Gensco Subdivision H-2017-0098ADA COUNTY RECORDER Christopher D. Rich 2017-119617
BOISE IDAHO Pgs=23 LISA BATT 12/14/2017 04:55 PM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIES: 1. City of Meridian
2. Kobe, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of 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 Kobe, LLC, whose address is 732 Santa Paula Place, Boise, Idaho
83712, hereinafter called OWNER/ DEVELOPER.
1. RECITALS:
1.1 WHE RE AS, 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
fall, 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 made 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 re -zone
of approximately 4.50 acres of land from the C -G zoning district to the I -L
(Light Industrial) zoning district in the Meridian City Code (as described in
Exhibit "A"), under the Unified Development Code, which generally
describes how the Property will be developed and what improvements will be
made; and
1.5 WHEREAS, Owner/Developer made representations at the 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
DEVELOPMENT AGREEMENT - GENSCO SUBDIVISION (H-2017-0098) PAGE 1 OF 7
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 8th day of November, 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 Kobe, LLC, whose address is
732 Santa Paula Place, Boise, ID 83712 any subsequent owner(s)/developers
of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
DEVELOPMENT AGREEMENT - GENSCO SUBDIVISION (H-2017-0098) PAGE 2 OF 7
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Light Industrial District (I -L) and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of the northern portion of this shall substantially comply with
the conceptual elevations included in Exhibit A of the Staff Report, which is hereby
incorporated as an attachment to the Findings of Fact and Conclusions of Law as
Exhibit "B".
b. Direct vehicle access shall be limited to Lanark and Nola, unless ACHD and the City
Council grant access to North Locust Grove and East Franklin Road in the future.
c. The subject property shall be subdivided prior to issuance of any Certificate of Zoning
Compliance application OR the entire property shall be included with the Certificate of
Zoning Compliance application.
d. Future development shall comply with the design standards listed in UDC 11-3A-19 and
the City of Meridian Architectural Design Manual. Windows are required on all
elevations that face any open play area, the basketball court and any other areas used for
children's recreation to allow views of these areas. All roof and wall mounted
mechanical, electrical, communications, and service equipment should be screened from
public view from the adjacent streets and properties.
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
DEVELOPMENT AGREEMENT - GENSCO SUBDIVISION (H-2017-0098) PAGE 3 OF 7
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code § §
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
DEVELOPMENT AGREEMENT - GENSCO SUBDIVISION (H-2017-0098) PAGE 4 OF 7
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:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Kobe, LLC
732 Santa Paula Place
Boise, ID 83712
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
parry 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.
DEVELOPMENT AGREEMENT - GENSCO SUBDIVISION (H-2017-0098 PAGE 5 OF 7
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner/Developer have fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; acknowledgements, signatures, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT - GENSCO SUBDIVISION (H-2017-0098) PAGE 6 OF 7
ACI(NOWI:,I♦ DEMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
CITY OF MERIDIAN
Mayor Ta tfi* de Weerd
STATE Or IDAHO )
. ss:
r'ttti• �,r a
W
E rDxAN�
IDANO
SEAL
ATTEST: �� TR�ASUC
C y ColesWity Cleric
County of Ada,
0 this +. day of 0,/ , 2017, before me, the undersigned,.a Notary. Pub}` in and.for said State, personally
appeared l)_4vw>�- > known or identified to me to be the of Kobe, LLC and
acknowledged tome that he executed the same oil behalf of said partnership.
IN WITNESS WHEREOF, I h,tereunta set my hand and affixed my official seal the day and year in this certificate first
above written.
