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Meridian Property Group H-2016-0004CITY OF MERIDIAN `' FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement (Instrument #109134178) for Meridian Property Group; and Annexation and Zoning of 0.63 Acres of Land with a C -G Zoning District for Meridian Property Group, by Kevin Amar. Case No(s). H-2016-0004 For the City Council Hearing Date of. May 3, 2016 (Findings on May 17, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified 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 comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0004 -I- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 3, 2016, 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 a modification to the development agreement for Meridian Property Group is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 3, 2016, attached as Exhibit A. 2. The applicant's request for annexation and zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 3, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits 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 -5B -3D). 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 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 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 May 3, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0004 - 2 - tai By action of the City Council at its regular meeting held on the day of �j , 2flA-5.. Qty\ COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED _�4 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED .- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta de Weerd 0�4��yp.'C ED A UC�srl Attest: 19ow �., city of E IIIA __ � IDAHO zs Jaey City Clerk 6q °� the T R E N$M' $$ Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. B Dated: Y U140 -- City Cle k e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0004 - 3 - EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 1 STAFF REPORT Hearing Date: April 19, 2016 (Continued to May 3rd, 2016) TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0004 (AZ and MDA) – Meridian Property Group I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Eddy Christensen, has applied for annexation and zoning (AZ) of 0.63 acres of land from the R1M zoning district (Ada County) to the C-G zoning district and a modification to an existing development agreement, for Meridian Property Group. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the AZ and MDA with the conditions of approval in Exhibit B in accord with the Findings of Fact and Conclusions of Law in Exhibit E. The Meridian Planning & Zoning Commission heard these items on March 17, 2016. At the public hearing, the Commission moved to recommend approval of the subject Annexation and Zoning requests. a. Summary of Commission Public Hearing: i. In favor: Kevin Amar (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Width of the landscape buffer adjacent to Touchstone Place Apartments ii. Location of the driveway along Fairview Ave. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on May 3, 2016. At the public hearing, the Council approved the subject AZ and MDA requests. a. Summary of City Council Public Hearing: i. In favor: Kevin Amar (Applicant) ii. In opposition: None iii. Commenting: None EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 2 iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0004, as presented in the staff report for the hearing date of May 3, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0004, as presented during the hearing on May 3, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1065 and 1139 E. Fairview Avenue in the NE ¼ of Section 07, Township 3N., Range 1E. B. Owner/Applicant(s): Eddy Christensen 10221 E. Fairview Ave. Boise, Idaho 83704 C. 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 a development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 29, and March 14, 2016 (Commission); March 28, and April 11, 2016 (City Council) C. Notices mailed to property owners within 300 feet on: February 24, 2016 (Commission); March 24, 2016 (City Council) D. Applicant posted notice on site(s) on: March 7, 2016 (Commission); April 21, 2016 (City Council) VI. LAND USE EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 3 A. Existing Land Use(s) and Zoning: This subject property consists of several single family structures and a detached garage, zoned C-G and R1M (Ada County). B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Commercial Properties, zoned C-G 2. East: Touchstone Place Apartments shared driveway and an animal care facility, zoned R-15 and C-G 3. South: Touchstone Place Apartments, zoned R-15 4. West: Commercial business, zoned C2 in Ada County. C. History of Previous Actions:  In 2001, a portion of the subject property (1065 E. Fairview Ave.) was annexed and zoned C-G with plans to develop the property with a medical office. A development agreement was required as a provision of annexation however; the applicant at the time never initiated a DA.  In 2008, a certificate of zoning compliance (CZC-08-010) was denied by the Director. The applicant filed a City Council Review application (AP-08-005) in which Council required the execution of a recorded development agreement prior to any CZC approval. The DA recorded as Instrument #109134178.  In 2010, a certificate of zoning compliance (CZC-10-017) was approved to develop the existing C-G zoned portion of the site with a vehicle sales facility. D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to the subject parcel currently exists along the south boundary from the adjacent Touchstone Place Subdivision. b. Location of water: A water main intended to provide service to the subject parcel currently exists along the south boundary from the adjacent Touchstone Place Subdivision, and along the north and east boundaries in E. Fairview Avenue and in the private driveway to the Touchstone Place Subdivision. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities transverse the subject properties. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain or floodway. EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 4 VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. The applicant proposes to annex a portion of the site (1039 E. Fairview Ave. parcel) with a C-G zoning district consistent with abutting property (1065 E. Fairview Ave. parcel) owned by the applicant. The C-G zoning district would allow the applicant to construct a vehicle sales facility as depicted on the proposed concept plan. The future use of the property is a principally permitted use in the C-G zone. Except for the residential use along the south and east boundary, the subject property is primarily surrounded by commercial development, zoned C-G. If the applicant provides a sufficient enough buffer along the southern boundary of the development and operates within the proposed hours of operation, staff finds the requested zoning district is consistent with the Commercial FLUM designation. 