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Kinsley MDA 14-004ADA COUNTY RECORDER Christopher D. Rich 2015-008811 BOISE IDAHO Pgs=41 LISA BATT 02/04/2015 11:37 AM MERIDIAN CITY NO FEE 111111111111111111111111111111 1111111111111111 111 00062946201600088110410410 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. D.L. Evans Bank, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of a vl ,�,0'1'by and between City of Meridian, a municipal corporation of the State of Idaho, her- afterr ca ed CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and D.L. Evans Bank, whose address is 2560 E. Fairview Avenue, Meridian, Idaho 83642, 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 § 67-6511 A 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 11-513-3 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 the Modification of a Development Agreement to exclude the property from the original development agreements (Instrument #105184653 and #108101151) for the sole purpose of entering into a new one on 3.42 acres described in Exhibit "A". Owner/Developer also requested a rezone of the property from L -O (Limited Office) and R-15 (Medium High density residential) to C -C (Community Business District), 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 Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT —KINSLEY (MDA— 14-004) PAGE 1 OF 8 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the 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 further testimony and comment; and 1.7 WHEREAS, on the 21" day of October, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation 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 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 D.L. Evans Bank, whose address is 2560 E. Fairview Avenue, Meridian, ID 83642; the party that is DEVELOPMENT AGREEMENT - KINSLEY (MDA - 14-004) PAGE 2 OF 8 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 re -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 THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Development of this site shall substantially comply with the site plan, landscape plan and bank elevations in Exhibit A of the Findings of Fact and Conclusions of Law (Staff Report). 5.1.2 Future development of Lots 2 and 3, Block 1 shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 5.1.3 Development of the subject property shall comply with the C -C standards listed in UDC 11-213-3. The uses allowed pursuant to this agreement are those uses allowed in the C -C zoning district listed in UDC Table 11-2B-2 except for the following: animal care facility, dispatch center for mobile services, drinking establishments, minor vehicle repair, equipment rental, sales and service, wireless communication facility and vehicle sales and rentals. 5.1.4 Any future drive-through use on the site (Lots 2 or 3, Block 1) shall comply with the specific use standards set forth in UDC 11-4-3-11. 5.1.5 All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 5.1.6 The Property and this development are no longer subject to recorded Development Agreement Instrument # 105184653 and Instrument #108101151. DEVELOPMENT AGREEMENT - KINSLEY (MDA - 14-004) PAGE 3 OF 8 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: 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 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 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. DEVELOPMENT AGREEMENT - KINSLEY (MDA - 14-004) PAGE 4 OF 8 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the 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, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer 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, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 O WNER/DEVELOPER: D.L. Evans Bank 2560 E. Fairview Avenue Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPMENT AGREEMENT - KINSLEY (MDA - 14-004) PAGE 5 OF 8 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/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: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 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 DEVELOPMENT AGREEMENT - KINSLEY (MDA - 14-004) PAGE 6 OF 8 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 ofthe 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. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: D. L. Evans Bank 2 U By: STATE OF IDAHO ) ss: County of Ada, On this day ofjaakar , 2014r,befo me, the undersigned, a Notary Public in and for said St e, p rsonally apeared ,�,, a �,�t , known or identified to me to be the .,,, of D.L. Evans Bank, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) �'°,..,�.`� Notary Public daho 0 ye`i Residing at: i My Commission Expir s: 01-30-19 a '°00000° r oma® STATE OF IDAHO ) ss County of Ada On this day of ryov"� , -I@-t4, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L$olman, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certif Cate first above written. N x F � o (SEAL){z NotaryPublic for Idaho Residing at: a.✓1. ¢"e�t�f, t"�(' .>•' .` Commission expires: a,y-y L4 y DEVELOPMENT AGREEMENT — KINSLEY (MDA — 14-004) PAGE 8 OF 8 January 7, 201+1 Pl(ojecl No. 113116 Riddled IlPscriltilon Kinsley Subdivision 3A2 Acres EXHIBIT A r,r - I I frli S.A%M (411$11P, tNC: Exhibit "A" page. 1 of 1 A tract of fantf 5lturrtrrl ht the Sodrth% esr One Lluarter of the Northwest One Quarter of Section 11, Township 3 North, Range 1 Wt -,5l, Ildnlse Marldlan, City of Meridian, Ada County, Idahn, descrihad as foliows: BEGINNING at the West One Quarter Corner of said Section it, thence following the westerly line of said Seciloo 11, Notth @°iT0'Ofi" Vmv a distance of 518.30 Beet, Thence leaulog said westerly lane, North 89`59'20" East a distance of 143.99 feet; Thence South 010070" East a distance of 3,1.09 facet; thence Nnrth 8;3'59'10" East a distance of 49 IM feet; Thence South 0`04'40" fast a distance of 323.37 feet; ThcAce 5uuth 89°59'20" West a distance of :1.09 feet; Thence Sodth 0'22'5G" West a disianw cal 50.50 feet; Thence South 89'37'08" East a distance of 55.12 feel,- Thence eel;Thence South 0°26'08" We.sl a distance of 132.37 fret to the southerly thre of the said Southwest One Llararler of the NorthwasT One Quarler of Section 11; Thence following said southerly Ilne, North 119`36'16" West a distance of 325.91 feet to the POINT OF 3EGINNING. The ahos'e-descrllied tract of land contains 3.42 acres more or less, subloct to all existing easements dodt ffghts-of-way. Attached hereto is Uliilrlt "13' and by this reference is made a port hereof. Prepared By. TH f LAND GROUP, INC. 462 F. SHORE RRIYI', 5t11TE 100 tl*Gtl, IDAHO 83616 Kinsley — MDA 14-004 fentevettaw!i;u � • ++�, t+."