HomeMy WebLinkAbout965 E. Ustick Rd. (H-2024-0063) DA Ada County Recorder Trent Tripple 2025=028002
Boise;Idaho Pgs=26 cfowler 05/07/2025 09:26:54 AM
CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. MMW&T LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
6th day of May ,2025,by and between City of Meridian,a municipal corporation
of the State of Idah , hereafter called CITY, whose address is 33 E.-Broadway Avenue, Meridian,
Idaho 83642, and MMW&T LLC,whose address is P.O. Box 3304,Nampa, ID, 83653,hereinafter
called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS,Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A" which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
1.2 WHEREAS,Idaho Code § 67-6511A 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
13 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS,Owner/Developer have submitted an application for annexation
and zoning of 1.11 acres of land with a request for the L-O (Limited Office)
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
1.7 WHEREAS, on the 25th day of March, 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
DEVELOPMENT AGREEMENT-965 E USTICK RD(H-2024-0063) PAGE I OF 7
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 MMW&T LLC, whose
address is P.O. Box 3304, Nampa, Idaho, 83653, hereinafter 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.
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.
DEVELOPMENT AGREEMENT-965 E USTICK RD(H-2024-0063) PAGE 2 OF 7
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. The existing structure shall connect to City water and sewer service within 60 days
of annexation and disconnect from private service, as set forth in MCC 9-1-4 and
9-4-8.
b. Future development of this site shall be generally consistent with the conceptual
site and landscape plans and building perspectives included in Section VII of the
Staff Report attached to the Findings of Fact and Conclusions of Law attached
hereto as Exhibit`B" and the provisions contained herein.
c. Future development of the property shall comply with the dimensional standards
for the L-O (Limited Office) zoning district listed in UDC Table 11-2B-3.
d. Future use of the site is limited to office uses (i.e., professional services and
healthcare or social services as defined in UDC 11-1 A-1 and as allowed in UDC
Table 11-2B-2) in accordance with the Comprehensive Plan for properties with a
residential Comprehensive Plan designation; no ancillary commercial uses shall
be permitted.
e. A reduced buffer width to residential uses is allowed from 20 feet to 8 feet, 10
inches as approved by City Council in accord with UDC 11-3B-9C.2. The buffer
shall contain landscaping in accord with the standards listed in UDC 11-3B-9C.
f. Business hours of operation shall be limited to the hours between 6:00 a.m. and
10:00 p.m. as set forth in UDC 11-2B-3B for the L-O zoning district.
g. A Certificate of Zoning Compliance application shall be submitted for the change
in use and expansion of the site that complies with all UDC conditions and the
provisions contained herein.
h. A Design Review application shall be submitted for the proposed addition to the
existing structure that demonstrates compliance with the design standards listed in
the Architectural Standards Manual. New construction must share at least three
similar accent materials, field materials, or other architectural feature of a building
within 150 feet of the property (ASM Goal 1.213).
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
DEVELOPMENT AGREEMENT-965 E USTICK RD(H-2024-0063) PAGE 3 OF 7
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 parry 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 parry 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.
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.
DEVELOPMENT AGREEMENT-965 E USTICK RD(H-2024-0063) PAGE 4 OF 7
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:
MMW&T LLC
P.O. Box 3304
Nampa, ID, 83653
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
DEVELOPMENT AGREEMENT-965 E USTICK RD(H-2024-0063) PAGE 5 OF 7
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
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-965 E USTICK RD(H-2024-0063) PAGE 6 OF 7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
MMW&T LLC
By:
State of Idaho
ss:
County o �I��. )
On this L!`yday of 2025, before me, the undersigned, a Notary Public in and for said State,
personally appeared known or identified to me to be the of
MMW&T LLC and the person who signed above and acknowledged to me that they 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.
