Seyam Subdivision RZ 09-005 ADA COUNTY RECORDER Christopher D. Rich 2014-068084
BOISE IDAHO Pgs=32 BONNIE 08/2112014 01:59 PM
MERIDIAN CITY NO FEE
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DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Ronald W.Van Auker, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement),is made and entered into
this 9 day of Qty q , 2014,by and between City of Meridian, a municipal
corporation of the State of Idaho,hereafter called CITY, and Ronald W. Van Auker,
whose address is 3084 E.Lanark Street,Meridian,ID 83642,hereinafter called
OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer 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 for each owner,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,I.C. §67-6511A,Idaho Code,provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/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 Ordinance 11-5B-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS,Owner/Developer has submitted an application for re-
zoning of the Property described in Exhibit A, and has requested a
rezone of 6.54 acres of land from the C-G(General Retail&Service
Commercial) zoning district to the I-L (Light Industrial) zoning
district;and 1.12 acres of land from the I-L district to the C-G district,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning &Zoning Commission
DEVELOPMENT AGREEMENT—SEYAM SUBDIVISION(RZ 09-005) PAGE 1 OF 10
and before the Meridian City Council,as to how the subject Property
will be developed and what improvements will be made; and
1.6 WHEREAS,record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council on the the 27th day of April, 2010, has
approved the Findings of Fact and Conclusions of Law as set forth in
Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in full,hereinafter referred to as(the
Findings); and
1.8 WHEREAS,the Findings requires the Owner/Developer to enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 OWNER/DEVELOPER deems it to be in his best interest to be able
to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at his urging and requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development 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 re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6,2002,Resolution No.02-382,and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code, 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.
DEVELOPMENT AGREEMENT-SEYAM SUBDNISION(RZ 09-005) PAGE 2 OF 10
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 Ronald W. Van
Auker,whose address is 3084 E.Lanark Street,Meridian,ID 83642,
the party that owns and is developing said Property and shall include
any subsequent owner(s) or 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 described in
Exhibit A describing the parcels to be rezone of 6.54 acres of land
from the C-G(General Retail&Service Commercial)zoning district
to the I-L (Light Industrial) zoning district; and 1.12 acres of land
from the I-L district to the C-G district, attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2B and § 11-2C.
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. Comply with all provisions of 11-3A-3 with regard to access to streets.
b. The applicant shall submit and obtain approval of a Certificate of Zoning
Compliance application and Design Review from the Planning Department,
prior to submittal of a building permit application for any and all structures on
this site.
DEVELOPMENT AGREEMENT—SEYAM SUBDIVISION(RZ 09-005) PAGE 3 OF 10
c. The facades of structures and portions of the site directly adjacent to Franklin
Road&the future extension of Touchmark Way shall develop in accord with
the guidelines contained in the City's Design Manual for commercial
developments, rather than industrial developments,because of their location
adjacent to an entryway corridor (Franklin Road). (These properties are
depicted on the approved final plat as Lots 2 and 3,Block 1.)The facades and
portions of the site not directly adjacent to Touchmark or Franklin may develop
in accord with the guidelines contained in the Design Manual for industrial
developments.
d. No outdoor storage of materials, equipment, inventory, and/or supplies, or
loading docks shall be located between the facades of the structures adjacent to
Franklin Road & the future extension of Touchmark Way. All permitted
outdoor storage areas shall comply with the standards listed in UDC 11-3A-14.
e. The property owner shall sign the development agreement and return such to
the City within one year of the Council granting this rezone request as set forth
in UDC 11-5B-3D2.
f. Comply with all bulk,use,and development standards of the applicable district
listed in UDC Chapter 2 District regulations.
g. Install all utilities consistent with the standards as set forth in UDC 11-3A-21
and 11-3B-5J.
h. Any existing domestic well system within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8,within 6 months
after the date of annexation ordinance approval. Contact the City of Meridian
Engineering Department at(208)898-5500 for inspections of disconnection of
services. Wells may be used for non-domestic purposes such as landscape
irrigation if approved by Idaho Department of Water Resources Contact Robert
B. Whitney at(208)334-2190.
i. Any existing septic systems within this project shall be removed from service
per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of
annexation ordinance approval. Contact Central District Health for
abandonment procedures and inspections (208)375-5211.
6. COMPLIANCE PERIOD/CONSENT TO REZONE:This Agreement and
the commitments contained herein shall be terminated,and the zoning designation reversed,
upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs,
successors,assigns,to comply with Section 5 entitled"Conditions Governing Development
of Subject Property" of this agreement within two years of the date this Agreement is
effective,and after the City has complied with the notice and hearing procedures as outlined
in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof.
