Northpointe Commercial - MDA-14-005CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW ENIDIAM.1-5-1-11
AND
DECISION & ORDER
In the Matter of the Request for a Development Agreement Modification to Amend the Existing
Development Agreement (Instrument #103181095) to Remove the Requirement for Conditional Use
Permit Approval Prior to Commencing with Site Development, Located on the Northwest corner of
W. McMillan Road and N. Linder Road, by Blackhawk/Meridian, LLC.
Case No(s). MDA -14-005
For the City Council Hearing Date of. April 22, 2014 (Findings on May 6, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 22, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 22, 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 (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 § 11-5A.
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 -14-005
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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 development agreement provisions all in the attached staff
report for the hearing date of April 22, 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 § 11-5A 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 Northpointe Commercial
Subdivision is hereby approved per the conditions of approval in the attached staff report for
the hearing date of April 22, 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 11-513-3D).
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 11-513-317).
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 Cleric 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 April 22, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -14-005
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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
°4
day of
VOTED -
VOTED
VOTED
VOTED ," C _ -
VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER) _
xz r
Mayor Tail de Weerd
Attest:
lman, City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
Bye Dated: 0a\',1 6
City ler fice
G
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -14-005
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EXHIBIT A
STAFF REPORT
HEARING DATE: April 22, 2014
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208)884-5533
SUBJECT: MDA-14-005—Northpointe Commercial
L SUMMARY DESCRIPTION OF REQUEST
The applicant, Blackhawk/Meridian, LLC, is requesting to amend the recorded development
agreement (DA) (instrument #103181095) approved with the Kelly Creek Subdivision. Currently, the
DA requires CUP approval prior to any development occurring on the commercial property. The
applicant is requesting to remove this requirement from the DA. See Section VII Analysis for more
information.
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 April 22.2014. A
he public hearing, the Council approved the subject MDA request.
a. Summary of City Council Public Hearing:
L. In favor: Brian Martens
ij In opposition: None
Oji Commentinw: None
Iy. Written testimony: Gerald Martens
Y_ Staff presenting application: Bill Parsons
AL Other staff commenting on application: None
L Key Issues of Discussion by Council:
L. Removing the requirement for detail CUP approval does not eliminate the need to
obtain approval of a certificate of zoning compliance and administrative design review
application.
c. Key Council Changes to Staff/Commission Recommendation
i. one
IH. PROPOSED MOTION
Approval
After considering all staff, applicant, and public testimony, I move to approve file number MDA -14-
005, as presented in staff report for the hearing date of April 22, 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 in the DA as noted in Exhibit A.2.
Denial
After considering all staff, applicant, and public testimony, I move to deny file number MDA -14-005,
as presented during the hearing on April 22, 2014. (You should state why you are denying the
request.)
Continuance
I move to continue file number MDA -14-005 to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
Northpointe Commercial - MDA -14-005 Page 1
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location: The site is located on the northwest corner of W. McMillan Road and N.
Linder Road in the southeast 1/a of Section 26, Township 4 North, Range 1 West.
B. Applicant/Owner:
Blacichawk/Meridian, LLC
3454 Stone Mountain Lane
Star, ID 84092
CapEd
275.5. Stratford Drive
Meridian, ID 83642
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 31, and April 14, 2014
C. Radius notices mailed to properties within 300 feet on: March 25, 2014
D. Applicant posted notice on site by: April 11, 2014
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
located on a prominent corner and is surrounded by R-8 zoned residential development on the
west and north.
C. History of Previous Actions:
In 2003, the property received annexation (AZ -03-013), preliminary plat (PP -03-014) and
conditional use permit (CUP -03-028) for Kelly Creek Subdivision. The preliminary plat
consisted of 214 residential lots, 10 office lots and 4 commercial lots and 15 common lots on
79.77 acres. In addition, the planned unit development (CUP) allowed a 20 percent use
exception for office and commercial uses. A development agreement was also required upon
annexation of the property recorded as instrument #103181095. A provision of the DA
requires CUP approval prior to any development occurring on the site.
In 2007, the property received final plat (FP -07-035) approval laiown as Kelly Creels
Commercial Subdivision (recorded as Northpointe Commercial Subdivision). The final plat
consists of four (4) commercial lots on 4.91 acres.
® In 2011, Lot 4, Block 1 of Northpointe Commercial Subdivision received conditional use
permit (CUP -11-006) approval to develop a credit union with drive-through. In 2012, this lot
was also further subdivided into two (2) commercial lots through a short plat (SHP-12-001).
In 2013, a certificate of zoning compliance was issued for the construction of the credit
union. Currently, the credit union is under construction and the applicant wishes to
commence with site development to the west in conjunction with the credit union
construction. Per the recorded DA, construction cannot commence until the property receives
CUP approval.
VII. STAFF ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Northpointe Commercial - MDA -14-005 Page 2
EXHIBIT A
The applicant proposes an amendment to the existing development agreement (DA) (Instrument No.
103181095) approved with the Felly Creek Subdivision. At the time of the Kelly Creels approvals the
City did not have a well-established design review process. Because there were no design standards in
effect when this property was annexed, the recorded DA requires a CUP for the approval of the site
and buildings to ensure a quality commercial development.
Under today's regulations all commercial developments require design review approval which
addresses site development and building architecture. Therefore, it is staff's opinion that the City has
the necessary tools in place to adequately review development of the commercial property without the
need for detailed CUP approval.
It is important to note that all uses within the C -G district are allowed to development on the property.
If the City Council approves the amendment to remove the requirement for detailed CUP approval,
the applicant is still responsible to follow the process for establishing the use on the property in
accord with the Chapter 2 District Regulations for the C -G district. Due to the fact that the credit
union (under construction) has a drive through and the property is within 300 feet of a residential
zoning district; any additional drive through uses on this site will require CUP approval.
Based on the analysis above, staff recommends approval of the development agreement modification
with the recommended modifications in Exhibit A.2.
VIII. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map
2. Proposed Development Agreement Modifications
Northpointe Commercial - MDA -14-005 Page 3
EXHIBIT A
Exhibit A.l — Vicinity/Zoning Map
Vicinity Map
Legend
Area of Impact
Print Date: 4/15/2014
0.075 0.15
Miles
The information shovm on this map is compiled from
various sources and is sulryject to constant revision. The City
of Meridian makes no warranty or guarantee as to the
content, accuracy, timeliness, or completeness of any of the
data provided, and assumes no legal responsibility for the
information contained on this map.
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Northpointe Commercial - MDA -14-005 Page 4
EXHIBIT A
Exhibit A.2 — Recommended Development Agreement Modifications
1. Omit Section 5.
2. Section 6: DA Provision #34 — The proposed office and ,.,,.„ri.ere ' area -s within the development
shall be required to apply for a detailed conditional use permit for a planned development prior to
submitting for building permits.
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