Swindell Subdivison RZ AZ PPADA COUNTY RECORDER Christopher D. Rich 2016-045074
BOISE IDAHO Pgs=52 CHE FOWLER 05/25/2016 01:01 PM
MERIDIAN CITY NO FEE
1111111111111111111111111111111111111111111111111
00229075201600450740520520
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Volante Investments, LLLP, Owner/Developer
A;"� THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of �, , 2016, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho and Volante Investments, LLLP, whose address is 3084 E. Lanark Street,
Meridian, Idaho 83642, hereinafter called O"ER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in Exhibit
"A", which is attached hereto and by this reference incorporated herein as if
set forth in full, herein after referred to as the Property,; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section I1 -5B-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for the
Annexation and Zoning of 15.07 acres of land with a C -C (Community
Business) zoning districts; and the Rezone of .57 of an acre and 5.09 acres of
land from C -G (General Retail and Service Commercial District to the C -C
(Community Business) zoning district (as described in Exhibit "A"), under
the Unified Development Code; and
1.5 WHEREAS, Owner/Developer represented at the public hearings both
before the Meridian Planning & Zoning Commission and before the Meridian
City Council, that it had not determined how the Property will be developed
and what improvements will be made except as generally described herein;
and
DEVELOPMENT AGREEMENT— SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for the requested annexation,
comprehensive plan future land use map amendment and rezoning of 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 5 t day of April, 2016, 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
annexation and rezoning; 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 to Volante Investments, LLLP,
whose address is 3084 E. Lanark Street, Meridian, Idaho 83642, the owner of
DEVELOPMENT AGREEMENT - SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 2 OF 8
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" 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.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Prior to any development occurring on the site (including issuance of building permits), the
development agreement shall be modified to include a conceptual development plan and
building elevations for the overall development.
The conceptual plan shall demonstrate consistency with the Mixed Use — Community
designation per the Comprehensive Plan and shall include at least 3 land use types.
Conceptual building elevations for future structures within this development shall be
generally consistent in design and incorporate some of the same design elements and
construction materials to unify the development. Elevations should reflect design elements
suited for commercial developments rather than industrial developments (i.e. incorporate
modulation, fenestration, variations in profile, mix of materials, etc.).
b. The subject property is allowed two (2) building permits prior to subdivision of the property.
Prior to submittal of the third building permit, the subject property shall be subdivided.
c. The existing home and associated outbuildings shall be removed from the site prior to
signature by the City Engineer on the final plat or issuance of the first building permit,
whichever occurs first.
d. Future development of this site shall substantially comply with the preliminary plat and
site/landscape plan included in Exhibit A of the Staff Report that is attached to the Findings
of Fact and Conclusions attached as Exhibit `B" and the conditions contained herein.
Future development shall comply with the design standards listed in UDC 11-3A-19 and the
City of Meridian Architectural Design Manual.
DEVELOPMENT AGREEMENT- SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 3 OF 8
f. The developer shall provide a 35 -foot wide buffer along the west boundary of the site
adjacent to S. Fignut Way; and a 25 -foot wide buffer along the southern boundary of Lot 2,
Block 1 landscaped with native grasses and bushes as alternative compliance (A-2016-0072)
to UDC 11 -3B -7C.3. Because of the irrigation and drainage easement that exists along the
west boundary of the site, trees are prohibited within the easement. All buffers may be
constructed at the time of lot development.
g. A cell tower shall not be constructed on this site unless specifically approved by the City.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months 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
DEVELOPMENT AGREEMENT - SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 4 OF 8
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
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: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
DEVELOPMENT AGREEMENT- SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 5 OF 8
OWNER/DEVELOPER:
Volante Investments, LLLP
3084 E. Lanark Street
Meridian, Idaho 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
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.
DEVELOPMENT AGREEMENT - SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 6 OF 8
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[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:
Vnlnnte. TnvPetmPnte T.T.T.P
DEVELOPMENT AGREEMENT — SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 7 OF 8
STATE OF IDAHO )
ss:
County of Ada, )
On this day of , 2016, before me, the undersigned, a Notary Public in and
for said St te, perso lly appeared, known or identified tome
to be the 1 r of Volante Investments, LLLP, 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 iihtWfi j;pAificate first above written.
D.
.�
11 YY�40TA*4V'®'
s A1� ry Public for I o t
Ab Residing Residing at:
� My Commission es:r r�
•••..•O ••
3FID&'
STATE OF IDAHO )
ss
County of Ada
41
On this O�A day of , 2016, before me, a Notary Public,
personally appeared Tammy de Weerd and Jacy Jones, know or identified to me to be the Mayor
and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that
executed the instrument of behalf of said City, and acknowledged to me that such City executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
®•®
000.8460 ap
(SEAL)tic
♦ �� •
4110
sees
A tuh&, L.
Notary Public for Idaho
Residing at: OCe.,U w-p—� T -D
Commission expires: I
DEVELOPMENT AGREEMENT- SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 8 OF 8
EXHIBIT A
Rezone & Annexation and Zoning Legal Descriptions and Exhibit Maps
P.N. 2436
WA I T E
land surveying, llC
315 E. Rimkin Drive Boisc, IP W16
208.794.6622 Tele.
ANNEXATION DESCRIPTION
July, 6, 2015
A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R.1 E., B.M., Ada
County, Idaho, and being more particularly described as follows:
Commencing at `the Southeast comer of said Section 18, from which the South 1/4 corner
of said Section bears S 89'44'18" W, 2649.09 feet,
thence S 89'44'18" W along the South boundary of said Section 18 and the centerline of
E. Overland Rd., fora distance of 420.31 feet, to the REAL, POINT OF BEGINNING;
thence continuing S 89'44'18" W along the South boundary of said Section 18 and the
centerline of E. Overland Rd., for a distance of 201.62 feet;
thence leaving said boundary and centerline N 2902'44" W for a distance of 639.50 feet
to the Northeast corner of Pack It Up Subdivision as filed in Boole 84 at Page 9360, Ada
County Records;
thence N 6822'27" W along the Northerly boundary of said subdivision for a distance
ol'368.85 feet;
thence leaving said Northerly boundary N 00027'30" E for a. distance of 297.86 feet to
the South boundary of the NI/2 of the NI/2 of the SEI/4 of the SEI/4 of said Section 18;
thence N 89'43'12" E along said Sonth boundary for a distance of 870.99 feet;
thence S 00°43'42" E for a distance of 237.09 feet;
tlienec S 32023'17" E for a distance of 310.78 feet;
thence S 42°19'48" E for a distance of 166.47 feet;
thence S 89028'20" E for a distance of 123.78 feet to a point on East boundary line of
said Section 18;
thence S 00°31'53" W along said East boundary line for a distance of .106.55 feet;
Z:\I'rgiccts\Pignut(xxxx)\t)ocuntcntslSwindell-AnnexDesc.doe-1
Swindell Subdivision RZ-15-001; AZ 15-010
EXHIBIT A
thence leaving said boundary line S 89'44'18" W for a distance of 423.96 feet;
thence S 00'15'42" E for a distance of 264,00 feet to the REAL POINT OF
BEGINNING;
containing 15.07 acres of land, more or less.
Prepared by: Todd R. Waite P.L.S.
