Linder Mixed Use AZ RZ H-2017-0095ADA COUNTY RECORDER Christopher D. Rich 2018-052340
BOISE IDAHO Pgs=34 BONNIE OBERBILLIG 06/07/2018 09:29 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIUS: 1. City of Meridian,
2. Archie Douglas Stewart and K,elle Watkins, Owners
3. Trevor Gasser, TWO Properties, LLC, Developer
THISVELOPMENT AGREEMENT (this Agreement), is made and entered into
this -5 day of 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 Archie Douglas Stewart and Kelle Watldns, whose address is 5960 N.
Linder Road, Meridian, ID 83642, hereinafter called OWNERS and Trevor Gasser, TMEG
Properties, LLC whose address is 74 E. 500 S. #200, Bountiful, UT 84010 hereinafter called
DE'V'ELOPER.
'RF-CITAI,S:
1.1 V4rMREAS, Owners are the sole owners, in law and/or equity, of certain tract
of land in the County ofAda, 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 V4W, , AS, Idaho Code § 67-6511A. provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
male a written commitment concerning the use or development of the subject
Property; and
1.3 'I-WREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the UnitiedDevelopment Code ("UDC"), which authorizes
development agreements upon the annexation and/or re -zoning of land; and
1.4 WkIEREAS, Owners and/or Developer have submitted an application for an
annexation and zoning of 5.00 acres of land to the C -C (Community Business)
zoning district, tinder the Unified Development Code, which generally describes
how the property will be developed and what improvements will be made; and
1.5 WHEREAS, Owners 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 Propertywill be developed and what
improvements will be made; and
DEVFrop.\"TAGREPMENT—LTN7DiR MrxED USE (1-1-2017-0095) PAGa I OF 9
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MY OF
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STATE OF IDAHO
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County of Ada,
IDIAN+-
IDAHO
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On this t b day of Ll 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared Archie 1Dougla Stewart known or identified to me to be the person who signed below, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate fust above written. ,`1111 f fill/ f
(SEAL)
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STATE OF IDAHO
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County of Ada, )
Notary Public for Idaho
Residing at: 1 G C_LA
My Commission Expires: —A
On this L day ofAOA2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared Kelle Watkins kn or identified to me to be the person who signed below, and acknowledged to me
that she 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.
(SEAL) �p7Agf
Notary Pub l' for Idaho
AUSE��, e Residing at: i
My Commission Expires•
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DEVEI.OPMEW AGREEMENT 1.TNDER MIXED USE (H-2017-0095) PAGE 8 Or 9
STATE OF to { )
ss:
County of
On this 19 day of, 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared die io/ Cr "sF/ known or identified to me to be the
of Trevor Gasser, TNI EG Properties, LLC, and acknowledged to me that he executed the same on behalf of said
corporation.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL)
.; DAN MDLEY
a t , MTARVPVBW-SWE0FUGIN
s COMMISSION No. 636256
CO" EXP, 861iV2021
STATEOFIDAHO
Notary Public for
Residing at:
My Commission Expires: 1 t
CountyofAda )
Onthis�dayof Lt2018,beforrmc,allotnpPublic,parsonallyappearedTammy
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 orthe person that executed the instrument ofbehnlfofsaid City, and acknowledged to me that such
City executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and uffixcd my official seal the day and year in this
eenificatc first above wrinen.
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DEVELOPMENT AGREEMENT—LINDER MtxFD Ust: (H-2017.0095) PAGE 9 or'9
EXHIBIT A
Linder Mixed Use – AZ H2017-0095
Legal Description & Exhibit Map for Annexation and Zoning Boundary
Meridian City Council Meeting Agenda June 5, 2018 – Page 490 of 868
Meridian City Council Meeting Agenda June 5, 2018 – Page 491 of 868
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0095 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of Five (5) Acres of Land with a C-C
Zoning District, Located at 5960 N. Linder Road, by Trevor Gasser.
