HomeMy WebLinkAboutZ - DA Ada County Recorder Trent Tripple 2025-037885
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CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Rinker Properties LLC, Owner/Developer
17th THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
day of June ,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 Rinker Properties LLC,whose address is 385 W. Creekview Drive,Meridian, ID,
83646, hereinafter called OWNEWDEVELOPER.
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
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 has submitted an application for annexation
and zoning of 1.00 acre of land with a request for the I-L (Light Industrial)
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 4th day of February, 2025, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit`B"; and
DEVELOPMENT AGREEMENT-330 N LINDER RD(H-2024-0048) 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 Rinker Properties LLC,
whose address is 385 W. Creekview Drive, Meridian, ID, 83646, hereinafter
called OWNER/DEVELOPER, the parry 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.
DEVELOPMENT AGREEMENT-330 N LINDER RD(H-2024-0048) PAGE 2 of 7
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the concept plan,
landscape plan, and conceptual building elevations included in Section VIII 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. No more than five (5) cars shall be displayed along N. Linder Road at any one
time. The vehicles shall not be displayed in front of the building.
c. In accord with Unified Development Code (UDC) 11-3A-3,the Owner/Developer
shall construct driveway stubs to the north in the area between the future
maintenance shop and parking area and to the south in alignment with the existing
driveway from the abutting property. Copies of the recorded cross-access/ingress-
egress easements shall be submitted with the Certificate of Zoning Compliance
application for the proposed use.
d. The Owner/Developer shall install a 6-foot-tall privacy fence on the north property
boundary to help buffer the neighboring residential.
e. The existing structure is nonconforming with the 35-foot setback along N. Linder
Road.Any future expansion will require compliance with the I-L zoning regulation
per UDC 11-2C-3.
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
DEVELOPMENT AGREEMENT-330 N LINDER RD(H-2024-0048) PAGE 3 of 7
necessary to complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not
a duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement. Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
control of the party responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
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.
DEVELOPMENT AGREEMENT-330 N LINDER RD(H-2024-0048) PAGE 4 of 7
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: 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:
Rinker Properties LLC
385 W. Creekview Drive
Meridian, ID, 83646
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.
DEVELOPMENT AGREEMENT-330 N LINDER RD(H-2024-0048) PAGE 5 of 7
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-330 N LINDER RD(H-2024-0048) PAGE 6 of 7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Rinker Properties LLC
By Vrint name): '6
Its (title): Vf\,-ivvkn%Iy� M
State oft )
ss:
County of
On this da of ,2025,before me,the undersigned,a Notary Public,in and for said State,
personally appeared 1 9, known or identified to me to be the MXMIM RMOtKof
Rinker Properties LLC and the person who signed above and acknowledged to me that they exeWitedthe same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
ce e i t o e
CHARLENE WAY
COMM184M No. 67390 Notary Public �r�� n
NOTARY PUBLIC My Commission Expires: '�� ego 0
STATE OF IDAHO
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 6-17-2025 Chris Johnson, City Clerk 6-17-2025
State of Idaho )
ss
County of Ada )
On this 17th day of Tune , 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.
(SEAL) Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT—330 N UNDER RD(H-2024-0048) PAGE 7 OF 7
EXHIBIT A
ELS ENGEBRITS ON LA ND SURVEYS, PLLC.
2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com
17 October 2024
ELS Project No. 240506
Land Description
EXHIBIT A
Lot 3 of Heppers Acre Subdivision (a recorded plat on file in Book 20 of Plats at Page 1298, records of Ada County, Idaho)
and a portion of the SE %of Section 12, T. 3 N., R. 1 W., B.M., Meridian, Ada County, Idaho, described as follows:
Commencing at a found brass cap monument marking the NW corner of said SW %of Section 12, thence southerly along
the westerly line of said Section S 00°31'39" W a distance of 1483.12 feet to the POINT OF BEGINNING.
Thence leaving said line S 88°13'52" E a distance of 40.01 feet to a found steel pin monumenting the northwest
corner of said Lot 3 on the easterly rights-of-way line of North Linder Road;
Thence leaving said rights-of-way and continuing along the northerly line of said Lot 3 S 88'13'52" E a distance of
316.87 feet to a found steel pin monumenting the northeast corner of said Lot;
Thence southerly along the east line of said Lot S 00°38'53" W a distance of 120.00 feet to a found steel pin
monumenting the southeast corner of said Lot,
Thence westerly along the southerly line of said Lot N 88°13'52" W a distance of 316.62 feet to the southwest
corner of said lot on the easterly rights-of-way line of said North Linder Road;
Thence leaving said lines N 88'13752"W a distance of 40.01 feet to a point on the westerly line of said Section 12;
Thence northerly along said westerly line of Section 12 N 00°31'39" E a distance of 120.00 feet to the POINT OF
BEGINNING.
