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HomeMy WebLinkAboutZ - Approved Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC��(IEFI AND DECISION& ORDER In the Matter of the Request for a modification to the existing development agreement(MDA-15- 008,Inst.#2016-049722)to modify provision six(6)to remove"minor vehicle repair"from the prohibited uses and replace the old concept plan with a new one,by Eric Anderson. Case No(s). H-2025-0011 For the City Council Hearing Date of: April 22"',2025 (Findings on May 6th 2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 22°d,2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 22"d, 2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 22"d,2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 6t'',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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 22"d,2025, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 22"d, 2025,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(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 April 22°1, 2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -2- By action of the City Council at its regular meeting held on the 6th day of May,2025. 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 5-6-2025 Attest: Chris Johnson 5-6-2025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-6-2025 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -3- Exhibit A COMMUNITY DEVELOPMENT C��fEPIDIAN*,---, DEPARTMENT REPORT HEARING 4/22/2025 Legend DATE: Project Location TO: Planning&Zoning Commission == Area of impact �_r +- City Limits FROM: Nick Napoli,Associate Planner O Analysis 208-884-5533 nnapoli@meridiancity.org --_ APPLICANT: Eric Anderson 1, SUBJECT: H-2025-0011 Jump Time MDA LOCATION: Located at 2805 E. Franklin Road _ - — (Parcels S1117110550 and S1117110510)in the NE'/4 of the NE --- of Section 17,T.3N.,R.IE. 1 sal 1' PROJECT OVERVIEW A. Summary Modification to the existing development agreement(MDA-15-008, Inst. #2016-049722)to modify provision six(6)to remove"minor vehicle repair"from the prohibited uses and replace the old concept plan with a new one. B. Recommendation Staff. Staff recommends approval of the DA modification with provisions listed in Section IV. C. Decision Council: Approved with the Modification to the DA FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -4- COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Commercial/Vacant - Proposed Land Use(s) Commercial - II. Existing Zoning C-C Zoning VI.A.2 Adopted FLUM Designation Commercial VI.A.3 Table 2: Process Facts Description Details Preapplication Meeting date 1/28/2025 Neighborhood Meeting 2/20/2025 Site posting date 4/12/2025 Table 3: Community Metrics Agency/Element Description/Issue Reference Meridian Public Works Wastewater Error! Reference source not found. • Distance to Mainline Available at site • Impacts or Concerns Yes,any infrastructure changes must be approved by Public Works. Meridian Public Works Water Error! Reference source not found. • Distance to Mainline Available at site • Impacts or Concerns Yes,any infrastructure changes must be approved by Public Works. Note: See section IV. City/Agency Comments & Conditions for comments received or see the public record. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -5- Table 4: Project Overview Description Details History AZ-09-003, MDA-15-008,A-2016-0316 Acreage 3.57 Acres STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview and History ut. The property was annexed with C-C zoning in 2009, consisting of 3.57 acres with two (2) building lots(AZ-09-003). The subject property then went through a development agreement modification to replace the existing DA in 2016 as a part of the Jump Time approval(MDA-15- 008). The concept plan accompanying this DA modification showed 4 buildings with central access to Franklin Road. However, since the annexation, access was required to shift to the west property boundary,which affected the concept plan. Due to the original concept plan, city staff had restricted certain uses,as having children walking through the parking lot with the central access point was a point of concern. Since the access has shifted and cross access has been provided from the property to the east, staff is in support of amending the DA to allow for minor vehicle repair. This use will be rather isolated from the front entrance to Jump Time, and staff is recommending signage to watch for pedestrians. Additionally,minor vehicle repair is otherwise a permitted use in the C-C zone. The properties governed by the current DA do not meet the city's landscaping standards. As a part of the