Market Square AZ 04-009
PARTIES:
1.
2.
3.
fÆ
ADA CDUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08/20/04 01:34 PM
DEPUTY Joanne Hooper
RECORDED-REQUEST OF
MERIAN CITY
AMOUNT .00
DEVELOPMENT AGREEMENT
58
1111111111111111111111111111111111111
104107404
City of Meridian
Caven, Inc., Owner
Ustick Marketplace, LLC/Developer
Revised 07-08-04
THI~EVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this~ day of J (Á.. ~ ,2004, by and between CITY OF
MERIDIAN, a municipal corporation of State ofIdaho, hereafter called "CITY', and
CAVEN, INc., whose address is 6874 Fairview Avenue, Boise, Idaho, hereinafter called
"OWNER", and USTICK MARKETPLACE, LLC, whose address is 12601 W. Explorer
Dr. Suite 200, Boise, Idaho, hereinafter called "DEVELOPER".
1.
RECITALS:
1.1
1.2
1.3
1.4
1.5
WHEREAS, "OWNER is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described
in Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
WHEREAS, LC. § 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or pennit as a condition of re-zoning
that the "Owner" and "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
WHEREAS, "Owner" and "Developer" has submitted an
application for annexation and zoning of the "Property's"
described in Exhibit A, and has requested a designation of (C-G)
General Retail and Service Commercial District, (Municipal Code
of the City of Meridian); and
WHEREAS, "Owner" and "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
DEVELOPMENT AGREEMENT (AZ-O4-009)
PAGE 1 OF 28
1.6
1.7
1.8
1.9
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will
be made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
WHEREAS, City Council, the /3 ~day of (["WI. ,2004, has
approved certain Findings of Fact and Conclusion of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owner" and "Developer" to
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
"OWNER" and "DEVELOPER" deem 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
requests; and
1.10
WHEREAS, "City" requires the "Owner" and "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 tenus and conditions of this
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for annexation
and zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
DEVELOPMENT AGREEMENT (AZ-O4-009)
PAGE 2 OF 28
NOW, THEREFORE, in consideration ofthe 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,
tenus, 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
3.2
3.3
3.4
"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
oflawofthe State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNER": means and refers to Caven, Inc., whose address is
6874 Fairview Ave., Boise, Idaho, the party owning said
"Property" and shall include any subsequent owner(s)/developer(s)
of the "Property".
"DEVELOPER": means and refers to Ustick Marketplace, LLC,
whose address is 12601 W. Explorer Dr. Suite 200, Boise, Idaho,
the party developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
"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 annexed and
zoned C-G attached hereto and by this reference incorporated
herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement and which are herein
specified as follows:
The applicant provided a detailed plan for the southern portion
of the property, which includes a Lowe's store on 13.03 acres,
DEVELOPMENT AGREEMENT (AZ-O4-009)
PAGE 3 OF 28
and several pads for small service, commercial and retail in this
general area, and general commercial on the remainder of the
property. A detailed list of permitted conditional and prohibited
uses for the entire site are listed in paragraph 6., Conditions
Governing Development of Subject Property.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has not
presently submitted to "City" an application for conditional use penuit, and shall be
required to obtain the "City's" approval thereof if a conditional use penuit is submitted,
in accordance to the City's Zoning & Development Ordinance criteria, therein, provided,
prior to, and as a condition of, the commencement of construction of any buildings or
improvements on the "Property" that require a conditional use penuit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Developer" shall develop the "Property" in accordance with the
following special conditions:
A.
Adopt the Special Recommendation of the Planning & Zoning Commission as
follows:
1. Modify the first sentence of condition #3.a.ii., pg. 11, of the 5/13/04 staff
report, to read as follows: "The 12 acres shown as "Commercial" on the north
end of the site shall be required to incorporate some professional office or
another non-retail use."
DEVELOPMENT AGREEMENT (AZ-O4-009)
PAGE 4 OF 28
2. Add to Annexation and Zoning Facts and Conditions #3.d, pg. 12, the
following activities/uses: compactor and emergencv generator.
3. Add to Annexation and Zoning Facts and Conditions #3.d., pg. 12, a new
sentence which reads: "All such activities shall be confined between the hours
of6:00 am and 8:00 pm." (Per action of the City Council taken at their June
15,2004 meeting, hours shall be 6:00 a.m. to 8:00 p.m.)
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
I. The legal description submitted with the application meets the requirements of
the City of Meridian and State Tax Commission and places the parcel contiguous
to existing city limits. (Note: This assumes final passage of either the Kissler or
Blue Marlin pending annexations prior to approval of this application.)
2. The subject property is within the Urban Service Planning Area. Essential City
services are or will be made available to the subject property.
3. Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and developer. The DA shall incorporate the
following:
a. Include the detailed and conceptual site plan (received by the City Clerk on
April 16, revised) as an exhibit of the DA (attached hereto as Exhibit C),
noting approval with the following exceptions:
i. Only the new, north-south road location and profile, Baldcypress,
and the large retail building footprint with associated parking receive
detailed approval at the time of annexation. All other representations
on the site plan are conceptual and shall require separate detailed
approvals through the City of Meridian in accordance with the
Zoning and Subdivision Ordinances in effect at the time of
development;
The 12 acres shown as "Commercial" on the north end of the site
shall be required to incorporate some professional office or another
non-retail use. The Zoning Administrator is granted authority
through this DA to detenuine whether a future use andlor site plan
complies with the intent of this agreement;
ii.
DEVELOPMENT AGREEMENT (AZ-O4-009)
PAGE 5 OF 28
iii.
iv.
v.
vi.
The vehicular access points shown on the site plan to Eagle Road/SH
55 and Ustick Road are not approved and must be approved
separately through ACHD and ITD;
The 20- foot wide buffer between land uses on the east property line
shall be constructed along the entire boundary prior to CO's being
issued for any new building on the property. Additionally, the
developer shall ensure a 6-foot sound walLis constructed along the
entire east property line;
The parking ratio for the bulk retail use in the southeast corner shall
be allowed to be one parking space per 250 sq. ft. of gross floor area;
A minimum 7-foot wide pedestrian walkway shall be added to the
site plan, extending north of the Ustick Road sidewalk on the east
side of the middle driveway and across the drive aisle. The
pedestrian walkway may be delineated by paint or other surface
treatment on the asphalt paving.
b. Include the four (4) building elevations, drawn by SSOE, Inc., as an exhibit
of the DA (attached hereto as Exhibit D), noting approval with the following
modifications:
i. All roof-mounted HV AC and other mechanical equipment shall be
screened so as not to be visible nom either Eagle Road/SH 55 or
Ustick Road abutting the property;
The nee-standing sign shown on the east elevation in the garden
center is not approved. Only one free-standing sign shall be allowed
on the Ustick Road frontage.
ii.
c. Include the "Penuitted. Conditional and Prohibited Uses" list. noting the
following modifications:
1. List the following proposed "Permitted Uses" as "Conditional
Uses":
. Bottling and Distribution Plant (Microbrewery Type)
. Hospitals
. Molded Plastic Products
. Utility Facility - Major
. Warehouse Storage
2. Define "Standby Generators"
DEVELOPMENT AGREEMENT (AZ-O4-009)
PAGE 6 OF 28
3. Add "Any structure over 50.000 SQuare feet shall reQuire a
conditional use penuit for site plan review only and not for
penuitted uses. which are listed separately under the application."
(Per action ofthe City Council taken at their June 15,2004
meeting.)
4. Add a footnote to the exhibit which states:
"This list is not an exhaustive inventorv of all possible uses.
