Centrepointe MDA-12-007CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~jQ~E IDIZ IAN~-
~J
In the Matter of Development Agreement Modification to Amend the Concept Plan and Certain
Provisions of the Recorded Development Agreement (Instrument #106191305) for Centrepointe
Subdivision, Located on the Northwest Corner of E. Ustick Road and N. Eagle Road, by W.H.
Moore Company.
Case No(s). MDA-12-007
For the City Council Hearing Date of: October 23, 2012 (Findings on November 7, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 23, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 23, 2012, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 23,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 23, 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 (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-12-007
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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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 23, 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 development agreement modification is hereby approved per the
conditions of approval in the attached Staff Report for the hearing date of October 23, 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
(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 October 23, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-12-007
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By action of the City Council at its regular meeting held on the ` day of
2012.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
VOTED
VOTED
VOTED
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By: Dated: ~ I d--
lerl Office
CITY OP MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-12-007
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EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
October 23, 2012
Mayor and City Council
E IDIAN~--
1DAHC}
SUBJECT:
Bill Parsons, Associate City Planner
208-884-5533
MDA-12-007 -Centrepointe
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, W.H. Moore Company, requests approval to amend the conceptual development plan and
associated provisions in an existing development agreement (DA) to allow the development of a multi-
family residential within the Centrepointe Subdivision.
See Section VII Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed development agreement modification. The Meridian City
CnLncil hParA this item on October 23, 2012. At the public hearing. the Council approved the subiect
MDA reg uest.
~,. S~mm?rv of City Cou ncil Public Hearinu:
y In favor: Jonatha n Seel
11. In oRnosition: Ci ndy Rowe
jji. Commenting: Le nny Rnwe and Elizaheth Coope r in opposition
jy. Written testimon y: Ed Bollinger and Wal1Y Hed rick in opposition
y~ , taff presenting a nnlication: Bill Parsons
y~ ether s aff cnmm pntin~ on annlication: Pete Fri edman
]~ Icy Issues of Discuss ion by Council:
~ Ri ' ,~ c .thacks alo the wect boundary.
jj, Pedestrian conne ction to Champion Park Subdi vision.
jjl. p~no e,~d height of the multi-family structures.
jy~ $gg or an entryway monument sign.
~_ ~~Council Change s to Staff Recommendation
L Council modified DA provision 5(g) that requi res a 20-foot wide landscape buffer along
e northern b oundary for multi-family de velopment but allows patio. balconies
(including any su pportinn columns and their f ootinnsl. roof overhangs, and ornamental
architectural tL iectionc, to nroiect not more th an 10 feet into the landscape buffer.
1L Council added a new DA provision that require s the applicant to fence off the Champion
Park Subdivision micronath from the future mu lti-family development.
114 Attached a gene ral multi-family concept elan that illustrates the building setbacks in
relation to the no rth and west i2rSLA~y boundar y (Champion Park and Jasmine Lapel.
iy. Council modified new DA provision 5(j~ that r equires the owner and the city to discuss
placement and co st sharing for the "Welcome t o Meridian" sign after the City establishes
the final desiun a nd cost of the sign.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-12-007 as
Centrepointe MDA-12-007
EXHIBIT A
presented in the staff report for the hearing date of October 23, 2012, with the following modifications:
(Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-12-007 as presented
during the hearing on October 23, 2012, for the following reasons: (You should state specific reasons for
denial.)
Continuance
I move to continue File Number MDA-12-007 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 on the northwest corner of Eagle Road and Ustick Road, in the SE'/a of
Section 32, Township 4N., Range lE.
B. Owner(s):
Blue Marlin Investments, LLC
1940 Bonito Way, Suite # 160
Meridian, ID 83642
C. Applicant:
Jonathan Seel, W. H. Moore Company
1940 Bonito Way, Suite #160
Meridian, ID 83642
D. Applicant's StatementlJustification: 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 1, and 15, 2012
C. Radius notices mailed to properties within 300 feet on: September 28, 2012
D. Applicant posted notice on site by: October 11, 2012
VI. LAND USE
A. Existing Land Use(s) and Zoning: This property is vacant commercial land, zoned C-G
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: County residences,. zoned RUT (Ada County)
2. East: Commercial property, zoned A-1 and C-1D (Boise City)
3. South: Vacant commercial property, zoned C-G
4. West: Single-family residential properties in Champion Park Subdivision, zoned R-8
C. History of Previous Actions:
• In 2003, the property was annexed (AZ-03-025) into the City with the C-G zone. A development
agreement was required with the annexation of the property. Several addendums (MI-OS-017 and
Centrepointe MDA-12-007
EXHIBIT A
MI-06-008) have been processed as well. This will be the third addendum to the recorded
development agreement for the subject property.