The above-described tract of land contains 42,800 square feet more or less subject to all existing easements and rights-of-
way.
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EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
AND DECISION& ORDER
In the Matter of the Request for Annexation of 1.0 acres of land with an I-L(Light Industrial)
zoning for the proposed use of vehicle sales or rental and service.,by Nick Rinker.
Case No(s). H-2024-0048
For the City Council Hearing Date of: January 21st,2025 (Findings on February 4t",2025)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of January 21 St,2025, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of January 21", 2025,incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 21 st,
2025, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 4',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 I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 21',2025,incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) - 1 -
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation is hereby approved per the conditions of approval in the
Staff Report for the hearing date of January 21',2025,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 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 January 21 st,2025.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -2-
By action of the City Council at its regular meeting held on the 4th day of February
2025.
COUNCIL PRESIDENT LUKE CAVENER VOTED AYE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. S iso 2-4-2025
Attest:
SF,AL
Chris Johnso 2_' f5
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
1r,t� ,. 2-4-2025
By: ( (,(s Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -3-
COMMUNITY DEVELOPMENT r✓ Y 1- � 1�T��T"~-'
DEPARTMENT REPORT
HEARING 1/21/2025 Legend
DATE: Project Location `,
TO: Mayor& City Council Area of Impact
}= City Limits t T
FROM: Nick Napoli,Associate Planner O Analysis
208-884-5533
nnapoli@meridiancity.org 4=
APPLICANT: Nicholas Rinker _{
SUBJECT: H-2024-0048 ---
a
330 Linder Road Annexation
LOCATION: Located at 330 N. Linder Road in the SE ' --_
1/4 of Section 12,T.3N.,R.l W.
aY..._ -
pi.- _
L
I. PROJECT OVERVIEW
A. Summary
Annexation of 1.0 acre of land with an I-L(Light Industrial)zoning for the proposed use of
vehicle sales or rental and service.
B. Issues/Waivers
The applicant has received a letter from the northern property owner to allow for a reduced
landscape buffer to the residential property. This reduction will be from 25 feet to 5 feet. With
this letter, staff finds the intent of the dimensional standards is being met. The applicant is
seeking Council waiver to reduce this buffer as requested.
The existing building is proposed to remain which will cause it to be non-conforming with the 35-
foot street setback.
C. Recommendation
Staff Approval.
Commission Recommendation: Approval.
D. Decision
Council: Approved
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -4-
COMMUNITY METRICS
Table 1: Land Use
Description Details Map Ref.
Existing Land Use(s) Residential -
Proposed Land Use(s) Industrial/Car Dealership -
11. Existing/Proposed Zoning Rl in Ada County V.A.2
Future Land Use Designation General Industrial V.A.3
Table 2: Process Facts
Description Details
Preapplication Meeting date 8/26/2024
Neighborhood Meeting 9/5/2024
Site posting date 11/23/2024
Table 3: Community Metrics
Agency/Element Description Issue Reference
Ada County Highway District II I.0
• Comments Received Yes -
• Commission Action Required No -
• Access Shared access with the property to the south. -
• Traffic Level of Service Better than E. -
ITD Comments Received Yes
Meridian Public Works Wastewater
• Distance to Mainline Available at site
• Impacts or Concerns Yes: See comments below.
Meridian Public Works Water rs
• Distance to Mainline Available at site -
• Impacts or Concerns No
Note: See section III. City/Agency Comments & Conditions for comments received or see public
record
https:llweblink.meridianci Ly.orglWebLink/Browse.aspx?id=362253&dbid=0&repo=Meridian Cit
Y.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -5-
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code(UDC)
A. General Overview
This property is designated as General Industrial on the Future Land Use Map(FLUM). The use
of vehicle sales or rental and service is consistent with the comprehensive plan for the general
industrial designation.
The subject site is among several Industrial properties along Linder Road in the immediate area.
The proposed use of vehicle sales or rental and services is a permitted use in the I-L zoning which
is the zoning the applicant is requesting. In conjunction with the existing industrial users
surrounding this property,the proposed use satisfies the general industrial designation on the
comprehensive plan.
Table 4: Project Overview
Description Details
History I N/A
Acreage 1.0 acre
B. History and Process
The subject property is part of an enclave area surrounded by City annexed property.
Annexation of this land will provide more efficient provision of City services. Industrial
uses exist to the west across N. Linder Rd and to the south and east; single-family
residences exist to the north and in Ada County.
