Sugarman Subdivision AZ 14-007ADA COUNTY RECORDER Christopher D. Rich 2014-088000
BOISE IDAHO Pgs=33 VICTORIA BAILEY 101291201409:32 AM
MERIDIAN CITY NO FEE
IIIIIIIIIIIIIII IIII INIIIIIIIIIIIIIIIIIIIIIIII11
00035130201400880000330333
DEVELOPMENi'AGREEMENT
PARTIES: 1. City of Meridian
2. George Sugarman, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this_ day of Q��j� t% , 2014, 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 and George Sugarman, whose address is 1049 Columbia Circle, El Dorado Hills,
CA 95762, hereinafter called OWNER/DEVELOPER.
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", 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/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code ("UDC'), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation
and zoning of 5.04 acres described in Exhibit "A", requesting a designation
of C -C (Community Business) zoning districts under the UDC, 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
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the subject Property will be developed and
what improvements will be made; and
DEVELOPMENT AGREEMENT—SUGARMAN SUBDIVISION (AZ 14-007) PAGE 1 OF 8
1.6 WHEREAS, the 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, includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes finther testimony and comment; and
1.7 WHEREAS, on the 15'I' day of July, 2014, the Meridian City Council
approved certain Findings of Fact and Conclusions ofLaw 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
annexation and zoning designation; and
1.9 WHEREAS, Owner/Developer deems it to be in its best interestto be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use ofthe 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 are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, 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 amunicipal Corporation and government subdivision ofthe 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.
DEVELOPMENT AGREEMENT- SUGARMAN SUBDIMION (AZ 14007) PAGE 2 of 8
3.2 OWNERAW VELOPE R: means and refers George Sugarman, whose
address is 1049 Columbia Circle, El Dorado Hills, CA 95762, the party that
is developing said Property and shall include any subsequent
owner/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 zoned Community Business District (C -C) and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY TMS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNINGDEVELOPMENT OF SUBJECTPROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
5.1.1 Direct lot access to W. Ustick Road and N. Linder Road is prohibited except
for the access points approved with the plat in accord with UDC 11-3A-3.
Access to N. Linder Road shall be restricted to right-inhight-out and access to
W. Ustick Road shall be determined by ACRD.
5.1.2. Future development of this site shall be generally consistent with the
conceptual development plan shown on the landscape plan in Exhibit A.2,
except for the drive-thru shall be relocated (if proposed) internallyandnotbe
located along the east or north boundaries ofthe site adjacent to existing and
future residential properties.
5.1.3. A drive-thru establishment shall not be located along the north or east
boundaries of the site adjacent to existing and future residential uses.
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT—SUGARMAN SGBmvisioN (AZ 14-007) PAGE 3 of 8
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 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 as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification ofthis 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 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,
DBVEi,ormaNr AGREawt r— SuGARmAN SDBnryrsloN (AZ 14-007) PAGE 4 or 8
9. RE, QUIREMENT FOA�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 ofthe 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.
10. ZONING: City shall, followingrecordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agrees to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shallbe issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees 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, retumreceiptrequested, addressed
as follows:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
George Sugarman
1049 Columbia Circle
El Dorado Hills, CA 95762
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section.
DEVELOPMENT AGREEMENT-SUGARMAN SUBDIVISION (AZ 14007) PAGE 5 O 9
15. ATTORNEYFEES: Should any litigation be commenced between theparties 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 thattime
is strictly ofthe essence with respect to each and every term, condition andprovision 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 otherperson 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.
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. COOPERATION OF THE PARTIES: Inthe 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.
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 ofthe subject
Property herein provided for can be modified or amended without the approval ofthe
City Council after the City has conducted public hearing(s) in accordance with the
DEVELOPMENTAGREEMENT-SUGARMAN SUBDIVISION (AZ 14-007) PAGE 6 OF 9
notice provisions provided fora zoning designation and/or amendment in force atthe
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.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executedthis agreement andmade
it effective as hereinabove provided.