Case No(s). H-2017-0095
For the City Council Hearing Date of: February 27, 2018 (Findings on March 13, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 27, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 27, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 27,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 27, 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 27, 2018, incorporated by reference. The conditions are concluded to be
Meridian City Council Meeting Agenda March 13, 2018 – Page 4 of 110
Exhibit B
Meridian City Council Meeting Agenda June 5, 2018 – Page 492 of 868
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0095 - 2 -
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for annexation and zoning is hereby approved with the requirement of a
development agreement per the provisions in the Staff Report for the hearing date of February
27, 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 27, 2018
Meridian City Council Meeting Agenda March 13, 2018 – Page 5 of 110Meridian City Council Meeting Agenda June 5, 2018 – Page 493 of 868
By action of the City Council at its regular meeting held on the day of
2018.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
t/
L-"
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED ft
COUNCIL MEMBER TY PALMER VOTED Int
COUNCIL, MEMBER TREG BERNT VOTED Ya
COUNCIL MEMBER GENESIS MILAM VOTED yep
MAYOR TAMMY de WEERD VOTED
TIE BREAKER)
Mayor T a eerd
pUG4JgT
Attest:
2
C.J Cole
City Clerk
LATER oft eZR
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: 2)
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0095 Uvndex- Kyced Use— - 3 -
Meridian City Council Meeting Agenda June 5, 2018 – Page 494 of 868
EXHIBIT A
Linder Mixed Use – AZ H-2017-0095 PAGE 1
STAFF REPORT Hearing Date: February 27, 2018
Continued from: February 6, 2018)
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Linder Mixed Use – AZ (H-2017-0095)
Note: At the Commission hearing on October 19th, the Commission voted to continue this project to a
subsequent meeting in order for the applicant to revise their development plan to remove the multi-family
residential component of the plan. In lieu of multi-family, the Commission suggested other uses such as
townhomes, mixed commercial and/or offices. The applicant submitted a revised development plan as
requested, the staff report has been updated accordingly and the project has been re-noticed.
This application originally included a request for a rezone of 3.36 acres of land from the L-O to the R-15
and C-C zoning districts for the two adjacent properties to the south. Since the Commission hearing on
October 19th, the applicant has withdrawn the rezone request.]
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Trevor Gasser, submitted an application for Annexation and Zoning (AZ) of 5 acres of
land with a C-C zoning district. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ application in accord with the conditions of approval
in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on October 19, November 16
and December 21, 2017. At the public hearing on December 21st, the Commission moved to
recommend approval of the subject AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Trevor Gasser; Sally Reynolds (read letter from Greg Reynolds)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Trevor Gasser, Applicant (response to the staff report); Justin
Carpenter, Jeremy Evans, Karen Gallegos, Sally Reynolds and a petition signed by the
adjacent homeowner’s opposing the development.
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. In favor of the revised plan.
c. Key Issues of Discussion by Commission:
i. In favor of the revised plan.
d. Commission Change(s) to Staff Recommendation:
i. Include a requirement for a pedestrian walkway to be provided from the sidewalk along
the north/south backage driveway to the entrance of the building proposed on the east
side of the site (i.e. the dance studio/event center).
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EXHIBIT A
Linder Mixed Use – AZ H-2017-0095 PAGE 2
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on February 6 and 27, 2018. At the public
hearing on February 27, 2018 the Council approved the subject AZ request.
a. Summary of City Council Public Hearing:
i. In favor: Trevor Gasser
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. Access for the site via Linder Road.
d. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0095, as presented in the staff report for the hearing date of February 27, 2018, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0095,
as presented during the hearing on February 27, 2018, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2017-0095 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 5960 N. Linder Road, in the northwest ¼ of Section 25, Township 4 North,
Range 1 West. (Parcel #: S0425233700)
B. Owner(s):
Archie Douglas Stewart and Kelle Watkins
5960 N. Linder Rd.
Meridian, ID 83642
C. Applicant:
Trevor Gasser
74 E. 500 S. #200
Bountiful, UT 84010
D. Representative:
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EXHIBIT A
Linder Mixed Use – AZ H-2017-0095 PAGE 3
Trevor Gasser, TMEG Properties, LLC
74 E. 500 S. #200
Bountiful, UT 84010
E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation & zoning. A public hearing is required before
the Planning & Zoning Commission and City Council on these applications, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: December 1, 2017 (Commission); January 19
and February 9, 2018 (City Council)
C. Radius notices mailed to properties within 300 feet on: November 27, 2017
Commission); February 2, 2018 (City Council)
D. Applicant posted notice on site(s) on: December 9, 2017 (Commission);
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of one rural residential property with an
existing home and accessory outbuildings, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Vacant/undeveloped property, zoned RUT in Ada County
2. East: Single-family residential homes in Paramount Subdivision, zoned R-8
3. South: Rural residential property, zoned L-O
4. West: N. Linder Road and single-family residential homes in Lochsa Falls Subdivision,
zoned R-8
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently
exists in S. Linder Road, approximately 575-feet south of the southwest corner of the subject site.
b. Location of water: A water main intended to provide service to the subject site currently exists in
S. Linder Road.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: None
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated Mixed Use – Community (MU-C) on the Future Land Use Map
FLUM) contained in the Comprehensive Plan.