Z:\1'rojccts\Fignu1 (xxxx)\Doctiiiioiits\Switidell-Ai)iicxL)csc.(Ioc-2
Swindell Subdivision RZ-15-001; AZ 15-010
EXHIBIT A
AWORIT Sr�altsroN A—S8944
K.D. ROOMC1100 OYERGNO RO.4�d
19 171288' 09'44 10' E 2949.08' O, E OVERLAND RA 201.1
25 100 400 REAL POINT -
OF BEGINNING
0 50 200 600
SCALE: 1" = 200'
THESE DRAWINGS, OR ANY PORTION THEREOF, SHALL
NOT BE USED ON ANY PROJECT OR EXTENSIONS OF THIS
PROJECT EXCEPT BY AGREEMENT IN WRITING WITH WAITE
LAND SURVEYING, I.I.C.
Swindell Subdivision RZ-15-001; AZ 15-010
vv123.78' � V
l N If R S TA TE 84
S89'44'18"W 423.96
o U,
o
A D AC 0 U N T r
N89'43'12"E 870.99'
v
S TO RLl MATER
POND SITE
ws 1n nu
�
W
N O
MO
m
v
O Eli
7- 48.00' F
S 09'44'10' W 4420.31' 18
N"
_
16T
20
N
EXHIBIT
ITi
UNPtA T 7f0
r
N3 ?
'DArisi RCYif
B;'-Iy 15.07 ACRES
e
F
AWORIT Sr�altsroN A—S8944
K.D. ROOMC1100 OYERGNO RO.4�d
19 171288' 09'44 10' E 2949.08' O, E OVERLAND RA 201.1
25 100 400 REAL POINT -
OF BEGINNING
0 50 200 600
SCALE: 1" = 200'
THESE DRAWINGS, OR ANY PORTION THEREOF, SHALL
NOT BE USED ON ANY PROJECT OR EXTENSIONS OF THIS
PROJECT EXCEPT BY AGREEMENT IN WRITING WITH WAITE
LAND SURVEYING, I.I.C.
Swindell Subdivision RZ-15-001; AZ 15-010
vv123.78' � V
d
S89'44'18"W 423.96
o U,
o
� 99
v
O
7- 48.00' F
S 09'44'10' W 4420.31' 18
.a
17
_
16T
20
CITY OF MERIDIAN ANNEXATION
EXHIBIT
W A I
Ig11y :)Urvcy11ly1 111.
315 East Danskfn Drive, Boise, ID 83716
208.794.6622 Tele.
P.N. 2436
EXHIBIT A
land surveying, 11c
315 F. Pdmklri Pilm Kof5c, IP 83716
208-794,66221'ele.
REZONE CG TO CC ZONE
FOR
PROPOSED SWINDELL SUBDIVISION
July 15, 2015
A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R. B.M., Ada
County, Idaho, and being more particularly described as follows:
Comincilcing at the Southeast comer of said Section 18,
thence N 00°31'53" Ealong the East boundary of said Section 18 and the centerline of S.
.
Locust Grove Rd., for a distance of 370.58 feet to the REAL POINT OF BEGINNING9",
thence N 89'28'20" W for a distance of 123.78 feet;
thence N 42`'19'48" W for a distance of 166,47 feet;
thence N 32'23'17" W for a distance of 9.92 feet;
thence N 88'49'29" 1, for a distance of 242.52 feet to a point on the centerline of S.
Locust Grove Road;
thence S 00'31'53" W along said centerline for a distance of 137.57 feet to the REAL
POINT OF BEGINNING;
containing 0.57 acres of land, more or less.
Prepared by: Todd R. Waite P.L.S.
Pt -
q
A
Swindell Subdivision RZ- 15-00 1; AZ 15-010
P.N. 2436
EXHIBIT A
MEMO
Womm-
lan4 surveying, 11c
315 E, Pqmkm Drive, Brise, IP 83716
20S,794,6622 Tele.
REZONE CG TO CC ZONE #2
FOR
PROPOSED SWINDELL SUBDIVISION
July 15, 2015
A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R.1 E., B.M., Ada
Comity, Idaho, and being more particularly described as follows:
Con-miencing at the Southeast corner of said Section 18,
thence N 00°31'53" E along the East boundary of said Section 18 and the centerline of S.
Locust Grove Rd., for a distance of 997.01 feet to the REAL POINT OF BEGINNING;
thence S 89037'27" W for a distance of 411.18 feet;
thence S 89'43'12" W For a distance of 870.99 feet;
thence N 00'27'30" E for a distance of 181.13 feet to the centerline of Interstate 84;
thence S 89'34'11 " F along said centerline for a distance of 1282.26 feet to a point oil the
centerline of S. Locust Grove Road;
thence S 00'31'53" W along said centerline for a distance of 164.55 feet to the REAL
POINT OF BEGINNING;
containing 5.09 acres of land, more or less.
Prepared by: Todd R. Waite P,L.S.
R
Swindell Subdivision RZ- 15-00 1; A7- 15-010
EXHIBIT A
Swindell Subdivision RZ-15-001; AZ 15-010
S89'34'11"E
le 17
w
0
1282.26'
3
n
r
IN TER S T ATE
8 4
IN
REZONE CG TO CC ZONE
C)
5.09 ACRES
o
rn
S89'43'12"W 870.99'
S89'37'27"W 411.18'
REAL POINT
m
OF BEGINNING #2
R
?`
UNPLATTEO
z
fMSfilC Gt? ZOME
JV
0
ri
a
N32'23'17"W N88'49'29"E REZONE
J L
9.92' ti242.52 CG TO CC
A SOO'31'53"W
2y 0.57 AC. �—
7 �
9'
REAL POINT
OF BEGINNING
N89'28'20'W � a
123.78'
w
�
z
O
a
s4.ar — p
1 " = 200'
10
N 10).
f
a
c
� Et
J
48.00'
5 89'M'18' W 420.31'19 IB 17
4 L OVERLAND ROL
�wATE T3+•p.'
land surveying, IIC
CITY OF MERIDIAN ZONING EXHIBIT
R.
315 E. Panskin Drive, Bolse, IP 83716
REZONE FROM CG TO ZONE CC
208.794.6622 Tele,
PROPOSED SWINDELL SUBDIVISION
Swindell Subdivision RZ-15-001; AZ 15-010
Exhibit B
CITY OF MERIDIAN 1tl�
�T
FINDINGS OF FACT, CONCLUSIONS OF LAW .L
AND DECISION &ORDER --�
awl
In the Matter of the Request for Annexation and Zoning of 15.07 Acres of Land with a C -C Zoning
District; Rezone of 0.57 of an Acre and 5.09 Acres of Land from the C -G to the C -C Zoning
District; and Preliminary Plat Consisting of Seven (7) Building Lots, One (1) Common Area Lot
and One (1) Other Lot on 20,03 Acres of Land for Swindell Subdivision, by Volante Investments,
LLLP.
Case No(s), RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072
For the City Council Hearing Date of: April 5, 2016 (Findings on April 10, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 5, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 5, 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 -SA.