OWNER/DEVELOPER:
M
3yce
EST:
e . olman City Clerk
CITY
de Weerd
DEVELOPMENT AOREEMENr—SOGARMAN "D1v1S1oN (AZ 14-007)
PAGE 7 OF 8
STATE OF c Qom)
. ss:
County of (� t )
2014, before me, the undersigned, allotary Public in and
On this \day of
for said State, personally appeared George Sugarman, known or identified to me 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.
(S JUSTIN R. HARRISON
Commission M 2056501 z
Notary Public - Caltiorma
i •+�, Sacramento County
My Comm. Expires Jan 31.2016 r
STATE OF IDAHO
Notary b& for te
Residing
My Commission Expires: �di�'b
SS
County of Ada )
On this day of
(�c���,/ � 2014, before me, a Notary Public,
and Jaycee L. Holman, know or identified to me to be the
personally appeared Tammy de Weerdity of Meridian, who executed the instrument
Mar and Crk, vely, of the C
that x scute the nstrumtent of behalf of said City, and acknowledged tom that such City ex sited
the same.
hereunto set my hand and affixed my official seal the day
IN WITNESS WHEREOF, Ihave
and year in this certificate first above written.
(SEAL)
No Public for I aho
Resi ' gat: t-�ex�d
Commission expires:
PAGE R OF 8
DEVELOPMENT AGREEMENT—SUGARMAN SuilopasioN(AZ 14-007)
EXHIBIT A
LEGAL DESCRIPTION FOR
SUGARMAN SUBDIVISION ANNEXATION
A parcel of land located In the Southwestl/4 of Section 36, Township 4 North, Range 1 West,
Boise Merldlen, Ada County, Idaho. Being furlhar described as follows:
BASIS OF BEARINGS:
rhe Wost Ihle o/ (lie Southwest 1/4 of Section 36, Townshlp 4 North, Range 1 WWI, Boise
Meridian, derived from found monuments and taken as North 00.15'11" East with the distance
hehveen monuments found to he 2037.60 feel.
BEGINNING at the Section corner common to Sections 36 and 36, Township 4 North, Range 1
West, and Sections 1 and 2, Township 3 North, Range 1 West Bolsa Meridian from which the
West 114 corner of sold Section 36 bears North 00015'11" East a distance of 2637.66 teal
thence along the West line of the Southwest 1/4 of said Section 36 North 00°16'11" East a
distance of 329.69 feet;
thence leaving said West line South 88°48'14" East a distance of 666.64 feet;
thence South 0001816" West a distance of 330.33 feel to a point on the South line of the
Southwest 114 of sold Section 30;
thence along said South lino North 8804264" Waste distance of 605.66 feet to the POINT OF
BEGINNING,
Sold parcel containing 219,660 square feet or 6.04 acres, more or less and Is subject to all
existing easements and rights -of -ways of record or Implied.
END OF DESCRIPTION
Russell E. Bedgley, P.R.S. 12468
Ti nberllne surveying
847 Park Centre Way, Suite 3
Nampa, Idaho 83661
(208)486-6687
Sugarman Subdivision AZ 14-007
"TV OF MERIDIAN
FINDINGS OF FCT, CONCLUSIONS OF LAW CVE', IDIAN-
AND I
DECISION & ORDER
In tate Matter of the Request for Annexation and Zoning of 5.04 Acres of Land with a C -C Zoning
District; and Short Plat Consisting of hour (4) Building Lots on 399 Acres of Land for Sugarman
Commercial Subdivision, Located at 1450 W. Uslick Road, by George Sugarman.
