Z - Development Agreement (H-2019-0111)ADA COUNTY RECORDER Phil McGrane 2020-011637
BOISE IDAHO Pgs=29 BONNIE OBERBILLIG 01/29/2020 02:46 PM
CITY OF MERIDIAN. IDAHO NO FEE
kill"Okl1lot
PARTIES: I . City of Meridian
2, Adler AB Owner V, LLC, Owner
3. DeBoer Opportunity Zone Fund, LLC, and/or its assigns, as assignee
of db AN Communities, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this- day of , 20 1, 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 Adler A -B Owner V, LLC, whose address is 10259 W. Emerald St.,
Boise, ID 83704-8960, hereinafter called OWNER and DeBoer Opportunity Zone Fund, LLC,
�fwhich will in turn assign its interest to a WaterWalk develofirrient entity as
Communities ', whose address is 2121 N Webb Rd, Wichita, KS 67206 hereinafter called
DEVELOPER,
KIM
Ll WHEREAS, Owner is the sole owner, in law and/or equity, of certain tra
E f land in the County of Ada, State of Idaho, described in Exhibit
is attached hereto and by this reference incorporated herein as if set for-th
full, herein after referred to as the Property; and I
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 and/or
Developers make a written conunitment concerning the use or development
of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1 4 WHEREAS, Owner and/or Developer have submitted an application for the
re -zoning of 6.03 acres of land, described in Exhibit "A", from I -L (Light
Industrial) to C -G (General Retail and Service Commercial) zoning districts,
under the Unified Development Code, which generally describes how the
Property will be developed as an extended stay hotel, which will provide
corporate lodging providing temporary housing options for corporate
travelers with extended stay needs, new residents, and short term visitors;
and what improvements will be made to the Property; and
DEvc.LOPNIEN'r AcREEiviENT—WAITR ALK (li-2Ot9-Ol'I 1)
PAGE t OF 9
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EXHIBIT A
Page 1
Waterwalk H-2019-0111
Rezone Legal Description and Exhibit Map
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Page 2
Waterwalk H-2019-0111
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0111 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Rezone of 6.03 Acres of Land from the I-L to the C-G Zoning
District, by dbURBAN Communities.
Case No(s). H-2019-0111
For the City Council Hearing Date of: December 3, 2019 (Findings on December 10, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 3, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 3, 2019, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 3,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 3, 2019, 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 3, 2019, incorporated by reference. The conditions are concluded to be
Meridian City Council Meeting Agenda December 10, 2019 – Page 116 of 261
EXHIBIT B
Meridian City Council Meeting Agenda January 28, 2020 – Page 170 of 229
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0111 - 2 -
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 Rezone is hereby approved with the requirement of a Development
Agreement per the conditions of approval in the Staff Report for the hearing date of December
3, 2019, attached as Exhibit A.
D. Notice of Applicable Time Limits
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
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 December 3, 2019
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By action of the City Council at its regular meeting held on the Q day of Decz I%j(X;
2019.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED k,,9
COUNCIL MEMBER TY PALMER VOTED . D
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
TIE BREAKER)
Mayor Tammy eerd
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:NAw-Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0111 \k)0Ae rU-YA V_ - 3 -
Meridian City Council Meeting Agenda January 28, 2020 – Page 172 of 229
EXHIBIT A
Page 1
HEARING
DATE:
12/3/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0111
Waterwalk
LOCATION: West side of N. Eagle Rd., north of E.
Franklin Rd., in the SE ¼ of Section 8,
Township 3N., Range 1E
I. PROJECT DESCRIPTION
Rezone of 6.03 acres of land from the I-L to the C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 5.18 acres (6.03 acres with adjacent right-of-way)
Future Land Use Designation Commercial
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Hotel/office
Current Zoning I-L (Light Industrial)
Proposed Zoning C-G (General Retail and Service Commercial)
Lots (# and type; bldg/common) NA
Amenities NA
Physical Features (waterways,
hazards, flood plain, hillside)
Hillside/topography (the property slopes down from
Franklin and Eagle Roads)
Neighborhood meeting date; # of
attendees:
September 9, 2019; one (1) attendee
History (previous approvals) ROS #3048; Annexation Ord. 754 (1997, Michael &
Michelle Murasko); ROS #8999 (adjusted boundary of site
for the dedication of N. Olson Ave.)
