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Seyam East H-2018-0055 FPADA COUNTY RECORDER Christopher D. Rich 2018-052342 BOISE IDAHO Pgs=44 BONNIE OBERBILLIG 06/07/2018 09:30 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1- City of Meridian 2. Volante, LLLP, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of oU nem aUN,-2O7-, 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 Volante, LLLP, whose address is 3084 E. Lanark Street, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. I, 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 'W', which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property, and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 13 MIEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1A WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 22.98 acres of land with an I -L (Light 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/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council., as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation and preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of DEVELOPMENT AGREEMENT—SEYAM EAST (H-2017-0159) PAGE 1 OF 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 5 , 2 0 1 8 – P a g e 5 6 0 o f 8 6 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 5 , 2 0 1 8 – P a g e 5 6 1 o f 8 6 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 5 , 2 0 1 8 – P a g e 5 6 2 o f 8 6 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 5 , 2 0 1 8 – P a g e 5 6 3 o f 8 6 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 5 , 2 0 1 8 – P a g e 5 6 4 o f 8 6 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 5 , 2 0 1 8 – P a g e 5 6 5 o f 8 6 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Volante Investments, LLLP 010, 4<d d / — STATE OF IDAHO ss: County of Ada, ) On this day of , 2018, before me, the undersigned, a Notary Public in an for said State, �a peared � AI RhJr, known or identified to me to be the UAQ t l of fgic7 nts, LLLP, and acknowledged to me that he executed the same on behalf of said Corporation. ,REOF, I have hereunto set my hand and affixed my official seal the day and year in this ota Public for Ida cding at:(, My Commission Expires: y/_a7 Dom ss County of Ada r ) On this day of 1.1 , 2018, before me, a Notary 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 certificate first above written. All (SEAL) ���`G v•''� Notary Public for Idaho WA Residing at: � j4 Af'Y `� Commission expires: o� D4�,pPy0� NT AGREEMFt�11; "SPAM EAST (H-2017-0159) PAGE 8 OF 8 •��. SCi'►••• EXHIBIT A Seyam East – H-2017-0159 Meridian City Council Meeting Agenda June 5, 2018 – Page 567 of 868 EXHIBIT A Seyam East – H-2017-0159 Meridian City Council Meeting Agenda June 5, 2018 – Page 568 of 868 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0159 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for an Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 14.82 Acres of Lan from the Mixed Use – Regional (MU-R) to the Industrial designation; Annexation and Zoning of 18.33 Acres of Land with an I-L Zoning District; and Preliminary Plat Consisting of (10) Building Lots on 22.98 Acres of Land in the I-L Zoning District, by Volante Investments, LLLP. Case No(s). H-2017-0159 For the City Council Hearing Date of: March 6, 2018 (Findings on March 20, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 6, 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 20, 2018 – Page 147 of 426 EXHIBIT B Meridian City Council Meeting Agenda June 5, 2018 – Page 569 of 868 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0159 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 6, 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 an amendment to the Comprehensive Plan Future Land Use Map, Annexation & Zoning and Preliminary Plat is hereby approved with the requirement of a Development Agreement per the comments and conditions of approval in the Staff Report for the hearing date of March 6, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). 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 Meridian City Council Meeting Agenda March 20, 2018 – Page 148 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 570 of 868 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0159 - 3 - 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 March 6, 2018 Meridian City Council Meeting Agenda March 20, 2018 – Page 149 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 571 of 868 4'hByactionoftheCityCouncilatitsregularmeetingheldonthe2day ofm Qr 2018. fin COUNCIL PRESIDENT JOE BORTON VOTED i COUNCIL VICE PRESIDENT LUKE CAVENER VOTED I)e I la COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED /wt COUNCIL MEMBER TY PALMER VOTED V COUNCIL MEMBER TREG BERNT VOTED ll4 COUNCIL MEMBER GENESIS MILAM VOTED e/'0 MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor T=X' -dlT=X'-dlWeerd Attest: C.j& Cole City Clerk SG AUG(sT City of IDAHO E IDIAN' SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Chj&0 Dated: City cferk,s Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0159 -4- Meridian City Council Meeting Agenda June 5, 2018 – Page 572 of 868 EXHIBIT A Seyam East – CPAM, AZ, PP H-2017-0159 PAGE 1 STAFF REPORT Hearing Date: March 6, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Seyam East – AZ, CPAM, PP (H-2017-0159) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Volante Investments, LLLP, has submitted an application for the following: Amendment to the Future Land Use Map contained in the Comprehensive Plan to change the land use designation on 14.82 acres of land from the MU-R (Mixed Use Regional) to the Industrial designation; Annexation & zoning of 18.33 acres of land with an I-L zoning district; and, Preliminary plat consisting of 10 building lots on 22.98 acres of land. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, AZ, and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit E. The Meridian Planning & Zoning Commission heard these items on February 1, 2018. At the public hearing, the Commission moved to recommend approval of the subject CPAM and AZ requests. a. Summary of Commission Public Hearing: i. In favor: Brad Miller, Volante Investments/Van Auker Co. ii. In opposition: None iii. Commenting: None iv. Written testimony: Brad Miller 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 Commission: i. The applicant’s request for the existing residences to remain on the site until such time as the property redevelops due to hardship for the existing residents; ii. Access for the existing homes via E. Franklin Rd. if they’re allowed to remain on the site until redevelopment occurs. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on March 6, 2018. At the public hearing, the Council approved the subject CPAM, AZ and PP requests. a. Summary of City Council Public Hearing: Meridian City Council Meeting Agenda March 20, 2018 – Page 151 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 573 of 868 EXHIBIT A Seyam East – CPAM, AZ, PP H-2017-0159 PAGE 2 i. In favor: Brad Miller, Volante Investments/Van Auker Co. ii. In opposition: None iii. Commenting: None iv. Written testimony: Brad Miller, Volante Investments/Van Auker Co. 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. The applicant’s request for the existing residences to remain on the site until such time as the final plat is recorded; or, one year to remove the residences and cease the residential use of the property, whichever occurs first. d. Key Council Changes to Commission Recommendation i. Include a provision in the development agreement that requires the residential use of the property to cease upon recordation of the final plat; or, by March 10, 2019, whichever occurs first (see DA provision #5.1j) III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0159, as presented in the staff report for the hearing date of March 6, 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-2017-0159, as presented during the hearing on March 6, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0159 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 on the north side of E. Franklin Road, east of N. Touchmark Way in the south of Section 9, Township 3N., Range 1E. (Parcel Numbers: R7820150030; S1109438451; S1109438587; S1109438785; and S1109438831) B. Owner(s): Volante Investments, LLLP 3084 E. Lanark St. Meridian, ID 83642 C. Applicant: Meridian City Council Meeting Agenda March 20, 2018 – Page 152 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 574 of 868 EXHIBIT A Seyam East – CPAM, AZ, PP H-2017-0159 PAGE 3 Same as Owner D. Representative: Brad Miller, Volante Investments, LLLP E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a comprehensive plan map amendment, annexation and zoning, and a preliminary plat. 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: January 12, 2017 (Commission); February 16, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: January 5, 2017 (Commission); February 9, 2018 (City Council) D. Applicant posted notice on site(s) on: January 19, 2017; (Commission); February 23, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property with two existing homes, zoned R1 and RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Railroad tracks, industrial property, zoned I-L 2. East: Agricultural property, zoned RUT in Ada County 3. South: E. Franklin Rd. and vacant/undeveloped, zoned L-O 4. West: Industrial property (developed & undeveloped), zoned I-L C. History of Previous Actions: The west parcel (#R7820150030, Lot 3, Block 1, Seyam Subdivision) was previously platted as Lot 3, Block 1, Seyam Subdivision (PP-06-055, FP-09- 008). An amendment to the Future Land Use Map in the Comprehensive Plan and rezone was approved in 2009 to change the land use designation from Commercial to Industrial and the zoning from C-G to I-L on the frontage of this lot along E. Franklin Rd. (CPA-09-007; RZ-09- 005). A Development Agreement (Inst. #2014-068084) was recorded in 2014 as a provision of the rezone. There are no previous actions in the City on the parcels located in Ada County. D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in E. Lanark Street. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Lanark Street, and in E. Franklin Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Evans Drain runs along the north boundary of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. Meridian City Council Meeting Agenda March 20, 2018 – Page 153 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 575 of 868 EXHIBIT A Seyam East – CPAM, AZ, PP H-2017-0159 PAGE 4 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE DESIGNATION(S) (CURRENT): The west parcel (#R7820150030) (8.18 acres) is designated as Industrial and the remainder of the site (14.82 acres) is designated Mixed Use – Regional (MU-R) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The Industrial 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 office 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. The MU-R designation provides for a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the developments. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 of the Comprehensive Plan. LAND USE DESIGNATION (PROPOSED): The applicant proposes to amend the FLUM to change the land use designation on the eastern 15+/- acres of the subject property from MU-R to Industrial. The proposed change will extend the existing Industrial designation south of the railroad tracks from N. Touchmark Way/N. Gaudians Ave. to the east and will eliminate approximately half of the overall MU-R designated land in this area. The total area of the MU-R designated areas in this location is 33+/- acres which is a relatively small area to do a quality MU-R project; the requested change would eliminate approximately half of this area which would leave an even smaller area which would likely not be feasible for the existing land use. The following table represents data for existing MU-R designated properties in the City: class2 description Length (feet) Area (sqft) Area (Acres) MU-RG N.C. 9,151.01 3,455,397.76 79.33 MU-RG 6,778.84 1,879,009.29 43.14 MU-RG 8,621.33 3,214,769.20 73.80 MU-RG 4,808.69 1,424,232.63 32.70 MU-RG 30,300.09 24,246,192.33 556.62 MU-RG 13,012.95 10,020,841.67 230.05 MU-RG 14,980.48 4,417,243.49 101.41 MU-RG 27,807.18 19,673,448.03 451.64 Average Area: 196.08 Based on the data contained in the table, the average overall MU-R designated area in the City is 196 acres. Even if all of the currently designated MU-R area which consists of 33+/- acres develops as such, Staff finds that it would likely not be large enough to accommodate the mix of uses and larger uses that create the regional draw desired in MU-R designated areas. Additionally, the applicant owns Meridian City Council Meeting Agenda March 20, 2018 – Page 154 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 576 of 868 EXHIBIT A Seyam East – CPAM, AZ, PP H-2017-0159 PAGE 5 the parcel at the east boundary of the City’s impact area that is partially in the City of Boise and is pursuing negotiations with the property owners in between to purchase additional land for future industrial development. TRANSPORTATION: The Master Street Map (MSM) designates E. Franklin Road along the south boundary of the site as a commercial arterial street. There are no planned or funded improvements for this road which is currently a 5-lane street with a center turn lane. Per ACHD, the proposed Industrial use of the property would generate much less traffic and fewer daily trips than a mixed use regional type development. Although Franklin Road could handle the additional traffic per the current level of service, the current level of service for the Eagle/Franklin intersection is failing and there are no plans to widen the intersection. Therefore, Staff believes a lesser intense use of this property may be more appropriate. The site is also within ¼ mile walking distance of an existing bus stop. GOALS, OBJECTIVES, & ACTION ITEMS: 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): Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There are no residential properties that abut this site. 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. Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) There is adequate water supply and water pressure to provide fire protection to this development. Encourage industrial development to locate adjacent to existing industrial uses.” (3.06.01C) The subject property is adjacent to existing industrial designated and zoned property to the west and northwest. Identify and allocate locations/inventory for industrial and commercial business parks.” 4.03.02D) Staff believes the allocation of additional industrial property south of the railroad tracks in this area is in the best interest of the City. Over the last few years, the City has annexed and zoned a higher ratio of residential land than other land uses, including industrial. Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas.” 5.01.01E). The Evans Drain runs along the north boundary of this site and should be improved and protected with development. Consider the adopted COMPASS regional long-range transportation plan in all land-use decisions.” (3.03.02G) COMPASS submitted a letter to the City with the following recommendation: “The location is adjacent to the Union Pacific right-of-way and presents a unique opportunity to provide Meridian City Council Meeting Agenda March 20, 2018 – Page 155 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 577 of 868 EXHIBIT A Seyam East – CPAM, AZ, PP H-2017-0159 PAGE 6 access to a proposed Rails with Trails pathway. Communities in Motion 2040 Goal 7.1 is promote development and transportation projects that protect and provide all of the regional’s population with access to open space, natural resources, and trails.” COMPASS is working with member agencies on a mulit-jurisdictional Rails with Trails plan in the Treasure Valley. Although the plan is not yet completed, best practices call for early coordination of easements, license agreements, and/or property control along the Union Pacific right-of-way to ensure future success of the regional rails with trails efforts. COMPASS is working with a multi-jurisdiction working group to evaluate a Treasure Valley High Capacity Corridor, One possible route for commuter rail or bus rapid transit (BRT) is along the Union Pacific Railroad right-of-way. Additional information about the Treasure Valley High Capacity Corridor can be found at: http://www.compassidaho.org/documents/prodserv/CIM2040/12 TVHighCapacityCorridor.pdf The nearest bus stop is more than one mile away. Communities in Motion 2040 2.0 proposes service along Cloverdale Road from Lake Hazel Road to Chinden Boulevard and additional east/west bus routes.” 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. a. 