Case No(s). AZ -14.007; SHP-14-001
For the City Council Hearing Date of: July 1, 2014 (Findings on July 15, 2014)
A. Findings of Fact
1. Heating Facts (see attached Staff Report for the hearing date of July 1, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 1, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 1, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 1, 2014, incorporated by reference)
B. Conclusions of Law
L 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 Cade codified at
Title I1 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 April 19, 2011, Resolution No. 11-784 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OA LAW AND DECISION & ORDER
CANE NO(S), AZ -14-007; SHP-14-001
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 Conditions of Approval all in the attached Staff Report for the
hearing date of July 1, 2014, 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 zoning is hereby approved with the requirement for
a development agreement with the provisions in the Staff Report for the hearing date of July 1,
2014, attached as Exhibit A.
2. The applicant's request for a short plat is hereby approved per the conditions of approval in the
Staff Report for the hearing date of July 1, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Short Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliulinary and final plat or short plat (UAC 11 -6B -7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be, granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and limit plat or short plat to comply with the current provisions of Meridian City
Code Title 11, if the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC I1-
613 -7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC I1-513-31)).
A modification to the development agreement may be initiated prior to signature of the
CITY OF MERIDIAN FINDINGS OFFACT, CONCLUSIONS OFLAW AND DECISION & ORDER
CASE M(S)- AZ -t4-007; SEP -14-001
-2-
agreement by all parties and/or maybe 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 two (2) year approval period
(UDC 11-513-313).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may he adversely affected by the final action of the
governing hoard may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of July 1, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OFLAW AND DECISION & ORDER
CASE NO(S). AZ -14-007; SHP-I4-ODI
-3-
By action of the City Council at its regular meeting held on the day of J.j
2014,
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED_ N Q
COUNCIL VICE PRESIDENT ICEITII131RD VOTEDD _�--
COUNCIL MEMBER DAVID ZAREMBA VOTED 6S e
COUNCIL MEMBER JOE BORTON VOTED OCq_Q_
COUNCIL MEMBERLUKE CAVENER VOTEDOk . e
COUNCIL MEMBER GENESIS MILAM VOTED Abser�%
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor T y de Weer
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
Dated:
CITY OF MERIDIAN PINDINGS 01? FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CABS NO(S). AZ,14-007; SUP -14-001
-4-
EXHMIT A
STAFF REPORT Hearing Date: July 1, 2014 e 7
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: AZ -14-007; SBP-14-00.1—Sugarman Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, George Sugarman, has submitted an application for annexation and zoning (AZ) of
5.04 acres of land with a C -C zoning district- A short plat (SBP) is also proposed consisting of 4
building lots on 3,99 acres of land for Sugarman Subdivision. See Section IX of the staff report for
more infotrnation.
H. SUMMARY
Staff recommends approval of the proposed AZ and SDP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Plannine & Zonine Commission heard the AZ renuest on .Tune 5. 2014, At the
nublie henrins. the Commission moved to recommend approval of the subject AZ request.
a. Summary of Commission Public Hearimn
L Ln—favor—Laren Bailey
fl. In onnosition: None
iii. Commenting: None
iv. Written testimonv: Laren Bailey
v. Staff presenting a„nlniication: Sonya Walters
A. Other staff commenting an anoileatione None
b. Key Issue(s) of Discussion by Commission:
i. None
e. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstandine Issue(s) for City Council:
i. 1Y4111i
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Sugarman Subdivision AZ -14.007; SHP-14-00 t PAGE I
e.