When/if a use is proposed that is not specifically listed. such use
shall be expressly prohibited unless by application and authorization
it is detenuined by the Planning and Zoning Administrator that said
use is similar to and compatible with a listed penuitted use. Such
use(s) may then only be permitted as a conditional use. regardless of
the proposed site location."
d. The following standard shall apply to all development on the subject
property: "All loading docks, compactors, emergency generators, trash
collection, outdoor storage or similar facilities and functions shall be
incorporated into the overall building and/or landscape design so that the
visual and acoustic impacts of said functions are minimized. All such
activities shall be confined between the hours of6:00 am and 8:00pm." (Per
action of the City Council taken at their June 15, 2004 meeting.)
e. The DA shall also cite the following Comprehensive Plan policies (nom
Chapter VI and VII) as being applicable to all future development within the
boundaries of this annexation:
Transportation Policies Applicable to the Market SQuare Annexation:
. "Large development proposals that are likely to generate significant traffic
should be assessed for their impact on the transportation system and
surrounding land uses. They should be examined for ways to encourage
all fonus of transportation such as transit, walking, and cycling.
DEVELOPMENT AGREEMENT (AZ-O4-009)
PAGE 7 OF 28
. New development should not rely on cul-de-sacs since they provide poor
fire access, walkability, and neighborhood social life. New development
and streets should be designed to encourage walking and bicycling.
. In addition to providing for enhanced automobile traffic, Meridian should
seek ways to encourage alternative modes of transport. Improvement in
and encouraged use of public transit systems is an important first step.
Public transit includes bus systems and ridesharing. By fostering such
means of high vehicle occupancies, congestion on roadways can be
decreased.
. Pathways that encourage use by bicyclists and pedestrians can decrease
road congestion and add to the community's quality oflife. The proposed
off-street and multiple-use pathway systems are depicted in Figures VI-3
and VI-4. New and existing developments should ensure that the
guidelines laid out in this plan are adopted.
. Eagle Road is the major north-south arterial in Ada County. The capacity
of this arterial should be protected by minimizing the number and location
of private driveway access connections to this important roadway."
Mixed Use Development Policies Applicable to the Market SQuare Annexation:
. "Where feasible, multi-family residential uses will be encouraged,
especially for projects with the potential to serve as employment
destination centers and when the project is adjacent to State Highways 20-
26, 55 or 69;
. Where mixed use developments are phased, a conceptual site plan for the
entire mixed use area is encouraged with the development application or,
depending on the scope of the development, prior to a fonual development
application being submitted;
. In developments where multiple commercial and/or office buildings are
proposed (not residential), the buildings should be arranged to create some
fonu of common, usable area, such as a plaza or green space;
. Where the project is developed adjacent to low or medium density
residential uses, a transitional use is encouraged."
DEVELOPMENT AGREEMENT (AZ-O4-009)
PAGE 8 OF 28
4, Any existing domestic wells and/or septic systems within this project will have to
be removed nom their domestic service, per City Ordinance Section 5-7-517,
when services are available from the City of Meridian. Wells may be used for
non-domestic purposes such as landscape irrigation.
5. The applicant shall contact ITD District 3 regarding the design of the Eagle
RoadiSH 55 sidewalk and landscape buffer. Provide a written response to staff
outlining the results of said discussions and any spe.cific design standards ITD
may request as part of this development.
C.
Adopt the Recommendations of ACHD as follows:
If the rezone is approved and the District receives a development proposal, the
District intends to provide the following requirements, in addition to any
additional requirements that may apply upon District review of future
development, to the City of Meridian:
1. The applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby
the applicant is reimbursed nom impact fees to be collected solely nom the
applicant's spe.cific development project) 60-feet of right-of-way from
centerline along Ustick Road at the Ustick Road and Eagle Road intersection
(for approximately 500 feet) and 48 feet of right-of-way nom centerline along
Ustick Road abutting the remainder of the site, and construct a minimum 5-
foot wide concrete sidewalk along U stick Road, located a minimum of 5 8 feet
from centerline at the intersection of Us tick Road and Eagle Road and 41-feet
nom the centerline of Us tick Road on the remainder of the site.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road, located a minimum of 58 feet
nom centerline at the intersection of U stick Road and Eagle Road and 41- feet
from the centerline of Us tick Road on the remainder of the site, in an
easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road, located at the back edge of the
existing right-of-way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
DEVELOPMENT AGREEMENT (AZ-O4-009)
PAGE 9 OF 28
2. Construct any local roadways that are proposed to intersect Ustick Road to
align or offset a minimum of300-feet nom any existing roadway (measured
centerline to centerline).
3. Construct Bald Cypress Road to provide a minimum of 24 feet of pavement
abutting the site and should construct a 5-foot concrete sidewalk on the south
side of the roadway abutting the site.
4. Construct the driveway that intersects Ustick Road near the Ustick RoadlEagle
Road intersection a minimum of 440 feet nom the signalized intersection for a
full-access driveway and a minimum of 220 feet from the signalized
intersection for a right-in/right-out only driveway.
5. Construct any driveways that are proposed to intersect Ustick Road to align or
offset a minimum of 230-feet nom any existing or proposed driveway or
street.
6. Once the access points have been approved by the District, they are to be
identified as such on the construction drawings. The remaining nontage along
arterial and collector streets shall be identified as having no access.
7. Construct the internal roadways in accordance with District policy.
8. Extend the existing stub street from the east property line into the site.
9. Comply with requirements ofITD for Eagle Road frontage. Submit a letter
nom ITD regarding the said requirements prior to District approval of the
final plat or issuance of a building penuit (or other required penuits),
whichever occurs first. Contact The Idaho Transportation Department's
District III Traffic Engineer Dan Coonce at 334-8300.
10. Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street nontages abutting
the site shall be borne by the developer.
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 10 OF28
3. 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.
4. 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.
5. 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.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building penuit (or other required penuits), which incorporates any required
design changes.
7. Construction, use and property development shall be in confonuance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #197, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. 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
(1-800-342-1585) 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.
10. No change in the tenus and conditions of this approval shaH 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
confinuation of any change from the Ada County Highway District.
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 11 OF 28
11. 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.
D.
Adopt the Recommendations of the Meridian Fire Department as follows:
1) Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a) Fire Hydrants shall have the 4 Y:z" outlet face the main street or parking lot aisle.
b) The Fire hydrant shall not face a street which does not have addresses on it.
c) Fire hydrant markers shall be provided per Public Works spec.
d) Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e) Fire Hydrants shall be placed on corners.
f) Fire hydrants shall not have any vertical obstructions to outlets within 10'.
2) All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
3) Provide a 20' wide Fire Lane for all internal & external roadways.
4) Operational fire hydrants and temporary or penuanent street signs are required before
combustible construction begins.
5) Fire lanes and streets shall have a vertical clearance of 13' 6". This includes mature
landscaping.
6) Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be placed
an average of 300' apart.
7) The commercial project will have an unknown transient population and will have an
unknown impact on Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 2397 responses in the year 2003. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service are
projected to reach 2800 in the year 2005 and 3800 by the year 2010.
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 12 OF 28
8) Maintain a separation of5' nom the building to the dumpster enclosure.
9) All processes & storage practices shall be required to comply with the International Fire
Code.
10) Fire Sprinklers will be required for all buildings associated with this project.
11) No Parking signs and painted curbs will be required for all Fire Lanes.
12) Provide exterior egress lighting as required by the International Building & Fire Codes.
E.
Adopt the Recommendations of the Meridian Police Department as follows:
1. Please contact the Police Chief for detailed review of any development proposal and
submit stamped (approved) plans with your certificate of zoning compliance
application.
F.
Adopt the Recommendations of the Sanitary Services Co. as follows:
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal
and submit stamped (approved) plans with your certificate of zoning compliance
application.
G.
Adopt the action of the City Council taken at their June 15,2004 meeting as follows:
For clarification:
I. The Applicant shall not be required to construct vehicular access to the southernmost
stub street nom Heather Meadows Subdivision located at the eastern boundary of the
property, but shall construct a pedestrian pathway to connect to the stub street.
2. The Applicant shall provide and install a sound barrier on the eastern most boundary
of the property in place of the fencing.
