Kobe/Copy Development Agreement H-2017-0157ADA COUNTY RECORDER Christopher D. Rich 2018-027680
BOISE IDAHO Pgs=32 BONNIE OBERBILLIG 03/29/2018 08:21 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Kobe, LLC, Owner
3. Cope Holdings, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this C� day of MWV k , 2018, 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 Dobe, LLC, whose address is 1124 E. Santa Maria Drive, Boise, Idaho
83712, hereinafter called OWNER and CopeHoldings, LLC whose address is 1855 E. Lanark Street,
Meridian, Idaho 83642 hereinafter called DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or 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 11-5B-3 ofthe Unified Development Code ("UDC"), which authorizes
development agreements upon the annexation and/or re -zoning of land; and
1.4 WHEREAS, Owner and/or Developer have submitted an application for the re-
zoning of 5.62 acres of land from the C -G (General Commercial) zoning district
the to I -L (Industrial) zoning district, 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 and/or 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
DEVELOPMENT AGREEMENT— DOBE/COPE (H-2017-0157) PAGE 1 Or 8
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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, B and C follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER:
Kobe, LLC
By: 2G� C 1/lU%�c / c�1 UA
DEVELOPER:
Cope Holdings, LLC
By: v
R\�\� CY�cVY► �'Y�Dw�_
CITY OF MERIDIAN
By: ��
Mayor Ta de Weerd
ATTEST:
D A UG(,
v
CSV E IDIAN+ --
IDAHO
SEAL
ty Clerk
PAGE 7 OF 8
DEVELOPMENT AGREEMENT - KOBE/COPE (H-2017-0157
STATE OF IDAHO
ss:
County of Ada, )
On this _LL, day of M (, `c Vl , 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared leo TIe Tc7 ✓� r�� known or identified tome to be the Me m be r
of the Kobe, LLC and the person who signed below, and acknowledged to me that he executed the same on behalf 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) AARON .BOSCHI Notary Public fbijiI�daho
V
Notary Public Residing at: c)>5f�ct�'
State of Idaho My Commission Expires:
My 9 25,-202' sslon res
STATE OF IDAHO )
. ss:
County of Ada, )
On this��� day of�7f&,�AEO2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared /C/C'l�, known or identified to me to be the (�ANA(a//fC-r
of Cope Holdings, LLC, and acknowledged to me that ne executed the same on behalf 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.
%/it./
(SEAL) IOTA R Y NFlusg Caldwell, ID
1. 0.
otary Publi or Idaho Commission Expires:10112j201a
• Residing at:
G My Commission Expires:
A �O
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STATE OF IDAHO )�'''��n��.�•''�
: ss
County of Ada n )
On this 1 day of "(J�+« , 2018, before me, allotary Public, personally appeared Tammy
de Weerd and 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
certificates" gypov written.
••�' Rw19�••�:Wag—
A •; Notary Publicor I^daho
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Residing at:
0 "► ► ' �� C ���� "�-��
Commission expires:
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•••. ` STATE O•.••
00088 �..•• PAGE 8 OF 8
DEVELOPMENT AGREEMENT — KOBE/COPE (H-2017-0157)
Exhibit A
Kobe/Cope – RZ H-2017-0121
Meridian City Council Meeting Agenda March 27, 2018 – Page 140 of 493
Exhibit A
Kobe/Cope – RZ H-2017-0121
Meridian City Council Meeting Agenda March 27, 2018 – Page 141 of 493
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0157 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Comprehensive Plan Map Amendment from Commercial to
Industrial for 10.12 acres of land and a Rezone of 5.62 acres of land from C-G to I-L., by Kobe,
LLC.
Case No(s). H-2017-0121
For the City Council Hearing Date of: February 20, 2018 (Findings on March 6, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 20, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 20, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 20,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 20, 2018, 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.
Meridian City Council Meeting Agenda March 6, 2018 – Page 315 of 605
EXHIBIT B
Meridian City Council Meeting Agenda March 27, 2018 – Page 142 of 493
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0157 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 20, 2018, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for Comprehensive Plan Map Amendment and Rezone are hereby
approved per the conditions of approval in the Staff Report for the hearing date of February 20,
2018, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
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.