EXHIBIT A
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M. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14
007 & SEP -14-001, as presented in the staff report for the hearing date of July 1, 2014, with the
following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14007
& SHP-14-001, as presented during the hearing on July 1, 2014, for the following reasons: (You
should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ -14007 & SHP-14-001 to the hearing date of (insert continued
hearing date ]fere) 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 at 1450 W. Ustick Road, in the SW 1/4 of Section 36, Township 4 North, Range
1 West. (Parcel 0: S043633611 1)
B. Owner(s):
George Sugarman
1049 Columbia Circle
Bl Dorado Hills, CA 95762
C. Applicant:
Same as owner
D. Representative:
Laren Bailey, LEI Engineers
3023 E. Copperpoint Drive, Ste, 201
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and short plat. A public hearing is required
before the Planning & Zoning Commission and City Council on the annexation and zoning
application; a public hearing is only required before the City Council on the short plat, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: May 19, and June 2, 2014 (Commission); June 16 and 23
2014 (City Councilt
C. Radius notices mailed to properties within 300 feet on: May 8, 2014 (Commission); Lune lZ
Sugminan Subdivision AZ -14.007: SHP-14.001 PAGE 2
EXHIBIT A
2014 (Q4 Council)
D. Applicant posted notice on site(s) on: May 22, 2014 (Commission); June 20.2014 (City Council)
VL LAND USE
A. Existing Land Use(s) and Zoning: This site consists of agricultural property, zoned RUT in Ada
County,
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural residentiallagricultural property, zoned RI in Ada County
2. Bast: Agricultural property, zoned RUT in Ada County
3. South: Rural residential/agricultural property, zoned RUT in Ada County
4_ West: N. Linder Road; vacant/undeveloped land, zoned C -C
C. History of Previous Actions; None
D. Utilities:
1. Location of sewer: Sanitary sewer service to the proposed development currently exists in
W. Ustick Road.
2. Location of water: Domestic water service to the proposed development currently exists in
W. Ustick Road and N. Linder Road.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There is a ditch that bisects this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated Mixed Use - Communityl (MU -C) on the Future Land Use Map
(FLUM) contained in the Comprehensive Plan.
The purpose of the MU -C designation is to allocate areas where commnnity-serving uses and
dwellings are seamlessly integrated into the urbnn fabric. The intent is to integrate a variety of uses,
including residential, and to avoid mainly single -use and strip commercial type buildings. All
developments should have a mix of at least three land use types. Residential uses should comprise a
minimum of 20% of the development area at densities ranging from 6 tol5 unitslacre.
The applicant proposes to annex the subject property with a C -C zoning district and develop the site
with a 3,600 square foot (s.£) gas station, a 12,500 s.f. retail/commercial multi -tenant building, and a
5,000 s.f. bank. Staff finds the proposal will provide a mix of 3 different types of land uses as desired;
the adjacent properties to the north and east are designed medium density residential (MDR) on the
PLUM, which will provide the residential component desired in this area.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property (staff analysis in italics):
Sugarman Subdivision A2r14-007; SHP-14-001 PAGE
X,XUMIT A
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01FD
The UDC (Table 11-2B-3) requires a 25 foot wide landscape buffer to residential uses along
the north and east boundaries of the site to protect existing and future residential properties.
Currently, there are no residences directly adjacent to the site.
• "Encourage infill development." (3.01.02B)
The subject property is pal of a larger area in the county that is surrounded by City annexed
property, annexation of this infill property will allow city services to be extended to the
property as intended and providedfor.
• "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system," (3.03.03B)
No pedestrian connections are depicted on the concept plan to adjacent properties. Staff
recommends a pedestrian pathway is provided to the north and east for figure
interconnectivity.
• "Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets:' (2.01.04B)
Landscaping is required within the planter islands in the parking areas with development of
this site.
• "Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.) (3.06.02F)
A 25 foot wide landscape bt(fer is required along W. Ustick and N Lin der Roads as shown
on the landscape plan in accord with the standards listed in UDC Table I1 -2A-7 & 11.3B-7.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01,0117)
City services are available and will be extended with the development of the site in accord
with UDC 11-3A-21.
VIIL UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2B-1, the purpose of the commercial districts is to
provide for the retail and service needs of the community in accordance with the Meridian
Comprehensive Plan. Small-scale convenience uses with limited hours of operation and access to
arterial or collector streets are desired in the C -N district.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the C -C zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for a
fuel sales facility, retail shops, and a financial institution are all principal permitted uses in the C-
C zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2B-3 for the C -C zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Tables 11-2B-3 for the C -C zoning district.
