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HomeMy WebLinkAboutCore and Main H-2024-0066 DA Ada County Recorder Trent Tripple 2025-037882 Boise,Idaho Pgs=45 vbailey 06/18/2025 08:14:29 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Core & Main LP, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 1 Oth 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 Core & Main LP, whose address is 1830 Craig Park Court, Maryland Heights, MO 63146, 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 have submitted an application for an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to change the future land use designation on 5.0 acres of land from Low-Density Employment(LDE)to Mixed Employment(M-E); and annexation and zoning of 5.0 acres 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 EVELOPMENT GREEMENT CO E&MAIN(H-2024-0066) PAGE 1 OF 7 1.7 WHEREAS, on the 13th day of May, 2025, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Core & Main LP, whose address is 1830 Craig Park Court, Maryland Heights, MO 63146, hereinafter called O"ER/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. DEVELOPMENT AGREEMENT-CoRE&MAIN(H-2024-0066) PAGE 2 of 7 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the concept plan, landscape plan, and conceptual building elevations included in Section VII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B" and the provisions contained herein. b. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of the development. c. The western entrance off of the future collector roadway shall be signed and used for truck traffic only. d. All existing structures shall be removed from the property within 90 days of the annexation approval. e. Comply with the architectural standards manual and Ten Mile Interchange Specific Area Plan (TMISAP). f. Construct the collector roadway on the north boundary in accordance with the street section Exhibit C as listed in the TMISAP on pages 3-10 or to Ada County Highway District's (ACHD) standards prior to certificate of occupancy for the building. A cross-street exhibit shall be submitted with the certificate of zoning compliance. 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 DEVELOPMENT AGREEMENT-CoRE&MA1N(H-2024-0066) PAGE 3 of 7 notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any parry hereto shall be brought within Ada County, Idaho. 7.5 Delay. hi 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 annexation and zoning 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. DEVELOPMENT AGREEMENT-CORE&MAIN(H-2024-0066) PAGE 4 of 7 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Core & Main LP 1830 Craig Park Court Maryland Heights, MO 63146 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 DEVELOPMENT AGREEMENT-CoRE&MAIN(H-2024-0066) PAGE 5 of 7 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: hi 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-CoRE&MAIN(H-2024-0066) PAGE 6 of 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Core& Main LP By(name): Steve Frei urg Its (title): Construction Project Manager State of ft ) ss: County of ) On this C7 day of i& Lc- 2025,before me,the undersigned,a Notary Publi-c in and fqr said State, personally appeared L, a c�(name),known or identified to me to be the -7,?/,&/-217S (title)of Core&Main LP and the person?Zo signed above and acknowledged to me that he executed the same. 1N WITNESS WHEREOF, I have hereunto set my han)ad ffixed my official seal the day and year in this certificate first above written. Chrim", orU Lynn N0*WPuM1V4ftAgS0W No srAT90FA#S$Ck* My mts Fires: CommissJenad 1orRNb County My Commission Expires:January 20,2021 ID#ZM17580 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk 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. Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT—CORE&MAIN(H-2024-0066) PAGE 7 OF 7 EXHIBIT A • I DA H O 9939 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Description for Annexation-City of Meridian November 26, 2024 The following Describes a Parcel of Land being a Portion of the Northeast 1/4 of the Northeast 1/4 of Section 16, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northeast Corner of Section 16, Township 3 North, Range 1 West, Boise Meridian; From which, the Southeast Corner of the Northeast 1/4 (East 1/4 Corner) of said Section 16 bears, South 00043'00" West, 2,657.20 feet; Thence along the Easterly line of said Section 16, South 00043'00"West, 1328.55 feet to the North 1/16 corner the POINT OF BEGINNING; Thence leaving said Easterly line and along the Southerly line of said Northeast 1/4 of the Northeast 1/4, North 89023'18" West, 494.31 feet; Thence leaving said Southerly line, North 00040'00" East, 384.50 feet; Thence, North 77028'00" East, 419.92 feet; Thence, South 89°1 T00" East, 85.90 feet to the Easterly line of said Section 16; Thence along said Easterly line, South 00043'00" West, 479.84 feet to the POINT OF BEGINNING. The above Described Parcel of Land contains 5.00 acres, more or less. 51 Page I of I W. Franklin Rd. S.9 S.10 5.16 S.15 S89'17'00"E cI 85.90' o N �� Za_00i 419' I I - Io N 1 p I pi I of M .` u? N N -q- I U�I m °ram° I Annexation Area o/I o o a w 5.00 Acres m K) r7'cn O 0 O0 I N l 0 Om o ) o z 1 1 I .. 1 N 1/16 S.16 N89'23'18"W 494.31' Point of � Beginning co 00 Legend Found Brass Cap Monument Q Found Aluminum Cap Monument 1 1 6 S.15 � Dimension Point g5�p��EN3H0 sG� S. ——— ——— Annexation Boundary Line I/�2(o/Z� o —— — Section Line a � Right—of—Way Line o— — — — — Parcel Line of RecordFiVCF OF ` ���= N Scale: 1"=100' Area of Dedicated Right—of—Way 0 25 50 100 200 P:\299 5. Black Cot Rd. 24-282\dwg\24_282 Annex—Exhibit.dwg 11/26/2024 12:52:59 PM I DAHO Exhibit Drawing for Jo 2 82 SURVEY o. 9939W EMER4LDST AnnexationAnneXatIO BOISE,IDAHO 83704 (208)846-8570 299 S. Black Cat Rd. sne i Na. GROUP, LLC A Portion of the NE1/4 of the NE1/4 of Section 16, Dwg. Date T.M., RAW., B.M., Ada County, Idaho. 