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Connections Credit Union - MDA-13-023CITY OF MERIDIAN E IDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW ~-~' AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification for the Purpose of Attaching a New Concept Plan and Building Elevations to the Recorded Development (Instrument #110111935), Located on the Southeast Corner of W. Pine Avenue and N. Ten Mile Road, by Slichter Architects Case No(s). MDA-13-023 For the City Council Hearing Date of: January 7, 2014 (Findings on January 21, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 7, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 7, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 7, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 7, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Plamling Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Coluicil 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. ] I-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § l l-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 FAC'T', CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-023 -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. That this approval is subject to the amended conditions in the attached Staff Report for the hearing date of January 7, 2014, incorporated by reference. The modification is 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 is hereby approved per the provisions in the attached Staff Repo--t for the hearing date of January 7, 2014, 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 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 tiule 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 January 7, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-023 -2- By action of the City Council at its regular meeting held on the ~~ day of , 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED '- COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED '~ COUNCIL MEMBER JOE BORTON VOTED ~~ e- COUNCIL MEMBER LUKE CAVENER VOTED p~~2 COUNCIL MEMEBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~~~ ~~~~ ~~~~~At~:n,gt~~a~sTr Mayor Ta de Weerd Attest: `~' 9° ~ c~,y at ,D~~~n ~~ ~~lhc '!'RE~S~'~ Copy served upon Applicant, The Planning Department, Public Works Depa--tment and City Attorney. B = Dated: ~ - ~ 3 - I City le fice CITY OF MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-023 -3- EXHIBIT A STAFF REPORT HEARING DATE: January 7, 2014 '(~ '~"~ TO: Mayor and City Council ~ ~j~~1~t 'Y ""'' FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: MDA-13-023 -Connections Credit Union at Ten Mile I. SUMMARY DESCRIPTION OF REQUEST The applicant, Slichter Architects, is requesting to amend the recorded development agreement (DA) (instrument #110111935) approved with the rezone of the property (RZ-]0-001) forthe purpose of attaching a new concept plan and building elevations to develop the remaining three (3) undeveloped commercial lots north of the existing Fast Eddy's fuel facility. The proposed amendment only relates to t/ze development of't/ie northern/undeveloped portion of the site and does not affect the previous «pprovals and/or other DA provisions pertaining to the southern portion (Fast Eddy's) oft/ze site. II. SUMMARY RECOMMENDATION Staff recommends approval of the development agreement modification application as detailed in Section VII of the staff report. The Meridian Citv Council heard this item on anuarv 7 2014. At he public hearing, the ouncil approved the ~biect MDA reaue t. ~, ummarv of Citv ouncil Public rip i In favor: Chad lichter In oQnosition: None Commenting: None i~ Written to timony: None ys taff nresentin~ annlication: Bill Par on Yi ther staff commentin on annlication: None ~_ ev Issues of Discu ion by ouncil: i None ~ Kev Council Changes to Staff Recommendation i None III. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve file number MDA-13- 023, as presented in staff report for the hearing date of January 7, 2014, 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.4. Denial After considering all staff, applicant, and public testimony, I move to deny file number MDA-13-023, as presented during the hearing on January 7, 2014. (You should state why you are denying the request.) Continuance I move to continue file number MDA-13-023 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 southeast corner of W. Pine Connections Credit Union at Ten Mile -MDA-13-023 Page 1 EXHIBIT A Avenue and N. Ten Mile Road in the southwest'/4 of Section 11, Township 3 North, Range I West. (Parcel #'s 81581790072, 81 5 8 1 790040 & 81581790054) B. Applicant Chad Slichter, Slichter Architects 6611 E. Ustick Road Boise, ID 83704 C. Owner(s): Truce, LLC 3649 N. Lake Harbor Lane Boise, ID 83703 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: December 16, and 30, 2013 C. Radius notices mailed to properties within 300 feet on: December 12, 2013 D. Applicant posted notice on site by: December 28, 2013 VI. LAND USE A. Existing Land Use(s): The subject property is vacant commercial property, zoned C-C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: There are existing multi- family developments along the north and east boundaries of this site; zoned R-15. The property to the west is currently developed with rural residences, zoned RUT in Ada County however; future mixed use development may occur based on the City's Future Land Use Map. The property to the south is developed with convenience store, fuel facility and vehicle wash facility; zoned C-C. C. History of Previous Actions: In 2003, this property received annexation (AZ-03-009), preliminary plat (PP-03-010) and conditional use