E. Off-Stmet Vehicle Parking/Bicycle Parking: Off-street vehicle parking and bicycle parking is
Sugarman Subdivision AZ -14-007; 81HP-14-00 t PAGB4
EXHIBIT A
required in accord with UDC 11-3C-6 for nonresidential uses
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied to annex and zone a total of 5.04 acres of land with a C -C zoning
district. As discussed above in Section VII, the proposed zoning is consistent with the
corresponding FLUM designation of MU -C.
A conceptual development plan is shown on the landscape plan included in Exhibit A.2 that
depicts a 3,600 square foot (s.f.) gas station, a 12,500 s.f. retail/commercial multi -tenant building
and a 5,000 s.f. bank with a drive-thru. The drive-thru is shown on the east side of the structure
adjacent to the east boundary of the site next to land that is designated for residential uses on the
PLUM. Staff recommends the drive-thru is relocated internally to lessen noise impacts on
future adjacent residences; the plan should be revised accordingly prior to the City Council
meeting.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and rezoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-651 IA. In order to ensure the site develops as proposed with this
application, staff recommends a DA is required as a provision of annexation with the provisions
included in Exhibit B.
Becatrse the FLUM designation for this property is MU -C, which allows for a mix of.community
serving uses, Staff believes the proposed C -C zoning is appropriate for this property.
2. Short Plat
The proposed short plat consists of 4 building lots on 3.99 acres of land in a proposed C -C zoning
district.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2B-3. A 25 -foot wide landscape street buffer is
required along Ustick and Linder Roads and a 25 -foot wide landscape buffer is required along the
north and east boundaries adjacent to existing and future residential uses. There are no required
building setbacks other than those where landscape buffers are required; buildings may not
encroach within the buffers. The landscape plan should be revised to reflect the required street
buffer widths and landscaping in accord with UDC Table 11-213-3 and I1 -3B -7C respectively
prior to the City Council meeting.
Existing Structure(s): There are no existing structures on the site.
Access: Access to this site is proposed on the plat via W. Ustick Road and N. Linder Road. Staff
recommends access to N. Linder Road is restricted to right-in/right-out and access to W. Ustick
Road should be determined by ACHD. Staff has not yet received theACHD report.
An access easement is depicted on the plat, centered on the common lot line between Lots 3 and
4, from W. Ustick Road to the north property boundary for future interconnectivity and to the
west boundary across Lots 1-3.
Access is not available to this site via a local street. Where access to a local access is not
available, cross -access /ingress -egress easements are required to be granted to adjoining
Sugarman Snbdivisian AZ -14-0x7; SHP-14-001 PAGE
EXHIBIT A
properties in accord with UDC l 1 -3A -3A.2. Therefore, staff recommends that cross -Recess is
provided to the property to the north as shown on the plat. However, staff does not recommend
cross -access is provided to the east; staff believes one access to the adjacent fuhtreresidential
neighborhood is sufficient.
Utilities: Street lighting is required to be installed within and adjacent to the development in
accord with the City's adopted standards, specifications and ordinances. All development is
required to connect to the City water and sewer system unless otherwise approved by the City
Engineer in accord with UDC 11-3A-21.
Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in
the subdivision as proposed in accord with UDC 11-3A-15.
Storm Drainage: A storm drainage system is required for the development in accord with the
City's adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City in accord with UDC 11 -3A -18 -
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted us shown in Exhibit A.3. A minimum 25 -foot wide street buffer is required along N.
Linder Road and W. Ustick Road; and a minimum 25 -foot wide buffer is required along the north
and east boundaries of the site adjacent to existing and future residential uses. Landscaping within
these buffers is required to comply with the standards listed in UDC 11 -3B -7C and 11-313-9C
respectively.
The sheet buffers are required to be depicted on the face of the plat within a common lot or on a
permanent dedicated buffer and a note should be included stating the buffer will be maintained by
the property owner or business owner's association. The buffer to residential uses is required with
development of each lot and is required to be a minimum of 25 feet wide.
Tree Mitigation: There are no existing trees on the site.
Sidewalks: Detached sidewalks are required along arterial streets as set forth in UDC 11-3A-17.