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 February 20, 2018
Meridian City Council Meeting Agenda March 6, 2018 – Page 316 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 143 of 493
By action of the City Council at its regular meeting held on the W day of '
2018.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL TREG BERNT VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED X-1
COUNCIL MEMBER TY PALMER VOTED
1[
COUNCIL MEMBER LUKE CAVENER) U P VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
TIE BREAKER)
Mayor Tam Weerd
Attest: `
es gip,
city of
L
C. aC1"
City Clerk ' TSE ^`'>
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0157 -
3
1 ob-Cape.
Meridian City Council Meeting Agenda March 27, 2018 – Page 144 of 493
Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 1
STAFF REPORT
HEARING DATE: February 20, 2018
TO: Mayor & City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Kobe/Cope – CPAM, RZ (H-2017-0157)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Kobe, LLC and Cope Holdings, LLC, has applied for the following:
1) a comprehensive plan map amendment (CPAM) to change the land use designation on
approximately 10.12 acres of land from Commercial to Industrial.
2) a rezone (RZ) of 5.62 acres from the C-G (General Commercial) to the I-L (Industrial) zoning
district
See Section VII, VIII & IX for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM and RZ applications with the conditions of
approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on January 18, 2018. At the
public hearing, the Commission moved to recommend approval of the subject CPAM and RZ
requests.
a. Summary of Commission Public Hearing:
i. In favor: Shari Stiles
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. Concerns about how the outdoor storage yard will be screened.
ii. Discussion on the quality of the architecture of the proposed building for the site.
d. Commission Change(s) to Staff Recommendation:
i. Add condition 1.1.1f to require the structures on the site to comply with the commercial
standards in the Architectural Standards Manual.
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on February 20, 2018. At the public hearing, the
Council approved the subject CPAM and RZ request.
Meridian City Council Meeting Agenda March 6, 2018 – Page 318 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 145 of 493
Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 2
a. Summary of City Council Public Hearing:
vii. In favor: Becky McKay (applicant’s Representative)
viii. In opposition: None
ix. Commenting: None
x. Written testimony: None
xi. Staff presenting application: Josh Beach
xii. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
iii. None
di. Key Council Changes to Staff/Commission Recommendation
ii. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0157 as presented for the hearing date of January 18, 2018, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move deny File Number H-2017-0157, as
presented in the staff report for the hearing date of January 18, 2018, for the following reasons: (You
should state specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0157 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the northeast corner of N. Locust Grove Road and E. Franklin
Roads, in the SW ¼ of Section 08, Township 3 North, Range 1 East.
B. Applicant:
Kobe, LLC Cope Holdings, LLC
1124 E. Santa Maria Drive 1855 E. Lanark Street
Boise, Idaho 83712 Meridian, ID 83642
C. Owner:
Kobe, LLC
1124 E. Santa Maria Drive
Boise, ID 83712
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Suite 100
Meridian, Idaho 83642
Meridian City Council Meeting Agenda March 6, 2018 – Page 319 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 146 of 493
Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 3
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject applications are for a comprehensive plan map amendment and rezone. 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: December 29, 2017 (Commission); February 2, 2018
Council)
C. Radius notices mailed to properties within 300 feet on: December 21, 2017 (Commission);
February 2, 2018 (Council)
D. Applicant posted notice on site by: January 9, 2018 (Commission); February 10, 2018 (Council)
VI. LAND USE
A. Existing Land Use(s): The property is currently undeveloped, zoned I-L and C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Industrial use; Parks Maintenance Facility, 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.
In 2017 a rezone (Gensco H-2017-0098 and associated development agreement Instrument #
2017-119617) and a combined preliminary final plat (Madden Subdivision H-2017-0121)
application were approved for the property.
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 ANALYSIS
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS:
Existing:
This property is designated Commercial on the Comprehensive Plan Future Land Use Map (FLUM).
This designation will provide a full range of commercial and retail to serve area residents and visitors.
Meridian City Council Meeting Agenda March 6, 2018 – Page 320 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 147 of 493
Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 4
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. The site is currently undeveloped.
Proposed:
The applicant proposes to change the FLUM designation from Commercial to Industrial. This
designation allows a range of industrial uses to support industrial and commercial activities and to
develop areas with sufficient urban services. Light industrial uses may include warehouses, storage
units, light manufacturing, and incidental retail and offices uses. Heavy industrial uses may include
processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases,
screening, landscaping, and adequate access should be provided.