EAL) f' '.� Notary Public h
�QT�), ' My Commission Expires: `I a
PUevo
CITY OFQ,
%`� ATTEST:
By:
Mayor Robert E. Simison 5-6-2025 Chris Johnson, City Clerk 5-6-2025
State of Idaho
ss
County of Ada
On this 5th_day of May, 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:3/2882028
DEVELOPMENT AGREEMENT-965 E USTICK RD(H-2024-0063) PAGE 7 OF 7
EXHIBIT A
LEGAL DESCRIPTION FOR
ANNEXATION OF
965 E USTICK ROAD
A parcel of land located in the in the Northwest 1/4, of the Northeast 1/4 Section 6,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being further
described as follows:
BASIS OF BEARING:
The North line of said Northwest 114, of the Northeast 114, derived from found
monuments and taken as S8904728"E with the distance between monuments found to
be 1324,50 feet.
BEGINNING at a point on the North line of the Northwest 114, of the Northeast 1/4
Section 6, Township 3 North, Range 1 East, Boise Meridian from which the from which
the East 1116 corner of said section 6 bears South 89047'28" East a distance of 493.86
feet.
Thence leaving said North line, South 00°16'42" West, a distance of 252.69 feet;
Thence North 89042'02" West, a distance of 192.00 feet;
Thence North 00030'53" East to a point on said North line, a distance of 252.39 feet,-
Thence along said North line South 89°47'28" East, a distance of 190.96 feet to the
POINT OF BEGINNING.
Said Parcel containing 48,356 square feet or 1.11 acres, more or less and is subject to
all existing easements and rights-of-ways of record or implied.
END OF DESCRIPTION.
Kenneth H. Cook, P.L.S. 9895
Timberline Surveying AL
847 Park Centre Way, Suite 3 ®�r'lS r
Nampa, Idaho 83651
(208) 465-5687 ° rn
9V -<
CA Z5
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U:\TS-23\ADA\23013 - MUSSELL-USTICK-LOCUST GROVE\survev1LEGALS\23013 - MUSSELL
ANNIXATION.rtf
N1/4 A PORTION OF NORTHWEST 1/4 OF THE NORTHEAST
BRASS CAP USTICK ROAD 1/4 OF SECTION 6, TOWNSHIP 3 NORTH,
PLS 12087 S89°47'28"E-1324.50' RANGE 1 EAST, B.M., ADA COUNTY, IDAHO
CP&F#2017-120062
31 BASIS OF BEARING 31
I v — 639.68' - 190.96 P.O.B f 120.34' 373.52' E1/16 6
lO o ALUMINUM
c o
ao co PLS 12087
I� ,/ 1 "'I LEGEND CP&F#2017-120061
11
12 1/4 COR.MONUMNETAS NOTED
J O 11112 1/16 COR.MONUMNET AS NOTED
LLLL r • P.O.B. POINT OF BEGINNING
CALC. POINT
W p z NI I`O
m m N O FOUND MONUMENT
Z) N N
~ Q w w PARCEL a ADJOINER LINE
Of W 2 � , 48,356 sq.ft. N a — BOUNDARY LINE
W Vj _ F •
14
oa MI 1.11 aC. IC _ _ _ _ _ EASEMENT LINE
o w O ZI ly RIGHT OF WAY LINE
NARRATIVE
— THIS SURVEY WAS MADE AT THE REQUEST OF KENT MUSSELL
— I TO ESTABLISH THE BOUNDARY AS SHOWN, BOUNDARY WAS
DEFINED FROM FOUND MONUMENTS OF FOUND OF RECORD
Icp 1" = 50, I IN THE TIMBERFALLS AND GRANITE CREEK SUBDIVISIONS
WHICH ARE NOT SHOWN ON THIS DISPLAY
GRANITE CREEK
N89042'02 NL LA o• SUBDIVISION
TIMBERFALLS 5`0
SUBDIVISION DISPLAY FOR
NO. 1 icc 895 ANNEXATION OF --�,-16-20 0 965 E USTICK RD DER SURVEYING
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A 0 F%D 647 PARKCWM WAY.SURE 3.HAMWA,IDAHO 83651
11.V �v 208-465-5687
V �i [FILE:23013-MUSSELL-USTICK 4-6-2023.dwg
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
AND DECISION& ORDER A
In the Matter of the Request for Annexation(AZ)of 1.11 Acres of Land with an L-O Zoning
District with a Request for City Council Approval of a Reduced Buffer to Residential Uses from 20-
feet to 8-feet 10-inches,by Kent Mussell,Mussell Construction,Inc.
