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3970 E. OVerland Rd. (H-2024-0053)
Ada County Recorder Trent Tripple 2025-022883 Boise,Idaho Pgs=40 vbailey 04/15/2025 0455:08 PM. CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. >David C. Roe, as personal representative of the estate of Sandra Jean Roe, deceased, in Ada County, Idaho,Probate Case No. CV14-22- 09665 THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 15th day of �, C— 1 2025,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 David C. Roe, as personal representative of the estate of Sandra Jean Roe, deceased, in Ada County, Idaho, Probate Case No. CV1422-09665, whose "address is O hereinafter called OWNER/DEVELOPER: I. RECITALS: 1.1 WHEREAS,Owner is the sole owner, in law and/or equity, of certain tract of land in 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 § 67-651]A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or 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 I 1-58-3 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 have submitted an application for annexation and zoning;of 1.120 acres of land with a request for the C-G (General Retail and Service Commercial)zoning district on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the 'City ;of Meridian planning jurisdiction and includes further testimony and comment; and DEVELOPMENT AGREEMENT—3970 E OVERLAND ROAD(H-2024-0053) PAGE I OF 8 1.7 WHEREAS, on the 18" day of February, 2025, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem 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 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring 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 is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, 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 David C. Roe, as personal representative of the estate of Sandra Jean Roe, deceased,in Ada County, Idaho, Probate Case No. CV14-22-09665, whose address is 1" &1.0. C��,0/4*ereinafter called OWNER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) PAGE 2 OF 8 4. USES PERMITTED BY THIS 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. Future development of this site shall be generally consistent with the concept plan and conceptual building elevations included in Section IV of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B" and the provisions contained herein. b. Direct access to E. Overland Road is prohibited. c. Provide a 15-foot landscape buffer to the north and east along the north side of the property along with a six (6) foot privacy fence to block headlines from the residential property unless waived by Council. d. The Owner/Developer shall be required to rant cross-access/ingress-egress to adjoining property to the east by a recorded easement. A copy of the easement shall be submitted with the certificate of zoning compliance application. e. A Certificate of Zoning Compliance (CZC) and Design Review application shall be submitted and approved for the proposed commercial building prior to submittal of a building permit application.The design of the site and structures shall comply with the standards listed in UDC 11-3A-49; the design standards listed in the Architectural Standards Manual. f. Future development of the site shall comply with the ordinances in effect at the time of development. g. Development of the subject property shall comply with the C-G standards listed in UDC 11-213-3. The only uses allowed on the subject property are as follows: • Restaurant—excluding drive-through • Flex Space • Retail Sales • Professional and Personal Service; and • Office h. Business hours of operation within the C-G District shall be limited from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district. DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) PAGE 3 OF 8 6. APPROVAL PERIOD: If this Agreement has not been fully executed within six (6) months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 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 (180) 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 from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 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. 7.6 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. DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) PAGE 4 OF 8 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 rezoning 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 agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: David C. Roe,Personal Representative Street: 184/ d4RAM110 E3,�vp, City/State/ZIP: 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 DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) PAGE 5 OF 8 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 and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or 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. 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. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property ("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 21. 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. 22. 