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Gibson Amity Development Agreement H-2016-0036ADA COUNTY RECORDER Christopher D. Rich 2016-087031 BOISE IDAHO Pgs=30 DAWN TRIVOLIS 09/14/2016 02:51 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. CLG, Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into thisday of!S,�i-,1'-Yh.1,51C" 2016, by and between City of Meridian, a municipal 3 corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and CLG, Inc., whose address is P. O. Box 395, Meridian, Idaho, 83680, hereinafter called OWNER/ DEVELOPER. 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, Of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning, that the Owner/Developer make a written commitment concerning the use or development of the sulliect Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-58-3 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 approximately 5.864 acres of land from the RUT zoning district in Ada County to the I -L (Light Industr4il) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the PtAblic hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested pr(,-Iiminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses Of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and DEVELOPMENT AGREEMENT — GiBsoN AMITY PROPERTY (H-2016-0036) 1AGE 1 OF, S 1.7 WHEREAS, on the 9"' day of August, 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 final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERIDEVELOPER: means and refers to CLG, Inc., whose address is P.O. Box 395, Meridian, Idaho 83680, the party that own and are developing said Property and shall include any subsequent owner(s)/developers of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Light Industrial (I -L) District and attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT- GIBBON AMITY PROPERTY (H-2016-0036 PAGE 2 OF 8 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. Future development of the site shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines in the City of Meridian Architectural Standards Manual. b. Development of this property shall substantially comply with the concept plan included in Exhibit A,2 of the Staff Report which is a part of the Findings of Fact and. Conclusions attached hereto as Exhibit B. c. When the adjacent properties are annexed and redeveloped with compatible uses, the developer shall record a reciprocal cross -access agreement to both western and eastern property lines (Parcel #'s S 1131223012 and S 1131212400) in order to accommodate future interconnectivity between the subject property and the future uses. d. A minimum 25 -foot landscape buffer shall be provided along E. Amity Road within six (6) months of connection to city utilities. The landscape buffer shall be landscaped in accord with the standards listed in UDC 11-3B-5 and 11 -3B -7C. e. Within six (6) months of connection to city utilities, the applicant shall install All landscape and frontage improvement associated with the site including a 10 -foot wide multi -use pathway along the north boundary of this site within the landscape buffer along E. Amity Road. f. Any development of land containing the 75 -foot wide gas line easement must comply with the Northwest Pipeline Development Guidelines. An encroachment permit is required for any improvements proposed within the pipeline easement. g. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. h. Applicant shall be responsible for the physical connection to the sanitary sewer and water systems, and the payment of all associated expenses, including sanitary sewer and water assessment, and meter charges within 60 -days of each individual utility being available per MCC 9-1-4 and MCC 9-4-8. i. The applicant shall comply with the standards set forth in UDC 11-3A-14 regarding outdoor storage as an accessory use. j. All easements must be shown on the site plan submitted with the Certificate of Zoning Compliance Application. k. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the proposed use, exterior modifications to the existing structures and site design (parking, landscaping, paving, etc.) prior to issuance of building permits. Any structures proposed to remain on the site shall also be designed to comply DEVELOPMENT AGREEMENT - GIBSON AMITY PROPERTY (H-2016-0036) PAGE 3 OF 8 with said standards and shall be brought up to code to meet the requirements of the UDC and the Architectural Standards Manual within six (6) months of utilities being available to the parcel. The applicant shall remove the telecommunications tower upon annexation into the city. 1. The site plan submitted with the Certificate of Zoning Compliance application for this site shall take into consideration the ultimate right-of-way for E. Amity Road per the Master Street Map in regard to sidewalk, street buffer and building locations as well as the Williams Pipeline easement and the Watkins Drain easement. 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 - GIBSON AMITY PROPERTY (H-2016-0036) 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 agree 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 agree 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, ID 83642 Meridian, ID 83642 DEVELOPMENT AGREEMENT - GIBSON AMITY PROPERTY (H-2016-0036 PAGE 5 OF 8 OWNER/DEVELOPER: CLG, Inc. P. O. Box 395 Meridian, ID 83680 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 have fully performed their 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 DEVELOPMENT AGREEMENT - GIBSON AMITY PROPERTY (H-2016-0036) PAGE 6 OF 8 written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution ofthe 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. CITY OF MERID Q`QO�PZeo AUGUST' B . w Mayor my de Weerd ATTEST: B ID 6 IDANO w a 1R0 V��/�T (Z � A FR ofthe� DEVELOPMENT AGREEMENT — GIBSON AMITY PROPERTY (H-2016-0036) PAGE 7 OF 8 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0036 