DEVELOPMENT AGREEMENT—SEYAM SUBDIVISION(RZ 09-005) PAGE 4 OF 10
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of
the terms and conditions included in this Agreement shall constitute
default under this Agreement.
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 maybe 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 as described in Section 7.2,Owner/Developer shall
be deemed to have consented to modification of this Agreement and
de-annexation and reversal of the zoning designations described
herein, solely against the offending portion of Property and upon
City's compliance with all applicable laws, ordinances and rules,
including any applicable provisions of Idaho Code §§ 67-6509 and
67-6511. Owner/Developer reserves all rights to contest whether a
default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer,or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and
obligations contained herein.
7.4 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.
7.5 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
DEVELOPMENT AGREEMENT—SEYAM SUBDIVISION(RZ 09-005) PAGE 5 OF 10
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. DEFAULT:
9.1 In the event Owner/Developer, or Owner's/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.
9.2 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
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer's cost,and submit proof of such recording to Owner/Developer,prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-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.
11. ZONING: City shall,following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer,or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,agreements,conditions,
and obligations contained herein.
DEVELOPMENT AGREEMENT-SEYAM SUBDIVISION(RZ 09-005) PAGE 6 OF 10
12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an
uncured material breach of this Agreement,the parties agree that City
and Owner/Developer shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot with
diligence be cured within such thirty(30)day period,if the defaulting
party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be reasonably necessary to
complete the curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which 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.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code §11-5-C, to insure that installation of the improvements,which
the Owner/Developer agrees to provide,if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed,unless the
City and Developer/Owner has entered into an addendum agreement stating when the
improvements will be completed in a phased developed;and in any event,no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law,this Development Agreement,and
the Ordinances of the City of Meridian.
16. 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:
DEVELOPMENT AGREEMENT-SEYAM SUBDIVISION(RZ 09-005) PAGE 7 OF 10
CITY: OWNER/DEVELOPER:
City Clerk Ronald Van Auker
City of Meridian 3084 E. Lanark
33 E. Broadway Ave. Meridian,ID 83642
Meridian,ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian,ID 83642
16.1 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.
17. 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.
18. 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.
19. 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 of the Property,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/Developer,to execute appropriate and recordable evidence of
termination of this Agreement if City,in its sole and reasonable discretion,had determined
that Owner/Developer has fully performed its obligations under this Agreement.
DEVELOPMENT AGREEMENT-SEYAM SUBDIVISION(RZ 09-005) PAGE 8 OF 10
20. 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.
21. 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.
21.1 No condition governing the uses and/or conditions governing re-zoning 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.
22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the par•.-s h. -; herein executed this agre; ent
and made it effective as hereinabove provide
......ii, . A?,
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/onald Van Auker
CITY OF MERIDIAN
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ayor Tammy de Weerd
ATTEST:AmidiqpiP4 EIQIAN "
Jays e I • man, Ci jerk F'
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DEVELOPMENT AGREEM : •.vet SUBDIVISION(RZ 09-005) PAGE 9 OF 10
STATE OF IDAHO, )
): ss
County of )
On this day of _i i '/ 1 , 2014, before me, the
undersigned,a Notary Public in and for said State,1,ersonally appeared Ronald Van Auker,
known or identified to me to be the person who executed this agreement and acknowledged
to me that he executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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STATE OF IDAHO )
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County of Ada ) � � `_
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On this 1 day of ,2014,before me,a Notary J Ac, o n�s
Public,personally appeared Tammy de Weerd and 3aycee L.Holman,know or identified to
me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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.
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DEVELOPMENT AGREEMENT—SEYAM SUBDIVISION(RZ 09-005) PAGE 10 OF 10
SCANNED
CITY OF MERIDIAN aVIE IDIAN�-
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND IDAHO
DECISION & ORDER
In the Matter of the Request for a Comprehensive Plan Map Amendment to Change the
Land Use Designation on 6.54 Acres of Land from Commercial to Industrial, and to
Change the Land Use Designation on 1.12 Acres of Land from Industrial to Commercial;
and Rezone of 6.54 Acres of Land from the C-G Zoning District to the I-L district, and 1.12
Acres from the I-L District to the C-G District, by Ronald W. Van Auker.
Case No(s). CPA-09-007 & RZ-09-005
For the City Council Hearing Date of: April 27,2010, (Findings on the May 11,2010 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 27, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 27, 2010,
incorporated by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of April
27, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for
the
hearing date of April 27, 2010, 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(LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has,by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).CPA-09-007&RZ-09-005
- 1 -
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the legal description and the provisions of the
development agreement included in the attached Staff Report for the hearing date of
April 27, 2010, incorporated by reference. The provisions 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 Rezone to I-L and C-G as evidenced by having submitted the legal
descriptions and exhibit maps, prepared by Todd R. Waite, dated 12/16/2009, is hereby
conditionally approved; and,
2. A Development Agreement (DA) is required with the subject rezone approval. The
provisions of the DA are as shown in Exhibit B of the attached Staff Report for the
hearing date of April 27, 2010, incorporated by reference.