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/Developer 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. 22.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein provided for can be modified or amended without the approval of the DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) PAGE 6 OF 8 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. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective upon execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) PAGE 7 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: David C. Roe, as personal representative of the estate of Sandra Jean Roe, deceased, in Ada County, Idaho,Probate Case No. CV14-22-09665 _ y P ' �v David C. Roe, Personal Representative State of^ C�-hO ) ss: County of� ) This record was signed or acknowledged before me on this S day of_ .j 2025,by David C. Roe,as personal representative of the estate of Sandra Jean Roe,deceased, in Ada County, Idaho, Probate Case No. CV 14-22- 09665. BETHANY WEEKS Notary Public-State of Idaho Commission Number 20231 S otota lic My Commission Expires Apr 03,2029 My Commission pires: OZ� CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 4-15-2025 Chris Johnson, City Clerk 4-15-2025 State of Idaho ) ss County of Ada ) On this 15th day of April 2025, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) PAGE 8 OF 8 Personal Agreement I Vuong Nguyen am sole and separate from Dave Roe owner of 3970 East Overland Rd Meridian. Hereby will be held liable and responsible for following guidelines of development agreement as established by the city of Meridian as the Developer. I relieve Dave Roe from all liabilities held within the guidelines of the development agreement. The development agreement is intended to run with the land. And not be binding to Dave Roe current owner after a successful sale and closing to myself Vuong Nguyen. Vuong Nguyen Print. v , � ���Obate Sign. Date � - Notary Public My Commission Expires: Acknowledgment by Individual E State of County of &-off D i On this �da of 20 �. Before me, Name of Notary Public the undersigned Notary Public, personally appeared y LA 0 C) 5" \2G� Name of Signer(s) ❑ Proved to me on the oath of ❑ Personally known to me Proved to me on the basis of satisfactory evidence �i��U 1 ,-- U►��S� (Description of ID) to be the person(s)whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed it. WITNESS my hand and official seal. TREVATIiOMPSON l Notary Public-State of Idaho Commission Number 20232115 My Commission Expires May 2 i, 2029 (Signature of Notary Public) My commission expires Gj Notary Seal Optional:A thumbprint is only needed if state stat- utes require a thumbprint. For Bank Purposes Only RightThumbprint Description of Attached Document of Signer Type or Title of Document Top of thumb here Document Date Number of Pages Signer(s) Other Than Named Above I Account Number(if applicable) I F001 - 00000DSG5350 - 01 DSG5350/595575(Rev 05-05/21) PORTSIDE LAND SURVEYING , LLC EXHIBIT A ANNEXATION LEGAL DESCRIPTION A parcel of land that includes Ada County Highway District right-of-way, to be annexed into the City of Meridian, said parcel being located in a portion of the Southeast Quarter of the Southwest Quarter of Section 16,Township 3 North, Range 1 East, Boise Merdian,said area of land being more particularly described as follows: Commencing at a found brass cap monument at the South Quarter corner of said Section 16,the True Point of Beginning; Thence along the South line of said Section 16, North 89°15'33" West a distance of 233.71 feet to a point of intersection of the centerline of S.Topaz Avenue and said South line,- Thence along said centerline, North 00°05'20"West a distance of 208.90 feet; Thence South 89°12'37" East a distance of 25.00 feet to the Southwest corner of Lot 17, Block 1, Plat of Jewel Subdivision, Book 34, 2056, records of Ada County; Thence along said Lot line, South 89°12'37" East a distance of 208.71 feet to a point on the East line of Rolling Hill Subdivision, Book 18, 1202, records of Ada County; Thence along said East line South 00°05'30" East a distance of 160.70 feet to a point on the North right-of-way line of East Overland Road; Thence South 00°05'30" East a distance of 48.00 feet to the True Point of Beginning. Said parcel containing 1.120 acres (48,793 Sq. Ft., more or less.) End Description Project No. 24-138 Prepared August 28, 2024 5�`cc � T 12722 b; O F R 'tJ�s IP -Zt zcZ� 3626 W. Hill Rd. Boise, ID 83703 (208) 484-6666 jim*ortsidesurvey.com -EXHIBIT ANNEXA TION MAP A PARCEL OF LAND INCLUDING ACHD RIGHT-OF-WAY, SAID PARCEL BEING LOCATED IN THE SE 114 OF THE SW 114 OF SECTION 16 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO JEWEL SUBDIVISION LOT 17, BLOCK 1 S 89'12'37" E 233.71' SCALE: 1"=50' 208.71 8 1/2 X 11 SHEET ONLY ' LEGEND zo PARCEL LINE 3 u') 5 - - CENTER LINE 0 SECTION LINE N ✓ �o N W �N — — — AGREEMENT AREA J Y 0 0 7 L o =o RIGHT-OF-WAY LINE o L D J z o o Z00 ----------- DIMENSION LINE Z o o Q FOUND BRASS CAP W / w • 518" REBAR, TO BE SET N 52'33'02" W N 89'14'30" W/ O FOUND 518" REBAR O 22.25 0.77' ® CALCULATED POINT P.O.B. POINT OF BEGINNING OF DESCRIPTION S 89'28'04" W 144.14' I w o k- 4 ©nTE1116 CORNER I o� F F16 1098.82' _ _ _ 233.71' A � W � _,- _ 16 N 89'15'33" W 1332.53' 2l E. OVERLAND ROAD 114 CORNER RADIUSN a P.O.B. v'9,�j�F OF C1 2048.00 46.14 46.14 N BF 3 13 W 1'1727 s R PORTS/DE LAND SUR EYING = ANNEXA TION AREA 3626 W. HILL ROAD, BOISE, ID 83703 PHONE. (208) 484-6666 s89°12'37"e 25 208.71 0 0 o o C12 v w 0 CEF O N O O 0 N D O O O Ja O CO C12 W O (D 233.71 n 9°t `w Annexation parcel closure 8/28/2024 Scale: 1 inch= 40 feet File: Tract 1: 1.1201 Acres(48793 Sq.Feet),Closure:s85.0440w 0.01 ft.