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Belveal Subdivision H-2018-0076CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0076 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of 1.49 Acres of Land from the L-O to the C-C Zoning District; Modification to the Development Agreement to Update the Uses Allowed on the Property from those Allowed in the L-O District to those Allowed in the C-C District; and a Short Plat Consisting of Two (2) Building Lots on 1.33 Acres of Land in the Proposed C-C Zoning District, by TTS Development, LLC. Case No(s). H-2018-0076 For the City Council Hearing Date of: September 25, 2018 (Findings on October 9, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 25, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 25, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 25, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 25, 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 October 9, 2018 – Page 158 of 454 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0076 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 25, 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 rezone, development agreement modification and short plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 25, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Plat Duration Please take notice that approval of a 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 short plat (UDC 11-6B-7A). 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 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 Meridian City Council Meeting Agenda October 9, 2018 – Page 159 of 454 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0076 - 3 - 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 September 25, 2018 Meridian City Council Meeting Agenda October 9, 2018 – Page 160 of 454 By action of the City Council at its regular meeting held on the 2018. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Attest: C.Ja3kColes City Clerk l� "I 411 day of 3 CAObee- , Mayor Tam d eerd Ie0 AUGVsr �Q0 '9 O �(P Z 01N, IDAHO W SEAL tir�R of the TR�P�J VOTED VOTED Ye6 VOTED /rCt VOTED VOTED VOTED Y6Gi VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Z W Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &ORDER FILE NO(S). H-2018-0076 ZekveQ' - 4 - Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 1 STAFF REPORT Hearing Date: September 25, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Belveal Subdivision – RZ, SHP, MDA (H-2018-0076) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, TTS Development, LLC, has submitted an application for a rezone (RZ) of 1.49 acres of land from the L-O to the C-C zoning district; a modification to the existing development agreement (MDA) to update the uses allowed on the property from those allowed in the L-O district to those allowed in the C-C district; and a short plat (SHP) consisting of 2 building lots on 1.33 acres of land in the proposed C-C zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ, SHP and MDA applications in accord with the provisions in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on August 16, 2018. At the public hearing, the Commission moved to recommend approval of the subject RZ request. a. Summary of Commission Public Hearing: i. In favor: Kent Brown, Applicant’s Representative; Brent Belveal ii. In opposition: None iii. Commenting: Robert Smith iv. Written testimony: Kent Brown v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Applicant proposed to provide a 6-foot tall dog eared cedar or vinyl fence along north property boundary. c. Key Issues of Discussion by Commission: i. None 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 September 25, 2018. At the public hearing, the Council approved the subject RZ, SHP and MDA requests. a. Summary of City Council Public Hearing: i. In favor: Kent Brown, Applicant’s Representative ii. In opposition: None iii. Commenting: None EXHIBIT A Meridian City Council Meeting Agenda October 9, 2018 – Page 162 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 2 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. None 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-2018- 0076, as presented in the staff report for the hearing date of September 25, 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-2018-0076, as presented during the hearing on September 25, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0076 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 385 S. Locust Grove Road, in the NE ¼ of Section 18, Township 3 North, Range 1 East (Parcel No.: S1118110161) B. Owners: TTS Developments, LLC 745 N. Ralstin St. Meridian, ID 83642 C. Applicant: Same as owner D. Representative: Kent Brown, Kent Brown Planning Services 3161 E. Springwood Dr. Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone, short plat and development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on the rezone request and only before the City Council on the short plat and development agreement modification request, consistent with Meridian City Code Title 11, Chapter 5. Meridian City Council Meeting Agenda October 9, 2018 – Page 163 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 3 B. Newspaper notifications published on: July 27, 2018; September 7, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: July 20, 2018 (Commission); August 31, 2018 (City Council) D. Published on Next Door: July 24, 2018 (Commission); September 4, 2018 (City Council) E. Applicant posted notice on site(s) on: August 6, 2018 (Commission); September 6, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: There is a childcare facility on the western portion of the site; the remainder of the site is undeveloped. The property is zoned L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential property, zoned R1 in Ada County 2. East: Single-family residential properties in Bellabrook Subdivision, zoned R-15 3. South: Vacant and developed commercial property, zoned C-G 4. West: Industrial property in Medimont Subdivision, zoned I-L C. History of Previous Actions:  This property was annexed in 1999 with the requirement of a development agreement [Woodbridge AZ-99-020 (parcel B of the annexation area), Resolution #287, DA Inst. #100006603].  