3. The Applicant shall tile the Leighton Lateral with thirty inch concrete pipe.
4. The Applicant shall be required to comply with the ITD landscaping requirements for
the nontage on Eagle Road.
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 13 OF 28
5. The Applicant shall be required to provide a public plaza within the development.
6. Pertaining to the Staff Report, and in particular to sections B.3.c.3. and B.3.d., and
said sections shall now read as follows:
B.3.c.3. Any structure over 50,000 square feet shall require a conditional use penuit
for site plan review only and not for penuitted uses, which are listed
separately under the application.
B.3.d.
The following standard shall apply to all development on the subject
property: "All loading docks, compactors, emergency generators, trash
collection, outdoor storage or similar facilities and functions shall be
incorporated into the overall building and/or landscaping design so that the
visual and acoustic impacts of said functions are minimized. All such
activities shall be confined between the hours of 6:00 a.m. to 8:00 p.m.
7. The Applicant agreed at the June 15, 2004 public hearing, and will be required, to
comply with the restrictions on the penuitted uses, and shall meet the mixed-use
requirements for the development.
8. With the provision of a sound wall on the east boundary, the Applicant shall only be
required to meet the current Meridian City Code requirements pertaining to
landscaping east of the Lowe's building. In other words, a bean is not required.
9. Uses will be governed by Meridian City Ordinance 11-8-1, Zoning Schedule
of Use Control as may be amended from time to time. The following uses
may also be developed as permitted uses:
PERMITTED CONDITIONAL AND PROHIBITED USES
Adult Day Care
Animal Hospital
Auction Establishment
Automobile Related Business: Automobile Repair Shop-Minor; Service Station,
Car Wash
Bank, Financial Institution
Bus Station
Church
Clinics (medical, dental, optical)
Club, Lodge, Social Hall
Convenience Store wlGasoline Service
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 14 OF 28
Construction Businesses: Contractor's Shop, Sheet Metal Shop, Roofing Shop,
Sign Painting Shop
Driving Range
Dry Cleaning
Electrical Equipment and Products
Electrical Supplies and Appliances
Entertainment Centers: Indoor: Bowling Alley, Skating Rink, Arcade, Arena,
Archery
Entertainment Centers: Outdoor: Amusement Park, Ball Park (baseball, football,
soccer,), Water Park, Batting Cages, Go Cart Track
Flex Space: Office Warehouse Mix
Golf Course
Greenhouse, Nurseries (already penuitted)
Grocery Stores
Hotels, Motels
Indoor Firing Range
Laboratories (medical, dental, optical)
Laundry, Clothes Cleaning, Pressing Business
Laundry, Industrial
Laundry, Self-Service
Mausoleum
Medical Research Facilities
Mortuary
Newspaper and Printing Establishment
Office
Parking Lots: Commercial, Off-Site Accessory Parking Lot, Parking
Garage/Structure
Parks and Plazas
Personal Service: Barber Shop, Massage Parlor, Beauty Salon
Pharmacy
Photography Studio
Post-Secondary-Education Facilities
Printing, Lithography, Publishing and Associated Reproduction, exclusive of
Paper Manufacturing
Public and Quasi-Public Uses
Public Service Facilities
Radio and Television Stations (except exterior communications facilities)
Restaurants
Retail
Sales: Building Materials, Hay, Grain, Bulk Garden Supply, Heavy Machinery
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 15 OF 28
Seed and Garden Supply
Self Service Storage
Standby Generators
Theater (excluding Drive-Ins)
Utility Facility - Minor
Vocational, Trade, Industrial Schools
Wholesale Business
The following uses may be allowed upon application and approval as
conditional uses:
Automobile Repair Shop - Major
Bottling and Distribution Plant (Microbrewery Type Only)
Child Care Facilities
Communication Towers
Drive-in, Drive-through Establishments
Hospitals
Missions, Food Kitchens
Molded Plastic Products
Residential (planned development required)
Sales Lots
Schools, Private (vocational, trade and industrial schools are pennitted)
Shelter Home
Utility Facility - Major
Warehouse Storage
The following uses, in addition to those included in Meridian Ordinance
Section 11-8-1 as prohibited uses in the C-C and CoG zones (unless
permitted/conditional use above), are expressly prohibited:
Adult Business (bookstore, theater, perfonnance)
Alcohol Establishments (other than combined with restaurant service or
hotel/motel facility)
Boarding and Rooming House
Bottling and Distribution Plant
Composting Facility
Halfway House
Nursing Homes and Sanitariums
Recreational Vehicle Park
Truck Tenninal
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 16 OF 28
Truck Stop Uses
This list is not an exhaustive inventory of all possible uses. When/if a use is
proposed that is not specifically listed, such use shall be expressly prohibited
unless by application and authorization it is determined by the Planning and
Zoning Administrator that said use is similar to and compatible with a listed
permitted use. Such use(s) may then only be permitted as a conditional use,
regardless ofthe proposed site location.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be tenuinated, and the zoning designation
reversed, upon a default of the "Owner's" and "Developer's" heirs, successors, assigns, to
comply with Section 6 entitled "Conditions Governing Development" of subject
"Property" of this agreement within two years of the date this Agreement is effective, and
after the "City" has complied with the notice and hearing procedures as outlined in LC. §
67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" and "Developer" consent upon default to the de-annexation and/or a reversal of
the zoning designation of the "Property" subject to and conditioned upon the "City" first
providing written notice of default and an opportunity to cure as set forth in Section 13,
upon the following conditions precedent to-wit:
8.1
That the City provide written notice of any failure to comply with
this Agreement to "Owner" and "Developer" and if the "Owner"
and "Developer" fails to cure such failure within six (6) months of
such notice.
9. INSPECTION: "Owner" and "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 tenus and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development.
10.
DEFAULT:
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 17 OF 28
10.1
10.2
In the event "Owner's" and "Developer's" heirs, successors,
assigns, or subsequent owners of the "Property" or any other
person acquiring an interest in the "Property", fail to faithfully
comply with all of the tenus and conditions included in this
Agreement in connection with the "Property", this Agreement may,
after the "City" first provides written notice of such default and an
opportunity to cure as set forth in Section 13, be modified or
tenuinated by the "City" upon compliance with the requirements of
the Zoning Ordinance.
A waiver by "City" of any default by "Owner" and "Developer" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" cost, and submit proof of such recording to "Owner" and "Developer",
prior to the third reading of the Meridian Zoning Ordinance in connection with the
annexation and 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.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner" and "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 perfonuance of the
covenants, agreements, conditions, and obligations contained herein.
13.1
In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct the same
prior to the non-breaching party's seeking of any remedy provided
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 18 OF 28
for herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, 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.
13.2
In the event the perfonuance of any covenant to be perfonued
hereunder by either "Owner" and "Developer" or "City" is delayed
for causes which are beyond the reasonable control of the party
responsible for such perfonuance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such perfonuance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: If the "Developer" requests to record
the final plat or requests issuance of a final Certificate of Occupancy for building before it
installs all the improvements required under this Agreement, the "City" may, as a
condition of granting such request, require the "Developer" to provide the "City" with
surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable
bonds, as allowed under Meridian City Code §12-5-3, to insure that installation of the
improvements, which the "Owner" and "Developer" agrees to provide, if required by the
"City".
15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Owner" and "Developer" have entered into an
addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and
"Developer" agrees to abide by all ordinances ofthe City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 190F28
17. 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:
OWNER:
clo City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Caven, Inc.
6874 Fairview Avenue
Boise, Idaho
with copy to:
DEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Ustick Marketplace, LLC
12601 W. Explorer Drive Suite 200
Boise, Idaho 83713
17.1
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.
18. 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 detenuined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, tenuination or
forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every tenu, condition
and provision hereof, and that the failure to timely perfonu any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perfonu.
