Kennedy Commercial Center - MDA-14-003CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
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In the Matter of the Request for a Development Agreement Modification to Exclude the Subject
Property from the Existing Development Agreement (Instrument #108119853) and Enter into a
New Development Agreement to Develop the Property with a Mix of Office, Retail and Multi-
family Uses, Located on the North Side of W. Overland Road and West of S. Stoddard Road, by
Derlc Pardoe.
Case No(s). MDA-14-003
For the City Council Hearing Date of: March 25, 2014 (Findings on Apri18, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 25, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 25, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 25, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 25, 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
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, 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 requited 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-I4-003
-I-
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 development agreement provisions all in the attached staff
report for the hearing date of March 25, 2014, incorporated by reference. The provisions 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 for Kennedy Commercial
Subdivision is hereby approved per the conditions of approval in the attached staff report for
the hearing date of March 25, 2014, 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 the modification (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 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 March 25, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-14-003
-2-
By action of the City Council at its regular meeting held on the
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE
COUNCIL VICE PRESIDENT KEITH BIRD
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
day of ~ ,
VOTED ~;, _
VOTED
VOTED
VOTED
VOTED
VOTED ~ ~' , ~' °°'
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VOTED
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~~ -~M~yor Tammy de Weerd
Attest: ~ , ~~;-
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cee Iman, City Clerk ., ~ `v~ ~' ~~ ~ ,~rr~
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°~fhe l6t ~`_.
Copy served upon Applicant, The Planning Department, Public Worlcs Department and City Attorney.
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By: __ ~ ~~-__._ _. Dated: `~ (q ~y ~ ~I
City ler 's f ic~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-14-003
-3-
EXHIBIT A
STAFF REPORT
HEARING DATE: March 25, 2014
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
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SUBJECT: MDA-14-003 -Kennedy Commercial Center
I. SUMMARY DESCRIPTION OF REQUEST
The applicant, Derk Pardoe, is requesting to amend the recorded development agreement (DA)
(instrument #108119853) approved with the rezone of the property (RZ-08-003) for the purpose o£
1. removing the subject property from the existing DA and entering into a new DA; and
2. develop the property as a mixed use development consisting of office, multi-family and
retail uses.
For informative purposes the applicant has provided a concept plan and sample elevations that
represents the future design of the proposed development.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the development agreement modification application as detailed in
Section VII of the staff report. The Meridian City Council heard this item on March 25.2014. At
the public hearin>?, the Council annroved the subiect MDA reauest.
..~, ummarv of City Council Public Hearin:
1, n favor: Wendy Shrief, Kelly Hoga
~i In opposition: None
1i~ Commenting: None
~ ritten testimonv:.Tav Story
y, staff presenting a~plication:.Tustin Lucas
then staff commenting on application: None
.~,. Ke Issues of Discussion by Council:
i Multi-Family adiacent to the interstate. Sound impact from the interstate.
.~, Kev Council Changes to Staff Recommendation:
~. Mowed previously annroved access point to Overland Road to remain.
11.. eauired the applicant to construct a 25' landscape buffer on their property to buffer
the residential uses from the existing Industrial Zoned iLi2erty to the west.
III. PROPOSED MOTION
Approval
After considering all staff, applicant, and public testimony, I move to approve file number MDA-14-
003, as presented in staff report for the hearing date of March 25, 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 provisions noted in Exhibit A.6.
Denial
After considering all staff, applicant, and public testimony, I move to deny file number MDA-14-003,
as presented during the heating on March 25, 2014. (You should state why you are denying the
request.)
Continuance
Kennedy Commercial Center - iVIDA-14-003 Page 1
EXHIBIT A
I move to continue file number MDA-14-003 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 site is located on the north side of W. Overland Road, west of S.