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). RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072
-1-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 5, 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 Rezone, Annexation and Zoning, and Preliminary Plat is hereby
approved with the requirement of a Development Agreement per the conditions of approval in
the Staff Report for the hearing date of April 5, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary 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 -6B -7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B -7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 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 -5B -3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072
.2-
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 April 5, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072
-3-
By action of the City Council at its regular meeting held on the day of D ,
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED I -e3
COUNCIL VICE PRESIDENT JOE BORTON VOTED '� 2S
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED' --ACS
COUNCIL MEMBER TY PALMER VOTED -� eS
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS M1LAM VOTED eS
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta de e r( l__
'q3o49tannuC&' J
Attest:
City of
EIDIAN
iDAHo
J o�c� �n� n�mr� SEAL,
City Clerk �017AEAs���V
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By;WNLX Dated: ` ' �a
City Clerk's 6ffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072
-4-
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
EXHIBIT X Pj
April 5, 2016
Mayor & City Council
Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
Swindell Subdivision — RZ-15-01 l; AZ -15-010; PP -15-013; A-2016-0072
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Volante Investments, LLLP, has applied for annexation and zoning (AZ) of 15.07
acres of land with a C -C zoning district; rezone (RZ) of 0.57 of an acre and 5.09 acres of land from
the C -G to the C -C zoning district; and preliminary plat (PP) consisting of 7 building lots, I common
lot and 1 other lot on 20.03 acres of land for Swindell Subdivision. See Section VIII, Analysis, for
more information.
IL SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and RZ with the requirement of a Development
Agreement that includes the provisions in Exhibit B; and approval of the PP application in accord
with the conditions of approval in Exhibit B, based on the Findings of Fact and Conclusions of Law
in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard these items on March 3, 2016. At the
public hearing, the Commission moved to recommend approval of the subiect RZ, AZ, and PP
requests.
a. Summary of Commission Public Hearing:
I. In favor: Brad Miller, Applicant's Representative
ii. In opposition: None
W. Commenting: None
iv. Written testimony: Brad Miller, Applicant's Representative
L. Staff presenting application: Sonya Watters
A. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
I. None
c. Key Issues of Discussion by Commission:
I. If residential uses are an appropriate use for this site.
d. Commission Change(s) to Staff Recommendation:
L. Modification to condition #2.1.1 in regard to installation of a water main (see Exhibit
ii. Modification to condition #1.1.1a to not require a residential component of the
development.
e. Outstanding Issue(s) for City Council:
I. None
Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 1
EXHIBIT X nj
: .. ....1..1.1.: � � �.� '.� .•, ��
luu
1 ►_ 1 ' _ .1 11 1 1
I K41 iT I' 1_ :11 11 ► J 111 1 1: I i
1• . 1 1 1 1 I 1
III-•.� 1 1
1/.11 WA 11.1 1 : rilml W1.1 1' 1. 1 1' 11 •1 L• _11. 1 a1
1' 1111.1 1' 1s1 1111 1' 11 11 111 1 11141tn
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-15-
011; AZ -15-010; PP -15-013 as presented in the staff report for the hearing date of April 5, 2016, with
the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-15-011;
AZ -15-010; PP -15-013 as presented during the hearing on April 5, 2016, for the following reasons:
(You should state specific reasons for denial.)
Continuance
I move to continue File Numbers RZ-15-011; AZ -15-010; PP -15-013 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 subject property is located off the northwest corner of S. Locust Grove Road and E. Overland
Road, in the SE //a of Section 18, Township 3 North, Range 1 East.
B. Applicant:
Volante Investments, LLLP
3084 E. Lanark Street
Meridian, ID 83642
C. Owners:
Ronald W. Van Auker/Volante Investments, LLLP
3084 E. Lanark Street
Meridian, ID 83642
Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 2
EXffiBIT� f3
Northwest Pipeline Corporation
P.O. Box 58900
Salt Lake City, UT 84158-0900
D. Representative:
Same as applicant
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning, rezone, and preliminary plat which require a
public hearing before the Planning & Zoning Commission and City Council, consistent with
Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: February 15, and 29, 2016 (Commission); March 14 and
28, 2016 (City Council)
C. Radius notices mailed to properties within 300 feet on: February 5, 2016 (Commission); March
10, 2016 City Council)
D. Applicant posted notice on site by: February 16, 2016 (Commission); March 18, 2016 (City
Council
VI. LAND USE
A. Existing Land Use(s) & Zoning: The Northwest Pipeline facility exists on the northeast portion of
the property included in the plat at 1301 S. Locust Grove Road, zoned C -G; and an existing home
and outbuildings exist on the remaining portion of the site, zoned RUT in Ada County with a
sliver at the north boundary of the site zoned C -G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Interstate 84, zoned C -G and RUT in Ada County
South: Maverik convenience store/fuel facility and vacant/undeveloped land, zoned C -C; and E.
Overland Road and single-family residences across Overland, zoned R-4
East: S. Locust Grove Road and vacant/undeveloped industrial and commercial land, zoned I -L
and C -G
West: Church, zoned L -O; vacant/undeveloped land, zoned C -G; a daycare facility, zoned C -G;
and an ACHD retention pond, zoned RUT in Ada County
C. History of Previous Actions:
The property owned by Northwest Pipeline at the northeast corner of the plat area was
annexed into the City in 2006 (Ordinance #06-1239). A strip of land along the north
boundary was also previously annexed with a C -G zoning district; however, the ordinance
information is shown as "pending" in the City's mapping data therefore staff is unaware of
the history on this portion.
An application for annexation and zoning (AZ -08-015), rezone (RZ-08-009), preliminary plat
(PP -08-012) and alternative compliance (ALT -08-027) was approved in 2009 for Fignut
subdivision; however, the development agreement was never executed and the property was
not annexed and the approvals have expired.
Swindell Subdivision RZ-15-011; AZ-15-OLO; PP -15-013 PAGE 3
EXHIBIT X
D. Utilities:
Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently
exist directly to the west of the subject site, as well as along the south side in
E. Overland Road.
Location of water: Water mains intended to provide service to the subject site currently exists to
the east and south in S. Locust Grove Road and E. Overland Road
respectively.
Issues or concerns: Applicant shall be required to install a sanitary sewer and water mains
through the development to provide service to each lot.
E. Physical Features:
1, Canals/Ditches Irrigation: The Ninemile Creek runs along the west boundary of this site and
has been piped on this property; the applicant states the piping took place several years ago.
2. Hazards: Staff is unaware of any hazards that may exist on this site.
3. Flood Plain: A portion of this property lies within the Meridian Floodplain Overlay District,
VII. COMPREHENSIVE PLAN ANALYSIS
This site is designated Mixed Use — Community (MU -C) on the Comprehensive Plan Future Land
Use Map (FLUM). The purpose of this designation is to allocated areas where community -serving
uses and dwellings are seamlessly 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.
Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but
also walk or bike to (up to 3 or 4 miles. Employment opportunities for those living in and around the
neighborhood are encouraged. Developments are encouraged to be designed according to the
conceptual MU -C plan depicted in Figure 3-3 in the Comprehensive Plan (pg. 27).
The following items should be considered when reviewing development application in MU -C
designated areas:
➢ Development should comply with the general guidelines for development in all Mixed Use
areas (see pages 22-24 in the Comprehensive Plan);
➢ All developments should have a mix of at least 3 land use types;
➢ Residential uses should comprise a minimum of 20% of the development area at
densities ranging from 6 to 15 units/acre;
➢ Non-residential buildings should be proportional to and blend in with adjacent residential
buildings;
➢ Vertically integrated structures are encouraged;
➢ Unless a structure contains a mix of both residential and office, or residential and commercial
land uses, maximum building size should be limited to a 30,000 square foot building
footprint. For community grocery stores, the maximum building size should be limited to a
60,000 square foot building footprint. For the development of public school sites, the
maximum building size does not apply;
➢ Supportive and proportional public and/or quasi -public spaces and places including but not
limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that
comprise a minimum of 5% of the development area are required. Outdoor seating areas at
restaurants do not count toward this requirement;
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 4
EXHIBIT
➢ Where the development proposes public and quasi -public uses to support the development
above the minimum 5%, the developer may be eligible for additional residential densities
and/or an increase to the maximum building footprint.