20. 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
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 20 OF 28
office. This Agreement shall be binding on the "Owner" and "Developer" of the
"Property", 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" and "Developer", to execute appropriate and recordable evidence oftenuination
of this Agreement if "City", in its sole and reasonable discretion, had detenuined that
"Owner" and "Developer" has fully perfonued its obligations under this Agreement.
21. 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
nom this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and
"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" and "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".
22.1
No condition governing the uses and/or conditions governing development
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.
23. 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.
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 21 OF 28
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OW~EWCA VEN.c L
BY:
Je
Its.
DEVELOPERIUSTICK MARKETPLACE,
LLC:
BY: Smith Brighton, LLC
BY ~-s-
Mfitthew C. S . ,Member
CITY OF MERIDIAN
BY~~
MAY WEERD
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 22 OF 29
Attest:
STATE OF IDAHO)
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COUNTY OF ~
On this C\ +~ day of ~ ' in the year
2004, before me, a Notary Public, personally appeared RRYCA VEN,knownoridentified
to me to be the Þ(€3ìc.\.Qrd-, of CAVEN, INC., who executed the instrument on
behalf of said corporation, and acknowledged to me that such corporation executed the same
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STATE OF IDAHO)
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County of Ada
On this day of -..lly , in the year 2004,
before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg,
Jr., known 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.
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DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 24 OF 28
EXHIBIT A
LEGAL DESCRIPTION
A parcel ofland being the SW Y. SW Y. of Section 33, Township 4 North, Range
I East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as
follows:
BEGINNING at the SW corner of said Section 33, said corner monumented with
a \I2-inch diameter iron pin;
Thence N. 0°30'25" E., a distance of 1327.14 feet along the westerly boundary of
said SW Y. SW Y. to the NW corner of said SW Y. SW Y. (S 1/16 corner common to
Sections 32 and 33);
Thence S. 89°47'55" E., a distance of 1329.19 feet along the northerly boundary
of said SW Y. SW Y. to the NE corner of said SW Y. SW Y. (SW 1/16 corner), said corner
monumented with a 5/8-inch diameter iron pin;
Thence S. 0°29'08" W., a distance of 1326.66 feet along the easterly boundary of
said SW Y. SW Y. to the SE corner of said SW Y. SW Y. (W 1/16 corner common to
Sections 4 and 33);
Thence N. 89°49'08" W., a distance of 1329.70 feet along the southerly boundary
of said SW Y. SW Y. to the POINT OF BEGINNING.
This parcel contains 40.49 acres more or less.
Also, this parcel is SUBJECT TO all easements and rights-of-way of record or
implied.
All according to Record of Survey No. 3769, recorded as Instr. No. 97008745 in
the Office ofthe Ada County Recorder.
This infonnation contained in this legal description was derived from the data of
record as shown on "Record of Survey No. 3769, Instr. No. 97008745", and is not based
on an actual field survey.
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 25 OF 28
EXHIBIT B
Findine:s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 26 OF 28
EXHIBIT C
Detailed and Concentual Site Plan
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 27 OF 28
EXHIBIT D
4 Buildinl!: Elevations drawn bv SSOE. Inc.
DEVELOPMENT AGREEMENT (AZ-04-009)
PAGE 28 OF 28
BEFORE THE MERIDIAN CITY COUNCIL
CIC 06115104
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 36.93 ACRES )
FOR PROPOSED MARKET )
SQUARE FROM RUT TO G-C, )
LOCATED ON THE NORTHEAST)
CORNER OF THE INTERSECTION)
OF USTICK ROAD AND EAGLE )
ROAD/SH 55, IMMEDIATELY)
NORTH OF THE PROPOSED )
KISSLERlCOBBSIEAGY IRUWE )
ANNEXATION AND WEST OF )
PROVIDENCE PLACE )
SUBDIVISION, TOWNSHIP 4 )
NORTH, RANGE 1 EAST, SECTION)
33, MERIDIAN, IDAHO )
)
Case No. AZ-O4-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
SMITH BRIGHTON,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on June 15,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning
and Zoning Department, David Turnbull, Tish Gilbert, Tom Davis, Sherry Kusic, Emma Beck,
Antonio Kusic, Richard Beck, Carol Stringham, Scott Harnden, Coralee Kleeberg, and Kirk
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 1 OF 30
Carroll, appeared and testified, and the City Council having duly considered the evidence and the
record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and
Decision and Order:
FINDINGS OF FACT
I.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject of the application for annexation and
zoning as described in the application, is approximately 36.93 acres in size and is located on the
northeast corner of the intersection of Us tick Road and Eagle Road/SH 55, immediately north of
the proposed Kissler/CobbslEagylRuwe annexation and west of Providence Place Subdivision,
Township 4 North, Range I East, Section 33, Meridian, Idaho, all within the Area ofImpact of
the City of Meridian and the Meridian Urban Service Planning Area as defined in the 2002
Meridian Comprehensive Plan.
4.
The owner of record of the subject property is Caven, Inc. is the current property
owner and has submitted notarized consent for the subject application. Applicant is Smith
Brighton of Boise, Idaho.
5.
The property is presently zoned RUT (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-O4-009)
PAGE2 OF30
6.
The Applicant requests the property be zoned as C-G (General Retail and Service
Commercial).
7.
The Applicant proposes to develop the subject property in the following manner:
The applicant provided a detailed plan for the southern portion of the property, which includes a
Lowe's store on 15.4 acres, and several pads for small service, commercial and retail in this
general area, and general commercial on the remainder of the property A detailed list of
permitted conditional and prohibited uses for the entire site will be listed in Item Number 6. of
the Development Agreement, entitled Conditions Governing Development of Subject Property.
8.
The Applicant requests zoning of the subject real property to C-G (General Retail
and Service Commercial), which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map, which designates the subject property as Mixed Use-Regional.
9.
There is a historic structure on the parcel which may affect the consideration of
this application. There are no other scenic or natural features of major importance.
10.
The City Council recognizes the concerns of Allen Jamison, David Boehecker,
Carl Gilbert, Scott Harnden, Steve Holland, Richard Beck and Carol Stringham.
11.
Giving due consideration to the comments received nom the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-O4-009)
PAGE 3 OF 30
A.
Adopt the Special Recommendation of the Planning & Zoning Commission as follows:
I. Modify the fust sentence of condition #3.a.ii., pg. II, of the 5/13/04 staffrepOlí, to
read as follows: "The 12 acres shown as "Commercial" on the north end of the site
shall be required to incorporate some professional office or another non-retail use."
2. Add to Annexation and Zoning Facts and Conditions #3.d, pg. 12, the following
activities/uses: compactor and emergencv generator.
3. Add to Annexation and Zoning Facts and Conditions #3.d., pg. 12, a new sentence
which reads: "All such activities shall be confined between the hours of 6:00 am and
8:00 pm." (Per action of the City Council taken at their June 15,2004 meeting, hours
shall be 6:00 a.m. to 8:00 p.m.)
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
I. The legal description submitted with the application meets the requirements of the City
of Meridian and State Tax Commission and places the parcel contiguous to existing city
limits. (Note: This assumes final passage of either the Kissler or Blue Marlin pending
annexations prior to approval of this application.)
2. The subject property is within the Urban Service Planning Area. Essential City services
are or will be made available to the subject property.
3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner (at the time of annexation
ordinance adoption), and developer. The DA shall incorporate the following:
a. Include the detailed and conceptual site plan (received by the City Clerk on April 16,
revised) as an exhibit of the DA, noting approval with the following exceptions:
i. Only the new, north-south road location and profile, Baldcypress, and the
large retail building footprint with associated parking receive detailed
approval at the time of annexation. All other representations on the site plan
are conceptual and shall require separate detailed approvals through the City
of Meridian in accordance with the Zoning and Subdivision Ordinances in
effect at the time of development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 4 OF 30
v.
vi.
ii.
The 12 acres shown as "Commercial" on the north end of the site shall be
required to incorporate some professional office or another non-retail use.