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EXHIBIT A
Linder Mixed Use – AZ H-2017-0095 PAGE 4
The purpose of the MU-C designation is to allocate areas where community-serving uses and
dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,
including residential, and to avoid mainly single-use and strip commercial type buildings. Goods and
services in these areas tend to be of the variety that people will mainly travel by car to, but also walk
or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the
neighborhood are encouraged. Developments are encouraged to be designed according to the
conceptual MU-C plan depicted as Figure 3-3 in the Comprehensive Plan below.
Developments should have a mix of at least 3 land use types [i.e. commercial (includes retail,
restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues,
etc.), and industrial]; residential uses should comprise a minimum of 20% of the development area at
densities ranging from 6 to 15 units/acre; non-residential buildings should be proportional to and
blend in with adjacent residential buildings; vertically integrated structures are encouraged;
supportive and proportional public and/or quasi-public spaces and places including but not
limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that
comprise a minimum of 5% of the development area are required.
In reviewing development applications, the following items will be considered in all Mixed Use
areas: (Staff’s analysis in italics)
Residential densities should be a minimum of six dwellings/acre. No residential uses are
proposed.
Where feasible, higher density and/or multi-family residential development will be encouraged,
especially for projects with the potential to serve as employment destination centers and when the
project is adjacent to US 20/26, SH-55, SH-16 or SH-69. No residential uses are proposed to
develop on this site. At the previous hearing, the Commission directed the applicant to remove the
multi-family residential component of the project.
A conceptual site plan for the entire mixed-use area should be included in the application. A
concept site plan for the site is proposed (see Exhibit A.2).
In developments where multiple commercial and/or office buildings are proposed (not
residential), the buildings should be arranged to create some form of common, usable area, such
as a plaza or green space. The concept plan for the commercial area at the rear of the site
includes an outdoor plaza area between the two buildings.
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EXHIBIT A
Linder Mixed Use – AZ H-2017-0095 PAGE 5
The site plan should depict a transitional use and/or landscaped buffering between commercial
and existing low- or medium-density residential development. The concept plan depicts a 25-foot
wide landscape buffer along the east boundary of the site adjacent to medium density residential
uses.
A mixed-use project should include at least three types of land uses. Exceptions may be granted
for smaller sites on a case-by-case basis. The proposed development consists of commercial retail
and indoor arts/entertainment facility uses; because the site is fairly small, staff is not
recommending a third land use type is provided. Because this property is part of a larger mixed-
use area, additional land use types should be provided on other properties within the overall
designation. Office uses exist to the south.
Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic
buildings, or public safety facilities are expected in larger mixed-use developments. Because this
is a smaller mixed-use development, staff does not recommend these types of facilities are
required on this site. A school exists within a ¼ mile to the south of this site; a church exists on
the adjacent property to the south(east); and a daycare is anticipated to be constructed on the
property to the south(west).
Supportive and proportional public and/or quasi-public spaces and places including but not
limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected;
outdoor seating areas at restaurants do not count. The concept plan depicts an outdoor plaza area
between the two buildings on the east end of the development.
All mixed-use projects should be directly accessible to neighborhoods within the section by both
vehicles and pedestrians. There are no pedestrian or vehicular connections to this site from the
adjacent Paramount Subdivision development; vehicular connections are proposed to the north
and south with this application.
Street sections consistent with the Ada County Highway District Master Street Map are required
within the Unified Development Code. No public streets are proposed within this development.
Because of the existing small lots within Old Town, development is not subject to the Mixed-
Use standards listed herein. The proposed development is not within Old Town.
In reviewing development applications, the following items will be considered in MU-C areas:
Development should comply with the general guidelines for development in all Mixed-Use
areas. See above.
All developments should have a mix of at least three land use types. The applicant is only
proposing two types of land uses; staff is not recommending a third is provided due to the smaller
size of this site and the adjacent office uses to the south which provide a third land use type is
nearby.