DA modification, staff is requiring the existing parking lot and landscape buffers to be brought into conformity with UDC 11-313. Staff discussed this with the applicant during the pre- application meeting, and no concerns were expressed by the applicant. In terms of nearby and adjacent development,there are existing residential subdivisions to the south and west,with commercial to the east. The proposed minor vehicle repair building is oriented away from the existing residential area,which is buffered by the existing Jump Time building and the landscape buffers. B. Site Development and Use Analysis 1. Proposed Use Analysis (UDC 11-2): The applicant is requesting a Development Agreement Modification to allow for Minor Vehicle Repair, which is currently listed as a prohibited use in the DA, an otherwise permitted use in the C-C zoning district. The proposed user"Grease Monkey" is a national oil change and vehicle repair shop. The hours of operation will be limited to 6 am to 11 pm because of its proximity to the existing residential neighborhoods. The applicant has submitted an updated concept plan to reflect the current configuration of the site. The original concept plan shows 4 buildings on the subject properties but with the relocation of the main access point, only two buildings are proposed with the updated concept plan. 2. Specific Use Standards (UDC 11-4-3): A. Vehicle repair may be allowed as an accessory use, subject to the standards for vehicle repair, major and minor, in the district where the use is located. Not applicable. Vehicle Repair is the primary use. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -6- B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from any street. Not applicable. The applicant will not have inoperable or dismantled vehicles on the property- C. Automotive sales and rental areas shall be subject to the minimum perimeter landscape requirement of parking areas in chapter 3, article B, "landscaping requirements", of this title. Not applicable. D. In addition to chapter 3, article B, "landscaping requirements", of this title, one (1) square foot of landscaping for every fifty(50) square feet of vehicle display area shall be provided. Not applicable. E. Vehicle display pads are prohibited in the required landscape buffers. Not applicable. The applicant will not have a vehicle display area. F. Vehicle display areas shall incorporate design features including, but not limited to, landscape islands, curbing, and pedestrian walkways, that define main drive aisles and internal circulation patterns. Not applicable. C. Development Agreement Modification Existing Provisions: 1. Future development of this site shall substantially comply with the revised conceptual development plan dated March 28t'',2025, included in Section VI and the provisions contained herein. The applieant shall ineer-per-ate a pedestfia-a eir-eula4iaa plan that provides Read. The plan shall be submitted with the first eer-tifieate of zoning eemplianee appheation. 2. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Department for approval of all future buildings/uses on the site, prior to issuance of building permits. 3. Direct access to E. Franklin Road is limited to the access shown on the conceptual development plan approved with this application. Cross-access shall be provided to the property to the west(parcel#S1117120630)and the property to the east(parcel#S1117110201)for future interconnectivity. A recorded copy of the cross-access agreement(s) shall be provided with the first Certificate of Zoning Compliance application. 4. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8,within 6 months after the date of annexation ordinance approval. Contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services.Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 5. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. 6. The uses allowed pursuant to this agreement are those uses allowed in the C-C zoning district listed in UDC Table 11-2B-2 except for the following: drinking establishments, fuel sales facility, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -7- minef- ehie e -ep i,vehicle washing facility,wireless communication facility and vehicle sales and rentals. 7. Bring the existing landscaping buffers and parking lot landscaping into conformity with UDC 11-3B. 8. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 9. The developer/owner shall be responsible for all costs associated with sewer and water service installation. 