Attached sidewalks were recently constructed by ACHD with the intersection improvements
along the frontage of the site on Linder Road and most of Ustick Road, except for 150+1- feet
near the cast boundary. In the area where no sidewalk exists, a detached sidewalk is required to
be constructed in accord with UDC requirements.
Pathways: There is not a regional pathway designated on the Master Pathways Plan for this site.
However, the pathway system crosses the right-of-way at the southwest corner of the site from
the south and continues to the west.
The concept plan does not depict any pathways to adjacent properties. To promote neighborhood
interconnectivity, staff recommends pedestrian pathways are provided to the north and east. The
concept plan should be revised accordingly.
Waterways: A ditch bisects this site from east to west. All ditches on the site are required to be
piped unless waived by City Council in accord with UDC 11 -3A -6A. The final plat should depict
the easement for the ditch on the face of the plat.
Floodplain: This site does not lie within the Meridian Ploodplain Overlay District.
Bnilding Elevations: The applicant did not submit conceptual building elevations for the future
structures within this development. Future development is required to comply with the design
standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual.
Fencing: No fencing is depicts on the landscape plan. The site plan depicts an existing fence
around the perimeter of the property. All fencing should comply with the standards listed in UDC
11 -3A -6B and 11-3A-7.
Sugarman Subdivision AZ -14-007; SHP-14-001 PAGH6
EXHIBIT A
In summary, Staff recommends approval of the proposed annexation aid short plat request for
this site withh a development agreement and the recommended conditions listed in Exhibit B of this
report in accord with the findings contained in Exhibit C.
X. EXIIIMS
A. Drawings/Other
1. Vicinity Map
2. Proposed Final Plat (dated: 4/21/14)
3. Proposed Landscape Plan (dated: 9/9/13)
4. Site Plan (dated: 3/14/14)
B. Agency & Department Comments/Condifions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
Sugmmm Subdivision A7 14-OD7; SHP-I4-00I PAGB7
EXHIBIT A
A. Drawings
1. Vicinity Map
Exhibit A Page 1
2. Proposed Final Plat (dated: 4/21/14)
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDMONS
1. PLANwNGDEPAHTmFNT
1.1 Site Specific Conditions of Approval
1.1-1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be
signed by the property owner and returned to the City within two (2) years of the City Council
granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's
office prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
a. Direct lot access to W. Ustick Road and N- Linder Road is prohibited except for the access
points approved with the plat in accord with UDC 11-3A-3. Access to N. Linder Road shall
be restricted to right-in/right-out and access to W. Ustick Road shall he determined by
ACRD,
b. Future development of this site shall be generally consistent with the conceptual development
plan shown on the landscape plan in Exhibit A.2, except for the drive-thru shall be relocated
(if proposed) internally and not be located along the east or north boundaries of the site
adjacent to existing and future residential properties.
c. A drive-thru establishment shall not be located along the north or east boundaries of the site
adjacent to existing and future residential uses.
1.1.2 The final plat included in Exhibit A.2 dated 4/21/14 shall be revised as follows:
a. Depict an irrigation easement on the face of the plat for the waterway that bisects this site.
1.1.3 The landscape plan included in Exhibit A.3 dated 9/9/13 shall be revised as follows:
a. The drive-thnr depicted at Hie east boundary of the site should be relocated internally as noted
above in condition #1.1.1b.
b. Depict a minimum 25 -foot wide street buffer along N. Linder Road and W. UstickRoad and
landscaping in accord with UDC Table 11-213-3 and 11-313-7C respectively. The street bt fifer
width is measured from the back of the existing sidewalk where the sidewalk is attached to
the curb and from the back of curb where the sidewalk is detached.
c. Depict a minimum 25 -foot wide buffer to residential uses along the north and east boundaries
of the site in accord with UDC Table 11-2B-3.
d. The drive-thru shall be relocated (if proposed) internally and notbe located along Hie east or
north boundaries of the site adjacent to existing and future residential properties.
e. Depict pedestrian connections the north and east for future interconnectivity.