Residential uses should comprise a minimum of 20% of the development area at densities
ranging from 6 to 15 units/acre. Residential uses are not proposed with this development; at the
Commission’s request, the applicant removed the previously proposed multi-family residential
uses.
Non-residential buildings should be proportional to and blend in with adjacent residential
buildings. Conceptual elevations were submitted for the commercial buildings; final elevations
should be consistent with this requirement.
Vertically integrated structures are encouraged. No vertically integrated structures are
proposed.
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EXHIBIT A
Linder Mixed Use – AZ H-2017-0095 PAGE 6
Unless a structure contains a mix of both residential and office, or residential and commercial
land uses, maximum building size should be limited to a 30,000 square-foot building footprint.
For community grocery stores, the maximum building size should be limited to a 60,000-square
foot building footprint. For the development of public school sites, the maximum building size
does not apply. The proposed building footprints of the buildings at the back of the site are below
10,000 square feet; building footprints are not shown on the pads fronting on Linder Road but
they should be limited to 30,000 square feet as required.
Supportive and proportional public and/or quasi-public spaces and places including but
not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that
comprise a minimum of 5% of the development area are required. Outdoor seating areas at
restaurants do not count towards this requirement. The concept plan depicts an outdoor
plaza area for the buildings at the rear of the site; the buildings at the front of the site should
also share a public/quasi-public space for the area (i.e. 5%) required.
Where the development proposes public and quasi-public uses to support the development
above the minimum 5%, the developer may be eligible for additional residential densities and/or
an increase to the maximum building footprint.
The applicant proposes to develop the front portion of the site along N. Linder Road with commercial
retail uses and the rear portion with an indoor arts/entertainment use.
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):
Reduce the number of existing access points onto arterial streets by using methods such as
cross-access agreements, access management, and frontage/backage roads.” (3.03.02N)
A cross-access easement will be required to be provided to adjacent properties to the north
and south to reduce access points on Linder Road.
Locate small-scale neighborhood commercial areas within planned residential developments
as part of the development plan.” (3.05.01E)
The concept plan proposes small-scale commercial retail uses adjacent to N. Linder Road
and 7,000 and 10,000 square foot buildings at the rear of the site for an indoor
arts/entertainment use.
Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
Single-family homes in Paramount Subdivision exist to the east of this site; a 25’ wide
landscape buffer is proposed to assist in buffering the residences from the proposed
commercial uses.
Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C)
The City’s multi-use pathway system, a segment of which is proposed along the frontage of
this site on N. Linder Road, will eventually connect Meridian with adjacent cities.
Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets.” (2.01.04B)
Landscaping is required to be provided in accord with UDC standards with development of
the site.
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)
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EXHIBIT A
Linder Mixed Use – AZ H-2017-0095 PAGE 7
Staff recommends a walkway is provided along one side of the north/south driveway
separating the retail from the arts, entertainment use to enable pedestrian access within the
development.
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)
This property is contiguous to land that has already been annexed into the City. Urban
services can be provided to this property upon development.
Require landscape street buffers for new development along all entryway corridors.”
2.01.02E)
A 35-foot wide landscaped street buffer is required along N. Linder Road, an entryway
corridor, with development of the site.
Consider the adopted COMPASS regional long-range transportation plan in all land-use
decisions.” (3.03.02G)
See the COMPASS development review letter in the project file.
Cluster new community commercial areas on arterials or collectors near residential areas in
such a way as to complement adjoining residential areas.”
The retail stores are proposed adjacent to N. Linder Road, an arterial street, and an indoor
arts/entertainment use is proposed adjacent to the residential neighborhood to the east.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zoning Districts: Commercial: The purpose of the commercial districts is to
provide for the retail and service needs of the community in accord with the Meridian
Comprehensive Plan. Six 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 (UDC 11 -2B-1). Allowed uses in the
C-C district consist of a larger scale and broader mix of retail, office, and service uses and
typically have access to arterial streets or non-residential collector streets.
B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional
C), and prohibited (-) uses in the proposed C-C zoning district. Retail stores and indoor
arts/entertainment uses are listed as principle permitted uses in the C-C zoning district. Indoor
arts/entertainment uses are subject to the specific use standards listed in UDC 11-4-3-2.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2B-3 for the C-C zoning district.
