HomeMy WebLinkAboutBlack Cat East H-2024-0047 CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
AND DECISION& ORDER A
In the Matter of the Request for Annexation and Development Agreement Modification,by
Sawtooth Development.
Case No(s). H-2024-0047
For the City Council Hearing Date of: December 3r1,2024 (Findings on December 17',2024)
A. Findings of Fact
I. Hearing Facts(see attached Staff Report for the hearing date of December 3rd, 2024, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 3rd, 2024, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 3rd,
2024, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of December 17', 2024, incorporated by reference)
B. Conclusions of Law
I. 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 as
Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 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 3rd, 2024, incorporated by reference. The conditions are concluded to
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) - 1 -
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation and a Development Agreement Modification is hereby
approved per the conditions of approval in the Staff Report for the hearing date of December
3',2024, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments,if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years.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 preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
613-7C).
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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -2-
City Code Title 11(UDC 11-5B-6F).
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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted,including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of December 3`a,2024.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -3-
By action of the City Council at its regular meeting held on the 17 day of
December
2024.
COUNCIL PRESIDENT LUKE CAVENER VOTED
COUNCIL VICE PRESIDENT LIZ STRADER VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER BRIAN WHITLOCK VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 12-17-2024
Attest:
Chris Johnson 12-17-2024
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
12-17-2024
By: Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -4-
Exhibit A
COMMUNITY DEVELOPMENT
E IDIAN�--
DEPARTMENT REPORT
HEARING 11/7/2024
Legend
DATE: Project Location
TO: Planning&Zoning Commission Area of impact
�= City Limits _
FROM: Nick Napoli,Associate Planner O Analysis �_y
208-884-5533
nnapoli@meridiancity.org ------- `-
APPLICANT: Brandon Swanson
SUBJECT: H-2024-0047 -
Black Cat East %?
9
LOCATION: Located at 935 S.Black Cat Road in the
NE 1/4 of the SE '/4 of Section 16,T.3N.,
R.1 W.
I. PROJECT OVERVIEW
A. Summary
Annexation of 3.62 acres of land with the I-L zoning district to construct an approximately
74,365 square foot industrial building. This application also includes a modification to the
development agreement to include this property in the development agreement for Black Cat
Industrial (H-2021-0064).
B. Recommendation
Staff. Approval
Commission Recommendation: Approval
C. Decision
City Council: Approved
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -5-
II. COMMUNITY METRICS
Table 1: Land Use
Description Details Map Ref.
Existing Land Use(s) Residential in Ada County -
Proposed Land Use(s) Industrial -
Existing/Proposed Zoning RUT Ada County Zoning/I-L(Light Industrial) V.A.2
Future Land Use Designation Mixed Employment V.A.3
Table 2: Process Facts
Description Details
Preapplication Meeting date 7/25/2024
Neighborhood Meeting 7/18/2024
Site posting date 10/28/2024
Table 3: Community Metrics
Agency/Element Description/Issue Reference
Ada County Highway District III.D
• Comments Received Yes -
• Commission Action Required No 1 -
• Access W.Grand Mogul Way and N.Black Cat Road(Collector and Arterial roads)
• Traffic Level of Service Better than E ' -
ITD Comments Received Yes
Meridian Public Works Wastewater 1
• Distance to Mainline Stubbed to site
• Impacts or Concerns No
Meridian Public Works Water
• Distance to Mainline Stubbed to site
• Impacts or Concerns No
Note: See section IV. City/Agency Comments & Conditions or the public record at Public
Record for agency comments received on this application.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -6-
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code (UDC)
A. General Overview
The subject property is within the Ten Mile Interchange Specific Area Plan (TMISAP) and
designated as Mixed Employment on the Future Land Use Map(FLUM). This designation is
described by the TMISAP as an area to encourage a diversity of compatible land uses that may
include a mixture of office,research and specialized employment areas, light industrial
including manufacturing and assembly, and other miscellaneous uses. Mixed Employment
areas should provide a variety of flexible sites for small,local or start-up businesses, as well as
sites for large national or regional enterprises. Mixed density employment will accommodate a
wide variety of employers and serve as a primary gateway to Meridian and Meridian's prosperity.