C. Site Development and Use Analysis
1. Existing Structures/Site Improvements (UDC 11-1):
The existing residence is proposed to remain as the main office for the vehicle sales business.
The building shall abandon well and sceptic and connect to city services at the time of
annexation in accord with UDC.
2. Proposed Use Analysis (UDC 11-2):
The proposed use of vehicle sales or rental and service is a permitted use in the I-L zoning
district and aligns with the surrounding area. By adding additional industrial properties in the
city,this project contributes to the community's employment and economic growth.
Specifically, it adheres to Policy 3.07.01D,which encourages the preservation of industrial
land use areas by discouraging non-industrial users. Additionally,the proposal is consistent
with Policy 3.06.02D,which recommends locating industrial uses close to state highways and
the rail corridor. The property's location adjacent to Linder Road enhances its accessibility to
both the rail corridor and state highways. Staff finds the proposed use to be consistent with
the UDC and Comprehensive Plan.
3. Dimensional Standards (UDC 11-2):
Development of the site shall comply with the dimensional standards of the I-L zoning
district in UDC Table 11-3B-3. The applicant has received a letter from the northern property
owner to allow for a reduced landscape buffer to the residential property. This reduction will
be from 25 feet to 5 feet and requires City Council waiver to reduce the buffer as proposed.
Staff is supportive of the reduction since the adjacent property will more than likely develop
with an industrial use in the future.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -6-
Additionally,the existing building will be non-conforming if annexed due to the 35-foot
setback requirement off Linder Road. The building is roughly 37-feet off the curb line but is
within the 35-feet when measured from the ultimate right of way. If approved,this would
create a non-conforming building and any new construction will be required to comply with
the I-L dimensional standards.
4. Specific Use Standards (UDC 11-4-3):
Vehicle Sales or rental and service— UDC 11-4-3-38:
A. Vehicle repair may be allowed as an accessory use,subject to the standards for
vehicle repair,major,and minor,in the district where the use is located.
The applicant is proposing a future maintenance shop for vehicle repair
purposes. While this is not going to be a use established on the site with the
initial development, the applicant will come through permitting for
establishing this accessory use in the future.
B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence,
wall,or screen or within an enclosed structure and shall not be visible from any
street.
The applicant is proposing a future maintenance shop that will house any
inoperable vehicles. In the interim, there will be no inoperable or dismantled
cars on the site.
C. Automotive sales and rental areas shall be subject to the minimum perimeter
landscape requirement of parking areas in chapter 3, article B, "landscaping
requirements", of this title.
The minimum perimeter landscape requirements are being met and a
reduction of the northern 25 foot landscape buffer is requested through a
council waiver.
D. In addition to chapter 3, article B, "landscaping requirements", of this title, one(1)
square foot of landscaping for every fifty(50) square feet of vehicle display area
shall be provided.
The site has 540 square feet of proposed vehicle display area which means 11
square feet of landscaping is required and the applicant exceeds this
landscaping requirement.
E. Vehicle display pads are prohibited in the required landscape buffers.
The vehicle display is outside of the required 12.S foot with water conserving
design landscape buffer along Linder Road fulfilling this requirement.
However, the applicant shall only be allowed to have 3 vehicles displayed
along N. Linder Road at any one time. UDC 11-3A-19 discusses the
importance of building frontage along public roads and requires a minimum
of 30% of the fagade to occupy the frontage. By limiting the display vehicles
to 3, staff finds the fagade will maintain is prominent form along the frontage.
F. Vehicle display areas shall incorporate design features including,but not limited to,
landscape islands, curbing,and pedestrian walkways,that define main drive aisles
and internal circulation patterns.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -7-
The concept plan shows curbing around the vehicle display with landscaping
on both sides to meet this requirement.
D. Design Standards Analysis
1. Landscaping (UDC 11-3B):
i. Landscape buffers along streets
The applicant is proposing waterwise landscaping which allows for a 50%reduction in street
landscape buffers. A 12.5-foot wide street buffer is required to be constructed along N.
