Z - Development Agreement Fast Eddy's H-2018-0006DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. ST Investments, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of , 2018, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and ST Investments, Inc., 2151 N. Greenview Ct., Eagle, 'ID 83616,
hereinafter called O"ER/DEVELOPER.
1, ITL:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section_ 11-58-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation
and zoning of 1.63 acres of land with an C -G (General Retail and Service
Commercial) zoning district, under the Unified Development Code, which
generally describes how the Property will be developed and what
improvements will be made, and
C
1.5WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
I
1.6 WHEREAS, the record of the proceedings for the requested annexation and
preliminary plat on the Property held before the Planning ' & Zoning
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Meridian City Council Meeting Agenda May 8, 2018 — Page 219 of 416
i
i
Commission, and subsequently before the City Council, includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 17th day of April, 2018, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), for the annexation and zoning of 1833 acres of land with
an I -L zoning district, which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its -urging and request; and
L9 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City ofMcridian on October 11,
2016, Resolution No. 16-1173, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the, following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for, unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state Of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to ST Investments, Inc., 2151
N. Greenview Ct., Eagle, ID 83616, the party that owns and is developing
said Property and shall include any subsequent owner(s)/developer(s) of the
Property.
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Meridian City Council Meeting Agenda May 8, 2018 — Page 220 of 416
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in
the County of Ada, City of Meridian as described in Exhibit "A" describing
the parcel to be annexed and zoned C -G (General Retail and Service
Commercial) zoning district and attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY TINS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. The existing structure is allowed to remain on the site for use as a construction office but
shall be removed prior to issuance of the Certificate of Occupancy for the convenience
store.
b. Future development of this site shall substantially comply with the conceptual site plan,
landscape plan and building elevations included in Exhibit A of the Staff Report that is
attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B"
and the conditions contained herein.
c. After the subject property is annexed into the City, a Property Boundary Adjustment
application shall be submitted to consolidate the existing parcels and the lots to the south
under the same ownership into two parcels. Final approval is required prior to issuance of
Certificate of Occupancy.
d. The driveway along the west side of the retail store shall extend to the north property
boundary for future extension and interconnectivity in accord with UDC 11 -3A -3A.
e. A cross-access/ingress-egress easement shall be provided to the property to the north
(Parcel #R4582530202,13984 W. Jasmine Ln.) with development of this site in accord
with UDC 11 -3A -3A.2. A recorded copy of said easement shall be submitted to the City
prior to issuance of the first Certificate of Occupancy on the site.
f. A cross-access/ingress-egress easement (as applicable) shall be provided to the property to
the west (Brickyard development) with development of this site for pedestrian and
emergency access. A recorded copy of said easement shall be submitted to the City prior
to issuance of the first Certificate of Occupancy on the site.
g. A pedestrian walkway shall be provided off-site along the southern boundary of the
overall project site adjacent to the east/west driveway connection via N. Eagle Rd./SH-55.
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The walkway shall provide a connection from the walkway planned on the adjacent
property to the west to the pathway along N. Eagle Rd./SH 55.
h. A "Welcome to Meridiaif' monument sign shall be constructed as proposed at the
northeast corner of this site within the street buffer in accord with the specifications
required by the City of Meridian.
i. The developer shall provide additional right-of-way for the future widening of N. Eagle
Rd./SH-55 and make any improvements necessary to N. Eagle Rd./SH-55, such as a
deceleration lane, as required by the Idaho Transportation Department. The required street
buffer shall be located outside of the area needed for future right-of-way,
j. A minimum 20 -foot wide emergency access/pedestrian connection shall be provided at the
west boundary of the site adjacent to the retail store in alignment with the access proposed
on the site plan approved for Brickyard Subdivision. This access should have bollards (or
another Fire Department approved means) to restrict public vehicular access.
k. Provide a 10 -foot wide multi -use pathway with a public use easement and pedestrian
lighting along N. Eagle RdJSH-5 5 as set forth in UDC 11--3H-4C.3,
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (18 0) days; provided, however, that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether
a default has occurred. This Agreement shall be enforceable in the Fourth
Judicial District Court in Ada County by either City or Owner/Developer, or
DEvEi,opmENT AGREEMENT'—FT - PE 4 8
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by any successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations, contained herein.
7.4 Delay, in the event the performance of any covenant, to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the amount
of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default and
defaults waived and shall neither bar any other rights or remedies of City nor
apply to any subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the, Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed -under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
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14. NOTICES.
be deemed delivered if and
States Mail, registered or
follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
ST Investments, Inc.
2151 N. Greenview Ct.
Eagle, ID 83616
Any notice desired by the parties and/or required by this Agreement shall
when personally delivered or three (3) days after deposit in the United
certified mail, postage prepaid, return receipt requested, addressed as
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16., TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17, BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had
determined that Owner/Developer have fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
DEvELoPMENT AGREEMENT— FAc?i aDny 11 R;20
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19, DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and -understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Dcveloper and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the -uses and/or conditions governing re -zoning ofthe subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT. --FAST EDDY'S (H-2019-0006) PAGE 7 OF 8
Meridian City Council Meeting Agenda May 8, 2018 — Page 2251 of 416
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
ST Investments, Inc.
By
CITY OF M DIAN ATTEST:
By:<]��
Mayor Tani* de Weerd Cay Coles, City Clerk
STATE OF IDAHO
ss:
County of Ada 14
On this day of vt 2018, before me, the undersigned, a Notary Pab is in d for said State,
-
personally appeared %QM U known or identified to me to be the Of
ST Investments, Inc., and acknowle6ged to me that he executed the same on behalf of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
XV D ER
(SEAL)
Not flly Pa l li f r a
Resiwng a
My Commission Expires:
k•P U 13 1,8C'
STATE OF IDAHO . . .. 6. _4
ss41, , 0 .— I
#. -1p ***Z� vo.