11/26/2024 s89°17'00"e 85.9 n77,28 pp e 4A9 92 3 v o M �O O N O O Uf CD V m °O M O C 494.31 n89°23'18"w City of Meridian Annexatoin Description 11/26/2024 Scale: 1 inch= 65 feet File: Tract 1:5.0009 Acres(217839 Sq.Feet),Closure:n00.0000e 0.00 ft. (1/565399), Perimeter=1864 ft. 01 n89.2318w 494.31 02 n00.4000e 384.5 03 n77.2800e 419.92 04 s89.1700e 85.9 05 s00.4300w 479.84 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC�WEI�ty A ND DECISION &ORDER In the Matter of the Request for Comprehensive Plan Map Amendment to change the future land use designation on 5.0 acres of land from the Low-Density Employment to Mixed Employment and the Annexation of 5.0 acres of land from RUT in Ada County to the Light Industrial zoning district, by K2 Construction. Case No(s). H-2024-0066 For the City Council Hearing Date of: May 6",2025 (Findings on May 13",2025) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 6", 2025,incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 61, 2025,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 6', 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 13', 2025,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 61, 2025, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation and a comprehensive plan map amendement is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 6t'', 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 § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may, within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of May 6`h, 2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) By action of the City Council at its regular meeting held on the 13 day of May 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 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) ADU Mayor Robert E.Simi on 5-13-2025 Attest: p R117IAN4�- � SF,AL Chris John n 5-13-2025 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: / a� '! _ Dated: 5-13-2025 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) COMMUNITY DEVELOPMENT {L%WE IDIAN DEPARTMENT REPORT IDAH HEARING 5/6/2025 Legend ®®� 1 0 DATE: Project Location TO: Mayor&City Council Area of Impact ®' OAnalysis °� � FROM: Nick Napoli,Associate Planner 6 ' 208-884-5533 nnapoli@meridiancity.org APPLICANT: Becky Moose SUBJECT: H-2024-0066 Core and Main LOCATION: Located at 299 S. Black Cat Road in the NE 1/4 of the NE 1/4 of Section 16, Township 3N,Range 1 W. I. PROJECT OVERVIEW A. Summary Comprehensive Plan Map Amendment to change the future land use designation on 5.0 acres of land from the Low-Density Employment to Mixed Employment and the Annexation of 5.0 acres of land from RUT in Ada County to the Light Industrial zoning district. B. Issues/Waivers Mixed Employment(M-E)and Low-Density Employment(LDE)designations are limited along the Black Cat and Franklin corridors. Currently,I-L zoning comprises 40.01% (38.1 acres of 95.1 acres)of the LDE FLUM designation and 55.24% (83.7 acres of 151.5 acres)of the M-E FLUM designation.These designations are intended to support a mix of employment uses and services,providing a transition between the residential east of Black Cat and industrial areas further west. The continued expansion of I-L zoning within these FLUM designations may reduce employment diversity,create additional truck traffic,and disrupt the intended transition. Staff acknowledges that this project extends the approval of Black Cat Industrial to the south;however,unlike that project,this one did not necessitate a traffic impact study. Moreover,improvements tied to Black Cat Road won't be required until Black Cat Industrial reaches 960,000 square feet of occupied buildings(it's currently at approximately 560,000 square feet).Although this 5-acre proposal may have a limited effect,any additional I-L zoning expansion in these areas should be carefully evaluated by the Planning and Zoning Commission and City Council. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) C. Recommendation Staff: Approval with a development agreement. Commission: Approval with no changes to the staff report. D. Decision Council: Approved with no changes to the staff report. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential - Proposed Land Use(s) Industrial - Existing Zoning RUT in Ada County VII.A.2 Proposed Zoning Light Industrial Adopted FLUM Designation Low Density Employment Proposed FLUM Designation Mixed Employment Table 2: Process Facts Description Details Preapplication Meeting date 11/5/2024 Neighborhood Meeting 11/13/2024 Site posting date 4/25/2025 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District IV.D • Comments Received Yes - • Commission Action No - Required • Access Via a new collector on the north portion of the site - from Black Cat Road. • Traffic Level of Service Black Cat: Better than"E" - Meridian Public Works IV.B Wastewater • Distance to Mainline Available at site • Impacts or Concerns See Comments in Section IV. Meridian Public Works Water IV.B • Distance to Mainline Water available at site • Impacts or Concerns See Comments in Section IV. Note: See section IV. City/Agency Comments &Conditions for comments received or see public record. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:S1216110054 Date Retrieved:2025/1/13 Parcel Count Parcel Acreage Infill Indicator: 313 1,335 Surrounding Area 63% Nor city 46 0 ® City Limits 1,211 788.3 ■ Not City Household Change Household& Population Growth 6 , Households 02020 Population Change:50.3% Population ■Growth (Household and Population Change since 2010 Decennial) 2,000 4,000 6,000 8,000 Use Types Residential Addresses All Addresses ■ Single-family 59% 58% 2% Multi-family 43 40 ® Commercial Notes: See Error! Reference source not found..Error! Reference source not found.. Figure 2: ACHD Summary Metrics 0 Black Cat Existing Lanes © Planned Lanes Existing Level of Service Notable ACHD Comments a (Primary roadway impact) Programmed IFYP Programmed CIP Notes: See Error! Reference source not found..Error! Reference source not found.. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) Figure 3: Service Impact Summary Ready � O O 40- Marginal Caution 5 O°tea °°\ 0 hr j Q Notes: See Error!Reference source not found..Error!Reference source not found.. III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The subject property falls within the Ten Mile Interchange Specific Area Plan(TMISAP). The adopted Comprehensive Plan designates 299 S. Black Cat Road as Low-Density Employment. The Low Density Employment designation is defined by the TMISAP as low-rise office and specialized employment areas.LDE areas should provide a variety of flexible sites for professional offices and similar businesses.Low Density Employment areas should be designed with elements of Traditional Neighborhood Design.Design and development standards such as landscaping,pedestrian circulation and connection to open spaces, are recommended to help make developments more attractive, engaging and accessible places.Appropriate land uses include corporate and business offices as well as research facilities and laboratories. The Mixed-Employment designation is described by the TMISAP as an area 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.Mixed Employment 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.Mixed density employment will accommodate a wide variety of employers and serve as a primary gateway to Meridian and Meridian's prosperity. The applicant requests an amendment to the comprehensive plan to redesignate