On October 24, 2017, the Madden Subdivision Preliminary Final Plat (H-2017-0121) was approved
by the Meridian City Council which included a specific waiver to requirements of UDC 11 -3A-3.
Approval of this application (which includes the subject property) allowed two curb cuts to remain for
both Locust Grove and Franklin Road, in addition to proposed curb cuts on Nola and Lanark streets.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
1. 3.01.01B, “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic
impacts, school enrollment, parks, etc).”
ACHD has been notified and involved with the application. There are no impacts to school or
parks as the entire project area is non-residential. The application was forwarded on to partner
agencies for comment.
2. 3.01.01D, “Update the Comprehensive Plan and Unified Development Code as needed to
accommodate growth trends.”
There is a general view that industrial land in Meridian is in short-supply, or that available
industrial land is too expensive. Updating the Map to allow more industrial in this area, with
existing industrial to the West, North, and East, helps to make Industrial land more available.
3. 3.01.01F, “Permit new development only where urban services can be reasonably provided at the
time of final approval and development is contiguous to the City.”
The proposed project is located in an area where development has and is already occurring, and
City services are readily available.
4. 3.01.01J, “Work with transportation agencies and private property owners to preserve
transportation corridors, future transit routes and infrastructure, road and highway extensions, and
to facilitate access management planning.”
The existing site and proposed site plan both show direct access to Franklin Road when an
access to a local street is also planned. The property to the east developed with an auto oriented
business without direct access to Franklin Road, and instead takes access from Nola Road only.
5. 3.03.02G, “Consider the adopted COMPASS regional long-range transportation plan in all land-
use decisions.”
Neither of the adjacent arterials (Locust Grove and Franklin) are related to any priority
corridors or projects. Objective 6.1.3 of the Communities in Motion long-range transportation
plan states: “Maintain adequate land for industrial uses near fright routes and transfer centers.”
This area of Franklin is a major Industrial area with lots of truck traffic and shipping areas.
Meridian City Council Meeting Agenda March 6, 2018 – Page 321 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 148 of 493
Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 5
Furthermore, Task 6.1.3.b states: “Protect industrial land from rezoning to other uses.” By
changing both the Future Land Use Map and Zoning to Industrial at this intersection, it will be
more difficult for other non-industrial uses to encroach within the Industrial areas to the
northeast.
6. 3.03.02N, “Reduce the number of existing access points onto arterial streets by using methods
such as cross-access agreements, access management, and frontage / backage roads.”
The site maintains existing curb cuts onto an arterial roadway while also taking an additional
access from Nola Road. Shared and cross-access with the adjacent subdivided parcels is
proposed, but each of the adjacent subdivided parcels also takes access from adjacent roadways
resulting in no consolidation and increased potential for traffic conflicts.
7. 3.03.04K, “Consider ACHD's MSM (Master Street Map) in all land use decisions.”
The MSM shows Locust Grove Road, Franklin Road, and Lanark St. This section of Locust Grove
is an Industrial Arterial, Franklin is a Planned Commercial Arterial, and Lanark is an Industrial
Collector. There are no planned public capacity improvements to any of these roads.
8. 3.06.01C, “Encourage industrial development to locate adjacent to existing industrial uses.”
The adjacent developed properties to the west, north, and east are all industrial.
9. 3.06.01F, “Protect existing residential properties from incompatible land use development on
adjacent parcels.”
Adjacent residential properties to the south are separated by an arterial roadway, which is
generally considered to be an appropriate land use separator. Additional topographic and
landscape improvements and features also exist to buffer.
10. 3.06.01H, “Support land uses that do not harm natural systems and resources.”
There are no known natural resources in the project area that should be protected.
11. 3.06.01I, “Preserve and protect industrial lands for continued industrial use.”
Revising the Future Land Use Map to Industrial in this area not only increases the amount of
industrial land available, but also buffers and reduces the adjacent existing industrial land from
non-industrial encroachment.
12. 3.06.02D, “Restrict private curb cuts and access points on collectors and arterial streets.”
The proposed site plan maintains the same number of existing curb cuts as exist, while also
creating a new access along Nola Rd.