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Page 2
B. Community Metrics
Description Details Page
Ada County Highway District
Staff report (yes/no) Yes
Requires ACHD
Commission Action
yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
N. Olson Ave. (local street)
Stub Street/Interconnectivity/Cross
Access
None existing
Existing Road Network
Existing Arterial Sidewalks /
Buffers
There is no existing sidewalk or buffers along N. Olson Ave.
Wastewater
Distance to Sewer Services 0
Sewer Shed Five Mile Trunkshed
Estimated Project Sewer
ERU’s
See application information
WRRF Declining Balance 13.75
Project Consistent with
WW Master Plan/Facility
Plan
Yes
Water
Distance to Water Services 0
Pressure Zone Three
Estimated Project Water
ERU’s
See application information
Water Quality Concerns None
Project Consistent with
Water Master Plan
Yes
Impacts/Concerns None
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Page 3
C. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant/Representative:
dbURBAN Communities – 3070 E. Franklin Rd., Meridian, ID 83643
B. Owner:
Adler AB Owner V, LLC – 10250 W. Emerald St., Boise, ID 83704-8960
Future Land Use Map Aerial Map
Zoning Map Planned Development Map
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Page 4
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper notification published 10/18/2019 11/15/2019
Radius notification mailed to
properties within 300 feet 10/15/2019 11/12/2019
Public hearing notice sign posted 10/24/2019 11/15/2019
Nextdoor posting 10/15/2019 11/12/2019
V. STAFF ANALYSIS
The land proposed to be rezoned from the I-L (Light Industrial) to the C-G (General Retail and
Service Commercial) zoning district is designated on the Comprehensive Plan Future Land Use
Map (FLUM) as Commercial; the proposed zoning is consistent with the FLUM designation. A
legal description for the rezone area is included in Section VII.A, which includes additional land
to the centerline of N. Olson Ave. and section line N. Eagle Rd./SH-55 respectively.
The City may require a Development Agreement (DA) in conjunction with a rezone pursuant to
Idaho Code section 67-6511A. In order to ensure future development in the C-G district is
appropriate for this site develops, staff recommends a DA as a provision of the rezone with
the provisions included in Section VIII.
Note: The adjacent C-G zoned properties to the south (Parcel #S1108449800 & S1108449316)
are also under the same ownership as the subject property.
A. Future Land Use Map Designation (https://www.meridiancity.org/compplan)
The Commercial designation provides for a full range of commercial and retail to serve area
residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family
residential, as well as appropriate public uses such as government offices. The proposed extended
stay hotel will provide temporary housing options for new residents and short term visitors;
offices may also be developed on the site.
B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets.” (2.01.04B)
Parking lot landscaping in accord with the standards listed in UDC 11-3B-8C will be
required with development of the site.
Require landscape street buffers for new development along all entryway corridors.”
2.01.02E)
A landscaped 35-foot wide street buffer is required adjacent to Eagle Rd./SH-55, an entryway
corridor, with development.
Consider needed sidewalk, pathway, landscaping, and lighting improvements with all land
use decisions along SH-55.” (3.03.02Q)
With development, a 10-foot wide multi-use pathway and pedestrian lighting will be required
adjacent to Eagle Rd./SH-55 as set forth in UDC 11-3H-4C.3.
Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
Access is proposed via N. Olsen Ave., a local street; no access is proposed via a collector or
arterial street.
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Page 5
Implement the City’s Pathways Master Plan.” (5.03.01A)
The Pathways Master Plan depicts a segment of the City’s multi-use pathway along the east
boundary of this site adjacent to N. Eagle Rd.
