with the standards listed in UDC 11 3A 19 and the _~_ sidelines listed in the Meridian Design Manual. Since this property was annexed, design standards have been adopted which are applicable to all new development. 4. All future development of the subj ect property shall comply with City of Meridian ordinances in effect at the time of development. EXHIBIT A 5. Any future building on the site shall substantially comply with the conceptual elevations and construction materials submitted to the City as shown in Exhibit A of the Staff Report. A change to the elevations ~ construction materials are proposed as shown in Exhibit A.S; this provision shall refer to the amended plan included in this report, 6. The detailed site plan submitted with any CZC application on this site shall substantially comply with the conceptual development plan submitted to the City as shown in Exhibit A of the Staff Report. A change to the conceptual development plan is proposed as shown in Exhibit A.3; this provision shall refer to the amended plan included in this report. 7. The applicant shall be responsible for all costs associated with sewer and water service installation. 8. No direct lot access to Meridian Road shall be allowed to this site. 9. Upon development of the property, a minimum 25-foot wide landscape buffer shall be constructed along N. Meridian Road. The landscape buffer shall be placed on the subject property, in accordance with the UDC standards. 10. Upon development of the property, a minimum 10-foot wide landscape buffer shall be constructed along Carmel Drive. The landscape buffer shall be constructed in accordance with the UDC standards. 11. Upon development of the property, construct a minimum 25-foot wide landscape buffer adj acent to any existing residential uses which abut this site. 12 ~a~.~,~,,,~ ~,~; „,-,. ; ~~; „ ;a ~,.. _,~,,T ~~„~;a:~~, ~,.,.a ~,~a r~~,., In accord with the Meridian Pathways Master Plan. a 10-foot wide multi-use pathway is reauired to be constructed along N. Meridian Road. Five-feet may be added to the existin sidewalk to satisfy this requirement similar to the pathway constructed on the property to the north at 1990 N. Meridian Road An attached sidewalk already exists along Meridian Road and Carmel Drive; therefore, the requirement is not necessary. Staff recommends the pathway requirement be added instead consistent with the Meridian Pathways Master Plan. 13. Any new building on this site shall be required to receive elevation certification. 14. The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. 15.100 Watt and 250 Watt. high-pressure sodium street lights shall be reauired per the City of Meridian Department of Public Works Improvement Standards for Street Li htin~. All street lights shall be installed at developer's expense. Final design shall be submitted to the Public Works De artment fora r ved. The street li ht c ntractor shall obtain the a rove desi on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform tojthe ISPWC and the it of Meridian Supplemental Specifications to the ISPWC. This condition has been added as new design requirements have been approved requiring this installation. EXHIBIT A 16. A portion of this development lies within the Meridian Floodplain Overlay District. The applicant will be required to submit a Floodplain Development Permit and secure approval before any construction can begin. Permit approval may require development of Base Flood Elevations. mapping of the floodplain and / or floodwav boundaries. and analysis of the effect of the development on the floodplain. Applicant should reference City Flood Damage Prevention Code and coordinate with the Floodplain Administrator to verify requirements. This condition has been added as new design requirements have been approved requiring development in the floodplain to be certified before construction. EXHIBIT A Replace the existing conceptual development plan shown in Exhibit A of the development agreement with the updated plan proposed in Exhibit A.3 of the subject staff report. Replace the existing conceptual building elevations & construction materials shown in Exhibit A of the development agreement with the updated plan proposed in Exhibit A.5 of the subject staff report.