Sgroi Property MDA-11-007CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
C~~~E IDIAN~--
IDAHO
In the Matter of the Request to Modify the Existing Development Agreement for the Sgroi Property
to Extend the Time Period Allowed for the Agreement to be Signed, Located at 4405 E. Ustick
Road, by Nunzio Sgroi.
Case No(s). MDA-11-007
F'or the City Council Hearing Date of: September 27, 2011 (Findings on October 11, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 27, 2011, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 27, 2011, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 27,
2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 27, 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 (LC. §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 hnpact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-11-007
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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
Planning Department, the Public Works Department and any affected party requesting notice.
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 27, 2011, 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-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 to extend the time period in
which the agreement can be signed is hereby approved per the provisions in the attached Staff
Report for the hearing date of September 27, 2011, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The amended development agreement shall be signed by the property owner and returned to the
City within two (2) years of the City Council granting approval of the modification (iJDC 11-
SB-3D).
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 fmal 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 maybe adversely affected by the final action of the
governing boazd 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 September 27, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-1 I-007
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By action of the City Council at its regular meeting held on the 11 ~ day of
2011.
COUNCIL PRESIDENT DAVID ZAREMBA
COUNCIL VICE PRESIDENT BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-l 1-007
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EXHIBIT A
STAFF REPORT Hearing Date: September 27, 2011
TO: Mayor & City Council E IDIAN~--
FROM: Sonya Watters, Associate City Planner I D A H O
208-884-5533
SUBJECT: MDA-11-007 - Sgroi Property
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Nunzio Sgroi, requests approval to modify the existing development agreement
(MDA) to extend the time period allowed for the agreement to be signed. See Section IXAnalysis for
more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA to extend the period in which the agreement must
be signed until September 27, 2013.
a. ummarv of City Council Public Rearing:
1. In favor: None (no one testified)
ji, in onnosition: None
iii. Commenting: None
iy. A'ritten testimony: None
y, Staff nresentina aonlication: Rill Parcons
yi, Other staff cmmentinn nn aonlication: None
12. ev issues of Discussion by Council:
i. IYsne
c, Kev Council Chances to Staff/Commission Recommendation
L None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-11-
007 as presented in the staff report for the hearing date of September 27, 2011, with the fallowing
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-11-007 as
presented during the hearing on September 27, 2011, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number MDA-11-007 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 4405 E. Ustick Road, in Section 4, Township 3N., Range lE.
EXHIBIT A
B. Owner(s):
Nunzio Sgroi
4405 E. Ustick Road
Meridian, ID 83642
C. Applicant:
Same as owner
D. Representative:
Same as owner/applicant
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS EACT5
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Cade Title 11, Chapter 5.
B. Newspaper notifications published on: September 5, and 19, 2011
C. Radius notices mailed to properties within 300 feet on: September 1, 2011
D. Applicant posted notice on site by: September 17, 2011
VI. LAND USE
A. Existing Land Use(s) and Zoning: This property is currently asingle-family home, zoned Rl in
Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Residential property in City of Boise, zoned R-1 C and L-OD (Boise City)
2. East: Elementary school, zoned A-1 (Boise City)
3. South: Single-family residential properties in Redfeather Subdivision, zoned R-4
4. West: Rural residential property, zoned RUT in Ada County and single-family residential
properties in Redfeather Subdivision, zoned R-4
C. History of Previous Actions:
• In 2008, the City Council approved an annexation and zoning (AZ-08-011) application for
this property. A development agreement was required as a provision of annexation; however,
the applicant has not yet signed the agreement. Therefore, annexation of the property was not
finalized and the property remains in Ada County.
D. Utilities:
1. Public Works:
a. Location of sewer: Not applicable to this application.
b. Location of water: Not applicable to this application.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
EXHIBIT A
2. Hazards: NA
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land
Use Map. This designation allows smaller lots for residential purposes within the city limits. Uses
may include single-family homes at densities of 3 to 8 dwelling units per acre. The proposed R-8
zoning district complies with the medium density residential designation for this property. The
planned assisted living facility is a conditional use in the proposed R-8 zoning district.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Zoning Schedule of Use Control (UDC 11-2A): The anticipated assisted living facility is
considered a "nursing or residential care facility" per the Unified Development Code and as such,
is a conditional use in the proposed R-8 zoning district.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is for a modification to the Development Agreement (DA) to extend the time period
allowed for the applicant to sign the agreement.
Since the property received annexation and zoning approval from City Council, the property
owner has been in negotiations with potential buyers for the property. The applicant's reason for
annexing and zoning the property is to make it marketable for the development of an assisted
living facility. A conceptual site plan for such was approved with the annexation. He does not
wish to sign the DA and annex into the City until he has a buyer for the property. Thus, the
applicant requests a two year time extension to sign the agreement.
Staff recommends approval of the applicant's request.
X. EXIIIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Previously Approved Conceptual Development Plan
3. Previously Approved Conceptual Building Elevations
EXHIBIT A
Exhibit A.1: Vicinity/Zoning Map
EXHIBIT A
Exhibit A.2: Previously Approved Conceptual Development Plan
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Exhibit A.3: Previously Approved Conceptual Building Elevations
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