Sample uses appropriate in MU -C designated areas would include: All MU -N categories and
community -serving uses such as a grocer, clothing stores, garden centers, hardware stores,
restaurants, banks, drive-thru facilities, auto service station, and retail shops.
The applicant intends to develop the property as a community business development with 7 new
building lots; however, a conceptual site plan was not submitted with the application. Without a
concept plan, the City has no assurance of how the property will ultimately develop. Therefore, to
ensure the site develops in accord with the MU -C designation as outlined above, staff recommends a
conceptual site plan is submitted to the City and approved by Council prior to any development
occurring on the site in the future.
Staff has reviewed the subject application and offers the analysis and recommendations contained
herein for the Commission and Council's consideration (Staff analysis in italics):
"Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01 F)
This property is contiguous to land that has already been annexed into the City. Urban
services can be provided to this property upon development.
"Provide housing options close to employment and shopping centers." (3.07.02D)
A minimum of 20% of this property should develop with residential uses at a density between
6-15 units/acre to provide housing options for nearby employment and shopping areas.
"Require neighborhood and community commercial areas to create a site design compatible
with surrounding uses (e.g., landscaping, fences, etc.)." (3.05.02A)
A 50 foot wide landscape buffer is depicted along the north boundary of the site adjacent to
Interstate 84 and street buffer landscaping is proposed along public streets adjacent to this
site and within the development which should be compatible with surrounding uses. A 6 -foot
tall vinyl fence already exists around the Northwest Pipeline property.
"Plan for and encourage services like health are, daycare, grocery stores and recreational
areas to be built within walking distance of residential dwellings." (2.0 1.01 C)
Community serving uses such as those listed or similar uses should develop on this site within
walking distance of residences to the south.
"Cluster new community commercial areas on arterials or collectors near residential areas in
such a way as to complement adjoining residential areas." (3.06.02B)
The proposed community commercial development is located adjacent to two arterial streets
(Overland and Locust Grove Roads) and residential neighborhoods to the south. The
proposed development should provide community serving uses to these residents and
passersby.
"Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets." (2.01.04B)
Landscaping is required to be provided within planter islands in parking areas on this site as
required by UDC 11 -3B -8C and within street buffers as required by UDC 11 -3B -7C as
proposed.
Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 5
EXHIBIT X �
"Require appropriate landscape and street buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (3.06.02F)
The applicant is responsible for installing a 25 foot landscape buffer along S. Locust Grove
and E. Overland Roads; a 50 foot landscape buffer adjacent o 1-84; and a 10 foot landscape
buffer adjacent to the proposed local streets (E. Bird Dog Drive and S. Fignut Way) within
the development.
"Restrict curb cuts and access points on collectors and arterial streets." (3.06.02D)
The preliminary plat depicts one existing access (Bird Dog) via Locust Grove and one
proposed access (Fignut) via Overland., both arterial streets. No other curb cuts or accesses
are proposed.
"Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
The MU -C designation and proposed C -C zone should provide for the development of a
variety of commercial and retail opportunities within this area of the City which will
contribute to existing church, daycare, office and convenience store/fuel facility uses.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zoning District: The put -pose 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.
The C -C district allows a larger scale and broader mix of retail, office, and service uses (than C-
N) with access to arterials or residential collectors. The C -G district allows the largest scale and
broadest mix of retail, office, service and light industrial uses in close proximity and/or access to
interstate or arterial intersections.
B. Allowed Uses: UDC Table 11-213-2 lists the permitted, accessory, and conditional uses in the C-
C and C -G zoning districts.
The applicant does not have a specific use identified for the proposed C -C zoned lots; the C -G
zoned lot is already built out as the Northwest Pipeline facility.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC 11-2B-3 for the C -C and C -G zoning districts as applicable.
D. Landscaping: Landscaping is required to be provided with development in accord with the
dimensional standards listed in UDC Table 11-2B-3 and the standards listed in UDC 11-313.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. ANNEXATION & ZONING (AZ) AND REZONE (RZ):
The applicant requests approval to annex & zone 15.07 acres of land with a C -C zoning district;
and rezone of 0.57 of an acre and 5.09 acres of land from the C -G to the C -C zoning district. The
C -C zoning district proposed with the annexation and zoning & rezone is consistent with the
FLUM designation of MU -C for this property.
The applicant has not submitted a conceptual development plan showing how the site is intended
Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 6
EXHIBIT
to develop. The proposed C -C zoning allows for a wide variety of uses. Without a concept plan or
details on how the site will develop in the future, staff is not comfortable recommending approval
of the annexation and zoning request without some assurance the site will develop in accord with
the MU -C designation. Therefore, as a provision of annexation and rezone, staff recommends a
development agreement is required as allowed by Idaho Code section 67-6511A that contains the
provisions listed in Exhibit B.
The legal descriptions submitted with the application for the annexation & zoning and rezone,
included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The property
is contiguous to land that has been annexed into the City, or is already in the City, and is within
the Area of City Impact boundary.
2. PRELIMINARY PLAT (PP):
The applicant submitted a preliminary plat consisting of 7 building lots, 1 common lot and 1 other
lot on 20.03 acres of land in the proposed C -C district and C -G district for Swindell Subdivision.
Note: A property boundary adjustment (Record of Survey #8418), which shifted the southern
boundary of the Northwest Pipeline property, was recorded in 2008 and was not approved by the
City and therefore not recognized as a "legal" boundary adjustment. Therefore, Staff requested
this property be included as a lot in the proposed subdivision in order to make it a "legal "
property eligible for future permits.
The applicant requests to be allowed up to 2 building permits throughout the platting
process prior to the final plat being recorded if needed. Because there are at least 2 original
parcels of record on this site, staff is amenable to this request. Prior to submittal of a Yd
building permit, the property should be subdivided.
Staff has become aware that a cell tower may be constructed on this site in the future.
Because annexation into the City is requested, Staff recommends a cell tower is not allowed
on this site unless it is approved by the City. Full array towers are prohibited; slimline or
stealth towers may be principally permitted if they comply with the associated standards,
otherwise condition use approval is required (see UDC 11-4-3-43 for more information).
Existing Structures: There is an existing home and accessory structures on the portion of this
site that is currently in the County that are proposed to be removed; these structures are required
to be removed prior to City Engineer signature on the final plat or issuance of the first building
permit, whichever occurs first.
The Northwest Pipeline facility exists on the C -G zoned portion of the site on Lot 5, Block Iat the
northeast corner of the property; these structures are proposed to remain. All existing structures
proposed to remain should comply with the setback requirements of the C -G zoning district listed
in UDC Table 11-213-3.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-213-3 for the C -C and C -G zoning districts. All of
the lots comply with the minimum standards. Future construction of buildings on this site should
comply with the setback and dimensional standards for the C -C and C -G districts as applicable.
There are no setback requirements in the C -C or C -G districts; however, there is a street buffer
requirement of 25 -feet along Locust Grove and Overland which essentially serves as a building
setback. Because additional right-of-way (ROW) was dedicated for the widening of Locust Grove
and the construction of the overpass, the existing structure on proposed Lot 5, Block 1 nearest
Locust Grove Road is now located within 10 feet of the property line and encroaches within the
required street buffer area. For this reason, it is considered non -conforming. Further, because
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 7
i
there is a significant slope in this area, staff is not recommending a street buffer is required along
Locust Grove between I-84 and E. Bird Dog Lane; therefore, the structure is not required to be
removed. An ACHD ROW and slope easement also exists in that area as depicted on the
landscape plan.