In the Mixed Employment FLUM designation,the preferred zoning is M-E,however other zones
may be appropriate when/if it is determined the requesting zone aligns with the vision of the plan
and integrates with surrounding properties. The applicant is requesting to annex this property with
the I-L zoning district. The reason for their request for this zone is to integrate the proposed
development with the existing Black Cat Industrial development that is currently underway,
which is also zoned I-L. Staff finds I-L zoning is appropriate for this property based on the
development occurring in the area.
Table 4: Proiect Overview
Description Details
History H-2021-0064 AZ;DA Inst#2022-082504
Acreage 3.62 acres
B. History and Process
This property was part of the initial application for Black Cat Industrial(H-2021-0064),but it was
not annexed at that time. The applicant is now seeking annexation to integrate this property into
the surrounding development and align it with broader planning efforts in the area. While I-L is
not the preferred zone in the Mixed-Employment designation,the City Council previously
approved a request for this zone in the surrounding development. Due to this,the applicant
requests the same exceptions granted by the City Council in the previous application to ensure
cohesive and consistent development.
The development agreement stipulates that certain road improvements are required when specific
square footage thresholds are met. Currently,the site has 559,295 square feet of industrial space
under development, and this application will bring the total to over 600,000 square feet once
constructed. When the total exceeds 960,000 square feet,the following improvements shall be
completed prior to 1,500,000 square feet being reached per the DA and ACHD recommendations:
Black Cat Road will be widened to five lanes between Grand Mogul Drive and Franklin;the
intersection of Black Cat and Franklin must be upgraded; and the intersection of McDermott and
Franklin will need to be improved with a two-way left turn lane unless Franklin has already been
widened to five lanes.
Note: City Council previously found that the Center met the goals of the TMISAP. The inclusion
of the Property within the Center's boundaries is a continuation of that approval and allows
the Property to be developed in accord with the larger industrial business complex.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -7-
C. Site Development and Use Analysis
1. Proposed Use Analysis (UDC 11-2):
The applicant seeks to annex and zone the property as Light Industrial(I-L),which allows for
a variety of uses. The narrative states the Black Cat Business Center would provide in-
demand manufacturing,heavier office build-out, flex industrial and accessory retail,
warehousing and distributing facilities in this region. Currently,the existing Development
Agreement limits certain activities, specifically prohibiting"storage facility, self-service"and
vehicle impound sales and repair unless conducted entirely indoors. This restriction aims to
support industrial users and job creation. The property will remain subject to the same
Development Agreement provisions,along with additional requirements as specified in
Section III.
According to the concept plan,the predominant use appears to be warehousing and
distribution,which is consistent with the surrounding area and aligns with the City Council's
previous approval. Given this consistency, staff recommends that this parcel be developed in
accordance with that approval to ensure an integrated approach.
2. Dimensional Standards (UDC 11-2):
The I-L zoning district requires a 35' street setback,20' landscape buffer along collector
streets, 25' wide buffer along arterial streets, and allows height up to 50'. The concept plan
and elevations submitted appear to meet these requirements.
D. Design Standards Analysis
1. Landscaping (UDC 11-3B):
i. Landscape buffers along streets
A 20-foot wide landscape buffer is required adjacent to collector streets (W. Grand
Mogul Drive), and a 25-foot wide buffer required adjacent to arterial streets(S. Black Cat
Rd). These buffers shall be landscaped per the standards in UDC 11-3B-7C. Landscaping
requirements will be analyzed with the Certificate of Zoning Compliance.
ii. Parking lot landscaping
Landscaping is required to be provided along all parking areas per the standards listed in
UDC 11-313-8. The requirements include 5 ft.perimeter adjacent to streets and islands of
at least 50 sq. ft. per every 12 parking spaces. These requirements will be analyzed with
the Certificate of Zoning Compliance.
iii. Tree preservation
A Tree Mitigation Plan should be submitted with the Certificate of Zoning Compliance
detailing all existing trees and methods of mitigation outlined by the City Arborist before
any trees are to be removed as set forth in UDC 11-3B-1OC.5.
iv. Storm integration
Storm drainage is required to comply with the standards listed in UDC 11-3A-18.
Drainage swales should not be within the landscape setbacks along S. Black Cat Road.
v. Pathway landscaping
It appears that 5 feet of landscaping is provided on both sides of the proposed pathways.