The Zoning Administrator is granted authority through this DA to detennine
whether a future use andlor site plan complies with the intent-of this
agreement;
The vehicular access points shown on the site plan to Eagle Road/SH 55 and
Ustick Road are not approved and must be approved separately through
ACHD and ITD;
The 20-foot wide buffer between land uses on the east property line shall be
constructed along the entire boundary prior to CO's being issued for any
new building on the property. Additionally, the developer shall ensure a 6-
foot sound wall is constructed along the entire east property line;
The parking ratio for the bulk retail use in the southeast corner shall be
allowed to be one parking space per 250 sq. ft. of gross floor area;
A minimum 7-foot wide pedestrian walkway shall be added to the site plan,
extending north ofthe Ustick Road sidewalk on the east side of the middle
driveway and across the drive aisle.
iii.
iv.
b. Include the four (4) building elevations, drawn by SSOE, Inc., as an exhibit of the
DA, noting approval with the following modifications:
i. All roof-mounted HV AC and other mechanical equipment shall be screened
so as not to be visible from either Eagle Road/SH 55 or Ustick Road
abutting the property;
The nee-standing sign shown on the east elevation in the garden center is
not approved. Only one nee-standing sign shall be allowed on the Ustick
Road nontage.
ii.
c. Include the "Permitted. Conditional and Prohibited Uses" list as an exhibit of the
DA, noting the following modifications:
I. List the following proposed "Permitted Uses" as "Conditional Uses":
. Bottling and Distribution Plant (Micro brewery Type)
. Hospitals
. Molded Plastic Products
. Utility Facility - Major
. Warehouse Storage
2. Defme "Standby Generators"
3. Add "Anv structure over 50.000 square feet shall require a conditional use
pennit for site plan review only and not for pennitted uses, which are listed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 5 OF 30
separatelv under the application." (Per action ofthe City Council taken at
their June 15,2004 meeting.)
4. Add a footnote to the exhibit which states:
"This list is not an exhaustive inventorv of all possible uses. When/if a use
is proposed that is not specifically listed. such use shall be expresslv
prohibited unless bv application and authorization it is detennined by the
Planning and Zoning Administrator that said use is similar to and
compatible with a listed permitted use. Such usee s) mav then onlv be
permitted as a conditional use. regardless of the proposed site location."
d. The following standard shall apply to all development on the subject property: "All
loading docks, compactors, emergency generators, trash collection, outdoor storage
or similar facilities and functions shall be incorporated into the overall building
and/or landscape design so that the visual and acoustic impacts of said functions are
minimized. All such activities shall be confined between the hours of 6:00 am and
8:00 pm." (Per action of the City Council taken at their June 15, 2004 meeting.)
e. The DA shall also cite the following Comprehensive Plan policies (nom Chapter VI
and VII) as being applicable to all future development within the boundaries of this
annexation:
Transportation Policies Applicable to the Market Square Annexation:
.
"Large development proposals that are likely to generate significant traffic should
be assessed for their impact on the transportation system and surrounding land
uses. They should be examined for ways to encourage all fonns of transportation
such as transit, walking, and cycling.
. New development should not rely on cul-de-sacs since they provide poor fire
access, walkability, and neighborhood social life. New development and streets
should be designed to encourage walking and bicycling.
.
In addition to providing for enhanced automobile traffic, Meridian should seek
ways to encourage alternative modes of transport. Improvement in and
encouraged use of public transit systems is an important first step. Public transit
includes bus systems and ridesharing. By fostering such means of high vehicle
occupancies, congestion on roadways can be decreased.
.
Pathways that encourage use by bicyclists and pedestrians can decrease road
congestion and add to the community's quality of life. The proposed off-street
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 6 OF 30
and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New
and existing developments should ensure that the guidelines laid out in this plan
are adopted.
.
Eagle Road is the major north-south arterial in Ada County. The capacity of this
arterial should be protected by minimizing the number and location of private
driveway access connections to this important roadway."
Mixed Use Development Policies Applicable to the Market SQuare Annexation:
.
"Where feasible, multi-family residential uses will be encouraged, especially for
projects with the potential to serve as employment destination centers and when
the project is adjacent to State Highways 20-26, 55 or 69;
.
Where mixed use developments are phased, a conceptual site plan for the entire
mixed use area is encouraged with the development application or, depending on
the scope of the development, prior to a fonnal development application being
submitted;
.
In developments where multiple commercial and/or office buildings are proposed
(not residential), the buildings should be arranged to create some fonn of
common, usable area, such as a plaza or green space;
.
Where the project is developed adjacent to low or medium density residential
uses, a transitional use is encouraged."
4. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services
are available nom the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
5. The applicant shall contact ITD District 3 regarding the design of the Eagle Road/SH 55
sidewalk and landscape buffer. Provide a written response to staff outlining the results of
said discussions and any specific design standards ITD may request as part of this
development.
C.
Adopt the Recommendations of ACHD as follows:
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements
that may apply upon District review of future development, to the City of Meridian:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 7 OF 30
1. The applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby 1he
applicant is reimbursed nom impact fees to be collected solely nom the applicant's
specific development project) 60-feet of right-of-way from centerline along Ustick
Road at the Ustick Road and Eagle Road intersection (for approximately 500 feet) and
48 feet of right-of-way nom centerline along Ustick Road abutting the remainder of
the site, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road,
located a minimum of 58 feet nom centerline at the intersection of Us tick Road and
Eagle Road and 4l-feet nom the centerline of Us tick Road on the remainder of the
site.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at
the intersection of Us tick Road and Eagle Road and 41-feet nom the centerline of
Ustick Road on the remainder of the site, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located at the back edge of the existing right-
of-way. Accomplish all necessary adjustments to properly accommodate existing
drainage and utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or
offset a minimum of 300-feet nom any existing roadway (measured centerline to
centerline).
3. Construct Bald Cypress Road to provide a minimum of 24 feet of pavement abutting
the site and should construct a 5-foot concrete sidewalk on the south side of the
roadway abutting the site.
4. Construct the driveway that intersects Ustick Road near the Ustick RoadlEagle Road
intersection a minimum of 440 feet nom the signalized intersection for a full-access
driveway and a minimum of220 feet nom the signalized intersection for a right-
in/right-out only driveway.
5. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of 230-feet nom any existing or proposed driveway or street.
6. Once the access points have been approved by the District, they are to be identified as
such on the construction drawings. The remaining nontage along arterial and
collector streets shall be identified as having no access.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 8 OF 30
7. Construct the internal roadways in accordance with District policy.
8. Extend the existing stub street nom the east property line into the site.
9. Comply with requirements ofITD for Eagle Road frontage. Submit a letter from ITD
regarding the said requirements prior to District approval of the [mal plat or issuance
of a building pennit (or other required permits), whichever occurs first. Contact The
Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-
8300.
10. Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. 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.
4. 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.
5. 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 ofIdaho shall prepare and certifY all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building pennit (or other required pennits), which incorporates any required design
changes.
7. Construction, use and property development shall be in confonnance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING MARKET SQUARE
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PAGE 9 OF 30
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. 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 (1-800-342-1585) 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.
10. No change in the tenus 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.
II. 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 waiverlvariance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
D.
Adopt the Recommendations of the Meridian Fire Department as follows:
I) Final approval of the fIre hydrant locations shall be by the Meridian Fire Department.
a) Fire Hydrants shall have the 4 Y," outlet face the main street or parking lot aisle.
b) The Fire hydrant shall not face a street which does not have addresses on it.
c) Fire hydrant markers shall be provided per Public Works spec.
d) Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e) Fire Hydrants shall be placed on corners.
f) Fire hydrants shall not have any vertical obstructions to outlets within 10'.
2) All entrance and internal roads shall have a turning radius of28' inside and 48' outside
radius.