Access: There is an existing private street access (E. Bird Dog Ln.) and a shared right-in/right-out
driveway access within a cross -access easement (Inst. #105004260) with the Maverik property
via S. Locust Grove Road; and a new access proposed via E. Overland Road. Local streets (S.
Fignut Way and E. Bird Dog Drive) are proposed for access within the development from the
adjacent arterial streets. Local street access is not available to this property. Therefore, the
proposed accesses comply with the standards listed in UDC 11-3A-3 for access to public streets.
To provide connectivity between the Maverik parcel (#51118449650) and Lot 4, Block 2,
staff recommends a cross -access easement is provided via a note on the recorded plat or a
separate recorded easement.
Stub Streets: There are no existing stub streets to this property and none are proposed to adjacent
properties with this development. A 54 -foot wide access easement to the property to the west (Lot
2, Block 1, Pack It Up Subdivision) is depicted at the intersection of Bird Dog and Fignut; this
access should assist in reducing access points on Overland Road,
Traffic Impact Study (TIS): A TIS was not required by ACHD for this development.
Landscaping: Street buffers are required per UDC Table 11-2B-3 as follows: a 50 -foot wide
buffer is required along Interstate 84; a 25 -foot wide street buffer is required along S. Locust
Grove and E. Overland Roads, both arterial streets; and a 10 -foot wide buffer is required along E.
Bird Dog Drive and S. Fignut Way, both local streets. Landscaping is required in accord with the
standards listed in UDC 11 -3B -7C.
The UDC (11 -6C -3H) does not require street buffers on local streets (i.e. E. Bird Dog Drive and
S. Fignut Way) to be installed until the time of lot development; improvements aren't required to
be installed at the time of plat approval — buffers along all other streets (i.e. S. Locust Grove, E.
Overland, and I-84) are required to be installed at the time of plat approval. The applicant has
requested Council approval to defer installation of the buffer along I-84 until the time of lot
development to prevent landscaping from being damaged during construction; there is not
a provision in the UDC that allows deferral of this requirement.
The applicant has submitted a request for Alternative Compliance to the standards listed in UDC
11 -3B -7C.3 that require trees to be planted within the street buffer along the west side of the
property adjacent to S. Fignut Way; an irrigation and drainage easement exists in this location
that does not allow trees to be planted within the easement. A total of 27 trees are required
within a 10 -foot wide street buffer along Fignut and a 5 -foot wide buffer along the south side of
Lot 2, Block 1, with vegetative groundcover (native grass & shrubs). As an alternative, the
applicant proposes to landscape all of Lot 1, Block 1, which is a 35 -foot wide common lot along
the west side of Fignut; and install a 25 -foot wide buffer along the southern boundary of Lot 2,
Block 1. Staff is amenable to the applicant's request and proposed alternative compliance and
Director approval is granted.
Existing Trees: There are several existing trees depicted on the landscape plan. Mitigation is
required for all existing healthy trees 4 -inch caliper or greater that are removed from the site with
equal replacement of the total calipers lost on site up to an amount of 100% replacement in
addition to required trees. The Applicant should contact Elroy Huff, City Arborist (371-1755) at
the Meridian: Parks Department, for any trees that will be removed.
Pathway: A pathway is not designated on the Pathways Master Plan for this site.
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 8
EXHIBIT X
Waterways: The Ninemile Creek exists on this site along the west boundary and was previously
piped. Because this site is located in the County, City approval was not needed to pipe the creek.
The UDC (11-3A-6) requires creeks to remain open as a natural amenity and not be piped or
otherwise covered.
Fencing: An existing 6 -foot tall vinyl fence is depicted on the landscape plan along the
boundaries of the Northwest Pipeline site; there is also an existing fence along the north and
northwest boundaries of the plat. All fencing should comply with the standards listed in UDC 11-
3A-7.
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17. An attached sidewalk already exists along the frontage of the site on E.
Overland Road and S. Locust Grove Road; the UDC requires detached sidewalks along arterial
streets. However, because the sidewalk was recently constructed and in good condition, staff is
not recommending it be reconstructed. A minimum 5 -foot wide attached sidewalk is required
internally along both sides of E. Bird Dog Drive and S. Fignut Way as proposed.
Utilities: Street lights are required to be installed along public streets adjacent to the development
in accord with the City's adopted standards, specifications and ordinances. All development is
required to connect to the City water and sewer system unless otherwise approved by the City
Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with
the appropriate fire district standards.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa
& Meridian Irrigation district.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Building Elevations: Five conceptual building elevations were submitted for this development,
included in Exhibit A.4. Construction materials depicted for the structures consist of E.F.I.S and
stucco with stone veneer accents. Flat roofs are proposed, some with varying parapet heights and
cornices; others have no variations in profile. Some have modulation in the fagade, others are
lacking. Overhead doors are also proposed on a couple of the rear elevations.
Detailed review of structures proposed to be constructed on this site will take place with submittal
of an Administrative Design Review application concurrent with the Certificate of Zoning
Compliance application. The elevations submitted with this application are not approved. Future
structures proposed in this development should be generally consistent in design and
incorporate some of the same design elements and construction materials to unify the
development. Conceptual building elevations should be submitted with the concept plan
when the development agreement is modified prior to development that incorporates these
items and that are generally consistent with current design standards. Elevations should
reflect design elements suited for commercial developments rather than industrial
developments (i.e. incorporate modulation, fenestration, variations in profile, mix of
materials, etc.).
Staff recommends approval of the proposed RZ and AZ applications with the requirement of a
development agreement; and the PP application with the conditions included in Exhibit B.
IX. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
Swindell Subdivision RZ-15-01 l; A7,-15-010; PP -15-013 PAGE 9
EXHIBIT
2. Proposed Preliminary Plat (dated: 1/13/16)
3. Proposed Landscape Plan (dated: 9/29/15)
4. Proposed Building Elevations
B, Agency & Department Comments/Conditions
C. Rezone & Annexation and Zoning Legal Descriptions and Exhibit Maps
D. Required Findings from Unified Development Code
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 10
EXHIBIT A
Exhibit A.1: Vicinity/Zoning Map
R] fn
I -L Iasi fen
IWS", 1915 ,
11m
VIM
1133 / 19]
,t9U
_ nes
1]L
E Puffin St Ira uto
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 11
EXHIBIT
Exhibit A.2: Proposed Preliminary Plat (dated: 1/13/16)
d
Ij
l
d� i f-
6} � �I
WHPdc—i c
�>na,
�+rr.rr. rr •� s"+'n
!um�r
T49LLL 61Y¢C, YY—^nW
n-
NO7[4
Y}E
ww wra ox±.x v
xr rxa =.aw.� mra=.
part ro
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 12
EXHIBIT � �
Exhibit A,3: Proposed Landscape Plan (dated: 9/29/15)
IMATO�ilE BFiEET L 1
MATOHLlE SHEET L 2 \ i
r f i1
I E.EFDDOG DFIVE E
U
f Q r _
___ — r
Y, 'l, �>� iM I�L�
PLAN
SUBMITTAL REQUIREMENTS,
I
1
v— t
i I A 1 i a
w
0
,
r'
U
6 OVERLAND
'.tea
Ai
I
LANDSCAPE PLAN
PM%*MY PLAT W MRTAL I`• '-e^
SITE STATISTICS,,;,.rM�",.,,
OWNER/APPLICANT E OI EER i 'mY tg"'O n
vwme,.vansas.ur. nwes><r. wn a m- ..mow -r rx Axa
DE017pUS TFEE PLANTM MAL
r.�
12
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 13
l
I VATb{►E 6fE'f L -T I�_
- •- - MATGH.M 8HWr L -t r - - - - ' •- - -
_r
I
SUBMITTAL REQUiiEMENTS
1
i
EOVEIILAN4
r _
p
LANDSCAPE PLAN "TT w
,t✓aamW, K.. N�,T M<.1 �1
SITE STATISTICS
OWNMieA LICANT )s.NaR�EE9
(D oErnluLans FLAlnmoctu.