C. Proposed Use Analysis:
The proposed hotel use is listed as a P/C (Principal/Conditional) use in UDC Table 11-2B-2 in the
C-G zoning district subject to the specific use standards listed in UDC 11-4-3-23; certain
accessory uses are allowed as noted. A conditional use permit is required for any hotel use that
adjoins a residential district or an existing residence. There are no adjoining residential districts or
uses on adjacent properties. Note: There is an existing residential structure on the adjacent
property to the south under the same ownership at 3070 E. Franklin Rd. (Parcel #S1108449316);
however, the property owner has informed Staff that the renter recently moved out and the
property will no longer be used as a residence.
In addition to a hotel, office (i.e. professional service) uses are also contemplated by the
Applicant to develop on this site. Professional services as well as retail and restaurant uses are
listed as principal permitted uses in the C-G district. Staff is amenable to any of these uses
developing on this site; however, if any other uses are proposed, Staff recommends a new
conceptual development plan is submitted and a modification to the DA is required.
D. Site Plan:
A conceptual site plan was submitted with the rezone application that depicts how the site to be
rezoned may possibly develop with two (2) 4-story hotel buildings and associated parking; office
uses are also contemplated which aren’t depicted on the plan. Because this layout is highly
conceptual at this point and is anticipated to change in the future, Staff does not
recommend it’s included in the Development Agreement. Detailed review of the site plan will
take place with the CZC and DES applications; compliance with UDC and Fire Department
standards is required.
E. Existing Structures/Site Improvements:
There are no existing structures or improvements on this site.
F. Dimensional Standards (UDC 11-2):
Future development is required to comply with the dimensional standards listed in UDC Table
11-2B-3 for the C-G district. Parking lot design shall comply with the standards in UDC Table
11-3C-5.
G. Access (UDC 11-3A-3, 11-3H-4):
One (1) full access is depicted on the conceptual development plan via N. Olsen Ave., a local
street; no access is proposed or approved via E. Franklin Rd. or N. Eagle Rd./SH-55. Eagle Rd. is
planned to be widened in this section in ITD fiscal year 2022 (July 2021-June 2022); additional
right-of-way should be dedicated to ITD if necessary for the widening. Cross-access easements
should be granted to adjacent commercial properties as set forth in UDC 11-3A-3A.2.
H. Parking (11-3C-6)
A total of 222 off-street parking spaces are depicted on the concept plan for the proposed use; a
minimum of one space for every 500 square feet of gross floor area is required to be provided.
Based on two (2) buildings at approximately 60,825 square feet each for a total of 121,650+/-
square feet, a minimum of 243 spaces are required. Additional parking will need to be
provided if the site develops as proposed on the concept plan. The design of the parking
area and drive-aisles will also be required to comply with Fire Department requirements.
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Page 6
I. Pathways (UDC 11-3A-8):
The Pathways Master Plan and UDC 11-3H-4C.3 requires a 10-foot wide multi-use pathway on
or adjacent to this site along N. Eagle Rd./SH-55 with a public use easement; pedestrian lighting
and landscaping is also required per the standards listed in UDC 11-3H-4C.3. Coordinate the
details of the pathway with Kim Warren, Park’s Dept. (208-888-3579). Landscaping is required
to be provided adjacent to all pathways as set forth in UDC 11-3B-12C.
A continuous internal pedestrian walkway that is a minimum of 5-feet in width is required to be
provided from the perimeter sidewalk to the main building entrance(s) and should be
distinguished from the vehicular driving surfaces through the use of pavers, colored or scored
concrete, or bricks as set forth in UDC 11-3A-19B.4.
J. Sidewalks (UDC 11-3A-17):
Sidewalks are required to be provided with development in accord with the standards listed in
UDC 11-3A-17. A minimum 5-foot wide attached sidewalk is required along N. Olsen Ave.; and
a detached sidewalk is required along N. Eagle Rd./SH-55. In lieu of the sidewalk along Eagle
Rd./SH-55, a detached 10-foot wide multi-use pathway should be provided.