Linder Rd., an arterial street,measured from back of sidewalk, landscaped per the standards
listed in UDC 11-3B-7C. Landscaping requirements will be analyzed with the Certificate of
Zoning Compliance.
ii. Parking lot landscaping
Parking lot landscaping is required per the standards listed in UDC 11-313-8C. A minimum
5-foot wide buffer should be provided along the east property boundary unless the
requirement is reduced or waived by the Director for truck maneuvering areas as set
forth in UDC 11-3B-8C.1a. Staff recommends the applicant shift the planter islands to the
eastern buffer where the easement begins to maximize the parking on site. Landscaping
requirements will be analyzed with the Certificate of Zoning Compliance.
iii. Landscape buffers to adjoining uses
A 25-foot wide buffer is required to the residential land use to the north as set forth in UDC
Table 11-2C-3 and 11-4-3-34F, landscaped per the standards listed in UDC 11-3B-9C. The
Applicant requests City Council approval of a reduced buffer width from 25-to 5-feet
adjacent to the residential use to the north as allowed by UDC 11-313-9C.2 with notice to
surrounding property owners.A reduction to the buffer width shall not affect building
setbacks; all structures shall be set back from the property line a minimum of the buffer
width required in the I-L district(i.e.25-feet).A letter was submitted from the abutting
property owner to the north, Christopher and Angela Olson,agreeing to the proposed reduced
buffer.While the landscape buffer will be reduced,the building will still be 25 feet from the
north property line. Additionally,the eastern landscape buffer shall be landscaped in
accordance with the irrigation districts' allowances.
iv. Tree preservation
A Tree Mitigation Plan should be submitted with the certificate of zoning compliance
detailing all existing trees and methods of mitigation outlined by the City Arborist before any
trees are to be removed as set forth in UDC 11-3B-1OC.5.
v. Storm integration
Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage
swales should not be within the landscape setbacks along N. Linder Road.
2. Parking (UDC 11-3C):
i. Nonresidential parking analysis
UDC 11-3C-6 requires one space for every two thousand(2,000) sq. ft. of gross floor
area in industrial districts. The applicant has provided 27 parking spaces which exceeds
the UDC requirement. However,the applicant shall provide details for where customers
will park on the lot. This shall be separate from the vehicles for sale on the property.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -8-
ii. Bicycle parking analysis
A minimum of one(1)bicycle parking space must be provided for every 25 vehicle
spaces or portion thereof per UDC 11-3C-6G; bicycle parking facilities are required to
comply with the location and design standards listed in UDC 11-3C-5C. Bicycle parking
is not depicted in the plans and shall be included with the certificate of zoning
compliance application.
3. Building Elevations (Comp Plan, Architectural Standards Manual):
The applicant is proposing to keep the existing residence and convert it into the main office.
Since the building is proposed to remain, it is not subject to the architectural standards.
However, a tenant improvement permit will be required from the Meridian Building
Department to convert the residence into a commercial building.Additionally,the applicant
is proposing a future maintenance building that will be required to comply with the
architectural standards manual.
4. Fencing (UDC 11-3A-6, 11-3A-7):
The applicant is not proposing fencing with this application. However, staff recommends a 6-
foot tall privacy fence is installed and maintained on the north boundary to help buffer the
neighboring residential.
E. Transportation Analysis
1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4):
One(1)full driveway access exists to this site via Linder Rd.that is proposed to be
eliminated,and the applicant will share access with the property to the south through a cross-
access agreement.
The intent of the UDC(11-3A-3) is to improve safety by combining and/or limiting access
points to arterial streets to ensure motorists can safely enter all streets. Where local street
access is not available,the property owner is required to grant cross-access/ingress-egress
easements to adjoining non-residential properties. Although the use to the north is currently
residential, it's anticipated to change to a non-residential use at some point in the future. The
use to the south is commercial; as a provision of the development agreement, a cross-
access/ingress-egress easement was required to be provided to the subject property at the time
of future construction on the site and/or expansion of the existing parking lot,which has not
occurred.
In accord with UDC 11-3A-3, Staff recommends as a provision of the development
agreement, driveway stubs are constructed to the north and south property lines and a
cross-access/ingress-egress easement granted to the properties to the north(Parcel
#R3579000012) and south(Parcel#R3579000020)in an effort to combine and limit
access points to the arterial street(i.e.Linder Rd.). Copies of the recorded easements
should be submitted with the Certificate of Zoning Compliance application for the
proposed use.
While a fire truck turnaround is provided on-site,the applicant shall widen the cross-access
from the south to a 25-foot drive aisle. Additionally,the applicant shall work with our fire
department to ensure the turning radius for the entrance is sufficient. This will be analyzed
with the certificate of zoning compliance.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -9-
2. Sidewalk/Pathways (UDC 11-3A-5):
An attached 7-foot wide sidewalk was recently constructed along N. Linder Rd. along the
frontage of this site. The Pathways Plan designates a 10-foot wide detached multi-use
pathway in this area. Because the sidewalk was recently constructed, the Park's Dept. does
not recommend it's removed and a new pathway constructed in its place at this time. If a new
pathway is constructed in the future,there should be adequate room within the existing right-
of-way(11'+/-) for the pathway without dedication of a public use easement.