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):  “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) The applicant is required to provide street buffer landscaping along E. Fairview Ave, along the drive aisle for the Touchstone Place Apartments(already constructed with the Touchstone Apartments), internal parking lot landscaping, and the buffers to the adjoining residential use in accord with the specific use standards set forth in UDC 11-4-3-38 and the standards set forth in UDC 11-3B.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Staff believes the proposed vehicle sales facility is a compatible use adjacent to residential uses with the installation of the required landscape buffer adjacent to the multi-family residential use to the east and south, and with appropriate design of the site. The applicant is seeking a Council waiver to reduce the landscape buffer width from 25 feet to 5 feet. Staff believes the applicant should at least construct a 10-foot wide landscape buffer to mitigate the adverse effects on the residential development. The combination of the 10-foot buffer on the applicant’s property, the 14-foot setback required with the multi-family development and the existing 6-foot tall cedar fence meets the intent of the landscape ordinance.  “Require screening and buffering of commercial and industrial properties to residential use with transitional zoning.” (3.06.01E) Although transitional zoning is not proposed, a 6-foot tall cedar fence exists along the south property boundary. The UDC (Table 11-2B-3) requires a 25-foot wide buffer adjacent to residential uses; however, the applicant has indicated their desire to seek approval from Council to reduce the landscape buffer from 25 feet to 5 feet. As noted above the applicant should provide a minimum of a 10-foot wide landscape buffer along the south boundary of the proposed development in accord with the standards set forth in UDC 11-3B-9C.  “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 5 development adjacent to residential uses.” (3.06.01B) Staff believes any visual pollution created from the vehicle sales facility should be minimized by the perimeter fencing if the applicant complies with the specific use standards listed in UDC 11-4-3-38 and constructs a 10-foot wide landscape buffer along the southern boundary. Further, the applicant is in the process of acquiring Lot 22, Block 1 of Touchmark Place Subdivision. This parcel is landscaped and provides a vehicular access to the 1039 E. Fairview Ave. property as shown on the proposed concept plan.  “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02N) The submitted concept plan depicts and access to Fairview Ave. the applicant is proposing the access so the property to the County property to west can share access once that property requests annexation. Staff recommends that the applicant grant cross access to the property located at 1035 E. Fairview (Parcel # S1107120677), as well as access to the drive aisle located to the east constructed with the Touchstone Place Subdivision. ACHD has communicated with City staff that they may approve the proposed access point onto E. Fairview Avenue, due to its proximity to an existing access for 1035 E. Fairview Avenue. Access to Fairview Ave. is predicated on approval from ACHD and City Council.  “Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) There is adequate water supply and pressure available to the site for fire protection.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Staff feels that the proposed commercial development is compatible with existing multi-family residential use to the south if a 10-foot landscape buffer is installed along the south property line of the proposed commercial development, the development operates within the designated hours of operation and outdoor lighting is not impacting the adjacent residents. The existing spacing from the apartment buildings at Touchstone to their northern property line is approximately 15 feet. The reduction of the buffer requirement from 25 feet to 10 feet on the commercial property would create an overall 25 foot wide landscape buffer that would meet the intent of the UDC requirement. In accord with the above policies and for the above-stated reasons, staff believes the proposed use is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: 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. 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. Allowed uses in the C-G district are of the largest scale and broadest mix of retail, office, service, and light industrial uses of the commercial districts with access to arterial or collector streets. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed vehicle sales facility is listed as a principally permitted use in the C-G district, subject to the specific use standards set forth in UDC 11-4-3-38. EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 6 C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. D. Landscaping: Landscaping is required to be installed on the site in accord with the parking lot standards listed in UDC 11-3B-8C, street buffer standards listed in UDC 11-3B-7C, landscape buffers to adjoining uses listed in UDC 11-3B-9C and the specific use standards set forth in UDC11-4-3-38. E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 500 square feet of gross floor area. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation and Zoning: The applicant has applied to annex and zone a total of 0.63 acres of land with a C-G zoning district. As discussed above in Section VII, the proposed zoning is generally consistent with the corresponding FLUM designation of Commercial. The applicant proposes to develop a vehicle sales facility on the site, as shown in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to l and 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 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. Development Agreement Modification: The applicant requests to terminate the existing recorded development agreement (Instrument # 109134178), and include both parcel’s into a new development agreement as shown in Exhibit D. Staff recommends a new DA for the following reasons: 1. The ownership of the properties has changed since the original DA was recorded. 