the subject property as Mixed Employment(M-E) and annex it with Light Industrial(I-L) zoning. According to the applicant's narrative,this change aligns with the TMISAP, as light industrial is an allowed use within the M-E designation,though mixed employment is the preferred zone, I-L is allowed. The applicant also notes that this request would serve as a continuation of the previously approved Black Cat Business Center(H-2021-0064) to the south.Under the Unified Development Code,the proposed use is defined as a contractor's yard. The concept plan proposes a single 19,000-square-foot building, with 14,492 square feet designated as warehouse space and 4,508 square feet as office space. The remaining site would be used for a contractor's yard and outdoor storage. In addition,the applicant has indicated that the number of employees at this site is approximately eighteen(18), with ten(10)trucks entering the site on a given day. This would be Core and Mains' second location in Meridian as their business continues to grow. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) However,staff notes that Mixed Employment(M-E)and Low-Density Employment(LDE) designations are limited along the Black Cat and Franklin corridors. Currently,I-L zoning comprises 40.01% (38.1 acres of 95.1 acres)of the LDE FLUM designation and 55.24% (83.7 acres of 151.5 acres)of the M-E FLUM designation.These designations are intended to support a mix of employment uses and services,providing a transition between the residential east of Black Cat and industrial areas further west. Staff is concerned that continued expansion of I-L zoning within these FLUM designations may reduce employment diversity,create additional truck traffic,and disrupt the intended transition.While this specific 5-acre request may have a minimal impact,further expansion of I-L zoning in these areas should be carefully evaluated by the Planning and Zoning Commission and City Council. Comprehensive Plan Policies Envisioned in this Area: • Focus on developing industries that exceed the living wage, such as technology,healthcare and other similar industries. (2.06.01E) While this use does not provide a significant amount of employment, the applicant will be providing additional jobs that will provide opportunities that will pay a living wage for residents. • Evaluate development proposals based on consistency with the vision as well as physical, social, economic, environmental, and aesthetic criteria. (3.01.01D) The proposed development does not meet all of the intended goals of the TMISAP, however, the applicant has worked with staff to substantially change their design to better integrate with the plan's intentions. • Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits. (4.05.03B) The subject property is eligible for annexation and has city limits on two (2) of its four sides. Currently, this property is vacant and by redeveloping it will provide opportunities for properties to the north and west to develop. • Ensure that regulations and plans support and encourage desired development and land use patterns within the Area of City Impact. (3.01.01C)Based on feedback from stakeholders, the desired land use for this area is primarily industrial as Meridian has very little vacancy and is a desirable location for industrial users. Table 4: Project Overview Description Details History N/A Physical Features Rosenlof Drain on the Southern Boundary Acreage 5.0 acres Percentage of I-L zoning in Low 40.01% Density Employment FLUM Percentage of I-L zoning in 55.24% Mixed Employment FLUM B. History Although this property has no prior development history,the adjacent properties to the south provide relevant context for its redevelopment. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) In 2021,the City approved the annexation of approximately 129.21 acres under the Black Cat Industrial project,designating the area as Mixed Employment(M-E) and Low-Density Employment(LDE) within the Future Land Use Map(FLUM) and zoning it as Light Industrial (I-L). The City Council determined that the industrial center aligned with the goals of the TMISAP. However,that approval covered a significantly larger area compared to this 5-acre request. Extending I-L zoning onto this parcel may further erode the planned low-density employment transition between the residential areas east of Black Cat Road and the General Industrial FLUM designation located approximately a half a mile west along Franklin Road. This shift may impact the balance of employment uses envisioned in the comprehensive plan and TMISAP. C. Site Development and Use Analysis The Applicant proposes an amendment to the FLUM to change the existing low-density employment designation to mixed employment. The Mixed Employment areas 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. While the I-L zone is not the preferred zone in the Mixed Employment designation,it can be an appropriate zone if the applicant can demonstrate the use of the property minimizes the impacts to surrounding properties and meets the intent of the TMISAP. In conversations,between staff and the applicant,it was determined this use would be relatively low impact and additional design changes were incorporated into the concept plan to ensure the site meets the intent of the M-E designation. 1. Existing Structures/Site Improvements (UDC 11-1): If annexed,the two existing residential structures will be removed, and the well and septic system abandoned in accord with the UDC. 2. Proposed Use Analysis (UDC 11-2): The applicant is requesting a modification to the Comprehensive Plan FLUM designation from Low-Density Employment to Mixed Employment and seeks annexation with Light Industrial(I-L) zoning.According to the applicant's narrative,the property would be developed as a new facility for Core and Main,including office and warehousing with an outdoor contractor's yard. The proposed hours of operation are Monday through Friday, from 7:00 AM to 5:00 PM, with approximately 18 employees on-site. Currently,the Low-Density Employment designation does not permit Light Industrial uses such as those proposed. However,a change to the Mixed Employment designation would allow development under the I-L zone.While the preferred zoning in the Mixed Employment FLUM designation is the M-E zoning district, alternative zones may be considered when they align with the plan's vision and integrate with surrounding properties.The applicant asserts that the I-L zone is compatible with adjacent properties to the south. Staff concurs, noting that the proposed use aligns with prior approvals in the area and would contribute to the expansion of Light Industrial space along the Black Cat corridor.Additionally, while the proposed use does not provide a large amount of employment,it is providing employment and a relatively low impact use in the area. 3. Dimensional Standards (UDC 11-2): The I-L zoning district requires a 35' street setback, 20' landscape buffer along collector streets,25' wide buffer along arterial streets, and allows height up to 50'. The concept plan FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) and elevations submitted appear to meet these requirements. The updated plans with the submittal of the Certificate of Zoning Compliance and Design Review shall be in compliance with UDC 11-2C-3. 