F. Services Analysis
1. Pressurized Irrigation(UDC 11-3A-I5):
Underground pressurized irrigation water is required to be provided to each lot within the
subdivision as set forth in UDC 11-3A-15.
2. Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in all developments in accord with the City's
adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City as set forth in UDC 11-3A-18.
3. Utilities (Comp Plan, UDC 11-3A-21):
Connection to City water and sewer services is required and are available to be extended by
the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G&
3.03.03F.Urban sewer and water infrastructure and curb, gutter, and sidewalks are required
to be provided with development.
III. CITY/AGENCY COMMENTS & CONDITIONS
A. Meridian Planning Division
1. A Development Agreement(DA)is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance,a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption, and the
developer. A final plat or certificate of zoning compliance shall not be submitted until
the DA and 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. The DA shall, at minimum, incorporate the following
provisions IF City Council determines annexation is in the best interest of the City:
A. Future development of this site shall be generally consistent with the concept plan,
landscape plan, and conceptual building elevations included in Section VIII and the
provisions contained herein.
B. No more than five (53)cars shall be displayed along N. Linder Road at any one
time. The vehicles shall not be displayed in front of the building.
C. In accord with UDC 11-3A-3,the applicant shall construct driveway stubs to the
north in the area between the future maintenance shop and narking area and to the
south pr-epefty line in alignment with the existing driveway from the abutting
roper ,-ad a-ad.. ----- ---ess/i gross egess ease ei4 gmn4ed to the pr-e,.eAies to the
neftl, (Par-eel#R3 5 70/10001 2) and south(Par-eel#R3570111111020)i an e f f .w to
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) - 10-
ri.bine.-ad lifnit, o peiftts t N Linder-Read. Copies of the recorded cross-
access/ingress-egress easements shall be submitted with the Certificate of Zoning
Compliance application for the proposed use.
D. The applicant shall install a 6-foot-tall privacy fence on the north property boundary
to help buffer the neighboring residential.
E. The existing structure is nonconforming with the 35-foot setback along N. Linder
Road. Any future expansion will require compliance with the I-L zoning regulation
per UDC 11-2C-3.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) - 11 -
B. Meridian Public Works
Wastewater
+ Dlstance to Sewer Available at Site
Services
+ Sewer Shed
+ EStirriatedProjed Seeappllcatlon
Sewer ERU's
+ WERF Nelining
flalarata3
+ Projied Consister;t Yes
with WW Master
Plan/Fadli F Plan
+ Impactsftoncerns
+ See Publ le Works Slte S cific Condltions
Water
+ DistancetoWamr Water Avall able atSite
Services
+ PressureLwe
EstimatedProjert Sae applleatlon
Watef ERU's
+ Water Quality None
+ Project Consistent Yes
with Water Master
Plan
ImpactVCDncems None-Ensure flo trees are located within 10'of the Water Mete
NON-PLAT CONDITIONS
Ptjwc-Woe Ks DrPA x-rm F.,%-r
5iie Specific Conditions of approval
_ If a WO l is luC ttH on the Site it must h alrpndomCd Per rc,4ulawry requirements And prwf of
abandonmcm rausl be pmvidcd to the City,
2, Ensure no sewer smices pass through infiltration Umbel,
3_ Provide H0'Easements For mains,hydrant laterals and waver services. E sernows shouild oxtond
up to the and of mftiivhy�=nCwater meter and l0'beyrmd it.
S_ No petmtanent s"eture5(trees,bushes,buildings,carports,trash receptacle walls, fences,
infiltration trenches,light pola3,ctc_)to bt:built within the utility c alst:mrntt.
General Conditions Dt Approval
I_ Applicant shall coordinate water and€.,wer main size and routing with the Public Works
Depanntum.
2_ PeT MeridiLm City Code(MCC),the app]i rant$Mall lee respnmsiM w in"I Sewc r r5nd water
mains to and through this dc;-clopn,cnt, Applicant may be eligible for a reimbursement
agreement for infr,PSSrLEcwrc cnhaneenlcnt Per NfCC 9-fi-5,
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) - 12-
3_ The applicant shall provide ea3wmern(s)for a]I public water/sewer mains outside of public nghl of
way.(include all water services and hydrants)_ Sewerfwater easement%laries depending on sower
depth.$elver U-20 ft drrp require a 30 ft-rwmcnL,20-25 ft a 44 ft rkw nor,and 25-30 Ik a 45 ft
casement. Ensure no pcTmmcrtt rATuctures(trees,Wsbcs,buildings,carports,trash macptncie
walls,fences,infiltration wenches,light poles,etc.)are built within[he utility casement, submit
an execrticd easement(on the form available front Public Works),a legal description pr4pa1vd by
an Idaho Licensed Professional Land S urveyar,which must include the area of the easer tCttl
(marked EXI:I l BIT A)and art 8112"x l 1"map wi Lh bunrings and distances(marked F%l'11 B IT 9)
for mview.BgLh exhibits must be waled,signed and dated by a Professional Land Survuyor.DO
NOT RECORD.