I N T E N S T A T E b 4
i-:' —� --
I
LANDSCAPE PLAN
PLANT SCIIEOULr Rte`¢ -
LANDSCAPE NOTES
SITE PLAN
L•1
s
E�
L•2
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 14
EXHIBIT X Qj
Exhibit A.4: Proposed Building Elevations (NOT APPROVED)
NORTH ELEVATION
re.r-a
SOUTH ELEVATION
----------------------------------------- %rr:.4
------------------------- - -------------------
X11= :ill :III IF II -
EAST ELEVATION
IW -[*O'
WEST ELEVATION
ra.,ro.
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 15
I—ANT--7--�--j
am -Aim arur
ae me"
EXHIBIT X fj
wxs
1 $T M"AMN
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013
PAGE 16
9
Q V
5X
m
O
�a a
yq<a
e
WGpfCG
�WQ
16ICH
. L
11 to_ -1- ?9 I
A-3
I
EXHIBIT X I,�
!RUTH ELEVATION
NRATH ELEVATION
Vb'.1y6•
e rrcv6 �• •_vrinvw
EAST ELEVATION
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013
1696
M &WO
1O 4696 R A2 B
PAGE 17
Twwu
6NGNla ALLRf4lM 6TGAaFNdIT
"wm wMAaP YPIATID CRp�iE
xirr®eLa ttraGA1
"Ald57D Af cen MA—L
4a14N t0 ba CdeYVIT
a aea NAl�Y T}i!T
26 CAM WAL OAP PLAM116
bTOR� yVF�I �bTALL
PCN MNLMAGTu1C6 6PCd1 ...
GttioN To ba Nowa wvw
P.=M W LCTOSB(
EXHIBIT X g
.AOC WAL GNP FLASK"
Ad
NORTH ELEVATION
VP'.P-O•
A
SOUTH ELEVATION
u OAM WA1 GAP FLAMM
alyyaOaOxin AlLf9N.Fi 6TOKEPgdtt
Ta7WTCDTRd� 1' F�YL�tA�T� aROl17b
EAST ELEVATION
W -P- •
Cb OAOO lWAL GAP PLAMM
' ® . ,�..�..a.:�.
ya t'Up-l4it,GeLOtt
HAWK MTV
a�aSrr-m• --1 aTaavaanAiaTALLta .J
Kii psP; NAtLPJIGnkaa 4FaGJ PAnn TO FNTG!
rAINt O �cH10R6 Get.eN YO Fa No We NMx M�ArwN ware m.
NWPOR WiTa O6kSQ N?6RTAa1 LEQOOsTOQ£
PAW—0 TYP4AL WEST ELEVATION
Un'.I�n•
mre�rotw wa a�c�++aace+ra
ieo awa rYFUAL
al'�IWY�INAiN.LID
THdt A7�ll STOh9
PNm9 Rp(OAI.
u";, "A ram
MOM VV49 N NatA"w
F0t►UFJAW oft"
GOViN TO bC Ptk'.ti6IPA�DNdTNCOlR
E
PAN" tYFKA6
melm.
Na„ftALA
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 18
T T
-- r i
fTl=0
� sta'G.9"tl
an.14" OWE
co@mce,CMO
x KwrAa.ry
"A,V= A 1 l
MI M KY N
• Re' -a'
r dao KK
an4C4 "Am
*
4 r
'sfcrmc. c.An
NORTH ELEVATION
EXHIBIT (3
N L0.TT.
a SOUTH ELEVATION
f-w
�.�aaco ceArw,
�N
STC+ /�CrAI.
LXI: ti{pt Yi
Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 19
EXHIBITtA'13
B. Agency & Department Comments/Conditions
1. PLANNING DEPARTMENT
1.1.1 A Development Agreement (DA) is required as a provision of annexation and rezone of this
property. Prior to the annexation and rezone ordinance approval, a DA shall be entered into
between the City of Meridian, the property owner(s) at the time of annexation/rezone 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. The DA shall,
at minimum, incorporate the following provisions:
a. Prior to any development occurring on the site (including issuance of building permits),
the development agreement shall be modified to include a conceptual development plan
and building elevations for the overall development.
The conceptual plan shall demonstrate consistency with the Mixed Use — Community
designation per the Comprehensive Plan and shall include at least 3 land use types.
0
,16 of the development area at a density
Conceptual building elevations for future structures within this development shall be
generally consistent in design and incorporate some of the same design elements and
construction materials to unify the development. Elevations should reflect design
elements suited for commercial developments rather than industrial developments (i.e.
incorporate modulation, fenestration, variations in profile, mix of materials, etc.).
b. The subject property is allowed two (2) building permits prior to subdivision of the property.
Prior to submittal of the third building permit, the subject property shall be subdivided.
c. The existing home and associated outbuildings shall be removed from the site prior to
signature by the City Engineer on the final plat or issuance of the first building permit,
whichever occurs first.
d. Future development of this site shall substantially comply with the preliminary plat and
site/landscape plan included in Exhibit A and the conditions contained herein.
e. Future development shall comply with the design standards listed in UDC 11-3A-19 and the
City of Meridian Architectural Design Manual.
fl. A er-ass aecess/ingr-ess egress easement shall be provided bety�,een the Maver-ik Pa
(#S1118449650) and Let 4, Bleek 2 via a note on the final plat or- a separate r-eeer-ded
easementin aeeefd with UDG 11 3A fir.
g. The developer shall provide a 35 -foot wide buffer along the west boundary of the site
adjacent to S. Fignut Way; and a 25 -foot wide buffer along the southern boundary of Lot 2,
Block 1 landscaped with native grasses and bushes as alternative compliance (A-2016-0072)
to UDC 11 -3B -7C.3. Because of the irrigation and drainage easement that exists along the
west boundary of the site, trees are prohibited within the easement. All buffers may, be
constructed at the time of lot development.
h. A cell tower shall not be constructed on this site unless specifically approved by the City.
1.1 Site Specific Conditions of Approval (Preliminary Plat)
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 20
EXHIBITS (j
1.2.1 The preliminary plat prepared by Munger Engineering, dated 1/13/2016, attached in Exhibit A, is
approved with the following modifications:
a. Depict and label the 100 -foot wide NMID easement along the west boundary of the site for
the Ninemile Creek.
b. Depict and label the 20 -foot wide ACHD drainage easement that parallels the irrigation
easement along the west boundary of the site and connects to the ACHD detention pond
located west of Lot 2, Block 1.