Based on the above analysis, staff is supportive of the proposed development as it is generally
consistent with the comprehensive plan.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review,
and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements
which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell
out how these policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
Meridian City Council Meeting Agenda March 6, 2018 – Page 322 of 605Meridian City Council Meeting Agenda March 27, 2018 – Page 149 of 493
Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 6
a. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and
attractive developments within the City of Meridian. The proposed CPAM and RZ will change the
commercial nature of the property. To ensure the future industrial developments are compatible
with the adjacent properties, future development will be subject to the City’s design review
standards in the UDC and the Architectural Design Manual.
b. Population
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Residential and commercial developments must be easily served by City infrastructure and public
services. The property is currently annexed into the City and will continue receiving City
services.
c. Housing
The City of Meridian is charged with ensuring an adequate and attractive living environment
which meets the needs of City residents of different ages, family sizes, lifestyles, and income
levels. To accomplish this, the plan identifies areas appropriate for residential development and
areas not appropriate. The proposed CPAM does not incorporate a housing element.
d. Economic Development
Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based
economy to a retail, service, and manufacturing-based economy. During this time, local policy
with regard to the types of lands needed to support the economic and employment needs of the
community has also changed. The Comprehensive Plan forecasts the need to continually adjust
the provision of commercial lands in order to gradually broaden economic opportunity throughout
the City.
The subject properties are located adjacent to a large business park and the two major mobility
corridors. The amount of visibility and the level of public investment in infrastructure and
services like roads, park and ride lots, and medical make it a prime candidate for redevelopment.
Specifically the established transportation networks in the area and the visibility that this parcel
will have make this parcel a prime candidate for industrial development.
e. Public Services, Facilities, and Utilities
The property is currently annexed into the City and will continue receiving City services.
f. School Facilities and Student Transportation
The purpose of this element is to direct new residential development to areas with adequate
school facilities and student transportation. The subject application does not include a housing
element and should not impact the school system.
Transportation
The purpose of this element is to promote an efficient and safe transportation system within the
City. The property is located in an area that has an established roadway network to adequately
serve the proposed development.
g. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff is not aware of any natural resources that exist on this site that would be
impacted by the proposed development.
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Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 7
h. Special Areas
The subject amendment does not directly impact any lands designated for open space, natural
resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural
resources.
i. Hazardous Areas
The purpose of this element is to ensure regulation of development in hazardous areas, such as
floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site.
j. Recreation
Recreation resources within Meridian include 18 developed City parks totaling approximately
240 acres. The City is in the process of developing new park facilities. The City also maintains
several pathways. This site is not formally designated for recreational purposes.
k. Land Use
The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies
and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable
areas for future residential, commercial, and industrial development. The Map is designed to be a
projection of growth patterns for the City. Therefore, the Map is to be used as a guide for
decisions regarding request for land use changes.
The area northeast of the Franklin and Locust Grove intersection is almost exclusively industrial.
With this application for a Comprehensive Plan map amendment and rezone, this section of
Lanark will be entirely industrial. An Industrial land use and zoning designation at the northeast
corner of Franklin and Locust Grove will further buffer existing adjacent industrial uses from
encroachment of more commercial, office, and other non-industrial uses.
m. Implementation
The City provides the necessary staff and facilities to administer and enforce the policies and
goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the
Comprehensive Plan and its policies through the Unified Development Code. The Planning and
Zoning Commission is also authorized by the Council to review, approve and make
recommendations on proposals affecting the public’s interest in land use. The City Council is the
ultimate decision making authority on most land use applications.
n. Property Rights
The purpose of this element is to ensure that the land use policies, restrictions, conditions, and
fees do not unconstitutionally violate private property rights, and establish a consistent review
process that enable the City to ensure that any proposed actions will not result in an
unconstitutional taking of private property without due process of law. Staff believes that the
requested Comprehensive Plan Land Use Map change would not unconstitutionally violate
private property rights. The current property owner has consented to the application submittal.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s):
Light Industrial District (I-L) - 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
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Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 8
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: 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.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2C-3 for the I-L zoning district.
D. Landscaping:
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Table11-2C-3 for the I-L zoning district.
Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11-3B-8C.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table UDC 11-3C-6B for
the proposed industrial lots.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
COMPREHENSIVE PLAN MAP AMENDMENT (CPAM) AND REZONE (RZ): The applicant proposes to
amend the future land use map (FLUM) contained in the Comprehensive Plan to change the land use
designation on approximately 10.12 acres of land from Commercial to Industrial and to rezone 5.62
acres of land from C-G to I-L. As noted above, with a previous development application the northern
half of this parcel was recently rezoned to the I-L district.
The rezone is desired so the applicant can develop the east parcel with an automotive repair facility.
No other development is proposed on the adjacent parcel. To ensure the site develops in conjunction
with the submitted concept plan and elevations staff recommends the applicant enter into a
development agreement, the recommended DA provisions are located in Exhibit B of the staff report.
Site Plan: At this time, two of the parcels are proposed to develop. These parcels were subdivided
with the recant approval of the Madden Subdivision. Future users for the lots that were previously
subdivided include an industrial user to the north which includes an approximately 50,000 square foot
industrial building. With this application, the applicant has submitted an additional concept plan for a
separate auto body/collision repair business with a secured storage yard and the associated parking
area.
The applicant is proposing an automotive repair facility, major with accessory outdoor storage
yard as part of the concept plan. The future use of the site must comply with the specific use
standards set forth in UDC 11-4-3-37, UDC 11-3A-14 and UDC 11-4-3-33 for Outdoor Storage
Facilities.
Building Elevations: Conceptual building elevations were submitted for the proposed building as
shown in Exhibit A.5. Design features include a large amount of glass, what appear to be steel panels
and steel roll-up garage doors. Per the UDC, the flex building is characterized as a use of a building
for office and warehouse designed with an attractive exterior appearance. Staff is supportive of the
proposed building materials.
Access: The UDC (11-3A-3) restricts access to arterial streets when access is available from a local
street. This property has frontage on Nola Road, Lanark Street, Franklin Road and Locust Grove
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Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 9
Road. There are two existing access points to the site from both E. Franklin Road and N. Locust
Grove, both classified arterial roadways. Since this property has access to Nola and Lanark, access to
the arterials should be restricted. The applicant has indicated that they will also construct access
points to N. Nola Road and E. Lanark Street, both local commercial streets.
City Council approved the previously named access points with the Madden Subdivision (H-
2017-0121). Because there is a proposed shared access drive, the applicant shall provide a copy of a
recorded cross access agreement between the Cope Collision property and the property to the west.
The agreement shall be provided prior to application of a building permit.
Landscaping: A 10-foot wide street buffer is required to be provided along N. Nola Road as set forth
in UDC Table 11-2B-3. A 25-foot landscape buffer is required along E. Franklin Road and N. Locust
Grove Road, an arterial roadway, as set forth in UDC 11-2B-3. Landscaping within the street buffer
should be provided in accord with the standards listed in UDC 11-3B-7C. Any interior parking lot
landscaping will be required with development of the property.
Fencing: No fencing is depicted on the landscape plan for this site. Any new fencing should comply
with the standards listed in UDC 11-3A-7.
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17. A 7-foot wide attached sidewalk exists along N. Locust Grove Road and E.
Franklin Road. The applicant will be required to install attached sidewalk along E. Lanark Street per
the previously stated standards.
Utilities: All development is required to connect to the City water and sewer system unless otherwise
approved by the City Engineer in accord with UDC 11-3A-21.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for
the development in accord with UDC 11-3A-15 as proposed.
Storm Drainage: An adequate storm drainage system is required in all developments in accord with
the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of
Zoning Compliance application prior to construction to ensure all construction and site improvements
comply with the conditions in this report and the provisions of the UDC, per UDC 11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site layout
and design of all structures on the site is required to be consistent with the design standards listed in
UDC 11-3A-19 and in the Architectural Standards Manual.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the
Findings in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Existing & Proposed Future Land Use Map
3. Legal Description & Exhibit Map of Rezone Area
4. Proposed Concept Plan
5. Proposed Building Elevations
B. Agency Comments
C. Required Findings from Unified Development Code
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Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 10
Exhibit A.1: Vicinity Map
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Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 11
Exhibit A.2: Existing & Proposed Future Land Use Map
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Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 12
Exhibit A.3: Legal Description & Exhibit Map of Rezone Area
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Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 13
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Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 14
Exhibit A.4: Proposed Concept Plan
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Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 15
Exhibit A.5: Proposed Building Elevations
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Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 16
B. Agency Comments
1. PLANNING DIVISION
1.1.1 A Development Agreement (DA) is required as a provision of the 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) and the developer at the time of rezone ordinance adoption. A certificate of
zoning compliance application will not be accepted until the DA is recorded. The applicant
shall contact the City Attorney’s Office to initiate this process. 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. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk’s office prior
to commencement of the DA. The DA shall, at minimum, incorporate the following provisions:
a. Development of this site shall substantially comply with the design standards listed in UDC
11-3A-19; the guidelines contained in the Architectural Standards Manual, the site plan and
building elevations in Exhibit A.