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: No issues or concerns from the Public Works Department.
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities.
2. Hazards: NA
3. Flood Plain: NA
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is for an amendment to an existing development agreement (DA) to allow for the
development ofmulti-family residential on the site. The amendment includes a new concept plan and
changes to associated provisions of the DA. Note: The submitted concept plan depicts the general
location for the future multi family development (see Exhibit A.3).
The original concept plan envisioned commercial uses for the entire Centerpointe development (see
Exhibit A. 2). As such, restrictions were placed on the development to ensure compatibility with the
adjacent residential uses to the west and north. Currently, the DA prohibits multi-family developments,
limits the height of the structures along the western and northern boundary to 35 feet and requires a 25-
foot wide landscape buffer along the northern boundary.
The applicant is requesting the following modifications to the provisions in the development agreement
(Instrument # 106191305) in strike-out/underline format: (Staff's comments are shown below in italics)
• 4.1.c -Strike ° '°'°~^'°"+
Staff is in agreement with the proposed change. The subject property is designated mixed-use
regional (MU-R). The purpose of this designation is to provide a mix of employment, retail and
residential dwellings. The MU-R designation encourages residential uses to comprise 10% of
the development area. Removing the prohibition of a multi family development from the DA
supports the vision of the comprehensive plan.
Further, the property is zoned C-G. The Unified Development Code (UDC) requires a
conditional use permit for multi family development. Modification to this provision would only
provide an option for the applicant to apply for a conditional use permit.
S.e -Exclusive of any public street ,driveway stub and any future multi-family development, a
25-foot wide landscape buffer designed in accordance with UDC 11-3B-9 shall be constructed
adjacent to Jasmine Lane along the northern boundary of the subject property '
~~ ~~ -a +t- ~ --'~ ~ ~ ~ ~ *~° *~°~*°r ~~*° Plar-. For commercial development
abutting Jasmine Lane, this landscape buffer shall include a berm and six foot solid fence. For
multi-famil dement abutting Jasmine Lane a 10-foot wide landscape buffer shall be
constructed in accordance with UDC 11-3B-9. In addition to the landscape buffer, trash
compactors or loading docks shall be prohibited along the north side of any future buildings
located along the northern boundary of the subject property.
Centrepointe MDA-12-007
EXHIBIT A
Staff is in agreement with the proposed change. This site abuts residential property along the
western and northern boundary. The applicant has already obtained approval to reduce the
landscape buffer along the western boundary from 25 feet to 10 feet with a previous
development agreement modification. The northern portion of the site abuts a private street
(Jasmine Lane). The private street easement is SO feet wide. Under the UDC a private street is
treated as a local street and would not require a 25 foot landscape buffer as the street serves as
adequate buffering to the adjacent residential uses. By ordinance a 10 foot landscape buffer is
required along local/private streets in the C-G district. Additionally, the UDC allows the buffer
between commercial and residential uses to be reduced by City Council during the public
hearing.
The C-G zone also has no requirements for building setbacks however; the specific use
standards for multi family developments require a minimum setback along the perimeter of the
development to be10 feet.
Staff has received written testimony from the Jasmine Acres Homeowner's Association in
opposition of the proposed changes to the development agreement. The nearest residence along
the northern boundary would be approximately I1 S feet.
Within the SO foot wide Jasmine Lane easement (south side of the road), there is approximately
a 20 foot wide landscape strip that could be landscaped. If this area where landscaped in
addition to the 10 feet the applicant is proposing, a 30 foot wide landscape buffer could be
provided. Staff encourages the applicant coordinate with the homeowner's association to see if
this is a feasible solution to address their concerns.
• S.h. -Future commercial buildings along the western and northern property boundaries
~ , Q ~, ~n °~a +i.° r ...:,., ~,,,, r°^*°~Champion Park Subdivision and Jasmine Lane) as
~''^~-~^ ^~ *'~° "~°~*°~ ~~*° ^'°^ shall not exceed 35 feet in height. Future multi-family buildings
along the western and northern property boundaries (Champion Park Subdivision and Jasmine
Lane) shall not exceed 40 feet in height.
