Medina Subdivision MDA-13-007CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIAN_--
In the Matter of the Request for an Amendment to the Development Agreement for Medina
Subdivision, Located at the Southwest Corner of W. Overland Road and S. Meridian Road (SH 69),
by William & Mar3~ Howell; Meridian Promenade P1, LLC; and Jack in the Box.
Case No(s). MDA-13-007
For the Cih~ Council Hearing Date of: May 7, 2013 (Findings on May 22, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 7, 2013, incorporated by
reference)
Z. Process Facts (see attached Staff Report for the hearing date of May 7, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 7, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 7, 2013, 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 (1.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 1 1 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 C ity of
Meridian, which was adopted April 19, 2011, Resolution No. 1 1-784 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 ofapproval are imposed.
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
CI"I~Y OF MF,RIDIAN FINDINGS OF FAC'T'. CONCLUSIONS OF LAW AND DF,CISION & ORDFR
CASE; NO(S). MllA-13-007
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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 May 7, 2013, 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 § 1 1-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 an amendment to the development agreement is hereby approved
per the provisions in the attached Staff Report for the hearing date of May 7, 2013, attached as
Exhibit A.
D. Notice of Applicable Time Li-nits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner(s) and returned to the City
within two (2) years of the City Council granting the modification (UDC 11-SB-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
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.
Attached: Staff Report for the hearing date of May 7, 2013
CI"I~Y OF MF,RIDIAN FINDINGS OF FACT- CONCt,USIONS OF LAW AND DF,CISION & ORDFR
CASE; NO(S). MllA-13-007
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By action of the City Council at its regular meeting held on the 2i2i~ day of ,
2013. --~~~
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
/f~/7~
de Weerd
Attest:
Gty of
' IDPDO
Clerk ~F
,~
rF4 °T f d e T 0.E'°9~Pt
VOTED
VOTED (~~
VOTED~ii ~~
VOTED_~t ~-
VOTED Q
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By: Dated:~j '~3 ' 13
I y Cler ~. Office
CITY OF MEKIDIAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DECISION & ORDEK
CASE NO(S). MllA-13-007
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EXHIBIT A
STAFF REPORT Hearing Date: May 7, 2013
TO: Mayor& City Council E IDIAN~ ''
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: MDA-13-007 -Medina Subdivision (aka Meridian Gateway)
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicants, William & Mary Howell; Meridian Promenade Pl, LLC; and Jack in the Box, lnc., request
approval to amend the existing development agreement (MDA) for Medina Subdivision. The development
agreement (DA) currently requires, among other provisions, all future uses on each lot to obtain conditional
use permit approval. The applicant"s request is to remove the conditional use permit requirement for all lots
within the subdivision. See Section IXArxrlysis for more infor°r~nrtiorr.
iI. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the changes shown in Exhibit A.2, attached.
The Meridian Citv Council heard this item on Mav 7. 2013. At the public hearina. the
Council aaaroved the subject MDA reauest.
~_ Summary of Ciri• Council Public Hearing:
j In favor: None
ii. In oonosition: None
iii. Commenting: None
iv.Written testimony: None
v_= taff nresentin~ annlication: Sonya Wafters
vi Other staff commenting on annlication: None
~, Kev Issues o~f~D~ipscussion by Council:
i ~ifi" i
~ Kev Council Changes to Staff Recommendation
i, None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, 1 move to approve File Number MDA-13-007 as
presented in the staff report for the hearing date of May 7, 2013, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-13-007 as
presented during the hearing on May 7, 2013, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number MDA-13-007 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:
Medina Subdivision MDA-13-006
EXHIBIT A
The subject property is located at 1625, 1653, 1737, 1761 and 1823 W. Overland Road at the southwest
corner of S. Meridian Road (SH 69) and W. Overland Road, in the NE '/4 of Section 24, Township 3N.,
Range 1 W.
B. Owner(s):
Meridian Promenade Pl, LLC
P.O. Box 1159
Deerfield, 1L 60015
William & Mary Howell
P.O. Box 1277
Boise, ID 83701-1277
Jack in the Box
9330 Balboa Avenue
San Diego, CA 92123-1516
C. Applicant:
Same as owner
D. Representative:
Jeff Huber, White-Leasure Development Company
8385 W. Emerald Street
Boise, ID 83704
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 1 1, Chapter 5.