D. Attached: Staff Report for the hearing date of April 27,2010.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).CPA-09-007&RZ-09-005
-2-
By action of the City Council at its regular meeting held on the 1 day ltv\cn , 2010.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER BRAD HOAGLUN VOTED 11,0,.--
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED `,_k___-
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
c i'rs Mayor 1
Id
Attest:
0
•'
Jaycee 1 man, City Clerk
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Copy served upon Applicant;>T '' . ;..' I)bt.;lr' dlt, Public Works Department and City
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Attorney. '' \��
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B . 1 /, .aa t %� Dated: 5 - I 1 - Q.010
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CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).CPA-09-007&RZ-09-005
-3-
STAFF REPORT Hearing Date: April 27,2010
TO: Mayor&City Council A/(1E
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: CPA-09-007; RZ-09-005 —Seyam Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Ronald W. Van Auker, has applied for an amendment to the Comprehensive Plan
Future Land Use Map(CPA)to change the land use designation on 6.54 acres of land from
Commercial to Industrial; and to change the land use designation on 1.12 acres of land from Industrial
to Commercial.
A Rezone(RZ) is concurrently requested of 6.54 acres of land from the C-G (General Retail &
Service Commercial)zoning district to the l-L(Light Industrial)zoning district; and 1.12 acres of
land from the I-L district to the C-G district. See Section 10 of the stuff report for more information.
H. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPA& RZ applications with the conditions and
Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and
Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning& Zoning Commission heard these items on March 4,and 18,2010.At
the public hearing on the 18"' they moved to recommend approval of the subject CPA and RZ
request.
a. Summary of Commission Public Hearing:
i. In favor: Brad Miller
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: Pete Friedman
b. Key Issue(s) of Discussion by Commission:
i. Concern about the aesthetics of an industrial use/building being located adjacent to
Franklin Road,an entryway corridor into the City. Difficulty with applying commercial
design standards to an industrial building that isn't really suited as such.
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. If it's in the best interest of the City to approve a cha►ge to the future land use map &
zoning map that would allow an industrial use(s) to develop on this site adjacent to
Franklin Road, an entryway corridor into the City,
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPA-09-
007 & RZ-09-005, as presented in the staff report for the hearing date of April 27,2010 with the
following modifications: (Add any proposed modifications.)
Seyam Sub CPA RZ PAGE I
Denial
After considering all staff,applicant and public testimony, I move to deny File Numbers CPA-09-007
& RZ-09-005,as presented during the hearing on April 27 2010, for the following reasons: (You
should state specific reasons for denial of the annexation and you must state specific reason(s)for the
denial of the plat.)
Continuance
I move to continue File Numbers CPA-09-007& RZ-09-005,to the hearing date of(insert continued
hearing date here)for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the north side of E. Franklin Road, approximately 1,200 feet east of the
Eagle/Franklin intersection, in the southwest 1/4 of Section 9, Township 3 North, Range I East.
B. Owner(s):
Ronald W. Van Auker
3084 E. Lanark Street
Meridian, ID 83642
C. Applicant:
Same as owner
D. Representative:
Matt Munger, Munger Engineering, Inc.
4090 W. State Street, Ste. 29
Boise, ID 83703
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for an amendment to the comprehensive plan future land use map and a
rezone. A public hearing is required before the Planning& Zoning Commission and City Council
on these matters,consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: February 15, and March 1,2010(Commission); April 5,
and 19, 2010(City Council)
C. Radius notices mailed to properties within 300 feet on: February 11, 2010(Commission); April 2,
2010(City Council)
D. Applicant posted notice on site by: February 23,2010(Commission); April 16, 2010
VI. LAND USE
A. Existing Land Use(s)and Zoning: The subject property for the proposed comprehensive plan map
amendment and rezone has not yet been developed and is currently vacant. The property is
currently zoned I-L and C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Industrial property(multi-tenant warehouse building),zoned I-L
2. East: Rural residential property,zoned RI and RUT in Ada County
Seyam Sub CPA RZ_ PAGE 2
3. South: Meadow Lake Village retirement community, zoned L-O
4. West: Commercial property(Ashley Furniture), zoned C-G
C. History of Previous Actions:
• A preliminary plat(PP-06-055)was approved in 2007 for 8 building lots on 39.28 acres of
land.
• An 18 month time extension (TE-09-005)was approved on February 4,2009 to obtain the
City Engineer's signature on the final plat,to expire on August 6,2010.
• A final plat(FP-09-008)was approved on January 26, 2010 for the entire area of the
preliminary plat but has not yet been recorded.