4_ The City of Meridian requires that pressurized irrigation systems be supplied by a year round
source of water{UDC I I-3 B-G).The applicant should be required to use any existing surkee or
well water for the primary source_ Ha surface or well source is trot available,a single-poieL
connectirm La the culinary water system shall be-required.I f a single-point mn"re6c t is 111;l i zrdl'
the developer mill be respoasiblc for the paymcnt ofasscsslnenis far the common areas prior to
prior toTecciving&velopmcnt plan approval.
5_ Any structures that are al lowed to remain shall be subject to evaluation and possible reassignmcm
of street addressing to be in eamphance w iih MCC-
6- Al l irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,inierseeting.
Cr05SinS OF baying udiuCenl And umLiguow to thr area being suWi%�&d shall be addw-q.vYi per
UDC I l-3A-i, In performing such work,the appl i cant shall corn plywith Idaho Codc42-1207
and any athGraMicab#c law i r wguiation,
7_ Any wells Thal will not continue to be used must be properly abandoned according to Id;dto Wall
Consirtwtion Standards Roles adminisiered by the Idaho Dopartmera of Water Resourory. 'N,
Developer's Engineer shall provide a stawrnimL addmminil wheLhtK them are any existing walls iri
Lhe develoPMOL,and if so,how they will continue Lo be used,cr pmNi4e record of their
abandonment.
$_ Any existing septic systetus within this project steal I be removed fronn service per City Oridinanoe
Section 9-1-4 and 9 4 8, Cxontact Central District Health for abandonment procedures and
insNab ms(208)375-5211.
9. All improvements irlawd to pub]ir life,Safety and health shall be wmplmted prior to orrup4=y
of the structums,
to. Applicant shall be required to pay Public Works developrn"I plan review,and construction
inspection tees_as detenu fined duriug the plan Teview process,prior to the issuance of a plan
approval ietter.
11_ It shalt be the responsibility of the applicant to ensure that all deNclopmenL fcatureS comply with
the AmonCAns with Dissbilitics ACL And Ow Fair Housr ng Art.
12, Applicant shall k responsiblc for appl ication anti]complianrc wiib any Section 404 Pcrmiui ng
that may be required by the Array Corps of Enginom.
13. Developer shall cooMinate tuailbox locations with the Meridian Pas[Ofiice_
14_ Cord paction test results shall be submitted to the Meridian Building DeWrdent for all building
pads receiving tnginecmd baxkfil I,where fonring would sit atop fill material_
l5_ The design engineer shall be required Lo certify that Lhe street centerline elevations we mat a
minimum of 3-feet above the highest established peak groundwater cleva6on. This is to c um
Mal the bottom elevation of the crawl spaces of homes,is at least 1-foot above_
Its. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project thal do not fall under the jurisdiction ofan irrigation digtic
qr AC'HD_The design ertgineershall pirn+ide eertificuliM that the facilities bavo been inslWled in
accordance with the appmwd design plans.This certification will be required before a wrtifreair
of occupancy is issued for any structures within the project,
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) - 13-
17_ At the earnplation of the project,the applicant;hall be risponsiblo to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and epprovod
prior to the ismancc oFa cereification of nrr:uppnry for any stnutur-s within the prpj-ta
18. A street light plan will need w be included in the civil cons Ilion plans.Start light plan
requirements are listed in section&5 of tht:improvement Standards for Street Lighting,A copy
of the standards can be fotmd al hup:lJwwtw_ttteridi rnctt .oigrpublic_works.asp7'
19_ The City of Meridian roquires that the owner post to the City a perfonnance surety in t[W aMount
of 1251Ya pf thr total mnstrurtion cost far all incomplete se-wor,wstor and reuse infhStructurc
prior to final phu si�,natun.This surety will be verified by a line item t7xt estimate pMViJUd by
the owner to the-City.The sttrcty can be posted in the faun of an i rrcvocabl a lcticr of cr%-di t,cash
deposit or bond.AppliMat Must file au application for surety,which can be found on tUc
Community Developuuem DNpanniem websitc. Plcasc contact Land Development Scr+'icc for
mare itiformation at SR7-221 1.
