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Black Cat and Chinden H-2016-0120ADA COUNTY RECORDER Christopher D. Rich 2017-012605 BOISE IDAHO Pgs=28 LISA BATT 02/10/2017 09:44 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Pine Street, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_3 day of FZG ruary , 2017, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E, Broadway Avenue, Meridian, Idaho 83642 and Pine Street, LLC, whose address is 420 E. Elm Street, Caldwell, Idaho 83605, hereinafter called OWNER/ DEVELOPER, 1, RECITALS: Ll WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1,2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 3,51 acres of land from the RUT zoning district in Ada County to the L-0 (Limited Office) zoning district (as described in Exhibit "N'), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Devdloper made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made, and 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government DEVELOPMENT .AGREEMENT BLACK CAT AND CHINDEN (H-2016-0120) PAGE 1 OF 8 subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 3rd day of January, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Pine Street, LLC, whose address is 420 E. Elm Street, Caldwell, Idaho 83605 the party that owns and is developing said Property and shall include any subsequent owners)/developers of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located DEVELOPMENT AGREEMENT -BLACK CAT AND CHINDEN (H-2016-0120) PAGE 2 OF 8 in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Limited Office District (L -O) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Access to Chinden Boulevard and Black Cat shall be prohibited for this site. Access shall be provided from Ramblin Court and N. Exeter Drive as proposed. b. The owner/developer shall dedicate the necessary right-of-way for both Chinden Boulevard and Black Cat with the development of this property. c. Future development of this site shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines in the City of Meridian Architectural Standards Manual. d. Development of this property shall substantially comply with the concept plan and elevations included in Exhibit A.2 of the Findings of Fact and Conclusions of Law attached hereto as "Exhibit B" and shall be limited to uses allowed within the L -O zoning district. e. Construct a minimum 35 -foot wide landscape buffer along N. Black Cat Road and Chinden Boulevard and a 10 -foot wide landscape buffer adjacent to Ramblin Court and Exeter Drive. The landscape buffers shall be landscaped in accord with the standards listed in UDC 11-3B-5 and 11 -3B -7C. f. All landscape and frontage improvements associated with the side including a 10 - foot wide multi -use pathway along the north boundary of this site within the landscape buffer along W. Chinden Boulevard. g. With submission of a certificate of zoning compliance, the landscape plan shall show the required landscape buffers in accord with UDC 11-2B-3. Landscape buffers are required along Ramblin Court, Black Cat and Exeter Avenue. h. The concept plan does not show a 5 -foot sidewalk along N. Black Cat. The concept plan shall be modified to reflect that requirement. Any future development of this site must comply with the City of Meridian ordinances in effect at the time of development. DEVELOPMENT AGREEMENT -BLACK CAT AND CHINDEN (H-2016-0120) PAGE 3 OF 8 j. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the proposed use and site design (parking, landscaping, paving, etc.) prior to the issuance of building permits. k. The single family home shall be removed prior to issuance of the first certificate of zoning compliance for the site. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT -BLACK CAT AND CHINDEN (H-2016-0120 PAGE 4 OF 8 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Cleric City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, ID 83642 Meridian, ID 83642 DEVELOPMENT AGREEMENT -BLACK CAT AND CHINDEN (H-2016-0120 PAGE 5 OF 8 OWNER/DEVELOPER: Pine Street, LLC 420 E. Elm Street Caldwell, ID 83605 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: hi the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. DEVELOPMENT AGREEMENT -BLACK CAT AND CHLNDEN (H-2016-0120) PAGE 6 OF 8 Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Pine Street, LLC By o�QOFtATED q`CG m !PD, 4 ATTEAT: A n`°2. SEAL Co CITY OF MERIDIAN By: Mayo my de Weerd DEVELOPMENT AGREEMENT -BLACK CAT AND CHINDEN (H-2016-0120) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, ) On this l q 10 JANE R4 , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared &i AC 1C , known or identified to me to be the 0AJAC'j V%, \�1e wv \(.