However,these requirements will be analyzed with the Certificate of Zoning
Compliance.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -8-
2. Parking (UDC 11-3C):
i. Nonresidential parking analysis
UDC 11-3C-6 requires one space for every two thousand(2,000) sq. ft. of gross floor
area in industrial districts. The applicant is proposing 69 parking spaces on the concept
plan which exceeds the 37 spaces that are required with the building(74,365 square feet).
ii. Bicycle parking analysis
A minimum of one(1)bicycle parking space must be provided for every 25 vehicle
spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to
comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking
is not depicted and the plans shall be revised to incorporate the location of the bicycle
parking with the Certificate of Zoning Compliance submittal that meet these
requirements. The applicant has agreed to include bicycle parking with future submittals.
3. Building Elevations (Comp Plan,Architectural Standards Manual):
Goals 5.01.02C and 2.09.03A of the comprehensive plan promote area beautification and
community identity through heightened design standards providing distinct and engaging
identities.
In response,the developer is proposing a large one-story industrial building(with higher
ceilings and upper windows to appear as two-story)comprised of tilt-up concrete,moderate
to large setbacks from the street,and frontages below the required 30%fenestration
requirement along public streets as mentioned in the ASM. Primary entrances are oriented
inward toward the parking lots rather than toward the street(N. Black Cat Road). The
applicant's narrative states that due to security and visibility concerns, lack of access to
directly to Black Cat Road,and frontage parking being discouraged, the light industrial use of
the buildings does not support windows across the entire frontage.As an alternative,they
propose enhanced glazing at corner entry elements as shown in the renderings.
The Architectural Standards Manual requires modulation in the surface plane at intervals of
no less than 50 feet. It also requires at least two pedestrian-scale architectural features and
physical distinctions to anchor the building, along with a minimum of two different field
materials and one accent material.
The DA mandates adherence to the TMISAP design guidelines and the ASM. Since the ASM
sets a more stringent requirement of 30% fenestration compared to the 20% specified by the
TMISAP, compliance with the ASM(30% fenestration) is necessary. However,the applicant
may request a design standards exception during the review process to potentially reduce the
fenestration to 20%in accordance with the TMISAP. Given the building's prominent location
at the corner of Black Cat and 1-84,the applicant shall increase the fenestration to meet the
30%requirement or apply for a design standard exception. This adjustment should be evident
on the northern section of the east-facing fagade,which is visible before the overpass.
Additionally, staff recommends adding landscaping at the base of the east fagade to create
pedestrian-scale elements while helping break up the building's fagade.
While staff believes the current proposal may struggle to meet all design requirements
outlined in TMISAP for Mixed Employment—such as variations in building height,primary
frontage orientation, and ground-floor transparency—the City Council previously determined
that the Center met TMISAP goals. Including this Property within the Center's boundaries
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -9-
continues that approval and allows for its development in alignment with the larger industrial
business complex.
E. Transportation Analysis
1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4):
Goal 6.01.0213 emphasizes reducing the number of access points onto arterial streets by
utilizing strategies such as cross-access agreements, access management, and the creation of
frontage and backage roads,while also improving connectivity between local and collector
streets. Access is proposed from W. Grand Mogul Drive(a collector street)using an existing
curb cut and private drive aisle leading to this property. The road infrastructure in the
surrounding area is as follows:
W.Franklin Road to the west of the subject property is presently 2 lanes with no curb, gutter
or sidewalk. S. Black Cat Road. is presently 2 lanes with no curb,gutter or sidewalk. The
ACHD Capital Improvements Integrated Five Year Work Plan(IFYWP) shows the
intersection of Franklin Road and McDermott Road to be constructed as a multi-lane
roundabout sometime after 2027. Black Cat Road is listed to be widened to 5 lanes between
W. Overland Road.to W. Franklin Road in 2036 to 2040. W. Franklin Road. is planned to be
widened to 5 lanes between W. McDermott Rd and S.Black Cat Rd sometime after 2028. W.
Franklin Road is eventually intended to connect to SH 16 by a signalized intersection.
In 2022, a traffic impact study was completed with the previous application and is not
required with this application. However,the TIS addressed concerns regarding traffic from
this development and it was found that the infrastructure will be able to manage the 2.2
million square feet that will be developed within the broader project. This property was
included in that scope.