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 5.864 Acres of Land with an I-L Zoning District, for the property located at 357 E. Amity Road in the NW ¼ of Section 31, Township 3N., Range 1E., by CLG, Inc., Inc. Case No(s). H-2016-0036 For the City Council Hearing Date of: July 26, 2016 (Findings on August 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0036 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 26, 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 annexation and zoning is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of July 26, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months 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 six (6) month approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 26, 2016 By action of the City Council at its regular meeting held on the 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER vl day of & I ' VOTED VOTED VOTED 11wffmijwj'as VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Ta y e Weerd Attest: Gomer _ T\ r Chyof W E IDIAN IDAHO Jaycee 4olman SEAL City Clerk Hyl''_ Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: C • -S / / (.6,9 L Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0036 3- Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 1 STAFF REPORT Hearing Date: July 26, 2016 TO: Planning and Zoning Commission FROM: Josh Beach, Associate City Planner 208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0036 – Gibson Amity Property–AZ 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, CLG, Inc. has submitted an application for annexation and zoning (AZ) of 5.864 acres of land with an I-L zoning district for Gibson Amity Property. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 23, 2016. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Tamara Thompson ii. In opposition: None iii. Commenting: None iv. Written testimony: Tamara Thompson, Applicant’s Representative (response to the staff report) v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Timing of the architectural improvements for the buildings that will remain on site. ii. Timing for redevelopment of the property. iii. Condition 1.1.1C regarding cross-access to the parcel to the east and whether that is appropriate. iv. Removal of the existing telecommunications tower on site. d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1C to read “Reciprocal cross access to the east will be granted when the property is annexed to the City of Meridian and is developed as a compatible use.” ii. Modify condition 1.1.1D and 1.1.1E to require these improvements within six(6) months of connection to city utilities. iii. Modify 1.1.1K to require the existing buildings to be brought up to city code and design review within six (6) months of sewer and water connections, and that the communications tower be removed upon annexation. e. Outstanding Issue(s) for City Council: i. None Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 2 The Meridian City Council heard these items on July 26, 2016. At the public hearing, the Council approved the subject AZ and MDA requests. a. Summary of City Council Public Hearing: i. In favor: Tamara Thompson (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Timing of the architectural improvements for the buildings that will remain on site. ii. Timing of connection to city utilities d. Key Council Changes to Commission Recommendation i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2016-0036 as presented in staff report for the hearing date of May 5, 2016 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2016-0036 as presented in staff report for the hearing date of May 5, 2016 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2016-0031 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 357 E. Amity Road (Parcel # S1131212652) The site is generally located near the southeast corner of E. Amity and S. Meridian Roads, in the NW ¼ of Section 31, Township 3N., Range 1E. b. Owner/Applicant: CLG, Inc. P.O. Box 395 Eagle, ID 83680 c. Representative: Tamara Thompson, The Land Group 462 E. Shore Drive, Suite 100 Eagle, ID 83616 d. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 3 a. The subject application is for annexation & zoning. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: April 18 and May 2, 2016 (Commission) July 4 and July 18, 2016 (Council) c. Radius notices mailed to properties within 300 feet on: April 7, 2016 (Commission) June 30, 2016 (Council) d. Applicant posted notice on site by: April 19, 2016 (Commission) July 8, 2016 (Council) 6. LAND USE a. Existing Land Use(s): The subject property is currently developed with three (3) industrial buildings. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: 1. North: E. Amity Road and property zoned RUT in Ada County 2. East: Vacant property, zoned RUT in Ada County 3. South: Vacant land, zoned R-4 4. West: A proposed storage facility, zoned I-L c. History of Previous Actions: Gravel mining operations were approved through the County. d. Utilities: 1. Public Works: Location of sewer: Sanitary sewer mains to provide service to the subject site currently do not exist. Location of water: Water mains to provide service to the subject site currently do not exist. Issues or concerns: The Meridian Public Works Department will be extending sanitary sewer and water service to this area as part of planned capital projects. The water extension is tentatively scheduled for completion the summer of 2016. Design work is underway for the sanitary sewer, and construction will be completed by December of 2017. e. Physical Features: 1. Canals/Ditches Irrigation: The City received comments from the Boise Project Board of Control that the Watkins Drain traverses the property and is contained in a 100-foot easement. 2. Hazards: A 75-foot easement for the Williams-Northwest Pipeline Corporation transverses the property from the northwest corner to the southeastern corner. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. Those properties impacted by the easement must adhere to the standards in the developer handbook provided by the gas company. 3. Flood Plain: This property is not within the floodplain overlay district. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Mixed Use–Non Residential (MU-NR) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of the MU-NR designation is to set aside areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 4 these areas. The City envisions a wide variety of non-residential land uses may occur in the MU- NR areas. See pages 30-31 in the Comprehensive Plan for more information. Mixed use designations provide for a combination of compatible land uses within a close geographic area that allows for easily accessible services for residents and the workers. The intent of this designation is to promote developments that offer functional and physical integration of land uses while allowing developers a greater degree of design and use flexibility. In reviewing development applications, the following items will be considered in MU-NR areas: No new residential uses will be permitted (existing residential will be allowed to remain and expand accessory structures). Development is not required to comply with the items listed for development in all Mixed Use areas. All developments should have a mix of at least two types of land uses. Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged. In developments where multiple commercial and/or office buildings are proposed, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. A transitional use is encouraged on the perimeter of the MU-NR areas between any existing or planned residential development. Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 5 Community facilities such as a hospital, school, park, daycare, civic building or public safety facilities are encouraged in larger developments. All retail and service commercial components of projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, food service/restaurants, industry or warehouse uses. Sample uses, appropriate in MU-NR areas would include: employment centers, professional offices, flex buildings, warehousing, industry, storage facilities and retail, and other appropriate non-residential uses. Appropriate zoning districts include: C-G, C-C, L-O, I-L and I-H. The applicant proposes to annex the site with an I-L zoning district which is an appropriate zoning district for an MU-NR designated area. The site is proposed to develop with industrial uses, specifically a contractor’s yard. This project is part of a larger MU-NR area, so staff does envision a mix of uses to develop in the area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): Compose and implement standards and mitigation measures for development near the northwest Pipeline and the liquefied natural gas tank in northwest Meridian.” (6.05.01I) A 75-foot easement for the Williams-Northwest Pipeline Corporation transverses the property from the northwest corner to the south eastern corner. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. Those properties impacted by the easement must adhere to the standards in the developer handbook provided by the gas company. Any improvements and construction within the easement area will require the review and approval of the gas company prior to the commencement of any construction. Require appropriate landscaping and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.).” (3.06.02F) The subject property abuts E. Amity Road on the north and is classified as an arterial road and requires a 25 foot landscape buffer. The buffer must be landscaped in accord with the standards listed in UDC 11-3B-7C. Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A multi-use pathway is required along the south side of E. Amity Road in accord with the City’s Masters Pathway Plan.. Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A 10-foot wide multi-use pathway is required along the north boundary of this site within the landscape buffers along E. Amity Road per UDC 11-3H-4C.4. Mary McPherson Elementary School is a little over 1/3 of a mile to the east of the subject property. Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 6 Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The applicant is requesting one full access driveway onto E. Amity Road. Staff is requiring a cross-access agreement with the property to the east in order to reduce access points onto E. Amity Road. The UDC (11-3A-3A) requires access to be taken from a local street when available; however, there is no local street access available for this parcel. The city did not require cross-access to the property to the west, but if the property ever develops with something other than a storage facility, staff wants to preserve the connectivity. Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit-oriented development as appropriate.” (3.03.03D) A 10-foot wide multi-use pathway is required to be provided along E. Amity Road per the City's Pathways Master Plan. This pathway will allow for alternative modes of transportation such as pedestrian and bicycle. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) Services are not scheduled to be at the proposed site until the water and sewer extension projects are completed, summer of 2016 and December of 2017 respectively. Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) Water is not available to the site, and will not be until late summer of 2016. Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services. “ (3.04.01H) Staff received comments from the above mentioned departments on this annexation. Public works indicated that the property was not scheduled to receive utilities until the water and sewer extension projects were completed. The water extension will be complete in the summer of 2016, and the Sewer extension will be complete December 2017. Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning; use COMPASS' Access Management Toolkit.” 3.01.01J) ACHD Staff recommends the applicant be required to dedicate 48-feet of right-of-way from centerline of Amity Road abutting the site. That means that the applicant will be required to widen Amity Road to 17-feet of pavement from centerline with 3-foot wide gravel shoulders abutting the site. The submitted concept plan for the site does not take into account the additional ROW required by ACHD. The applicant shall take the additional ROW required by ACHD when they apply for the certificate of zoning compliance for the site. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and the surrounding uses based on the analysis above if the developed in accord with the recommended provisions of the prosed development agreement in Exhibit B. 8. UNIFIED DEVELOPMENT CODE Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 7 A. Purpose Statement of Zone: The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: Unified Development Code (UDC) Table 11-2C-2 lists the principal permitted, accessory, conditional, and prohibited uses in the I-L zoning district. The proposed contractor’s yard is a principally permitted use in the I-L zoning district; compliance with the specific use standards listed in UDC 11-4-3-8 for the use is also required. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2C-3 for the proposed I-L zoning district. D. Landscaping: Landscaping is required to be installed on the site in accord with the parking lot standards listed in UDC 11-3B-8C, street buffer standards listed in UDC 11-3B-7C in accord with UDC Table 11-2C-3.. E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 2,000 square feet of gross floor area. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the City of Meridian Architectural Standards Manual. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. AZ: The applicant requests annexation and zoning of 5.864 acres of land with an I-L zoning district, consistent with the MU-NR land use designation. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. Concept Plan: A concept plan was submitted, included in Exhibit A.2 that depicts the two (2) industrial buildings (one approximately 16,500 square feet and the other 15,000 square feet) and associated site/landscape improvements. The three (3) will remain and operate as a contractor’s yard. Cross access is required to the property to the east in accord with UDC 11-3A-3. Cross access is only required to the property to the west if that property develops with something other than a storage facility. ACHD Comments: 1. Staff recommends the applicant should be required to dedicate 48-feet of right-of-way from centerline of Amity Road abutting the site. Amity Road is planned as a 5-lane arterial roadway in the Capital Improvement Plan (CIP) and is impact fee eligible. Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 8 2. The applicant should be required to widen Amity Road to 17-feet of pavement from centerline with 3-foot wide gravel shoulders abutting the site. 3. The applicant should be required to construct 5-foot wide concrete sidewalk a minimum of 41-feet from centerline of Amity Road abutting the site. If sidewalk is placed in an easement, the permanent right-of-way easement shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. The site plan submitted with the certificate of zoning compliance should take into account the above mentioned requirements of ACHD. The applicant is requesting to delay the connection to City utilities until such as utilities are available for connection. Based on discussions with the Public Works Department, the public utilities will be extending to this area as part of planned capital projects. The water extension is tentatively scheduled for completion the summer of 2016. Design work is underway for the sanitary sewer, and construction will be completed by December of 2017. Utility connections to the site are contingent on these extension plans. The DA will restrict the site from being developed until the services are available, unless the Council allows the applicant to move forward with a contractor’s yard prior to completion of the utility extension. Contractor’s Yard: The specific use standards for the contractor’s yard listed in UDC 11-4-3-8 apply to development of this site as follows: A. All structures or outdoor storage areas shall be located a minimum of one hundred feet 100') from any residential district. The site abuts a residential district on the south boundary. This site is owned by the City for purposes of developing a future water reservoir site; therefore this requirement is not applicable. B. Outdoor storage areas shall comply with section 11-3A-14, "Outdoor Storage As An Accessory Use", of this title. The applicant shall comply with this requirement. C. The site shall not be used as a junkyard or vehicle wrecking yard as herein defined. The applicant shall comply with this requirement. Outdoor Storage as an Accessory Use: The applicant will need to comply with the standards for outdoor storage areas as set forth in UDC 11-3A-14 as stated above. The UDC requires that the construction yard be completely screened from using a solid fencing material. Staff recommends a minimum 20-foot wide driveway with a minimum 5-foot wide pathway/sidewalk is provided from the proposed site to the property to the east. This will enhance interconnectivity between the site and the future development of the adjacent property. Landscaping: A 25 foot landscape buffer is required along E. Amity Road. The landscape buffer is required to be landscaped in accordance with UDC 11-3B-7C. The unimproved right-of-way adjacent to Amity Road must be landscaped in accord with UDC 11-3B-7C.5. All parking lot landscaping must comply with UDC 11-3B-8C. The landscape plan submitted