20_ The City of Meridian requires that the owncK ptxst to the City a warranty surety in the w nun r of
M of the total consttuciion cost for all completed scwcr,water and reuse infrastructure far
duration oftwo years.This surety will be verifcd by a line item cost estimate provided by the
oWaer to the City_The surety can be posted in the fomt of an irrevocable letter of credit,cash
deposit or band.Applicant must file an application for surety,which can be found 6n the
Community Development Department website. Please contact Land Development Service for
mim inkrmati0n at 887-221 1.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) - 14-
C. Ada County Highway District(ACHD)
ACHD1— lqil Fiy,PfSi,dOf,1
MIA^ }GJ+G.VKS�fS'Ay[I[
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kr,i[firtlir,a,pr,ia.nm�anr,
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Imo; Se;x.@ riber 27, 2
To: Nkh41d5 kin ker,vie Swna,l
Staff Contact:Fraral-eigh Troyer,Planner
PrbJOitt 113ttdriOtl6m Lihdar WPM Carr Pitotal d SaMS
This ir,an anrwxatim and regorm application forlhe ideveloprrrerlt of a 1,194 square
foot office space and 1,4n square foot automob4e mai ntenar ce strop on 0117-acres_
TpioGeneratewk TNS development is a Wnarted W rgenerale 24 veihICie tr4M per day.
3 vehi-elE trip W hour ir'I the PM In"k hour,baud oft 06 IrLuitutb of T�ar,tpo►t8t.or`
Engineers Trip Generation Manual,Wh vdil wi-
r_
Do area roadways nwet
•
■
IS Transmit AvaiLable'?
Comments The tables above list the emstlrlg condlttonsof the surrounding
roa4�+aYs wi#t+au#the Q*¢G �eweloo++�e►r#as rl,is apWisa#�on i€for�n++exat�n
and rezone only.with a hitur$developmenr.a pplrca,tomn.rhi5 summary wi II Ile
updated to ro&Kt the Oevokpivien(and its Irnpx#,
1V. conrpeaingj o J to Il "
A412C riryn,gr-ay rankT-TnEldArf%5crPm-Gv6x,Gq�f.lp-ErM-Pk,roR�lJhh.10-F}{3aFF'�553 sawk a[rd,tlro,sag
FINDINGS
A. Annexation and/or Rezone(UDC 11-511-3E)
Upon recommendation from the commission,the council shall make a full investigation and shall,
at the public hearing,review the application. In order to grant an annexation and/or rezone,the
council shall make the following findings:
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road-H-2024-0048) - 15-
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant's proposal to annex 1.0-acre of land with I-L zoning for
the development of a vehicle sales or rental service facility is consistent with the General
Industrial FL UM designation for this property. (See section V above for more information)
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment to I-L and conceptual development plan
generally complies with the purpose statement of the I-L district in that it will encourage
industrial uses that are clean, quiet and free of hazardous or objectionable elements and that
are operated entirely or almost entirely within enclosed structures and is accessible to an
arterial street(i.e. Linder Rd.).
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 the proposed industrial use should be conducted entirely within
a structure.
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 services are available to be provided to this development.
5. The annexation(as applicable)is in the best interest of city.
The City Council finds the proposed annexation is in the best interest of the City.
IV. ACTION
A. Staff:
Staff recommends approval of the proposed annexation with the requirement of a Development
Agreement.
B. Commission:
The Meridian Planning &Zoning Commission heard this item on December 5th, 2024. At
the public hearing, the Commission moved to recommend approval of the subject
Annexation request.
I. Summary of Commission public hearing_:
a. In favor: Nick Rinker and Matt Wilke
b. In opposition: None
c. Commenting None
d. Written testimony: None
e. Staff presenting application: Nick Napoli
f Other Staff commenting on application: Bill Parsons
2. Key issue(s) of public testimon:
a. None
3. Key issue(s) of discussion by Commission:
a. Cross access to the property to the north.
Creating a non-conforming structure with the approval of this application.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) - 16-
The amount of vehicles being displayed along Linder Road.
4. Commission change(s)to Staff recommendation:
a. None
5. Outstanding issue(s) for City Council:
a. The number of vehicles being displayed along Linder Road and cross-access to the
northern property. Staff has talked with the applicant and ITD about vehicle
display areas as ITD requires 5 spaces. Staff is proposinga hange to this DA
provision for your consideration. Additionally, the gpplicant would like to defer
cross-access until his property is redeveloped into a use separate from a vehicle
sales or rental and service center. Staff is proposing alternative language to allow
for the cross-access to be deferred until redevelopment of the subject property.
C. City Council:
The Meridian City Council heard this item on January 7th and 21', 2025. At the public
hearing,the Council moved to approve the subject annexation request.