Countyf Ada 0
o
On this day of 2018, before me, a Notary Public, personally appeared
Tammy de Weerd and Clay Coles, know or 10 i entified _ d to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
REOF, I have hereunto set my band and affixed my official seal the day and year in this
NJYaiy*P_ub1ic Maho-
g at
Residin Man D�
Commission expires: 3- al - D, Q 'a
-FAST EDDY's (H-2018-0006)
PAGE 8 OF 8
EXHIBIT A
Legal Description & Exhibit Map for Annexation & Zoning Boundary
923!3WF5TS1 EST TBE BOISE, ID 83714, 209,63Y.61-039 FAX
N,qvernber 14, 2017
Project Nm' 11-017
ST lnvestmi8nts, loo
EXHIBIT,A
L ffi-ALOE$CRIP=�l FOR ANKXATtON
ME=
V line, 7'1,rE a dMaoce of 145.1 feet to the cenurlioR f 14orth
!dine, $0294rW a dl an of 225,00 feet;
ine, IOW7'12'W a distame, of A60.40 feet to a found 5/&Inch rebar
n er, of %OW Lot,
wly bouadary line a dMaince of 22&00 feet t
ng a boundary angile point in saild W-2;
.eO, n -ore or Wass, and is subject to all a
Attached her6to, is Exhibilt 8 and bV this,ri6ference Is made a part Woof,
ENCINEERS I SURV MRS I PLANNERS
Fast Eddy's H-2018-0006 - I -
Meridian City Council Meeting Agenda May 8, 2018 — Page 227 of 416
EXHIBIT A
MMIZZEIMM
P ON
EXHIBIT B - ANNEXA
ST INVESTMENTS, INC
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SffUA rED INA PIORT[ON OF THE NE 114, :Ld4, SEAL. 32 A A POR AN, Of- TFE
I i f t GdWL JJ4,j, SW 1a4a SEC-, 33w �A N,,;, R„>i E,, ADA fOUNW,'IDAHO
Fast Eddy's H-2018-0006: -2-
Meridian
2 -Meridian City Council Meeting Agenda May 8, 2018 – Page 228 of 416
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contrepointe subdivition'
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EXHIBIT B - ANNEXA
ST INVESTMENTS, INC
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SffUA rED INA PIORT[ON OF THE NE 114, :Ld4, SEAL. 32 A A POR AN, Of- TFE
I i f t GdWL JJ4,j, SW 1a4a SEC-, 33w �A N,,;, R„>i E,, ADA fOUNW,'IDAHO
Fast Eddy's H-2018-0006: -2-
Meridian
2 -Meridian City Council Meeting Agenda May 8, 2018 – Page 228 of 416
EXHIBIT B
CITY OF MERIDIAN
I M, EI1*FINDINGS OF FACT, CONCLUSIONS OF LAW1 040
AND DECISION & ORDER I
In the Matter of the Request for Annexation and Zoning of 1.63 Acres of Land with a C -G Zoning
District; and Conditional Use Permit for a Drive -Through Establishment within 300 Feet of a
Residential Use and Extended Hours of Operation in the C -G Zoning District when Adjacent to a
Residential Use of 24 Hours a Day/7 Days a Week, by ALC Architecture.
Case No(s). H-2018-0006
For the City Council Hearing Date of. April 17, 2018 (Findings on April 24, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 17, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 17, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 17, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 17, 2018, 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.
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
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0006
Meridian City Council Meeting Agenda May 8, 2018 — Page 229 of 416
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 17, 2018, 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 § I I -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 Annexation & Zoning and Conditional Use Permit is hereby
approved per the conditions of approval in the Staff Report for the hearing date of April 17,
2018, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Conditional Use Permit Duration
Please take -notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 513-6.G. 1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title ll(UDC 11-513-617).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
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 six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0006 -2-
Meridian City Council Meeting Agenda May 8, 2018 — Page 230 of 416
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.
F. Attached: Staff Report for the hearing date of April 17, 2018
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0006 -3-
Meridian City Council Meeting Agenda May 8, 2018 — Page 231 of 416
By action of the City Council at its regular meeting held on the—of day 1+h
r 19D6
2018. f
COUNCIL PRESIDENT JOE BORTON VOTED Y&4
\1
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED —
COUNCIL MEMBER TY PALMER VOTED Y&
V
COUNCIL MEMBER TREG BERNT VOTED A -A4
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED —
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: �ha&a—I-Jm Dated:
City rlerk's Office r
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0006 F06+ IrCHU � -4-
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EXHIBIT A
STAFF REPORT Hearing Date: April 17, 2018
El
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Fast Eddy's — AZ, CUP (H-2018-0006)
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, ALC Architecture, has submitted an application for annexation and zoning (AZ) of
1.63 acres of land from the RUT zoning district in Ada County to the C -G zoning district in the City.
A conditional use, permit (CUP) for a drive-through establishment within 300 feet of a residential use;
and extended hours of operation in the C -G zoning district of 24 hours a day/7 days a week is also
requested.
See Section LY of the staff report for more information.
11. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and CUP applications in accord with the conditions
of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on March 15 2018. At the
public hearing, the Commission moved to recommend approval of the subiect AZ and CUP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Steve Eddy, Applicant
ii. In opposition: None
iii. Commenting: None
iv. Written testimonv: James Doolin. FIG DeveloDment, LLC-. Steve Eddv, Applicant
3L. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
L Time of day that deliveries occur and 24 hour operation of facility.
ii. Provision of driveway to the north boundary for future access/interconnectivity.
iii. In favor of the requested reduced buffer width to the future residential development to
the west with that property owner's consent/support-, and the reduced buffer width to
the residential property to the north.
d. Commission Chane(s) to Staff Recommendation:
L. Modify DA provision #1.1.1a to allow the existing office bonding to remain and be used
as a construction office and for it to be demolished prior to issuance of the Certificate of
Occupancy for the convenience store.
ii. Modify DA provision #1.1.1c to allow a Property boundary adiustment application to be
processed for two parcels instead of one.
e. Outstanding Issue(s) for City Council:
L None
Fast Eddy's — AZ, CUP H-2018-0006 PAGE 1
Meridian City Council Meeting Agenda May 8, 2018 — Page 233 of 416
EXHIBIT A
111. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0006, as presented during the hearing on April 17, 2018, with the following modifications: (Add any
proposed modifications).
