HomeMy WebLinkAboutFarmstone Crossing Subdivision H-2023-0045 DA Ada County Recorder Trent Tripple 2025-031261
Boise;Idaho Pgs=49 cfowler 05/21/2025 0824:39 AM
CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
DEVELOPMENT AGREEMENT
PARTIES:. 1. City of Meridian
2. Endurance Holdings,LLC, Owner
3. Challenger Development, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
20th day of May, 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 Endurance Holdings,:LLC, whose address is 1977 E. Overland Rd., Meridian, ID 83642,
hereinafter called OWNER; and Challenger Development,_ whose address is 1977 E.
Overland Rd.,Meridian,ID 83642,hereinafter called DEVELOPER.
L 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§ 67-651 IA 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 11-5B-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 33.89 acres of land with a request for the M-E (Mixed
Employment) 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-FARMSTONE CROSSING SUBDIVISION(H-2023-0045) PAGE I OF 9
1.7 WHEREAS, on the 28th day of May, 2024, 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 that 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.
1.11 WHEREAS,pursuant to the Double-Silo Provision, on January 21,2025, City
and Owner/Developer entered into that certain Agreement for Disassembly,
Transport, and Ownership of Historic Double-Silo Barn Components
concerning the double-silo barn; and
1.12 WHEREAS, City subsequently received an inquiry of interest from Victory
Greens expressing a desire to obtain ownership, reassemble, and maintain the
double-silo barn on Victory Greens' property; and
1.13 WHEREAS, City and Owner/Developer were collectively amenable to
Victory Greens' proposal and, on May 20,2025, executed that certain
Mutual Termination Agreement to the Agreement for Disassembly,
Transport, and Ownership of Historic Double-Silo Barn Components; and
1.14 WHEREAS, based on the foregoing, City and Owner/Developer deem it
unnecessary to include the Double-Silo Provision in this Agreement.
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:
DEVELOPMENT AGREEMENT-FARMSTONE CROSSING SUBDIVISION(H-2023-0045) PAGE 2 OF 9
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: means and refers to Endurance Holdings,LLC,whose address is
1977 E. Overland Rd., Meridian, ID 83642, hereinafter called OWNER, the
party that owns said Property and shall include any subsequent owner(s)of the
Property.
3.3 DEVELOPER: means and refers to Challenger Development, whose
address is 1977 E. Overland Rd., Meridian, ID 83642, hereinafter called
DEVELOPER, the party that is developing said Property and shall include any
subsequent developer(s) of the Property.
3.4 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.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Development of the subject property shall be generally consistent with the site
plan, landscape plan, preliminary plat, phasing plan, and conceptual building
elevations included in "City/Agency Comments &Conditions" section 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. All future development, site design and building design shall comply with the
Design Elements matrix on pp. 3-49 in the Ten Mile Interchange Specific Area
Plan (TMISAP) and the standards in the Architectural Standards Manual, as
applicable.
c. The collector street (Vanguard Way) shall be constructed prior to development
commencing on the property. The applicant may deed the right-of-way to ACHD
prior to the submittal of the first phase of a final plat.
d. Sidewalks, walkways and pathways shall include dedicated crosswalks at the
intersection with all streets of S. Black Cat Road with changes in color, markings,
DEVELOPMENT AGREEMENT-FARMSTONE CROSSING SUBDIVISION(H-2023-0045) PAGE 3 OF 9
materials, texture and/or surface to distinguish them from the surrounding
pavement as set forth in the TMISAP (see pp. 3-28, Crosswalks).
e. Public art in a high quality of design shall be provided in shared spaces and
incorporated into the design of streetscapes as set forth in the TMISAP (see pp. 3-
47). The proposed monument of the historic silo will satisfy this requirement.
f. The subject property shall be subdivided prior to submittal of any Certificate of
Zoning Compliance application(s) and/or building permit application.
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.
DEVELOPMENT AGREEMENT-FARMSTONE CROSSING SUBDIVISION(H-2023-0045) PAGE 4 OF 9
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.
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
DEVELOPMENT AGREEMENT-FARMSTONE CROSSING SUBDIVISION (H-2023-0045) PAGE 5 OF 9
OWNER: DEVELOPER:
Endurance Holdings, LLC Challenger Development
1977 E. Overland Rd. 1977 E. Overland Rd.
Meridian, ID 83642 Meridian, ID 83642
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
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.
DEVELOPMENT AGREEMENT-FARMSTONE CROSSING SUBDIVISION(H-2023-0045) PAGE 6 OF 9
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 on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk.
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-FARMSTONE CROSSING SUBDIVISION(H-2023-0045) PAGE 7 OF 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Endurance Ho ' s,LL
By:
STATE OF IDAHO )
ss:
County of Ada )
.trr
On this day of f M%,l ,2025,before me,the undersigned,a Notary Public in and for said State,
personally appeared Cor known or identified to me to be the ----Lj&_eM I,e_- of
Endurance Holdings,LLC an Ithe person who signed above and acknowledged to me that he 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.
ADAIR KOLTES
Notary Public- State of Idaho Notary Public `���pp
Commission Number30052 My Commission Expires:
My Commission Expires 06-05-2028
DEVELOPER:
Challenger Develop ent
By:
STATE OF IDAHO )
ss:
County of Ada )
On this da of 2025,before me,the undersigned,a Notary Public in and for said State,
personally appeared known or identified to me to be the Pmdde^t of
Challenger Development and the person who signed above and acknowledged to me that he 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.
ADAIR KOLTES
E
y Public- State of Idaho
mission Number 30052 My C � s:mission Expires 06-05-2028
DEVELOPMENT AGREEMENT—FARMSTONE CROSSING SUBDIVISION(H-2023-0045) PAGE 8 OF 9
CITY OF MERIDIAN
By:
Luke Cavener, Council President 5-20-2025 Chris Johnson, City Clerk - -
2025
STATE OF IDAHO )
ss
County of Ada
On this 20th day of May, 2025,before me, a Notary Public, personally appeared Luke Cavener and Chris
Johnson,known or identified to me to be the Council President 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—FARMSTONE CROSSING SUBDIVISION(H-2023-0045) PAGE 9 OF 9
EXHIBIT A
Description for
Annexation
Farmstone Crossing Subdivision
August 29, 2023
A portion of the Northwest 1/4 of the Southwest 1/4 of Section 15, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho more particularly described
as follows:
BEGINNING at the 1/4 corner common to said Sections 15 and 16, T.3N.,
R.1 W., B.M., from which the Section corner common to Sections 15, 16, 21 and 22
T.3N., R.1W., B.M., bears South 00043'07" West, 2,656.14 feet;
thence South 89014'43" East, 1,322.85 feet to the Center-West 1/16 corner of
said Section 15;
thence on the east line of the Northwest 1/4 of the Southwest 1/4 of said
Section 15, South 00039'26" West, 1,216.87 feet to the centerline of U.S. Interstate 84;
thence on said centerline, North 80°32'51" West, 1,339.69 feet to the west
section line of said Section 15;
thence on said west section line, North 00043'07" East, 1,014.28 feet to the
POINT OF BEGINNING.