K. Landscaping (UDC 11-3B):
Landscaping is required to be provided with development of this site in accord with UDC
standards as follows:
A minimum 35-foot wide street buffer is required to be provided along N. Eagle Rd./SH-55,
an entryway corridor; and a minimum 10-foot wide street buffer is required to be provided
along N. Olsen Ave., a local street, landscaped in accord with the standards listed in UDC 11-
3B-7C. All street buffers are required to be maintained by the property owner or business
owner’s association as set forth in UDC 11-3B-7C.2b.
Parking lot landscaping is required to be provided in accord with the standards listed in UDC
11-3B-8C.
Landscaping is required to be provided adjacent to the multi-use pathway along Eagle
Rd./SH-55 in accord with the standards listed in UDC 11-3B-12C.
A landscape plan complying with the aforementioned standards shall be submitted with the CZC
and DES applications.
The Applicant should contact Elroy Huff, City Arborist, at 208-371-1755 to schedule an
inspection for any existing trees that are proposed to be removed from the site; mitigation may be
required for any existing healthy trees 4” caliper or greater that are removed from the site as set
forth in UDC 11-3B-10C.5.
L. Waterways (UDC 11-3A-6):
There are no waterways on this site.
M. Fencing (UDC 11-3A-6, 11-3A-7):
All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-
7. If fencing is proposed, a detail shall be submitted with the CZC and DES application.
N. Utilities (UDC 11-3A-21):
Street lighting is required to be installed in accord with the City’s adopted standards,
specifications and ordinances with development. All development is required to be connected to
the City’s water and sewer systems, unless otherwise approved by the City Engineer.
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Page 7
In each development, provision of underground pressurized irrigation water is required as set
forth in UDC 11-3A-15.
O. Building Elevations
Conceptual building elevations were submitted with this application as shown in Section VII.C
note: the east/west and north/south depictions are incorrect). Two (2) 4-story hotel buildings are
proposed with building materials consisting of a mix of textures of cement board siding and stone
veneer. The final design is required to be comply with the design standards listed in the
Architectural Standards Manual. Because the site layout is conceptual at this point and may
require reconfiguration of the structures, Staff does not recommend future development is tied
to these elevations in the Development Agreement.
P. Certificate of Zoning Compliance (CZC) and Design Review (DES):
If approved, the applicant will be required to submit a CZC and DES application to establish the
proposed use and to ensure all site improvements comply with the provisions of the UDC and the
provisions in this report prior to construction, in accord with UDC 11-5B-1. A detailed site and
landscape plan and elevations for future structures shall be submitted in accord with the
provisions in Section VIII that comply with the standards listed in UDC 11-3A-19 and the
Architectural Standards Manual.
VI. DECISION
A. Staff:
Staff recommends approval of the Applicant’s request for a rezone with the requirement of a
Development Agreement containing the provisions in Section VIII.A.
B. The Meridian Planning & Zoning Commission heard these items on November 7, 2019. At the
public hearing, the Commission moved to recommend approval of the subject RZ request.
1. Summary of Commission public hearing:
a. In favor: Dustin Holt
b. In opposition: None
c. Commenting: None
d. Written testimony: Matt Munger, Applicant’s Representative (in agreement with Staff
recommendation)
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by Commission:
a. Agreement that commercial makes sense for this area rather than industrial.
4. Commission change(s) to Staff recommendation:
a. None
5. Outstanding issue(s) for City Council:
a. None
C. The Meridian City Council heard these items on December 3, 2019. At the public hearing, the
Council moved to approve the subject RZ request.
1. Summary of the City Council public hearing:
a. In favor: Dustin Holt
b. In opposition: None
c. Commenting: None
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Page 8
d. Written testimony: None
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by City Council:
a. None
4. City Council change(s) to Commission recommendation:
a. None
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Page 9
VII. EXHIBITS
A. Rezone Legal Description and Exhibit Map
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Page 10
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Page 11
B. Conceptual Development Plan (NOT APPROVED)
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Page 12
C. Conceptual Building Elevations (NOT APPROVED)
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Rezone
1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to
approval of the rezone ordinance, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezone ordinance adoption, and the developer.
