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Cope Subdivision MDA-13-014CITY OF MERIDIAN E IDIAN~- FINDINGS OF FACT, CONCLUSIONS OF LAW --+•~ AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification to Amend the Recorded Cope Subdivision Development Subdivision for the Purpose of Attaching a New Conte t Plan and p Building Elevations, by Quadrant Consulting Inc. Case No(s). MDA-13-014 For the City Council Hearing Date of: September 17, 2013 (Findings on October 1, 2013) A. Findings of Fact 1, Hearing Facts (see attached Staff Report for the hearing date of September 17, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 17, 2013, into orated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 17, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearin g date of September 17, 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 (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, b y ordinance, established the Impact Area and the Amended Comprehensive Plan of the Ci 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 im ose p 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-13-014 -I- EXHIBIT A Cope Subdivision MDA--13-014 Page 4 Exhibit A.l -Vicinity/Zoning Map CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~.~Vl E IDIAN~- ~~~~o In the Matter of the Request for a Development Agreement Modification to Amend the Recorded Cope Subdivision Development Subdivision for the Purpose of Attaching a New Concept Plan and Building Elevations, by Quadrant Consulting Inc. Case No(s). MDA-13-014 For the City Council Hearing Date of: September 17, 2013 (Findings on October 1, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 17, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 17, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 17, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 17, 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 (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. l 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 comments}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-13-014 -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 provisions in the attached Staff Report for the hearing date of September 17, 2013, incorporated by reference. The provisions are concluded to be reasonable and the applicant shall meet such requirements 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 is hereby approved per the provisions in the attached staff report for the hearing date of September 17, 2013, 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(s) and returned to the City within two (2) years of the City Council granting the approval (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 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. E. Attached: Staff Report for the hearing date of September 17, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-014 -2- By action of the City Council at its regular meeting held on the 2013. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD (~fi 1 day of ~'~ ~~... , VOTED VOTED VOTED. ~ QI, VOTED_`J~~ Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. --- Dated: (l7 - 1 - 1 ~ Ci Cle •k s ffice `- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-O14 -3- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) EXHIBIT A STAFF REPORT HEARING DATE: T0: FROM: SUBJECT: September 17, 2013 Mayor and City Council Bill Parsons, Associate City Planner (208) 884-5533 MDA-13 -014 -Cope Subdivision ~.~Vl E IDR IAN~~-, rnuF~o I. SUMMARY DESCRIPTION OF REQUEST The applicant, Quadrant Consulting Inc., is requesting to amend the recorded Cope Subdivision development agreement (instrument # 107005525) for the purpose of attaching a new concept plan and building elevations to the existing agreement. II. SUMMARY RECOMMENDATION Staff recommends approval of the development agreement modification application as detailed in Section VII of the staff report. he Meridian Citv Council heard this item on September 17.2013. t the public hearing. the Council approved the subject MDA reauest. III. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve file number MDA-13- 014, as presented in staff report for the hearing date of September 17, 2013, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a Development Agreement for this site that reflects the changes noted in Exhibit A.S. Denial After considering all staff, applicant, and public testimony, I move to deny file number MDA-13-014, as presented during the hearing on September 17, 2013. (You should state why you are denying the request.) Continuance I move to continue file number MDA-13-014 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 near the northeast corner of S. Meridian Road and E. Overland Road and in the southwest'/4 of Section 18, Township 3 North, Range 1 East. Cope Subdivision MDA-13-014 Page 1 EXHIBIT A B. Applicant/ Nick Kraus, Quadrant Consulting, Inc. 1904 W. Overland Road Boise, ID 83705 C. Owner(s): Meridian Auto Mall, LLC 8854 W. Emerald Street, Suite #260 Boise, ID 83704 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is a request for a development agreement modification. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: August 26, and September 9, 2013 C. Radius notices mailed to properties within 300 feet on: August 23, 2013 D. Applicant posted notice on site by: September 3, 2013 VI. LAND USE A. Existing Land Use(s): The subject property is vacant commercial property, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by commercial development except for the residential subdivision to the south. C. History of Previous Actions: • The property received annexation, preliminary plat and final plat (AZ-06-037, PP-06-035 and FP-07-007) approval to develop a 4 lot commercial development. A development agreement (DA), recorded as instrument # 107005525, was required at the time of annexation approval. The approved concept plan depicts a hotel site and two (2) retail pad sites. Conceptual building elevations were also approved and tied to the DA. • A certificate of zoning compliance (CZC-13 -103) has been issued to commence with the site work consist with the approved concept plan. VII. STAFF ANALYSIS The applicant is requesting to modify the recorded development agreement (DA) approved for the Cope Subdivision. At the time Council approved the project, the previous owner envisioned a hotel site and two (2) retail pad sites. The approved concept plan consists of the following: • a 64,904 square foot hotel, oriented towards Meridian Road, • a 10,100 square foot multi-tenant building and • a 3,072 square foot multi-tenant building. The approved elevations coincide with the conceptual site plan. The proposed building materials include stucco siding, metal roofing, decorative cornices, fabric awnings and brick veneer wainscot. To ensure the site developed with a cohesive design theme, the Council required all of the buildings on the site obtain design review approval. Council's intent was to have a high quality development adjacent to the Meridian Road corridor (see Exhibit A.2). Cope Subdivision MDA-13-014 Page 2 EXHIBIT A The new owner has a different vision for the property and intends on developing the property in multiple phases. The first phase will consist of 10,800 square foot vehicle sales and service facility with an adjacent 15,500 square foot building pad to the west to allow for future expansion. Additionally, two (2) pad sites, one consisting of 4,100 square feet and the other 1,600 square feet, are proposed along Overland Road that may develop with a retail car wash facility and restaurant/drive-through use. In the interim, a maj ority of the site will be paved and used for vehicle display. The aforementioned uses are principally permitted uses within the C-G zoning district (see Exhibit A.3). The new elevations attached as Exhibit A.4 represent the design for the vehicle sales and service facility. The proposed building materials include a mixture of metal siding, split face block and a glass store front oriented internal to the development. No other elevations were submitted with the application. The same owner operates the Meridian Ford dealership and is planning an expansion for that facility (currently under review). The design of the proposed facility is meant to emulate the design proposed for the Meridian Ford site. Since the applicant is proposing a cohesive design theme between both developments, staff is supportive of the proposed elevations. Future structures on the site are required to obtain design review approval and comply with the structure and site design standards set forth in UDC 11-3A-19 and the design guidelines contained in the Meridian Design Manual. To move forward with development of the site as proposed by the applicant, staff recommends the following modifications to the recorded DA: 1. Update the owner information throughout the document to reflect the new owner listed above. 