Containing 33.893 acres, more or less.
End of Description.
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P:\Formstone Crossinq(820 Black Cot) 22-074\dwq\Annex Ex.dwq 8/29/2023 10:37:37 AM
Exhibit Drawing for JobXX-No.
IDAHO Annexation
XX
9955 W.EMERALDST. Sheet NO.
SURVEY BOISE,IDAHO 93704
(208)846-8570 Farmstone Crossing Subdivision 1
GROUP, LLC A portion of the NW1/4 of the SW1/4 of Section 15, Dwg. Date
T.3N., R.1 W., B.M., Ada County, Idaho. 8/29/2023
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C��(IEFI
DIAN:-~'
AND DECISION&ORDER p
In the Matter of the Request for Annexation of 33.89 acres of land from RUT to M-E (Mixed
Employment)zoning district and Preliminary Plat consisting of 6 building lots and 1 common lot on
27.47 acres of land in the M-E zoning district,by Bailey Engineering.
Case No(s).H-2023-0045
For the City Council Hearing Date of: May 7, 2024 (Findings on May 28,2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 7,2024, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 7,2024,incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of May 7,2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 7,2024,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(FARMSTONE CROSSING SUBDIVISION AZ,PP-FILE#H-2023-0045)
- 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 7,2024, 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 and preliminary plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of May 7,2024, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-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 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FARMSTONE CROSSING SUBDIVISION AZ,PP-FILE#H-2023-0045)
-2-
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of May 7, 2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FARMSTONE CROSSING SUBDIVISION AZ,PP-FILE#H-2023-0045)
-3-
By action of the City Council at its regular meeting held on the 28th day of_May
2024.
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
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor o ert E. imis 5-28-2024
Attest:
� SEAL
Chris Johns 5-28-2024
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: atw-M-W" Dated: 5-28-2024
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FARMSTONE CROSSING SUBDIVISION AZ,PP-FILE#H-2023-0045)
-4-
STAFF REPORT E IDIAN---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING Maf 76, 2024 Continued to
y
DATE: May 7,2024 Legend
nProject Location
TO: Mayor&City Council
FROM: Stacy Hersh,Associate Planner i
208-884-5533
SUBJECT: Farmstone Crossing Subdivision AZ -`-'-- - - -
PP
H-2023-0045 • P
LOCATION: 820 S. Black Cat Road in the Northwest - -
'/4 of the Southwest'/4 of Section 15,
T.3N. R.1 W.
L PROJECT DESCRIPTION
The Applicant has submitted an application for the following:
• Annexation of 33.89 acres of land from RUT to the M-E(Mixed Employment)zoning
district.
• Preliminary Plat consisting of 6 building lots and 1 common lot on 27.47-acres of land in the
M-E zoning district for Farmstone Crossing Subdivision.
NOTE: This project has undergone multiple continuances to allow more time for the plans to
be modified. The staff report and conditions of approval have been updated accordingly to
reflect the most recent changes.
IL SUMMARY OF REPORT
a. Project Summary
Description Details Page
Acreage 33.89 acres overall
Existing/Proposed Zoning RUT in Ada County;M-E(Mixed Employment)
Future Land Use Designation Mixed Employment(ME)
Existing Land Use(s) Vacant/agricultural land
Proposed Land Use(s) light industrial,commercial/office,research and
development,and other uses.
Lots(#and type;bldg./common) 5 buildable lots and 1 common lot
Phasing Plan(#of phases) 2 phases(plat)
Number of Residential Units(type NA
of units)
Physical Features(waterways, None
hazards,flood plain,hillside)
Description Details Page
Neighborhood meeting date; #of 7/06/2023
attendees:
History(previous approvals) None
b. Community Metrics
Description Details P .
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action No. A Traffic Impact Study(TIS)was submitted.
(yes/no)
Access Access is proposed from the new collector road(Vanguard Way)
(Arterial/Collectors/State that connects to Black Cat Road(arterial road).Vanguard Way
Hwy/Local)(Existing and will be constructed prior to development commencing on the
Proposed) property.
Traffic Level of Service Condition of Area Roadways
Traffic Count is based on Vehicles per hour(vph)
Roadway Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
Franklin Road None Principal Arterial 565 Better than"E"
Black Cat Road 396-feet Minor Arterial 544 Better than'E"
Acceptable level of service for a five-lane principal arterial is"E"(1,780 vph).
Acceptable level of service for a two-lane minor arterial is"E"(575 vph).
Stub Cross access with BVA's development to the east
Street/Interconnectivity/Cro s s
Access
Existing Road Network Black Cat Road&Franklin Road
Existing Arterial Sidewalks/ None
Buffers
Proposed Road Improvements Capital Improvements Plan(CIP)I Integrated Five Year Work Plan(IFYWP):
• Franklin Road is scheduled in the IFYWP to be widened to 54anes from McDermott Road to
Black Cat Road with the design year in 2026 and the construction date has not been
determined.
• The intersection of Franklin Road and McDermott Road is scheduled in the IFYWP to be
reconstructed as a single-lane expandable roundabout. There is no design year or
construction year,and this project requires coordination with the Nampa Highway District.
• Black Cal Road is listed in the CIP to be widened to 54anes from Franklin Road to Overland
Road between 2036 and 2040. Funding for ITD's portion is not included with this project.
Fire Service
• Distance to Fire 2 miles
Station
• Fire Response Time This project currently falls on an area where we don't have a total
response times that meet NFPA 1710 standards or current City of
Meridian adopted standards. The first due station is Fire Station
2. This fire station is approximately 3.5 miles from the project.
• Resource Reliability 82%-does meet the target goal of 80%or greater
• Risk Identification 3—current resources would not be adequate to supply service to
this project. Risk factors include fire fighting in large
commercial warehouses. This entails a great risk for the
occupants as well ad firs responders.
• Accessibility Project meets all required access,road widths and turnaround.
• Special/resource In the event of a hazmat event,there will need to be mutual aid
needs required for the development. In the event of a structure fire an
additional truck company will be required,This will require
additional time delays as a second truck company may not be
available in the City.
Description Details P .
• Water Supply Water supply for this proposed development required 4750
gallons per minute for two hours.
• Other Resources
Wastewater
• Distance to Sewer
Services
• Sewer Shed
• Estimated Project
Sewer ERU's
• WRRF Declining
Balance
• Project Consistent
with WW Master
Plan/Facility Plan
• Impacts/concerns • Flow is committed
• See Public Works Site Specific Conditions in Section VII.B
Water
• Distance to Water Water available on-site
Services
• Pressure Zone 2
• Estimated Project See application
Water ERU's
• Water Quality None
Concerns
• Project Consistent Yes
with Water Master
Plan
• Impacts/Concerns • 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.