10. The developer/owner shall construct an 8-foot vinyl fence along the west boundary of the property and a 6-foot fence that matches the existing fence that matches the existing fence adjacent to the southern property boundary and terminate on the western property boundary at the northeast corner of the Yoder Property(Parcel#R3273150110). The owner/developer shall coordinate with the adjacent property owners on the construction of the respective fences. 11. The owner/developer shall construct a 35-foot wide street buffer adjacent to Franklin Road and a 2-0-25-foot landscape buffer adjacent to the west and southern property boundary and a 5- foot wide landscape buffer on the east property boundary in accordance with UDC 11-3B-7 and UDC 11-313-9. 12. Any buildings along the southern property boundary shall not exceed 35 feet in height to maintain compatibility with the adjacent residential properties. D. Staff Analysis With the primary access to the development now relocated to the western boundary and cross access provided to the adjacent eastern property, staff supports the applicant's request to amend the existing development agreement(Inst#2016-049722)to remove vehicle repair minor as a prohibited use and update the concept plan. Furthermore,the current landscape buffers and parking lot landscaping on both properties fall below standard and will be required to be brought into compliance with the certificate of zoning compliance application for parcel#S 1117110510. Staff has incorporated this requirement as a new condition in the development agreement and has been in discussions with the applicant about this prior to the submission of the request. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 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 modification. The addendum shall,at a minimum, incorporate the following provisions: A. The applicant shall comply with the provisions in the existing development agreement (Instrument#2016-049722)with the addition/modification of the following provisions. • Modify Provision#1: Future development of the subject site shall be substantially consistent with the revised concept plan dated March 28t1i,2025, included in Section VI and the provisions contained herein. • Modify Provision#6 to remove vehicle repair,minor as a prohibited use: The uses allowed pursuant to this agreement are those uses allowed in the C-C zoning district listed in UDC Table 11-2B-2, except for the following: drinking establishments,fuel sales facility,vehicle washing facility,wireless communication facility,and vehicle sales and rentals. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -8- • Add a New Provision to state: Bring the existing landscaping buffers and parking lot landscaping into conformity with UDC 11-3B and demonstrate compliance with the submittal of the certificate of zoning compliance application for the vacant lot(Parcel #S1117110510). • Modify Provision#11 to state a 25-foot landscape buffer instead of 20-foot landscape buffer. The buffers were installed at the correct width,but this was an error from the previous DA. ACTION A. Staff: Staff recommends approval of the proposed modification to the Development Agreement with the V. modified provision listed in Section IV. B. City Council: The Meridian City Council heard these items on April 22"d. 2025. At the public hearing.the Council moved to approve the subject Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Eric Anderson 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. Whether a vehicle repair, minor use is appropriate with the current use of the site. Council President Cavener was opposed to this use and felt it did not mix well with the current trampoline park on the premises. 4. City Council change(s)to Staff recommendation: a. No formal changes were required,however, the City Council would like to see signage for drivers to watch out for pedestrians. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -9- EXHIBITS A. Project Area Maps o Project Overview) Aerial1. V1. Legend PINE Project Locat .a of Impact �L FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER 1� FOR �lR•J 1 .,l rrr .. I. now ,la 111111 • • - PINE In .■ . ul nlll� oil soon 'lll r� °ate■■► � ��� FRANKL-INN S 1111111 In,■ ■■■■■N III Ilil: ~ri• n r-_ �In ew •,elf - .�,� :? � ■q li�nuh 'lull�� an�� 84 ZI - - � �/1�lam`%��j��h�r��►��i� r nlrural4�fa■u�� 1111111 f llll — . illy m■t%t■lnn%■1 ll�11 pli (9 J ■11■■■■■_ ■■■■■ �' 1 FRANKLIN 1111f ;� _ ■ 111 111 C-1.11111,,,■ ■■. 11000 1 111 i rr r ,r'i�r � _ O o - o • - �•. j 84 A �� 4. Planned Development Map Legend U Project Location Area of Impact Zi T=' City Limits Planned Parcels ; O Analysis ; ■ I1 I w 1 1 7 w �I ■ --------------------- I ----- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 12- B. Subject Site Photos ioTal M- - v_ t.. -.i FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 13- i1 J=.