A modification to the development agreement as approved in 2009 (MDA-09-002, Inst. #109074711).  A Certificate of Zoning Compliance for a daycare center for up to 28 children per day was approved in 2012 (CZC-12-064).  A Certificate of Zoning Compliance for a 2,500 square foot addition to the existing daycare center and an increase in the number of children cared for during the day to 130 was approved in 2017 (A-2017-0191). D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject parcel, currently exists in S. Locust Grove Road. A new sewer main will need to be extended into the property to provide service to the individual lots. 2. Location of water: A water main intended to provide service to the subject parcel, currently exists in S. Locust Grove Road. A new water main will need to be extended into the property to provide service to the individual lots. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that may exist on this property. 3. Flood Plain: This property does not lie within the flood plain. Meridian City Council Meeting Agenda October 9, 2018 – Page 164 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 4 VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this property as Mixed-Use Community (MU-C). 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. Non- residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood areas, but not as large as in Mixed Use – Regional areas. 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 below (Figure 3-3 in the Comprehensive Plan, pg. 27). Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.).” (3.06.02F) A 25-foot wide street buffer with landscaping is required along S. Locust Grove Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C. There is an existing landscaped street buffer that complies with UDC standards.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) If a residential use still exists adjacent to the north property boundary at the time of lot development and/or redevelopment, a 25-foot wide buffer will be required in accord with UDC Table 11-2B-3, landscaped in accord with the standards listed in UDC 11-3B-9C.  “Restrict curb cuts and access points on collectors and arterial streets.” (3.06.02D) Only one access for this site is approved as shown on the plat; there is no local street access available to this property. Meridian City Council Meeting Agenda October 9, 2018 – Page 165 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 5  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City sewer and water service is available and will be extended by the applicant with development of the property in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone (UDC 11-2B-1): The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-C zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Flex space and office uses are listed as a permitted use in the C-C zoning district. Expansion of the existing daycare use requires CUP approval. 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: NA (Street buffer landscaping already exists on this site in accord with the standards listed in UDC 11-3B-7C.) E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non- residential uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Development Agreement (DA) Modification: A modification to the existing DA to update the uses allowed on the property from those allowed in the L-O district to those allowed in the C- C district consistent with the proposed rezone request. The existing DA provisions are included in Exhibit A.6. Staff recommends new provisions are included in the DA that require future development of the site to substantially comply with the conceptual development plan and building elevations included in Exhibits A.4 and A.5; and the design standards listed in the Architectural Standards Manual. See Section I in Exhibit B for the changes recommended by Staff to the DA. No other changes are proposed or recommended by Staff. 2. Rezone: The applicant has applied for a rezone of 1.49 acres of land from the L-O to the C-C zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MU-C and the policies in the Comprehensive Plan as noted. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The applicant has submitted a conceptual development plan, included in Exhibit A.2, showing how the site is proposed to develop with 2 commercial buildings, associated parking areas and a Meridian City Council Meeting Agenda October 9, 2018 – Page 166 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 6 driveway access via S. Locust Grove Rd. Conceptual elevations were also submitted for the future buildings on the site, included in Exhibit A.5. 3. Short Plat The applicant has submitted a short plat application consisting of 2 building lots on 1.33 acres land in a proposed C-C zoning district (see Exhibit A.3). Existing Structures: There is one existing structure on the western portion of this site that will be retained until redevelopment occurs. The concept plan demonstrates how the site may redevelop upon removal of this structure. Dimensional Standards: Future development on the site is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district. The structures depicted on the concept plan comply with the setback requirements of the district. Access: One driveway access exists to this site via S. Locust Grove Road Drive which is proposed to remain. This driveway will provide access to both of the proposed lots. An easement is depicted on the plat on Lot 2, Block 1 for the driveway and Note #6 describes the easement. No other accesses are proposed or approved with this application. Because local street access is not available, the UDC (11-3A-3A) requires the property owner to grant cross-access/ingress-egress easements to adjoining