3) Provide a 20' wide Fire Lane for all internal & external roadways.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING MARKET SQUARE
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4) Operational fire hydrants and temporary or pennanent street signs are required before
combustible construction begins.
5) Fire lanes and streets shall have a vertical clearance of 13'6". This includes. mature
landscaping.
6) Commercial and office occupancies will require a fire-flow consistent with the International
Fire Code to service the proposed project. Fire hydrants shall be placed an average 0[300'
apart.
7) The commercial project will have an unknown transient population and will have an unknown
impact on Meridian Fire Department call volumes. The Meridian Fire Department has
experienced 2397 responses in the year 2003. According to a report completed by Fire &
Emergency Services Consulting Group our requests for service are projected to reach 2800 in
the year 2005 and 3800 by the year 2010.
8) Maintain a separation of5' nom the building to the dumpster enclosure.
9) All processes & storage practices shall be required to comply with the International Fire Code.
10) Fire Sprinklers will be required for all buildings associated with this project.
11) No Parking signs and painted curbs will be required for all Fire Lanes.
12) Provide exterior egress lighting as required by the International Building & Fire Codes.
E.
Adopt the Recommendations of the Meridian Police Department as follows:
I. Please contact the Police Chief for detailed review of any development proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
F. Adopt the Recommendations of the Sanitary Services Co. as follows:
I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and
submit stamped (approved) plans with your certificate of zoning compliance application.
G.
Adopt the action of the City Council taken at their June 15, 2004 meeting as follows:
For clarification:
I. The Applicant shall not be required to construct vehicular access to the southernmost stub
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 11 OF 30
street nom Heather Meadows Subdivision located at the eastern boundary of the property,
but shall construct a pedestrian pathway to connect to the stub street.
2. The Applicant shall provide and install a sound barrier on the eastern most boundary of the
property in place of the fencing.
3. The Applicant shall tile the Leighton Lateral with thirty inch concrete pipe.
4. The Applicant shall be required to comply with the ITD landscaping requirements for the
frontage on Eagle Road.
5. The Applicant shall be required to provide a public plaza within the development.
6. Pertaining to the Staff Report, and in particular to sections B.3.c.3. and B.3.d., and said
sections shall now read as follows:
B.3.c.3. Any structure over 50,000 square feet shall require a conditional use permit for site
plan review only and not for permitted uses, which are listed separately under the
application.
B.3.d.
The following standard shall apply to all development on the subject property: "All
loading docks, compactors, emergency generators, trash collection, outdoor storage
or similar facilities and functions shall be incorporated into the overall building
and/or landscaping design so that the visual and acoustic impacts of said functions
are minimized. All such activities shall be confined between the hours of6:00 a.m.
to 8:00 p.m.
7. The Applicant agreed at the June 15,2004 public hearing, and will be required, to comply
with the restrictions on the permitted uses, and shall meet the mixed-use requirements for the
development.
8. With the provision of a sound wall on the east boundary, the Applicant shall only be required
to meet the current Meridian City Code requirements pertaining to landscaping east of the
Lowe's building. In other words, a bean is not required.
12.
It is found that the 2002 Comprehensive Plan Future Land Use Map designates all of
the subject property as "Mixed Use-Regional." The purpose of the Mixed Use designation is "to
provide for a combination of compatible land uses that are typically developed under a master or
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 12 OF 30
conceptual plan. . .and to identify key areas [of the City] which are either infill in nature or situated
in highly visible or transitioning areas of the City where innovative and flexible design opportunities
are encouraged. The intent of this designation is to offer the developer a greater degree of design and
use flexibility." (Chapter VII, pg. 97.) The requested C-G wning generally confonns to this stated
purpose and intent of the MU-Regional designation. The applicant is not, however, indicating a mix
of uses within this development.
In addition to the Future Land Use Map, it is found that there are Comprehensive Plan text
policies which both support and may not support this annexation. The following Goals, Objectives,
and Action items contained in the 2002 Comprehensive Plan are applicable to the annexation and
zoning application:
Chapter IV, Goal I, Obj. A, #6
Chapter V, Goal III, Obj. B, #8
Chapter VI, Goal I, Obj. A, #3
Chapter VI, Goal II, Obj. A, #6
Chapter VII, pg. 98
Chapter VII, Goal I, Obj. B, #5
Chapter VII, Goal IV, Obj. A, #6
Chapter VII, pg. 98
13.
The general vicinity of this project is experiencing a rapid change from agricultural
and low density residential uses to commercial/urban type development. Champion Park Subdivision
(aka "Parkstone") is a 100+ acre, mixed use development about a V. mile west of the subject
property, the first phase of which has received final plat approval. Carol Professional Center is a six
acre office park (zoned L-O) located approximately one half(Y.) mile south of the subject property
on the west side of Eagle Road. Municipal water was extended east of Eagle Road a few years ago to
serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density residential
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING MARKET SQUARE
(AZ-O4-009)
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subdivision located in Boise City east of the property. Therefore, it is found that a rezone of the
proposed property would be compatible with other land use and facility changes in the area.
14.
It is found that there is only one (1) specific use listed in the application
(superstore); all other uses are future. It is recommended that all of the future uses within the
proposed C-G zone be restricted with a DA. Further, to minimize potential noise, odor, air
pollution, and visual pollution, the applicant and staff have prepared a list of uses for the DA.
Some of the more intense uses will be processed through the Conditional Use Permit process. It
is found that with an executed DA that sets guidelines for future uses on this site, and separate
Conditional Use Pennit review for future buildings, the requested zoning designation will be
harmonious with and in accordance with the 2002 Comprehensive Plan and the MU-Regional
designation.
15.
It is found that the majority of future uses on the subject property will not be
hazardous or disturbing to existing or future neighboring uses if all development and landscaping
ordinances are exercised. Unless restricted as part of the DA, twenty-four (24) hour operations would
be allowed on the site. Three (3) loading bays with overhead doors are proposed at the southeast
corner of the building which may, depending upon delivery times, cause a disturbance. A trash
compactor for the superstore is also proposed at the southeast corner of the site which may cause
some disturbance to existing residential uses to the east and south. These and other future uses can
be mitigated through appropriate screening and buffering techniques.
16.
It is found that roadway improvements will be required on Ustick Road to handle the
additional traffic generated by future development. The Public Works Department recently
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 14 OF 30
completed construction of the South Slough Trunk extension in the vicinity of this annexation. The
project extended the trunk to the Eagle /Ustick Road intersection. Municipal water is currently
available in Ustick Road in nont of the property. Anew fire substation was opened earlier this year
to serve this area. All other public services and facilities appear to be adequate to service this
property.
17.
It is found that this development will not cause excessive additional requirements at
public cost. The South Slough Trunk extension was funded by the City of Meridian but will not
create new demands on the public coffer for this development. Other required site improvements will
be funded and constructed by the developer. It is also found that the annexation and zoning alone
will not be detrimental to the community's economic welfare.
18.
MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire
hazards, bulk storage, and contractor's yards. In addition, a DA could establish use parameters that
would prevent detrimental effects. To comply with this finding, is recommended that a DA be
entered into which addresses specific uses.
In terms of traffic generation, this site has approximately 1,230 feet of nontage on Ustick
Road and 1,290 feet of frontage on Eagle Road. The Earth Tech Engineers traffic study submitted to
ACHD estimates the site, at 20 I 0 build-out, to generate 10,825 additional vehicle trips per day with
an AM peak of 272 vehicles per hour and a PM peak of945 vehicles per hour. Approximately 35%
of the total traffic is projected to have Ustick Road destinations and 65% to have Eagle Road
destinations. Ustick Road is not in ACHD's Five Year Work Plan but is in their CIP for roadway
widening within the next 15 years. ACHD is allowing two driveways, a right-in/right-out and a full-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 15 OF 30
access, on Ustick Road. They have also preliminarily approved the new signal proposed at the east
property line. Final detennination will be made upon submittal of a development application
(building permit).