D. Utilities:
1. Public Works:
a. Location of sewer: This site is currently served from mains that are installed in Lanark
Lane.
b. Location of water: This site is currently served from mains that are installed in Lanark
Lane.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
A portion of this site is designated for "Commercial" land uses and the remainder is designated for
"Industrial" land uses on the Comprehensive Plan Future Land Use Map. The applicant is proposing
to change 6.54 acres of land from the Commercial designation to the Industrial designation, and 1.12
acres of land from the Industrial designation to the Commercial designation.
Per Chapter VII of the Comprehensive Plan (page 105), commercial areas are designated to provide a
full range of commercial and retail to serve area residents and visitors. Uses may include retail,
wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as
government offices. Within this land use category, specific zones may be created to focus commercial
activities unique to their locations.
Per Chapter VII of the Comprehensive Plan (page 106), industrial areas are designated to allow a
range of industrial uses to support industrial and commercial activities and to develop with sufficient
urban services.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use(staff analysis in italics):
• Chapter VII,Goal III, Objective A,Action 1 - Require that development projects have planned
for the provision of all public services.
The City of Meridian plans to provide municipal services to the lands proposed to be rezoned in
the following manner:
Seyam Sub CPA RZ PAGE 3
D Sanitary sewer and water service will be extended to the site at the developer's expense.
D The subject lands currently lie within the jurisdiction of the Meridian Fire Department.
D The subject lands currently lie within the jurisdiction of the Meridian Police Department
• The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District(ACHD). This service will not change.
D The subject lands are currently serviced by the Meridian School District No. 2. This service
will not change.
D The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal,fee-supported,services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
• Chapter V, Goal III,Objective D,Action 5 —Require all commercial and industrial businesses to
install and maintain landscaping.
Street buffer landscaping and internal parking lot landscaping will be required to be installed
upon development of the property in accord with the standards listed in UDC 11-3B.
• Chapter VII,Goal IV,Objective D, Action 2—Restrict curb cuts and access points on collectors
and arterial streets.
Access to this property from Franklin Road is proposed via the extension of Touchmark Way as
approved on the final plat, which is proposed to connect to Lanark to the north of the subject
property.
Seyam Sub CPA RZ PAGE 4
• Chapter VII, Goal I, Objective E—Establish industrial areas to meet the employment needs of the
City of Meridian.
A portion of the applicant's request is to amend the future land use neap to include more
industrial property within the City. Adding more industrial property should contribute to
employment opportunities available within the City.
• Chapter VII, Goal I, Objective E, Action 3 — Require industrial areas to create a site design
compatible with surrounding uses(e.g. landscape, fences,etc.)and community design criteria.
Because the property proposed to he zoned industrial borders Franklin Road, an entryway
corridor into the City, staff recommends the design criteria contained in the Design Manual for
commercial developments (as opposed to industrial) apply to development of this property on the
south& west sides of the property fronting public streets. Staff believes this will result in a more
aesthetically pleasing as well as more compatible structure with the commercial property to the
west.
• Chapter VII, Goal IV, Objective A, Action 2 — Encourage industrial development to locate
adjacent to existing industrial uses.
Industrial property exists adjacent to the railway corridor at the north boundary of the subject
property proposed to be rezoned industrial.
• Chapter VII, Goal IV, Objective C, Action 2 — Require screening and landscape buffers on all
development requests that are more intense than adjacent residential properties.
The property proposed to he rezoned I-L abuts residential property. The UDC (Table 11-2C-3)
requires a 25-foot wide landscape buffer adjacent to residential uses.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review,
and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements
which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell
out how these policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
a. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and
attractive developments within the City of Meridian. As is applicable to the subject application,
the City should encourage the clustering of commercial development at or near existing arterials
and collector roads and require landscaping of new development to provide beautification. All
future construction on the subject site will require approval of a Certificates of Zoning
Compliance and Design Review prior to construction. Staff will ensure that future development
on this site complies with any and all applicable design and landscaping standards, as provided
for through the Unified Development Code and Design Manual.
b. Population
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Residential and commercial developments must be easily served by City infrastructure and public
services. Staff believes that all necessary services are currently available to the subject site and
will still be available upon rezone and development of the site.