Since this approval,there has been a significant amount of development in the vicinity that is
either being built or has been approved. This includes 378,360 square feet of commercial and
industrial uses across Black Cat Road as a part of Farmstone(H-2023-0045),256 residential
building lots to the northeast as a part of Avani Subdivision(H-2023-0049), 552 Dwelling
units as a part of Vanguard Village, 330 single family lots and 240 apartments as a part of
Braya Subdivision, and a large amount of commercial, industrial, and residential in the
District at Ten Mile,which contribute impacts to the area roadways. These developments also
have requirements and restrictions on development until certain road improvements are
completed.
Specific to this applicant,the development agreement specifies that certain road
improvements are required once specific square footage thresholds are reached. Currently,the
site features 559,295 square feet of industrial space under development,and this application
will increase the total to over 600,000 square feet once constructed. When the total exceeds
960,000 square feet,the following improvements shall be completed prior to 1,500,000
square feet being reached per the DA and ACHD recommendations: Black Cat Road will be
widened to five lanes between Grand Mogul Drive and Franklin; the intersection of Black Cat
and Franklin must be upgraded; and the McDermott and Franklin intersection will need
enhancements, including a two-way left turn lane,unless Franklin has already been widened
to five lanes.
2. Multiuse Pathways and Sidewalks (UDC 11-3A-17) (UDC 11-3A-5):
The previously approved multi-use pathway is located along W. Grand Mogul Drive. This
application proposes an extension of the detached multi-use pathways along the collector
road(W. Grand Mogul Drive). However,the applicant has informed staff that the 10-foot
multi-use pathway has already been installed. Staff will require the pathway to be shown and
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) - 10-
dimensioned as 10-feet with submittal of the certificate of zoning compliance. The concept
plan also includes a 5-foot detached sidewalk along S. Black Cat Road,which terminates in
the middle of the parcel. ACHD has approved the construction of a 5-foot detached sidewalk,
and staff supports this recommendation because a 5-foot detached sidewalk has already been
constructed on N. Black Cat north of this site.While the City usually mandates a 10-foot
detached sidewalk along arterial roads,discussions with the applicant,ACHD, and the Parks
Department have led staff to favor the 5-foot width in this case. Furthermore, staff
recommends installing signage to alert pedestrians about the sidewalk's end.
Additionally,the concept plan indicates detached sidewalks of an unspecified width
paralleling the new collector street on the north portion of the site.
There is no pedestrian connection from this sidewalk to the front entrances for any of the
suites. The applicant shall provide a pedestrian connection point to the entrances of the suites.
If the pedestrian walkway crosses vehicular driving surfaces, it is required to be distinguished
from the vehicular driving surface through the use of pavers, colored or scored concrete, or
bricks as set forth in UDC 11-3A-19B.4.
F. Services Analysis
1. Pressurized Irrigation(UDC 11-3A-15):
Underground pressurized irrigation water is required to be provided to each lot within the
development as set forth in UDC 11-3A-15.
2. Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in all developments in accord with the City's
adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City as set forth in UDC 11-3A-18.
3. Utilities (Comp Plan, UDC 11-3A-21):
Connection to City water and sewer services is required and are available to be extended by
the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G&
3.03.03F.Urban sewer and water infrastructure and curb, gutter, and sidewalks are required
to be provided with development.
III. CITY/AGENCY COMMENTS & CONDITIONS
A. Meridian Planning Division
Prior to approval of the annexation ordinance, an addendum to the DA shall be entered into
between the City of Meridian,the property owner(s)at the time of annexation ordinance
adoption, and the developer. A certificate of zoning compliance shall not be submitted until
the amended DA and Ordinance is approved by City Council.
The addendum to 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 annexation. The
addendum to the DA shall, at minimum, incorporate the following provisions IF City
Council determines annexation is in the best interest of the City:
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) - 11 -
a. Future development of this site shall be generally consistent with the concept
plan, landscape plan, and conceptual building elevations included in Section VIII
and the provisions contained herein.
b. The applicant shall comply with the design standards in the existing development
agreement(Instrument# 2022-082504)with the addition of the following
provisions.
ArehiteeWfal Standards Manual or apply fOF a design standard exeeptie
fenestration to meet an average of 3090; of feaestr-a4ion r-e"ir-ed in the
,; in aeeer-danee with
TA it
• "Notwithstanding M provision in the TMISAP development guidelines or
the Architectural Standards Manual, the eastern facade of the conceptual
building depicted in Section VIII of the Modification Findings shall satisfX
fenestration requirements by incorporating a minimum of 10% fenestration on
the northern half of the eastern facade."