On April 23, 2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property. The Meridian Fire and Police Departments
submitted a list of conditions and needs in order to adequately serve the project, including restricted
access to Eagle RoadlSH 55 (see Finding H). The applicant should coordinate the location and
design of refuse container(s) with Sanitary Services Company (SSC). All of the detailed conditions
from the Fire and Police Departments and other agenciesldepartments are addressed in number
paragraph 11 hereinabove.
19.
It is found that the proposed and future uses will impact the level and flow of traffic
on the surrounding streets. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg.
107), staff finds that the number of vehicular access points to Eagle RoadiSH 55 should be restricted
and comply with ITD Type IV access policies in order to preserve the capacity and movement on this
roadway at build-out. City staff, including the Meridian Fire and Police Departments, is
recommending no new approaches be allowed to Eagle Road/SH 55.
20.
There is an existing house on the eastern parcel (3580 E. Ustick) which is listed in the
Ada County Historic Sites Inventory as eligible for the National Register of Historic Places.
However, it is found that this is not a scenic feature of "major" importance and this finding is
technically met.
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AND DECISION AND ORDER GRANTING APPLICA nON
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21.
It is found that the annexation of this property would be in the best interest of the
City for the following reasons:
.
increased commercial land base supply for development along a primary corridor;
increased property tax revenue;
municipal services are available to the area; and
application substantially complies with the Comprehensive Plan.
.
.
.
It is also found that during previous public hearings, the currentproperty owner was led
to believe that once an annexation path and municipal services were available to this site the City
of Meridian would likely annex the property. This is especially pertinent given the fact that Boise
City currently has services available and is contiguous to the north and east.
22. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 11, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
23.
It is also found that the development considerations as referenced in Finding No.
11 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING MARKET SQUARE
(AZ-04-009)
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1.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,2002,
Resolution No. 02-382.
4.
The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter IV, Goal I, Obj. A, #6
Chapter V, Goal III, Obj. B, #8
Chapter VI, Goal I, Obj. A, #3
Chapter VI, Goal II, Obj. A, #6
Chapter VII, pg. 98
Chapter VII, Goal I, Obj. B, #5
Chapter VII, Goal IV, Obj. A, #6
Chapter VII, pg. 98
5.
The zoning of (C-G) General Retail and Service Commercial is defined in the Zoning
Ordinance at § 11-7-2 K as follows:
(C-G) General Retail and Service Commercial: The purpose of the C-G District is to
provide for commercial uses which are customarily operated entirely or almost entirely
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
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within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as well as retail sales for the transient and
pennanent motoring public. All such districts shall be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation .systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
I.
The applicant's request for annexation and zoning of approximately 36.93 acres to
General Retail and Service Commercial (C-G) is granted subject to the tenus and conditions of this
Order hereinafter stated.
2,
The application is for annexation and zoning of36.93 acres. The legal description
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA DON
FOR ANNEXA DON AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 19 OF 30
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall confonn
to .all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Special Recommendation of the Planning & Zoning Commission as follows:
1.
Modify the first sentence of condition #3.a.ii., pg. 11, of the 5/13/04 staff report,
to read as follows: "The 12 acres shown as "Commercial" on the north end of the
site shall be required to incorporate some professional office or another non-retail
use."
2.
Add to Annexation and Zoning Facts and Conditions #3.d, pg. 12, the following
activities/uses: compactor and emergency generator.
3.
Add to Annexation and Zoning Facts and Conditions #3.d., pg. 12, a new sentence
which reads: "All such activities shall be confined between the hours of 6:00 am
and 8:00 pm." (Per action of the City Council taken at their June 15,2004
meeting, hours shall be 6:00 a.m. to 8:00 p.m.)
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. The legal description submitted with the application meets the requirements of the City
of Meridian and State Tax Commission and places the parcel contiguous to existing city
limits. (Note: This assumes final passage of either the Kissler or Blue Marlin pending
annexations prior to approval of this application.)
2. The subject property is within the Urban Service Planning Area. Essential City services
are or will be made available to the subject property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
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3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner (at the time of annexation
ordinance adoption), and developer. The DA shall incorporate the following:
a. Include the detailed and conceptual site plan (received by the City Clerk on April 16,
revised) as an exhibit of the DA, noting approval with the following exceptions:
i) Only the new, north-south road location and profile, Baldcypress, and the
large retail building footprint with associated parking receive detailed
approval at the time of annexation. All other representations on the site plan
are conceptual and shall require separate detailed approvals through the City
of Meridian in accordance with the Zoning and Subdivision Ordinances in
effect at the time of development;
The 12 acres shown as "Commercial" on the north end of the site shall be
required to incorporate some professional office or another non-retail use.
The Zoning Administrator is granted authority through this DA to determine
whether a future use and/or site plan complies with the intent of this
agreement;
The vehicular access points shown on the site plan to Eagle Road/SH 55 and
Ustick Road are not approved and must be approved separately through
ACHD and ITD;
The 20-foot wide buffer between land uses on the east property line shall be
constructed along the entire boundary prior to CO's being issued for any new
building on the property. Additionally, the developer shall ensure a 6-foot
sound wall is constructed along the entire east property line;
The parking ratio for the bulk retail use in the southeast corner shall be
allowed to be one parking space per 250 sq. ft. of gross floor area;
A minimum 7-foot wide pedestrian walkway shall be added to the site plan,
extending north of the Ustick Road sidewalk on the east side of the middle
driveway and across the drive aisle.
iii)
iv)
v)
vi)
ii)
b) Include the four (4) building elevations, drawn by SSOE, Inc., as an exhibit of the
DA, noting approval with the following modifications:
i) All roof-mounted HV AC and other mechanical equipment shall be screened so as
not to be visible nom either Eagle Road/SH 55 or Ustick Road abutting the
property;
ii) The nee-standing sign shown on the east elevation in the garden center is not
approved. Only one nee-standing sign shall be allowed on the Ustick Road
nontage.
c) Include the "Pennitted. Conditional and Prohibited Uses" list as an exhibit of the DA,
noting the following modifications:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 21 OF 30
1. List the following proposed "Pennitted Uses" as "Conditional Uses":
. Bottling and Distribution Plant (Microbrewery Type)
. Hospitals
. Molded Plastic Products
. Utility Facility - Major
. Warehouse Storage
2.
Define "Standby Generators"
3.
Add "Any structure over 50.000 square feet shall require a conditional use
permit for site plan review only and not for permitted uses. which are
listed separately under the application." (per action of the City Council
taken at their June 15,2004 meeting.)
4.
Add a footnote to the exhibit which states:
"This list is not an exhaustive inventorv of all possible uses. When/if a use
is proposed that is not specifically listed. such use shall be expressly
prohibited unless bv application and authorization. it is determined by the
Planning and Zoning Administrator that said use is similar to and
compatible with a listed pennitted use. Such use(s) mav then onlv be
pennitted as a conditional use. regardless of the proposed site location."
d. The following standard shall apply to all development on the subject property: "All
loading docks, compactors, emergency generators, trash collection, outdoor storage
or similar facilities and functions shall be incorporated into the overall building
andlor landscape design so that the visual and acoustic impacts of said functions are
minimized. All such activities shall be confined between the hours of 6:00 am and
8:00 pm." (Per action of the City Council taken at their June 15,2004 meeting.)
e. The DA shall also cite the following Comprehensive Plan policies (from Chapter
VI and VII) as being applicable to all future development within the boundaries of
this annexation:
Transportation Policies Applicable to the Market SQuare Annexation:
.
"Large development proposals that are likely to generate significant traffic should
be assessed for their impact on the transportation system and surrounding land
uses. They should be examined for ways to encourage all forms of transportation
such as transit, walking, and cycling.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-O4-009)
PAGE 22 OF 30
.