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 finds that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. A neighborhood meeting was held on October 16, 2017 of which no one attended and no one followed up via phone call with the applicant (see sign-up sheet included in application). b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and should still be available upon development of the site. c. School Facilities and Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. Because no new residential uses are proposed with this application, this element is not applicable. 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 Meridian City Council Meeting Agenda March 20, 2018 – Page 156 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 578 of 868 EXHIBIT A Seyam East – CPAM, AZ, PP H-2017-0159 PAGE 7 the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently identified as appropriate for mixed use at a regional intensity. However, because the site is located adjacent to the railroad corridor and other industrial properties, Staff finds the proposed Industrial designation is appropriate for this site. e. 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 requests for land use changes. f. 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. g. 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. h. Public Services, Facilities, and Utilities City water and sewer service is available to the subject property and will be extended with development by the developer. i. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The proposed development will increase traffic within this area of the City; however, the nearby traffic corridors (i.e. Eagle Road/SH-55, Franklin Rd. and I-84) should provide efficient and safe transportation to and from the development. The proposed industrial use of the property will generate much less traffic than a mixed use regional project. The proposed development is also within walking and biking distance of many services, employment centers, public transit and public parks. j. Recreation Recreation resources within Meridian include 19 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. However, the site is located within a couple of miles of Kleiner Park, a 60-acre regional park (Fairview Ave./Eagle Rd.) and Storey Park, a 16+/- acre city park (Franklin Rd/Main St.) k. Special Areas or Sites 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. l. 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 Meridian City Council Meeting Agenda March 20, 2018 – Page 157 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 579 of 868 EXHIBIT A Seyam East – CPAM, AZ, PP H-2017-0159 PAGE 8 areas not appropriate. This site is designated for industrial (west parcel) and mixed use regional (4 eastern parcels) uses. The existing and proposed Industrial designation and zoning does not allow residential uses. m. 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 developer states that they intend to construct industrial buildings on this site for lease which enables them to ensure their developments are occupied by compatible uses and the buildings are well maintained. n. Agriculture The subject amendment does not impact areas being used for farming activities although a large portion of the property is used as pasture/grazing land. o. 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 & 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. p. National Interest Electric Transmission Corridors This site is not designated for a high-voltage transmission line corridor. q. Public Airport Facilities This site is not designated for a public airport facility. SUMMARY: Because this site is located near Eagle Road/SH-55 and I-84 and along E. Franklin Rd., major transportation corridors in the City, is adjacent to the railroad corridor, and is in close proximity to a bus stop, staff believes the Industrial designation and proposed development is appropriate for this property. Further, Staff feels it would be appropriate for the remaining 3 parcels to the east that are currently designated MU-R to also be changed to Industrial in the future to ensure the north side of Franklin is developed in an orderly and consistent manner. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: 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 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: UDC Table 11-2C-2 lists the principal permitted (P), accessory (A), conditional C), and prohibited (-) uses in the I-L zoning district. Any use not explicitly listed is prohibited. No specific uses are proposed at this time. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2C-3 for the I-L district. D. Landscaping: 1. Landscape buffers are required along streets as set forth in UDC Table 11-2C-3 in accord Meridian City Council Meeting Agenda March 20, 2018 – Page 158 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 580 of 868 EXHIBIT A Seyam East – CPAM, AZ, PP H-2017-0159 PAGE 9 with the standards listed in UDC 11-3B-7C. 2. Landscape buffers to adjoining residential and non-industrial uses are required as set forth in UDC Table 11-2C-3 in accord with the standards listed in UDC 11-3B-9C. 3. Landscaping is required within parking areas in accordance with the standards listed in UDC 11-3B-8C and within common areas in accord with UDC 11-4-3-27F. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6B for industrial districts. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on 14.82 acres of land from Mixed Use - Regional to Industrial. For the reasons stated in Section VII above, Staff is in support of the applicant’s request. Staff further recommends that a map amendment is processed by the City in the future to amend the FLUM designation on the remaining MU-R designated land to the east, consisting of approximately 16 acres. B. ANNEXATION & ZONING (AZ): The applicant proposes to annex & zone 18.33 acres of land with an I-L zoning district consistent with the proposed FLUM amendment to Industrial. The proposed zoning will enable to applicant to build and lease future industrial buildings on this site. The proposed I-L zoning is compatible with existing I-L zoned property and development to the west and existing pasture/grazing land to the east. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. A conceptual development plan was not submitted for this site. However, conceptual building elevation photos were submitted as shown in Exhibit A.5. All structures constructed on the site are required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. Further, because buildings on lots (i.e. Lot 1, Block 1 and Lots 1 and 4, Block 2) that front on E. Franklin Rd. will be highly visible from Franklin Rd., an entryway corridor into the City, staff recommends these buildings comply with the design standards for commercial buildings; this was also a requirement for the adjacent Seyam Subdivision to the west. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Because there is an existing DA for the property to the west (i.e. Seyam Subdivision) under the same ownership, staff recommends that DA is amended to include the subject property. Staff has included recommended modifications to that agreement in Exhibit A.6. C. PRELIMINARY PLAT (PP): Meridian City Council Meeting Agenda March 20, 2018 – Page 159 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 581 of 868 EXHIBIT A Seyam East – CPAM, AZ, PP H-2017-0159 PAGE 10 The applicant proposes to Preliminary plat consisting of 10 building lots on 22.98 acres of land. Existing Structures: There are two existing homes and accessory structures on this site. All structures are required to be removed prior to City Engineer signature on the final plat. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2C-3 for the I-L zoning district. All of the lots comply with the minimum standards. Construction of future buildings on the site should comply with the setback and dimensional standards for the I-L district. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. The UDC (11-3A-3) requires access to be taken from a local street when available. The proposed plat depicts the extension of E. Lanark Street, an industrial collector, from the west boundary through the site to the east boundary; and a new local street (i.e. Parkdale Avenue) via E. Franklin Rd. All of the proposed lots should take access via the internal local streets; direct access via E. Franklin Rd. is prohibited. Landscaping: Street buffer landscaping is required to be provided along streets as set forth in UDC Table 11-2C-3 per the standards listed in UDC 11-3B-7C. A 35-foot wide street buffer is required along E. Franklin Road, an arterial street and entryway corridor; a 20-foot wide buffer is required along E. Lanark Street, a collector street; and a 10-foot wide buffer is required along N. Parkdale Avenue, a local street, in accord with the standards listed in UDC 11-3B-7C. These buffers are required to be in a common lot or on a permanent dedicated buffer maintained by the property owner or business owners’ association per UDC 11-3B-7C.2b. Open Space & Site Amenities: The UDC does not require open space and site amenities for industrial developments. Pathways: No multi-use pathways are designated on the Pathways Master Plan for this site; there is a pathway designated along the north side of the railroad tracks (Rails with Trails pathway) but it’s not on this site. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Detached sidewalks are required along arterial and collector streets, with attached sidewalks allowed along local streets. There is an existing sidewalk along E. Franklin Rd. that was recently constructed; staff is not recommending the sidewalk be torn out and reconstructed as a detached sidewalk. Five-foot wide detached sidewalks are proposed along internal local streets within the development. Waterways: The Evans Drain runs along the north boundary of this site. As a natural waterway, it’s required to be left open and not be piped and should be improved and protected. All other open ditches on the site should be piped as set forth in UDC 11-3A-6. Fencing: All fencing should comply with the standards listed in UDC 11-3A-7. No fencing is depicted on the landscape plan. Utilities: Street lights are required to be installed along public streets adjacent to the development in accord with the City’s adopted standards, specifications and ordinances. 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. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa Meridian Irrigation district. Meridian City Council Meeting Agenda March 20, 2018 – Page 160 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 582 of 868 EXHIBIT A Seyam East – CPAM, AZ, PP H-2017-0159 PAGE 11 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 In summary, Staff recommends approval of the proposed CPAM, AZ and PP applications with the conditions included in Exhibit B and a modification to the existing development agreement for Seyam Subdivision that includes the provisions listed in Exhibit A. 6 and Exhibit B of this report in accord with the findings contained in Exhibit E. X. EXHIBITS A. Drawings/Other 1. Zoning/Aerial Map 2. Existing & Proposed FLUM 3. Proposed Preliminary Plat (dated: 10/31/2016) 4. Proposed Landscape Plan (dated: 11/17/2017) 5. Proposed Building Elevations & Floor Plans 6. Development Agreement Modification as Recommended by Staff B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Conceptual Building Elevation Photos E. Required Findings from Unified Development Code Meridian City Council Meeting Agenda March 20, 2018 – Page 161 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 583 of 868 EXHIBIT A Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning/Aerial Map Plat area: FLUM Amendment & Annexation area: Meridian City Council Meeting Agenda March 20, 2018 – Page 162 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 584 of 868 EXHIBIT A 2 - Exhibit A.2: Existing and Proposed Future Land Use Map Meridian City Council Meeting Agenda March 20, 2018 – Page 163 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 585 of 868 EXHIBIT A 3 - Exhibit A.3: Proposed Preliminary Plat (dated: 10/31/2016) Meridian City Council Meeting Agenda March 20, 2018 – Page 164 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 586 of 868 EXHIBIT A 4 - Exhibit A.4: Proposed Landscape Plan (dated: 11/17/17) Meridian City Council Meeting Agenda March 20, 2018 – Page 165 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 587 of 868 EXHIBIT A 5 - Meridian City Council Meeting Agenda March 20, 2018 – Page 166 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 588 of 868 EXHIBIT A 6 - Meridian City Council Meeting Agenda March 20, 2018 – Page 167 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 589 of 868 EXHIBIT A 7 - Exhibit A.6: Development Agreement Modification as Recommended by Staff Development Agreement (Inst. #2014-068084 – RZ-09-005) 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: h. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. i. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208)375-5211. j. The existing residential use of the property shall cease upon recordation of the final plat; or, by March 10, 2019, whichever occurs first. a. Comply with all provisions of 11-3A-3 with regard to access to streets. b. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Design Review from the Planning Department, prior to submittal of a building permit application for any and all structures on this site. c. The facades of structures and portions of the site directly adjacent to Franklin Road & the future extension of Touchmark Way shall develop in accord with the guidelines contained in the City’s Design Manual for commercial developments, rather than industrial developments, because of their location adjacent to an entryway corridor (Franklin Road). These properties are depicted on the approved final plat as Lots 2 and 3, Block 1, Seyam Subdivision and Lot 1, Block 1 and Lots 1 and 4, Block 2, Seyam East Subdivision.) The facades and portions of the site not directly adjacent to Touchmark or Franklin may develop in accord with the guidelines contained in the Design Manual for industrial developments. d. No outdoor storage of materials, equipment, inventory, and/or supplies, or loading docks shall be located between the facades of the structures adjacent to Franklin Road & the future extension of Touchmark Way. All permitted outdoor storage areas shall comply with the standards listed in UDC 11-3A-14. e. The property owner shall sign the development agreement and return such to the City within one year of the Council granting this rezone request as set forth in UDC 11-5B-3D2. f. Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. g. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. Meridian City Council Meeting Agenda March 20, 2018 – Page 168 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 590 of 868 EXHIBIT A 8 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 An amendment to the Development Agreement (DA) for Seyam Subdivision (Instrument No. 2014- 068084) is required as a provision of annexation of this property. Prior to annexation ordinance approval, an amended DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The amended DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation and shall incorporate the amended provision in Exhibit A.6. 1.1.2 The preliminary plat included in Exhibit A.3, dated 10/31/16, shall be revised as follows: a. Depict a 35-foot wide street buffer along E. Franklin Road, an arterial street and entryway corridor; and a 10-foot wide buffer along internal local streets (i.e. E. Lanark Street and N. Parkdale Avenue) in a common lot or on a permanent dedicated buffer maintained by the property owner or business owners’ association per UDC 11-3B-7C.2b. b. Note #2: Streets are public; revise note accordingly. c. Note #10: All irrigation ditches that cross the site except for the Evans Drain are required to be piped per UDC 11-3A-6; revise note accordingly. d. Note #16: All existing septic systems are also required to be abandoned; revise note accordingly. 1.1.3 The landscape plan included in Exhibit A.4, dated 11/17/17, shall be revised as follows: a. Include mitigation information on the plan for existing healthy trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost in accord with UDC 11-3B- 10C. Coordinate with Elroy Huff, City Arborist, at 208-371-1755 or ehuff@meridiancity.org . 