\P,r- of Pine Street, LLC and acknowledged to me that he executed the same on b6fialt of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) S. P. AtIHL�G �'A #N++++••••`,4 STATE OF IDAHO ) I sw, Z t6 , Notary Public for Idaho Residing at: d k�,gjy `( My Commission Expires: ss County of Ada ) 7f� Fe6 ruC,y I / On this , day of 2017, before me, a Notary Public, personally appeared Tammy de Weerd add C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •+ •' _.AG (SEAL) O. UsA9Ak=--4A'-- Notary Public 7r, d�VkLtResiding at: . Commission expires: �;7 61 ) TS DEVELOPMENT AGREEMENT BLACK CAT AND CHINDEN (H-2016-0120) PAGE 8 OF 8 EXHIBIT A Legal Description and Exhibit Map Project No. 16-276 OCLober 17, 2016 ANNEXATION DESCRIPTION FOR 6280 N. BLACK CAT ROAD A parcel of land being Lot 1, Block 1 of Rambo Subdivision as filed in Book 63 of Plats at Pages 6368 and 6369, records of Ada County, Idaho and a portion of the NW 114 of the NW 114 of Section 27, all located in the NW 114 of the NW 114 of Section 27, TAN., RAW., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the NW corner of said Section 27 from which the N114 corner of said Section 27 bears South 89°19'07" East, 2647.12 feet; thence along the North boundary line of said Section 27 South 89°19'07" East, 237.20 feet; thence along the East boundary line of said Lot 1 and the northerly extension thereof South 00°29'10" West, 644.70 feet to the SE corner of said Lot 1; thence along the South boundary line of said Lot 1 and the westerly extension thereof North 89°34'25° West, 237.20 feet to a point on the West boundary line of said Section 27; thence along said West boundary line North 00°29'10" East, 645.76 feet to the POINT OF BEGINNING. Containing 3.51 acres, more or less. Page I of 1 Black Cat and Chinden — AZ (H-2016-0120) v �G\FQ �� 29 0-r77 O F Y G. Ci EXHIBIT A 21 22BASIS OF BEARING S8_9i9'07"E 2647.12'_ 22 29'27 i_ $i i 9'07"W 237.20'Y W. CHINDEN ROAD- - - X27 f r I I I r 1 I I I LOT 1, BLOCK I Il RAMBO SUBDAIISION I 6280 N. BLACK CAT ROAD ui 6r U 1x11 I p � n sM mppl It ZZl Iq I N ILo I r F I 1 � I I r 1 { 1 1 E� N$9'34'257W 237.20' I 1 IDAHO1150 _ WA7ERTo�tR,T. SUR V E f 'USI IA11.CAi10EW12 f"p3i �s6C520 GROUP, P.C. + Black Cat and Chinden - AZ (H-2016-0120) 25 i0J flQ 0 SO 2ttb SCALE: 1" = 100' ANNEXATION EXHIBIT DRAWING FOR r-z7c 6280 N. BLACK CAT ROAD SHEET R; n LOCArD.IIIII THEiNW 1 uF4'01`N=111Y.1r SrC 05 27. ofl •••••• __. 612018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0120 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 3.51 acres of land from RUT in Ada County to the L-O zoning district located at 6280 N. Black Cat Road, in the NW ¼ of Section 27, Township 4N., Range 1W, by Pine Street, LLC. Case No(s). H-2016-0120 For the City Council Hearing Date of: December 20, 2016 (Findings on January 3, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a EXBIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0120 2 - copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of October 18, 2016, incorporated by reference. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning was approved with an L-O zoning district with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of December 20, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Six (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 20, 2016 By action of the City Council at its regular meeting held on the ___________ day of ________________, 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD TIE BREAKER) Attest: C. Jay doles City Clerk Mayor Tai y Weerd GOapORATE qGG+_ m fO VOTED VOTED % VOTED VOTED Y&t VOTED " VOTED VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: C wu,R— Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0120 3- Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 1 STAFF REPORT Hearing Date: December 20, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0120 – Black Cat and Chinden–AZ 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Pine Street, LLC has submitted an application for annexation and zoning (AZ) of 3.51 acres of land with an L-O zoning district for Black Cat and Chinden Annexation. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. Planning & Zoning Commission heard this item on November 17, 2016. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Jerrod Wallgren ii. In opposition: None iii. Commenting: Jerrod Wallgren iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. When to remove the house and whether to require the home to connect to city utilities for a short period of time, or to let them stay on septic and well until the property develops. c. Key Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1k , as follows: The single family home shall be removed prior to issuance of the first certificate of zoning compliance for the site. d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on December 20, 2016. At the public hearings, the Council moved to approve the AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Jarrod Wallgren ii. In opposition: Lee Coulson, Vern Williams, Terrell Williams, Jason Attinger, iii. Commenting: Dale Eldridge, Vern Williams, Terrell Williams, Jason Attinger, iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Caleb Hood, b. Key Issues of Discussion by Council: Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 2 i. Whether to allow the existing home to remain until a CZC is approved, and the process for doing so. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2016-0120 as presented in staff report for the hearing date of November 17, 2016 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2016-0036 as presented in staff report for the hearing date of November 17, 2016 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2016-0120 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located at 6280 N. Black Cat Road, in the NW ¼ of Section 27, Township 4N., Range 1W. b. Owner/Applicant: Pine Street, LLC 420 E. Elm Street Caldwell, ID 83605 c. Representative: Jerrod Wallgren, JGT Architecture 1212 12th Avenue South Nampa, ID 83651 d. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS a. The subject application is for annexation & zoning. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: October 31 and November 14, 2016 (P&Z) November 28 and December 12, 2016 (Council) c. Radius notices mailed to properties within 300 feet on: October 27, 2016 (P&Z) November 21, 2016 (Council) d. Applicant posted notice on site by: November 7, 2016 (P&Z) December 5, 2016 (Council) 6. LAND USE a. Existing Land Use(s): The subject property is zoned RUT in Ada County and is developed with a single-family home. Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 3 b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: 1. North: W. Chinden Blvd., and Tree Farm Property, Zoned C-C 2. East: Vacant property (The recently approved Trilogy Subdivision), zoned R-8 3. South: Bainbridge Subdivision and Rambo Subdivision, Zoned R-8 4. West: N. Black Cat Road and Single-family homes zoned RUT. c. History of Previous Actions: None d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main currently exists in N. Black Cat Road, and a new sewer main is proposed to the south in Ramblin Court. Location of water: A water main currently exists in N. Black Cat Road, and a new water main is proposed to the south in Ramblin Court. Issues or concerns: Even though mains currently exist in N. Black Cat Road, it is the city’s preference that services for the proposed project come from the proposed mains in Ramblin Court if they exist at the time of development. e. Physical Features: 1. Canals/Ditches Irrigation: No major facilities traverse the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Medium Density Residential” on the Comprehensive Plan Future Land Use Map. At the discretion of City Council, areas with a residential comprehensive plan designation may request an office use if the property only has frontage on an arterial street or section line road and is three acres or less in size. The subject property has limited access to local streets and is located on the corner of two arterial roadways. Staff is not in favor of direct access either to W. Chinden or N. Black Cat Road, and because the local street within the proposed Trilogy Subdivision has not been constructed, the only vehicular access to the property is from W. Ramblin Court. Staff is in favor of allowing office uses on the subject property, subject to the conditions in Exhibit B. The following Comprehensive Plan policies apply to this application: 1. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are readily available to serve the proposed development in accord with UDC 11-3A-21. 2. “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) Staff is supportive of the proposed pedestrian connections to the future sidewalk along N. Black Cat, W. Ramblin Court and W. Chinden Blvd; however, staff recommends that the applicant provide a pedestrian connection to the proposed future adjacent subdivision by providing a stub sidewalk to the east property line. Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 4 3. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The applicant is proposing L-O zoning for the subject parcel. Staff finds that with a development agreement provision that ties the applicant to the submitted conceptual plan and limits the uses allowed within the L-O zoning district, that the subject development is consistent with the surrounding development to the east. 4. “Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) One stub streets has been proposed to connect with the previously approved Trilogy Subdivision. This property has been proposed to be developed in a manner similar to the subject parcel. 6. “Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD (3.03.02L). The applicant has coordinated with ITD on the preservation of right of way (ROW) along the Chinden corridor. The total ROW needed for this segment of corridor is 140 feet. The submitted plans depict the 60-feet of additional (100-feet total from centerline) ROW. 7. “Require landscape street buffers for new development along all entryway corridors. 2.01.02E) A 35-foot wide landscape buffer will be required along Chinden Boulevard, designated entryway corridors. These landscape buffers must be developed in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and the surrounding uses based on the analysis above if the developed in accord with the recommended provisions of the prosed development agreement in Exhibit B. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the L-O district is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the L-O zoning district. The proposed professional or medical office is a principally permitted use in the L-O zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the proposed L-O zoning district. D. Landscaping: Landscaping is required to be installed on the site in accord with the parking lot standards listed in UDC 11-3B-8C, street buffer standards listed in UDC 11-3B-7C in accord with UDC Table 11-2B-3. E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 500 square feet of gross floor area. F. Structure and Site Design Standards: Development of this site must comply with the design Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 5 standards in accord with UDC 11-3A-19 and the guidelines listed in the City of Meridian Architectural Standards Manual. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. ANNEXATION AND ZONING: The applicant requests annexation and zoning of 3.51 acres of land with an L-O zoning district. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. The applicant is proposing to take access from W. Ramblin Court and to the future N. Exeter Avenue. Site Plan: A site plan was submitted, included in Exhibit A.2 that depicts two 12,000 s.f. office buildings. The design of the site should comply with the design review standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Sidewalk: A minimum 5-foot wide detached sidewalk is required around all buildings as well as those serving public streets. Parking: Per UDC 11-3C-6B.1, in commercial districts, one off-street parking space is required per 500 square feet of gross floor area. Based on the total square footage of the offices, forty- eight (48) parking space are required for the development. Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 vehicle spaces proposed on the site, in compliance with the standards listed in UDC 11-3C-5C. A bicycle rack is required to be provided on the site capable of holding at least two bicycle. Existing Structure(s): There is an existing home and associated outbuildings on the site that will be removed as part of this development. State Highways: Chinden Boulevard is a state highway. UDC 11-3H-4B prohibits access to state highways at locations other than at section line roads, or at the ½ mile between sections. A note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. The applicant should dedicate right-of-way, in accordance with ITD’s requirements, to allow for future highway expansion (100-feet from centerline proposed). The applicant should construct a 10-foot wide pathway along Chinden Boulevard (see UDC 11-3H-4C.3). Ramblin Court and (Future) N. Exeter Avenue: A public street is proposed as the sole access to serve the commercial development. In addition, the applicant will be required to construct a landscape buffer and sidewalk along the east side of the property along the future N. Exeter Avenue. Once the subdivision to the east develops, alternative access onto Black Cat Road will be provided for the commercial development. Dimensional Standards: The future development shall comply with the applicable standards listed in UDC Table 11-2B-3 for the L-O zoning district. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 6 surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Landscape Buffer along Chinden Boulevard: Chinden Boulevard, adjacent to the property, is classified as an Entryway Corridor on the Future Land Use Map, and requires a 35-foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of the future 100 foot right-of-way for the highway. There is approximately 55 additional feet that will be improved with grass, until ITD purchases it for the widening of Chinden Boulevard. This proposal meets the 35 foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by ITD for future roadway expansion.) Landscape buffers in accord with UDC 11-2B-3 are required along Ramblin Court, Black Cat and Exeter Avenue. Tree Mitigation: There are large trees on the site which the applicant is proposing to remove or relocate. Any tree over 4” in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. Existing Structures: The site currently contains multiple buildings. All buildings should be removed or relocated, prior to issuance of the first certificate of occupancy. Sidewalk: UDC 11-3A-17D requires sidewalks on both sides of public streets. Ramblin Court is currently improved with pavement only. The sidewalk on the north side of W. Ramblin Court is to be constructed as part of the Trilogy Subdivision. The applicant shows a sidewalk connection from Chinden Boulevard into the site. All sidewalks shall be constructed in accordance with UDC 11-3A-17. Additionally, the concept plan does not show a 5 -foot sidewalk along N. Black Cat. The concept plan shall be modified to reflect that requirement. Multi-Use Pathway: A 10-foot wide multi-use pathway is required to be constructed on this site along Chinden Boulevard (SH 20/26) within a public use easement in accord with UDC 11 -3H- 4C.4. Building Elevations: Elevations were submitted with the subject application. Staff is supportive of the proposed mix of building materials (lap siding and stucco). Commercial buildings are required to obtain design review approval. In general staff is supportive of the building design submitted with the application. Future buildings constructed within the subdivision must comply with the elevations attached in Exhibit A.4 below. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the commercial structures. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive plan and the UDC with the conditions of approval listed in Exhibit B. Based on the aforementioned analysis, staff recommends approval of the subject application. 