As mentioned earlier, the property is zoned C-G. The maximum height limit in the C-G zone is
65 feet. Since the requested height modification is below the maximum height requirement of
the C-G zone and is proposed only for any future multi family development, staff is in
agreement with the requested change. Additionally, the proposed 40 foot height restriction is
consistent with the maximum building height in the R-15 zone.
• Add new provision -Prior to the issuance of the certificate of occupancy for the first
commercial buildin a~ butting N Eagle Road (northeast corner of the Centrepointe North
development pad 25 or pad 26) the applicant shall construct and maintain a "Welcome to
Meridian" entr~way monument sign The applicant shall coordinate with staff on the design of
the sign.
The City has identified this site for a future entryway monument sign to be located on the
northeast corner of the Centrepointe North development. Since the DA is being modified staff is
of the opinion that the entryway monument sign should be incorporated as part of the
development. It is important to note that the final design and construction specifications have
not been finalized but draft documents are currently under review.
Staff recommends approval of the applicant's request and recommends the DA provisions be modified
in accord with Exhibit A.4.
X. EXHIBITS
A. Drawings/Other
Centrepointe MDA-12-007
EXHIBIT A
1. Vicinity/Zoning Map
2. Approved Concept Plan
3. Proposed Concept Plan and General Multi-family Concept
4. Staff Recommended Changes to Development Agreement
Centrepointe MDA-12-007
EXHIBIT A
Exhibit A.1: Vicinity/Zoning Map
Centrepointe MDA-12-007 6
EXHIBIT A
Centrepointe MDn-12-007
EXHIBIT A
Exhibit A.2: Approved Concept Plan
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Centrepointe MDA-12-007 8
EXHIBIT A
Exhibit A.3: Proposed Concept Plan
Centrepointe MDA-12-007
EXHIBIT A
General Multi-family Concept
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Centrepointe MDA-12-007 10
EXHIBIT A
Exhibit A.4 -Staff Recommended Changes to Development Agreement
The changes to the Development Agreement recommended by Staff are shown below in strike-out/underline
format.
4. USES PERMITTED BY THIS AGREEMENT:
4(b) -Future construction on the subject site shall be generally consistent with the Master Site Plan
submitted with MI-06-008, as determined by the Planning Director. All lots with frontage on Eagle
Road, and all lots that border the western and northern property boundaries shall contain freestanding
buildings. If a future proposed building is not generally consistent with the Master Site Plan, then the
building shall be required to obtain Conditional Use Permit approval. With respect to multi-family
development attached as Exhibit A 3 is an example of an acceptable site layout for the northwest
section of the Propet-t~
4.1(c) -Strike
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special conditions:
5(e) -Exclusive of andpublic street or driveway stub a landscape buffer designed in
accordance with UDC 11-3B-9 shall be constructed adjacent to Jasmine Lane along the
northern boundary of the subject property as follows For commercial development this
landscape buffer shall be 25 feet wide and include a berm and six foot solid fence For multi-
family development. this landscape buffer shall be 20 feet wide• provided however that
patios. balconies (including any supporting columns and their footings) roof overhangs and
ornamental architectural proiections. may proiect not more than 10 feet into the landscape
buffer. In addition to the landscape buffer, trash compactors or loading docks shall be
prohibited along the north side of any future buildings located along the northern boundar~f
the subject property
5(h) -Future buildings along the western and northern property boundaries (abutting Champion Park
Subdivision or Jasmine Lane) shall in the case of commercial development not exceed 35 feet in
height, and in the case of multi-family development not exceed 40 feet in height
5(j) -Developer agrees to rg ant a permanent easement to City for the construction and maintenance bX
City of glow-profile "Welcome to Meridian" monument sign fronting Eagle Road at a location selected
by Developer within the northerly 380 feet of the Prope frontage based on sign criteria
mutually acceptable to City and Developer The Developer has also agreed to enter into discussions
with the City on a potential cost-share arrangement for the entrvwav_ sign after the Citv has established
the cost and earance of the si n.
5(k) -The applicant shall fence off the Champion Park mircopath from the future multi-family
development unless it is the desire of the Champion Park neighborhood that the micropath connection
remain open.
Centrepointe MDA-12-007 11