`-. `era .. _ -=;c+i�� - a I FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 14- C. Service Accessibility Report Overall Score: 36 77th Percentile Description Location In City Limits Extension Sewer Trunkshed mains -< 500 ft. from parcel GREEN Floodplain Either not within the 100 yr floodplain o % ai es GREEN Emergency Services Fire Response time ¢ 5 min. GREEN Emergency Services Police Meets response time goals mcst cr the titre GREEN Pathways Within 1/4 mile of current parnw•a;:; GREEN Transit Within 1/4 mile of future transit route YELLOW Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets GREEN plan) matches existing (# of lanes) School Walking Proximity Within 1/2 mile walking GREEN 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) Park Wa I ka bility No park within walking distance by park type RED FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 15- D. Site Plan (date: 3/28/2025) ------- -- - - - - - - .—! � 4 • dwI 4 - — _ y �t-r •-c� � rr�. —� R w-r11 r*'iv ■v a vpor f ; . n4.w i FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 16- E. Original Concept Plan Exhibit A: Proposed Conceptual Development plan WMnw1b w4gMVe 115W n+rF #hbwr AJrg7 Rug p p F .wwvx' - cu�r.FlleY �� � psNA-hW�vn VriR52F0 dos -=gr�.,mY e 4 E �r�rp _ .ea Euga - oosnwGc Ci1EF111tI1L � Mta� EMM" 51lXfIY XW •da.�. `Il prrw} SDl6 Nw M!�r suatdnu .den�-cnE �� usmvrtw ■ t�o. ---COKffTUAL OEVELOPWNT PLAPI Era ik in&eagle EtS! EAU-IIBiT"C" b:s FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 17- F. New Concept Plan I + I _ �p I - . 1 I I I I V U d I � I ' l L� IJ I r . I jr jo FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 18- G. Existing Development Agreement ADDENDUM TO DEVICLOP14'FNT AGREEMENT PAlt'1'IES: I- City of Meridian 2_ Babcock,L_L. .,an Idaho limited liability company, OwncdDevcloper �'TH[S A DI)I.NDLIM TO DEVELOPMENT AGREEMENT is dated this dray of ' 241b,("ADDENDUM`").by and betwocn City of Keridian,a municipal corporati n of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 ojtid 13phonek, L,L.C., an Idaho limited liability oampany ("OWNEWDEVELOPER"),whose address is 13791v_Clover(fple"ad,Rol.Idaho 83713, RECITALS A. CITY and O NERIDEVEL0111-A entered into thatcerlain Developmtt Agreatnent[loot was r=urdcd on JaniwFy 19,20t I in 11w teal property records of Ada County as Instrument.No, I 1 ICK)6191 (.'PENELOPMENT AGRFEMEN71 B. CITY and 0WP ERIDhVF?1.0PR1t now desire to amend the Tlcvelopmcnl Agrrcmcnf,which terms hava been approved by the Meridian City ome!I in accondanoe with Idaho Cfod-c�5eetlon 67-6511, NOW,'riixRE:"JRF., in oonBidCration of tbv,covenants and conditions xt forth hcxin,the parties agree as follows: 1_ OWN1=RIDIM7,011FIR shall be bound by the terms of the orional Dcvclopment Agrocment,except as specifically amended as follows: 5_ CONDITIONS GOVERNING DEVELOPMENT OFSUB.IEC'TPROPERTY 5.l Owner/Devefoper shall derelop the ProperXy in accordance with Ike fallowing simciel eandition.t; 1. Fntrrre det elop�►rrrrt of ll4rs.st�e.skrrlfrr �rr�tf�rr!!F'co»ajrfJ}w!f!�theo�ilr�repf develvpmeutlxlnn included in Exhibit"A". Theepglicantshall incorporate a pedeslrlwo circidalionpfarr Mal provides fntercinmeelivlly wlt in okepropeksed doveloprnenl andpedevirian renFicefians to E.Fra)rklin Road. Theplan shall 6e.vubmined with they fast cery frcate of zooing eompliance application, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 19- 2, Cerfiferdse of Zordag Compliance and Administrative Design Review application are required fro he saboratiffed to the Fluawafing Departmaeftt for a7ppr eml of elffulare baddirrgafuses on the site,prior to issmamce o,f building perNiifs- 3. Direct access to E, Franklin Road k limited to the aeeess skowtr on the eoncepta4f develeprmeol Pfau approved raKfh this application. Grass-access shelf be provided to the property to the west(juireal 9,F1117120630)and Ike proper{ fo the east (parcel MSS 17110201}for future imterrolnnectivily. A recorded copy afthe cross-access agreemenl(c)s4aff bepro+*feai PoRk t#efirif srl Rafe of loping C ompliarrce application. 4_Any existing dattveckc well.systerfa within this project shelf be removed from ilorrrestic service per City Ordinance SecfioA 9-1-4 and 44 R.Cnmfaet Ike CIV of Meridian EM49'0eerfaa9 Depuromeart of(208)898-5500 for inspecdorrs of discofvrecsion of serWces. Wells array he used,for non-domae,sfle pdrrposav vurb ayelandseapeIrrigtdon Y'appmvedbyMakaDepartmentofWater1Resources Contact Robert B. Whitney at(208)334-2196L S. 4toy"hlitrg septic systems withim this project shall be remaovedfmm service per City OrdinanceSection 9-1-4 aard 9-4-8,C=onf+acf cenerut nisirlrf mealfla for abaftrhtnament procedures and inspections(208)375-5211. 