• Each phase of the development will need to be modeled to
verify minimum fire flow pressure is maintained.
• 12"water main in Vanguard needs to be on the north side of
the road,currently shown in the center of the road.
• See Public Works Site Specific Conditions in Section VIILB
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C. Representative: Shawn Brownlee,Trilogy Development —9839 W. Cable Car Street, Suite 101,
Boise,ID 83709
III.NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Notification published in
10/17/2023 3/10/2024
newspaper
Notification mailed to property
owners within 500 feet 10/14/2023 3/1/2024
Applicant posted public hearing
10/20/2023 3/12/2024
notice on site
Nextdoor posting 10/16/2023 3/l/2024
IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan and Ten Mile Interchange peci zc
Area Plan)
Land Use: The Future Land Use Map (FLUM)contained in the Comprehensive Plan designates the
20.5+/-acres as Mixed Employment(ME).
ME: The purpose of ME designated areas is to encourage a diversity of compatible land uses that
may include a mixture of office,research and specialized employment areas,light industrial including
manufacturing and assembly,and other miscellaneous uses. These areas generally do not include
retail and consumer service uses serving the wider community.However,a small amount of retail and
service establishments,primarily serving employees and users of the ME areas or nearby industrial
areas,are allowed.ME areas should provide a variety of flexible sites for small,local or start-up
businesses,as well as sites for large national or regional enterprises. ME areas should be designed to
encourage multimodal travel and convenient circulation to supporting uses located within the area.
This ME-designated area is intended to develop with a mix of uses,across six(6) structures totaling
378,360 s.f,which may include office,light industrial,along with research and development and/or
distribution and light manufacturing. Buildings will range in size from 21,280 up to 185,760 square
feet. The project is adjacent to Mixed Employment designated land on the east,light industrial to the
west,I-84 to the south,and RUT to the north proposed to be annexed as medium-high density
residential. This site will have access to a collector street as desired. The proposed M-E zoning
encompasses the entire 27.466 acres that is currently designated ME on the FLUM -See Pg. 3-11 in
the TMISAP for more information on the ME designation (see cut sheet below).
MIXED EMPLOYMENT (ME) Page I ME.1
TEN MILE SPECIFIC PLAN LAND USE MAP DESIGNATIONS
Map Color ❑ Zoning C-C I C-G ITWC I M-E
sample use(s) :1 Office,research&development information&light industriat daycare.and ancillary convenience retail
General :1 Recommended FAR:0.75ormore
standards 3 Height d stories maximum
7 Design Review required,see Architectural Standards Manual
7 Comply with Pathways Master Plan
Wesisn 7 Relate proposed development inclAing land uses and acbvftres,to adjacent and surrounding uses and public
Characteristics spaces as appropriate to maintain compatibility and establish the continuity of the planned urban form and
character
ZI Coordinate routes,placement of facibties,and infrastructure improvements with the appropriate transportation
authorities and any adopted or accepted long-range plans.
Locate buildings to establish an appropriate development character that enhances the compatibility and
attractiveness of the site,buildings.and surrounding uses.
7 Desgn surface parking as an integrated aril attractive element of the built environment that promotes
pedestrian comfort and safety and adds to the aesthetic character of developments,in addition to
accommodating vehicular uses.
7 Use a parking strategy that includes one or a combination of the following structured parking,onstreet
parking,integrated snub parking areas.and/or shared parking as an alternative to general surface parking.
Building design should enhance public and urban spaces,articulate an urban form,and provide human and
Pedestrian scale.
site pattern '1
N.Thu nformuna is a wmean,of de Ten Mk Innrdmte:peofc Ices Plra.eA fin,of Melilla(aapnkui.e M..&—ne more dna ,Ir•couple inino 6—
IDIAN.Y-
.Quezi Caroct t!n PL—irq Dvtrn at 33 E&ardway Ave,Sure 1DZ.Menaln to&3642 or M W S533
MIXED EMPLOYMENT (ME) Page I ME.2
TEN MILE SPECIFIC PLAN LAND USE MAP DESIGNATIONS
Placement
Mostly deladred/zmalM settncks.No more than 30`+parking m the irmt
Heights
Vertical Form
B.ne,Body.&Top
'i k1ry, Frontage
.Y. - /�,' •20%Wndoxs.Single plane roll n imum dnt—o+Wilding height
jY,w: �r Additional Curt Sheet References Page
1� .Building Exxxs 8 Ik'ghts 0iC2
?h 1 •Base,Body&Top BFC3
Rcv[s tlet u Pd,t d BFCe
• J.."'P�d •Sig-&Public An SGN.t
a
Miced Employment areas should be designed as lower density suburban-style developments.Design and development standards are recommeaded
that would help N make developments more attracnve,engaging and accessible places(Ten Mile Interchange Specsfic Area Plan)-
Ka-
•Qa 6na C�me PYnnkq pri6ta at 33 E l rwdway Are 5—to—teeratn 0&3Fra2 ar 2Da354 S33
Transportation: The Transportation System Map in the TMISAP depicts a collector street through
this site that connects to S. Black Cat Rd. an adjacent arterial street. The collector street network
depicted on the proposed development plan is generally consistent with the Transportation System
Map(see pg. 3-18 in the TMISAP).
The Street Section Map depicts Vanguard(major collector)as being appropriate to provide access
from adjacent arterial streets(i.e.Black Cat,Franklin&Ten Mile Roads)into the employment area.
Streetlights should be located in the tree lawn area and should be of a pedestrian scale.
J
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Law Lane
Street Section C - 4
(Y(�ID-OAdWffiCe
The collector street(i.e.Vanguard Way)in the commercial mixed-use area of the development should
be constructed in accord with this street section with the following exceptions as required by ACHD:
(3)travel lanes instead of(2); and 10-foot wide detached sidewalks/pathways instead of 6-foot wide
detached sidewalks in lieu of on-street bike lanes.
Design: The TMISAP emphasizes the quality of the built environment and includes recommendations
on the location, scale, form,height and design quality of public and private buildings in the form of
building placement,orientation,and massing;types and design treatments for building frontages; as
well as recommendations for the incorporation of art in public and private projects.
The design elements in the Plan are intended to serve as the basic framework for any given project
within the Ten Mile Area. The primary components that the design elements address include:
architecture and cultural heritage; building placement whereby build-to lines are identified;heights
and step backs;the definition of a base,body and top; and frontage types.
The proposed development should be designed in the accord with the TMISAP(see pgs. 3-31
thru 3-51). See the Application of the Design Elements table on pg.3-49 to determine specific
design element requirements according to the associated FLUM designation.Future
development applications should include the applicable design elements.
Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this
development:
• "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 extended by the developer with
development in accord with UDC 11-3A-21.