�,I CITY OF MERIDIAN N �� FINDINGS OF FACT, CONCLUSIONS OF LAWCA0 -- AND .?j a1 P4 t DECISION & ORDER In the Matter of the Request for Rezone of Approximately 3.42 Acres to the C -C Zoning District, Combined Preliminary/Final Plat Consisting of 3 Commercial Lots on 2.61 Acres, Conditional Use Permit for a Drive-through Establishment and Extended Hours of Operation AND Development Agreement Modification to Exclude. the Property from the Recorded Development Agreements (Instrument #'s 105184653 and 108101151) and Enter into a New One, for the Property Located on the Northeast Corner of N. Ten Mile Road and W. Pine Avenue, by D.L Evans Bank. Case No(s). RZ-14-003, PFP-14-001, CUP -14.002 and MDA -14-004 For the City Council Hearing Date of: October 7, 2014 (Findings on October 21, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 7, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the bearing date of October 7, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 7, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 7, 2014, incorporated by reference) B. Conclusions of Law I . The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified 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 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 comments) 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 OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 -1- 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 C, 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 October 7, 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 rezone, combined preliminary/final plat, conditional use permit and development agreement modification is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of October 7, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Combined Prelirninary/Final Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final. plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). 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 I1-6:13-7.13). Upon written request and filed by the applicant prior to the termination of the period in accord with I 1-613-7.A, the Director may aUthOrize a single extension of time to obtain the City Engineer's signature on tile 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 prelirainary and final plat or short plat to comply with the current provisions of Meridian City Code Title 1.1.. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 613-7Q. Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit,.when granted, shall be valid fora maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ- 14-003, PFP- 14-001, CUP -14-002 and MDA- 14-004 -2- Upon written request and filed by the applicant prior to the termination of the period in accord with I I -513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (t) two (2) year period. Additional time extensions tip 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 conditional use comply with the current provisions of Meridian City Code Title I I (UDC I I -513-6F). 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 11-513-31)). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F), E. Notice of Final Action and Right to Regulatory Takings Analysis Z> 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 6 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 be adversely affected by the final action of the governing board 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 October 7, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ- 14-003, FIFP- 14-001, CUP -14-002 and MITA-14-004 -3- By action of the City Council at its regular meeting held on the day of.. 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL, VICE PRESIDENT KEITH BIRD VOTED 040,— COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BOR'I'ON VOTED L , q COUNCIL MEMBER LTJKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED 14t -0— MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor-°Tmnmy- l'6 Wmrd- Attest: Ciiv of 4 ?l .)I)IAI'.1. Jaycee Ifo nan, City Clerk V-, E. t Copy served upon Applicant, The Plamin-0epa'rth� fit, Public Works Department and City Attorney. BY -1 ---_ _ Dated: to ID Z)/%_/ City lie •k Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 -4- STAFF REPORT HEARING DATE: TO: FROM: S UBJ ECT: EXIIIBIT A October 7, 2014 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 Bruce Preckleton, Development Services Manager 208-887-2211 Kinsley — RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 I SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, D.L. Evans Bank, has applied for the following: 1) a rezone (R7_,) of approximately 3.42 acres from the L -O (Limited Office) and R-15 (Medium i-ligh-density Residential) zoning districts to the C -C (Community Business) zoning district, 2) a combined preliminary/final plat (PFP) consisting of three (3) commercial building lots on approximately 2.61 acres of land in a proposed C -C zoning district; 3) a conditional use permit (CUP) for a drive-through establishment within 300 feet of a residential district and extended hours of operation; and 4) a development agreement modification (MDA) to exclude the property from the recorded development agreements and enter into a new one. See Section VII, VIII & IX.for rrtcrre irrfor•mulion, I1. SUMMARY RECOMMENDATION Staff recommends approval of the proposed R7, PFP, CUP and MDA applications with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission heard these items on September 4, 2014, At the public hearing, the Commission voted to recommend approval of the subject RZ, PFP and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Jason Densmer ii, In opposition: None iii. Commenting: None iv. Written testimony: Tamara Thompson v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s)- of Discussion by Commission: i. None c. Key Commission Changes) to Staff Recommendation i. None d. Outstanding Issue(s) for City Council: i, Right-in/right-out only access to Pine Avenue. ACHD supports the proposed ac -cess Rot int• Kinsley- R/. PFP, CLIP and MICA PAGE I EXHIBIT A The Meridian City Council heard these items on October 7, 2014. At the nublie hearjn�z Council annroved the subject RZ. Pr -4P, CUP and MAA rennest 'ummary of City Council Public Hearing: L In favor: Tamara Thompson jL in oppositjon: None RL Commenting: Jessica Aguilar j-Y� Written testimony: Tamara Thomnso L Staff nresentjng annlication: Bill Parsons A Other staff comntent'rnu on annlication: None j, Key Issues of Discussion by Council: L Hours of operation. jL Timing for the clean -un of the nroneJ:jy. Key Council Changes to Staff/Commission Recommendatjon L Condition 1.3.1a was modified to allow the rjght-in/0gllt-out access to Ten Mile Road City Council's and ACHD's annroval. III:. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-14- 003, PFP-14-001, CUP -14-002 and MDA -14-004 as presented in the staff report for (lie hearing date of October 7, 2014, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, Z move to deny File Numbers RZ-)4-003, PFP-14-001, CUP -14-002 and MDA -14-004 as presented in the staff report for the hearing date of October 7, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers .RZ-14-003, PFP-1.4-001:, CUP -14-002 and MDA -14-004 to the hearing date of (insert continued hearing Mate here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the northeast corner of N. Ten Mile Road and W. Pine Avenue, in the NW 1/4 ofSection 1 1,Township 3 North, Range 1 West. (Parcel #S1211233735) B. Applicant/Owner: D.L. Evans Bank 2560 E. Fairview Avenue Meridian, Idaho 83642 C. Representative: Tamara Thompson, The Land Group Inc. 462 E, Shore Drive Eagle, Idaho 83616 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subJect applications are for a rezone, combined preliminary/final plat, conditional use permit Kinsley - RZ. PF'P, CUP and M DA PACIE 2 EXHIBIT A and development agreement modification. A public hearing is rewired before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications publishedon: March 31, and April 14, 2014 (Commission); Setntembei 1.5, and 29, 2014 (Council) C. Radius notices mailed to properties within 300 feet on: March 20, 2014 (Commission); September 11, 2014 (Council) D. Applicant posted notice on site by: April 7, 2014.and Reposted on August 22, 2014 (Commission); September 25, 2014 (Council) VI. LAND USE A. Existing Land Use(s): The property is currently vacant commercial and residential property, zoned L -O and R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Residential subdivision, zoned R-15 South: Vacant commercial property, zoned C -C East: Multi -family development, zoned R-15 West: Vacant and developed residential properties, zoned R-15 and R-8 C. History ofPrevious Actions: • In 2000, the property received annexation, preliminary plat and conditional ase- permit approval (AZ -00-006, PP -00-005 and CUP -00-014) for Valeri Heights Subdivision. Due to a number of factors, the Valeri Heights protect was never constructed. A development agreement was required with the annexation of the property (instrument 41001-03906). • 1n 2004, the City Council approved a new preliminary plat (PP -04-035), conditional use permit (CUP -04-040) and development agreement modification (MI -04-01 1) for Sommersby SuGbdivision. As part of the Sommersby DA modification, the Valeri Heights DA was terminated and replaced with a new DA which recorded as instrument #105184653. • In 2005 and 2006, the City approved two phases of the Sonnmersby Subdivision (FP -05-071 and FP -06-024) which has developed with a mix of siingle family detached homes; townhornes and multi -family. • In 2008, the property received final plat approval of the third phase (FP -08-020) and an amendment to the recorded DA recorded as instrument #108101151. The app] icant failed to obtain signature on the plat therefore the plat has expired. D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the subject site was installed as part of the Sommersby Subdivision. 2. Location of water: Water mains intended to provide service to the subject site was installed as part of the Sommersby Subdivision. 3. Issues or concerns: None E. Physical Features: 1, CanalslDitehes Irrigation: No rnajor facilitiesexist on this property. 2. I:lazards: NA Kinsley — RZ. PFP, CUP and NIDA PAGE 3 EXHIBIT A 3. Flood Plain; This property is not within the flood plain. VTI. COMPREHENSIVE PLAN ANALYSIS This property is designated "Mixed Use Community" on the Comprehensive Plan Future land Use Map. The requested rezone to the C -C zoning district is consistent with the MU -C land use designation, The purpose of this land use designation is to allocate areas where community -serving uses and dwellings are integrated into the urban fabric, The ;intent is to integrate a variety of uses, including residential, and to avoid mainly single -use and strip commercial type buildings. The vacant property was always intended for a mixed use development and was planned with the multi -family development to east. This is the last remaining vacant- property approved under the planned development to develop with the commercial uses to serve the area. Because the site is developing in the context of a mixed-use development, staff finds the proposed uses (bank and retail) are consistent with the Comprehensive Flan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): I, "Require all commercial development and industrial businesses to install and maintain landscaping." (2.07.038) A 25 -foot wide landscape buffer is required adjacent to TV. Pine .Avenue and N. Ten Mile Road; a 10-fiaot Icrrrciscczpe huffier is required acl'jacent to the private streets in accord with UDC I1 -3B - 7C, 2. "Permit nese developnnent only where urban services can be reasonably provided at the time of Final approval and development is contiguous to the City." (3,01.01 F) Cite services are readily available to serve the proposed commercial development 3. "Encourage infill development in vacantlundeveloped areas within the City over fringe area development to halt the outward progression of urban development." (5.01.028) The proposed development is Gun rrfll pro ect consistent with this ohfeetive. 4. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties." (3.03.020) The applicant is proposing right-inlright-out only access. j -om Pine Avemee acrd a northern access to W, Acarrea consistent ivith the UDC, 5. "Plan for a variety of commercial and retail opportunities within the Area Of City Impact." (3.05,01,) This area of'Meridian lacks many commercial services including the financial institution and retail uses. When the &n7mersby project was approved, it 'tiers envisioned that once uses worrlc accompany the residential uses. Xom, that the Ten Mile .Interchange is completed, N, Ten Aide Road is transitioning into a major mobifl v corridor facilitating the need to provide neighborhood friendly cornrnercial arses in the area. Given the scene and bulk of the proposed commercial development, staff is of the opinion that the proposed services will complermrtt the e, istirr T residential uses in the area and provide various commercial opportunities that are currently lacking in the area: 6. "Protect existing residential properties from incompatible land use development on adjacent parcels," (3.06.01 F) The property has always been contemplated for commercial uses and the original concept plan integrated the q jice uses ivith the multi-farrrily arses. The applicant is proposing more intense Kinsley — RZ. PFT, CUP and MDA PAGE 4 EXHIBIT A commercial uses holt ever the commercial buildings are oriented awayfrom the 7312 hi—jandly butildings (incl sep(rratecl by pclrking (11711andscaping. St(lff bel eves there is adequate transitioning, between the proposed co7717i1ei'elal developtnetiI and the existing milli -fancily developn7ent, 7. "Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontagelbackage roads." (3;03.02N) The applicant is ,seeking al)proval for a right-in/right-oast access to Pirie Avenue. .Staff is sarpportive of the Pine Avenue access. The CIDC restricts access to arterial streets when local Street access is provided A northern access to W Acarrea is prol)ob'ed consistent with the UDC. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (IIDC) A. Purpose Statement of Zone(s): BUSINESS COMMUNITY DISTRICT (C -C) - 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_ Six 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 in proximity to streets and highways. B. Schedule of Use: Table I 1-213,2 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. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-213-3 for the C -C zoning district. D, Landscaping: • Street buffer landscaping shall be installed in accordance with the standards I isted- in UDC Table 11-213-3 and UDC 11-313-7C for the C -C zoning district. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-313-8C. 1✓, OCL' -Street Parking: Off --street parking is required in accord with UDC 11 -3C -6B for the proposed commercial lots. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE (RZ) AND vcvLtaOPMrN'rAGRE MEnT MODIrtCA'('toN (MDA): The applicant is proposing to rezone the property from the L -O and R-15 zoning districts to the C -C zoning district to develop the site with a bank and two (2) retail pad sites consistent with the _proposed FLUM designation of MU -C. The proposed concept plan depicts three (3) building footprints ranging in size between 4,200 square feet and 6,000 square feet, the proposed accesses, the parking and associated landscape improvements. A concurrent conditional use permit was also submitted to establish a drive- through for the proposed hank site (Lot 1, Block 1). The other drive-through depicted oil Lot 2, Block 1 is not approved and will require the approval ofa conditional use permit to establish the use. In general, staff is supportive of the proposed concept plan. Kinsley — V. P111, CUP and MDA PAGE 5 EXHIBIT A Underthe existing zoning (L -O and R-15), the proposed retail and drive-through uses and extended hours are not allowed, The recorded development agreement also restricts the property from developing with any drive-through uses. Although the applicant has submitted a viable concept plan, the only development proposed for the site is the bank and associated drive- through. The other two pad sites are speculative at this time. Because the proposed commercial development abuts a residential district, specific development plans are not proposed for Lots 2 and 3, Block 1 and transitional zoning is not proposed, staff is recommending restricting specific uses from developing on the property. In order to develop the property as proposed, the applicant has submitted a concurrent development agreement modification to exclude the property from the recorded development agreements and enter into a new one. Staffs recommended DA provisions are provided in Exhibit B. PRELIMINARY/FINALPLA`r (PFP): The proposed plat consists of three (3) commercial lots on approximately 2.61 acres of land in a proposed C -C zoning district. The three (3) commercial lots range in size between 29,136 square feet and 51,818 square feet respectively. Tile UDC does not have a minimum lot size standard for the commercial development and the required landscape buffers meet the dimensional standards ofthe UDC as noted below. Access: UDC 1.1-3A-3 requires the commercial development to take access from the internal private streets as contemplated with the Sommersby project. The applicant is seeking Council waiver for a right-in/right-out access point to W. Pine Avenue and no access is proposed toN. Ten Mile Road. Staff supports the right-in/right-out access to W, Pine Avenue because it is currently restricted with a center median, Over the last several months, the applicant has been coordinating with the Sommersby HOA for a northern access to W.Acarrea Lane. The revised plan in Exhibit A.6 depicts the northern access and the removal of tile Ten Mile access. Currently, the landscape and the preliminary plat still show a Ten Mile Road access, however conditions are provided in Exhibit B prohibiting access to Ten Mile Road. Prior to signature on the final plat, the applicant must provide a recorded reciprocal cross access agreement behveen the multi -family development and the proposed commercial development for the right to connect/access W. Acarrea Lane. Since the proposed commercial development has limited access to the adjacent arterial streets, a note ati the submitted plat states all commercial lots within the development have a reciprocal pedestrian and vehicular cross access easement. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.5. The landscape plan depicts the required 25 -foot wide landscape buffer adjacent to W. Pine Avenue and N. Ten Mile Load. The street buffer landscaping complies with the standards in accord with UDC I 1-313-7C however; the plan should be revised that includes a continuous 25 - foot wide landscape buffer along the entire Ten Mile frontage. The 25 -toot wide landscape buffer between the commercial and residential uses is not required along the north and east boundary because the existing uses are separated from the proposed commercial development by private streets, Therefore, the landscape buffers on the submitted plan comply with the dimensional standards of the UDC. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize 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 ofassessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation Kinsley — Rl.. I'M CUP and NIDA PAGF 6 EXIIIBIT A system should be installed to all landscape areas per the approved specifications and in accordance with UDC 1 1-3A-1.5 and MCC 9-1-28, Sidewalk: Currently, 7 -foot wide attached sidewalks are constructed on W. Pine Avenue and N. Ten Mile Road installed with the widening of Ten Mile Road and the reconstruction of the intersection, Staff is not recommending the removal of the new sidewalks with the proposed connnercial development. CUP: With the development of Lot 1, Block 1 the applicant is proposing to construct a 4,750 square foot bank with associated drive-through. The UDC requires a conditional use permit if drive-through establishments are within 300 feet of a residential district Subject to specific use standards listed below, Although the submitted site plan depicts two (2) drive-through uses staff is only analyzing the bank drive-through as part of the subject application. Any other future drive-through use must obtain approval of another conditional use permit. The drive-through use shown on Lot 2, Block 1 is not approved with the subject application. Drive-through Establishment: Per UDC 11-4-3-11, the following specific use standards apply to the proposed drive-through uses as follows: A. All establislnnents providing drive-through service shall identify the stacking lane, speaker location, and window location on the plans submitted with the Certificate of Zoning Compliance (CZC) application. The speaker locations and window locations are not shown on the submitted site plan, These items nnust be included on the revised plans submitted with the CZC application. Further, financial institutions usually provide self service facilities (ATM) for their patrons. The submitted site plan does not depict the location of one, f cttn ATM is proposed, the site plana needs to be revised to indicate the location of the ATM machine which inust comply with the self-service standards outlined in [JDC 11-3A- 16. B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. The design ref the drive-thn crrrgh fox• tine bank (southern Fad site) provides three (3) drive-through lungs and an avit lung to allowfin- the stacking of vehicle and provide adequate site circulation. C, The stacking lane shall be aseparate lane ii•om aIle circulation lanes needed for access and parking. The drive-through slacking lanes are separate i•onn the circulation lanes needed for access and parking in accord with this requirement. D. The stacking lane shall not be located within tell feet (W) of any residential district or existing residence. X/1 (The proposed stacking lanes are not withinr 10 feel of u residential district or residence) E. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. The applicant has provided the required escape lane. Site Plan: Staff has reviewed the submitted site plan and requires the necessary revisions prior to the submission of the certificate of zoning compliance (CZC) application liar each of die pad sites. 1) Provide a bike rack detail. 2) Pedestrian walkways must be provided from the perimeter sidewalks to (lie plain building entrances and distinguish the walkways from the vehicular driving surface tl)i-ough the use of pavers, colored or scored concrete, or bricks, per UDC 1.1 -3A -19A.4. 3) Relocate the existing mail kiosk oil the west side of the northern access to a more internal location within the Sommersby development. Prior to signature on the final plat the Kinsley — RZ. ]IFT, C'L311and iN/1DA PAGE 7 EXHIBIT A applicant should coordinate with the Post Master and the IIOA on an appropriate location for the mail kiosk. 4) Construct a passive traffic calming design element (such as bulb -outs or chokers) on the west side of the batiks drive-through area to deter vehicles from entering the bank drive- through from the wrong direction. 5) Sign and stripe the banks drive-through area one-way. Parking: Based on the overall square footage (s.f.) of the three (3) buildings, approximately 14,950 s.f., a minimum of 30 vehicle parking spaces are required to be provided onthesite. A total of 87 parking stalls are proposed, consistent with UDC requirements. Based on the number of vehicle parking stalls provided (87), a bicycle rack capable of holding a minimum of three (3) bicycles is required to be provided per UDC 1.1 -3C -6G in accord with the standards listed in UDC 11 -3C -5C. With future CZC submittal, each building on the site will responsible for provided abike rack for each of the proposed pad sites in accord with this requirement. Landscaping: Parking lot landscaping is required to comply with the standards listed in UDC 1 I - 3B -8C. The landscaping shown on the plan substantially complies with these standards. With the submittal of the CZC application, all parking lot landscaping must comply with the landscape standards set forth in UDC 11-313-8C. Lighting: Outdoor lighting is required to comply with the standards listed in UDC I 1-3A-1 1. if any fixtures are proposed that have a maximwn output of 1,800 lumens or more, a photometric report is required to be submitted with the Certificate of Zoning Compliance application. Hours of Operation: The UDC (11-2B-3AA) restricts hours of operation on the site when abutting a residential district to the hours between 6 am and I I pill in C -C zoning district. Elowever, extended hours of operation may be extended through the conditional use process. As part of the application submittal the applicant is seeking approval for extended hours of operation, In the submitted narrative the applicant is proposing the future businesses be limited to the hours of operation between 5 am and 12. am; 7 days a week. Since the commercial development to the south was approved with similar hours of operation, staff is supportive of the proposed hours of operation. Building Elevations: The applicant has Submitted sample elevations of tile bank and a rendering of a retail building, Staff is of the opinion that both renderings are consistent with the design standards set forth in UDC 11-3A-19. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the commercial development. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Summar: In summary, staff finds the proposed project complies with the applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application, X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Legal Description & Exhibit Map of Rezone Area Kinsley —121, IT11, CUP and MDA PAGE 8 EXHIBIT A 3. Proposed Preliminary Plat (dated: 03/04/14) 4. Proposed Final Plat (dated: 02/26/14) 5. Proposed Landscape Plan (dated: 09/25/14) (REVISED) 6. Proposed CUP Site Plan (dated: 09/25/'14) (REVISED) 7, Proposed BUilding Elevations B. Conditions of Approval C. Required Findings from Unified Development Code Kinsley —R/,. IIFP, CUP and MDA PAGE, 9 EXHIBIT A Exhibit AA: Vicinity Map Vicinity Map o 0.15 o: Miles 0 -. . 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PFP, CUP and IMDA PAGE 10 EXHIBIT A Exhibit A.2: Legal Description & Exhibit Map of Rezone Area January 7, 2014 Project No, 113116 Rezone Description Kinsley Subdivision 3.42 Acres Page 1 o 1 d r 11116 C.A'N0 0110W., IML Exhibit "A" A tract of land situated in the Southwest One Quarter of the Northwest One Quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at the West One Quarter Corner of said Section 11, thence following the westerly line of said Section 11, North 0°00'06" West a distance of 528.30 feet; Thence leaving said westerly line, North 89°59'20" East_a distance of 193.99 feet; Thence South 0°00'40" East a distance of 34,00 feet; Thence North 89°59'20" East a distance of 81.00 feet; Thence South 0°00'40" East distance of 323.37 feet; Thence South 89°59'20" West a distance of 3.00 feet; Thence South 0°22'56" West a distance of 50.50 feet; Thence South 89°37'04" East a distance of 55.12 feet; Thence South 0°26'08" West distance of 122.37.feet to the southerly line of the said Southwest One Quarter of the Northwest One Quarter of Section 11; Thence followingsaid southerly line, North 89°36'16" West a distance of 325.91 feet to the POINT OF BEGINNING. The above-described tract of land contains 3,42 acres more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 a . . , 1�WiiI.tlC?j�P.r-Q..,6l,UI•L�f"t7111 Kinsley -- R/., 111T. CUP and IMDA PAGE 1 I EXHIBIT A I N89°59'20"E 193.99' W Aoarrera Ln, SO°00'40"E N89°59'20"E 34.00' 81,04' I Rezone Area tl I Sommersby Uj I. I,, ± Subdlvlslon No. 2 3,42 Acres fl m 55J2 l i c4 W•PkneAve, _ I N89'3646V 325.91' I W 1/4 CORNER SECTION 11 � • %. Aly Razon@ wravrrua r mauve: i THE LAND GROUP ` .. rr 9r+Yl,vi,ve I/ r`.N�>vo>Ik7�, Exhibit R ar,dar 462FWihm Ddn. b,Rs I D3 yg9 �+M Subdivision �I, hy� eiQ <hJMLt r4, me.4#ASF1•Fa.?JY �,9Ys.1�4°y� ..�._�.M.,� Rezone Exhibit Idaho OF }dsBUlen Kinsley —12!". PC P• CUP and IVIF)A PAGF 12 EXHIBIT A Exhibit A.3: Proposed Preliminary Plat (dated: 03/04/14) 7�— LI 9i ir IMF Oil .7,Z47, 0.131, IF gas sc all I AG 1` -------- - -- FR",% Preliminary Mat PP I Kinsley — RZ, 11H, CUP and MDA PAG V 13 EXHIBIT A Exhibit AA: Proposed Final Plat (dated: 02126/14) Final Plat for KINSLEY SUBDIVISION o - Wu*4Inapurm1ofh-3%div lIM,almRWttemlfIdulSeelfsafi. Towtnabig 3 North, Range i Wccl, B.M. a .. - C'i:y u! filarpli,n, Arta filumq IrlafxA • . + -. .. '-gym 4 r. n cunep ./ '' ,4,ar'Ir,rL, O . aCtN1: 1 ncF.v^.v Wo— .044 e,k 44 rll -- u.nurl•� i I m �---_ ----i SOla4'IAr T/WRtl 17L1 M141 r- \ F z, N. ©luff+vood Ln, (Private) A: r h T btu `y I 1 j t u w5 wF ,y j ) w�"" 4� N1^W191 1511 FZ. 1 :F fr° BLOCK i SI VE'41q+W Le f ! I MA.4f _..