pel7nit (PD) approval to develop a mix use project consisting of twenty-eight (28) residential lots, three (3) commercial lots and five (5) common lots known as The Courtyards at Ten Mile Subdivision. A development agreement (Inst. No. 103184142) was recorded at the time of annexation. Later that year, a final plat (FP-03-064) was approved consistent with the aforementioned applications. In 2010, the City approved a rezone (RZ-10-001) of the commercial lots from the C-N zoning district to the C-C zoning district. A new development agreement (DA) was required with the rezone approval and recorded as instrument # 1 1 01 1 1 935; it replaced the DA approved in 2003. At the time of rezone approval, a concurrent development application (CUP-10-007) was approved that allowed the southern portion of the site to develop with a Fast Eddy's convenience store, fuel sales facility and vehicle washing facility. Since no new development was proposed for the northern portion of the site, the recorded DA requires an amendment once development is proposed. VII. STAFF ANALYSIS Concept Plan: The applicant is requesting to modify the recorded development agreement (DA) approved with the rezone of the property. At the time Council approved the rezone, specific Connections Credit Union at Ten Mile - MDA-13-023 Page 2 EXHIBIT A development plans were not submitted for the northern portion of the site thus, a provision of the recorded DA requires the approval of a concept plan prior to commencing with development on the northern/undeveloped portion of the site. Based on the specific provision, the applicant has submitted a concept plan (see Exhibit A.2) that depicts two (2) commercial pad sites as follows: • The northwest pad site depicts a bank with adrive-through. On the submitted plan, the square footage of the building may range in size between 4,000 and 4,500 square feet and three (3) drive-through lanes. • The northeast pad site depicts amulti-tenant retail building with associated drive-through. On the submitted concept plan the proposed building may range in size between 4,000 and 4,800 square feet with two (2) drive-through lanes. Without the drive-through use the square footage of the building may increase up to 6,800 square feet. NOTE: The proposed drive-through uses are not approved with flze saabject application and will be evaluated wilt a fixture conditions! arse permit application which is scheduled for the January 16°i P/Z hearing. Council approval is regarired on tlae DA modification prior to Corramissioaa action on the CLIP application. Elevations: The applicant has submitted a sample photo of an existing bank. The attached photo (see Exhibit A.3) represents the proposed design of the future bank. The proposed building materials include a mix of brick, stone, metal siding and glass. The proposed building materials are consistent with the design standards set forth in UDC 11-3A-19. At this time, no other building elevations have been submitted with the subject application. The applicant would like to have the flexibility in the design of the future retail building. The goal is to have a cohesive design theme between the two future buildings and the existing Fast Eddy's convenience store to the south as intended by the recorded DA. Provision #1 in the recorded DA requires all future structures on the site to 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. DA Modification: In general staff is supportive of the concept plan, building square footages and sample photo proposed with the subject application. To move forward with development of the site as proposed by the applicant, staff recommends the following modifications to the recorded DA: 1. Modify provision # 1: Future construction and development of the bank and retail pad site shall comply with the standards listed in UDC 11-3A-19 and the objectives and guidelines of the Meridian Design Manual in effect at the time of development. 2. Modify provision #7: ~., b '~~~~~~+'~° ~~+° Development of the northern/undeveloped portion of the site shall substantially comply with the concept plan and sample photo attached in Exhibit A.2 and A 3 3. Add provision #8: Any futtire drive-through use on the site shall comply with the specific use standards set forth in UDC 11-4-3-11. Staff recommends approval of the development agreement modification with recommended changes attached in Exhibit A.4. VIII. EXHIBITS A. Maps/Other 1. Vicinity/Zoning Map Connections Credit Union at Ten Mile - MDA-13-023 Page 3 EXHIBIT A 2. Proposed Concept Plan 3. Proposed Building Elevations 4. Recommended Development Agreement Changes Connections Credit Union at Ten Mile - MDA-13-023 Page 4 EXHIBIT A Exhibit A.1 -Vicinity/Zoning Map Connections Credit Union at Ten Mile - MDA-13-023 Page 5 EXHIBIT A Exhibit A.2 -Proposed Concept Plan Connections Credit Union at Ten Mile - MDA-13-023 Page 6 EXHIBIT A Exhibit A3 -Proposed Building Elevations E~ Connections Credit Union at Ten Mile - MDA-13-023 Page 7 EXHIBIT A Exhibit A.4 -Recommended Development Agreement Changes 1) Modify provision # 1: Future construction and development of the bank and retail pad site shall comply with the standards listed in UDC 11-3A-19 and the objectives and guidelines of the Meridian Design Manual in effect at the time of development. 2) Modify provision #7: Development of the northern/undeveloped portion of the site shall substantially comply with the concept plan and sample photo attached in Exhibit A.2 and A3. 3) Add provision #8: Any firture drive-through use on the site shall comply with the specific use standards set forth in UDC l 1-4-3-11. 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