4. Specific Use Standards (UDC 11-4-3): UDC 11-4-3-8: Contractors Yard A. All structures or outdoor storage areas shall be located a minimum of one hundred(100) feet from any residential district. The proposed contractor's yard is located further than 100 feet from any residential district. B. Outdoor storage areas shall comply with Section 11-3A-14, "outdoor storage as an accessory use", of this title. The applicant is proposing the outdoor storage to be screened from the public right of way and will have a designated area on the site for it. The applicant has proposed an eight(8)foot fence to enclose the entire contractor's yard with additional landscaping to help screen the yard. The applicant has worked with staff to enhance the fence material and will provide finer landscaping details with the certificate of zoning compliance submittal. C. The site shall not be used as a junkyard or vehicle wrecking yard as herein defined. The applicant understands and will comply with this standard. Design Standards Analysis 5. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19): UDC 11-3A-19 and Comprehensive Plan Goal 5.01.02D emphasize the significance of building frontages along public streets and/or public spaces. The applicant proposes to comply with the requirement by providing a minimum of 30%building frontage along Black Cat Road.Additionally,by having the building frontage along Black Cat Road,the applicant has helped screen the contractor's yard and outdoor storage from view along the arterial street. The applicant complies with these standards. 6. Landscaping(UDC 11-3B): i. Landscape buffers along streets A 20-foot wide landscape buffer is required adjacent to the future collector on the northern portion of the site, and a 25-foot wide buffer is required adjacent to arterial streets (S. Black Cat Rd.).The proposed landscaping along the future collector does not appear to meet the requirements for a 20-foot buffer as the fence should be stepped back to allow for adequate pathway landscaping(see analysis in subsection v).Additionally, staff is recommending additional trees in the southern portion of the buffer along Black Cat Road to provide additional screening. These buffers shall be landscaped per the standards in UDC 11-3B-7C.Additionally,the drainage ditch along Black Cat Road shall be piped in compliance with UDC 11-3B-6.Landscaping requirements will be analyzed with the Certificate of Zoning Compliance. ii. Parking lot landscaping Landscaping is required to be provided along all parking areas per the standards listed in UDC 11-3B-8. The requirements include 5 ft.perimeter adjacent to streets and islands of at least 50 sq.ft.per every 12 parking spaces. These requirements will be analyzed with the Certificate of Zoning Compliance. iii. Tree preservation FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) 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 11-313-10C.5. iv. 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 buffers along S. Black Cat Road. v. Pathway landscaping The proposed pathways along S. Black Cat Road appear to include five(5) feet of landscaping on both sides,meeting UDC requirements. However,the south side of the ten(10) foot multi-use pathway along the northern collector does not appear to have the required five(5) feet of landscaping. To comply with the TMISAP's street section requirements,ten(10) feet of landscaping is required south of the pathway. Given that the TMISAP includes on-street bike lanes, which is not the standard when ten(10) foot multi-use pathways are present, staff has determined that if trees are placed within the eight(8) foot parkway,the applicant may reduce the landscaping on the south side of the multi-use pathway to five(5) feet. However,if trees are not provided in the parkway,the full ten(10)feet of landscaping must be included, as specified in the TMISAP(page 3-20, street section Q. These requirements will be reviewed during the Certificate of Zoning Compliance process and must comply with UDC 11-313-12. 7. Parking(UDC 11-3C): i. Nonresidential parking analysis In Industrial districts,the requirement shall be one(1) space for every 2,000 square feet of gross floor area.With the proposed I-L zone and building square footage of 19,000 square feet,ten(10)parking stalls are required. The applicant is providing 24 spaces which exceeds the UDC requirements. The applicant has indicated that no more than 18 employees will be present at any one time, which will leave roughly six(6)parking stalls for customers. 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. 8. Building Elevations (Comp Plan,Architectural Standards Manual): Comprehensive Plan Goals 5.01.02C and 2.09.03A prioritize area beautification and community identity by promoting enhanced design standards that result in distinct and engaging developments. The Architectural Standards Manual(ASM) and TMISAP require surface plane modulation at intervals of no more than 50 feet,the inclusion of at least two pedestrian-scale architectural features,and a combination of at least two primary field materials and one accent material. The applicant proposes a large, one-story industrial building designed with higher ceilings and upper windows to create the appearance of a two-story structure. The exterior materials include Granitstone, Optimo metal panels, and stone veneer, with moderate to large setbacks from the street.While the primary entrances are oriented inward toward the collector street to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) the north,the proposed frontages do not meet the ASM's 30% fenestration requirement along public streets. The applicant has been highly receptive to staff feedback and has worked collaboratively to refine the building elevations to better align with architectural standards. In response,the applicant has adjusted the building's orientation and incorporated additional materials, fenestration,and modulation. Staff is also exploring fenestration alternatives with the applicant that may be addressed through a design standard exception during the design review application.Final elevations will be evaluated during the design review process to ensure compliance with industrial design standards. 