Case No(s). H-2024-0063
For the City Council Hearing Date of: March 11,2025 (Findings on March 25,2025)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 11,2025, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 11,2025, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 11,2025,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 11,2025,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 965 E USTICK ROAD AZ H-2024-0063 - I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 11, 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 annexation is hereby approved with the requirement of a
development agreement per the provisions in the Staff Report for the hearing date of March 11,
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 67-651IA. 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 § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code.This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(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 March 11, 2025
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR 965 E USTICK ROAD AZ H-2024-0063 -2-
By action of the City Council at its regular meeting held on the 25th day of March, 2025.
COUNCIL PRESIDENT LUKE CAVENER VOTED_A►YE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED
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)
Mayor Robert E. tson
3-25-2028
Attest: xrrtn ai:rr:
YL
„�IL7IAN�
ioaxo
SF-AL
Chris Johnson 25-2028
City Clerk
Copy served upon Applicant,Community Development Department, Public Works Department and City
Attorney.
Dated
:d'By 3-25-2028
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR 965 E USTICK ROAD AZ H-2024-0063 -3-
E IDIAN---
STAFF REPORT a H o
COMMUNITY DEVELOPMENT DEPARTMENT
r
HEARING March 11, 2025 Legend
DATE: f
I�Prcaject Lac❑fian
TO: Mayor&City Council
FROM: Sonya Allen, Associate Planner _
208-884-5533
SUBJECT: 965 E. Ustick Rd. —AZ E'U 'RD
H-2024-0063
LOCATION: 965 E. Ustick Rd. in the NE 1/4 of
5 Sr �I
Section 6,T.3N., R.1 E. x '
I. PROJECT DESCRIPTION
Annexation(AZ)of 1.11 acres of land with an L-O zoning district with a request for City Council
approval of a reduced buffer to residential uses from 20-feet to 8-feet 10-inches.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 0.90-acre
Future Land Use Designation Medium Density Residential(MDR)
Existing Land Use Single-family residential(SFR)with an existing home
Proposed Land Use(s) Uses as allowed in the L-O district—no specific use is proposed at this time
Current Zoning R1 in Ada County
Proposed Zoning Limited Office(L-O)
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date 10/18/24
History(previous approvals) ROS#1070;H-2023-0061 [AZ,CUP-Pathways(private education institution)—
withdrawn]
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C. Representative:
Same as Applicant
IV. COMPREHENSIVE PLAN ANALYSIS
Land Use: This property is designated as Medium Density Residential(MDR)on the Future Land
Use Map(FLUM)contained in the(Comprehensive Plan). This designation allows for dwelling units
at gross densities of 3 to 8 dwelling units per acre.
Although dwelling units are typically desired in the MDR designation,the Comprehensive Plan does
state that at the discretion of City Council, areas with a Residential Comprehensive Plan designation
may request an office use if the property only has frontage on an arterial street or section line road
and is 2-acres or less in size. In this instance, no ancillary commercial uses are permitted.
The subject property meets the aforementioned criteria. The Applicant proposes an addition to the
existing residential structure for the purpose of leasing out spaces to uses that are allowed in the L-O
zoning district. This caveat in the Comprehensive Plan applies solely to office uses, classified in UDC
11-1A-1 as professional services and healthcare or social services,and does not include other non-
office uses allowed in the L-O district.See analysis below in Section V for more information.
Transportation: East Ustick Road,a 5-lane roadway which runs along the front/north side of this
property, is depicted as a residential arterial street on the Master Street Map(MSM). There are no
stub streets from adjacent properties/developments to this property.
Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in italics):
• "Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval, and in accord with any adopted levels of
service for public facilities and services."(3.03.03F)
City water and sewer service is available and can be provided to this property in accord with
UDC 11-3A-21.
• "Require urban infrastructure be provided for all new developments, including curb and
gutter, sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure is available to this property. Curb, gutter and an
attached sidewalk was constructed along E. Ustick Rd. with the road widening project.
• "Ensure development provides safe routes and access to schools,parks, and other community
gathering places."(2.02.01G)
A sidewalk exists along E. Ustick Rd. on this site, which assists in providing a safe route to
schools,parks and other community gathering places.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped
parcels within the City over parcels on the fringe." (2.02.02)
Annexation and redevelopment of the subject infill parcel will maximize public services.
V. STAFF ANALYSIS
Annexation& Zoning(AZ):
The Applicant proposes to annex 1.11 acres of land with an L-O zoning district,which includes land
to the section line of E. Ustick Rd. City Council approval is needed to approve the proposed L-O
zoning in the MDR FLUM designation as mentioned above in Section IV.
Page 3
There is an existing 2,259 square foot(s.f.) single-family dwelling on this site, which the Applicant
proposes an addition totaling 8,000 s.f. for tenant spaces for uses allowed in the L-O zoning district,
per UDC Table 11-2B-2. A conceptual site/landscape plan is included below in Section VII showing
how the site is proposed to re-develop with the larger building and associated parking, drive aisles,
walkways and landscaping. If the property is annexed,the existing structure will be required to
connect to City water and sewer service within 60 days of annexation and disconnect from
private service,as set forth in MCC 9-1-4 and 9-4-8.
Because the Comprehensive Plan only allows office use of properties with a residential FLUM
designation, Staff recommends uses in the proposed L-O district are restricted to "professional
services"and"healthcare or social services"only,which are defined in UDC 11-1A-1, as
follows:
Professional service uses include,but are not limited to:Architects, landscape architects and
other design services,graphic designers; consultants;lawyers;media advisors;photography
studios;and general offices. The term does not include healthcare and social service.
Healthcare and social services(NAICS Code 62). The use of a site for ambulatory healthcare
services. Included in this use are offices of dentists;physicians; chiropractors;optometrists;
mental health practitioners;physical,occupational and speech therapists;audiologists;
outpatient care centers,family planning centers, medical and diagnostic laboratories,imaging
centers, kidney dialysis centers;blood and organ banks. Social service uses include, but are not
limited to, individual and family services; community food and housing, emergency and other
relief services, vocational rehabilitation services,services for the elderly and persons with
disabilities; vocational rehabilitation services;and emergency and other relief services.
Professional services and healthcare or social services are listed as a principal permitted use in the L-
O zoning district in UDC Table 11-2B-2. Other uses typically allowed in the L-O district are not
allowed.
The reason for the restriction in the Comprehensive Plan is that other uses allowed in the L-O district
may be more intense and not compatible with adjacent land uses,which are typically residential, and
access and interconnectivity between uses may be limited and not adequate for other such uses.
The site is within the Area of City Impact(AOCI)boundary and is contiguous to City annexed land to
the south,east and west. A legal description was submitted for the boundary of the annexation area,
included in Section VII.A below.
The City may require a development agreement(DA) in conjunction with an annexation pursuant to
Idaho Code section 67-6511 A. To ensure this property develops as proposed and required, Staff
recommends a DA with the provisions discussed herein and included in Section IX.A.
Access: There are two (2)existing driveway curb cuts to this site via E. Ustick Rd., an arterial street;
no other accesses are available to the site from adjacent properties. Only one(1) access driveway is
proposed with redevelopment of the site as shown on the site plan,the other driveway will be
removed.