1.1.2 The landscape plan prepared by South Landscape Architecture, dated 9/29/2015, attached in
Exhibit A, is approved with following modifications:
a. Depict the location of the NMID 100 -foot wide easement and ACRD 20 -foot wide easement
along the west boundary of the site.
1.1.3 A portion of the Development lies within the Meridian Floodplain Overlay District.
Development shall comply with the provisions for Flood Damage Prevention contained in
Meridian City Code Title 10 Chapter 6.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-313-6 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 11-313-51
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11 -3B -5I,
11-313-8C, and Chapter 3 Article C.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B -
7C (streets).
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11 C.
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 Bicycle parking spaces shall be consistent with the design standards set forth in UDC 11 -3C -5C.
1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11 -3B -11C.
1.2.14 Comply with the structure and site design standards set forth in UDC 11-3A-19 and the City of
Meridian Architectural Standards Manual.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 21
EXHIBIT 13
1.3 Ongoing Conditions of Approval
1.3.1 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.
1.4 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 submit and obtain approval of a Certificate of Zoning Compliance application
and Administrative Design Review from the Planning Division, prior to submittal of building
permit application(s).
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Applicant shall be required to install an 8 -inch diameter water main to the west boundary line of
the development in feral alignment with the "'-14D gfavel aeoess read to the drainageretention
basin off the '` W eemer 54 -foot access easement for Lot 2, Block 1 of Pack It Up Subdivision.
2.1.2 A street light plan will need to be included in the civil construction plans. The plan will need to
include the installation of Type I lighting along Records Road. 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 htt ://www.meridiancitor /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 be dedicated using the City of
Meridian's standard forms. Applicant shall 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. 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 shall 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,
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 22
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 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.
2.2.6 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.7 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.
2.2.8 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.
2.2.9 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.
2.2.10 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.
2.2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.12 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.13 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.14 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.
2.2.15 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.
2.2.16 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.
2.2.17 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.
2.2.18 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
Swindell Subdivision RZ-15-011; A7--15-010; PP -15-013 PAGE 23
EXHIBIT fi 0
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 The proposed project has no Fire Department concerns.
5. REPUBLIC SERVICES
5.1 Republic Services has no comment at this time on this development.
6. PARKS DEPARTMENT
6.1 The applicant is required to comply with the mitigation standards listed in UDC 11 -3B -10C.5 for any
existing trees 4 -inch caliper or greater that are removed from the site. Contact Elroy Huff, City
Arborist (208-371-1755), prior to removal of any existing trees from the site.
7. ADA COUNTY HIGHWAY DISTRICT
On February 23, 2009 the Ada County Highway District reviewed and approved
this site as Fignut Subdivision (MAZ-08-015/MAZ-08-009/MPP-08-012). The
District had site specific requirements related to that application which also apply
to the current application (see below).
The applicant will be required to pay all applicable platting and review fees prior to final
approval.
7.1 Site Specific Conditions of Approval
7.1.1 Close the existing curb cut on Locust Grove Road and replace it with curb, gutter, and sidewalk
to match existing improvements on either side.
7.1.2 Either dedicate 60 -feet of right-of-way from the centerline of Overland Road, OR dedicate 50 -
feet of right-of-way from the centerline of Overland Road and provide a 10 -foot wide sidewalk
easement abutting the parcel. The right-of-way purchase and sale agreement and deed must be
completed and signed by the applicant prior to scheduling the final plat for signature by the
ACRD Commission or prior to issuance of a building permit (or other required permits),
whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after
receipt of all requested material. The District will purchase the right-of-way which is in addition
to existing right-of-way from available Corridor Preservation Funds.
7.1.3 Close the existing curb cuts onto Overland Road and replace them with curb, gutter, and sidewalk
to match existing improvements on either side.
7.1.4 Construct the Bird Dog Drive to intersect Locust Grove Road located approximately 500 -feet
north of Overland Road (measured centerline to centerline).
7.1.5 Construct the Fignut Way to intersect Overland Road located approximately 600 -feet west of
Locust Grove Road (measured centerline to centerline).
7.1.6 Construct Bird Dog Drive and Fignut Way as 40 -foot commercial/industrial street sections with
vertical curb, gutter, and 5 -foot wide attached concrete sidewalk on both sides.
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 24
EXHIBIT A fj
7.1.7 Other than access specifically approved with this application, direct lot access to Locust Grove
Road and Overland Road is prohibited, and shall be noted on the final plat.
7.1.8 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 right-of-way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACED roadway or
right-of-way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
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 Comply with the District's Tree Planter Policy,
7.2.6 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 file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
7.2.11 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 DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
5.2.12 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 the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
5.1.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 25
EXHIBIT D
C. Rezone & Annexation and Zoning Legal Descriptions and Exhibit Maps
P.N. 2436
la hd 5meying, hg, 11c
315 E. Pao5kin Ptive Boise, IP 83716
208.794.6622 Tele,
ANNEXATION DESCRIPTION
July, 6, 2015
A parcel of land located in the Southeast 1/4 of Section 18, UN., R. i E., B.M., Ada
County, Idaho, and being more particularly described as follows:
Commencing at the Southeast corner of said Section 18, from which the South 1/4 corner
of said Section bears S 89044'18" W, 2649.09 feet,
thence S 99'44'18" W along the South boundary of said Section 18 and the centerline of
E. Overland Rd., for a distance of 420.31 feet, to the REAL POINT OF BEGINNING;
thence continuing S 89'44'18" W along the South boundary of said Section 18 and the
centerline of E. Overland Rd., for a distance of 201.62 feet;
thence leaving said boundary and centerline N 2902'44" W for a distance of 639.50 feet
to the Northeast corner of Pack It Up Subdivision as filed in Book 84 at Page 9360, Ada
County Records;
thence N 68'22'27" W along the Northerly boundary of said subdivision for a distance
of 368.85 feet;
thence leaving said Northerly boundary N 00°27'30" E for a distance of 297.86 feet to
the South boundary of the N 1/2 of the N 1/2 of die SEIA of the SE 1/4 of said Section 18;
thence N 89043'12" E along said South boundary for a distance of 870.99 feet;
thence S 00°43'42" E for a distance of 237.09 feet;
thence S 32'23'17" E for a distance of 310.78 feet;
thence S 42'19'48" E for a distance of 166.47 feel;
thence S 89°28'20" E for a distance of 123.78 feet to a point on East boundary line of
said Section 18;
thence S 00°31'53" W along said East boundary line for a distance of 106.55 feet;
Z:1PrcjjectslFignut (xxxx)1Documen(s\Switide] l-AnnexDese.doc-1
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 26
EXHIBIT
thence leaving said boundary line S 89'44'18" W for a distance of 423.96 feet;
thence S 00°15'42" E for a distance of 264.00 feet to the ILEAL POINT OF
BEGINNING;
containing 15.07 acres of land, more or less.
Prepared by: Todd R. Waite P.L.S.
Z:\l'rojects\Fignut (xxxx)Wocunnonls\Switide] l-Annexl)osc.doc-2
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 27
ADACOUNTY
S TORAl WA TER
POND S1TE
cos m nas
TOIOW SUDOLNSM
EXHIBIT X 13
INTERSTATE 84
N89'43'12"E 870.99' Ar
O
tJ O
GV1 L4
O P
JL
to UNPL A TTEO
r?�22Nw 15.07 ACRES -o
KO. R001`31G, kw..
1100 OY£RLAW
w> LEARNING OAI7L'tT!