Seyam Sub CPA RZ PAGE 5
c. Housing
The City of Meridian is charged with ensuring adequate and attractive living environment which
meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. As
the site is currently proposed for commercial and industrial uses, Staff finds that this element is
not applicable to the subject application.
d. Economic Development
Meridian's economic base has been gradually shifting over the last 20 years from a farming-based
economy to a retail, service, and manufacturing-based economy. During this time, local policy
with regard to the types of lands needed to support the economic and employment needs of the
community has also changed. The Comprehensive Plan forecasts the need to continually adjust
the provision of commercial lands in order to gradually broaden economic opportunity throughout
the City.
e. Public Services, Facilities,and Utilities
City water and sewer service is currently available to the subject property. Public services such as
police and fire protection are currently provided to the subject property.
f. School Facilities and Student Transportation
The purpose of this element is to direct new residential development to areas with adequate
school facilities and student transportation. The applicant is proposing a commercial development
on the site. Therefore,the subject application does not apply here.
g. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the
City. Staff does not believe that the proposed plan amendment would negatively impact
transportation within the City of Meridian in this area if approved.
h. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff does not believe that the proposed commercial and industrial use of this
property will significantly impact or degrade the natural environment.
i. Special Areas
The subject amendment does not directly impact any lands zoned for open spaces, natural
resources,or scenic areas, nor does the parcel contain any known significant natural resources.
j. Hazardous Areas
The purpose of this element is to ensure regulation of development in hazardous areas, such as
floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site.
k. Recreation
Recreation resources within Meridian include 17 developed City parks totaling approximately
191.58 acres. Two new park facilities totaling approximately 67.5 acres are currently in the
design process. The City also maintains several pathways. This site is not formally designated for
recreational purposes.
I. Land Use
The policies of this element are presented in the text of the Comprehensive Plan.The Future Land
Use Map is a graphic representation of the policies and goals of Meridian's Comprehensive Plan.
The Map has been prepared to identify suitable areas for future residential, commercial, and
Seyam Sub CPA RZ PAGE 6
industrial development. The Map is designed to be a projection of growth patterns for the City.
Therefore, the Map is to be used as a guide for development decisions including requests for land
use changes. Staff believes the commercial and industrial use and zoning of this site and
consistent zoning within the immediate area, along with access to an arterial street, makes this
property appropriate for commercial and industrial uses, thus justifying the request for the land
use changes.
m. Implementation
The City provides the necessary staff and facilities to administer and enforce the policies and
goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the
Comprehensive Plan and its policies, under the direction and supervision of the Meridian City
Council. The Planning & Zoning Commission is also authorized by the Council to review,
approve and make recommendations on proposals affecting the public's interest in land use.
n. Property Rights
The purpose of this element is to ensure that the land use policies, restrictions, conditions, and
fees do not unconstitutionally violate private property rights, and establish a consistent review
process that enable the City to ensure that any proposed actions will not result in an
unconstitutional taking of private property without due process of law. Staff believes that the
requested Comprehensive Plan Land Use Map change would not violate private property rights.
A neighborhood meeting was held on November 25, 2009 of which no neighbors attended.
In summary, stafffinds that the development request generally conforms to the stated purpose, intent,
and standards of the Commercial and Industrial land use categories within the Comprehensive Plan.
Further, staff finds the proposed use of the property should he consistent with existing commercial
and industrial uses in the area.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone(s):
The purpose of the commercial districts is to provide for the retail and service needs of the
community in accord with the Meridian Comprehensive Plan. Four districts are designated which
differ in the size and scale of commercial structures accommodated in the district,the scale and
mix of allowed commercial uses,and the location of the district proximity to streets and
highways.
The purpose of the l-L district is to provide for convenient employment centers of light
manufacturing, research and development, warehousing,and distributing. In accord with the
Meridian Comprehensive Plan,the l-L district is intended to encourage the development of
industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are
operated entirely, or almost entirely, within enclosed structures. Accessibility to transportation
systems is a requirement of this district(UDC 11-2C-1A).
B. Schedule of Use: Unified Development Code(UDC)Tables I 1-2B-2 and 11-2C-2 list the
permitted, accessory, and conditional uses in the C-G and I-L zoning district. No specific uses are
proposed with this application.
C. Dimensional Standards: The dimensional standards listed in UDC Tables 11-2B-3 for the C-G
district and 11-2C-3 for the I-L zoning district apply to development of this site.
D. Landscaping Standards(UDC 11-3B): Landscaping is not required with this application.
Seyam Sub CPA RZ PAGE 7
1. Width of street buffer(s): NA
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Tree Preservation: NA
E. Parking: Parking is not required with this application.
IX.ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. CPA Application:
The applicant requests an amendment to the Comprehensive Plan future land use map to
change the land use designation on 6.54 acres of land directly adjacent to Franklin Road from
commercial to industrial. An amendment is also requested to change 1.12 acres from
industrial to commercial, approximately 300 feet north of Franklin Road. Please see Section
VII above for the Comprehensive Plan policies, goals, and analysis related to this
application.
Because the portion of this site proposed for industrial use is located adjacent to an entryway
corridor(Franklin Road) into the City, staff is hesitant to support the request because of the
general nature of industrial type uses. Typically, structures in industrial areas are less
attractive and more utilitarian; have associated outdoor storage areas for materials,
equipment, inventory, and/or supplies; and have loading docks for shipping and receiving.