• Focus on developing industries that exceed the living wage, such as technology,healthcare
and other similar industries. (2.06.01E)
The TWSAP designates the subject property for mixed employment. These areas are intended
to capture full economic advantage of the Ten Mile interchange to enhance the long-term
fiscal health of the City of Meridian and the Treasure Valley. The proposed annexation and
zoning of this area to ME will result in the creation of primary jobs as anticipated by the
Plan.
• "With new subdivision plats,require the design and construction of pathways connections,
easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of
usable open space with quality amenities." (2.02.01A)
Multi-use pathway segments are proposed within this development for interconnectivity
between the commercial and employment portions of the development and neighboring
developments within the area.
• "Encourage the development of supportive commercial near employment areas." (3.06.02C)
The proposed commercial,flex space, light industrial with manufacturing, and office should
provide supportive uses for the proposed employment area.
• "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."
(3.03.03A)
The proposed development will connect to City water and sewer systems;services are
required to be provided to and through this development in accord with current City plans.
• Evaluate development proposals based on consistency with the vision as well as physical,
social,economic,environmental,and aesthetic criteria. (3.01.011))
The TMISAP vision for this area is an employment-generating center that buffers the
community from I-84 and the future extension of Highway 16, and serves the employment
areas with easy access to markets, high-speed transportation facilities, and employees across
the Treasure Valley. The TMISAP incorporates specific design standards for this area to
create a sense of place and a unique identity. In line with this vision, the proposed
annexation and zoning to M-E are intended to accommodate a mix of uses which is consistent
with the overall vision and the design principles for this area.
• "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 services are available to this site and can be extended by the developer
with development in accord with UDC 11-3A-21. The emergency response times for Police
Dept. and Fire Dept. meet the established goals.
• "Require appropriate landscaping,buffers,and noise mitigation with new development along
transportation corridors(setback,vegetation,low walls,berms,etc.)." (3.07.01C)
A SO foot wide landscaped street buffer is required to be provided along the southern
boundary of the site adjacent to I-84.
• "Encourage the integration of public art as an integrated component with new development."
(5.03.01B)
The Applicant is proposing the installation of a historical monument for the existing silos
located in the plaza near the site's entrance. The proposal involves utilizing materials from
the Silo in the construction of the monument. Additionally, the Applicant plans to accompany
the monument with a plaque featuring pictures of the original silo along with historical
details for the public. This initiative aligns with the goals of preservation and seamlessly
integrates public art into the site.
• "Coordinate with the Meridian Historic Preservation Commission to recommend use,
restoration,and preservation of historical structures and sites throughout Meridian."
(5.02.02A)
• "Stimulate private and public investment in the restoration and preservation of historic
buildings,outdoor spaces,and natural historical features." (5.02.02D)
• "Support the efforts of the Historic Preservation Commission to foster preservation and
conservation."(5.02.02E)
• "Develop policies to preserve and protect or document and memorialize historic and
culturally significant structures and sites." (5.02.02j)
Encompassing the aforementioned policies, there are currently multiple historic buildings
situated on this site. The Applicant intends to proceed with one of the following options,
aiming to install a historical monument for the existing silos located in the plaza area near
the site's entrance. Option (1): involves careful disassembling and storage of the structure,
with the intention to find an interested agency that may preserve the silo on another site. An
agency would need to be identified before disassembly and prior to the commencement of the
road. Alternatively, if no interested agency is identified prior to the commencement of the
road construction, Option (2): entails utilizing some materials from the silo in the
construction of the monument in the plaza (Lot 3, Block 1).
• "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 and curb, gutter and sidewalks are proposed as
required with this development.
In summary, Staff believes the proposed development plan is generally consistent with the vision
of the Comprehensive Plan for this area per the analysis above.
V. UNIFIED DEVELOPMENT CODE ANALYSIS UD
A. Annexation and Zoning(AZ):
Annexation is requested of 33.89-acres from RUT to the M-E zoning district as shown on the
Annexation description and Exhibit in Section VILB. A conceptual development plan and
elevations are included in Section VILD that show how the site is anticipated to develop.
The development abuts Mixed Employment designated land to the east and borders I-84 to the
south. This development is proposed to have access to a collector street as desired.Medium-
high-density residential uses are proposed to the north and light industrial to the west. Allowed
uses in the M-E district consist of offices,medical centers,research and development facilities,
and light industrial uses with ancillary support services. This area is intended to develop with
approximately 378, 360 s.f,encompassing various potential uses like office,light industrial
operations,and research and development components such as distribution and light
manufacturing.
The City may require a development agreement(DA)in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is
required with the provisions discussed herein and included in Section VIILA.
Proposed Use Analysis:
A variety of uses are proposed including office,commercial, flex space,light industrial,research
and development,and other uses; see UDC Table 11-2B-2 for allowed uses in the applicable
zoning districts. Compliance with the dimensional standards listed in UDC Table 11-2B-3 is
required,as applicable. The inclusion of loading docks on the elevations for the proposed flex
buildings implies that all of the intended uses are primarily related to
distribution/warehousing,which requires a Conditional Use Permit(CUP)in the M-E
zoning district.
The proposed zoning and uses are generally consistent with the associated FLUM designations as
discussed above in Section IV.
B. Preliminary Plat(PP):
The proposed preliminary plat consists of 6 building lots and I common lot on 27.59-acres of land
in the M-E zoning districts for Farmstone Crossing Subdivision. The subdivision is proposed to
develop in two(2)phases as shown on the phasing plan in Section VILC. Staff recommends
that the collector street(Vanguard Way)be constructed prior to development commencing
on the property. Additionally,the first phase of development should encompass the
construction of both the 10' detached sidewalks along S.Black Cat Road and Vanguard
Way including the entire street buffers.The second phase of development should encompass
the completion of the remaining 10-foot pathway along the I-84 Interstate.
Existing Structures/Site Improvements:
According to GIS imagery,there is an existing home and other historic outbuildings adjacent to
Black Cat Road that will be removed upon development of the Farmstone Crossing Subdivision.
Staff recommends that the Applicant preserve some elements of the historic buildings.As
mentioned above, the Applicant presented their proposed plan for the existing silos to the
Historic Preservation Commission on January 25, 2024 with the following: Option (1):
involves careful disassembling and storage of the structure, with the intention to find an
interested agency that may preserve the silo on another site. An agency would need to be
identified before disassembly and prior to the commencement of the road. Alternatively, if no
interested agency is identified prior to the commencement of the road construction, option (2):
entails utilizing some materials from the silo in the construction of the monument(refer to
Applicants narrative below).
The meeting concluded with the Historic Preservation Commission expressing a preference for
recommending to the Planning and Zoning Commission that both existing silos be
disassembled and reassembled at a yet-to-be-determined future location. It was emphasized
that the specifics of the relocation be clarified prior to disassembly, and the new site would
need to be determined within a reasonable period of time. As an alternative proposal, the
Commission advocates for the creation of a scale replica of the facilities on the current site.