2. The applicant is proposing to replace the approved concept plan with a new concept plan. 3. Several of the conditions of the existing development agreement no longer apply to the property. In order to accommodate the changes that need to be made, staff believes that the termination of an existing development agreement and the creation of a new DA including both parcels would be the best option. Vehicle Sales or Rentals: The specific use standards for the car dealership listed in UDC 11-4-3- 34 apply to development of this site as follows: A. Vehicle repair may be allowed as an accessory use, subject to the standards for vehicle repair, major and minor, in the district where the use is located. This type of use is permitted as an accessory use in the C-G zoning district. B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from any street. EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 7 The applicant shall comply with this requirement. C. Automotive sales and rental areas shall be subject to the minimum perimeter landscape requirement of parking areas in chapter 3, article B, "Landscaping Requirements", of this title. The applicant shall comply with this requirement. D. In addition to chapter 3, article B, "Landscaping Requirements", of this title, one square foot of landscaping for every fifty (50) square feet of vehicle display area shall be provided. The applicant shall comply with this requirement. E. Vehicle display pads are prohibited in the required landscape buffers. The applicant shall comply with this requirement. F. Vehicle display areas shall incorporate design features including, but not limited to, landscape islands, curbing, and pedestrian walkways, that define main drive aisles and internal circulation patterns. (Ord. 14-1592, 1-21-2014) The applicant shall comply with this requirement. Concept Plan: A concept plan was submitted, included in Exhibit A.2 that depicts the proposed vehicle sales facility. The proposed concept plan includes the following: 1) approximately a 20,000 square foot building, 2) vehicle display area, 3) associated site and landscape improvements and 4) two (2) accesses to the property. Landscaping: A 25-foot wide street buffer is required along E. Fairview Avenue. A 25 foot landscape buffer is also required adjacent to the residential uses to the south and against the drive aisle to the east. All landscape buffers are required to be landscaped in accordance with UDC 11- 3B-7C and UDC 11-3B-9C. Parking lot landscaping is required to comply with the standards set forth in UDC 11-3B-8C. The applicant requests Council waiver to reduce the landscape buffer along the southern border of the proposed development due to the recent completion of Touchstone Place Apartments project which abuts the subject property on the south and west boundary. The UDC requires a 25 foot landscape buffer when commercial developments abut residential uses. However, with the development of the Touchstone Place Apartments, the applicant for the project constructed open space, constructed a 6-foot tall solid wood fence and provided increased building setback along the shared boundary in anticipation of the proposed commercial development. Further, a landscape buffer is currently constructed along the east boundary. In discussions with staff, the applicant has indicated their desire to purchase Lot 22, Block 1 of the Touchstone Place Subdivision and use this property as the required landscape buffer along the existing drive aisle for Touchstone Place. Therefore, the applicant is requesting to reduce the buffer width from 25-feet to 5-feet. Staff is of the opinion that the applicant should construct a minimum of a 10-foot landscape buffer along the south boundary so there is adequate separation between the multi-family development and the proposed commercial use. With the addition of 10 feet of landscaping with the proposed development (totaling approximately 25 feet of landscaping), staff is of the opinion that the combination of the two landscape buffers will meet the intent of the UDC. With the submittal of the CZC and DES EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 8 application, the applicant should provide a recorded deed that shows the applicant owns Lot 22, Block 1of Touchstone Place Subdivision and the site plan should include the lot in the overall site design of the property. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Access: The property currently takes access from two existing access points onto E. Fairview Ave. With development of the property, the applicant proposes to utilize the existing cross access driveway to the east constructed with the Touchstone Place Apartments, as well as, an access from 1065 E. Fairview, and to close the current access from 1139 E. Fairview. The applicant also proposes to provide cross access to 1035 E. Fairview Ave property to the west. ACHD may not be supportive of the proposed Fairview access due to its proximity to the current access being used by 1035 E. Fairview Ave. At the time of this staff report, staff had not yet received official comments from ACHD regarding the location of the access onto E. Fairview Avenue. Hours of Operation: The proposed business will be subject to UDC 11-2B-3, which restricts the hours of operation for businesses in the C-G zoning district that abut residential uses or districts. Parking: Per UDC 11-3C-6B, in commercial districts, one off-street parking space is required per 500 square feet of gross floor area. The applicant has proposed 10 parking stalls on site, and staff will review the site plan further with the CZC application to ensure compliance with the UDC. Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 vehicle spaces proposed on the site, in compliance with the standards listed in UDC 11- 3C-5C. Sidewalk: A minimum 5-foot wide detached sidewalk is required adjacent to E. Fairview Ave. in accord with UDC 11-3A-17C. Building Elevations: Conceptual building elevations for the future building were submitted by the applicant and included in Exhibit A.3. Building materials depicted on the plans for the building include brick, stucco and a glass storefront. Staff supports the applicant’s proposal to orient the garage doors away from major arterial, E. Fairview Ave. The future building on this site shall generally comply with the submitted elevations, including but not limited to, the design standards set forth in City of Meridian Architectural Standards Manual (ASM). Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the car dealership. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). Staff recommends approval of the proposed AZ and MDA with the provision of the development included in Exhibit B. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Concept Plan (dated: 12/18/15) 3. Building Elevations EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 9 B. Agency & Department Conditions of Approval C. Legal Description & Exhibit Map for Property to be Annexed D. Legal Description & Exhibit Map for the Property to be included in the New Development Agreement E. Required Findings from Unified Development Code EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 7 EXHIBIT A. Drawings/Other 1. Vicinity Map EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 8 2. Proposed Concept Plan (dated: 12/18/15) EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 9 3. Building Elevations EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 10 EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 11 EXHIBIT B - AGENCY & DEPARTMENT CONDITIONS OF APPROVAL 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A new Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines in the Architectural Standards Manual. b. Development of this property shall generally comply with the concept plan included in Exhibit A.2 and the building elevations included in Exhibit A.3. c. A minimum 25-foot wide street buffer shall be constructed along the entire frontage of the site along E. Fairview Ave in accord with UDC 11-3B-7C. Construct a minimum of a 25-foot wide landscape buffer abutting the residential property to the south, unless modified by City Council, in accord with UDC 11-3B-9C. d. The use of this property shall be restricted to the vehicle sales in accord with the specific use standards set forth in UDC 11-4-3-38. e. Future development of this site is no longer subject to recorded DA Instrument #109134178. f. The applicant shall provide cross-access to 1035 E. Fairview Avenue (parcel # S1107120677); the cross-access agreement shall be recorded prior to submitting an application for Certificate of Zoning Compliance and Design Review. g. Prior to CZC approval, the applicant shall demonstrate ownership of Lot 22, Block 1 of Touchstone Place Subdivision; and should include the lot in the overall site design of the property unless modified by City Council, in accord with UDC 11-3B-9C. h. Future development of the site shall comply with the ordinances in effect at the time of development. i. The applicant shall obtain approval from ACHD and City Council for the right-in/right- out access via E. Fairview Ave. 1.2 General Conditions of Approval 1.2.1 A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the proposed structures and site design prior to issuance of building permits. These applications should be submitted concurrently. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual or any updated versions thereof. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 12 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.10 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 set forth in UDC 11-3B-10. 1.2.11 The proposed vehicle sales facility is subject to UDC 11-2B-3, which limits the hours of operation from 6 AM to 11 PM for business within the C-G zoning district when their property abuts a residential use or district. 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 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 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. 1.3.3 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.4 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 11- 3A-3. 1.3.5 The project is subject to all current City of Meridian ordinances. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to 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 11-5C-3C. 1.4.3 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 13 2.1.1 Applicant shall be required to extend sanitary sewer to parcel adjacent to the northwest corner of the subject site per MCC 9-4-15(B). In this particular case it may be possible that said service can be accomplished via a service line extension instead of a main line. Applicant shall coordinate with that adjacent property owner on the needs. If it is determined that a service line would suffice, applicant shall create an easement for the benefit of the adjacent property for said service line. 2.1.2 Applicant shall be required to loop the existing water main stubbed into the south side of this site, to the existing main along the south side of E. Fairview Ave. 2.1.2 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 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 (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 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 EXHIBIT 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. All easements must be submitted, reviewed, and approved prior to development plan approval. 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, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 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 EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 14 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 procedures and 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 11-12-3H. 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. 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 ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 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 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 15 2.2.22 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department did not provide comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department did not provide comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services did not provide comments on this application. 6. PARKS DEPARTMENT 6.1 The Parks Department did not provide comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments from ACHD will be submitted once the review is complete. EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 16 EXHIBIT C. Legal Description & Exhibit Map for Property to be Annexed EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 17 Area to be annexed EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 18 EXHIBIT D. Legal Description & Exhibit Map for Property to be included in the Development Agreement EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 19 EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 20 Properties to be included in the Development Agreement. EXHIBIT A Meridian Property Group - H-2016-0004 PAGE 21 EXHIBIT E. Required Findings from Unified Development Code 1. ANNEXATION: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds the proposed annexation of 0.63 of acre of land with a C-G zoning district is consistent with the Commercial future land use designation for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed C-G zoning district and proposed commercial use of the property is consistent with the purpose statement of the commercial districts in that it will provide for the residential needs of the community in accord with the Comprehensive Plan. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, 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). Council feels that this annexation is in the best interest of the city, as the property will be able to develop with commercial uses consistent with the vision of the Comprehensive Plan. Further, annexation of this property will allow utilization of available City services and a reduction of enclave areas in the City.