• The east side of the building shall incorporate landscaping at the base of the
building to provide pedestrian scale elements and break up the wall plane.
Planning Division comments related to future application submittals:
1. Provide a pedestrian connection point to the entrances of the suites. If the pedestrian
walkway crosses vehicular driving surfaces, it is required to be distinguished from the
vehicular driving surface through the use of pavers, colored or scored concrete or
bricks.
2. Signage shall be installed ahead of the pathway ending along N. Black Cat Road to
warn pedestrians of the ending walkway.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) - 12-
B. Meridian Public Works
+,wastewater
olstance to Sewer Awailabde at Site
ServirR5
+ Sewer Shed
■ Estimated PFOjeCt See appl Itation
Sewer ERU's
r WERF Declining
Palarrcp
Project Corrsisteryt y25
with WW Master
Plan{Facili rPlan
+ Impacts{enrroerns •
+ See Publ le Works Slte S cilfic Condltians
Water
+ Dista rice toWater Water Avail abieatSite
Services
+ PressumZwe
• Esti mated Project See appl leatlon
Water ER Ur,
• )NaterQuality None
+ Project Consistent Yes
with Water Master
Plan
IfnPacWCGnQrri% Nof1E>-
NON-PLAT CONDITIONS
PUBLIC 4VOKY4 DEPARTLMENT
Site Specific Cond Wow of Approval
I.. if a W01 a 1pcated On the site it rnLLst be abanduned per r uiatury nyuirrmci t+,and pmnf of
abandonrticni must be provided w the City.
2. Ensure no sewer services pass through infiltration trettcks.
3_ Provide 20'Easements for mains_by&rant laterals and water wvices. Easements should extend
up t-r the end of main+hydnindwmLe metrr And l4'beycmd it-
5- No permanent stroc=es(trees,bushes,buildings,carports,trash receptacle walls,fences,
infiltration trenches, light poles,et-C_)tobe wilt within the utility casement.
General Conditions of Approval
I_ Appltcanc sbalI coordinate water and sewer main size and routing with the Public Works
Deparunent_
2. PCr Mvridian City Code(MCC'),the applicant shall be respimsible to install sewer and water
urains to and through this devclopmcni. Applicw)t maybe cligiblc For a reimburscn,cni
agreemcni for infiwttuclurc enhancem ent pCr MCC 8-6-5.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) - 13-
C. Meridian Park's Department
(:�WE ID�N
Parks and Recreation
Reviewer: Kim Warren J Pathways Project Manager
Planner Assigned; Nick Napoli
Project Name: Black CatEa3t File No:H-2024-b047—AZ,MDA Date: revised 10.21.2024
The following will be required for developmentof the proposed project:
CON DITIDNS OF APPROVAL—PATHWAYS-REVISED
1. The project developer shall design and construct multi-use pathways consistent with the location and
specifications set forth in the Meridian Pathways Master Plan Map and Master Pathways Plan Document
Chapter 3). Any proposed adjustments to pathway alignment shall be coordinated through the Pathways
Project Manager_
2. PriortDfinal approval the applicant shall dedicate a public access easement for A10'*0^de FR- t-„sepa%h ay
Rd w;114 a;1Al_C;F2R 1 RAeou1 9P_ detached 10Y wide sidewalks along both sides of W.Grand Mogul Dr-
Ease m E!nts sha I I be a minimum of 1V wide(1Q'pathway+2'shoulder eachside). Easement need only be
dedicated for multiuse pathways(or portions of the pathway)that lie outside the public ROW.
Use standard City tempfute for public artess easement Submit aN easements online through Citizen's
Armes PorW.
3. Construct rnulti-use pathways per paving section based on existing site conditions as recommended by
project civil engineer in accord with UDC 11-3A-8 and 11-313-12. Prior to final approval the applicant's
engineer shall provide written documentation that the pathway segment was constructed per the
recommended specifications_
4. The owner(or representative association)of the property affected by each public access easement shall
havean ongoing ob ligation to maintain the multi-use pathway.
5. 6'high open vision fencingshall be installed between pathways and(live)water irrigation canals and laterals
as detailed in the Meridian Pathways Master Plan,Chapter 3,page 3-5_ All other fence details per UDC 11-
3A-7.
