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Meridian Town Center MDA-11-012CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~~E IDIAN~-- IDAHO In the Matter of the Request for a Modification to the Development Agreement for Meridian Town Center, Located on the Northeast Corner of N. Eagle Road & E. Fairview Avenue, by Meridian CenterCal, LLC. Case No(s). MDA-11-012 For the City Council Hearing Date of: January 24, 2012 (Findings on February 7, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 24, 2012, 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 Cade, 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-1 I-o12 -1- 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 attached Staff Report for the hearing date of January 24, 2012, 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 modification to the development agreement is hereby approved per the Staff Report for the hearing date of January 24, 2012, 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 annexation and/or rezone (UDC 11-SB-3D). 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 two (2) year approval period (iJDC 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 January 24, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-11-012 -2- i--// By action of the City Council at its regular meeting held on the ~ day of ~`~1/ 2012. COUNCIL PRESIDENT DAVID ZAREMBA VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED (~ COUNCIL MEMBER KEITH BIl2D VOTED Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. B a Dated: a ~ 8 ~ ~ Ci Cler 's O Ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-11-012 -3- MAYOR TAMMY de WEERD VOTED_ (TIE BREAKER) EXHIBIT A STAFF REPORT Hearing Date: January 24, 2012 TO: Mayor & City Couneil E IDIAN~-- FROM: Sonya Watters, Associate City Planner I D A H-0 208-884-5533 SUBJECT: MDA-11-012 -Meridian Town Center (CenterCal Property) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Meridian CenterCal, LLC, requests approval to modify the development agreement (MDA) (Instrument No. 108131103 & 111055939) for the CenterCal portion of Meridian Town Center. The modification is proposed at the request of the Idaho Transportation Department (ITD) to clarify that land use applications are subject to their project specific comments and to include limitations on certificates of occupancy that tie improvements on Eagle Road to phasing of development. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as shown in Exhibit A H, ummarv m lacy i.ouncn runnc nearme; i, .wens Pnrslev (Attorney for the Annlicantl ii. In onoositian: None 111. Commenting: None 1S, wens Purslev (Attorney for the Annlicantl (response in agreement with staff renortl y, toff nresenting annlication: Sonya Watters Yl. Other staff commenting nn annlication: None lE. Kev Issues of Discussion by Council: i None r, Kev Council Changes 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-11-012 as presented in the staff report for the hearing date of January 24, 2012, with the following modifications: (Add any proposed modifications.) I further move to duect Legal Department Staff to prepare an amended Development Agreement for this property that reflects the changes noted in Exhibit A. Denial After considering all staff, applicant and public testimony, I move to deny MDA-11-012 as presented during the hearing on January 24, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number MDA-11-012 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 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the northeast corner of E. Fairview Avenue & N. Eagle Road, in the southwest '/n of Section 4, Township 3N., Range lE. B. Owner(s): Meridian CenterCal, LLC 7455 SW Bridgeport Road, Ste. 205 Tigard, OR 97224 C. Applicant: Same as owner D. Representative: Deborah Nelson, Givens Pursley, LLP 601 W. Bannock Street, Boise, ID 83702 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: January 2, and 16, 2012 C. Radius notices mailed to properties within 300 feet on: December 29, 2011 D. Applicant posted notice on site by: January 13, 2012 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is currently in the development process and is zoned C-G (General Retail & Service Commercial). B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential property zoned RUT in Ada County & vacant land approved for apartments, zoned R-40 2. East: Vacant property conceptually approved for multi-family residential & office uses, zoned C-G; and Kleiner Memorial Park in the development process, zoned C-G 3. South: Retail uses in Crossroads Shopping Center, zoned C-G 4. West: Vacant land conceptually approved for office & retail uses, zoned C-G C. History of Previous Actions: • The subject property is one of three properties included in the Meridian Town Center annexation (AZ-07-012). The subject property is governed under development agreement Instnunent No. 108131103. At the time of the annexation hearing, the northern portion of the site was within the Kleiner