D. Landscaping: Landscaping is required within street buffers, parking areas, and buffers to adjoining
residential uses in accordance with the standards listed in UDC 11-3B-7C, 11-3B-8C, and 11-3B-
9C respectively. Street buffers and buffers to residential uses are required as set forth in UDC
Table 11-2B-3.
E. Open Space & Site Amenities: NA
F. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non-
residential uses.
G. Structure and Site Design Standards: The proposed commercial structures must comply with the
design standards listed in UDC 11-3A-19 and the Architectural Standards Manual.
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EXHIBIT A
Linder Mixed Use – AZ H-2017-0095 PAGE 8
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
The applicant proposes to annex & zone 5 acres of land with a C-C zoning district consistent with
the FLUM designation of MU-C for this site.
The applicant has submitted a conceptual development plan, included in Exhibit A.2, which
depicts (2) pad sites that are a little less than an acre each fronting N. Linder Road; a north/south
driveway and a 7,000 and a 10,000 square foot building with an outdoor plaza area between the
two with associated parking.
Direct access via N. Linder Road is not proposed. However, if in the future when this site
develops, if access isn’t available via a north/south backage road paralleling Linder Road, an
access via Linder may be needed. In this case, staff recommends it be a temporary access until
such time as access is available from the properties to the north and south; at that time, the access
would be removed. A cross-access/ingress-egress easement is required to be provided to the
properties to the north and south for access to the site and interconnectivity between properties.
There are no pedestrian walkways depicted on the concept plan along the north/south backage
road that separates the commercial retail uses from the arts/entertainment uses. Staff recommends
a walkway is provided on one side of the driveway for safe pedestrian access and connectivity.
The applicant has a potential tenant that would like to develop a dance studio and event center for
dance recitals and performances on the rear 3+/- acre portion of the site. The applicant also plans
to develop the two adjacent properties to the south that front on Linder Road with a childcare
facility.
Conceptual building elevations were submitted for the commercial structures fronting on Linder
Road that depict 1-story buildings with stucco, horizontal siding, and brick/stone veneer accents.
Conceptual elevations were also submitted for the event center, which is planned to be at least 2
stories in height, depicting CMU as the primary building material. All structures are required to
comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards
Manual.
The legal description submitted with the subject application is included in Exhibit C and shows
the boundary of the property proposed to be annexed and zoned. The property proposed to be
annexed 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 and
zoning pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as
proposed and recommended by staff with this application, staff recommends a DA is
required as a provision of the proposed annexation and zoning application with the
provisions included in Exhibit B.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Conceptual Development Plan (dated: 12/7/2017)
3. Proposed Conceptual Building Elevation Photos
B. Agency & Department Comments
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EXHIBIT A
Linder Mixed Use – AZ H-2017-0095 PAGE 9
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
D. Required Findings from Unified Development Code
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Exhibit A.1: Zoning/Aerial Map
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EXHIBIT A
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Exhibit A.2: Proposed Site Plan (dated: 12/7/2017)
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EXHIBIT A
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Exhibit A.3: Proposed Conceptual Building Elevation Photos
Commercial Buildings Fronting on Linder Road
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EXHIBIT A
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Event Center
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EXHIBIT A
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EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation 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. The DA shall,
at minimum, incorporate the following provisions:
a. Future development of the subject property shall be generally consistent with the conceptual
site plan, building elevations and provisions contained herein.
b. Provide supportive and proportional public and/or quasi-public spaces and places including
but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools
that comprise a minimum of 5% of the development area within the site development area.
c. Non-residential buildings should be proportional to and blend in with adjacent residential
buildings.
d. The existing homes and associated outbuildings shall be removed from the site prior to
issuance of any building permits.
e. If access isn’t available to this site at the time of development, a temporary access will be
allowed via N. Linder Road with approval from the Ada County Highway District. At such
time as access from the north and/or south is available, the temporary access shall be removed
and the use discontinued.
f. The developer shall grant a cross-access/ingress-egress easement to the properties to the north
parcel #S0425223010) and south (parcel #S0425233810) in accord with UDC 11-3A-3 and
the Comprehensive Plan (action item #3.03.02N). A recorded copy of the easement
agreement shall be submitted to the Planning Division with the first Certificate of Zoning
Compliance application for the development.
g. Future development shall comply with the structure and design standards listed in UDC 11 -
3A-19 and in the Architectural Standards Manual (ASM).