Continuance
I move to continue File Number H-2018-0006 to the hearing date of (insert continued hearing date
Here) for the following reason(s): (You should state specific reason(s) for continuance.)
Denial
After considering all staff, applicant and public testimony, I move deny File Number H-2018-0006, as
presented during the hearing on April 17, 2018, for the following reasons: (You should state specific
reasons for denial)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at, 3775 N. Eagle Rd., in the southeast'/4 of Section 32, Township 4 North,
Range I East. (Parcel #: R4582530280 & S0532417375)
B. Owner(s):
ST Investments
2151 N. Greenview Ct.
Eagle, ID 83616
C. Applicant:
Fast Eddy's — AZ, CUP H-2018-0006 PAGE 2
Meridian City Council Meeting Agenda May 8, 2018 — Page 234 of 416
EXHIBIT A
Jeff Likes, ALC Architecture
1119 E. State #120
Eagle, ID 83616
D. Representative:
Same as Applicant
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and a conditional use permit. A public
hearing is required before the Planning & Zoning Commission and City Council on these
applications, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: February 23, 2018 (Commission); March 30, 2018
(Council
C. Radius notices mailed to properties within 300 feet on: February 20, 2018 (Commission); Match
23, 2018 (Council)
D. Applicant posted notice on site(s) on: March 3, 2018 (Commission); March 28, 2018 (Council),
V1. LAND USE
A. Existing Land Use(s) and Zoning: There is currently an office building on the eastern portion of
this site, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural residential property, zoned A4 in Boise
2. East: A church, zoned A-1 in Boise
3. South: Undeveloped commercial property, zoned C -G
4. West: Future multi -family development in the development process (Brickyard), zoned C -G
C. History of Previous Actions: This property was previously de -annexed from Boise and included
in Meridian's Area of City Impact boundary.
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site
are currently being installed adjacent to the subject site in the Brickyard Development.
b. Location of water: Domestic water mains intended to provide service to the subject site
from the City of Meridian are currently being installed adjacent to the subject site in the
Brickyard Development. However, the site of the convenience store and fuel islands
currently falls within Suez Water's service area, and Suez has expressed their position of
retaining service to the area.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no waterways on this site.
2. Hazards: Staff is not aware of any hazards, that exist on this property.
3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District.
Fast Eddy's — AZ, CUP H-2018-0006 PAGE 3
Meridian City Council Meeting Agenda May 8, 2018 — Page 235 of 416
EXHIBIT A
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
As stated above, the subject property was de -annexed from Boise and is now within the City of
Meridian's Area of City Impact boundary. For this reason, the subject property is not included on the
City's Future Land Use Map (FLUM) and does not have a future land use designation. Because land
use designations on the FLUM are not parcel specific and the site abuts the Mixed Use — Regional
(MU R) designation to the south, and because the same property owner owns the property to the
south and is developing that site as well as part of the overall development plan, staff has determined
it's appropriate to "float" the MU -R designation to the subject property.
The Applicant proposes to develop a retail (convenience) store and fuel sales facility on this site; an
associated vehicle washing facility and vehicle service (i.e. quick lube) use is proposed on the
abutting property to the south that is part of the Applicant's overall development plan.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property (staff analysis in italics):
"Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01F)
There is an existing residence on the abutting property to the north, of this site. The UDC
(Table 11-28-3) requires a 25 foot wide buffer to be provided on C -G zoned property to
residential uses, landscaped in accord with the standards listed in UDC 11 -3B -9C The
buffer with dense landscaping will assist in buffering and protecting the residential from the
commercial use.
"Reduce the number of existing access points onto arterial streets by using methods such as
cross -access agreements, access management, and frontage/backage roads.
Staff recommends the northlsouth driveway proposed along the west boundary of the site is
extended to the north property line and a cross-accesslingress-egress easement is provided
to the property to the north. This driveway will serve as a backage road and will reduce
access points to N. Eagle Rd./SH--5S and will allow for interconnectivity between properties
without accessing the state highway.
"Plan for a variety of commercial and retail opportunities within the Area of City Impact."
The proposed convenience store and fuel sales facility (and associated vehicle washing
facility and vehicle service on the abutting property to the south) will contribute toward the
variety of commercial and retail opportunities available within the northeast boundary of the
City's Area of Impact.
"Consider needed sidewalk, pathway, landscaping, and lighting improvements with all land
use decisions along SH -55." (3.03.02Q)
A I 0 -foot wide pedestrian pathway and pedestrian -scale lighting is proposed as required
within the street buffer along N. Eagle RdISH-55 in accord with UDC 11-311-4C.
"Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets." (2.01.04B)
Landscaping is proposed within planter islands in the parking areas on this site as shown on
the landscape plan attached in Exhibit A. 4, landscaping is required to comply with the
standards listed in UDC 11 -3B -8C
Fast Eddy's — AZ, CUP H-2018-0006 PAGE 4
Meridian City Council Meeting Agenda May 8, 2018 — Page 236 of 416
EXHIBIT A
"Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B)
A pedestrian walkway is proposed between the subject property and the future multi family
development (i.e. Brickyard) to the west for interconnectivity. Staff recommends a pedestrian
walkway is provided from the north and northwest boundaries to the main entrance of the
retail store; and along the south boundary of the overall project site from the walkway
planned to be constructed with the development to the west (Le. Brickyard multi family
development) along the east1west driveway to the pathway along N. Eagle Rd/SH-55.
"Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.)." (3.06.02F)
A 25 foot wide street buffer is required adjacent to N. Eagle Rd.ISH-55, a state highway,
landscaped in accord with. the standards listed in UDC 11 -3B -7C.