The Historic Preservation Commission wishes to review the details of the proposed monument
with the initial Certificate of Zoning Compliance submittal for the site. Additionally, the
Historic Preservation Commission wishes to retain the ability to provide comments on the final
proposed monument presented by the Applicant.
As part of the proposed first phase of development, all existing structures that do not
conform to the district's setbacks must be removed, except for those agreed upon for
historic preservation.No other site improvements are known.
e-ookhileYEngineering.In Inc.
CIVIL ENGINEERINGIPLANNINGK.AM
Throughout the course of designing this project,we have worked with numerous agencies
and explored options for prescrving the Silo.Here are the findings:
• Thr silo is located in the middle of a required ACHD right-of-way,therefore it
cannot stay in its'current location.We reached out to ACHD to see if the road
could be shifted,due to the existing construction of the road on the West-the
road cannut be moved(see ACHD comment).
A structural analysis was complete,and the structure is not safe(see
Structural fetter).
• The silo was evaluated by a moving company-they determined that it cannot
be moved without the structure falling apart.
fleeced on these findings,orrr proposal is to proceed with one of the following options
and build a monument on site:
l. Disassemble and store the structure for an agency that may be interested in
preserving the silo on another site,An agency would need to be identified
prior to disassembly and prior to construction of the road_
2. In the event an interested agency cannot be found prior to construction of the
road,we will use some of the materials from the Silo in the construction of the
monument.
The monument will be placed in the Plaza of this development. In addition,we will
install a plaque to accompany the monument which will include pictures of the original
Silo along with historical details for the public.We believe this is an ideal way to
memorialize the history of the Double Crain Silos and provide the community with a
beautiful monument.
We have met with the Historic Preservation Commission as a part of their monthly
meeting and the commission is an agreement with the proposal.The commission
requested to review the renderings of the monument once those have been prepared-the
developer has agreed to do so_
Summary
The preliminary plat has been thoughtfully designed to be consistent with the UDC,
TMISAP and Pathways Master Plan.This new light industrial and officelFlex space
development wil l provide employment opportunities for the area.Additionally,the plan
has also been adapted to add a smaller user providing greater synergy with the planned
residential densities.
i t 19 E.State Street,Ste.2l0 Eaglc,Idaho 83616 208-939-0013
Dimensional Standards:
Development of the proposed lots is required to comply with the dimensional standards of the
M-E zoning district in UDC Table 11-2B-3,as applicable. The proposed preliminary plat
appears to comply with the dimensional standards of the district.
Subdivision Design and Improvement Standards (UDC 11-6C-3 :
Development of the subdivision is required to comply with the subdivision design and
improvement standards listed in UDC 11-6C-3. The proposed subdivision appears to comply
with these standards.
Access (UDC 11-3A-3
Access is proposed to be provided from the northern boundary of the site from the extension of
Vanguard Way to Black Cat Road to the west. Vanguard Way is designed as a collector street in
accordance with the Master Street Map and the Transportation System Map in the TMISAP. A
driveway is proposed to the adjacent property to the east for future extension.
Prior to Certificate of Occupancy,the applicant shall record a cross-access/ingress-egress
easement to adjoining property to the east [S1215427850] and submit copy of said easement
to the Planning Division in accordance with the provisions of UDC 11-3A-3A2. Direct
access via S.Black Cat Road is prohibited.
Streets:
Vanguard Way should be constructed in accordance with Street Section C(major collector street)
in the TMISAP,which requires (2) 11-foot travel lanes,6-foot bike lanes, 8-foot parkways with
streetlights at a pedestrian scale,and minimum 6-foot wide detached sidewalks(see pg. 3-20, 3-
22, 3-23). The Applicant proposes a modification of the street section to include 10-foot wide
detached sidewalks/pathways in lieu of on-street bike lanes,which is required by ACHD and as
set forth in the Meridian Master Pathways Plan.
All streets should be constructed as complete streets as defined in the TMISAP (see pg.3-19
&3-20). Prior to submitting the final plat,the Applicant shall coordinate with the property
owner to the north and east to construct Vanguard Way and deed the right-of-way to
ACHD. The Applicant should ensure that the intersection of Vanguard Way and S.Black
Road aligns with the entrance of the Black Cat Industrial projects on the west side of S.
Black Cat Road.
The Applicant is proposing two curb cuts off of Vanguard Way,a planned collector street in the
TMISAP. In accordance with UDC 11-3A-3 (Access to streets),multiple accesses off an arterial
and/or collector roadway shall be restricted The Applicant has chosen to eliminate the curb
cut aligned with the proposed subdivision to the north and has instead opted for the one
closest to the intersection of Black Cat Road. Typically,Staff recommends that curb cuts
align directly across roadways; however, Staff supports the offset change, given that the
entrance effectively highlights the features of the proposed plaza,provided it adheres to
ACHD's requirements. Additionally,the Applicant has proposed establishing a shared
access on the east side of this site in collaboration with the property owner to the east,
intended for future shared access.
Pathways(UDC 11-3A-8 :
Ten(10) foot-wide multi-use pathways are proposed on the site in accordance with the Pathways
Master Plan. One segment follows Vanguard Way across the northern portion of this site; one
segment runs along the southern boundary within the street buffer along I-84; and another
segment runs along the west side of the site adjacent to S. Black Cat Road to the plaza on the
north. The proposed pathway is intended to cross the drive aisle between Buildings 1 &2
(refer to figure below). Staff recommends removing the loading docks from the rear of
Buildings 1 &2 to mitigate potential conflicts between pedestrians using the pathway and
delivery trucks accessing that area. A 14-foot wide public use easement for all multi-use
pathways shall be submitted to the Planning Division prior to submittal for City Engineer's
signature on the final plat(s).
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Landscaping is required along all pathways per the standards in UDC 11-3B-12C. The landscape
plan appears to comply with this standard.
Sidewalks &Pedestrian Walkways(UDC 11-3A-17& UDC 11-3A-1 9.R 4):
The UDC requires minimum 5-foot wide sidewalks to be provided adjacent to all streets with
detached sidewalks along collector streets and attached or detached sidewalks along local streets.
However,the guidelines in the TMISAP for the collector street sections(i.e. C) depict 6-foot
wide sidewalks,which should be provided within the development at a minimum.The
applicant is proposing to construct 10-foot wide sidewalks adjacent to the applicable
roadways based on the design approved with the Vanguard Village project to the east.
A continuous internal pedestrian walkway that is a minimum of five (5) feet in width shall be
provided from the perimeter sidewalk to the main building entrance(s) for nonresidential uses.
The walkway width shall be maintained clear of any obstructions, such as vehicles,outdoor
sale displays,vending machines, or temporary structures in accordance with UDC 11-3A-19.
The Applicant has provided a pedestrian circulation plan in Section VILE. The internal
pedestrian walkways shall be distinguished from the vehicular driving surfaces through the
use of pavers, colored or scored concrete, or bricks;striping is not an approved material.
The plans appears to comply with this standard.