Stoddard Road in the southwest '/a of Section 13, Township 3 North, Range 1 West. (Pat•cel #'s
84885160020,84885160030,84885160040,84885160050,84885160062,84885160070,
84885160080 and 84885160090)
B. Applicant/Owner:
S.A.N.C. Investments, LLC
3454 Stone Mountain Lane
Sandy, UT 84092
C. 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: March 3, and 17, 2014
C. Radius notices mailed to properties within 300 feet on: February 28, 2014
D. Applicant posted notice on site by: March 14, 2014
VL 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 developed and undeveloped commercial and industrial properties, zoned
C-G and I-L. The property on the south side of Overland Road has been approved for amnexation
by the City however; the development agreement has not been executed by the developer to
finalize the annexation of the property.
C. History of Previous Actions:
• In 2001, the property received a conditional use permit/plamled unit development approval
(CUP-O1-009), under the name of Treasure Valley Technical Center, which allowed for
daycare; office, retail and industrial uses. As part of that approval a conceptual site plan was
approved and any future daycare, office and retail uses require conditional use permit
approval.
® In 2007, a preliminary plat and final plat (PP-07-013 and FP-07-036) was approved for the 26
+/- acre portion of the site to the north and west of Western Elech•onics that consisted of 11
building lots and 2 common lots.
® In 2008, the property received comprehensive map amendment and rezone (CPA-08-005 and
RZ-08-003) approval to change the land use from industrial to commercial and rezone the
property from the I-L zone to the C-G zone. With the rezone of the property, the City
required a development agreement (DA) that recorded as instrument #108119853. The
recorded DA requires compliance with a specific concept plan and building elevations.
Kennedy Commercial Center - NIDA-14-003 Page 2
EXHIBIT A
VII. STAFF ANALYSIS
The applicant is requesting to amend the recorded development agreement (DA) approved with the
rezone of the property. At the time Council approved the rezone, a concept plan and conceptual
building elevations were tied to the original DA.
The approved concept plan depicts eleven (11) structures; totaling 270,475 square feet. The mix of
buildings consists of the following:
- two (2) 3-story office buildings consisting of 66K square feet (s.£) each, four (4) office
buildings consisting of 31,475 s.£, a 2-story office building consisting of 45K s.£,
- a 2-story education facility consisting of 35K s.f.,
- a bank building consisting of 7.SK s.£,
- a restaurant building consisting of S.SK s.f., and
- a retail building consisting of 14K s.f.
A variety of building elevations were also provided to coincide with plamled uses and structures
mentioned above. The building materials depicted on all of the structtu•es consist of brick and stucco
with a variety of accent materials such as stone, CMU, timber, and metal.
The new owner of the property has purchased approximately 14.81 acres of the site (8 commercial
lots) and wishes to remove the subject property from the original development agreement and enter
into a new DA with the City. The applicant has submitted a new concept plan depicting amixed-use
development consisting of three (3) retail buildings ranging in size between 7,000 square feet and
11,250 square feet adjacent to Overland Road, 180-unit multi-family development and a single office
pad site adjacent to hlterstate I-84. The proposed concept plan also illustrates access to the
development, site layout, parking and site circulation.
In conjunction with the concept plan, the applicant has submitted sample photos of the multi-family
dwellings and the commercial buildings. The multi-family dwellings depict building materials that
incorporate brick wainscot, a mix of wood siding, private patios, variations in the wall planes and
rooflines and tuck under garages.
The commercial buildings incorporate stucco finish, covered entries, decorative cornices, stone
accents and variations in fenestration, wall planes and roof lines. Staff is supportive that the design
features portrayed in the attached photos. Futtu•e structures on the site are required to obtain
certificate of zoning compliance and administrative 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.
NOTE: The proposed multi family developysaent is conceptual ifa nature and will be evaluated ivitlr
a facture conditional use permit application.
DA Modification: In general staff is supportive of the concept plan, building square footages and
design concepts proposed with the subject application. To move forward with development of the site
as proposed by the applicant, staff recommends the following new DA provisions:
1. Development of the property shall substantially comply with the concept plan and building
elevations attached in Exhibit A.4, the design standards listed in UDC 11-3A-19 and the
guidelines contained in the Meridian Design Manual.