(1/123404),Perimeter=885 ft. 01 n89.1533w 233.71 02 n00.0520w 208.9 03 s89.1237e 25 04 s89.1237e 208.71 05 s00.0530e 160.7 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION& ORDER In the Matter of the Request for Annexation, by Dominic Pera,JGT Architecture Case No(s).H-2024-0053 For the City Council Hearing Date of: January 14,2025, continued to January28,2025(Findings on February 11,2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 14,2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 14, 2025, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of January 14, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 14, 2025, 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 as Title 11 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 January 14,2025,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(3970 E.OVERLAND ROAD AZ H-2024-0049) - 1 - 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 is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 14, 2025, 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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-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- 6B-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 11-5B-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 11(UDC 11-5B-6F). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(3970 E.OVERLAND ROAD AZ H-2024-0049) -2- 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 67-651IA. 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 § 67-6521(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 §§ 67-6521(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 January 14, 2025 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(3970 E.OVERLAND ROAD AZ H-2024-0049) -3- By action of the City Council at its regular meeting held on the 18th day of February,2025. COUNCIL PRESIDENT LUKE CAVENER VOTED AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED_AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED_AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) ADU Mayor Robert E. Simi on 2-18-2025 Attest: is Johns '„Q City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: n n w } '6 I. Dated: 2-19-2025 City Clerk's Office 0� FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(3970 E.OVERLAND ROAD AZ H-2024-0049) -4- COMMUNITY DEVELOPMENT C'/�fEPIDIAN*,, DEPARTMENT REPORT HEARING 1/28/2025 Legend DATE: Project Location ". Area of Impact TO: Mayor&City Council }= City Limits K OAnalysis FROM: Linda Ritter,Associate Planner 208-884-5533 - lritter@merifiancity.org iF APPLICANT: Dominic Pera,JGT Architecture SUBJECT: H-2024-0053if 3970 E. Overland Road-AZ LOCATION: 3970 E. Overland Road, located in a portion of the SE 1/4 of the SW 1/4 of Section 16,Township 3N,Range IE, -" parcel: S 1116347191 I. PROJECT OVERVIEW A. Summary Annexation and zoning of 1.120-acres of land from the R-1 zone in Ada County to the General Retail and Service Commercial District(C-G) zoning district to construct a 4,800 square foot multi-tenant building with a portion being used for a restaurant. B. Issues/Waivers • Applicant is requesting a reduction of the 25-foot landscape buffer adjacent to the residential properties to the north and east. Property is in probate therefore staff cannot verify the letter received authorizing the landscape buffer reduction. The applicant is seeking a Council waiver to reduce the required landscape buffer as allowed under the UDC. C. Recommendation Staff: Staff recommends approval of the requested annexation per the conditions of approval included in Section IV in accord accordance with Findings in Section V. Commission: Approval D. Decision City of Meridian I Department Report I. Project Overview I1. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential - Proposed Land Use(s) Commercial - Existing Zoning R-1 Ada County VII.A.2 Proposed Zoning General Retail and Service Commercial District(C-G) Adopted FLUM Designation Mixed-Use Regional(MU-RG) VII.A.3 Proposed FLUM Designation Mixed-Use Regional(MU-RG) Table 2: Process Facts Description Details Preapplication Meeting date 9/24/2024 Neighborhood Meeting 7/23/2024 Site posting date 11/15/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District IVY • Comments Received Yes/Staff Report - • Commission Action No - Required • Access Topaz Avenue via E. Overland Road - • Traffic Level of Service Overland Road—Better than"E" - ITD Comments Received Yes/Email stating no comments for this project IV.G Meridian Public Works Wastewater IV.B • Distance to Mainline Sewer main is available in Topaz Ave • Impacts or Concerns See plat conditions Meridian Public Works Water IV.B • Distance to Mainline Water available at the site • Impacts or Concerns • Applicant will be required to extend water main down Topaz Ave.to their North boundary. • Engineer to verify if there is a well onsite.If a well is located on the site it must be abandoned per regulatory requirements and proof of abandonment must be provided to the City. • Water meter should come off the line in Topaz Avenue. Note: See City/Agency Comments and Conditions Section and public record for all department/agency comments received. 