"Plan for and encourage services like health care, daycare, grocery stores and recreational
areas to be built within walking distance of residential dwellings." (2.01.010)
The proposed convenience store will provide convenience retail options within walking
distance of existing and future residential neighbors.
"Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01F)
This property is contiguous to land that has already been annexed into the City. Urban
services can be provided to this property upon development.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zoning District: The purpose of the commercial districts is to provide for
the retail and service needs of the community in accordance with the Meridian Comprehensive
Plan.
B. Schedule of Use: UDC Table °11-2B-2 lists the principal permitted (P), accessory (A), conditional
(C), and prohibited (-) uses in the proposed C -G zoning district. Any use not explicitly listed is
prohibited. The proposed retail (convenience) store and fuel sales facility is listed as a principal
permitted use in the GG zoning district,- compliance with the specific use standards listed in
UDC 11-4-3-20, Fuel Sales Facility, is required. A drive-through establishment is listed as a
conditional use when it's within 300 feet of residential use or district or another drive-through,
establishment; compliance with the specific use standards listed in UDC 11-4-3-11, Drive
Through Establishments, is required.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-213-3 for the C -G district.
D. Landscaping: Landscaping is required to be provided on the site in accord with the standards
listed in UDC 11 -3B as applicable.
E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11 -3C -6B for non-
residential uses.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
A. Annexation & Zoning (AZ):
The applicant requests approval to annex & zone 1.63 acres of land with a C -G zoning district. As
Fast Eddy's — AZ, CUP H-2018-0006 PAGE 5
Meridian City Council Meeting Agenda May 8, 2018 — Page 237 of 416
EXHIBIT A
discussed above, staff deems it appropriate to "float" the Mixed Use — Regional FLUM
designation from the abutting property to the south to this property; the proposed C -G zoning
district is compatible with the MU -R designation.
The applicant proposes to develop the site with a 16,399 square foot retail store with a drive-
through establishment and a fuel sales facility. An associated vehicle washing facility and vehicle
service (i.e. quick lube) use is also planned to be constructed by the applicant on the abutting
property to the south. A site plan has been submitted that demonstrates how the overall site is
proposed to develop (see Exhibit A.2).
Because the subject property owner also owns the two (2) parcels to the south, staff recommends
after this property is annexed into the City, a property boundary adjustment (PBA) application is
processed to consolidate all of the parcels into one parcel. Final approval of the PBA should be
obtained prior to issuance of the first Certificate of Occupancy.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and
recommended by staff with this application, staff recommends a DA is required as a provision of
annexation with the provisions included in Exhibit B. Staff has included recommended provisions
for the DA that include requirements for "off-site" (i.e. outside of the annexation area but within
the overall site owned by the applicant) improvements.
B. Conditional Use Permit (CUP):
A CUP is requested for a drive-through establishment within 300 feet of an existing residence as
required by UDC 11-4-3-11A. Extended business hours of operation within the C -G zoning
district are also requested of 24 hours.a day/7 days a week. The UDC (11-2B-14.4) limits
business hours of operation in the C- G district from 6: 00 am to 11: 00 pm when the property
abuts a residential use or district, unless extended hours are approved through a CUP.
The applicant has submitted a site plan that proposes a drive-through along the north side of the
retail store depicted at the north end of the property within 300 feet of an existing residence to the
north (see Exhibit A.2).
Specific Use Standards: There are specific use standards listed in the UDC that apply to
development of this site as follows: (Staffs comments in italics)
UDC 11-4-3-11, Drive -Through Establishment:
All establishments providing drive-through service shall identify the stacking lane, menu
and speaker location (if applicable), and window location on the certificate of zoning
compliance or the conditional use permit. Speakers are prohibited in the O -T zoning
district.
The stacking lane, menu and order board are depicted on the site plan — the location of
the window is not clear (there appears to be two windows); all of the aforementioned
items should be depicted on the site plan submitted with the Certificate of Zoning
Compliance application.
A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and
circulation on the site and between adjacent properties. At a minimum the plan shall
demonstrate compliance with the following standards:
Fast Eddy's — AZ, CUP H-2018-0006 PAGE 6
Meridian City Council Meeting Agenda May 8, 2018 — Page 238 of 416
EXHIBIT A
)0- Stacking lanes shall have sufficient capacity to prevent obstruction of driveways,
drive aisles, and the public right of way by patrons.
The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking, except stacking lanes may provide access to designated employee
parking.
The stacking lane shall not be located within ten feet (10) of any residential district
or existing residence.
Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane.
The site should be designed so that the drive-through is visible from a public street
for surveillance purposes.
The proposed drive-through design complies with the above -requirements.
UDC 11-4-3-20: Fuel Sales Facility:
A. General standards:
1. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not,
occupy more than twenty five percent (25%) of the subject property.
2. The total height of any overhead canopy or weather protection device shall not
exceed twenty feet (20').
3. Vehicle stacking lanes shall be available on the property but outside the fueling areas.
Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right-of-way by patrons. Such stacking lanes shall be separate from areas required for
access and parking. The stacking lanes shall not be located within ten feet (10') of
any abutting residential districts.
4. If the use is unattended, the standards in accord with section 11-3A-16 of this title
shall also apply.
R�,r ........ .
Access: Access for this site is proposed via an existing driveway from Eagle Rd./SH-55 on the
adjacent property to the south (under the same ownership), as depicted on the site plan in Exhibit
A.2. A variance was approved in 2005 for this access (VAR -05-021, Kohl's Department
Store/CentrePoint Marketplace).
Another access via N. Eagle Rd./SH-55 exists off-site adjacent to the south boundary of the
overall site (also approved with VAR -05-021). A north/south access driveway is proposed along
the west boundary of the overall site to this driveway.
In accord with the Comprehensive Plan as noted above in Section V11 and the UDC (11-3A-3,
Access to Streets), Staff recommends a driveway stub is provided to the property to the north for
interconnectivity and to reduce access points to the state highway. This driveway will serve as a
backage road to N. Eagle Rd./SH-55.