CHl1D CARE CE7LiFR
x OD6�'j" w
18 s 89.44.16' w _ s1ssY _ _ _ S89-44'
I9 1312.8 B9'44'I6r E 2649.08 C11 E OVERLAND RIX 201.1
25 100400 REAL POINT -
OF BEGINNING
D 50 200 500
SCALE: 1" = 200'
THESE DRAWINGS, OR ANY PORTION THEREOF, SHALL
NOT BE USED ON ANY PROJECT OR EXTENSIONS OF THIS
PROJECT EXCEPT BY AGREEMENT IN WRITING WITH WAITE
LAND SURVEYING, LLC.
land surveying, lic
315 East PanskiI) Drive, Boise, ID 83716
208.794.6622 Tele,
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 28
589'44'18"W 423.96'
o >
1n C
,
d7
N
.7 -
p 7R
OF
rDSS 69'4VIV w g 420.3t'to
J
u
to
20
CITY OF MERIDIAN ANNEXATION
EXHIBIT
W A I
land surveying, lic
315 East PanskiI) Drive, Boise, ID 83716
208.794.6622 Tele,
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 28
P.N. 2436
EXHIBITA�
WAITE
land 5u vveyi ng, 11c
315 E. P7 mkfh PHve, Mi5c, ED 83716
208.794.6622 Tele.
REZONE CG TO CC ZONE
FOR
PROPOSED SWINDELL SUBDIVISION
July 15, 2015
A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R.IE., B.M., Ada
County, Idaho, and being more particularly described as follows:
Commencing at the Southeast corner of said Section 18,
thence N 00°31'53" E along the East boundary of said Section 18 and the centerline of S.
Locust drove Rd., for a distance of 370.58 feet to the REAL POINT OF BEGINNING;
thence N 89°28'20" W for a distance of 123.78 feet;
thence N 42° 19'48" W for a distance of 166.47 feet;
thence N 32'23'17" W for a distance of 9,92 feet;
thence N 88°49'29" E for a distance of 242.52 feet to a point on the centerline of S.
Locust Grove Road;
thence S 00°31'53" W along said centerline for a distance of 137.57 feet to the REAL
POINT OF BEGINNING;
containing 0.57 acres of land, more or less.
Prepared by: Todd R. Waite P.L.S
OF0
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 29
EXHIBIT yi l?
WAITE
land %Weyinq,11C
315 E. Pgo5Cin Pilve, boiSc„ IP 83716
208.794.6622 Tele,
P.N. 2436 July 15, 2015
REZONE CG TO CC ZONE #2
FOR
PROPOSED SWINDELL SUBDIVISION
A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R. I E., B.M., Ada
County, Idaho, and being more particularly described as follows:
Conunencing at the Southeast corner of said Section 18,
thence N 00°31'53" E along the East boundary of said Section 18 and the centerline of S.
Locust Grove Rd., for a distance of 997.01 feet to the REAL POINT Or BEGINNING;
thence S 89°37'27" W for a distance of 411.18 feet;
thence S 89'43'12" W for a distance of 870.99 feet;
thence N 00027'30" E for a distance of 18 1. 13 feet to the centerline of Interstate 84;
thence S 89'34'11 " E along said centerline for a distance of 1282.26 feet to a point on the
centerline of S. Locust drove Road;
thence S 00°31'53" W along said centerline for a distance of 164.55 feet to the DEAL
POINT OF BEGINNING;
containing 5.09 acres of land, more or less.
Prepared by: Todd R. Waite P.L.S. f U I,
T)
Swindell Subdivision RZ-15-011; A7--15-010; PP -15-013 PAGE 30
EXHIBIT X
Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 31
S89`34'11"E
1282.26'
3
!N T E R S TA TE
84 N
o
REZONE CG TO CC ZONE
5.09 ACRES
cn
S89'43'12"W 870.99'
S8937'27"W 411.18'
REAL POINT
m
OF BEGINNING #2
�
UNPLA ITED
x
Emma ca zw0
.Np
U
's
N32'23'17"W N88*49'29"E REZONE
L
9.92'242 52 CG TO CC
tiA SO0'31,53"w
2y 0.57 AC. �^
.
REAL POINT
OF BEGINNING
N89'28'20"W 1K
123.78'
15' a
Z>
0
e
xav — �
200'
io
c
�
�d
i7
o
�
48.00'
S es'M9E° W 420.31' 10 17
10 m
99
A'T
WAIT
C/L L OVERLAND RQ r3N•RIE
(a n d 5 U rvey i n g, 1 1 c
CITY OF MERIDIAN ZONING EXHIBIT
315 E. P�nskin Drive, Boise, IP 83716
REZONE FROM CG TO ZONE CC
208.794.6622 Tele.
PROPOSED SWINDELL SUBDIVISION
Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 31
EXHIBIT 6
D. Required Findings from Unified Development Code
1. ANNEXATION FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The City Council finds that the proposed map amendment of 15.07 acres to the C -C
zoning district is a compatible zoning district in MU -C designated areas per the
Comprehensive Plan. Future development should be consistent with the Comprehensive
Plan for the MU -C designation. See Section VII of the Staff Report for more information.
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The City Council finds that future development of this property should provide for the
retail and service needs of the community in accord with the purpose statement of the
commercial districts and the development regulations for the C -C district if the
development agreement provisions are adhered to.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that a 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,
The City Council finds that a zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing sei vices to this site.
e. The annexation is in the best of interest of the City (UDC 11-513-3.E).
The City Council finds that all essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public
funds. In accordance with the findings listed above, the City Council finds the proposed
annexation is in the best interest of the City if the Applicant enters into Development
Agreement with the City as required.
2. REZONE FINDINGS
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an amendment to
the Comprehensive Plan, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 32
EXHIBIT ¢i l3
The City Council finds that the proposed map amendment of 5.66 acres of land from the
C -G to the C -C zoning district is a compatible zoning district in MU -C designated areas
per the Comprehensive Plan. Future development should be consistent with the
Comprehensive Plan for the MU -C designation.
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The City Council finds that future development of this property should provide for the
retail and service needs of the community in accord with the purpose statement of the
commercial districts and the development regulations of the C -C district if the
development agreement provisions are adhered to.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to
the public health, safety, or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any
adverse impact upon the delivery of services by any political subdivision providing
services to this site.
e. The annexation (as applicable) is in the best interest of the City.
The City Council finds that this finding is not applicable as the proposed application if
for a rezone.
3. PRELIMINARY PLAT FINDINGS:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial conformance with the
adopted Comprehensive Plan. The City Council supports the proposed plat layout as it
complies with the provisions of the Comprehensive Plan. Please see Comprehensive
Plan Policies and Goals, Section 7, of the Staff Report.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services can be made available to accommodate the
proposed development. (See Exhibit B of the Staff Report for more details from public
service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
own cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
Exhibit D - 1 -
EXHIBIT A �j
d. There is public financial capability of supporting services for the proposed
development;
Based on comments provided in this report, the City Council finds there is public
financial capability of supporting services for the proposed development. See Exhibit B
for more information.
e. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council finds the proposed development will not be detrimental to the public
health, safety or general welfare. ACHD considers road safety issues in their analysis.
f. The development preserves significant natural, scenic or historic features.
The City Council is unaware of any historic features on this site; the Ninemile Creek
which is considered a natural and scenic feature was previously piped along the west
boundary of the site. Therefore, the City Council finds there are no significant existing
features that should be preserved.