L 1.4 In the area where no sidewalk exists along W. Ustick Road, a minimum 5 -foot wide detached
sidewalk is required to be constructed in accord with UDC I1 -3A-17.
1.1.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC
Table 11-2-A-5.
3-
EXHIBIT A
1.2.2 Comply with all provisions of I 1-3A-3 with regard to access to streets. Direct lot access to N.
Linder Road and W. Ustick Road is prohibited except for the access points approved with the
plat.
1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.5 Provide a pressurized irrigation system consistent with the standards as Net forth in UDC 11-3A-
15, UDC I1 -3B-6 and MCC 9-1-28.
1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-51
1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B -
7C.
1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313-
11C.
1.2.11 Construct all parkways consistent with the standards as set forth in UDC l l -3A -17S, l l 3G -3B5
and I1 -313-7C.
1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.13 Protect any existing trees on the subject property that are greater than four inch caliper and/or
mitigate for the loss of such trees as setforth in UDC 11-313-10.
1.2.14 Comply with all provisions of UDC 11-3A-3 withregard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-30-3171.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
13.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC I1 -3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed featureswithin the clear vision triangle consistent with the standards in UDC 1I -
3A -3.
-4-
EXHIBIT A
1.4 Process Conditions of Approval
1.41 No signs are approved with this application. Priorto installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC I1 -5C -3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as setforth in UDC 11 -6B -3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B -
7B (if applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
asset forth in UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC I 1-313-14A.
2. PUBLIC WORKSDEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The applicant shall be responsible for the construction of water and sewer mains from their
current points of terminus to and through the proposed development. The construction of these
ai ns is allowed to be deferred nntiI after a user is identified nt the time of buil din g permit,
Surety is ren, uired to hean kd for the cost of these cervices prior to City Engineers'gnotura me
2.1.2 The pre -directional indicators need to be added to the final plat map (N. Linder Road, and W.
Ustick Road).
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub -grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHMIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
-5-
EXHIBIT A
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should he required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -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.
2.2.5 All existing structures that arra required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.2.7 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 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.
2,2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment proceduresand
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy -
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 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.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11 -I2 -3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
-6-
EXHIBTP A
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.2.19 The applicants design engineer shall be 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 ACRD. 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.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall he required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing streetlights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 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 signature. 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. Please contact Land Development Service for more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post 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. Please contact Land Development Service for more information at 887-2211.
3. POLICEDEPARTMENT
3.1 The Police Department has no concerns with this application.
4. FIREDEPARTMENT
4.1 The Fuc Department has no comment on this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comment on this application.
6. PARKS DEPARTMENT
6.1 The Park's Department has no comment on this application.
7. ADA COUNTY HIGHWAY DISTRICT
Comments have not yet been reeelved from ACHD on this applicarlon.
-7-
EXHIBIT A
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EXHIBIT A
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon reconmtendatimt from the Commission, the Council shall make a fn]] investigation
and shalt, at the public hearing, review the application. In order to grant an annexation, 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 annex the subject property with a C -C zoning district. The City
Council finds the proposed use of the site is consistent with the applicable provisions of the
Comprehensive Plan and should be compatible with future adjacent residential uses if the site
is developed in accord with the conditions of approval in Exhibit B (see section VII above for
more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the C -C zoning district is
consistent with the purpose statement for the commercial districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
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 City 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.
e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E).
The City Council finds annexing this property with a C -C zoning district is in the best interest
of the City.
2. Short Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a, The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the
adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please
see Comprehensive Plan Policies and Coals, Section VII, of the Staff Report for more
information.
to-
EXHIBIT A
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be, provided by the development
at their own cost, the City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The City Council finds there is public financial capability of supporting services for the
proposed development based on comments from the public service providers (i.e., Police,
Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.)
e.. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council finds the proposed development will not be detrimental to the public
health, safety or general welfare.