Parking: Off-street parking is required for the proposed use in accord with the standards listed in
UDC Table 11 -3C -6B for non-residential uses in commercial districts (I space for every 500
square feet of gross floor area). Based on the square footage of the proposed structure (16,399), a
Fast Eddy's — AZ, CUP H-,2018-0006 PAGE 7
Meridian City Council Meeting Agenda May 8, 2018 — Page 239 of 416
EXHIBIT A
minimum of 33 spaces are required; a total of 55 spaces are proposed in accord with this
requirement.
A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof
is required to be provided on the site per UDC 11 -3C -6G in accord with the standards listed in
UDC 11 -3C -5C. Based on 55 vehicle spaces provided, a minimum of 2 bicycle spaces are
required; a rack is proposed that will hold a minimum of 3 bicycles in accord with this
requirement.
Landscaping: Landscaping is required to be provided on the site as set forth in UDC Table 11-
2B-3 per the standards listed in UDC 11-313 as noted below.
Parking Lot: Parking lot landscaping is required to be provided in accord with the standards
listed in UDC 11 -3B -8C. Staff recommends a minimum of one (1) tree is added within
one of the planter islands proposed in front of the entry to the retail store in accord with
UDC 11 -3B -8C.2. Vegetative groundcover is required within all required landscape
areas and shall have a minimum coverage of 70% at maturity, per UDC 11-311-5N.
Buffer to Residential Uses: A 25 -foot wide landscape buffer is required on GG zoned
property to residential uses planted in accord with the standards listed in UDC 11 -3B -9C.
There is a residential property to the north of this site; therefore, a 25 -foot wide buffer
is required along the north property boundary; a 12 -foot wide buffer is proposed. The
buffer should be widened to 25 feet; or, a reduced buffer may be requested from City
Council as set forth in UDC 11 -3B -9C.2. The buffer is required to planted with a mix of
evergreen and deciduous trees, shrubs, lawn or other vegetative groundcover; the buffer
area shall result in a barrier that allows trees to touch at maturity; additional trees
should be added within the buffer to achieve this barrier.
Street Buffer: A minimum 25 -foot wide street buffer is required along N. Eagle Rd., an
arterial street, as set forth in UDC Table I 1-2B 3. A 40+ buffer is proposed. Landscaping is
proposed in accord with UDC standards.
Mitigation: There are existing trees on this site. The applicant is required to comply with the
mitigation standards listed in UDC 11 -3B- 1 OC.5 for any existing trees 4 -inch caliper or greater
that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755),prior to
removal of any existing trees from the site to schedule an inspection. A Mitigation plan
should be identified on the landscape plan submitted with the CZC application.
Sidewalks/Pedestrian Walkways: Sidewalks/pathways are required to be constructed on the site
as set forth in UDC 11-3A-17 and 11 -3H -4C.
In areas where outdoor seating is proposed around the retail store, the walkway area
between the wall where the seating area is proposed and the parking area is only 5 -feet
wide. Without wheel stops within parking spaces in these areas, vehicles will overhang onto
the sidewalk area reducing the width of the walkable area below that allowed. Wheel stops
should be provided in affected spaces to prevent overhang; or, the sidewalk should be
widened an additional 2 feet to allow for vehicle overhang so that a minimum 5 feet area
remains clear for pedestrians, in accord with the standards listed in UDC 11 -3C -5B.4,
A 10 -foot wide multi -use pathway with a public use easement and pedestrian lighting is required
along N. Eagle Rd./SH-5 5 as set forth in UDC 11 -3H -4C.3. The site plan depicts a pathway and
pedestrian lighting within the street buffer as required.
An "emergency and pedestrian access only is depicted at the northeast comer of the
development plan for the Brickard multi -family development at the west boundary of this site but
no connection is proposed on this site (see red arrow "I" on site plan below). This access would
allow fora direct pedestrian connection to the retail store from the multi -family development and
Fast Eddy's — AZ, CUP H-2018-0006 PAGE 8
Meridian City Council Meeting Agenda May 8, 2018 — Page 240 of 416
EXHIBIT A
provide an emergency access only for the residential development. A cross-access/ingress-egress
easement should be provided.
A pedestrian connection is proposed to the west to the multi -family development on the adjacent
property to the south within this development to connect to the pathway planned to this site (see
arrow "2" on site plan below). This walkway provides a connection to the pathway along Eagle
Road along the north side of the vacuum area. A cross -access easement should be provided.
A sidewalk is also planned to stub to the west boundary of this site along the south boundary
adjacent to the east/west driveway via N. Eagle Rd./SH-55 (see arrow "Y' on the site plan above);
an extension of this sidewalk is not depicted on the site plan.
Staff recommends as provisions of the development agreement associated with the
annexation of the subject property the following on-site and off-site improvements: extend
the sidewalk along the south boundary of this overall site from the west boundary to the
pathway along Eagle Rd.; provide a pedestrian walkway from the sidewalk on the west side
of the retail store to the north property boundary along the east side of the north/south
driveway recommended by staff-, and, provide a minimum 20 -foot wide emergency access
and pedestrian connection at the west boundary of the site on the north end of the property
in alignment with the same proposed on the property to the west.
Fast Eddy's — AZ, CUP H-2018-0006 PAGE 9
Meridian City Council Meeting Agenda May 8, 2018 — Page 241 of 416
EXHIBIT A
Staff further recommends a pedestrian circulation plan is submitted for this site that
demonstrates compliance with the above recommended provisions prior to the Commission
meeting.
Building Elevations: Conceptual building elevations for the proposed retail store were submitted
with this application (see Exhibit AA); an elevation of the proposed fuel station canopy was not
submitted. Building materials are proposed to consist of stucco with cultured stone wainscot.