Light industry type uses typically consist of manufacturing, processing, fabrication,
assembly, treatment, and/or packaging of finished products or parts, predominantly from
previously prepared materials.
Because there is industrial property to the north of the subject property adjacent to the railway
corridor,expanding the boundary of industrial land in this area makes some sense. However,
the primary concern of staff is that the property develops in an attractive manor consistent
with the commercial properties to the west and the desired appearance of structures located
along entryway corridors into the City.
Staff is not opposed to the industrial designation of the property adjacent to Franklin Road
provided that the facades and portions of the site directly adjacent to Franklin Road and the
future extension of Touchmark Way develop consistent with the guidelines contained in the
City's Design Manual for commercial developments, rather than industrial developments,
because of their location adjacent to an entryway corridor. Staff believes this will assist in
maintaining the design integrity of the entryway corridor, as well as accomplishing the
desires of the applicant.
Staff has no objections to the request to change the land use designation to commercial for
the portion of the property north of Franklin Road. However, the northern lot line shown on
the approval final plat for this lot property will need to be shifted accordingly prior to
recordation of the plat.
2. RZ Application:
The rezone of a portion of the subject property to l-L and a portion to C-G as proposed by the
applicant is consistent with the future land use designations proposed with the CPA
application.
Seyam Sub CPA RZ PAGE 8
As a provision of the rezone, staff is recommending no outdoor storage of materials,
equipment, inventory, and/or supplies or loading docks are located between the facades of the
structures directly adjacent to Franklin Road &the future extension of Touchmark Way on
the property proposed to be zoned I-L. All outdoor storage areas shall comply with the
standards listed in UDC 11-3A-14.
Additionally, staff recommends that the facades of the structures and portions of the site
directly adjacent to Franklin Road and the future extension of Touchmark Way develop
consistent with the guidelines contained in the Design Manual for commercial developments
rather than industrial developments for the property proposed to be zoned I-L.
To ensure the property is developed in a manor consistent with the comprehensive plan and
does not negatively impact nearby adjacent properties, staff is recommending the applicant
enter into a Development Agreement with the City that requires a written commitment for all
future uses, in accord with UDC 11-5B-3D2 and Idaho Code § 65-6711A, that contains the
provisions detailed above. If the Commission or Council feel that additional provisions are
necessary, staff recommends a clear outline of the commitments of the developer being
required. Please see Exhibit B for a list of DA provisions applicable to this site.
X. EXHIBITS
A. Drawings
1. Zoning Map&Aerial Map
2. Comprehensive Plan Future Land Use Map—Adopted& Proposed Land Use Designations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Idaho Transportation Department
C. Rezone Legal Description& Exhibit Map
D. Required Findings from Unified Development Code
Seyam Sub CPA RZ PAGE 9
Exhibit A.l —Vicinity Map
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Exhibit A
Exhibit A.2-Comprehensive Plan Future Land Use Map—Adopted& Proposed Land Use Designations
ADOPTED ,It:..'"4,`,.:.Y„"i,„.,7,1,.77',,4,•,::0:,:4:1Z.i,4.f:,31;':,'r'':24,_-:°_ ,- -.t ', ,',','..,,'-'.'.f1.:,,'':Fr.,;.'i;:n','-'S.:„i,; t Legend
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Exhibit A
Exhibit B -Agency and Department Comments
On February 3, 2010, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Public Works Department, and Meridian Police
Department. Staff has included all comments and recommended actions in the attached Exhibit B.
1. PLANNING DEPARTMENT
1.1 The rezone legal description prepared by Todd R. Waite, PLS, dated 12/16/09 and submitted with
the application (included in Exhibit C), is accurate and meets the requirements of the City of
Meridian and State Tax Commission.
1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant
shall contact the City Attorney, Bill Nary, at 888-4433 within one year of Council approval to
initiate this process; a fee of$303.00 shall be paid by the applicant to the City Attorney's office
prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
a. Comply with all provisions of 11-3A-3 with regard to access to streets.
b. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance
application and Design Review from the Planning Department, prior to submittal of a
building permit application for any and all structures on this site.
c. The facades of structures and portions of the site directly adjacent to Franklin Road&the
future extension of Touchmark Way shall develop in accord with the guidelines contained in
the City's Design Manual for commercial developments, rather than industrial
developments, because of their location adjacent to an entryway corridor(Franklin Road).