___ ,- r-. f1 rr � d9 �i xen �N.59,riW '�h T rr N. Ten Mile Rd d �I General Nass Y+ii r. 14LSL4 [rin`e na�'x'r +FJ-ar w>ir� �t'.ar .rv, ryy3•r,r ir! 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R4dF-i utslarw.x..¢nx ti,°�xa gar —�— r r 4 1r rnl..na'i Kinsley — RZ.1?F'P, CUP and MDA PAGE 14 IV THE LAND GROUP 1 f.f2lia L k `\�'•y, t. y� ,�UCtr�F S,[�nr asrs..l�ism a s,u im YA. eGl Yari,a i�lri fJl far 1, Fa ire.. br9..lewp ..o YRY ryrYI 11q l to Kinsley — RZ.1?F'P, CUP and MDA PAGE 14 EXHIBIT A Exhibit A.5: Proposed Landscape Plan (dated: 09125/14) (REVISED) Prehmmary .1 Landsoaue Notes Projou Calw1atio4s: Plantina Sohedule w4w lidr ICA jk- R OR /Ak Ptellminary Plat -Landscape Plan L1.0o Kinsley — RZ, PFT, CUP and MDA PAGE 15 EXHIBIT A Exhibit A.6: Proposed CUP Site Plan (dated: 09/25/.14) (RFVISED) sowmby SubdivisNa Us, 2 " lt� Gon.4; N.M. U= I f L—i ---------- ---- — --------- — — -------------- — t --------------- ttee 7 ------------------------------------- WAM i (Conditional Use Permit - Site Plan Owl 1 . : — Kinsley — RZ. PH', CUP and tvlDA PAGE 16 M 06 RC c Q =7 (Conditional Use Permit - Site Plan Owl 1 . : — Kinsley — RZ. PH', CUP and tvlDA PAGE 16 M 06 RC c Q EXHIBIT A Exhibit A.7: Proposed Building Elevations -lu willmlu In —M� r7 - t 7�- anorth elevation 1-1- left-& MFIi. 4 east elanton Kinsley — RZ, PHI. CUP mid 11DA PAGF 17 i 19 awl Kinsley — RZ, PHI. CUP mid 11DA PAGF 17 EXHIBIT A B, Conditions of Approval 1. PLANNIN(; DIVISION 1, 1.1 A new development agreement (DA) replacing the existing DA's is required as part of the project approval. Prior to the rezone ordinance approval, a new DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the tirne of rezone ordinance adoption, A CZC application will not be accepted nor will the final plat receive signature until thcDA is recorded. 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 the rezone. The DA shall, at inininitini, incorporate the following provisions: a. Development of th is site shall substantially comply with t lie site plan, landscape plan and bank elevations in Exhibit A. b. Future development of Lots 2 and 3, Block I shall comply Nvith the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design MailLial. c. Development of the subject property shall comply with the C -C standards listed in UDC I I - 2B-3. The uses allowed pursuant to this agreement are those uses allowed in the C -C zoning district listed in UDC Table 11-2B-2 except for the following: animal care facility, dispatch center for mobile services, drinking establishments, minor vehicle repair, equipment rental, sales and service, wireless communication facility and vehicle sales and rentals. d. Any future drive-through use oil the site (Lots 2 or 3, Block i) shall comply with the specific tl use standards set forth in tJDC 11-4-3-1 1. e. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 1.2 Conditional Use Permit 1.2.1 The applicant shall comply with the Specific Use Standards for drive-through establishments and financial institutions listed in UDC 11-4-3-11 and UDC 11-4-3-17. • With a future CZC submittal for the southern pad site (Lot 1, Block 1), the applicant must include the speaker locations, teller window and ATM location on the revised plan. 1.2.2 The site plan, prepared by The Land Group Inc., dated 09/25/14, is approved, with the conditions listed herein. The applicant shall revise the site plan as follows: • Where tile pedestrian walkways from the perimeter sidewalks to the main building entrance cross the vehicular driving surface they are required to be distinguished through the use of pavers, colored or scored concrete, or bricks, per UDC I 1-3A- 19A.4. * Provide details of tile bike racks. • Relocate the existing mailbox kiosk on the west side of the northern access to a more internal location within the Sommersby development. Prior to signature on the filial plat the applicant shall coordinate with the Post Master and the HOA on all appropriate location for the mailbox kiosk. • Construct a passive traffic calming design element (,such as bulb -outs or chokers) on the west side of the banks drive-through area to deter vehicles from entering the drive-through area from the wrong direction. Kinsley - IV_ 111"13, CUP and NIDA PAGE 18 EXHIBIT A • Sign and strife the banks drive-through area one-way. • The drive-through use shown on Lot 2, Block 1 is not approved with the subject application. 1.2.3 WithIR future CZC and DES application submittal, the applicant must provide a landscape plan that complies with the landscape standards set forth in UDC I I -313-8C. 1.2.4 The applicant shall comply with standards for self-service uses fisted in UDC 11-3A- 16. 1.2.5 Development of this site shall substantially comply with the site plan and building elevations included in Exhibit A and the conditions of approval in this report. 1.2.6 The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DCS) application to the Planning Division for approval of the proposed uses and final site layout and building designs prior to submittal of building permit application, 1.2.7 The proposed site layout and Structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian. Design Manual, 1..2.8 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.2.9 The applicant shall have a maximum oftwo (2) years to commence the drive-through use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 1 1 -5B -6F. 1.2.10 The applicant shall complete all required improvements prior to issuance of Certificate of Occupancy. It is unlawful to use or occupy any building Or Structure until the Building Official has issued a Certificate of Occupancy. 1.2.11 The applicant shall comply with tine outdoor lighting standards shown in UDC I I -3A-11_. 1.2.12 The hours of operation for the commercial development isrestricted to the hours between 5 am and 12 am, seven days a week. Extended hours ofoperation may be requested through a conditional use permit in accord with UDC I l -213-3A.4. 1.2.13 All signage for the property is subJect to the standards set forth in UDC 11-3D. 1.3 Preliminary/Final Plat - Site Specific Conditions of Approval 1.3.1 The preliminary/final plat shall be revised as follows: a. Direct lot access is prohibited to N. Ten Mile Road in accord with UDC I 1-3A-3. The commercial development shall take access from W. Acarrea Lane and the right-in/right-out access to Pine Avenue i ',a 12ine^ 441ad 6rs+•,rn,. tr a nr,4 4. b. Prior to signature on the final plat, the applicant shall provide a recorded reciprocal cross access agreement between the multi -family development and the proposed commercial development for the right to connect/access W. Acarrea Lane. c. All commercial lots shall have a reciprocal pedestrian and vehicular ingress/egress as stated with plat note 44. d. Note 412: Include new DA instrument number. 