properties. Therefore, staff recommends a cross-access easement and driveway stubs are provided to the property to the north (parcel #S1118110130) and to the south (parcel #R5901170120). A copy of the recorded easements should be submitted with the short plat for City Engineer signature and a note should be included on the plat referencing the recorded instrument numbers of the easements. Waterways: There are no waterways that cross this site. Utilities: The UDC (11-3A-21) requires all development to connect to the City water and sewer system unless otherwise approved by the City Engineer. Water and sewer services are currently provided to the existing building at the rear of the property. Adequate fire protection shall be required in accord with the appropriate fire district standards. Street lighting is required to be installed with development of this property in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): The UDC (11-3A-15) requires an underground PI system to be provided for this development in accord with UDC 11-3A-15. Landscaping: A 25-foot wide street buffer landscaped in accord with the standards listed in UDC 11-3B-7C exists on the site; no other landscaping is required with the subdivision. Note: If the abutting property to the north is still a residential use at the time of lot development, a 25-foot wide landscape buffer will be required in accord with the standards listed in UDC 11-3B-9C. Sidewalk: Sidewalks are required to be constructed with development in accord with the standards listed in UDC 11-3A-17. Typically, a 5-foot wide detached sidewalk would be required along S. Locust Grove Rd., an arterial street; however, because there is an existing attached sidewalk that is in good condition, the Director is waiving this requirement as allowed by UDC 11-3A-17C. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7C. Meridian City Council Meeting Agenda October 9, 2018 – Page 167 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 7 Certificate of Zoning Compliance (CZC): A CZC is required to be submitted prior to issuance of any building permits on the site to ensure compliance with UDC standards and the conditions noted in Exhibit B. Design Review: All future structures are required to comply with the design standards listed in the Architectural Standards Manual. A design review application is required to be submitted concurrently with the CZC application(s). In summary, Staff recommends approval of the proposed rezone, short plat and development agreement modification requests for this site per the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning and Aerial Map 2. Conceptual Development Plan (dated: March 12, 2018) 3. Short Plat (dated: 2/20/2017) 4. Landscape Plan/Exhibit Map for Lot Layout (dated: 2/20/2017) 5. Conceptual Building Elevations (dated: 12/14/2017) 6. Existing & Proposed Development Agreement Provisions B. Agency & Department Comments C. Legal Description & Exhibit Map for Rezone Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda October 9, 2018 – Page 168 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 7 A. Drawings 1. Vicinity/Zoning & Aerial Map Meridian City Council Meeting Agenda October 9, 2018 – Page 169 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 8 2. Conceptual Development Plan (dated: March 12, 2018) Meridian City Council Meeting Agenda October 9, 2018 – Page 170 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 9 3. Short Plat (dated: 04/11/2018) Meridian City Council Meeting Agenda October 9, 2018 – Page 171 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 10 4. Landscape Plan (dated: 08/23/2017) Meridian City Council Meeting Agenda October 9, 2018 – Page 172 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 11 Meridian City Council Meeting Agenda October 9, 2018 – Page 173 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 12 5. Conceptual Building Elevations (dated: 12/14/2017) Meridian City Council Meeting Agenda October 9, 2018 – Page 174 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 13 6. Existing Development Agreement Provisions Section 4 – USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those in the L -O zoning under City’s Zoning Ordinance codified as Meridian Unified Development Code §11-2B-2. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. Section 6 – CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. 6.1 “Owner” shall develop the “Property” in accordance with the following special conditions: 6.1.1 In accordance with the provisions of Section 4 of this Agreement, which are adopted herein at reference as if set forth at length. 6.1.2 Sanitary sewer and water service shall be extended to and through the property within three years of the approval of this Amendment by City Council or unless development of the Property happens before the 36 month time limit is up. The Owner/Developer shall submit a surety (letter of credit or cash), along with a bid, for 110% of the cost of installation of these improvements prior to issuance of the Certificate of Zoning Compliance. The Owner/Developer shall coordinate routing and placement of lines with the Public Works Department. 