h. A 10-foot wide segment of the City’s multi-use pathway is required along N. Linder Road in
accord with the Pathways Master Plan. Landscaping shall be installed in accord with the
standards listed in UDC 11-3B-12C on either side of the pathway.
i. Provide a pedestrian pathway connection to the church property at the south boundary of the
site.
j. Provide a walkway along one side of the north/south backage driveway for safe pedestrian
access and connectivity.
k. Prior to removing any of the existing trees from the site, the developer/owner shall contact
the City Arborist to determine mitigation requirements for any healthy trees 4” caliper and
greater that are removed from the site in accord with UDC 11-3B-10C.5.
l. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and
Design Review application from the Planning Division, prior to submittal of any building
permit applications.
m. Prior to the application for any development on the subject site, sanitary sewer and water
serviceability will need to be reviewed. This is due to the potential timing of development of
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EXHIBIT A
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adjacent properties and the ability or inability to create loops in the water system and to
determine the routing of sanitary sewer.
n. Provide a pedestrian walkway from the sidewalk along the north/south backage driveway to
the entrance of the building proposed on the east side of the site (i.e. the dance studio/event
center).
2. PUBLIC WORKS DEPARTMENT
2.1 The Public Works Department has no comments on this application at this time.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comments at this time.
5. REPUBLIC SERVICES
5.1 Coordinate with Bob Olson, Republic Services (208-345-1265 office, or 208-371-1745 cell;
email: ROlson@republicservices.com ) on the location and design of the trash enclosure(s) that
includes recycling prior to submittal of the Certificate of Zoning Compliance application.
6. PARKS DEPARTMENT
6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-
10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact
Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site
to determine mitigation requirements.
6.2 Construct a 10-foot wide detached multi-use pathway along the frontage of this site on N. Linder
Road in accord with the Pathways Master Plan (Eagle Island pathway).
6.3 Submit a 14-foot wide easement for the multi-use pathway along Linder Road; coordinate the
details of the easement with Kim Warren, Pathways Project Manager, 208-888-3579.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
This application is for annexation and rezone only. Listed below are some of the site specific conditions of
approval that the District may identify when it reviews a future development application. The District may
add additional site specific conditions of approval when it reviews a specific redevelopment application.
7.1.1 Dedicate additional right-of-way to total 48-feet from the centerline of Linder Road abutting the site.
7.1.2 Provide a road trust deposit in the amount of $16,750.00 to pay for 5-foot wide detached concrete sidewalk
to be constructed abutting the site, as part of ACHD’s Linder Road widening project.
7.1.3 Construct one temporary full access driveway onto Linder Road located at the site’s south property line.
The driveway is restricted to a maximum width of 36-feet. Construct the driveway as a curb return type
driveway with 30-foot radii. Pave the driveway, it’s full width at least 30-feet into the site beyond the edge
of Linder Road. The driveway may be restricted in the future as traffic conditions warrant; as determined by
ACHD.
7.1.4 Payment of impact fees is due prior to issuance of a building permit.
7.1.5 Comply with all Standard Conditions of Approval.
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EXHIBIT A
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7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way
including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD
right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act
ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to
District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file number)
for details.
7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping
proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the
developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The applicant
at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required
to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD
right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the
District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all applicable ACHD Standards unless
specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of
ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed
by the applicant or the applicant’s authorized representative and an authorized representative of ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and
may require additional improvements to the transportation system at that time. Any change in the planned
use of the property which is the subject of this application, shall require the applicant to comply with
ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the
requirements or other legal relief is granted by the ACHD Commission.
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EXHIBIT A
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Exhibit C: Legal Description & Exhibit Map for Annexation and Zoning Boundary
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EXHIBIT A
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EXHIBIT A
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D. Required Findings from Unified Development Code
1. ANNEXATION & ZONING/REZONE (UDC 11-5B-3E)
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive Plan;
The City Council finds that the proposed map amendment to the C-C zoning district and
proposed use is consistent with the Comprehensive Plan FLUM designation of MU-C for this
site. (See section VII above for more information.)
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the C-C zoning district is
consistent with the purpose statement of the commercial district as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City 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.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City 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).
The City Council finds the proposed annexation and zoning of this property is in the best
interest of the City if the applicant develops the site in accord with the provisions listed in
Exhibit B.
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