Meridian & Amity - MDA-11-010CITY OF MERIDIAN ~ IDI /~ N~
FINDINGS OF FACT, CONCLUSIONS OF LAW j j"'~j~I ~-
AND I D A H O
DECISION & ORDER
In the Matter of the Request to Modify the Draft Development Agreement for the Meridian and
Amity Property to Extend the Time Period Allowed for the Agreement to be Signed, Located on the
west side of S. Meridian Road between W. Amity Road and W. Harris Street, by Hawkins
Companies.
Case No(s). MDA-11-010
For the City Council Hearing Date of: October 25, 2011 (Findings on November 9, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 25, 2011, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 25, 2011, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 25,
2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 25, 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 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-11-010
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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.
7. That this approval is subject to the Conditions of Approval attached in the Staff Report for the
hearing date of October 25, 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 October 25, 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 (UDC 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 maybe 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 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 October 25, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-11-010
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By action of the City Council at its regular meeting held on the ~_ day of ~tTfP.wi~4,/,
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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Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By: ~V lttiC'.+/1,~/~/~ ~~`+~ Dated: (~''~~'~
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-11-010
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EXHIBIT A
STAFF REPORT Hearing Date: October 25, 2011 '~j
TO: Mayor and City Council E IDIA,t ~1
FROM: Bill Parsons, Associate City Planner I D A H O
208-884-5533
SUBJECT: MDA-11-010 -Meridian and Amity
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Hawkins Companies, requests approval to modify the draft 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 7, 2013.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-11-
O10 as presented in the staff report for the hearing date of October 25, 2011, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-11-010 as
presented during the hearing on October 25, 2011, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number MDA-11-010 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 site is located on the west side of S. Meridian Road between W. Amity Road and W. Harris
Street in the southeast % of Section 25, Township 3 North, Range 1 West.
B. Owner(s):
Hawkins Companies
855 W. Broad Street, Suite 300
Boise, ID 83702
David Frost
5405 Highway 30 South
New Plymouth, ID 93655
C. Applicant:
Hawkins Companies
855 W. Broad Street, Suite 300
TVM Inc.
PO Box 3304
Nampa, ID 83653
Meridian andAmity-MDA-11-010 - 1 -
EXHIBIT A
Boise, ID 83702
D. Representative:
Same as applicant
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
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 Code Title 11, Chapter 5.
B. Newspaper notifications published on: October 3, and 17, 2011
C. Radius notices mailed to properties within 300 feet on: September 29, 2011
D. Applicant posted notice on site by: October 13, 2011
VI. LAND USE
A. Existing Land Use(s) and Zoning: A majority of the property is currently being used for
agricultural purposes. There is one parcel which is developed with an office building in the
County. All parcels are zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Meridian Heights Subdivision; zoned R6 (Ada County)
2. East: Valley Storage, zoned RUT (Ada County)
3. South: Rural Residences and Agricultural land, zoned RUT (Ada County)
4. West: Rural Residences and Agricultural land, zoned RUT (Ada County)
C. History of Previous Actions:
• In 2008, the City Council approved a Comprehensive Plan Map Amendment (CPA-08-004)
to change a portion of the property from medium density residential to mixed-use regional.
• In 2008, a variance application (VAR-08-008) was submitted concurrently with the
annexation application that requested three (3) access points to Meridian Road. This
application was continued multiple times so the applicant could seek approval from ITD on
the proposed access points. ITD's Director denied the access permit and the applicant
withdrew the variance application to pursue litigation.
• In 2010, the City Council approved an annexation and zoning (AZ-08-005) application for a
73 acre mixed-use development. The 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
2. Hazards: NA
Meridian and Amity - MDA-11-010 - 2 -
EXHIBIT A
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES
This property is designated "Mixed-use Regional" on the Comprehensive Plan Future Land Use
Map. The purpose of this designation is to provide a mix of employment, retail, and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses,
including residential and to avoid predominantly single use developments such as a regional retail
center.
The following standards now apply to the mix-use regional designation: 1) Residential shall comprise
a minimum of 10 % of the development area; 2) Retail uses shall comprise a maximum of 50% of the
development area; 3) There is neither a minimum nor maximum imposed on non-retail commercial
uses such as office, clean industry or entertainment uses; 4) Where the development proposes public
and quasi-public uses to support the development, the developer may be eligible for additional area
for retail development beyond the fifty percent based on specified ratios.
Sample uses may include all MU-N and MU-C categories, entertainment uses, major employment
centers, clean industry and other appropriate regional-serving uses.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Residential Zone (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.
Purpose Statement of Commercial Zones (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. Six (6) districts are designated which differ in the size and scale
of commercial structures accommodated in the district, the scale and mix of allowed commercial
uses, and the location of the district in proximity to streets and highways.
B. Residential Schedule of Use Control: UDC Table 11-2A-2 requires multi-family developments to
obtain CUP approval in an R-15 zoning district.
Commercial Schedule of Use Control: UDC Table 11-2B-2 lists uses that are principal permitted
(P), accessory (A), and conditional (C) or prohibited (-) uses within the proposed L-O, C-C and
C-G districts.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is for a modification to the Development Agreement (DA) to allow the applicant two
(2) years to sign the agreement. The DA has not been signed because the applicant is still
exploring options on gaining three (3) access points to Meridian Road with I'TD. If ITD grants
approval of the access points, the applicant is still subject to the provisions of the UDC restricting
access to state highways and must obtain City approval (variance) for access to Meridian Road.
A conceptual site plan was proposed with the annexation of the property that depicts the proposed
access points to Meridian Road (see Exhibit A.2). A concurrent variance application was
submitted seeking Council approval of the access points but was withdrawn by the applicant. The
City Council's motion on the annexation approval included aright-in/right-out only at the quarter
mile. Formal approval of the access point was predicated on the approval of the submitted
variance. Approval of the annexation did not vest the property with access to Meridian Road.
Meridian and Amity - MDA-11-010 - 3 -
EXHIBIT A
Therefore, the proposed access points should be omitted so the plan complies with the standards
for developments along state highways (UDC 11-3H-4). If the applicant elects to sign the DA
then a revised concept plan is required.
Staff still believes the proposed mixed-use development will be a benefit to the residents living in
south Meridian. Therefore, Staff recommends approval of the applicant's request with the
addition the applicant submit a revised concept plan removing the three access points and
the modification to DA provision #14 requiring access to Meridian Road comply with the
standards outlined in the UDC (see Exhibit A.4 for Staff s recommended changes).
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Conceptual Development Plan
3. Proposed Conceptual Building Elevations
4. Proposed Changes to the Development Agreement
Meridian and Amity - MDA-11-010 - 4 -
EXHIBIT A
Exhibit A.l: Vicinity/Zoning Map
Meridian and Amity - MDA-1 1-010 - 5 -
EXHIBIT A
Exhibit A.2: Proposed Conceptual Development Plan
Meridian and Amity - MDA-1 1-010 - ~ -
EXHIBIT A
Meridian and Amity-MDA-11-010 ' ~ -
Exhibit A.3: Proposed Conceptual Building Elevations
EXHIBIT A
Exhibit A.4: Proposed Changes to Development Agreement
Staff recommends the following changes to the development agreement:
1. The time period in which the agreement must be signed by the owner shall be extended until
September 7, 2013.
2. Prior to DA approval, the applicant shall replace the current concept plan attached in Exhibit
A.2 with a new concept plan that depicts no access to Meridian Road.
3. DA provision #14 shall read: Any access to Meridian Road shall be in accord with UDC 11-
3H.
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