(These properties are depicted on the approved final plat as Lots 2 and 3, Block 1.)The
facades and portions of the site not directly adjacent to Touchmark or Franklin may develop
in accord with the guidelines contained in the Design Manual for industrial developments.
d. No outdoor storage of materials,equipment, inventory, and/or supplies,or loading docks
shall be located between the facades of the structures adjacent to Franklin Road&the future
extension of Touchmark Way. All permitted outdoor storage areas shall comply with the
standards listed in UDC 11-3A-14.
e. The property owner shall sign the development agreement and return such to the City within
one year of the Council granting this rezone request as set forth in UDC 11-5B-3D2.
f. Comply with all bulk, use,and development standards of the applicable district listed in
UDC Chapter 2 District regulations.
g. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 1 l-3B-5J.
h. Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9-4-8,within 6 months after the date of
annexation ordinance approval.Contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-
domestic purposes such as landscape irrigation if approved by Idaho Department of Water
Resources Contact Robert B. Whitney at(208)334-2190.
i. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance
Exhibit A
approval. Contact Central District Health for abandonment procedures and inspections
(208)375-5211.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
2. FIRE DEPARTMENT
2.1 The proposed project lies outside the five-minute response zone goal. Achievement of this goal is
subject to budgetary constraints and is intended to enhance the probability of a favorable outcome
on a request for Basic and Advanced Life Support. The budget constraints are typically defined as
capital outlay for facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
2.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
2.3 All entrances, internal roads, drive aisles,and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
2.4 Commercial and office occupancies will require a fire-flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
2.5 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is to be
borne by the developer. (National Fire Protection Std 1 141 Section 5.2.1 1.1)
2.6 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official as set forth in International Fire
Code Section 508.5.1. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be
600 feet(183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
2.7 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or
three stories in height shall have at least three means of fire apparatus access for each structure.Two
of the access roads shall be placed a distance apart equal to not less than one half of the length of the
overall diagonal dimension of the property or area to be served, measured in a straight line as set
forth in International Fire Code Appendix D104.1.
2.8 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of
more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire
apparatus access roads separated by one half of the maximum overall diagonal dimension of the
Exhibit A
property or area to be served, measured in a straight line between accesses as set forth in
International Fire Code Appendix D104.2.
a. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2)
that have a single approved fire apparatus access road and all buildings are equipped
throughout with approved automatic sprinkler systems.(Remoteness Required)
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to this application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SANITARY SERVICE COMPANY
6.1 SSC did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
On December 6, 2006,the Ada County Highway District acted on MPP-06-055 for Seyam
Subdivision.The conditions and requirements also apply to MCPA-09-007/MRZ-09-005.
Exhibit A
Exhibit C- Rezone Legal Description& Exhibit Map
IIEVI: WiAL.
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state Soret,Ik e,It) rs.i/03i
108.794 6622 Tele. 208.426.8319 Fax
C.N.2415 Decernber 16.2009
C:-G TO I-L ZONE DESCRIPTION
A parcel of land located in the Southwest 1/4 of Sections 9,T.3N..R.IE..B.M.,Ada
County,Idaho,and being more particuiarly described as follows:
Commencing at the Southwest corner of said Section 4,from which the South 1t4 corner
of said Section teats S 89'11'46"W,2706.25 feet,
thence S 89F1 I'4ti"E along we South boundary of said Section 9 and the ctxrerline of
Franklin Rd..for a distance of I I07.33 feet(formerly 1107.19 feet);
thence continuing S 89'11'46"c;along the South boundary of said Section 9 and the
centerline of Franklin Rd.,for a distance of 655.74 feet to the REAL POINT(W
BEGINNING,
thence leaving.said boundary and centerline N 00'48'14"W for a distance of 245.16 feet
to a paint of curve,
thence atong the arc of said curve to use nght a distance of 52.36 feet,said curve having a
radius of 300.00 feet,a central angle of 10'00'00"and a chord distance of 52.29 fent
bearing N 04°11'46'E to a paint of tangent;
thence N 09'11'46"E for a distance of 12.09 feet;
thence S 89'56'19-E for a distance of 937.34 feat to a point on the East tanindary of said
Southwest I/4 of Section 9;
thence S 00"39'59"E along said Fast boundary for a distance of 295.00 feet to the
centerline of Franklin Rd.and the South boundary of said Section 9;
thence S 89°11'46"W Wong the South boundary of said Section 9 and the certerline of
Franklin Rd..for a distance of 943.18 feet to the REAL POINT OF'8 LUNG,
containing 6.54 acres of land.mote or less. .` t .