Where access to a local street is not available,the UDC (11-3A-3A.2)requires the property owner to
grant cross-access/ingress-egress to adjoining properties via a recorded easement.This standard is
intended to apply primarily to non-residential properties but may extend to residential properties
where the use is anticipated to change to a non-residential use. This property and the adjacent
property to the east at 1001 E. Ustick Rd. (S 1106120867)only have access via an arterial street(i.e.
Ustick Rd.). The property to the east is designated on the FLUM as Medium Density Residential. The
subject property owner also owns the property to the east and doesn't anticipate future use of that
property changing from residential to a non-residential use. If a driveway stub and a cross-access
Page 4
easement were required to the property to the east,the building pad would need to be reduced in size
and parking removed on the south side of the building in order for the driveway to align with the
adjacent property to the east. For these reasons, Staff does not recommend a driveway stub is required
to the east for future cross-access—the Commission and/or City Council may determine otherwise.
Parking: A minimum of 16 spaces are required to be provided for an 8,000 s.f. office building; a total
of 37 spaces are proposed,which exceed UDC standards by more than double.
Sidewalks/Pathways: A 7-foot wide(mostly)attached sidewalk exists along E. Ustick Rd. Detached
sidewalks are required along arterial streets per UDC 11-3A-17; however,because the existing
sidewalk is in good condition, Staff doesn't recommend it's reconstructed as a detached sidewalk.
A sidewalk is proposed on the south and west sides of the building adjacent to the drive aisle and
parking that ranges from 5 to 9 feet in width. The sidewalk that abuts parking on the south side of the
building is 7-feet wide,which accommodates vehicle overhang in accord with 11-3C-5B.4.
A 5-foot wide sidewalk is proposed from the perimeter sidewalk along Ustick Rd. to the main
building entrance in accord with UDC 11-3A-19.B.4.
Landscaping: A minimum 25-foot wide street buffer is required along E. Ustick Rd., an arterial
street, landscaped per the standards listed in UDC.11-3B-7C. The tree class should be included in the
plant material legend and should demonstrate compliance with the required standards (25% of the
required trees should be Class II; and 35%of qualifying trees must provide urban canopy at maturity.
The landscape plan depicts a 30-foot wide buffer and the plantings appear to comply with the UDC
standards.
Parking lot landscaping is required in accord with the standards listed in UDC I1-3B-8C. Class II or
III trees are required in perimeter buffers; tree class should be added to the plant legend to
demonstrate compliance.Planter islands are required at the ends of rows of parking to reduce the
visual impact of long rows of parked cars and to guide traffic.
The UDC(Table 11-2B-3)requires a minimum 20-foot wide buffer to residential uses in the L-O
zoning district, landscaped per the standards listed in UDC 11-3B-9C. Residential uses abut the site
on three sides—to the west,south and east. The Applicant requests City Council approval of a
modified buffer width along the west property boundary of 8-foot 10-inches at its narrowest
point to 11+/-feet with an allowance for up to 2-feet of vehicle overhang within the buffer from
adjacent parking spaces. Such requests are allowed to be considered by City Council at a public
hearing with notice to surrounding property owners. The building will not encroach into any of
the required buffer areas. The buffer is required to include a mix of evergreen and deciduous trees,
shrubs, lawn or other vegetative groundcover. Typically, the buffer area should result in a barrier that
allows trees to touch within 5 years of planting; however,because a 6-foot tall privacy fence is
proposed, the planting requirement may be reduced to a minimum of one(1)tree per 35 linear feet,
plus shrubs, lawn,or other vegetative groundcover.Note:If Council does not approve the reduced
buffer width requested along the west boundary of the site, a 20 foot wide buffer shall be provided as
set forth in UDC Table 11-2B-3. This would reduce parking to 22 spaces as there wouldn't be
adequate room to accommodate parking along the west boundary, which still complies with the
parking standards in UDC 11-3C-6B.1 but may not be adequate for the site.