New development should not rely on cul-de-sacs since they provide poor fire
access, walkability, and neighborhood social life. New development and streets
should be designed to encourage walking and bicycling.
In addition to providing for enhanced automobile traffic, Meridian should seek
ways to encourage alternative modes of transport. Improvement in and
encouraged use of public transit systems is an important first step. Public transit
includes bus systems and ridesharing. By fostering such means of high vehicle
occupancies, congestion on roadways can be decreased.
.
.
Pathways that encourage use by bicyclists and pedestrians can decrease road
congestion and add to the community's quality oflife. The proposed off-street
and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New
and existing developments should ensure that the guidelines laid out in this plan
are adopted.
Eagle Road is the major north-south arterial in Ada County. The capacity of this
arterial should be protected by minimizing the number and location of private
driveway access connections to this important roadway."
.
Mixed Use Development Policies Applicable to the Market Square Annexation:
.
"Where feasible, multi-family residential uses will be encouraged, especially for
projects with the potential to serve as employment destination centers and when
the project is adjacent to State Highways 20-26, 55 or 69;
.
Where mixed use developments are phased, a conceptual site plan for the entire
mixed use area is encouraged with the development application or, depending on
the scope of the development, prior to a formal development application being
submitted;
.
In developments where multiple commercial and/or office buildings are proposed
(not residential), the buildings should be arranged to create some form of
common, usable area, such as a plaza or green space;
.
Where the project is developed adjacent to low or medium density residential
uses, a transitional use is encouraged."
4. Any existing domestic wells and/or septic systems within this project will have to be
removed nom their domestic service, per City Ordinance Section 5- 7-517, when services
are available nom the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING MARKET SQUARE
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PAGE23 OF 30
5. The applicant shall contact ITD District 3 regarding the design ofthe Eagle RoadiSH 55
sidewalk and landscape buffer. Provide a written response to staff outlining the results of
said discussions and any specific design standards ITD may request as part" of this
development.
C.
Adopt the Recommendations of ACHD as follows:
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements
that may apply upon District review of future development, to the City of Meridian:
I. The applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed nom impact fees to be collected solely from the applicant's
specific development project) 60-feet ofright-of-way nom centerline along Ustick
Road at the Ustick Road and Eagle Road intersection (for approximately 500 feet) and
48 feet of right-of-way nom centerline along Ustick Road abutting the remainder of
the site, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road,
located a minimum of 58 feet nom centerline at the intersection of Us tick Road and
Eagle Road and 4l-feet nom the centerline of Us tick Road on the remainder of the
site.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at
the intersection of Us tick Road and Eagle Road and 4l-feet nom the centerline of
Ustick Road on the remainder of the site, in an easement proyided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located at the back edge of the existing right-
of-way. Accomplish all necessary adjustments to properly accommodate existing
drainage and utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or
offset a minimum of 300-feet nom any existing roadway (measured centerline to
centerline).
3. Construct Bald Cypress Road to provide a minimum of 24 feet of pavement abutting
the site and should construct a 5-foot concrete sidewalk on the south side of the
roadway abutting the site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 24 OF 30
4. Construct the driveway that intersects Ustick Road near the Ustick Road/Eagle Road
intersection a minimum of 440 feet nom the signalized intersection for a full-access
driveway and a minimum of 220 feet from the signalized intersection for a right-
in/right-out only driveway.
5. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of 230-feet nom any existing or proposed driveway or street.
6. Once the access points have been approved by the District, they are to be identified as
such on the construction drawings. The remaining nontage along arterial and
collector streets shall be identified as having no access.
7. Construct the internal roadways in accordance with District policy.
8. Extend the existing stub street nom the east property line into the site.
9. Comply with requirements ofITD for Eagle Road nontage. Submit a letter nom ITD
regarding the said requirements prior to District approval of the final plat or issuance
of a building pennit (or other required permits), whichever occurs first. Contact The
Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-
8300.
10. Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. 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.
4. 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.
5. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-O4-009)
PAGE 25 OF 30
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of'
building pennit (or other required pennits), which incorporates any required design
changes.
7. Construction, use and property development shall be in confonnance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance # 197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. 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 (1-800-342-1585) 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.
10. No change in the tenus 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.
11. 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 waiverlvariance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
D.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-O4-009)
PAGE26 OF 30
d.
Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
Fire Hydrants shall be placed on corners.
Fire hydrants shall not have any vertical obstructions to outlets within ¡.()'.
e.
f.
2. All entrance and internal roads shall have a turning radius of28' inside and 48' outside
radius.
3. Provide a 20' wide Fire Lane for all internal & external roadways.
4. Operational fire hydrants and temporary or pennanent street signs are required before
combustible construction begins.
5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
6. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be placed an
average of 300' apart.
7. The commercial project will have an unknown transient population and will have an
unknown impact on Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 2397 responses in the year 2003. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service are
projected to reach 2800 in the year 2005 and 3800 by the year 2010.
8. Maintain a separation of 5' nom the building to the dumpster enclosure.
9. All processes & storage practices shall be required to comply with the International Fire
Code.
10. Fire Sprinklers will be required for all buildings associated with this project.
11. No Parking signs and painted curbs will be required for all Fire Lanes.
12. Provide exterior egress lighting as required by the International Building & Fire Codes.
E.
Adopt the Recommendations of the Meridian Police Department as follows:
I. Please contact the Police Chief for detailed review of any development proposal and
submit stamped (approved) plans with your certificate of zoning compliance application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-O4-009)
PAGE 27 OF 30
F.
Adopt the Recommendations of the Sanitary Services Co. as follows:
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and
submit stamped (approved) plans with your certificate of zoning compliance application.
G.
Adopt the action of the City Council taken at their June 15,2004 meeting as follows:
For clarification:
I. The Applicant shall not be required to construct vehicular access to the southernmost stub
street nom Heather Meadows Subdivision located at the eastern boundary of the property,
but shall construct a pedestrian pathway to connect to the stub street.
2. The Applicant shall provide and install a sound barrier on the eastern most boundary ofthe
property in place of the fencing.
3. The Applicant shall tile the Leighton Lateral with thirty inch concrete pipe.
4. The Applicant shall be required to comply with the ITD landscaping requirements for the
nontage on Eagle Road.
5. The Applicant shall be required to provide a public plaza within the development.
6. Pertaining to the Staff Report, and in particular to sections B.3.c.3. and B.3.d., and said
sections shall now read as follows:
B.3.c.3. Any structure over 50,000 square feet shall require a conditional use permit for site
plan review only and not for permitted uses, which are listed separately under the
application.
B.3.d.
The following standard shall apply to all development on the subject property: "All
loading docks, compactors, emergency generators, trash collection, outdoor storage
or similar facilities and functions shall be incorporated into the overall building
and/or landscaping design so that the visual and acoustic impacts of said functions
are minimized. All such activities shall be confined between the hours of6:00 a.m.
to 8:00 p.m.
7. The Applicant agreed at the June 15,2004 public hearing, and will be required, to comply
with the restrictions on the permitted uses, and shall meet the mixed-use requirements for the
development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 28 OF 30
8. With the provision of a sound wall on the east boundary, the Applicant shall only be required
to meet the current Meridian City Code requirements pertaining to landscaping east of the
Lowe's building. In other words, a berm is not required.
4.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (C-G) General Retail and Service Commercial, and Meridian City Code § 11-7-2.
5.
Subsequent to the passage ofthe Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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.
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 29 OF 30
By action of the City Council at its regular meeting held on the
/3~ day of
ð~
,2004.
ROLLCALL
COUNCILMAN SHAUN WARDLE
VOTED $l<-
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 7--15 - t? 1-
MOTION:
APPROVED:~ DISAPPROVED:-
VOTED
Attest:
~
By:,
Cl y Clerk
Dated: 1- 23-04
Z:\WorklMlMeridianlMeridian 15360M'Market Square AZ-O4-O09\AZFtCl&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 30 OF 30