9. Fencing(UDC 11-3A-6, 11-3A-7): Outdoor storage and contractor's yards require closed vision fencing when visible from public right of way.With the extension of the collector along the north boundary and the Rosenlof canal on the south boundary,the entirety of the yard will be visible and will require an 8-foot closed vision fence around the entirety of the outdoor storage. D. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-311-4): Goal 6.01.02B of the Comprehensive Plan prioritizes reducing access points on arterial streets through strategies such as cross-access agreements, access management, and the development of frontage and backage roads.Additionally,it emphasizes improved connectivity between local and collector streets. Access to the site is proposed from a future collector street along the northern portion of the property.The applicant is responsible for extending this collector road as outlined in ACHD's Master Street Map.AC14D found that the proposed development meets all of ACHD's policies. Table: Road Infrastructure and Developments Along the Black Cat/Franklin Corridor Category Details Existing and Planned Road Infrastructure W.Franklin Road Existing: 2 lanes, no curb, gutter, or sidewalk. Planned: Widen to 5 lanes between W. McDermott Rd and S. Black Cat Rd after 2028. S. Black Cat Road Existing: 2 lanes, no curb, gutter, or sidewalk. Planned: Widen to 5 lanes between W. Overland Rd and W.Franklin Rd, 2036- 2040. Franklin&McDermott Intersection Planned: Multi-lane roundabout, construction scheduled after 2027. W.Franklin Road Connection Planned: Future connection to SH-16 via a signalized intersection. Planned &Approved Developments Full Impacts of these projects are yet to be Impacting the Corridor realized. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) Black Cat Industrial(H-2021-0064) 2.2 million sq ft of industrial space to the south. Farmstone(H-2023-0045) 378,360 sq ft of commercial and industrial uses across Black Cat Road. Avani Subdivision(H-2023-0049) 256 residential lots to the northeast. Vanguard Village 552 dwelling units. Braya Subdivision 330 single-family lots and 240 apartment units. District at Ten Mile Large mixed-use development(commercial, industrial,residential)impacting area roadways. Development Conditions Some projects are restricted from further buildout until key road improvements are completed. Traffic Impact/Construction of Collector from Proposed Use: The applicant anticipates approximately 18 employees on-site daily,with around 10 semi- trucks entering and exiting the property each day.To align with UDC 11-3A-3, which seeks to limit access points to collector and arterial roadways, staff recommends restricting the western access off the future collector street to truck traffic only.Additionally, a traffic impact study was not required as the size of the development is relatively small and is not anticipated to account for significant traffic counts. Additionally,the applicant is required to construct the future collector road along the northern portion of the site in accordance with the TMISAP Street Section C exhibit.If trees are planted within the eight(8)foot parkway,the applicant may reduce the landscaping on the south side of the ten(10)foot multi-use pathway to five(5) feet. However,if trees are not placed in the parkway,the full ten(10) feet of landscaping must be provided, as outlined in TMISAP(page 3-20, Street Section Q. 2. Pathways and Sidewalks (UDC 11-3A-5, UDC 11-3A-17): The applicant is proposing to construct a 10-foot multi-use pathway along the south side of the future collector and along S. Black Cat Road. This is consistent with the UDC standards and the city's pathway master plan for this area. However,the applicant shall also construct the portion of the 10-foot multi-use pathway on the north side of the future collector that falls on their property (near the collector and Black Cat intersection). This shall be shown on the certificate of zoning compliance submittal. E. Services Analysis 1. Waterways (Comp Plan, UDC 11-3A-6): The Rosenlof Drain runs along the southern boundary of the site. The applicant is proposing to leave the drain open as they will not be impeding access to the irrigation canal. 2. Pressurized Irrigation(UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to each lot within the development as set forth in UDC 11-3A-15. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) 3. 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. 4. 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. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 15 days prior-to the eity eouneil meeting,provide a revised eoneept plan with the following re�isietZs: Depiet the portion of the 10 foot multi use pathway on the north side of the Mture eolleetor-that falls on the property (near the eolleetor-and Blaek Cat inter-seetion). if trees are provided inside the eight(8) foot par-lkway along the nor-ther-ft eolleetor-, appheant may r-eduee the landseaping on the south side of the ten(40)ffitilti pathway to five (5) feet.However,if the trees are not provided in the eight(8) foot Provide a feneing detail of the proposed eight(8) foot fenee. Provide trees that totiek matur-ity along the Blaelk Cat landseape buffer-south of the building to aid in ser-eening the eontr-aetor-'s yar-d. Prior to approval of the annexation ordinance,the 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 certificate of zoning compliance shall not be submitted until the DA and Ordinance is approved by City Council. a. Future development of this site shall be generally consistent with the concept plan, landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of the development. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) c. The western entrance off of the future collector roadway shall be signed and used for truck traffic only. d. All existing structures shall be removed from the property within 90 days of the annexation approval. e. Comply with the architectural standards manual and TMISAP. f. Construct the collector roadway on the north boundary in accordance with the street section exhibit C as listed in the TMISAP page 3-10 or to ACHD's standards prior to certificate of occupancy for the building.A cross-street exhibit shall be submitted with the certificate of zoning compliance. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) B. Meridian Public Works Wastewater • Distance to Sewer Available at Site services • Sower Shed • Estimated Project See application Sewer ERU's • WRRI Declining Balance • Project Consistent Yes with WW Master Plan/facility Plan • Impacts/concerm See Public Works Site Specific Conditions water • Distance to Water Water Available at Site Services • Pressure Zone • Estimated Project See application Water ERU's • Water Quality None • Project Consistent Yes with Water Master Plan • impacts/Concerns See Public Works Site Specific Conditions NON-PLAT CONDITIONS Puet.tc WoKtcs Da•%K i H►.i Site Specific Conditions of Approval I. If a W ell is loew d on the site it must be abandoned per regulatory requirements and proof of abandonment must be provided to the City. 2. %ewer acccsc to the west is not mquiral.If there arc no future expansion plans in that direction,the end-of-lint sewer must be installed at a 0.6(r/o slope. 3. The water main along the north boundary needs to be twelve-inch. 4. Water maim must have a casing when crossing irrigation areas with seasonal attars r¢stnctions.Vither provide a casing or demonstrate that the City will have year-round acaxss. 5. Fire hydrants and water services outside of the ROW or the public utility casement along the mad require a 20'casement up to and 5'beyond the hydrant/mctcr. 6. If hydrants or water services arc inside the ROW or public utility casement,ensure no trots or permanent structures arc within 5'of fire hydrants/merer. 7. Ensure no permanent structures(trots,bushes,buildings,carports,trash rcccptacic walls,fences, infiltration trenches,light poles,etc.)arc built within the utility casement Applicant still responsible to meet all landscaping requirement and should eoordinatc with their planner. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) G eral Conditions of Approval I. Applicant shall coordinate water and sewer main size and routing with the Public Works Department. 2. Pcr Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC R-6-5. 3. The applicant shall provide cascment(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). Scwcrlwater casement varies depending on sewer depth.Sewer 0-20 ft deep require a 30 ft casement,20-25 ft a 40 ft casement,and 25-30 ft a 45 ft casement. Ensure no permanent structures(trots,bushes,buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,ctc.)arc built within the utility casement. Submit an executed casement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Lind Surveyor,which must include the area of the casement (marked EXHIBIT A)and an HI/2-x I I"map with hearings and distances(marked EXHIBIT B) for review.Both exhibits must be scaled,signed and dated by a Professional Land Surveyor.DO NOT RECORD. 4. The City of Meridian rcquires that pressurized irrigation systems be supplied by a year-round source of water(I1I)C 1 1-3B-6).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a singlc-point connection to the culinary water system shall be required.If a singlc-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. Any structures that arc allowed to remain shall be subject to evaluation and possible reassignment of stroct addressing to he in compliance with MCC. 6. All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting, crootsing or laying adjacent and contiguous to the area being subdivided shall be addressed per IIDC 11-3A-6. In performing such work the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Rmurccs. The M-%-cloper's Engirmccr shall provide a statement addressing whether there arc any existing wells in the development,and ifso,how they will continue to be used,or provide record ofthcir abandonment. R. Any existing septic systems within this project shall be removed from service per City Ordiaaooc Section 9-1 4 and 9 4 R. Contact Central District Health for abandonment procedures atsd inspoctiom(208)375-5211. 9. All improvcmcnts related to public life,safety and health shall be completed prior to occupancy of the structures. 10. Applicant shall be required to pay Public Works dcvrlopmcnt plan review,and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. [I. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Applicant shall be responsible for application and compliance with any Section 401 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engincetod backfill,where footing would sit atop fill material. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) 15. The design engineer shall be required to certify that the street centerline elevations arc sct a minimum of 3-feet above the hig)tcst cstablished peak groundwater cicvation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall he responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall he responsible to submit record drawings per the City of Meridian AutoCAD standards. Thcsc record drawings must he received and approved prior to the issuance of a certification of occupancy for any structures within the project 19. A street light plan will need to be included in the civil construction plans.Street light plan roquiremcnts arc listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can he found at http://www.meridiancity.org/public works.aspx?id 272. 19. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signawc.This surety will be verified by a line item cost estimate provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department wcbsite. Please contact Land Development Service for more information at 887-221 1. 20.The City of Meridian requires that the owner". to the City a warranty surety in the amount of 20'/.of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years.This surety will be verified by a line item cost estimate provided by the owner to the City-The surety can be posted in the form of an irrevocable letter of credit cash deposit or bond.Applicant must file an application for surety,which can he found on the Community Development Department wcbsitc. Please contact land Development Service for more information at 887-2211. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) C. Nampa &Meridian Irrigation District �a �r 'fl VU-4.'au 7augc1,rC" z%4&ea 15-3 ttAyt 51vul w.ti MAMA VAtrU K.W1 405 FAX*Z8 4630ov7 rvW,orp OPKE tttsnpo M94"?"I t fto► ttv,po a.asaua Ftt�Fwry:!.:o., City(krk't Ohike City of Aleridian ))P..hFttadwiq Avcm,c. Mendaan,IP A16t..;b 10 RF.: 11.2624-0(IW 2"S Black Cat Rd:Core&Main To RhYn It%U%Concern \snips&Meridian ItnralK,n DISVict I VMID)rcquirn a rtkd Iand t w.•l'Aanxi;Applwstwa to review poor to final plating. All pntatc Werah and yam vAla MMILbc prtigmtcd the Di4mt.Rmiralof Drain cotww i through the wash pwpert)line of sit ptogMty. 