Sidewalks,walkways, and pathways should include a dedicated crosswalk at the
intersection of S.Black Cat Road with changes in color, markings, materials,texture and/or
surface to distinguish them from the surrounding pavement as set forth in the TMISAP(see
pg.3-28, Crosswalks).
Landscaping(UDC 11-3B
Street buffers are required to be provided as set forth in UDC Table 11-2A-7. A minimum 25-foot
wide street buffer is required along all arterial streets(i.e. S. Black Cat Road)in commercial
districts.A 20-foot wide street buffer is required along all collector streets (i.e. Vanguard Way)—
the buffer may be placed in an easement rather than a common lot in accord with UDC I I-3B-
7C.2a. A minimum 50-foot wide street buffer is required along I-84,landscaped per the
standards listed in UDC 11-3B-7C.3,which requires a variety of trees, shrubs,lawn or other
vegetative groundcover(see updated code for specifics &figures below). The proposed
buffer dimensions appear to meet the requirements of the UDC code; however,there is a
lack of a combination of planters(shrubs and rock mulch)within the buffer along
Vanguard Way. The Applicant has provided fifty-two(52)trees and only thirty-four(34)
are required along Vanguard Way. Staff recommends that the Applicant enhance the
street buffer by reducing the number of trees and incorporating additional planters. The
landscape buffer along Black Cat Road adjacent to the open drainage swale,lacks
vegetation in front of the 10-foot pathway,not meeting the requirements of the UDC.
The Applicant proposes a plaza area between Building#1 and Building#2,featuring
benches, a pergola,landscaping, and a potential historical monument of the existing silo on
the site.
The Applicant should revise the landscape plan to reflect landscaping within the required
buffers along Vanguard Way and Black Cat Road adjacent to the drainage Swale in front of
the 10 foot pathway in accordance with the standards listed in UDC 11-3B-7, which requires a
variety of trees,shrubs, lawn or other vegetative groundcover(see figures below).
FIGURE 1
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Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B-
7C. Class II trees shall be provided in parkways in accord with UDC 11-3A-17E.
Landscaping is required along all pathways per the standards in UDC 11-3B-12C. The landscape
plan appears to comply with this standard.
Mitigation is required for all existing trees 4"caliper or greater that are removed from the site in
accord with the standards in UDC 11-3B-1OC.5. Mitigation calculations are depicted on the
landscape plan in accord with UDC standards(i.e. 149 trees at 2 caliper inches each for a total of
284 caliper inches). The location of mitigation trees shall be depicted on a revised landscape
plan submitted with the final plat application.
Parking lot: Provide a five-foot wide minimum landscape buffer adjacent to parking, loading,
or other paved vehicular use areas, including driveways,vehicle sales areas,truck parking
areas,bus parking areas, and vehicle storage areas, subject to the following exceptions: (1)This
requirement may be reduced or waived at the determination of the Director where there is a shared
driveway and/or recorded cross parking agreement and easement with an adjacent property. (2) S
his requirement may be reduced or waived at the determination of the Director for truck
maneuvering areas in industrial,mixed-employment and high-density employment districts
To improve the integration of this property with the neighboring M-E zoned property to the
east, Staff encourages the Applicant to consider removing the entire landscape buffer along
the eastern side and coordinate the alignment of parking with the adjacent property owner.
This would facilitate shared access to the east and improve integration with the eastern
property.
Storm Drainage:
An adequate storm drainage system is required in all developments in accord with the City's
adopted standards, specifications and ordinances. Design and construction is required to follow
Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical
Evaluation for the subdivision.
Pressure Irrigation(UDC 11-3A-1
Underground pressurized irrigation water is required to be provided for each and every lot in the
subdivision as required in UDC 11-3A-15.
Utilities(UDC 11-3A-21 :
Utilities are required to be provided to the subdivision as required in UDC 11-3A-21.
Waterways(UDC 11-3A- :
There are no waterways on this site.
Fencing(UDC 11-3A-6 and 11-3A-
All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant is
proposing a 5-foot wrought iron fence along the west property line adjacent to the pathway and
the ACHD drainage swale. The proposed fencing complies with the UDC code.
Parking: Off-street vehicle parking is required for the proposed commercial subdivision as set
forth in UDC Table 11-3C-6.B.Based on approximately 378,360 square feet of proposed floor
space,a minimum of 757 off-street spaces are required; a total of 764 off-street parking spaces
are proposed(7 additional parking spaces). Based on 764 parking spaces proposed,a minimum
of 31 bicycle spaces are required to be provided; none are proposed. Bicycle parking facilities
should comply with the standards in UDC 11-3C-5C. Bike racks should be provided as
close as possible to each building entrance totaling 31 spaces or in a designated area within
the plaza. Staff is recommending the removal of the loading docks at the rear of Building
#1 and Building#2,which will create additional parking. Staff recommends that Applicant
submit revised plans incorporating the aforementioned changes with the CZC Application.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual(ASM) I TMISAP):
Conceptual building elevations were submitted for the proposed flex buildings and light industrial
building as shown in Section VILF. Building materials consist of horizontal metal or Hardie
plank siding in white,wood colors; stucco in dark and light gray colors;metal awnings; and gray
wrapped cornice moulding.
The proposed conceptual elevations are not approved. Final design must comply with the
design standards in the Architectural Standards Manual(ASM) and the design guidelines
in the TMISAP for the Commercial designation(see the matrix for Application of the
Design Elements on pg.3-49).A Certificate of Zoning Compliance and Design Review
application is required to be submitted for approval of the site and building design prior to
submittal of building permit applications.
VI.DECISION
A. Staff:
Staff recommends approval of the requested annexation and preliminary plat per the provisions
noted in Section VIII,per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard these items on February 15.2024.At the
public hearing_the Commission moved to recommend approval of the subject Annexation and
Preliminary Plat requests.
1. Suimnary of Commission public hearing_
a. In favor: David Bailey,Bailey En nig Bering
b. In opposition:None
C. Commenting: Blaine Johnston.President of the Meridian Historic Preservation
Commission
d. Written testimony:None
C. Staff presenting,application: Stacy Hersh,Associate Planner
f Other Staff commenting on application: None
2. Key issue(s)of public testimony
The Applicant's consideration and proposal for the monument sign is appreciated:
however,it would be nice to see the historic silos preserved somehow.
3. Key issue(s)of discussion by Commission:
a. Retaining the Historic Silos on another property(i.e.Northeast Corner of Ten Mile &
Franklin or in the middle of a roundabout).
b. Questions to the Historic Preservation Commission regarding funding to move the silos
to another suitable location owned by the City.
C. The proposed timing for the extension of Vanguard Way and the disassembly of the dual
silos to relocate them out of the right-of-way.
d. Concerns with the silo being placed somewhere else in the Treasure Valley and losing
its distinguished heritage as being part of Meridian.