Family Trust ownership Instrument No. 109009630. • A variance (VAR-07-017) to UDC 11-3H-4 which prohibits new approaches from directly accessing a state highway at points other than the section line road and the half mile mark between EXHIBIT A section line roads was approved by City Council on Febmary 19, 2008. Two right-in/right-out access points and one right-in/right-out/left-in access points are allowed for access to/from the site via SH 55/Eagle Road. • A development agreement modification (MDA-11-002) was approved in 2011 to include a new conceptual development plan and changes to the text of the agreement. D. Utilities: 1. Public Works: No concerns E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use -Regional" (MU-R) on the Comprehensive Plan Future Land Use Map. The purpose of this category is to designate areas at prominent comers of major arterials for developments that provide a mix of employment, retail, and residential or public uses. The developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The subject 90+/- acre property, zoned C-G, along Eagle Road, a major arterial street, is proposed to provide.a mix of employment, retail, and residential uses consistent with the MU-R designation as shown on the conceptual development plan. 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. Four 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. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists uses that are principal pemritted uses, conditional uses, and prohibited uses in the C-G zoning district. No changes to specific uses are proposed with this modification. Certificates of Zoning Compliance have been issued for the project consistent with approved concept development plan in the DA. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is for a modification to the Development Agreement (DA) (Instrument No. 111052692) for Meridian Town Center. The proposed modifications are at the request of ITD and include a clarification that land use applications are subject to project specific comments from TTD as well as ACHD; and limitations on Certificates of Occupancy (C of O's) that are tied to phasing of development. No limitations on occupancy will apply to the first phase of developed area up to 680,000 square feet (s.f.). No C of O's for the second phase of development (that exceeds 680,000 s.f. up to 950,000 s.f) will be issued until Phase 2 highway construction is commenced by providing surety as referenced in the Sales Tax Anticipation Revenue (STAR) Reimbursement Agreement agreed upon by the developer, ACHD and ITD. No C of O's for the third phase of development (that exceeds 950,000 s.f.) would be EXHIBIT A issued until Phase 3 highway construction is commenced by providing surety as referenced in the STAR agreement. The applicant's proposed text changes are included in Exhibit A. Staff's recommendation is included in blue italicized text alter that proposed by the applicant. In summary, staff recommends approval of the proposed modification. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Applicant Proposed Changes to Development Agreement EXHIBIT A Exhibit A.1: Vicinity Map EXHIBIT A Exhibit A.2: Applicant Proposed Changes to Development Agreement Applicant'sproposedchangw are noted in blac/c strike-out/underline format, staff's recommendation is noted below in blue italics. SECTION 5 5.5 The applicant is required to comply with all ACRD and ITD conditions. City will not sign off on any occupancy cards without first receiving ACI3D's signature and sign-off. All applications on the Property are subject to ACHD's and ITD'S project specific comments, regardless of the type of application (i.e. condifional use permit, certificate of zoning compliance, etc.). No details related to access to the Property are approved with the subject annexation and zoning approval. The proposed access locations on the major arterials will be as approved by ACRD and ITD. Staff recommends approval of the proposed change SECTION 13 CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by City. No Certificates of Occupancy shall be issued that would bring the total amount of Owner/Developer's occupancypermitted space (whether retail, commercial, residential or other to any amount exceedin¢ 680,000 total developed square feet unless and until Owner/Developer has commenced the second nhase of construction by~roviding the surety referenced in Section 3.4 of the Sales Tax Anticipation Revenue Reimbursement Agreement agreed to by the Owner/Developer, ACRD and 1TD ("STAR Agreement"). No Certificates of Occupancy shall be issued that would bring the total amount of Owner/Developer's occupancy_permitted space (whether retail commercial, residential or otherl to anv amount exceeding 950 000 total developed square feet unless and until Owner/Develoyer has commenced the third phase of construction by providing the surety referenced in Section 3.4 of the STAR Agreement. Staff recommends approval of the proposed change.