2. Modify provision #7: ' .Construction of the 10,800 square foot vehicle sales and service facility shall substantially comply with the conceptual elevations attached in Exhibit A.4. 3. Modify provision #8: P -~ ' °,~~ „~vTtriarti~ae~ '~°~maira» ~° `~"~"°v~ .. ~~~ t~~~c-~~~ . Development of the prope ,shall substantiallyply with the concept plan attached in Exhibit A.3. Future development of the three (31 bad sites shall comely with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Staff recommends approval of the development agreement modification with recommended changes attached in Exhibit A. S . VIII. EXHIBITS A. MapslOther 1. Vicinity/Zoning Map 2. Original Concept Plan and Building Elevations 3. Proposed Concept Plan 4. New Legal Description 5. Recommended Development Agreement Changes Cope Subdivision MDA--13-014 Page 3 EXHIBIT A Exhibit A.l -Vicinity/Zoning Map ~~.. ~°~ 1100 `'` yw 530 \ '~~~ J ---~--- ,._....~..._. _...__.. ..._. r ~~ j' ,, 82 650 ~4 Interstate $4 .. ;~ . • w~ ~h ~.~ ' ~~ to ~'~ 1455 1420 __ 250 300 400 500 400 ~ ~ ~ 1470 ` S~ S .,~ .............__ ......,.~ , ~ ~s °'~ ~ 3 1518 `f' 1565 250 a 1535 ~~ 1575 ~~ ~ 1585 0 ' 164 ' ~ ~ 0 ~ 525 ~ r6?3 ~ M ~ •- 1625 ' ~ O X69 ~ 1675 ~ `i ~, O ,~ 4N ~ry h~~ '~ 6 ~~ n 3 `'' ~ 1713 ,j h ' .................. _.._...._.._, h 16~ \ p1 305 265 1761 1737 20 ~ 1 ~ ~D .c ~ -~~ ~..~ ~ M 176 0 ''`~ ,,~~ ,~~h~ ~j q ' 6 h y b 0 31 1728 ~ h~ ~ bti 11 ' ` \ 1815 1823 ~ ~1 ~, ,'' ? ~ ~ 1~~ \~ '~~~~ b b 0 ~ \ ~ ti `, o ~ Oq 1749 .'` ~ b tit b~ bO b 0 b \' ,~g ~ y ~ D ~ 1800 ~ ,v 63 ......... _.._........._. .1819 Cope Subdivision MDA-13-014 Page 4 EXHIBIT A Cope Subdivision MDA-13-014 s ~a ~~ ~qa0 Page 5 Exhibit A.2 -Original Concept Plan and Building Elevations EXHIBIT A ®~nerimx. BI~.QI~Ci #2 t 8 a ° -+ 0 ..~1~ I Y. 61~'IIM 9EYAiW . ~~~ 9 2 1 -~-Y C ~ O •wy~wwr '.•irL~':. •`11 :.',:.tip' •itiCry Yf~irliµ~. 3.I'.r s .;,r ,...7.ri. ~. J .y .r',1'. i. Ji t~i~ '. v: ~~~ J . 4*y ~Ai • a ml®IJaeea - v- -- BUILDWG #3 Cope Subdivision MDA-13-014 Page 6 EXHIBIT A Exhibit A.3 -Proposed Concept Plan 1 ~ ~ l ~ ~ g~~ FDA CtXNV'f Y tMGF~IfAY OI~TitICCT ''%f ~ 1 ``' r--~ ~ ~~ FMK t ICE i%' ~. ; 1 ~~ ~ e ~~~ ~ ~ ~ 'f: t , AXIQM FRf~Sl3 ~ ~ ~~ '` °_, ', `:~ S tOt1NTRY 'BRACE PL • ' w. ww.w.w •. .~..ww ww~wwww~w~.,w •r rwrww M I ~ 1 ~~ r 1 KENDI1l.L RED ~ ^ IIIR ~ i ``I '' ~ , A(~4NG 43! SPACES ~;n j ~ I FtiA~ i ~! f 1 ~ T©1'Al 1 ~ i ; ,, ~ ~` ~ i1t,[i li { ' ~ ~ r"--- TOTAL E4 AREA ~l,000 SF ~ 1 ~`.:.s'' : j ~ i iER4lf~i FAf:'1.RY ~ ~ ~ ~" r ~ 1y, 10dOQ.7F Q 1 1i~i f i. AfI~CES ~(r:j ~ ( tl ~-- ~~ ~i N ti ~( ~.(I 3 - _ -'~-er~+-_*r~-- ... ~...~ ~ r ~w_ ~ .. ~ ~~ ~ ~ ~....- - ~ .~..-• "rte -_~ ~ ___ww_____ I11 ~ 1~ ~', t , 'v ~ ~: 1 V ' ~ + j i I k: '~{ 1 1 '~ <,~'4 1 ^ Vin, ~~; j ( ~~1 1 ; t r~ rsx~ ~ .1 l [~4 ,d ~ ' ~'~~! ~; ~ I 1 ~ t~ ~::i KEf~fLll~Ll. F4)RD ~: ~' ~, i ~ y~ ~i isMa ~~ !~ ,~r,cn I i ~ ! j ~ ~ ~;.~ ~ j ~~ ~ ~_.__._. c~ s------- ~ r' •, ~,~a .~ ,.,~ E OV~IRtD ROAD ...... «~ ..w. ww. ~.. ww..w........w ww. w~ .w. ww. ww......~ ,.w w...._ .r. ww...w w. ,. ww. ww..... w. ,.~ ww. w. r_ ww..~ w. a..«..t neAn CVftIV~" 1 ~~ ~~~ r~~fVl MM~p.1bW w~naa DA-SP Cope Subdivision MDA-13-014 Pa e g~ EXHIBIT A Exhibit A,4 -Proposed Building Elevations i ~ " ~e ~ ~ ~ , , , , ~f ~ . .~ ~. ~ ~~~ i Cope Subdivision MDA-13-014 Page 8 ~~ ~, ~ ,~ ~ .~ AlA , l i 1 I I 1 I I ~ 1 ~ 1 I 1 ~ ~ ~ EXHIBIT A Exhibit A.5 -Recommended Development Agreement Chan es g 1) Update the owner information in the development agreement to Meridian Auto Mall LLC. 2) Modify provision #7: Construction of the 10,800 square foot vehicle sales and service f ' ' acility shall substantially comply with the conceptual elevations attached in Exhibit A.4. 3) Modify provision #8: Development of the property shall substantiall com 1 with the co Y p y ncept plan attached in Exhibit A.3. Future development of the three (3) ad sites shall com 1 with p p y the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Desi gn Manual. Cope Subdivision MDA-13-014 Page 9