6. Project d eve lopershall be responsible for obtaining license agreementa rid other permission(s)as required
for constructing within irrigation district easements.
7. Should any discrepancy exist between these conditions of approval and the requirements of the irrigation
district,the developer shall work with Pathways Project Manager to achieve a pathway design that meets
both City and irrigation district objectives.City requirements as stated shall not(nor are they intended to)
override those of the irrigation district having jurisdiction over the project area.
D. Ada County Highway District(ACHD)
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) - 14-
ACHD Alexis *c i President
MI ra+Ydd Gdd,V e reslc�ent
]im Hann,n,Cpmmi55igrrr<r
Kenr Ga1tltharpr,{amrn1"or&r
baxw McKinney.CAmrnlWprrer
Date:October 9,2024
To: Brandon Swanson,Sawtooth Development
Elizabeth Koeckeritz,Givens Pursley
Staff Contact:Sam Standal,Assistant Traffic Engineer
Project Description: Black Cat East Rezone and Annexation
Trip Generation_ This development is estimated to generate 330 vehicle trips per day,
33 vehicle trip per hour in the PM peak hour, based on the Institute of Transportation
Engineer's Trip Generation Manual,111h edition_
■ - Traffic I mpact study
All ACHD Policies
required
Area Roadway Level of ACHD Planned
Service Improvements
Performance M-easures
LOS Planning Thresholds in
■
prove
is Transit Available:,
Comments; The tables above list the existing conciitionsof the surround ing
roadways without the proposed development as this application is for annexation
connecting you to more
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) - 15-
IV. FINDINGS
A. Annexation and/or Rezone(UDC 11-511-3E)
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:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
Based on previous approvals, City Council finds the proposed development is
consistent with the TMISAP designation of Mixed Employment and the proposed
development will be a continuation of the Black Cat Industrial Business Complex.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment to I-L is not the preferred
zoning in Mixed-Employment, however I-L is consistent with the current zoning in
this area and the planned uses for the building support the purpose statement of the I-
L zone.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
This application proposes to annex 3.62 acres of property designated as an
employment center with the I-L zoning district to allow a "modern industrial
business"center with a concept plan that resembles a warehousing and distribution
uses. The City Council finds the proposed development will not be detrimental to the
public health, safety, and welfare.
4. 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.
5. The annexation(as applicable)is in the best interest of city.
The City Council finds the proposed annexation and zone of I-L to be in the best
interest of the city due to City Councils previous approval for the larger surrounding
development. This will allow the property to develop in accord with the larger
industrial business complex.
IV. ACTION
A. Staff:
Staff recommend approval of the proposed annexation with the requirement of a Development
Agreement.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) - 16-
B. Commission:
The Meridian Planning & Zoning Commission heard these items on November 7th, 2024.
At the public hearing, the Commission moved to recommend approval of the subject
annexation and development agreement modification requests.
1. Summary of Commission public hearing_:
a. In favor: Clay Sammis and Elizabeth Koeckeritz
b. In opposition: None
c. Commenting None
d. Written testimony: None
e. Staff presenting application: Nick Napoli
f Other Staff commenting on application: None
2. Key issue(s) of public testimon:
a. None
3. Key issue(s) of discussion by Commission:
a. Fenestration on the eastern facade.
4. Commission change(s) to Staff recommendation:
a. None
5. Outstanding issue(s)ssue(s) for City Council:
a. Fenestration on the eastern facade.
C. City Council:
The Meridian City Council heard these items on December 3rd, 2024. At the public
hearing, the Council moved to approve the subject annexation and development
agreement modification requests.
1. Summary of the City Council public hearing,
a. In favor: Clay Sammis and Elizabeth Koeckeritz
b. In opposition: None
c. Commenting: None
d. Written testimony: None
e. Staff presenting application: Nick Napoli
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. Fenestration on the eastern facade.
4. City Council change(s)to Commission recommendation:
a. Adopt the new DA provision as proposed by the applicant.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) - 17-
V. EXHIBITS
A. Project Area Maps
o Project Overview)
1. Aerial
Legend
Project •Area • Impact
-.