1.3.2 The landscape plan, dated 09/25/14 shall be revised as follows: a. All fencing shall be installed in accordance with UDC 11-3A-7. Kinsley — RZ. PFP. CUP and MDA PAGF 19 EXHIBIT A b, Construct all perimeter landscaping as proposed. The landscape plan shall be revised 10 days prior to the City Council heating that depicts a continuous 25 -foot wide landscape buffer along the entire Teri Mile frontage. The landscape buffers adjacent to Ten Mile Road and Pine Avenue must: be installed prior to occupancy of the first structure, c. 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 11 -3B -14A, d. Any existing landscaping near the construction zone must remain protected. 1.3.3 Comply with all AC1-1D conditions of approval. 1.3.4 Prior to issuance of a build "ung permit for the commercial lots, the applicant shall obtain approval of a Certificate of Zoning Compliance and Design Review application and record the final plat. The proposed development shall comply with the design standards listed in UDC I 1-3A-19 and the guidelines contained in the Meridian Design Manual. 1.3.5 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.4 General Conditions of Approval 1,4.1 Comply with all bulk, use, and development standards of the C -C zoning district listed in UDC Table 11-213-2. 1.4.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.4.3 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1'I -3A- 15, UDC H-38-6 and MCC 9-1-28, 1,4.4 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.4.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.4.6 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.4.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-613 for the commercial lots. 1.5 Ongoing Conditions of Approval 1,5,1 "file applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC I 1-313-6 and to install and maintain all landscaping as set forth in UDC 11-3I3-5, UDC 11-313-13 and UDC 11-313-"14, 1.5.2 The protect is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.5.3 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 tile area. 1.5.4 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in LJDC 11-3A-1 1. 1.5,5 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC I 1 3A-3. Kinsley — RZ.1'F'P, CUP and IM DA PAGE 20 1.I6 AUomnmonopen space xbu|bemaintained bvnnowner's association asset forth inUDC l|' 3G -3F]. 1.6 Process Conditions oyApproval 1.61 Nosigns are approved with this application. 9dorto installing any signs oothe property, the applicant shall submit oiAo permit application consistent with the standards in UDC Chapter 3 Article Dand receive approval for such signs. 1.6.2 The applicant shall complete all improvements related topublic life, safety, and health ooset forth in UDC I 1-5C-313, A surety agreement may be accepted for other irnprovernents in accord with DDC 11 -5C -3C. 1�6.3 The preliminary and final plat approval shall bcnull and void Jthe upp|i000('Fails {ooNhm'U obtain the City Engineer o' atxo:onuMouJnkat within two years; cn2) gainapproval ofntime extension uoset Forth ioUDC ||-68-7. 16.4 Prior tosubmittal for the City Engineer's signature, have the Certiricate of Owners and the accompanying nokoowI edge rnen{ signed and notarized, 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The City ofMeridian requires that pressurizedirrigation systems beSupplied byuyear-round Source ofwater(MCC l2-|3-8.B.The City ofMeridian owns and operates usrlaimc water system along the South Ten Mile and West Pine Avenue frontages of this parcel. Applicant shall coordinate with the Public Works Department on the possible connection to this systern forthe provision o[|oudacupoirrigation water. 2.1.2 Applicant shall boresponsible for the physical abandonment, per Meridian Public Works Department standards, of all unused sewer and water services that were previously installed to provide service iothe subject site oapart nfthe 5o/noueobySubdivision. Existing services being o(i|izodaba|ihc|ocatedouowohiodividoul|otauthotoerYiueUnnadmuntueod(ocnony0nmnn* lot to another. 2.2 KJmoerul Conditions ofApproval 2.2] Applicant oholcoordinate water and sewer main size and routing wNzthe Public Works Department, and execute standard forms of casements foranyniains that are required to provide service outside o[apublic right'o|-ymy. Minimum cover over sewer mains iuthree feet, i[cover from top ofp\pe tnoob'8rxde is less than three 5:ci than alternate materials shall be used in conformance oFCity n[h1rridian Public Works Departments Standard DpeciUonbmmn. 2.2.2 Per Meridian City Code. (Ile applicant shall be responsible <oinstall sn`vorand water unxlnoioand through th is development. 2.2.2 Tile applicantahu|provideaaoemcnt(s)HoruUpuhUuxmhur/nnxe,mninynu,xNeofpuWb,kih|of way (include all water services and hydrants). The easernent widths shall be 20 -Feet wide for a single utility, o,2O-600iwide for two. The mmxmnien(xshall not be dedicated via the plat, but rather dedicated Outside the plat process using the City of Meridian's standard forms. The casement shall be graphically depicted on [lie |/|oi |br/e6:renue pu/l?oocn. Submit ,in executed casement (on the hbrm avai lable FrOul Puh|iu Works), u legal description prepared by on Nxhm Licensed Poufeox|ono| l.aud Surveyor, which must include the area of the cxuomcn( (marked EXHIBIT A)and mn8|/2"x |l"map with bearings and dix{unoeu(marked C}(|{\BIT B)for review, Both nxbihi{u must be uou|md, signed and dated by u Professional Land Surveyor. DO NOT RECORD, Add xnote {othe plat referencing this document. 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 be 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 are 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 I I -3A-6. Plans shall be approved by the appropriate irrigationldrainage 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 reproved 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)3342190. 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 H=ealth for abandonment procedures and inspections (208)375-5211. 2.29 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 real 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 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 I I -1.2-3H. 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. Kinsley — KL. PFI, CUP anti IMI DA PAGE. 22 EXHIBIT A 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimurn 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 be 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. 'Fie 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. POLICE DEPARTMENT 3.1 The Police Department opposes any access to N. Ten Mile Road. 4. FtRr, DEPARTI<IENT 4.1 Final Approval of' the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (117C) 508.5.4 as follows: a. Fire hydrants shall have the 4 %" outlet face the main street or parking lot drive aisle. b. Tire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed ort corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4'/i" outlets. g. Fire hydrants .shall be provided to meet the requirements of tFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 5.03,2.4. Kinsley Rl. PFP. CUT? and MDA PAGE 23 EXHIBIT A 4.3 Provide signage ("No Parking Fire Lane") for all lire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.4Ensure that all yet undeveloped parcels are maintained tree of combustible vegetation as set forth in International Fire Code Section 304.1.2, 4.