3970 E. Overland Rd.H-2024-0053(copy this link into a separate browser). City of Meridian I Department Report II. Community Metrics Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:S1116347191 Date Retrieved:2024/10/25 Parcel Count Parcel Acreage Infill Indicator: Surrounding Area AIMI 94 215 18% Vot city 1& ® City Limits 1,713 1,008. ■ Not City Household Household& Population Growth Households 02020 Population Change:9.9% Population ■Growth (Household and Population Change since 2010 Decennial) 5,000 10,000 15,000 Use Types Residential Addresses All Addresses ■ Single-family 41% 32% 21% Multi-family 59 47% ® Commercial Preliminary Plats (last 5-years) Conditional Use Permit(last 5-years) Proposed Proposed Pending Pending Approved Approved 0 500 1000 1500 2000 0 500 1000 1500 ■ Single-family ® Multi-family See Additional Notes&Details for Staff Report Maps,Tables,and Charts. City of Meridian I Department Report II. Community Metrics Figure 2:ACHD Summary Metrics Level of Service Planning Thresholds 1. Condition of Area Roadways Traffic COUI)t is based on Vehicles per hour{VPH} Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Overland Road 208-feet Principal Arterial 927 Better than °E" Topaz Avenue 162-feet Collector hl1A VA x Acceptable level of service for a five-lane principal arterial is "E" (1,780 VPH)_ x Acceptable level of service for a two-lane collector is 'D" (425 VPH). Notes: See 0. Figure 3: Service Impact Summary ImpactService . ■ Ready Marginal Caution o�y� vat �ae� F�t� o\`ce �a a��'•� .`o� �a\� �i\�e �a\� 00 011 o0 Qa Q- Notes: See Additional Notes&Details for Staff Report Maps,Tables,and Charts. City of Meridian I Department Report II. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The Future Land Use Map(FLUM)designates the area proposed to be annexed as "Mixed-Use Regional,"which is intended to encourage a balanced blend of employment opportunities,retail, residential dwellings, and public uses,particularly in areas near major arterial intersections. This designation supports a diverse and integrated community where residents can live,work, and shop without needing to travel far. The applicant is proposing a 4,800 square foot multi-tenant building with a restaurant. This site is part of a larger Mixed-use Regional area,and the developable area is less than an acre therefore, staff has not provided a full analysis on how the project meets the design concepts of the plan. Table 4: Proiect Overview Description Details History Located within Ada County and zoned RI Physical Features Within the floodplain Acreage 1.21 acres B. History Located within Ada County and zoned R1. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): The current use of the property is residential with several existing buildings on the property. The property consists of one home and two outbuildings. All structures will be removed, and the existing well and septic system will be abandoned as required. The applicant will need to submit a Certificate of Zoning Compliance (CZC) and Design Review (DES) application for review and approval prior to building submittal. 2. Proposed Use Analysis (UDC 11-2): The proposed use "restaurant"is a principally permitted use in the C-G zoning district. 3. Dimensional Standards (UDC 11-2): The proposal will be required to meet the dimensional standards for setbacks,parking requirements, maximum building height, landscape buffers and landscape requirements and for the C-G zoning district. 4. Specific Use Standards (UDC 11-4-3): The proposal shall meet the requirement of the specific use standards for a restaurant per UDC 11-4-3-49. At a minimum, one (])parking space shall be provided for every two hundred fifty(250)square feet of gross floor area. Upon any change of use for an existing building or tenant space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title. D. Design Standards Analysis 1. Existing structure and Site Design Standards(Comp Plan 3.07.02A, Comp Plan 5.01.02D UDC 11-3A-19): Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments. City of Meridian I Department Report III. Staff Analysis Require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots into existing neighborhoods. Buildings shall be designed in accord with the "City of Meridian Architectural Standards Manual." Per UDC 11-3A-19 pedestrian walkways shall provide a continuous walkway that is a minimum of five(5)feet in width from the perimeter sidewalk to the main building entrance(s)for nonresidential uses. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets Per UDC 11-3B-8,the intent of these requirements is to ensure the long term and consistent maintenance of landscape buffers along streets that improve the visual quality of the streetscape,unify diverse architecture,and carry out the comprehensive plan policies related to promoting attractive street(s) and street beautification. The applicant is proposing water conserving design to reduce the required buffer along Overland Road by fifty(50%)percent as allowed per UDC 11-3B-50. ii. Parking lot landscaping Per UDC 11-3B-8,the purpose of perimeter and internal parking lot landscaping is to soften and mitigate the visual and heat island effect of a large expanse of asphalt in parking lots, and to improve the safety and comfort of pedestrians. The applicant needs to add an additional landscape island along the north side of the building as no linear grouping of parking spaces shall exceed twelve(12) in a row, without an internal planter island. The planter island shall run the length of the parking space and may be reduced by two (2)feet to allow for improved vehicular maneuvering. iii. Landscape buffers to adjoining uses Per UDC 11-3B-9, a landscape buffer is required in the C-N, C-C, C-G,L-O, M-E,H-E, and I-L districts on any parcel sharing a contiguous lot line with a residential land use. The landscape buffer is required in the I-H district on any property sharing a contiguous lot line with a nonindustrial use. The single-family residence to the north and the east will be required to be screened with a twenty-five(25)foot landscape buffer and a six(6)foot privacy fence. The applicant is requesting a reduction of the 25 foot landscape buffer adjacent to the residential properties to the north and east. The property is currently in probate therefore staff cannot verify the letter received authorizing the landscape buffer reduction. The applicant has the option of requesting permission from the probate court or requesting a waiver to reduce their landscape buffers. The applicant is requesting a Council waiver to reduce the landscape buffer to the residential use down to fifteen (15)feet. iv. Tree preservation The applicant will be required to submit tree protection and mitigation plans to City Arborist. Per UDC 11-3B-10, the applicant shall preserve existing trees four-inch caliper or greater from destruction during the development. v. Storm integration 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. City of Meridian I Department Report III. Staff Analysis 3. Parking (UDC 11-3C): i. Nonresidential parking analysis Per UDC 11-3C commercial buildings require one(1)parking space for every two hundred(250)square feet of gross floor area for restaurants. The total number of parking spaces required is nineteen (19). The applicant is proposing thirty-seven (37) parking spaces which exceeds the required number parking spaces for this proposal. NOTE: The parking for the site will be reduced by one stall due to the requirement for the applicant to provide another planter island along the north side of the building as mentioned above. ii. Bicycle parking analysis Per UDC 11-3C-6.G One (1) bicycle parking space shall be provided for every twenty- five(25)proposed vehicle parking spaces or portion thereof, except for single-family residences, two-family duplexes, and townhouses. Based on the thirty-seven (37)parking spaces provided, a total of two (2) bicycle parking spaces is required. 4. Building Elevations (Comp Plan 5.01.02D, Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VII.F. Building materials consist of stucco, stone, wood and metal accent. Final design is required to comply with the design standards in the Architectural Standards Manual and recorded development agreement. The Comprehensive Plan's goal is to require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots into existing neighborhoods. 5. Fencing (UDC 11-3A-6, 11-3A-7): The applicant is proposing to install a six(6)foot high vinyl fence along the northern property line. The applicant will need to provide fencing on the residential portion on the east side of the property. Fencing shall comply with the requirements outlined in UDC H- 3A-7. E. Transportation Analysis 1. Access (Comp Plan 6.01.02C, UDC 11-3A-3, UDC 11-3H-4): Access to the property is from S. Topez Avenue via E. Overland Road in accord with UDC 11-3A-3. The applicant shall be required to grant cross-access/ingress-egress to adjoining properties by a recorded easement per UDC 11-3A-3A.2. NOTE: The property to the east was only required to provide cross access if the existing storage yard is ever converted to parking in the future. 2. Sidewalks (UDC 11-3A-17): All sidewalks constructed as part of this proposal are required to comply with the standards listed in UDC 11-3A-17. The applicant is proposing sidewalks along the west side of the property along S. Topez Avenue. F. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided with this development as set forth in UDC 11-3A-15. City of Meridian I Department Report 111. Staff Analysis 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 3.03.03A, UDC 11-3A-21): Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. All utilities are available to the site. Water main,fire hydrant and water service require a twenty foot(20) wide easement that extends ten (10)feet past the end of main, hydrant, or water meter. No permanent structures, including trees are allowed inside the easement. Comprehensive Plan policy 3.03.03G require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, water and sewer utilities. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, 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. 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 annexation. The DA shall, at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the concept plan and conceptual building elevations included in Section IV and the provisions contained herein. b. Direct access to E. Overland Road is prohibited. c. Provide a 1525-foot landscape buffer to the north and east along the north side of the property along with a six(6)foot privacy fence to block headlines from the residential property unless waived by Council. d. The applicant shall be required to grant cross-access/ingress-egress to adjoining property to the east by a recorded easement. A copy of the easement shall be submitted with the certificate of zoning compliance application. e. A Certificate of Zoning Compliance(CZC) and Design Review application shall be submitted and approved for the proposed commercial building prior to submittal of a building permit application. The design of the site and structures shall comply with the standards listed in UDC 11-3A-49; the design standards listed in the Architectural Standards Manual. f. Future development of the site shall comply with the ordinances in effect at the time of development. g. Development of the subject property shall comply with the C -G standards listed in UDC 11-2B- 3. The only uses allowed on the subject property are as follows: City of Meridian I Department Report IV. City/Agency Comments &Conditions • Restaurant-excluding drive-through • Flex Space; • Retail Sales; • Professional and personal service; and • Office. h. Business hours of operation within the C-G District shall be limited from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district. B. Meridian Public Works See public record(copy the link into a separate browser) https://weblink.meridianciN.org/WebLink/Browse.aspx?id=365356&dbid=0&repo=Meridian Cit Y C. Meridian Park's Department 1. Submit tree protection and mitigation plans to City Arborist. D. Idaho Department of Environmental Quality(DEQ) See public record(copy the link into a separate browser) https://weblink.meridiancioy.orkIWebLinkIBrowse.aspx?id=365356&dbid=0&repo=MeridianCit Y- E. Ada County Development See public record(copy the link into a separate browser) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=365356&dbid=0&repo=MeridianCit Y F. Ada County Highway District(ACHD) See public record(copy the link into a separate browser) https://weblink.meridiancioy.ory WWebLinkIBrowse.aspx?id=365356&dbid=0&repo=MeridianCit Y G. Idaho Transportation Department(ITD) See public record(copy the link into a separate browser) https://weblink.meridiancioy.orglWebLinkIBrowse.aspx?id=365356&dbid=0&repo=MeridianCit Y V. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) 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; Commission finds annexation of the subject site with C-G zoning designation is consistent with the Comprehensive Plan Mixed-Used Regional FLUM designationfor this property, if the Applicant complies with the provisions in Section IV. City of Meridian I Department Report V. Findings 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds the layout proposed will be consistent with the purpose statement of the commercial district in that business opportunities provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Commission finds that the map amendment 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 Commission finds that the map amendment will not result in an adverse impact upon the delivery of services. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section IV. VI. ACTION A. Staff: Staff recommends approval of the requested annexation per the conditions of approval included in Section IV in accord accordance with Findings in Section V. B. Commission: The Meridian Planning&Zoning Commission heard these items on December 5, 2024. At the public hearing,the Commission moved to recommend approval of the subject annexation and zoning requests. 1. Summary of Commission public hearing_ a. In favor: Jerrod Wall r_rg en representing the owner b. In opposition:None C. Commenting: Lynette Adsitt, Carl Babbitt d. Written testimony:None e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: None 2. Key issue(s) public testimon: a. Whether or not Topaz Avenue would extend all the way to Top Golf,will Overland Road be widened to seven(7)lanes and getting onto Overland Road from Topaz Avenue 3. Key issue(s)of discussion by Commission: a. Additional traffic on Topaz Avenue and reduction of the landscape buffer along the residential properties. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None City of Meridian I Department Report VI. Action C. City Council: The Meridian City Council heard these items on January 28,2025.At the public hearing.the Council moved to approve the subject annexation request. 1. Summary of the City Council public hearing: a. In favor: Jerrod Wallgren representing the applicant b. In opposition:None C. Commenting: Lynette Adsitt,Mike Blowers,Anita Gallagher d. Written testimony:None e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Getting onto Overland Road from Topaz Avenue,merging conflicts and traffic issues in the area. 3. Key issue(s)of discussion by City Council: a. How the area would develop in the future cross access and potential roadways in the area with redevelopment. 4. City Council change(s)to Commission recommendation. a. Added cross access to the north of the property City of Meridian I Department Report VI. Action � 1 ct Location 'a' 111 of Impact 0 10 Analysis 84 Mh I �., IT �r ♦ _ Iu � �"- - ram J _ UJ 1► ��i��urua►j'ii� Project Location Legend WillArea of Impact u �y1,�■nnr��f■0:�� 0 Analysis llllll►� i►/Alllilllll!��nr �inu■■■.0/Iar 84 ...`-_a�, �IIIIIIIIIII. ";�:1111111 �111I on wi �oil,a allllllllll: ll..�:;�'�" .....aiur �� ,■■nnlrm�mr�■1111111111�• M M:M ■■■■■ '■ JIIllulnu��r►■ Illllllll��s�•■■■ 1■ ��■■■■■■ 11 lion ■ Ills 1f- r OYERL-AND -- `�_ • ■ ���•nur�'�na♦Ilwiii iii I`l a,_illj#i � ra ♦ gnu nr r it 6�:r,�er s••.y.� a�....r, fir . � ■, �. ��n. 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Map Notes Nearby Recent Preliminary Plats(2018+) H-2016-0112 H-2017-0104 Nearby Recent Conditional Use Permits(2018+) H-2020-0123 City of Meridian I Department Report VII. Exhibits B. Subject Site Photos -Am T•_ y Jq[1Rtlktl�Fpm4[Ef/� N - - _ 40 Agg L r -- City of Meridian Department Report VII. Exhibits C. Service Accessibility Report PARCEL S1116347191 SERVICE ACCESSIBILITY Overall Score: 29 32nd Percentile Criteria Description k Location Within 1/2 mile of City Limits YELLOW Extension Sewer Trunkshed mains < 5CO ft. from parcel GREEN Floodplain Within 100 yr floodplain & < 2 acres RED Emergency Services Fire Response time e 5 min. GREEN Emergency Services Police Meets response time goals most of the time GREEN Pathways Within 1/4 mile of current pathways GREEN Transit Within 1/4 mile of current transit route GREEN Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets GREEN plan) matches existing (# of lanes) School Walking Proximity From 1/2 to 1 mile walking YELLOIV Either a High School or College within 2 miles OR a School Drivability Middle or Elementary School within 1 mile driving GREEN (existing or future) ParkWalkability No park within walking distance by park type RED City of Meridian I Department Report VII. Exhibits D. Site Plan(date: 9/30/2024) seal Y FLrfd RE C GGSS P17:E 53' -;CONNEClvTY• 3 15 FT.LAHSCAPE BUFF Yf I i I FUFLBE l CROSS CESS COMNE-CiMfY f 'ROPCS EC 6U LUINm3- - :.675 S-i.FT. LI 1 11 - _ I l ' oveRuwo 1 L� M I� aaovoseo aui�mxc � � <.eos sa.rr. �LLio 1 J 0. - z o `.•? z o 6 / ovexuxo naw .Rh%-t.0 �.coMcear errs aLax .o. v • City of Meridian Department Report VII. Exhibits E. Building Elevations(date: 9/30/2024) 1 � 1 - p � w m 6f� m Il _� m it ° a I I � � I � I 1 _ I i Y NEW MULTI-TENHNTBUILDING igt architecture FOR VLK)W NGUYEH r � TOUE OVULAWU 190M.WRWVN.10 M642 ` d .r..ra.�w•.'+.�.$ City of Meridian Department Report VII. Exhibits F. Annexation Legal Description& Exhibit Map PORTIDE LAND SURVEYING _ LLC EXHIBIT A ANNEXATION LEGAL DESCRIPTION A parcel of land that Intl udes Ada County Highway District rlght-of-waw,io be annexed into the City of Meridian,so id pa real being located in a po rtlon of the Southeast Qua rter of thg Southwest Qua rte r of Section 16,Township 3 North,Range 1 East,Eloise Merdian,said area of land being more pa rti€uia rly described as follows; Gommmml ng at a found brass ca p monument at the South Qua rte r corner of sabd SeCtlorr 16,the True Point of Beginning; -Mence along the South Erie of said Sactlon 16,North$9'15'33"west a distanr a fif 23�1.71 feet tp a paint of intersection of the cenrerrne of 5.Tvpai Avenue and said South line; Thence along said centerlirie,North00-05'20" Westadistance of 208.90feet; Ttren[e South 89122137"East a distance of 25BO feet to the Southwest comer bf Lot 17,Block 1, Plat of Jewel Subdivision,Book 34r 2056,revards of Ada County; Thence along said Lot line,South 89'12'37"East a distance of 208.72 feet to a paint an the East line of Rolling H III 5ubdiwisio n, Book 48r 1202,records of Ada County; Thence along sold East lime South OO C5'30 r East a distance of 160.70 feet to a point on the North right-of-way line of East Overland Road; Thence SOarth WOS'30"East a dlsta nee of 48.00 feet to the True Paint of Beglitini ng- Said par"I tontaioiq 1.120 acres W,793 Sq.Ft.,more or tess.) End Pewriptiort Project No.24-138 Prepared August 29.2024 _tom i? �S\ T fi; 12722 " r 0 F� +r 3616 W. Hril Rd Bohr,!D 83703 {208J 184-6666 Jd�fuk oretddts�rruey_ra� City of Meridian I Department Report VII. Exhibits HXMI-RIT B ANNEXA 77ON MAP A PARCEL OF LAND INCLUMG ACHD RIGIHT—CEF—WAY. SAID PARCEL BEING LWA7ED IN 7TIE SE 714 OF