6.1.3 The undeveloped portion of the Property shall be mowed and kept free of weeds greater than 8” tall. 6.1.4 A Certificate of Zoning Compliance application shall be submitted to the Planning Department for the establishment of the proposed use. 6.1.5 Landscaping (i.e. street buffers, buffers to residential uses, parking lot landscaping, etc.) shall be installed on the Property in accordance with the standards listed in UDC 11-3B. Landscaping may be installed in phases over a period of three years of the approval of this Amendment by City Council or unless development of the Property happens before the 36 month time limit is up. A landscape plan, in compliance with current UDC standards, shall be submitted for review and approval with the Certificate of Zoning Compliance application. A surety (letter of credit or cash), along with a bid, for 110% of the amount of the cost of the required landscape improvements, shall be submitted to the City prior to issuance of the Certificate of Zoning Compliance. Meridian City Council Meeting Agenda October 9, 2018 – Page 175 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 14 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS & CONDITIONS 1. PLANNING DEPARTMENT 1.1 Development Agreement Modification 1.1.1 The Development Agreement for Woodbridge (AZ-99-020, Inst. #100006603; MDA-09-002, Inst. #109074711) shall be amended as follows: Section 4: 4.1 The uses allowed pursuant to this Agreement are only those in the L-O C-C zoning under City’s Zoning Ordinance codified as Meridian Unified Development Code 11-2B-2. Include new provisions in the agreement, as follows:  “Future development of the site shall substantially comply with the conceptual development plan and building elevations included in Exhibit ___.” [Include the conceptual development plan and building elevations in staff report Exhibits A.4 and A.5 in the development agreement as an exhibit(s)].  Future development shall comply with the design standards listed in the Architectural Standards Manual and structure and site design standards set forth in UDC 11-3A-19. Note: All other provisions remain the same. The amended DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting approval of the modification. 1.2 Site Specific Conditions of Approval – Short Plat 1.2.1 Applicant shall meet all terms of the development agreement for this subdivision. 1.2.2 The final plat prepared by Idaho Survey Group, LLC, stamped on 04/11/2018 by Gregory G. Carter, shall be revised as follows: a. Include a note stating direct lot access via S. Locust Grove Road, other than the access approved with this subdivision, is prohibited as set forth in UDC 11-3A-3. b. The 25-foot wide street buffer required along S. Locust Grove Rd. shall be on a common lot or on a permanent dedicated buffer, maintained by the property owner of business owner’s association as set forth in UDC 11-3B-7C.2a; depict and include a note accordingly. c. Include a call-out for the easement described in Note #7 and graphically depicted on the plat (i.e. see note #7). d. Include the symbol depicted on the plat for the access driveway in the Legend. e. Include a note on the plat referencing the recorded instrument numbers of the cross-access easements required to the properties to the north (parcel #S1118110130) and south (parcel #R5901170120). 1.2.3 The landscape plan prepared by Breckon Land Design, dated 08/23/2017, is approved as submitted. 1.2.4 Submit a copy of the recorded easements granting cross-access to the properties to the north (parcel #S1118110130) and south (parcel #R5901170120) with the plat for City Engineer signature. 1.2.5 All fencing is required to comply with the standards listed in UDC 11-3A-7C. Meridian City Council Meeting Agenda October 9, 2018 – Page 176 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 15 1.2.6 If the City Engineer’s signature has not been obtained on the short plat within two (2) years of the City Council’s approval thereof, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. 1.2.7 Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 1.2.8 Applicant shall be responsible for the extension of sanitary sewer and/or water services to each lot, and abandon any existing services that do not fall within design guidelines. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 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. 1.3.3 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 4. 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 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 Applicant shall be responsible for the extension of sanitary sewer and water mainlines into the site to provide service to the individual lots. Any existing stubs that are not utilized for this project will need to be properly abandoned per Meridian Public Works Department Standards. 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 distances (marked EXHIBIT B) for Meridian City Council Meeting Agenda October 9, 2018 – Page 177 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 16 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 signatur e 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. Meridian City Council Meeting Agenda October 9, 2018 – Page 178 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 17 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 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 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT Project Overview: 1. Level of Service Travel time from nearest fire station (level of service expectation = 5 minutes) This development is 2:00 minutes from the nearest fire station. If approved, the Fire Department can meet the response time requirements. 2. Resource reliability Current reliability of closest fire station (expectation should be 85% or greater) This development is closest to Fire Station #3. Current reliability is 90% from this station and meets the targeted goal of 85% or greater. 3. Resource allocation Risk Factor (1=residential, 2=residential with hazards, 3=commercial, Meridian City Council Meeting Agenda October 9, 2018 – Page 179 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 18 4=commercial with hazards, 5=industrial) This proposed commercial development has a risk factor of 3, in which current resources would be adequate to supply service to this propose project. 4. Resources available Water Supply (list expectations) Water supply for this proposed development requires 2250 gallons per minute for two hours. (Approximate – see appendix B of the 2015 International Fire Code) 5. Accessibility Roadway Access, traffic This project meets all required road widths and turnarounds. There will need to be “NO Parking Fire Lane” signs installed on the driveway. 