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandingissue(s) for City Council:
a. Commission would like to recommend City Council retain the dual silos as a historical
monument somewhere within our city,preventing them from being given or sold to
another part of the Treasure Valley or discarded,and the Developer build a monument
on site to commemorate the silos.
C. The Meridian City Council heard these items on May 7.2024.At the public hearing_the Council
moved to approve the subject Annexation and Preliminary Plat requests.
1. Summary of the City Council public hearing:
a. In favor: David Bailey,Bailey Engineering
b. In opposition:None ^
C. Commenting: Blaine Johnston.President of the Meridian Historic Preservation
Commission
d. Written testimony:None
C. Staff presenting application: Stacy Hersh.Associate Planner
£ Other Staff commenting on application: Bill Parsons,Planning Supervisor
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Add a condition to the Development Agreement for the Applicant to disassemble the
structure, and the City will agree to store it per a Memorandum of Understanding
OUI,to relocate the silo to another site prior to the commencement of the collector
road extension.
b. The Applicant should construct a monument of the silos in the plaza area.
C. The Applicant agrees to designate a location within the common area adjacent to the
freeway as a potential future site for silos and will provide a license agreement with the
City to utilize the space.
d. Council should provide suggestions regarding which park they prefer to re-construct the
silos in, considering that no new parks are planned for development within the next
three to four years.
4. City Council change(s)to Commission recommendation.
a. Revise the Development Agreement conditions to incorporate the factors mentioned
above.
VIL EXHIBITS
A. Annexation Legal Description and Exhibit Map
Description for
Annexation
Farmstone Crossing Subdivision
August 29, 2023
A portion of the Northwest 1/4 of the Southwest 1/4 of Section 15, Township 3
North,Range I West, Boise Meridian,Ada County. Idaho more particularly described
as follows.
BEGINNING at the 1/4 corner common to said Sections 15 and 16,T 3N.,
R 1 W B M from which the Section corner common to Sections 15, 16 21 and 22
T.3N .R.1 W.,B.M.. bears South 00"43'07"West,2,656 14 feet;
thence South 89'14'43"East, 1,322.85 feet to the Center-West 1116 corner of
said Section 15,
thence on the east line of the Northwest 1/4 of the Southwest 1/4 of said
Section 15. South 00 39'26"West. 1.216-87 feet to the centerline of U.S. Interstate 84.
thence on said centerline. North 80`32'51"West, 1,339.69 feet to the west
section line of said Section 15,
thence on said west section line, North 00'43'07"East, 1,014.28 feet to the
POINT OF BEGINNING.
Containing 33.893 acres, more or less.
End of Description
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na W EWr LC sr Annexation Sheet No.
SURVEY 13M,
,�ax,�a»¢ Farmstone Crossing Subdivision i
GROUP, LLC A porU*n of the NW1/4 of nw SV/4 of Soetbn ys, DWW L13te
T.3N., RAW.. B.M., Ado County,Idoho. 8/29/2023
B. Farmstone Crossing Plat Boundary Legal Description and Exhibit Map
Description for
Farmstone Crossing Subdivision
July 18,2023
A parcel of land located in the Northwest 1/4 of the Southwest 114 of Section
15, Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho more
particularly described as follows.
Commencing at the 114 corner common to said Sections 15 and 16. T.3N.
R 1 W-. B.M..from which the Section comer common to Sections 15, 16,21 and 22
T,3N R 1W.. B M , bears South 00'43'07"West,2,656 14 feet,thence on the
east-west centerline of said Section 15, South 89`14'43"East 50 00 feet to the POINT
OF BEGINNING,
thence continuing, South 89 14AY Last, 1,2f4db teet to the Center-West 1/16
corner of said Section 15
thence on the east line of the Northwest 1/4 of the Southwest 114 of said
Section 15,South 00'30'26"West, 1,005 70 feet to the north right-of-way line of U,3.
Interstate 84;
thence on said north right-of-way line the following two(2)courses and
distances:
North 81'21'56"West.682 94 feet,
North 80'32'51"West.452 75 feet,
thence leaving said north right-of-way line North 00'43'07"East,559.16 feet,
thence North 89`12'58"West 150 09 feet to the easterly right-of-way line of S_
Black Cat Road,
thence on said easterly right-of-way line the following four(4)courses and
distances
North 00°43'07"East,273 37 feet;
North 45'50'37"East. 30.09 feet;
North 00'50'37"East.60 04 feet,
North 46'41'47"West 29.14 feet to the S��N�E LA)VO L
POINT OF BEGINNING.
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Contoining 27 468 acrcc. more or Icac_ t 11 779
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Exhibit �rawin Job No.
DAH Q e for 22-474
SURVEY 99YSriEME4sLi5T Formstone Crossing Subdivision 5neetNa
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GROUP, LLC h portion of the NW1/4 of the SAr1{4 of Se tlon 15. pw9, pets
7.3N., R.M. B.N., Ada County. Idobo. TQ{Ia/2423
C. Preliminary Plat& Phasing Plan
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II. CITY/AGENCY COMMENTS& CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property.
Prior to approval of the annexation,a DA shall be entered into between the City of Meridian
and the property owner(s)/developer at the time of ordinance adoption.A final plat will not
be accepted until the DA is executed and the AZ ordinance is approved by City Council.
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 and
rezone. The DA shall,at minimum,incorporate the following provisions:
a. Development of the subject property shall be generally consistent with the site plan,
landscape plan,preliminary plat,phasing plan,and conceptual building elevations
included in Section VII and the provisions contained herein. Prior-to the Coultei
hear-ing,the Applienat shall provide elevations for-Building#1 Had Building#2
Ad_d&�_fflftalty,the Applienat shall remove the loading doeks from the r-ear-of the
buildings ift favor-of more par-king.
b. All future development, site design and building design shall comply with the Design
Elements matrix on pg. 3-49 in the Ten Mile Interchange Specific Area Plan and the
standards in the Architectural Standards Manual,as applicable.
c.
with the hister-ie pr-esepvatien-on ewer-of the following optics: Prior to submittal of a
Certificate of Zoning Compliance application_Dursuant to the License Agreement and
A reement for Storage and Ownership of Double-Silo Barn Components between
Applicant and City_the Applicant shall (1)at the Developer's sole expense: label
dismantle_package and move the Double-Silo Barn's components (beams_trusses
framing_ chutes_ steel bands_ and bricks) from their original location to the Meridian
Parks and Recreation Department's maintenance facility_ located at 1700 E. Lanark
Street_Meridian_Idaho: and(2)convey an easement to City at 820 S.Black Cat Road_in
a location in the southeast corner of that property_ suitable for rebuilding the Barn_in the
event such circumstance should occur_ and(3)include the reconstructed Barn in the
Applicant's CZC application. r isas e le and store the s,m,,,,, with the i teent; of
finding an interested ageiiey to pr-esef-v,e �he silo to a-R4her-site prior-to the
in the plaza tAilizing some of the ma4er-ials from the dissembled silos AND/OR
d. The collector street(Vanguard Way) shall be constructed prior to development
commencing on the property. The applicant may deed the right-of-way to ACHD prior to
the submittal of the first phase of a final plat.
e. Sidewalks,walkways and pathways shall include dedicated crosswalks at the intersection
with all streets of S. Black Cat Road with changes in color,markings,materials,texture
and/or surface to distinguish them from the surrounding pavement as set forth in the
TMISAP (see pg. 3-28,Crosswalks).
f. Public art in a high quality of design shall be provided in shared spaces and incorporated
into the design of streetscapes as set forth in the TMISAP (see pg. 3-47). The proposed
monument of the historic silo will satisfy this requirement.
g. The subject property shall be subdivided prior to submittal of any Certificate of Zoning
Compliance application(s)and/or building permit application.