# til • '; .�• A \ l
(SEAL) J�V
.ti f` \1
4Ty
Notary Public for b�
`Yv 1• Residing at,
{ - < ; tLL rely Commission Ex' i� l ?!�
1
ks-
STATE OF IDAHO
ss
County.of Ada )
On thi - d y of l lJK > 2017, before me, 4 -Notary Public, personally appeared Tommy de
Weerd and C,Jay Coles, know or identified torme to be the Mayor and Clerk, respectively, of the City ofMer}diall, who executed the
instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such Cityexecuted the
same.
li�� .5�V* F, I have hereunto set my hand and affixed any official seal the day and year in this certificate first
above wrijte "� AR p •,' ••
• Q 00
CIA W k
(SEAL) 0Notary Public r aho
�.0 Residing at.,
L Commission e_pLires;
a a D.,_
DEVELOPMBN*f4 VW1jo f — GENsco SUBDIVISION (H-2017-0098) PAGE 7 or 7
Exhibit A
LEGAL DESCRIPTION
FOR
REZONE FROM C -G TO INDUSTRIAL
A parcel of land lying in the WI/2 ofthc SWIM ofthe SWIM of Section 8, Township 3
North, Range I East, Boise Meridian, Ada County, Idaho, said pv=1 being mom
particularly described as follows:
Commencing at a Dross Cup marking the SW comer of Section 8; thtmce N.0125'49'"E.
681.29 feet along the East tine of said Section 8 to a point ; thence 5.89°34' 1 l "E. 46.00
fact cast to a 518 inch rebar, said rebar or being the POINT OF DEGMUNG;
Thence N.45"2173"F. 35.41 feet to a 5A inch rebar,
Thence 5.89"34'20"E. 538.71 feet to a point;
Thcncc 5.44133'03"E. 35.34 fact to a point;
Thence S.0028'15"W. 309.00 feet to a point;
Thenen NXT34'20"W. 588AS feet to a point;
Thence N.0°2548L,. 308.93 feet to the POINT Or BEGINNING.
Said parcel contains 4.50 uacs, marc or Ices, and is subject to all existing easemenis and
right -of ways of record or implied.
Gensco — RZ H-2017-0098
Exhibit A
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Parcel Line Table
Line #
Length
Direction
E. LANARK STREET
S89' 34' 20"E 538.71'
48.00
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35.41
L20
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35.34
S44' 33' 03"E
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Parcel Line Table
Line #
Length
Direction
L20
48.00
N89' 34' 11"W
L21
35.41
N45' 21' 23"E
L22
35.34
S44' 33' 03"E
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Gensco — RZ H-2017-0098
10.1yel
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW �'j�*,,-.,.,
AND DECISION & ORDER tAwn
In the Matter of the Request for Rezone of 4.5 acres of land from the C -G to the I -L zoning district,
by Kobe, LLC.
Case No(s). H-2017-0098
For the City Council Hearing Date of. October 17. 2017 (Findings on November 8, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 17,
2017, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 17, 2017, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11 -784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11 -5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 17, 2017, incorporated by reference. The conditions are concluded to be
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S), H-2017-0098 - I
-
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for rezone is hereby approved per the Staff Report for the hearing date
of October 17, 2017, attached as Exhibit A.
D. 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 § 67-652 1, 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code.
E. Attached: Staff Report for the hearing date of October 17, 2017
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0098 -2-
By action of the City Council at its regular meeting held, on the day of IVOJ611
2017.
COUNCIL PRESIDENT KEITH BIRD VOTED Y*
COUNCIL VICE PRESIDENT JOE BORTON VOTEDA6;
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Y(4
ki, -
COUNCIL MEMBER TYPALMER VOTED ILA
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED 1C4
MAYOR TAMMY de WEERD 'VOTED
(TIE BREAKER)
Mayor Tamd = eerd
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: ()nW� � Yj X)% Dated:
CO-terk's Office V
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H -Al 7-0098 -3-
STAFF REPORT
TO:
FROM:
SUBJECT:
Exhibit A
Hearing Date: October 17, 2017
Mayor and City Council
Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
Gensco — RZ (H-2017-0098)
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
■
The applicant, Kobe LLC, has submitted an application for a rezone (RZ) of 4.5 acres of a total 8.38
acre parcel from the C -G to the I zoning district.
11. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ application in accord with the Findings of Fact and
Conclusions of Law in Exhibit C.