6. 7'he use.;a110PtwdputwV0a1 to iftis agreetrteof are these uses ailonreriin the C- C honing disirict fisted im UDC Table 11-2B-2 exeept for the fo11a*4ng: drink big esfrthilshmeftr,fuel soles faavifity, minor vehicle repair, vehicle washing facifity, rpireless courarnaication fac&T and uekicfe .wiles and rentafs. 7, All fature developaxeml of the snbfecf iorrgwHy .shaft comply Wilk Cify of Meridloa ordivaaices 10 effect al thif brie of development. 8. The de velop,erlowmer shall he resspomsible for of/costs associated Pride server and water ser+dce installation. 9. Tina devel6perlownev skull aver Muct an 8-fool vinyl fence alang the west boundary of the properly and a 6 fam fence that►aatekes the e-ick ing fence that matehes lice exisf ng fe nce aegacent to Me southern proper&borurdrafy aandierminate on the western property boundary at rise mart#east cornier ray'lke Yoder property{Par t#R3273f50110). Tkeuronerfdeveleper shaft c.00rdim0e wish the adjacentpropertyowners an the cuusfractkni of the nnperflvef ences. F O. The orvtae-r1developer shall censirucl a.35foot raride street buffer adjacent to Frwnkl6f Road and a 2dt-f`oof faudceape fin er wyaceal fro fife wesf moot wafhertf property borauhiry and a 5-feat rwide landscape buffer as the cast property boundary is accordance Poith VOC 11-3E-7 aurf UDC.'11-38-9, l I.Any buiklimg3�ufong the southern property bouaadarys#all mat exceed 35jeer in heigt+r to axaintcrin COMP04hilify PORA the#rdJ#aCe-at residential properties, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -20- H. Proposed Revisions 1_ Future development of this site shall substantially comply tir7th the revised conceptual development plan dated March 21P_2025,included in Section-VI and the provisions contained herein- 2- Certificate of Zoning Compliance and AdminiArative Design Rev ew applications are required to be submitted to the Planning Department for approval of all future buildings/uses on the site,prior to-issuance of building permits- 3- Direct access to E-Franklin Road is limited to the access shown on the conceptual de3-alopment plan approved%iYth this application-Crass-access shall be provided to the property to the west(p arcel 4S111712063 0)and the property to the east(parcel#51117110201)for future interconnecti--ity_A recorded copy of the crass-access agreement(s)shall be provided"ith the fast Certificate of Zoning Compliance applicatim 4- Any existing domestic well system mithinthis project shall be removed from domestic sen-iee per City Ordinance Section 9-1-4 and 9 4 S,Rithin 6 months after the date of annexation ordinance approval- Contact the Cite of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services-Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B-Whitney at(208)334-2190. 5- Any existing septic systems%Nithin this project shall be removed from service per City Ordinance Section 9- 1-0 and 9-4-8- 6- The uses alloAA.ed pursuant to this agreement are those uses allowed in the GC Zoning district listed in UDC Table 11-2B-2 except for the following-drinking establishments,fuel sales facility,m—nin-R-F v-4-i ele mpg , vehicle crashing facility,wirel=_s c�.Dtmuuniccti an facility,and vehicle sales and rentals- 7- Bring the existing landscaping buffers -3_:d paining lot landscaping into conformity aith UDC 11-3B- 8_ All future development of the subject propery =,hall comply with City of Meridian ordinances in effect at the time of development- 9- The developer/owner shall be responsible for all casts associated aith smTr and water service,installation- 10. The deselopermmer shall construct an 8-foot 6nyl fence along the Rest boundary of the property and a 6- foot fence that matches the existing fence that matches the existing fence adjacent to the southern property boundary-and terE -mate on the ti%Tstern property boundary at the northeast comer of the Yoder Property (Parcel 4 R327315011 D)-The o-amerldeveloper shall coordinate 1,Nith the adjacent property owners on the construction of the respective fences- 11. The developer/owner shall construct a 35-foot-v61de street buffer adjacent to Franklin RDad and a 20 25-foot landscape buffer adjacent to the west and southern property boundary,and a 5-foot-wide landscape buffer on the east property'boundary in accordance with LTDC 11-3B-7 and LTDC 11-3B-9- 12. Any buildings along the southern property boundary shall not exceed 35 feet in height to maintain compatibility TWith the adjacent residential properties- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -21 -