b. This property is subject to the conditions of approval of the Madden Subdivision (H-2017-
0121).
c. All future development of the subject property shall comply with City of Meridian ordinances
in effect at the time of development.
d. Certificate of Zoning Compliance and Administrative Design Review applications are required
to be submitted to the Planning Division for approval of all future buildings/uses on the site,
prior to applying for a building permit.
e. The applicant shall comply with the accessory outdoor storage standards set forth in UDC 11-
3A-14.
f. Any structures built on the subject property shall conform to the commercial standards
in the City of Meridian Architectural Standards Manual
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Street lights are required as part of the Madden Subdivision. No occupancy should be granted
prior to installation and activation of the street lights.
2.2 General Conditions of Approval
2.2.1 The applicant shall provide easement(s) for any 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.
2.2.2 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.
2.2.3 Developer shall coordinate mailbox locations with the Meridian Post Office.
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Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 17
2.2.4 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.5 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.6 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.
2.2.7 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards for any new public sewer and/or water infrastructure.
These record drawings must be received and approved prior to the issuance of a certification of
occupancy for any structures within the project.
2.2.8 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. Please contact Land Development Service for more information at 887-2211.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comment on this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no comment on this application.
5. REPUBLIC SERVICES
5.1 No comments were received from Republic Services on this application.
6. PARKS DEPARTMENT
6.1 The Park’s Department has no comment on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 The Ada County Highway District has not submitted a staff report for the project.
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Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 18
C. Required Findings from Unified Development Code
1. COMPREHENSIVE PLAN AMENDMENT FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant an amendment to the
Comprehensive Plan, the Council shall make the following findings:
a. The proposed amendment is consistent with the other elements of the Comprehensive
Plan.
Council finds that the proposed changes to the Future Land Use Map are consistent with
elements of the Comprehensive Plan as detailed in Section VII above.
b. The proposed amendment provides an improved guide to future growth and
development of the city.
Council finds that the proposal to modify the Future Land Use Map to allow for the
industrial uses on this site will be compatible with existing and future commercial and
industrial uses.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
Council finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis).
d. The proposed amendment is consistent with the Unified Development Code.
Council finds that the proposed amendment is consistent with the Unified Development
Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
Council finds the proposed amendment will be compatible with the surrounding existing
industrial and future commercial uses.
f. The proposed amendment will not burden existing and planned service capabilities.
Council finds that the proposed amendment would not burden existing and planned service
capabilities in this area of the city. Sewer and water services are available to be extended to
this site.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses
that allows sufficient area to mitigate any anticipated impact associated with the
development of the area.
Council finds the proposed industrial development of this property is consistent with the
proposed map amendment, will not significantly impact development in this area and
provides a logical juxtaposition of uses.
h. The proposed amendment is in the best interest of the City of Meridian.
For the reasons stated in Sections VII and VIII and the subject findings above, Council finds
that the proposed amendment is in the best interest of the City if the applicant enters into a
development agreement with the City.
2. REZONE FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation and
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Exhibit A
Kobe/Cope – CPAM, RZ (H-2017-0121) PAGE 39
shall, at the public hearing, review the application. In order to grant annexation and zoning, 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 with the I-L zoning district
consistent with the proposed Industrial land use designation for this site. Therefore, 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 and is generally
consistent with the purpose statement of the district consistent with the Comprehensive Plan.
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. City utilities will be extended at the expense of the applicant.
Council considers any oral or written testimony that may be 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 (as applicable) is in the best of interest of the City (UDC 11-5B-3.E).
Not applicable.
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