B. Newspaper notifications published on: April 15, and 29, 2413
C. Radius notices mailed to properties within 300 feet on: April 1 1, 2013
D. Applicant posted notice on site by: April 19, 2013
V><. LAND USE
A. Existing Land Use(s) and Zoning: Medina is a 6-commercial lot subdivision. One of the lots, a portion
of the subject property, has been developed with a Walgreen's pharmacy and retail store; the remainder
of the site is undeveloped.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: Single-family residential properties
exist to the south of this site, zoned R-8; Lowe's building supply store exists to the west, zoned C-G;
Overland Road and Meridian Road abut the site on the north and east sides of the property with
commercial uses across the road.
C. History of Previous Actions:
• in 2005, this property was annexed and zoned (AZ-04-031) with a C-G zoning district under the
name of Meridian Gateway. A development agreement was approved as a provision of the
annexation, recorded as Instrument No. 105134293.
• In 2006, this property received tl~e following approvals:
Medina Subdivision MDA-13-006
EXHIBIT A
Variance (VAR-OS-027) for one right-in/right-out access via SH 69/Meridian Road.
r% Conditional use permit (CUP-06-O15) for adrive-through establishment for the Walgreen's
pharmacy in a C-G zoning district.
• in 2007, this property received the following approvals:
Modification to the existing development agreement (MI-07-002, Instrument#107099630) to
allow one right-in/right-out access via S. Meridian Road.
- Preliminary plat (PP-07-003) consisting of 6 commercial building lots on 8.06 acres of land in a
C-G zoning district.
- Final plat (FP-07-023) consisting of 6 commercial building lots on 8.06 acres of land in a C-G
zoning district.
• In 2008, a conditional use permit (CUP-08-021) was approved for adrive-through establishment for
amulti-tenant building proposed on the lot to the west of Walgreen's. An 18 month time extension
(TE-10-012) to commence the use approved with the CUP was approved in 2010. Another time
extension (TEC-11-004), for two years, was approved in 2011 and will expire on 9/4/13 unless the
use is commenced or another time extension is requested and approved.
D. Utilities:
1. Public Works:
a. Location of sewer: Sewer was installed to each lot with development of the subdivision.
b. Location of water: Water was installed to each lot with development of the subdivision.
c. Issues or concerns: NA
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: NA
3. Flood Plain: NA
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is to amend the existing Development Agreement (DA) (Instrument No. 1 05 1 34293 &
107099630), which currently requires all future uses on each lot to obtain (detailed) conditional use
permit (CUP) approval. The applicant"s request is to remove the CUP requirement and add language
stating all future uses that conform to the C-G zone would be approved and that any firture uses with
drive-thru windows within 300" of a residential building require a conditional use permit.
The applicant states the reason for the request is because the property is bordered on three sides by
commercial uses. Additionally, requiring a CUP for each new use that is in conformance with the C-G
district is time conswning, costly, and burdens staff with additional work.
At the time this DA was approved (2005), the City did not have design standards; this project pre-dates
the UDC. Therefore, conditional use permit approval was required to ensure quality of design of the site
and structures. Because the City now has design standards that are applicable to future development of
this site, there is no need for detailed CUP review and approval except for when such is required by the
UDC for the use. Adrive-thru establishment proposed within 300 feet ofanother drive-thru facility, an
existing residence or a residential district is required to obtain CUP approval per UDC 1 1-4-3-1 1.
Medina Subdivision MDA-13-006
EXHIBIT A
Because the current UDC provisions cover the intent of the DA for this property, staff recommends this
provision be stricken in its entirety; or, if Council desires to retain the CUP language, Staff
recommends changes that are consistent with UDC requirements (see Exhibit A.2).
Staff is supportive of the change to the DA requested by the applicant as a~r~er~ded by staff in Exhibit
A.?.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Amendment to Development Agreement
Medina Subdivision MDA-13-006
EXHIBIT A
Exhibit A.1: Vicinity Map
Medina Subdivision MDA-13-006
EXHIBIT A
Exhibit A.2: Proposed Amendment to Development Agreement
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Staff s recommended change:
5.
Medina Subdivision MDA-13-006