Mitigation is required for existing healthy trees 4"caliper and greater that are removed from the site
as set forth in UDC 11-3B-IOC.S. There are 18 existing healthy trees on the site totaling 384 caliper
inches, 11 of which,totaling 186 caliper inches,are proposed to be removed—these require
mitigation. The other seven(7),totaling 198 caliper inches,are proposed to be preserved and
protected on the site. Alternative compliance to this standard may be requested with the Certificate of
Zoning Compliance application if it's not feasible to mitigate for all of the trees being removed.
Page 5
Fencing: Fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing exists
around the perimeter of the site; however, the applicant proposes to construct new 6-foot tall metal
framed vinyl privacy fence around the perimeter of the site as shown on the site plan.
Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with
UDC 11-3A-21. Street lights will be required to be installed with redevelopment of the property
in accord with the City's adopted standards, specifications and ordinances.
Trash: Trash carts are proposed within privacy fencing for screening at the southeast corner of the
building,which will be taken to the street for service.
Waterways: There are no existing waterways that cross this site.
Pressurized Irrigation System(UDC 11-3A-I5): Underground pressurized irrigation water is
required to be provided to the development as set forth in UDC 11-3A-15.
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.
Hours of Operation: The UDC 11-2B-3B,restricts business hours of operation in the L-O zoning
district from 6:00 am to 10:00 pm.
Building Elevations: Conceptual building elevation perspectives were submitted for the proposed
enlarged structure as shown in Section VIII.C. Final design of the structure is required to comply
with the design standards listed in the Architectural Standards Manual(ASM). The
architectural character of the building should relate to adjacent residential uses. New
construction must share at least three similar accent materials,field materials,or other
architectural feature of a building within 150-feet of the property in accord with ASM Goal
1.211.
Certificate of Zoning Compliance/Design Review: A Certificate of Zoning Compliance(CZC) and
Design Review application is required to be submitted to the Planning Division and approved prior to
submittal of building permit application(s).
VI. DECISION
A. Staff.
Staff recommends approval of the proposed annexation&zoning application with the provisions
included in Section V1I1 per the Findings in Section IX.
B. The Meridian Planning & Zoning Commission heard these items on February 6, 2025. At the
public hearing,the Commission moved to recommend approval of the subject AZ request.
1. Summary of Commission public hearing:
a. In favor: Kent Mussell,Applicant
b. In opposition: None
c. Commenting: Todd Powell
d. Written testimony: Kent Mussell,Applicant—in agreement with the Staff
recommendation.
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
A. Questions pertaining to the width of the buffer proposed along the southern boundary of
the site and activity on the property to the east under the same ownership. Staff
confirmed the reduced buffer width is only requested along the west boundan;of the site
—the buffer width along the south boundan)exceeds the minimum required buffer
Page 6
width. The Applicant stated they're planning to flip the residential house on the
adiacent property to the east and that they have no intention of it being part of this
development.
3. Key issue(s)of discussion by Commission:
a. The request for the reduced buffer width along the west boundary of the site—opinion
that with the access proposed via Ustick Rd. and the parking, the reduced buffer width
is needed.
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandinjz issue(s)for City Council:
A. The Applicant requests Council approval of a reduced buffer to residential uses along
the west boundary of the site from 20' to 10'8".
C. The Meridian City Council heard these items on March 11. 2025. At the public hearing, the
Council moved to approve the subject AZ request.
1. Summary of the City Council public hearing:
a,. In favor: Kent Mussell.Applicant
b. In opposition: None
c. Commenting: Lindy Bower
d. Written testimony: None
e. Staff presentine application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a� Ms. Bower expressed concern about the buffer to her property along the southern
boundary of the site,which meets and exceeds the minimum buffer width.
3. Key issue(s)of discussion by City Council:
a• Discussion pertaining to the re9uest for a reduced buffer width to residential uses along
west boundary and possibility of reducing narking along that boundary in order to
provide the full buffer width.