The Meridian Planning & Zonini! Commission heard these items on September 7, 2017. At the
public hearine the Commission moved to recommend approval of the subject RZ request.
a. Summary of Commission Public Hearing:
L In favor: Kevin Schalk (Applicant's representative)
ii. In opposition: None
iii. Commenting: Kevin Schalk
iv. Written testimony: None
v. Staff presenting application: Caleb Hood
A. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
L None
c. Key Issues of Discussion by Commission:
L Concerns about the pressure in the irrigation lines, who is responsible for the irrigation,
and what has been done to address the issue.
I Is 2ravel an appropriate material for the proposed pathway.
d. Commission Chane(s) to Staff Recommendation:
L. Modify condition 1.1.1B to read as follows: "Direct vehicle access shall be limited to
Lanark and Nola, unless ACRD and the City Council grant access to North Locust
Grove Road and East Franklin Road in the future."
e. Outstandint! Issue(s) for City Council:
L. The applicant is requesting access to both Locust Grove Road and Franklin.
The Meridian City Council heard this item on October 17, 2017. At the public hearinii, the
Council approved the subject RZ request.
a. Summary of Citv Council Public Hearing:
L i
In favor: Dout! Tamura (applicant)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
1. Staff Presenting application: Josh Beach
Gensco — RZ H-2017-0098 PAGE 1
Exhibit A
vi. Other staff commenting on application: None
b. Key, issue(s) of Public Testimony:
L None
c. Key Issues of Discussion by Council:
L None
di. Key Council Changes to Staff/Commission Recommendation
L None
M. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2017-0098, as presented in the staff report for the hearing date of
September 7, 2017, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number H-2017-0098, as presented during the hearing on September 7, 2017, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2017-0098 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at the northeast comer of N. Locust Grove Road and E. Franklin Road, in the
SW'/4 of Section 8, Township 3 North, Range I East. (Parcel No.: S1108336020)
B. Owtier/Applicant/Representative:
Kobe, LLC
732 Santa Paula Place
Boise, ID 83712
C. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone. A public hearing is required before the Planning& Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: September 18, 2017 (Commission); September 29, 2017
(Council)
C. Radius notices mailed to properties within 300 feet on: August 9 and 10, 2017 (Commission);
September 8, 2017 (Council)
D. Applicant posted notice on site(s) on: August 20, 2017 (Commission); October 3, 2017 (Council)
\® WWUM al 0. D I
A. Existing Land Use(s) and Zoning: The site is currently vacant and is currently zoned C -G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
Gensco — RZ H-2017-0098 PAGE 2
Exhibit A
1. North: Industrial use, zoned I -L
2, East: Single-family residential, zoned RUT; Industrial Use, zoned I -L; Commercial Auto
Repair, zoned C -G
3. South: Single-family residential, zoned RUT; Multi -family residential, zoned R-15
4. West: Vacant property, zoned C -G and I -L
C. History of Previous Actions: This property was annexed in 1996 as ordinance #748.
D. Utilities:
1. Location of sewer: The subject site is currently being served with sanitary sewer from the
City of Meridian.
2. Location of water: The subject site is currently being served with water from the City of
Meridian.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no waterways that cross this site.
2. Hazards: Staff is unaware of any hazards that exist on this site.
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Commercial" on the Comprehensive Plan Future Land Use Map.
Per the Comprehensive Plan (page 105), commercial designated areas, "will provide a full range of
commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service
and office uses, multi -family residential, as well as appropriate public uses such as government
offices. Within this land use category, specific zones may be created to focus commercial activities
unique to their locations. These zones may include neighborhood commercial uses focusing on
specialized service for residential areas adjacent to that zone."
Although this property has a Commercial designation within the Comprehensive Plan Future Land
Use Map, land use designations do not follow parcel/property lines; there are properties directly to the
north, east and west that are designated Industrial. In this situation, staff is recommending to "float"
the adjacent, Industrial designation to a portion (4.5 acres) of the subject property as well.