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 the
rezone. The DA shall, at minimum, incorporate the following provisions:
a. Future development of this site shall comply with the provisions contained herein. Office,
hotel, retail and restaurant uses are allowed to develop on this site; any and all other uses
shall require modification of this agreement and submittal of a conceptual development plan.
b. Compliance with the specific use standards for hotel uses listed in UDC 11-4-3-23, Hotel or
Motel, is required. The hotel use shall be consistent with the definition in Idaho Code §67-
4711.
c. Direct access to N. Eagle Rd./SH-55 is prohibited; access shall be solely provided via N.
Olsen Ave. in accord with UDC 11-3A-3. Cross-access easements shall be granted to
adjacent commercial properties to the south as set forth in UDC 11-3A-3A.2.
d. A 10-foot wide multi-use pathway is required on or adjacent to this site along N. Eagle
Rd./SH-55 with pedestrian lighting and landscaping in accord with the standards listed in
UDC 11-3H-4C.3 and 11-3B-12C. Coordinate the details of the pathway with Kim Warren,
Park’s Dept. (208-888-3579).
e. A 14-foot wide public pedestrian easement is required to be submitted to the Planning
Division for the multi-use pathway along N. Eagle Rd./SH-55 outside of any right-of-way for
future planned expansion.
f. A minimum 35-foot wide street buffer shall be provided with development along N. Eagle
Rd./SH-55, an entryway corridor; and a 10-foot wide street buffer shall be provided with
development along N. Olsen Ave., a local street, landscaped per the standards listed in UDC
11-3B-7C.
g. All future development of the subject property shall comply with the City of Meridian
ordinances in effect at the time of development.
h. Right-of-way shall be dedicated to the Idaho Transportation Department as needed for the
expansion of Eagle Rd./SH-55.
i. A Certificate of Zoning Compliance and Administrative Design Review application is
required to be submitted to the Planning Division for approval of the site design, building
elevations and the use(s), prior to submittal of building permit applications. Development
shall comply with the standards contained in the Architectural Standards Manual.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 A street light plan will need to be included in the design plans submitted to the City of Meridian.
Street light plan requirements are listed in Section 6-7 of the City's Design Standards.
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2. General Conditions of Approval
2.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided 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.
2.3 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 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.
2.4 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.
2.5 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.
2.6 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.
2.7 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.8 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.9 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 ACHD.
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.
2.10 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
C. PARK’S DEPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/178844/Page1.aspx
D. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/178821/Page1.aspx
E. IDAHO TRANSPORTATION DEPARTMENT (ITD)
http://weblink.meridiancity.org/weblink8/0/doc/178833/Page1.aspx
Meridian City Council Meeting Agenda December 10, 2019 – Page 132 of 261Meridian City Council Meeting Agenda January 28, 2020 – Page 186 of 229
Page 15
F. ADA COUNTY HIGHWAY DISTRICT (ACHD)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=178372&dbid=0
G. FINDINGS
Annexation and/or Rezone (UDC 11-5B-3E)
Required 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 and/or rezone, the council shall make the following findings:
2. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the proposed rezone to C-G and future development of the site with an
office and/or hotel is consistent with the FLUM designation of Commercial for this site and
the applicable provisions of the Comprehensive Plan (see Section V.B. for more information).
3. 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 for the commercial districts in UDC 11-2B-1 and is in
close proximity Eagle Rd./SH-55 and I-84.
4. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds that the proposed zoning map amendment should not be detrimental to
the public health, safety, or welfare.
5. 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.
6. The annexation (as applicable) is in the best interest of city.
This finding is not applicable as the subject application is for a rezone, not an annexation.
Meridian City Council Meeting Agenda December 10, 2019 – Page 133 of 261Meridian City Council Meeting Agenda January 28, 2020 – Page 187 of 229