4. City Council change(s)to Commission recommendation:
a. None
Page 7
VII. EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
LEGAL DESCRIPTION FOR
ANNEXATION OF
965 E USTICK ROAD
A parcel of land located in the in the Northwest 114, of the Northeast 114 Section 6,
Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho and being further
described as follows
BASIS OF BEARING:
The North line of said Northwest 114, of the Northeast 114, derived from foun4
monuments&nor taken as S8V47'28"E with the distance between monuments found to
be 1324.50 feet.
BEGINNING at a point on the North line of the Northwest 114,of the Northeast 114
Section 6,Township 3 North, Range 1 East,Boise Meridian from which the from which
the East 1116 corner of said section 6 bears South 85°47'28'East a distance of 493.86
feet.
Thence leaving said North line, South 00016'42"West, a distance of 252.59 feet;
Thence North 89°42'02"West, a distance of 192-00 feet;
Thence North 00'30'53'' East to a point on said North line,a distance of 252 39 feet;
Thence along said North line South 89°47'28"East, a distance of 190-96 feet to the
POINT OF BEGINNING.
Said Parcel containing 48,356 square feet or 1.11 acres,more or less and is subject to
all existing easements and rights-of-ways of record or implied.
END OF DESCRIPTION.
Kenneth H.Cook, P.L.S. MM
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PL312087 RANGE 1 EAST, B.M., ADA COUNTY, IDAHO
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Annexation&Zoning
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 date of City Council approval of the Findings
of Fact,Conclusions of Law and Decision& Order for the Annexation request. The DA shall,
at minimum, incorporate the following provisions:
a. The existing structure shall connect to City water and sewer service within 60 days of
annexation and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8.
b. Future development of this site shall be generally consistent with the conceptual site and
landscape plans and building perspectives included in Section VII and the provisions
contained herein.
c. Future development of the property shall comply with the dimensional standards for the
L-O(Limited Office) zoning district listed in UDC Table 11-2B-3.
d. Future use of the site is limited to office uses(i.e.professional services and healthcare or
social services as defined in UDC 11-1A-1 and as allowed in UDC Table 11-2B-2)in
accordance with the Comprehensive Plan for properties with a residential Comprehensive
Plan designation; no ancillary commercial uses shall be permitted.
e. A reduced buffer width to residential uses is allowed from 20-feet to 8-feet 10-inches if
as approved by City Council as-set€ems in accord with UDC 11-3B-9C.2. The buffer
shall contain landscaping in accord with the standards listed in UDC 11-313-9C.
f. Business hours of operation shall be limited to the hours between 6:00 am and 10:00 pm
as set forth in UDC 11-2B-3B for the L-O zoning district.
g. A Certificate of Zoning Compliance application shall be submitted for the change in use
and expansion of the site that complies with all UDC conditions and the provisions
contained herein.
h. A Design Review application shall be submitted for the proposed addition to the existing
structure that demonstrates compliance with the design standards listed in the
Architectural Standards Manual.New construction must share at least three similar
accent materials, field materials, or other architectural feature of a building within 150-
feet of the property(ASM Goal 1.213).
IX. FINDINGS
A. Annexation (UDC 11-513-3E)
Required Findings: Upon recommendation from the commission, the council shall make a full
investigation and shall,at the public hearing, review the application. In order to grant an
annexation and/or rezone, the council shall make the following findings:
Page 13
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the proposed map amendment to the L-O zoning district for office uses
only is consistent with the Comprehensive Plan as noted in Section V.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the map amendment and associated development is consistent with the
regulations outlined for the district and the purpose statement of the commercial districts in
that it provides for the service needs of the community.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds the proposed map amendment should not be detrimental to the public
health, safety and welfare as office use(s)should be compatible with adjacent existing
residential uses in the vicinity.
4. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the city including, but not limited
to, school districts; and
The City Council finds City water and sewer service is available to be extended to this
development. The proposed map amendment shouldn't result in adverse impact upon the
delivery of services by any political subdivision providing public services within the City as
noted.
5. The annexation(as applicable)is in the best interest of city.
The City Council f nds the proposed annexation is in the best interest of the city.
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