2. Direct lot access to Overland Road is prohibited unless waived by City Council in accord with
UDC 11-3A-3.
3. The applicant shall grant cross access to the property to the west (Parcel #S1213336006) tht•ough
the retail portion of the development. A copy of the recorded cross access agreement shall be
Kennedy Commercial Center - NIDA-14-003 Page 3
EXHIBIT A
submitted with the first certificate of zoning compliance application for the retail portion of the
development.
4. Any firture multi-family use on the site must obtain approval of a conditional use permit and
comply with the specific use standards set forth in UDC 11-4-3-27.
5. Sanitary sewer service to the Kennedy Commercial development is currently being accomplished
via a temporary lift station which pumps to a discharge mar~liole in Overland Road. It shall be the
responsibility of this developer to commission a study of the lift station capacity, and make any
upgrades that are needed to accommodate this new proposal.
Staff recommends approval of the development agreement modification with recommended
provisions attached in Exhibit A.6.
VIII. EXHIBITS
A. Maps/Other
L Vicinity/Zoning Map
2. Approved Concept Plans
3. Approved Building Elevations
4. Proposed Concept Plan
5. Proposed Building Elevations
6. Proposed Development Agreement Provisions
Kennedy Commercial Center - MDA-14-003 Page 4
EXHIBIT A
Exhibit A.1 -Vicinity/Zoning Map
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g 0( ~ ~ various sources ontl Is subject to con51on1 revisbn. The Ci
r ; , ~ 7 oc Jd ', ~ of kieritlian makes no wartonty or guorantee os to the
C~atm ksn r ,1, i T content, aaurac bmellness, or coro teteness of nn of the
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Print Date: 1 /14/2014
Kennedy Commercial Center - NIDA-14-003 Page 5
EXHIBIT A
Exhibit A.2 -Approved Concept Plan
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Kennedy Commercial Center - MDA-14-003 Page 6
EXHIBIT A
Exhibit A.3 -Approved Building Elevations
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Kennedy Commercial Center - NIDA-14-003 Page 7
EXHIBIT A
Exhibit A.4 -Proposed Concept Plan
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Kennedy Commercial Center - NIDA-14-003 Page 8
EXHIBIT A
Exhibit A.5 -Proposed Building Elevations
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Kennedy Commercial Center -1VIDA-14-003 Page 9
EXHIBIT A
Exhibit A.6 -Recommended Development Agreement Provisions
1. Development of the property shall substantially comply with the concept plan and building
elevations attached in Exhibit A.4 and the design standards listed in UDC 11-3A-19 and the
guidelines contained in the Meridian Design Mamlal.
2. Other than the one (1Zpreviously approved access to Overland Road (PP-07-013 Ddirect lot
access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-
3.
3. The applicant shall ip •ovide cross access to the property to the west (Parcel #S1213336006)
through the retail portion of the development as depicted on the Kemiedy Commercial Center
Subdivision Final Plat (FP-07-036. ~„^ ^~'*'~° ~• ^~•''^a ^ N* ~~^» ~°
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4. Any future multi-family use on the site must obtain approval of a conditional use permit and
comply with the specific use standards set forth in UDC 11-4-3-27.
5. Sanitary sewer service to the Kennedy Commercial development is currently being accomplished
via a temporary lift station which pumps to a discharge manhole in Overland Road. It shall be the
responsibility of this developer to commission a study of the lift station capacity, and make any
upgrades that are needed to accommodate this new proposal.
6. A 25' wide landscape buffer between uses shall be constructed along the western boundary of this
property adjacent to the residential Uortion of the development. The buffer shall be constructed in
accord with UDC 11-3B-9 and is intended to eliminate the need for the existing industrial zoned
property to the west (Parcel #S 1213336006) to consh•uct a land use buffer.
Kennedy Commercial Center - NIDA-14-003 Page 10