7U D,Aricta cawment(oF the kotcnlol Dram at tht,k%an.o tf a minimum of w%voty fW(V)total. thirt) fm()Ql n&V avid fcm (cvt(40') kh. kxtking b,wn,trcam to the%cct Ibis cafcment must he protected. Any rafrtwhnaeal wlthwt a ugacd Uccare Alrcrmrst snd ■ppno ctl plan lr ran conftruction if anocceptshif. All m rtwipul wfaue drainage mtut be FEVned tm aAr. If an)atunkq%d,-.il—d•, ,nvr Ica,c,the arb.N%tll)must review dramape plans.D c%tlopa ni"oorapl)with Idafx,c ttic'4 1.11 W PICAW Ice fne to corttW me for further mfonnalkm. 5trwcrcl), Stew Pardcw D6%ckVm,cwt Cttnitntlor damps A Meridian Irr4ltitat DiMict 1P itxrl Cc: l)fftnd lik D.Dhnall A.%Ak Applicant - 1. AMWOwAAM aacArl AM mtrrtownvtrc )).cnD low P1101(a ecoft ADM FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) D. Ada County Highway District(ACHD) "W ar-e.UK o.«tewr ACHD �:ciwo ADatr7aa Nax•nr\Civrmmrbn•r Date February 21',202S To Becky Moose Staff Contact Matt Pak Planner Project Description Core&Main Trip Generation This development is estimated to generate 74 vehICle trips per day, 9vehicle tripper hour-n the PM peak hour,based on the Institute of Transportation Engineers Trip Generation Manual,11"edition ACHD Policies 11111111111V!ffZT71 ACHD Planned •. ACHUS LOS is Transit Available'? Comments •The tables above list the existing condnpons of the surrounding roadways without the proposed development as this applicatwn is for annexation and rezone only.With a future development application,this summary will be updated to reflect the development and its impact. connecting you to more Ma Cdnry Hgr ay DmKr.TM Manic Stta•t-Ca"@n Gry.ID-a3'7n4-DN 2W 307-6W-GX$4&76W•wowaarOwMm q V. FINDINGS A. Annexation(UDC 11-5B-3E) Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Based on previous approvals, the Commission finds the proposed development is consistent with the TMISAP designation of Mixed Employment and the proposed development will be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) consistent with the previous approval of the Black Cat Industrial Business Complex on the property to the south. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that while the proposed map amendment to I-L zoning is not the preferred zoning in the Mixed-Employment area, it aligns with the existing zoning to the south and the intended use of the site supports the purpose statement of the I-L zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; This application proposes to annex 5.0 acres of property with the I-L zoning district to allow for a small employment and low impact user to expand its operation in the city. The Council finds the proposed development will not be detrimental to the public health, safety, and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. The Council finds the proposed annexation and zone of I-L to be in the best interest of the city due to previous approvals for the property to the south and providing employment through a low impact user. B. Comprehensive Plan(UDC 11-5B-7D) 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 a amendment to the Comprehensive Plan,the Council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the comprehensive plan. The Council finds the proposed amendment to M-E is consistent with the Comprehensive Plan in that the proposed development will provide employment and help with a transition from light industrial to residential as this use is relatively low impact on the overall area. 2. The proposed amendment provides an improved guide to future growth and development of the city. The Council finds that the proposal to change the FLUM designation from Low Density Employment to Mixed Employment will allow for an extension of the approval on the development to south of this property and provide a low impact employment use. 3. The proposed amendment is internally consistent with the goals, objectives and policies of the Comprehensive Plan. The Council finds that the proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan as noted in Section III. 4. The proposed amendment is consistent with this Unified Development Code. The Council finds that the proposed amendment is consistent with the Unified Development Code. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) 5. The amendment will be compatible with existing and planned surrounding land uses. The Council finds the proposed amendment will be compatible with existing industrial to the south and due to the low volume of truck traffic will provide an adequate transition to the residential across S. Black Cat Road. 6. The proposed amendment will not burden existing and planned service capabilities. The Council finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are currently available to this site.ACHD has determined the traffic along S. Black Cat Road and W. Franklin Road will have sufficient capacity to allow for the addition of this use in the area. 7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Council finds the proposed map amendment provides a logical juxtaposition of uses and sufficient area to mitigate any development impacts to adjacent properties 8. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Section III and the subject findings above, The Council finds that the proposed amendment is in the best interest of the City. VI. ACTION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map and Annexation per the provisions in Section IV in accord with the Findings in Section V. B. Commission: The Meridian Planning&Zoning Commission heard these items on March 20', 2025.At the public hearing,the Commission moved to recommend approval of the subject Comprehensive Plan Map Amendment and Annexation requests. I. Summary of Commission public hearing_ a. In favor: Becky Moose, Glenn Walker,Dave Heupel,Melanie Anderson b. In opposition: Cheryl Whiting-Storrs, Greg Storrs, Keith Whiting, Colton Storrs. C. Commenting Becky Moose, Glenn Walker,Dave Heupel,Melanie Anderson, Chem Whiting-Storrs, Greg Storrs, Keith Whiting, Colton Storrs. d. Written testimony: None e. Staff presenting application: Nick Napoli f. Other Staff commenting on application: Kurt Starman 2. Key issue(s)of public testimony A. Cheryl,Greg, Keith, and Colton all had concerns with the proximity of this industrial use next to the existing residential to the north in Ada County and with the new residential subdivisions being built on the east side of Black Cat Road. In addition,they have concerns that allowing this change from Low-Density Employment to Mixed Employment will erode the planned transition envisioned with the TMISAP and Comprehensive Plan. 3. Key issue(s)of discussion by Commission: a. The Commission discussed the planned transition from residential to industrial users and deemed that Core and Mains recommendation for approval was consistent with the approval of the Black Cat Industrial Park to the south and that it is a relatively low- impact user. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) 4. Commission changes) to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. Determining if the change from Low-Density Employment to Mixed-Employment to allow for an Industrial user is appropriate considering the planned transition in this area. C. City Council: The Meridian City Council heard these items on May 6', 2025.At the public hearing,the Council moved to approve the subject Annexation and Comprehensive Plan Map Amendment requests. 1. Summary of the City Council public hearing a. In favor: Becky Moose, Glenn Walker,Dave Heupel b. In opposition: None - Commenting: Becky Moose; Glenn Walker;Dave Hein d. Written testimony: None e. Staff presenting application: Nick Napoli f. Other Staff commenting on application: None 2 Key_ issue(s)of public testimony: a. None 3- Key issue(s)of discussion by City Council: a, The amount of industrial space in the city and whether it is adequate or not. The council all agreed that industrial space is something that the city does not have enough of. The council also asked about the sound study that was conducted and we satisfied with the standardized nature of it. 4. City Council change(s)to Commission recommendation: a. None FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) VII. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial AF11Fr Legend a as asa °�a Project Location eeeeatrge�1 ae aG��7 Area of Impact �•- O +Analysis LQ ".._. rai�4'e arm eases6s oa�e-ens._Sp'� r 7 9. T F }/ a FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) 2. Zoning Map [t � L- Legend �® � �; #�G Project Location R-2 R-;; Area of Impact ® Analysis RUT ®I R=8 CD RI ' TN-R WE R-15 I L C-N R-40 TN-C -L C-C- C-G M2 H-E R1� M-E RUT RR FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) 3. Existing/Proposed Future Land Use: 0 Dole: 1 T/Z025 u 500 �'� � Feet Adopted Future Land Uses fRANKIIN I Lpl>!nd a f. sc J I •e.• n� Not U y tvlure land Uses 'K%I.Yt X citywkir �- -�,-.{n� - e -low Density Resident" Medum Density Resdenhd -Med-Hds Density Resdenhp _Hgh Density Rrsi lenliol -Commercial -Office _fndvsfrO ONic Proposed Future land Uses -old Town —M«ed Use Neghtx h ccl _mmed Use Comf mity -Maed Use Repiond FRANKLIN — _Maed Use Non-Resdenhal Mxcd Use-hferchanpn Ton Mie Specific -low Density Employment -lifestyle Cenfef Q _Hgh Density Employment R)��,/�p(��,)��� Y �"=Maed Employment Q _ -Mms Use Rcsidmfial m -Maed Use C(xnnwcid FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) 4. Planned Development Map ry yam/ Legend Project Location 9 'P Area of Impact o T= City Limits Planned Parcels �E ®Analysis m o; o H t o ' 0 -------------------------- C— o FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) B. Subject Site Photos * 4�cl ' r Y < 4 - FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) C. Service Accessibility Report Overall Score: 11 2nd Percentile Criteria Description Location Within 1/2 mile of City Limits YELLOW Extension Sewer Trunkshed mains < 500 ft. from parcel Floodplain Either not within the 100 yr floodplain or > 2 acres Emergency Services Fire Response time > 9 min. Emergency Services Police Not enough data to report average response time Pathways Within 1/4 mile of future pathways YELLOW Transit Within 1/4 mile of current transit route Arterial Road Buildout Status Ultimate configuration (# of lanes in master streets plan) matches existing (# of lanes) School Walking Proximity Within 1/2 mile walking School Drivability Not within 2 miles driving of existing or future school Park Walkability No park within walking distance by park type FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) D. Original and Revised Site Plans (date: 1/16/2025) 8 4 .awn ros 'n+S" _ I I I uoaaooalLm�urm 4 Z z "1111111111mlow Mai T �-. �4 I � � • w v+v�-n ��-� sass "• A I � II ! II II I --r 0 �PLAN j Y FM3 SCHEME M ®; PRELIMINARY C101 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) 1� ------------ I R TAU SGRT rRaat •nVY,4'1 I� *"my t1.VR R __..—.._..__.__.______ -� �. _I'T1 P.1a 11 I I 11RIUf IWIME1. •�••- � -•11 IIY.'o, AOAYA[fi 2211'." Intl I IJ 11 Ia\r Ol1TR00R rill 1 I Mt.(r 11 STILA4E Iru . I I '4E41Hi taco; O _ I H+r - I 1141 y - 1 MWPSTIR IMAM%- OZ..r.w%Rm j KItLVM I I Si1LA01'S/J I I nun fr-n I I1 T.UL S[M rlAal FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) E. I2/21/2025) BIIIt) SCHEME K PRELIMINARY �III� -2 O O O O • • f, � e.... 0 � nsiuuuumuuwuuuwuuuuuuumuuumuuwuuuuu\.nuunnunmum:�uuunnumm�ununuu �Ri cr��������■�77f7fifl��s����sN�nJl�lf7����1 + 11111 �III� !most aw ■ • o 0 0 0 0 0 0 0 ___ __. i►�sss������sss►�ssss������sssssssss�� sss� 1::1:17f soi. AIMI lil FINDINGS OF • • OF • ORDER F. Annexation Legal Description&Exhibit Map W. Fronklin Rd. S.9 S.10 5.16 5.15 S8917'00'E "gg' 85.90' a N77'280= I - t I c al0i f 01 ;� 40 V"i; m 00 Annexation Area X/t g g o I 5.00 Auee o ED Of fn + N OW �I2 1 t I N1/16 N89'23'18'W 494.31' po'nt otf- Begnnip o, sd, Legend Found Wass Cop Monument e ' F OYnd AIJm nYm Cap UC—T«! \�Hkt t a 5. 6 5.15 ® Oananslon Poht �g0 vS�Nse 1SF G9L —--—--— Anne.ot on Bourdar y L.v U/z'; O Sectors Lhe d 82�5 R-ot-of-Way Lne �9 of NOV,�''f Pace Lane of RecarO .1C f ivF1 Sttyft. +'-t00' of D.bcoted R-ytt-of-ft, 0 75 SO 100 IOC :vr IDAHO ExhiOit Dtow-ng for T+No ��^.�, Annexation �"""'° "" 299 S. Black Cat Rd. Me SURVEY 1 GROUP. LLC A-o I,n e-tA.4LI/4 of 9-0 Kt/+N S«tm IA D.p Oct. T L..0Is 8M. A44 Cant 1". tI/N/2074 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) IDAHO 9939 W Emerald St SURVEY Boise,ID 83704 GROUP Phone:(2081 846 857C Fax: (2081 994 53" Ik.cnlxron for Annexation-('Ili of%terldfaa November 26,2024 The Oollowng Descnbes a Parcel of Land being a Portion of the Northeast 1/4 of the Ncrtheas:IM of Section 16.Township 3 North.Range 1 Ydest,Boise Meridian,Ada County Idaho and more particularly described as follows COMMENCING a.the Northeast Comer of Section 16.Township 3 North Range 1 West Base Madan.From which.the Southeast Corner of the Northeast 114(East 114 Corner)of said Section 16 bears South 00'43'W'West 2 657 20 feet.Thence along the Easterly Ire of said Section 16,South 00'43'00'West 1328 55 feel to the North 1116 coma tre POINT OF BEGINNING: Thence le"ng said Easterly Ire and along the Saeheny I ne of sa 0 Northeast V4 of the Northeast 114.North 89 23'18"West 494 31 feet thence leavng said Southerly Ire.North 00*4d00"East 384 50 feet thence North 7 I'2800r East 419.92 feet. Thence South 89'1700'East 85 90 feet to the Eacterty line of said Secbon 16, Thence aorq said East"fine.South 00'43'00'West 479 64'eet to the POINT OF BEGINNING The above Described Parcel of Land contains 5.00 acres.more or less. `%t\*ijO 8251 Q •�Of 0 Pace I of I FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066)