The architectural character of the structures is required to comply with the standards listed in
UDC 11-3A-19 and the Architectural Standards Manual,
Welcome to Meridian: A "Welcome to Meridian" monument, sign is desired at the northeast
comer of this site, the entryway into the City as depicted on the landscape plan within the street
buffer along N. Eagle Rd./SH-55. The sign should be constructed in accord with the
specifications required by the City of Meridian.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance application for establishment of the new use and to ensure all site
improvements comply with the provisions of the UDC and the conditions in this report prior to
construction, in accord with UDC 11-5B-1
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design is required to be generally consistent with the conceptual building elevations, site
plan and landscape plan submitted with this application and the standards listed in UDC 11-3A
1 9
I -3A19 and the City of Meridian Architectural Standards Manual.
In summary, Staff recommends approval of the proposed AZ application with the requirement of
a Development Agreement containing the provisions listed in Exhibit B; and approval of the CUP
application with the conditions listed in Exhibit B of this report in accord with the findings
contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1, Vicinity/Zoning Map
2. Proposed Site Plan (dated: 1/17/18)
3. Proposed Landscape Plan (dated: 12/27/17)
4. Conceptual Building Elevations (dated: 1/17/18)
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
D. Required Findings from Unified Development Code
Fast Eddy's — AZ, CUP H-,2018-0006 PAGE 10
Meridian City Council Meeting Agenda May 8, 2018 — Page 242';of 416
EXHIBIT A
A. Drawings/Other
Exhibit A.1:, Zoning Map
Exhibit A Page 1
Meridian City Council Meeting Agenda May 8, 2018 — Page 243 of 416
EXHIBIT A
Exhibit A.2: Proposed Site Plan (dated: 1/17/18)
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Meridian City Council Meeting',Agenda May 8, 2018 — Page 244 of 416
R,ARWI-El�tRc�!
EXHIBIT A
Exhibit A.3: Proposed Landscape Plan (dated: 12/27/17)
1, LANSIAPE PLANTING PLAN
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Meridian City Council Meeting Agenda May 8, 2018 — Page 2451 of 416
Sddy. C., Waw - E-01ind
EXHIBIT A
Exhibit AA Conceptual Building Elevations (dated: 1/17118)
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Meridian City Council Meeting Agenda May 8, 2018 — Page 2461 of 416
F.tt rddV'g- Eag!L%
EXHIBIT A
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1. PLANNING DivisioN
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lailwavemUsiAe0o e south)pmposedto be developed by the a"Ueant as shmm in Exhib
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Seedom IV, SWeipa9*4PIedWh4an Wa&vays-.
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. Note: The
Development Agreement shall be recorded prior to submittal of a Certificate ref Zoning
Compliance and Design Review application for the annexation, area.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six (6) months of the City Council granting annexation. The DA shall
at minimum, incorporate the following provisions:
a. The existing structure
issuance of the Certificate of Occupancy for the convenience store.
b. Future development of this site shall substantially comply with the conceptual site plan,
landscape plan and building elevations included in Exhibit A and the conditions contained
herein.
c. After the subject property is annexed into the City, a Property Boundary Adjustment application
shall be submitted to consolidate the existing parcels and the lots to the south under the same
ownership into one two parcels. Final approval is required prior to issuance of Certificate of
Occupancy.
d. The driveway along the west side of the retail store shall extend to the north property boundary
for future extension and interconnectivity in accord with UDC 11 -3A -3A.
e. A cross-access/ingress-egress easement shall be provided to the property to the north (Parcel
4R4582530202, 13984 W. Jasmine Ln.) with development of this site in accord with UDC
11 -3A -3A.2. A recorded copy of said easement shall be submitted to the City prior to
issuance of the first Certificate of Occupancy on the site.
f. A cross-access/ingress-egress easement (as applicable) shall be provided to the property to
the west (Brickyard development) with development of this site for pedestrian and emergency
access. A recorded copy of said easement shall be submitted to the City prior to issuance of
the first Certificate of Occupancy on the site.
g. A pedestrian walkway shall be provided off-site along the southern boundary of the overall
project site adjacent to the east/west driveway connection via N. Eagle Rd./SH-55. The
walkway shall provide a connection from the walkway planned on the adjacent property to
the west to the pathway along N. Eagle Rd./SH 55.
h. A "Welcome to Meridian" monument sign shall be constructed as proposed at the northeast
comer of this site within the street buffer in accord with the specifications required by the
City of Meridian.
i. The developer shall provide additional right-of-way for the future widening of N. Eagle
Rd./SH-55 and make any improvements necessary to N. Eagle Rd./SH-55, such as a
-5-
Meridian City Council Meeting Agenda May 8, 2018 — Page 247 of 416
EXHIBIT A
deceleration lane, as required by the Idaho Transportation Department. The required street
buffer shall be located outside of the area needed for future right-of-way.
j. A minimum 20 -foot wide emergency access/pedestrian connection shall be provided at the
west boundary of the site adjacent to the retail store in alignment with the access proposed on
the site plan approved for Brickyard Subdivision. This access should have bollards (or
another Fire Department approved means) to restrict public, vehicular access.
k. Provide a 10 -foot wide multi -use pathway with a public use easement and pedestrian lighting
along N. Eagle Rd./SH-55 as set forth in UDC 11-31-14C.3.
1.1.2 The site plan submitted with the Certificate of Zoning Compliance application shall be revised
from that included in Exhibit A.2, dated 1/17/18, as follows:
a. Extend the north/south driveway along the west side of the retail store to the north property
boundary for future extension and interconnectivity upon redevelopment of the property to
the north to a non-residential use.
b. Depict a pedestrian walkway from the north property boundary along the east, side of the
driveway stub required above to the sidewalk around the retail store for pedestrian access to
the retail store.
c. All pedestrian walkways through parking areas shall be distinguished from the vehicular
driving surface through the use of pavers, colored or scored concrete, or bricks in accord with
UDC 11-3A-19.
d. Either depict wheel stops within parking stalls that abut the sidewalk where outdoor seating is
proposed; or, widen the sidewalk an additional 2 feet to allow for vehicle overhang so that a
minimum 5 -foot wide area remains clear for pedestrians, in accord with the standards listed in
UDC 11 -3C -5B.4.
e. Depict a minimum 20 -foot wide emergency access/pedestrian connection at the west
boundary of the site adjacent to the retail store in alignment with the access proposed on the
site plan approved for Brickyard Subdivision. This access should have bollards (or another
Fire Department approved "gate") to restrict public vehicular access.