10. EXHIBITS A. Drawings Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 7 1. Vicinity Map 2. Proposed Concept Plan/Elevations (dated: 09/20/16) B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District 8. Boise Project Board of Control C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 20 A. Drawings 1. Vicinity/Zoning Map Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 21 2. Proposed Concept Plan/Elevations NOT APPROVED (dated: 9/20/16) Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 22 B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Access to Chinden Boulevard and Black Cat shall be prohibited for this site. Access shall be provided from Ramblin Court and N. Exeter Drive as proposed. b. The applicant shall dedicate the necessary right-of-way for both Chinden Boulevard and Black Cat with the development of this property. c. Future development of the site shall be consistent with the design standards listed in UDC 11- 3A-19 and the guidelines in the City of Meridian Architectural Standards Manual. d. Development of this property shall substantially comply with the concept plan and elevations included in Exhibit A.2 and shall be limited to uses allowed within the L-O zoning district. e. Construct a minimum 35-foot wide landscape buffer along N. Black Cat Road and Chinden Boulevard and a 10-foot wide landscape buffer adjacent to Ramblin Court and Exeter Drive. The landscape buffers shall be landscaped in accord with the standards listed in UDC 11-3B- 5 and 11-3B-7C. f. All landscape and frontage improvement associated with the site including a 10-foot wide multi-use pathway along the north boundary of this site within the landscape buffer along W. Chinden Boulevard. g. With submission of a certificate of zoning compliance, the landscape plan shall show the required landscape buffers in accord with UDC 11-2B-3. Landscape buffers are required along Ramblin Court, Black Cat and Exeter Avenue. h. The concept plan does not show a 5-foot sidewalk along N. Black Cat. The concept plan shall be modified to reflect that requirement. i. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. j. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the proposed use and site design (parking, landscaping, paving, etc.) prior to issuance of building permits. k. The single family home shall be removed prior to issuance of the first certificate of zoning compliance for the site. Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 23 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Even though water and sewer mains currently exist in N. Black Cat Road, it is the city’s preference that services for this project come from the proposed mains in Ramblin Court that are to be installed with the Trilogy Development, if they exist at the time of development. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.3 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed shall be tiled per UDC 11- 3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.4 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.5 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.6 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.7 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.8 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.9 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.10 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 24 2.2.11 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.12 At the completion of the project, the applicant shall be responsible to submit record drawings for any new public infrastructure per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.13 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.14 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed public sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 Construct a 10-foot multi-use pathway adjacent to Chinden Boulevard. At such time that the multi- use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 5.2 A pedestrian easement for the multi-use pathway shall be recorded prior to City Engineer’s signature on the final plat. 6. REPUBLIC SERVICES 6.1 Republic Services did not provide comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT (ACHD COMMENTS FORTHCOMING) 7.2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.2.2 STANDARD CONDITIONS OF APPROVAL Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 25 C. Legal Description and Exhibit Map Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 26 Exhibit A Black Cat and Chinden – AZ (H-2016-0120) PAGE 27 D. Required Findings from Unified Development Code 1. Annexation & Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexatio n and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds the proposed annexation with the L-O zone is consistent with the proposed MDR future land use designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the L-O zoning district is consistent with the purpose statement of the commercial districts and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Per the above findings, Council finds the proposed annexation is in the best interest of the City if the applicant enters into a development agreement and complies with all recommended DA provisions in Exhibit B.