1. Summary of the City Council public hearing:
a_. In favor:Nick Rinker and Matt Wilke
b. In opposition:None
c_. Commenting:Nick Rinker and Matt Wilke
d. Written testimony:None
e. Staff presenting application:Nick Napoli
f. Other Staff commenting on application: Bill Parsons
2. Key issue(s)of public testimony,
a. None
3. Key issue(s)of discussion by City Council:
a. Cross access to the property to the north. The council discussed the need for a
stub rather than an easement and where the best location for the cross access.
The council determined the best location for this would be at the rear of the
property between the maintenance shop and parking.
b. The council also briefly discusses the changes from 3 to 5 vehicle display areas.
4. City Council change(s)to Commission recommendation.
a. Council approved the change to provision B to change the amount of vehicles
able to be displayed along Linder Road from 3 to 5.
b• Additionally,_ Council approved a change to provision C requiring a stub street
between the maintenance shop and rear parking to the property to the north.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) - 17-
EXHIBITS
A. Project Area Maps
(link to Project Overview)
1. Aerial
V. Legend
Project Location
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) - 18-
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4. Planned Development Map
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Planned Parcels
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -20-
B. Subject Site Photos
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -21 -
C. Service Accessibility Report
Description
Location Within 1/2 mile of City Limits YELLOW
Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN
Floodplain Within 100 yrfloodplain & < z acres RED
Emergency Services Fire Response time < 5 min. GREEN
Emergency Services Police Meets response time goals most of the time GREEN
Pathways Within 1/4 mile of current pathways GREEN
Transit Within 1/4 mile of current transit route GREEN
Arterial Road Buildout Status Ultimate configuration (#of lanes in master street= GREEN
plan) matches existing # of lanes)
School Walking Proximity Within 1/2 mile walking GREEN
Either a High School or College within 2 miles OR a
Schaal Drivability Middle or Elementary School within 1 mile drivin.-. GREEN
(existing or future)
Park Walkability No park within walking distance by park t%:pe RED
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -22-
D. Site Plan (date: 11/4/2024)
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -23-
E. Annexation Legal Description &Exhibit Map
ELSE GE'ERIJ'S00IV LAND.SURVEYS,PLLC.
2251 Sumac Sfreet,Boise,Jdaho 83706 TpiWow(208)M6M ff&&@eo wys.mm
t7{,1cta8er 2p24
ELS Protect No.24OM-'
Lw+d Owraipuoa
EMMIT A
Lot 3 sf i1a"yf*r5 Acre Subdiv6w�vewidnd fat cr fi-e in Sc,1*20 of Plais aM Ptge 124 retard$OF Aaa County,Id®ho)
end a pgtgpi of N SE!A of SKdo l'.2,T.3 N.,R.10. B-M,MoMi2n Ada Calnly,Idaho:descrftd as follows:
:7 nmaraiN al a Jovid brass W rromwenl markrtd m 1W ammo of gala SW Y+of Section 12+mEncE 1n6Ulhert!ak rl9
fie weMra Ire 04 said Section S 04'"a1']' 'h'a dstance of i d 12 W..la fita PCAVT OF 9;GINNW1
Thanoa leavh9 Bald Hne 5 f39 ln2'E a distalm of 40.01 eet hs a found st@.ji omnwurneM4 the no ihrm 1
oorner of said Lul 2 an the Wg1?fh'r4g111s�Ina of Narlh air R0aa.
Thmxie lwsvir4 said rights--kyay Wcxmtratinp niorg 7teeOrp Oyrinedsaid Lar3 SW135Z Ea cis ranceaf
316,f feet to afoundmeetpiumommemkgIflenprftWcamorod said La;
Thanm southerly arwp pie e2d Iite of said La$W38'5Y W ad Uarre od 12O.W W k1 a fund deal On
mmumenorg ire&Vtm asl ranter of gad LOI;
T1VIIeE'W0nMF a1919 the?pUl}rgil!3rio of said Lot N W13'52.41'a dWanos of 316.62 feet ic-%o muf}trveat
Corner of said kx an the ta6f*NMs-of-wary itxa of mA Noah Linder RDad;
Thencereautitgsaid Itivts#a W13'6P"W a dWamdLOA7 feel to again^:�n II:e vraslady the ofSara ses'ibn 12:
Thengenprlhody gang said mltedy Ilnoaf SKbDn 12 N 30'31'M'E at di,lWnca of 12{}MU W.lono Ptl —OF
KKINING.
The abovm-dee+Tibsd tract gf rwg comi-is 42.8W square fegl mate or leas siNEd m pil eklsli l�easurnBnts and Aghlmf.
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -24-
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(330 N.Linder Road—H-2024-0048) -25-