1.1.4 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B- 8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. Meridian City Council Meeting Agenda March 20, 2018 – Page 169 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 591 of 868 EXHIBIT A 9 - 1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Standards Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11- 3A-6B as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 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 application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and Meridian City Council Meeting Agenda March 20, 2018 – Page 170 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 592 of 868 EXHIBIT A 10 - distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at 208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375- 5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 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. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 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. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom Meridian City Council Meeting Agenda March 20, 2018 – Page 171 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 593 of 868 EXHIBIT A 11 - elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 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. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 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 sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.3 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. Meridian City Council Meeting Agenda March 20, 2018 – Page 172 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 594 of 868 EXHIBIT A 12 - 4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application at this time. 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. 7. ADA COUNTY HIGHWAY DISTRICT A report has not yet been received by ACHD. The applicant shall comply with all ACHD requirements for the proposed development. Meridian City Council Meeting Agenda March 20, 2018 – Page 173 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 595 of 868 EXHIBIT A 13 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda March 20, 2018 – Page 174 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 596 of 868 EXHIBIT A 14 - Meridian City Council Meeting Agenda March 20, 2018 – Page 175 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 597 of 868 EXHIBIT A 15 - D. Conceptual Building Elevation Photos Meridian City Council Meeting Agenda March 20, 2018 – Page 176 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 598 of 868 EXHIBIT A 16 - Meridian City Council Meeting Agenda March 20, 2018 – Page 177 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 599 of 868 EXHIBIT A 17 - E. 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. The Commission finds that the proposed map amendment from Mixed Use – Regional to Industrial is consistent with other elements of the Comprehensive Plan as noted in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds that the proposal to modify the Future Land Use Map to allow for industrial uses will be compatible with existing abutting industrial uses. Further, the Commission recommends an amendment to FLUM is processed in the future to also amend the land use designation on the 16+/- acres to the east to Industrial. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The Commission 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. The Commission 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. The Commission finds the proposed amendment will be compatible with adjacent existing industrial uses to the west and the adjacent pasture/grazing land to the east. f. The proposed amendment will not burden existing and planned service capabilities. The Commission 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. The Commission finds the proposed industrial development of this property is consistent with the proposed map amendment and 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, VIII, and IX and the subject findings above, The Commission finds that the proposed amendment is in the best interest of the City. 2. ANNEXATION & ZONING FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: Meridian City Council Meeting Agenda March 20, 2018 – Page 178 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 600 of 868 EXHIBIT A 18 - a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds that the proposed map amendment to I-L is consistent with the proposed Industrial FLUM designation for this site and should be compatible with existing and future uses in the area. Therefore, the Commission finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (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 Commission finds that the proposed map amendment to the I-L zoning district is consistent with the purpose statement of the industrial district as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission 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. The Commission recommends that the Council consider 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, The Commission 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 Commission finds the proposed annexation of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B. 3. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision- making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, The Commission finds that the subdivision will not require the expenditure of capital improvement funds. Meridian City Council Meeting Agenda March 20, 2018 – Page 179 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 601 of 868 EXHIBIT A 19 - d. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. f. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that may exist on this site that need to be preserved. Meridian City Council Meeting Agenda March 20, 2018 – Page 180 of 426Meridian City Council Meeting Agenda June 5, 2018 – Page 602 of 868