2. Preliminary Plat:
2.1 Future development of the proposed lots is required to comply with the dimensional standards
M-E zoning districts in UDC Table 11-2B-3,as applicable.
2.2 The plat shall be revised prior to submitting the first phase of a final plat as follows:
a. Include a note prohibiting direct access via S.Black Cat Road and Vanguard other than
the access points approved by the City and ACHD with this application.
c. Depict street sections for Vanguard Way consistent with Street Section C in the TMISAP
with a modification that allows (3) 11-foot travel lanes, 8-foot parkways and detached 10-
foot wide sidewalks/pathways in lieu of on-street bike lanes as required by ACHD.
Streetlights are required at a pedestrian scale,unless another alternative is approved(see
pg. 3-20, 3-22, 3-23).
e. The intersection of Vanguard Way and S. Black Road shall align with the
entrance of the Black Cat Industrial project on the west side of S. Black Cat Road.
f. Depict required street landscape buffers in common lots or on permanent dedicated buffer
easements,maintained by the property owner or business owners' association,as
applicable,as set forth in UDC 11-3B-7C.2.
g. The Applicant shall coordinate with the
property owner to the north and east to construct Vanguard Way and dedicate the right-
of-way on the final plat to ACHD.
h. Coordinate with the property owner to the east for the shared curb cut and explore the
possibility of removing the landscape buffer on the eastern side of the site to align
parking with the adjacent property owner,if desired.
2.3 The landscape plan shall be revised prior to submitting the first phase of a final plat as
follows:
a. Depict landscaping within required street buffers along Black Cat Road adjacent to the
drainage swale in front of the 10-foot pathway and Vanguard Way in accord with the
recently amended standards listed in UDC 11-3B-7C and 11-3B-8C; all required
landscape buffers along streets shall be designed and planted with a variety of trees,
shrubs, lawn, or other vegetative ground cover. Plant materials in conjunction with site
design shall elicit design principles including rhythm,repetition,balance, and focal
elements
b. Sidewalks,walkways and pathways shall include dedicated crosswalks at the intersection
with all streets of S. Black Cat Road with changes in color,markings,materials,texture
and/or surface to distinguish them from the surrounding pavement as set forth in the
TMISAP (see pg. 3-28,Crosswalks).
c. The location of mitigation trees shall be depicted on a revised landscape plan submitted
with the final plat application.
2.4 A 14-foot wide public use easement for the multi-use pathways within this site shall be
submitted to the Planning Division prior to submittal for City Engineer signature on the final
plat(s).
2.5 Prior to Certificate of Occupancy,the applicant shall record a cross-access/ingress-egress
easement to adjoining property to the east [S1215427850] and submit copy of said easement
to the Planning Division in accordance with the provisions of UDC 11-3A-3A2.
2.6 Upon completion of the landscape installation,a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in UDC 11-3B-14.
2.7 The preliminary plat approval shall become null and void if the applicant fails to either: 1)
obtain the City Engineer signature on a final plat within two years of the date of the approved
findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7.
B. PUBLIC WORKS
https://weblink.meridiancity.orgj ebLink/DocView.aspxTid 308331&dbid 0&repo MeridianC
i &cr1
C. FIRE DEPARTMENT
hyps://weblink.meridiancity.orgj eRink/DocView.aspxTid 308338&dbid 0&repo=MeridianC
Lty
D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridiancioy orglWebLinkIDocView.aspx?id 308539&dbid O&repo=MeridianC
Lty
E. ADA COUNTY DEVELOPMENT SERVICES
hyps://weblink.meridiancity.orgj ebLink/Doc View.aspxTid 308789&dbid 0&repo=MeridianC
Lty
F. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https:llweblink.meridiancioy org/WebLinkIDocView.aspx?id 308414&dbid O&repo=MeridianC
Lty
G. MERIDIAN PARK'S DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspxTid 308329&dbid 0&repo MeridianC
i &cr1
H. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancity.org/WebLink/DocView.aspxTid 309887&dbid 0&repo=MeridianC
Lty
L IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridiancity.oEgj ebLinkIDocView.aspx?id 308539&dbid O&repo=MeridianC
Lty
J. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.org/WebLink/DocView.aspxTid310445&dbid0&repo—Meridian C
a
K. COMPASS
https://weblink.meridiancity.oEgj ebLink/DocView.aspxTid 310273&dbid 0&repo MeridianC
a
L. MERIDIAN HISTORIC PRESERVATION COMMISSION
https://weblink.meridiancity.org/WebLink/DocView.aspxTid 310712&dbid 0&repo=MeridianC
Lty
IX. FINDINGS
A. Annexation and/or Rezone(UDC 11-511-3E)
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:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
Council finds the proposed zoning map amendment and subsequent development is
generally consistent with the Comprehensive Plan if the plans are revised.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds the proposed map amendment will allow for the development of a mix of
commercial, office,flex space, light industrial and employment uses which will provide
for the service needs of the community consistent with the purpose statement of the
commercial districts in accord with the Comprehensive Plan if the plans are revised.
3. The map amendment shall not be materially detrimental to the public health, safety,and
welfare;
Council finds the proposed zoning map amendment should 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
Council finds the proposed zoning map amendment will not result in an adverse impact
on the delivery of services by any political subdivision providing public services within
the City.
5. The annexation(as applicable)is in the best interest of city.
Council finds the annexation is in the best interest of the City if the plans are revised.
B. Preliminary Plat Findings(11-611-6)
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the
decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use and transportation if the plans are revised.
(Please see Comprehensive Plan Policies in, Section IV of this report for more
information)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Council finds that public services will be provided to the subject property with
development. (See Exhibit B of the Staff Report for more details from public service
providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, Council finds that the subdivision will not require the expenditure of
capital improvement funds.
4. There is public financial capability of supporting services for the proposed development;
Council finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers (i.e., Fire, ACHD,
etc). (See Section VIII for more information)
5. The development will not be detrimental to the public health, safety or general welfare;
and,
Council is not aware of any health,safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis.
6. The development preserves significant natural, scenic or historic features.
Council is aware of the significant natural, scenic or historic features that exist on this
site that require preserving.