1.1.3 The landscape plan submitted with the Certificate of Zoning Compliance application shall be
revised from that included in Exhibit A.3, dated 12/27/17, as follows:
a. Landscaping is required within planter islands at the ends (or within, as applicable) of rows of
parking along with vegetative groundcover at a 70% coverage at maturity in accord with the
standards listed in UDC 11 -3B -8C'
b. A minimum of one (1) tree is required within a planter island in the tow of parking in front of
the retail store in accord with UDC 11 -3B -8C.2.
c. Include mitigation information for existing 4 -inch caliper or greater trees on the site that are
proposed to be removed in accord with the standards listed in UDC 11-313-1 OC.5. Contact Elroy
Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site.
d. The landscape buffer along the north property boundary shall be widened to a minimum of 25
feet in accord with UDC Table 11-2B-3 for buffers to adjoining residential uses unless otherwise
modified by City Council at a public hearing with notice to surrounding property owners as set
forth in UDC 11 -3B -9C.2. Additional trees (evergreen and/or deciduous) shall be added within
the buffer to achieve a barrier that allows trees to touch at maturity in accord with the standards
listed in UDC 11 -3B -9C.
1.1.4 The developer shall comply with the specific use standards listed in UDC 11-4-3-11, Drive-
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Meridian City Council Meeting Agenda May 8, 2018 — Page 248 of 416
EXHIBIT A
Through Establishments.
1.1.5 The developer shall comply with the specific use standards; listed in UDC 11-4-3-20, Fuel Sales;
Facility,
1.1.6 Design of all future structures on the site is required to comply with the standards in the Architectural
Standards Manual..
1.1.7 Submit a detail of the pedestrian lighting required along N. Eagle Rd./SH-55 that complies with the
standards listed in UDC -11 -3H -4C.3.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set:
forth in UDC 11-3A-6:
1.2.3 Install lighting consistent with the provisions as set forth in UDC '11-3A-11,.;
1.2.4 Provide a;pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11 -313-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17:.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-51
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11 -3B -5I ;
11-313-8C, and Chapter 3 Article C.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B
7C' (streets).
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313-
11C.
3B11C.
1.2.10 Protect any existing trees on the subject property that are greater than four -inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-313-10.
1.2.11 Provide bicycle parking spaces as set forth in UDC 11 -3C -6G consistent with the design
standards asset forth in UDC 11 -3C -5C.
1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11,-3A-12.
1.2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-313-1 IC.
1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Standards Manual,
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC' 11-3A-7'
and 11-3A-613 as applicable:.
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Meridian City Council Meeting Agenda May 8, 2018 — Page 249' of 416
EXHIBIT A
1.3 Ongoing Conditions of Approval
1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth
in UDC 11 -5B -6G. The applicant shall contact Planning Division staff regarding any proposed
modification and/or transfer of ownership.
1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use
within two years as set forth in UDC 11-513-6171 or 2) gain approval of a time extension as set
forth in UDC 11 -5B -6F4;
1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of any building permit
application.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Domestic water mains intended to provide service to the subject site from the City of Meridian
are currently being installed adjacent to the subject site in the Brickyard Development. However,
the site of the convenience store and fuel islands currently falls within Suez Water's service area,
and Suez has expressed their position of retaining service to the area.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub -grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City Engineer.
2.2.3 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being developed shall be tiled per UDC 11 -
3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
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Meridian City Council Meeting Agenda May 8, 2018 — Page 250 of 416
EXHIBIT A
2.2.4 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-14 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.5 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.6 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.7 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.8 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.9 All grading of the site shall be performed in conformance with MCC 11-1-413.
2.2.10 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.11 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD.
The design engineer shall provide certification that the facilities have been installed in accordance
with the approved design plans. This certification will be required before a certificate of
occupancy is issued for any structures within the project.
2.2.12 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.13 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed public sewer, water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 A deceleration lane is needed on N. Eagle Road for safe access to the site.
4. FIRE DEPARTMENT
4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Fire Department plugs.
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have a Storz LDH connection in place of the 4 1/2" outlet. The Storz
connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2"
outlet.
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Meridian City Council Meeting Agenda May 8, 2018 — Page 251 of 416
EXHIBIT A
b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle.
c. Fire hydrants shall be placed on comers when spacing permits.
d. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
e. Fire hydrants shall be placed 18" above finished grade to the center of the Storz outlet.
f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards.
g. Show all proposed or existing hydrants for all new construction or
additions to existing buildings within 1,000 feet of the project.
4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48'
outside, per International Fire Code Section 503.2.4.
4.4 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.3 & D103.6.
4.5 Operational fire hydrants, temporary or pennanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4.
4.6 Commercial and office occupancies will require a fire -flow consistent with International Fire Code
Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
4.7 Maintain a, separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
4.8 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Section 505.1 and Meridian Amendment 104-4-1.
4.9 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 in) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official as set forth in International Fire
Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 in).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 in).
4.10 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-1.
4.11 The Fire Department will require Fire Department locking Connection caps on all FDC
inlets. IFC 102.9
4.12 Buildings over 30' in height are required to have access roads in accordance with the
International Fire Code Appendix D Section D105
4.13 Emergency response routes and fire lanes shall not be allowed to have traffic calming
devices installed without prior approval of the Fire Code Official. National Fire
Protection IFC 5'03.4.1.
4.14 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet
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Meridian City Council Meeting Agenda May 8, 2018 — Page 252 of 416
EXHIBIT A
(9144mm) or three stories in height shall have at least two means of fire apparatus access for
each structure. The access roads shall be placed a distance apart equal to not less than
one half of the length of the overall diagonal dimension of the property or area to be
served, measured in a straight line asset forth in International Fire Code Appendix D104,1.