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1, 4.6 Operational fire hydrants., temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.7 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in international Fire Code Section 505.1. 4.8 There Shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-21.. 4.9 The Fire Department will require Knoxbox Fire Department Connection caps oil all FDC inlets, IFC 102.9. 4.10 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2, 4.11 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. 4.12 Maintain a separation of 5' from the building to the dumpsterenclosure as set forth in International Fire Code Section 304.3.3, 4.13 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.14 The Fire Department opposes the access to Ten Mile Road, 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6, PARKsDEPARTMENT 6.1 The parks Department has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (CONK IFNTS FORTHCOMING) 7.1 Site Specific Conditions of Approval 7.1 Construct a 30 -foot wide curb return driveway oil Pine Avenue located 270 -feet east of Ten Mile Road, Pave the driveway its full width and at least 30 -feet into the site. 7.2 Direct lot access to Ten Mile Road is prohibited and shall be noted on the final plat. 7.3 Direct lot access to Pine Avenue is restricted to one right-in/right-out access and shall be noted on the final plat, Kinsley — K`/.. P111. CUP and MDA PAGE 24 ]EXHIBIT A 7.4 Correct deficiencies or replace deteriorated facilities along Pine Avenue and Ten Mile Road abutting the site, Included are sidewalk replacement, Curb and gutter replacement, reconstruction of pedestrian ramps, etc. 7.5 Payment of impacts lees are due prior to issuance of a building permit. 7.6 Comply with all Standard Conditions of Approval, 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the AC14D right-of-way. 7.2.2 Private sewer or water systems are prohibited frons being located within the ACRD right-of-way, 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas, 7.2.6 All utility relocation costs associated with improving street frontages abutting tla;e site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLIN> (1-811-342-1585) at least two full business days prior to breaking ground within ACI -[D right-of-way. The applicant shall contact ACIID TrafCc Operations 387-6190 in tlae event any ACRD conduits (spare or filled) are compromised during any phase of construction.. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with dile numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACI1D prior to District approval for occupanCy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.12 If the site plan or use should change in the future, ACHD Planning Review will review the site pian and may require additional improvements to the transportation system at that time. Any change in the planned use ofthe property which is the subject of this application, shall require [lie applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACRD Commission. IGinsley — RL, PFP, CUP and MDA PAGF'25 EXHIBIT A C. Required Findings from Unified Development Code 1. 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 the 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 the C -C zoning district consistent with the MU -C land use designation for this site. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VI_I above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the C -C zoning district and is generally consistent with the parpose statement of the district. a The map amendment shall not be materially detrimental to the public health, safety, and welfare; The 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. The Council considers 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 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 (as applicable) is in the best of interest of the City (UDC 11-513-3.E). Not applicable. 2. PRELIM INA Rv/11 NA L P LA'r 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 Council finds that the proposed plat is in substantial compliance with the adopted and proposed Comprehensive Plan in regard to land use, transportation, and circulation. Please See C707111-Yehensive Plan Policies and Goals, Section VII,, of the Staff Rej)orl for wore E77 f OY777ati011 . b. Public services are available or can be made available and are adequate to accommodate the proposed development; The 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.) Kinsley — U. i'M CUP and MDA PAGE 26 EXHIBIT A 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 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 Council considers 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 Council is not aware of any health or environmental problems associated with the development of this property, ACRD considers road safety issues in their analysis. The Council considered all public testimony that was presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council considers all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 3. CONDITIONAL. USE PERMIT FINDINGS: In consideration of a conditional use permit, the decision-making body shall make the following findings: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and .development regulations in the district in which the use is located. The Council finds that the subject property is large enough to accommodate the proposed bank and retail uses and comply with the development regulations of the C -C district (see. Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MU -C for this site. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that if the applicant complies with the conditions outlined in this report, the proposed use of the property should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Kinney - R%, N -T, CUP imd MDA PAGC�, 27 EXHIBIT A d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other properties in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that the proposed use will be served adequately by all of the public facilities and services as applicable. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare ofthe community. If approved, the applicant will be financing any improvements required for development. The Council finds there wit] not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property ,or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds the proposed use will generate additional traffic in the area but should not involve activities that will be detrimental to any persons, property or the general welfare of the area. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the Council finds that the proposed use will not result in the destruction, loss or damnable ofany natural, scenic or historic Feature ofnnajor importance. Kinsley — R%. PI P. CUP fmd MDA PAGF 28