with the certificate of zoning compliance application must comply with these standards Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 9 Multi-use Pathway: The City's Pathways Master Plan indicates a multi-use pathway crossing the subject property within the pipeline easement. Because the easement bisecta at an angle and the applicant is prosing to operate a contractor’s yard from the site, both Planning and Parks staff believethe 10-foot multi-use pathway is better suited along south side of E. Amity Road, in lienu of a 5-foot wide deatched sidewalk. Therefore, staff recommends that the a10-foot multi-use pathway The developer shall provide a 10 foot wide sidewalk/pathway across its Amity Road frontage. A public pedestrian pathway easement shall be provided for the required sidewalk/pathway. The pathway should be detached from the future curb and have landscaping between the curb and pathway. The applicant should also coordinate and receive approval from ACHD on the construction of the pathway adjacent to Amity Road. Parking: Per UDC 11-3C-6B, in commercial districts, one off-street parking space is required per 2,000 square feet of gross floor area. Based on the total square footage of structures on the site (31,500 s.f.), 16 parking stalls are required. Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 vehicle spaces proposed on the site, in compliance with the standards listed in UDC 11-3C-5C. Industrial Zoning: All buildings in the I-L zoning district are required to be set back 35 feet from the street per UDC 11-2C-3. Williams Pipeline: A 75-foot easement for the Williams-Northwest Pipeline Corporation transverses the property from the northwestern corner to the southeastern corner. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. Those properties impacted by the easement must adhere to the standards in the developer handbook provided by the gas company. Any improvements and construction within the easement area will require the review and approval of the gas company prior to the commencement of any construction. Building Elevations: Structures within the proposed development that are visible from the street or abutting properties are required to comply with the design review standards set forth in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Elevations were not provided with the subject application. Any new buildings are subject to the City’s Architectural Standards Manual. The site is developed with three existing buildings and staff is requiring the existing buildings brought into compliance with our current design standards or removed from the property. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the City of Meridian Architectural Standards Manual. Waterways: The Watkins Drain lies within the boundaries of the proposed annexation, and there is a 50 foot easement from center of the drain in both directions. The applicant is required to meet the requirements of the Boise Project Board of Control. The site plan sumitted with the CZC application must depict the location of the easement. In summary staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive plan and the UDC with the conditions of approval listed in Exhibit B. Based on the aforementioned analysis, staff recommends approval of the subject application. 10. EXHIBITS A. Drawings Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 10 1. Vicinity Map 2. Proposed Concept Plan (dated: 03/14/16) 3. Proposed Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District 8. Boise Project Board of Control C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 20 A. Drawings 1. Vicinity/Zoning Map Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 21 2. Proposed Concept Plan (dated: 03/14/16) Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 22 B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall be consistent with the design standards listed in UDC 11- 3A-19 and the guidelines in the City of Meridian Architectural Standards Manual. b. Development of this property shall substantially comply with the concept plan included in Exhibit A.2. c. When the adjacent properties are annexed and redeveloped with compatible uses, the developer shall record a cross-access agreement to both western and eastern property lines Parcel #’s S1131223012 and S1131212400) in order to accommodate future interconnectivity between the subject property and the future uses. d. A minimum 25-foot landscape buffer shall be provided along E. Amity Road within six (6) months of connection to city utilities. The landscape buffer shall be landscaped in accord with the standards listed in UDC 11-3B-5 and 11-3B-7C. e. Within six (6) months of connection to city utilities, the applicant shall install Aall landscape and frontage improvement associated with the site including a 10-foot wide multi- use pathway along the north boundary of this site within the landscape buffer along E. Amity Road. f. Any development of land containing the 75-foot wide gas line easement must comply with the Northwest Pipeline Development Guidelines. An encroachment permit is required for any improvements proposed within the pipeline easement. g. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. h. Applicant shall be responsible for the physical connection to the sanitary sewer and water systems, and the payment of all associated expenses, including sanitary sewer and water assessment, and meter charges within 60-days of each individual utility being available per MCC 9-1-4 and MCC 9-4-8. i. The applicant shall comply with the standards set forth in UDC 11-3A-14 regarding outdoor storage as an accessory use. j. All easements must be shown on the site plan submitted with the Certificate of Zoning Compliance Application. k. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the proposed use, exterior modifications to the existing structures and site design (parking, landscaping, paving, etc.) prior to issuance of building permits. Any structures proposed to remain on the site shall also be designed to comply with said standards Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 23 and shall be brought up to code to meet the requirements of the UDC and the Architectural Standards Manual within six (6) months of utilities being available to the parcel. The applicant shall remove the telecommunications tower upon annexation into the city. l. The site plan submitted with the Certificate of Zoning Compliance application for this site shall take into consideration the ultimate right-of-way for E. Amity Road per the Master Street Map in regard to sidewalk, street buffer and building locations as well as the Williams Pipeline easement and the Watkins Drain easement. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Sanitary sewer and water services are currently not available to the subject site. The Meridian Public Works Department will be extending sanitary sewer and water service to this area as part of planned capital projects. The water extension is tentatively scheduled for completion the summer of 2016. Design work is underway for the sanitary sewer, and construction will be completed by December of 2017. 2.1.2 Applicant shall be responsible for the physical connection to the sanitary sewer and water systems, and the payment of all associated expenses, including sanitary sewer and water assessment, and meter charges within 60-days of each individual utility being available per MCC 9-1-4 and MCC 9-4-8. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The City's Pathways Master Plan indicates a multi-use pathway crossing the subject property within the pipeline easement. The developer shall provide a 10 foot wide sidewalk/pathway across its Amity Road frontage. A public pedestrian pathway easement shall be provided for the required sidewalk/pathway. 6. REPUBLIC SERVICES 6.1 Republic Services did not provide comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 48-feet of right-of-way from centerline of Amity Road abutting the site. Dedication is impact fee eligible. 7.1.2 Widen Amity Road to 17-feet of pavement from centerline with 3-foot wide gravel shoulders abutting the site. 7.1.3 Construct 5-foot wide concrete sidewalk a minimum of 41-feet from centerline of Amity Road abutting the site. If sidewalk is placed in an easement, the permanent right-of-way easement shall Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 24 encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. 7.1.4 Pave the existing driveway its entire width and at least 30-feet into the site beyond the edge of pavement of the roadway. If a gate is to be installed within the driveway, it should be located a minimum of 50-feet from the edge of the right-of-way. 7.1.5 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 7.1.6 Plans shall be submitted to the ACHD Development Review Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 7.1.7 Comply with the Standard Conditions of Approval as noted below. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call 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. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 25 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 8. BOISE PROJECT BOARD OF CONTROL 8.1 Project easements must be called out on any future preliminary and final plats 8.2 Fencing (as may be required) must be constructed just off the Project facility easement. 8.3 The Boise Project does not approve landscaping (other than grass) within its easements. 8.4 Parking lots, curbing, light poles, sign, etc. and the placing of asphalt and/or cement over Project facility easements must be approved by Boise Project Board of Control prior to construction. 8.5 The construction of any roadway crossings must be conducted only during the non-irrigation season when the lateral is dewatered. In any case no work shall take place within the easement before the proper crossing agreements have been secured through the Bureau of Reclamation and the Boise Project Board of Control. 8.6 Utilities planning to cross any project facility in order to service this development must do so in accordance with the master policies now held between the Bureau of Reclamation and most of the utilities. In any case no work shall take place within the easement before proper crossing agreements have been secured through both the Bureau of Reclamation and Boise Project Board of Control. 8.7 Storm drainage and/or Street Runoff must be retained on site. 8.8 Local irrigation/drainage ditches that cross this property, in order to serve neighboring properties, must remain unobstructed and protected by an appropriate easement. 8.9 Whereas this development is in its preliminary stages, Boise Project Board of Control reserves the right to review plans and require changes when our easements and/or facilities are affected by unknown factors. Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 26 C. Legal Description and Exhibit Map Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 27 Exhibit A Gibson Amity Property – AZ (H-2016-0036) PAGE 28 D. Required Findings from Unified Development Code 1. Annexation & Zoning 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 Council finds the proposed annexation with the I-L zone is consistent with the proposed MU-NR future land use designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the I-L zoning district is consistent with the purpose statement of the industrial districts and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. The Council considered all oral and written testimony that was provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Per the above findings, the Council feels the proposed annexation is in the best interest of the City if the applicant enters into a development agreement and complies with all recommended DA provisions in Exhibit B.