4.15 As set forth in International Fire Code Section 504.1, multi -family and commercial
projects shall be required to provide an additional sixty inch (69) wide access point to the
building from the fire lane to allow for the movement of manual fire suppression
equipment and gurney operations. The unobstructed breaks in the parking stalls shall be
provided so that building, access is provided in such a, manner that, the most remote part of
a building can be reached with a length of 150' fire hose as measured around the
perimeter of the building from the fire lane. Code compliant handicap parking stalls may
be included to assist meeting this requirement. Contact the Meridian Fire Department for
details.
5. REPUBLIC SERVICES
5.1 No comments have been received from Republic Services.
6. PARKS DEPARTMENT
6.1 No comments have been received from the Park's Department.
7. IDAHO TRANSPORTATION DEPARTMENT (ITD)
See next page
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Meridian City Council Meeting Agenda May 8, 2018 — Page 253 of 416
EXHIBIT A
IDA"OTHANSFORTATION DIWAKTMENT
sl P.O. Box 8022 (208) 334.88,00
Boise, 10 83707-2028 ftd.jdahogov
N
March 8, 2018
C.Jay Coles
Meridian City Clerk's Office
33 East Idaho Avenue
Meridian, Idaho 83642
VIA EMAIL
RE: 14-2418-0006 AZ, CUP PAST EDDYS
Hallowing comments:
1. This project abuts the State highway system.
9
3, Idaho Code 40-1910 does not allow advertising within the right-of-way of any State highway
system.
a
51
6. ITD does not object to the proposed annexation, coning„ and conditional use permit applications
provided all traffic and access concerns have been addressed with ITD Staff,
If you have any questions, you may contact Shona Tonkin at (208) 334-8341 or me at (208) 332-7190.
Sincerely,
Ken Couch
Development Services Coordinator
Ken,Couch @Vitdjdaliotgov
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Meridian City Council Meeting Agenda May 8, 2018 — Page 254 of 416
EXHIBIT A
Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary
ter
9W WWMW$TRkRT [ W$I4 WMI 11 2M609M39 1 FAXAD&U%
November 14, Z017
Project No. 11-017
5T Investments, Inc
EXHIBIT A
LEGAL DESCRIPTION FOR ANNEXATION
Thenceleaving said easkedy line,, X47'1, 'E a distance of 45,110 feet to the centedine of North
Eagle Road;
Thence leaving said centerfine, NRV47'12'W a distance of 360.40 feet to a found 5/8-hrich rebar
rnarkingthe southwest cometofsaid W-2;
Thence following the westefly bouidary line of saldtot .2, NO5°'29'4r'E a distance, of 225.00 f to a
found 518 -inch rebar marking a boindary angle point in said IJA 2;
Thence leaving said westerly boundary line, 58T4'rl2'E a distance of 315,40 feet (a portion of
which folly wingthe southerly boundary of said Jasmine Acres Subdivision) to, the POINT OF
BEGINNING.
Said parcel contains L862 acres 01, 089 square feet), -=re, or less and Is subject to all existing
easements and/or rightsof-way of'record or implied,
Attached hereto, is Exhibit B and bV this reference Is made a part hereof.
ENGNEERS I SURWYORS 1 PLANNEIR5
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Meridian City Council Meeting Agenda May 8, 2018 — Page 255 of 416
EXHIBIT A
Jasmine Atre Subdivision
POINT OF _,e BEI NG
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(.1.500 Acres)
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"I'VS-050 EXHIBIT B -AN E ATI N
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SITUATED IN', A PORITI(M OF THE NE s 4, SEC 32 ANDA P1011ON OF TI -E
mw 3J4, sw 1/4, at 3,3,r. 4 W, fL1 E, AbA COLIN11Y, IDAHO.
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Meridian City Council Meeting Agenda May 8, 2018 - Page 2561 of 416
EXHIBIT A
A Required Findings from Unified Development Code
1. ANNEXATION & ZONING FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The City Council finds that the proposed map amendment to C -G is consistent with the
Mixed Use - Regional PLUM designation that they've deemed appropriate to "float" to this
property. Therefore, the City Council finds the amendment is consistent with the applicable
provisions of the Comprehensive Plan (see section V11 above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the C -G zoning district is
consistent with the purpose statement of the commercial districts as detailed in Section V111
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-511-1E).
The City Council finds the proposed annexation of this property is in the best interest of the
City if the applicant develops the site in accord with the conditions listed in Exhibit B.
2. CONDITIONAL USE PERMIT:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council finds that the site is large enough to accommodate the proposed use and
meet the dimensional and development regulations of the C -G zoning district and the specific
use standards for the proposed drive-through establishment and fuel sales facility.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed drive-through establishment and fuel sales facility in
the C -G zone meets the objectives and policies of the Comprehensive Plan.
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Meridian City Council Meeting Agenda May 8, 2018 — Page 257 of 416
EXHIBIT A
c. That the design, construction, operation and:maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The City Council finds that the general design, construction, operation and maintenance of
the drive-through establishment and fuel sales facility use will be compatible with existing
residential and commercial uses in the vicinity if the developer complies with the conditions
of approval contained herein. Further', the City Council finds that the proposed project will be
compatible with the existing and intended character of the area and will not adversely change
the character thereof.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The City Council finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
e. That the, proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police, and fire protection, drainage
structures, refuse disposal, water, and sewer.
The City Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department, Police Department and other agencies -
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The City Council finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The City Council finds that the proposed development should not involve activities that will
create nuisances that would be detrimental to the general welfare of the surrounding area.
The City Council recognizes the fact that traffic and noise will increase with the approval of
this development; however, whenever undeveloped property is developed, the amount of
traffic generation does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural feature(s) of major importance.
16;
Meridian City Council Meeting Agenda May 8, 2018 — Page 258 of 416