T
Prepared by: Todd R. Waite P.L.S. (a • 9
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Exhibit A
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BY
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WORKS 01141 C
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WAITS
land surveying, llc
400 W,SU.r S,rect, cast:.,Ip ti+7OS
2013./94.6622 Tele. 208 426 R319 t ax
P.N.2435 December 16,209
I-L 9'4 CC ZONE DESCRIPTION
A parcel of land located in the Southwest 1r4 of Section 9,'t'.3N..R.1 I..,8,141.Ma
County,Idaho.and being more particularly described as follows'
Commencing at the Southwest confer of said Section 9,from which the South 1/4 corner
of said Scetton hears S f19"11'46"W.2706.25 feet.
thence S 89°'I1'46"E along the South boundary of said Section 9 and the centerline of
Franklin Rd„Cot a distance of 1107.33 feet(formerly 1107.19 feet):
thence leaving said boundary and centerline N 06455'12"W Ibr a distance of 64,97 feet
to a point on the East Right-of-Way line of N.Uaudians Ave.:
thence tx 06'55'12"W along said East Right-of-Way line for a distance of 402.69 feet;
thence leaving said Right-uf-Way line N 89.'11'46"E for a distance of 406.71 feet to the
REAL POINT OF BEGINNING.
thence S 0tT48'14"F.for a distance of 151.23 feet:
thence S 89'56'19'F.for a distance of 305.55 feet
thence N 09"11'46"F.for a distance of 158.25 feet:
thence S 89'11'46"W fur a distance of 332.99 feet to the REAL POINT OF
BEGINNING,
containing 1.12 acres of land,more or less -, �
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Exhibit A
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SCALE: 1" Q. 200' EXHIBIT 14nd surveying, 1k
THESE DRAMANGS. OR MY PORTION THEREOA', SHAH
NOT DE USED ON ANY PROECT OR OTTENSIONE OF TNS LOCATED IN THE SW 114 OF SEC. 9. 4090 w' State street,Boase,Idaho 83703
PROJECT U EKEEPTSURVEYING.
8Y AGREEMENT IN VOWING WITH Walt r 3N., R.1...
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UIFIO 9URVE ANG, U C
Exhibit A
Exhibit D- Required Findings from Unified Development Code
1. Comprehensive Plan Amendment Findings
Upon recommendation from the Commission,the Council shall make a full investigation and
shall,at the public hearing,review the application. In order to grant an amendment to the
Comprehensive Plan,the Council shall make the following findings:
a. The proposed amendment is consistent with the other elements of the Comprehensive
Plan.
The Commission finds that the proposed changes to the Future Land Use Map do not
directly conflict with other elements of the Comprehensive Plan.
b. The proposed amendment provides an improved guide to future growth and
development of the city.
The Commission finds the proposed land use changes will provide an improved guide to
future growth and development in this area of the city.
c. The proposed amendment is internally consistent with the Goals,Objectives and
Policies of the Comprehensive Plan.
The Commission finds that the proposed amendment is internally consistent with the Goals,
Objectives,and Policies of the Comprehensive Plan(see Section VII for detailed analysis).
The Commission believes sufficient provisions have been made to accommodate
commercial and industrial development in this area.
d.The proposed amendment is consistent with the Unified Development Code.
The Commission finds that the proposed amendment is generally consistent with the Unified
Development Code. Staff will ensure full compliance with the UDC and other city design
and development criteria, as development is proposed.
e. The amendment will be compatible with existing and planned surrounding land uses.
The Commission finds that the future commercial and light industrial uses on this site will
be compatible with surrounding(existing and future) uses.
f. The proposed amendment will not burden existing and planned service capabilities.
The Commission finds that the proposed amendment would not burden existing and planned
service capabilities in this area of the city.
g. 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 Commission finds that the proposed map amendment to commercial and industrial will
allow for uses on the site that should be compatible with existing and future commercial,
industrial, and residential uses in the area.
h. The proposed amendment is in the best interest of the City of Meridian.
The Commission finds that the proposed amendment is in the best interest of the City if the
application develops the site consistent with the provisions of the development agreement
recommended by staff.
Exhibit A
2. Rezone Findings:
Upon recommendation from the Commission,the Council shall make a full investigation
and shall,at the public hearing, review the application. In order to grant an annexation
and/or rezone,the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to rezone the subject property to C-G and 1-L zoning districts.
If the applicant complies with the DA provisions,the Commission finds that the proposed
zoning map amendment complies with the applicable provisions of the comprehensive
plan for the proposed commercial and industrial land use designations. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report.
b. The map amendment complies with the regulations outlined for the proposed
district,specifically the purpose statement;
The Commission finds that the amendment complies with the regulations outlined for the
proposed district.
c. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
The Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety,or welfare if approved. The Commission recommends that the
Council rely on any oral or written testimony that may be provided when determining this
finding.
d. 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 Commission 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.
e. The annexation is in the best of interest of the City(UDC 11-5B-3.E).
The Commission finds that the proposed rezone of this property to the I-L and C-G
zoning districts and the C-G and 1-L zoning districts is in the best interest of the City.
Exhibit A