Staff finds that the proposal to rezone a portion of this property to I -L is consistent with the desired
land uses in the comprehensive plan for several reasons. These reasons include the adjacent users to
the north and east are either existing industrial users, or are designated as such. To ensure compliance
with the plan staff is recommending that the property owner enter into a development agreement that
will further define the uses allowed on the property as well as access points, and subdivision.
Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application
and apply to the proposed use of this property (staff analysis in italics):
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2C-1, the, purpose of the I -L district is to provide for
convenient employment centers of light manufacturing, research and development, warehousing,
and distributing. In accord with the Meridian comprehensive plan, the I -L district is intended to
encourage the development of industrial uses that are clean, quiet and free of hazardous or
Gensco — RZ H-2017-0098 PAGE 3
Exhibit A
objectionable elements and that are operated, entirely, or almost entirely, within enclosed
structures. Accessibility to transportation systems is a requirement of this district.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2C-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the I -L zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. Flex Space developments are listed as
a principal permitted use in the I -L zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC I 1-2C-3 for the I -L zoning district.
D. Landscaping: Street buffer landscaping is required in the I -L zoning district in accord with UDC
11-2C-3.
E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for flex=
space developments.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Rezone
The applicant has applied for a rezone of 4.5 acres of land from the C -G to the I -L zoning, district.
As discussed above in Section VII, the proposed zoning is consistent with the policies in the
Comprehensive Plan.
The proposed concept plan depicts a 50,000 s.f. building with a potential future expansion of
20,000 s.f. Staff does not typically support split -zoned properties. However, subsequent to
applying for the subject rezone, the applicant has submitted a preliminary/final plat application to
create a three lot subdivision out of the existing parcel. The northern lot is proposed for I -L
zoning, while the southern two lots will remain zoned C -G. The three uses will be required to
obtain separate land use approvals prior to construction and operation. In general, staff is
supportive of the proposed concept plan.
The site currently has one vehicular access to both N. Locust Grove Road and E. Franklin Road,
UDC 11-3A-3 requires the applicant to utilize local streets where available. In this case the
applicant is required to utilize access from E. Lanark Street and N. Nola Road (both local streets).
Staff recommends approval of a single shared access as well as one shared access from E.
Franklin Road. Madden subdivision is currently being processed by staff and is scheduled to be
heard by the Planning and Zoning Commission on September 215. In order to utilize access
from N. Locust Grove Road and E. Franklin Road, the applicant will need to obtain
approval from both ACHD and City Council.
Under the existing zoning (C -G), the proposed wholesale sales and warehouse uses are> not
allowed. Although the applicant has submitted a viable concept plan, the only development
currently shown on the conceptual site plan is the wholesale sales and warehouse building located
on Lot 1; specific development plans are not proposed for Lots 2 and 3, Block 1.
In order to ensure that the property develops as recommended by staff, staff is recommending that
the property be subject to a development, agreement. Staff s recommended DA provisions are
provided in Exhibit B. The City may require a development agreement (DA) in conjunction with
a rezone pursuant to Idaho Code section 67-6511A.
Gensco — RZ H-2017-0098 PAGE 4
Exhibit A
In summary, Staff recommends approval of the proposed rezone request for a portion of the overall site in
accord with the findings contained in Exhibit D.