0 Analysis
le�,h 0
E{
m
FINDINGS OF • • OF • ORDER
FOR 1 11
2. Zoning Map
Legend
Project Location JIT M1
Area of Impact ! C
C2 RUT
O Analysis -
- m `1 R-8
R-15 R-40
s i
. ,O
TN-C
I-L C-C
WE
R1 ----- H-E
RI
RR
e �
R'�-RI-$
3. Future Land Use
Legend
Project Location
Area of Impact
OAnalysis
Mixed `` —
m Employment _ High Density
�, Residential
General _I -Low Med-High Density
Ind tricl Density Residential
•�� Employment
MU-Res
MU-Com
_ High Density
Employment
Low Density _
Residential
MU-N
Medium Density
Commercial Residential
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) - 19-
4. Planned Development Map
Legend �
O Project Location
Area of Impact
City Limits
Planned Parcels
OAnalysis J
''I
RE
El
1 �Illlll�l�
1 i
1 I 9 p
� 1
Q
Y'
1
1
_ 1
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -20-
B. Subject Site Photos
3�.
- _ S
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -21 -
A
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -22-
C. Service Accessibility Report
Overall Score: 2 1 st Percentile
Description
Lccation Within 1/2 mile of City Limits YELLM-V
Extension Sewer Trunkshed mains � 500 ft. from parcel GREEN
Floodplain Either not within the 100 yr floodplain or > 2 acres GREEN
Emergency Services Fire Response time > 9 min. RED
Emergency Services Police Not enough data to report average response time RED
Pathways Within 1/4 mile of future pathways YELLM-V
Transit Not within 114 of current or future transit route RED
Ultimate configuration (#of lanes in master streets
Arterial Road Buildout Status plan) > existing (# of lanes) & road IS NOT in 5 yr work RED
plan
School Walking Proximity From 1/2 to 1 mile walking YELLOIkf
School Drivability Not within 2 miles driving of existing or future school P RED
Parklalkability No park within walking distance by parktype RED
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -23-
A Site Plan(date: 7/1/2024)
;
lop industrial
L I-= u
I COMMrWX PAW
-_ BULGNGL
arm
WE PLAN
--
- - i --- r--. -- G1.0
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -24-
E. Building Elevations (date: 7/1/2024)
VLMK
Cm C9 m ma EM m indwinol
T IT T T Tr=- T T T T T T
nim
�-'T T T T T T T T T
III 1 7
mm, —1-119 Elm 11
o6 -
y y Yy 1py 17y w y y
V—:E-:o
Revised Eastern Fagade:
M
��rELEV wDm
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -25-
F. Annexation Legal Description& Exhibit Map
THE Page 1 of 1
LAND
GROUP
July 11.ZC24
Pfo)ect No.1211412
EXHIBIT A
BLACK CAI RUAD—BUILDING L
AHNLXArION I]ESCRIPTR}N
A parcel of land located in the Northeast[garter of the Southeast quarter of Section 16, 1awr►ship 3
North,Range 1 West,Boise Mer.dian,Ada County,Idaha,being more particularly described as follows-
Commencing at the East quarter Corner of Section 16 of said rownship 3 North, Range 1 West,[from
which pant the 5ectlon Corner common to SecOons 9,10,1S and 16 of sakd 1 ownshlp 3 North,Range 1
West hea rs South CV 43'6l'West,a distance of 265635 feet distant],
hence from sand Last quarter Comef,south OW 43'4!'west,a distance of 99.89 feet an the East line of
said Section 16 to the PUIN1 CH BEGINNING,
Thence continwrrg Savth OT 43'07"West,a distance of 4A-M feet on said East line;
Thence North 29.16'SY West.a dmtance of 341,152 feet
Thence North DY 46'01"East,a distance of 454.28 feet;
T1r,er,ee South 89' 16' 53" Esst, a distance of 341.44 feet on said least line to the PLMNI UI
HILUNNING.
he a"e descnhed parcel contains 3-62 acres more or le&
PREPARED BY:
HIE LAND C:RLNJP,INC. ~L
P. 7880 I z
�1-11-2D24
t
James R.Washbum �PC pf
P_lPk
402 Ees7 S4orr Drive.Suee 100,Eagle.Stleho M610 206.1M.4041 thelendgmup rw urn
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Black Cat East—H-2024-0047) -26-
- - - RW g,�1 E 114
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THE Building L _
91 LAND Black C Industrial S
|B GROUP Annexation Description
FINDING O FACT,CONCL am OF LAW AND DECISION i ORDER
FOR(Black Cat East-x mk-q) -27-