THE SW 114 OF SEC770N 16 ro*NSa4IP 3 NORTH, RANGE I EAST, 80NSE MERILYAN, ADA C UAII Y, WAHO + LOT 17, BLOCK 1 S 7237-F 2J3.71' SCALE' 1 _SHEET �7 8 1/2 X 11 SHEEP ONLY 2 't a LEGEND w PARCEL LINE LIE } O � m BECKON UNE ACREEUENT AREA $ " , I? RIGHT—OF—WAY LWC zm --------- DWENSIOaN IJM o FUMV BRAS$ CAP ray to # 5yW-REBAR, TO BE SET M 52133'02 w N &9't�'30' w p FWJV9 516'RERAR 22,25' 0.77' CALCULATED POINT „y P.O.B. POWT OF BEGNNRWG OF OESCRIPPON 5 89'2- 04' w i44.74' w DoRrrErr I � I09$.92' — — �233,T7' _ L f 70 N 99 W33" w 1332-53' E. � T14 CORNER tl P.0.B "y Oft 1 Cyr I M LAW &N EY T _ ANNEXA77ON AREA 3626 W HILL ROAD, BOISE, ID 63703 PHOW (2W 454-6666 City of Meridian I Department Report VII. Exhibits 129Ta � 4 ro� Mall Annexation parcel closure 18128J2024 Scale" 1 inch=O feet File; Tray[1.1.1201 Acm(45793 5q.F&Gn.Cb6UY:s85-4440r 6A1 R(1.1734441,P9ernemr4M M. 61 n89.1533k 2M.71 02 n00.0520w 20&9 as"V.17370 25 dl sl14.1237e 20&71 "e06A"1"' City of Meridian I Department Report VII. Exhibits VIII. ADDITIONAL NOTES & DETAILS FOR STAFF REPORT MAPS,TABLES,AND CHARTS (link to Community Metrics) A. One-Mile Radius Existing Condition Notes This data is automatically derived from enterprise application and GIS databases, and exported dynamically. Date retrieved notes generally reflect data acquired or processed within the last 30- days.Analysis is based on a one-mile radius from the centroid of the identified parcel. Parcel based data excludes certain properties and represents land as it exists now. Properties considered are only those with a total assessed value greater than 0(i.e. excludes most HOA area,transitional development, government,and quasi government facilities). The following values also constrain included property acreage to reduce outliers and non-conforming instances from distorting averages: R-2<5.0; R-4<2.0; R-8< 1.0; R-15 <0.5; R-40<0.25. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. Some approved entitlements, and particularly older ones,may be constructed. Decennial population counts and household counts are based on the most recent Decennial Census. Current population and current household values are COMPASS estimates,usually for the year previous, and are based on traffic analysis zone boundaries(TAZ's). B. Mixed Use Analysis Notes This data is derived from enterprise application and GIS databases, and exported dynamically. Data considered for analysis are only those areas overlapping the overall Mixed Use boundary area. Mixed Use areas across arterial roadways are distinct, separate, and not considered as they do not meet the mixed use principles in the Comprehensive Plan(e.g.pedestrian safety, transportation efficiency, etc.). Mixed Use parcel areas may be greater or smaller than the future land use area designation boundary due parcel size,configuration,right-of-way, and other factors. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. C. Service Assessment Notes This data represents existing conditions derived from our enterprise application and GIS database, exported through dynamic reporting. The system references the most recent available data from various sources, including sewer main lines, sewer trunksheds, floodplain, fire service areas and response times,police crime reporting,pathway information,existing and planned transit, roadway improvements, school and park proximity, and other resources. The tool provides context for project review,using multiple indicators consistently. Data from similar topics may vary based on different levels of review. The overall score is based on weighted criteria(not a ranked order), and the percentile score compares the parcel to others in the city(higher is better). This tool was developed as a City Council priority and outcome of the 2019 Comprehensive Plan. Scores,whether high or low, are just one data point and should not be the sole basis for decisions. D. ACHD Roadway Infographic Notes The Ada County Highway District utilizes a number of planning and analysis tools to understand existing and future roadway conditions. • Existing Level of service(LOS).LOS indicator is a common metric to consider a driver's experience with a letter ranking from A to F.Letter A represents free flow conditions, and on the other end Level F represents forced flow with stop and go City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report Maps, Tables, and Charts conditions. These conditions usually represent peak hour driver experience. ACHD considers Level D, stable flow,to be acceptable. The LOS does not represent conditions for bikes or pedestrians, nor indicate whether improvements: are possible; if there are acceptable tradeoffs; or if there is a reasonable cost-benefit. • Integrated Five Year Work Plan (IFYWP).The IFYWP marker(yes/no) indicates whether the specified roadway is listed in the next 5-years. This work may vary, from concept design to construction. • Capital Improvement Plan(CIP).The CIP marker(yes/no)indicates whether the specified roadway is programmed for improvement in the next 20-years. City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report Maps, Tables, and Charts