X. EXHIBITS
A. Vicinity/Zoning Map
B. Legal Description & Exhibit Map for Rezone Boundary
C. Development Agreement Provisions
D. Required Findings from Unified Development Code
E. Conceptual Elevations (Not Approved)
EXHIBIT A: VICINITY/ZONING MAP
0.2
Vicinity Map Miles
Gensco — RZ H-2017-0098 PAGE 5
Exhibit A
Exhibit A
LEGAL DESCRIPTION`
FOR
RE NE FROM C -G TO INDUSTRIAL
A parcel of land lying in the W112 ofthe SWIM offt SW 114 of Section 8, Township 3
.North, Range 1 Last, Boise Meridiem, Ada County, Idaho, said parcel being more
partic ilarly described as follows
Conumuing at a Bass Cap marking the SW darner of Section 8, thence N.0" 25"49"E_
681.29 feet along the East line of said Section 8 to a paint , thence &89P34'1 I"E. 48.00
fcdt cast to a 5/$ inch mbar, said rcbar or being the POINT OF BEGINNING,
Them N.45021'23"F 35.41 feet to 'a 518 inch rebary
Thence 5.89034'20E. 538.71 feet to a pointy
Thence 5.44°33'03'%. 35.34 fod to a point,;
Thence 5.0°28' 15'"W. 309.00 feet to a point,
Thence N.89034'20"W. 588.48 fed 'to a point,
Thence 11.0°254W%. 308.93 feet to the POINT OF MCINNIINCL
Said pared co nteins 4,50 acres, more or leas„ and is subject to all existing easements and'
right-of-ways of ruour l or implied.
Exhibit A
I
Parcel Line Table
Line #
Length
Direction
L20
48.00
1 89* 34' 11-W
E. LANARK STREET
35.41
N45' 21' 23"E
L22
1 35.34
S89* 34' 24"E 538,71*
Y.
'L20
b
N
LOT 1
4.50 ACRES
Li 06
A 0
04
01
b
b
0,0
S89' 34' 20"E 588.48'
(n
-
u
p 23.19'
I
Parcel Line Table
Line #
Length
Direction
L20
48.00
1 89* 34' 11-W
L21
35.41
N45' 21' 23"E
L22
1 35.34
1 S44' 33' 03-E
J.J. HOWARD 1 1-71, 1----L
mu I � or I "Mm
Iw V - Iw CLS 170IM2. MGM 0mvm
Exhibit A
1. 1 Site Specific Provisions
1.1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the
rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property
owner(s) at the time of rezone ordinance adoption, and the developer. A final plat application
shall not be submitted until the DA is approved and recorded by the City.
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
City within six (6) months of the City Council granting the rezone. The DA shall, at minimum,
incorporate the following provisions:
a. Future development of the northern portion of this site shall substantially comply with the
conceptual elevations included in Exhibit E and the conditions contained herein.
b . Difeetvehieular- aeeess to N. Lemst Gfove limited to one shared aeeess from E. FfarAdin
and one shafed aeeess ffem N. Leeiist Gfeve. The appliea-PA sWI feeeive app-r-w—'all fikem-
both AC41D and City GotHwi4 in ofder- to u". -e these aeeess pe 1Direct vehicle
access shall be limited to Lanark and Nola, unless ACRD and the City Council
grant access to North Locust Grove Road and East Franklin Road in the future.
c. The subject property shall be subdivided prior to issuance of any Certificate of Zoning
Compliance application OR the entire property shall be included with the Certificate of
Zoning Compliance application.
d. Future development shall comply with the design standards listed in UDC 11-3A-19 and
the City of Meridian Architectural Design Manual. Windows are required on all
elevations that face the open play area, the basketball court and any other areas used for
children's recreation to allow views of these areas. All roof and wall mounted
mechanical, electrical, communications, and service equipment should be screened from
public view from the adjacent streets and properties.
Exhibit A
EXHIBIT D. REQUIRED FINDINGS FROM UNIFIED DEVELOPMENT CODE
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a fun investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The applicant is proposing to rezone the subject property from C -G to the I -L zoning district.
This property is currently designated Commercial on the Future Land Use Map. However, the
adjacent properties are designated Industrial and the Comprehensive Plan is not parcel
specific. An interpretation that the northern portion of the subject parcel may be industrial is
appropriate in this situation. Council finds the amendment is consistent with the applicable
provisions of the Comprehensive Plan (see section VII above).
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 I -L zoning district is consistent with
the purpose statement for the traditional neighborhood districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning map amendment will not be detrimental to the public
health, safety, or welfare. City utilities already exist to this site. Council considers any oral or
written testimony that maybe provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
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).
This finding is not applicable as the request is for a rezone.
-6-
Exhibit A
1 *114 0. 11 10 N I 11 - D D &