6. Specialty needs a. Aerial device needed for development? i. If yes, is one available within a 10 minute travel time This proposed development will require an aerial device response in the case of a structure fire. The closest truck company is 2 minutes travel time (in perfect conditions) to the proposed development, and therefore the Fire Department can meet this need in the required timeframe. b. Other specialty needs (water rescue, hazmat, technical rescue)? i. If yes, is one available within a 5 minute travel time? There are no specialty needs on this project. 7. Other Comments There appears to not be any additional parking for visitors. The fire department is concerned that the roadways will become congested with vehicles. 4.1 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department or their designee in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all new construction or Meridian City Council Meeting Agenda October 9, 2018 – Page 180 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 19 additions to existing buildings within 1,000 feet of the project. 4.3 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 ma y require a temporary approved turn around on streets greater than 150' in length with no outlet. Cul- D-Sacs shall be 96’ in diameter minimum and shall be signed “No Parking Fire Lane” per International Fire Code Sections 503.3 & D103.6. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 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. 4.7 Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.8 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1 and Meridian Amendment 104-4-1. 4.9 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.10 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60”) wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 Site Specific Conditions of Approval 6.1.1 Consistent with ACHD’s Minor Improvements Policy, the applicant should be required to correct deficiencies or replace deteriorated facilities on Locust Grove Road abutting the site. Meridian City Council Meeting Agenda October 9, 2018 – Page 181 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 20 6.1.2 Locust Grove Road is classified as a minor arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat. 6.1.3 A Traffic Impact Fee may be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 6.1.4 Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 6.1.5 Comply with the Standard Conditions of Approval as noted below. 6.2 Standard Conditions of Approval 6.2.1 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). 6.2.2 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). 6.2.3 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 6.2.4 In accordance with District policy, 7203.6, 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. 6.2.5 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. 6.2.6 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. 6.2.7 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6.2.8 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. 6.2.9 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. 6.2.10 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. Meridian City Council Meeting Agenda October 9, 2018 – Page 182 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 21 6.2.11 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 6.2.12 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. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 6.2.13 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. Meridian City Council Meeting Agenda October 9, 2018 – Page 183 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 22 C. Legal Description & Exhibit Map for Rezone Boundary Meridian City Council Meeting Agenda October 9, 2018 – Page 184 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 23 Meridian City Council Meeting Agenda October 9, 2018 – Page 185 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 24 D. Required Findings from Unified Development Code 1. Rezone 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: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject 1.49 acre property with a C-C zoning district consistent with the MU-C FLUM designation for this property. The City Council finds that the proposed map amendment and future commercial use of the property complies with the provisions of the Comprehensive Plan and should be compatible with the adjacent residential, commercial and industrial uses (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 for the commercial districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Based on public testimony, the City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety or welfare. 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 rezoning this property to the C-C zoning district is in the best interest of the City. 2. Short Plat Findings: In consideration of a short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as MU-C; the proposed zoning is C-C. The City Council finds the proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the C-C zoning district. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are adequate to serve the site. Meridian City Council Meeting Agenda October 9, 2018 – Page 186 of 454 Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 25 c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvements program; The City Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer’s expense. d. There is public financial capability of supporting services for the proposed development; The City Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. e. The development will not be detrimental to the public health, safety or general welfare; and The City Council recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, staff does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. The City Council finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. f. The development preserves significant natural, scenic or historic features. The City Council is not aware of any significant natural, scenic or historic features associated with the development of this site. Meridian City Council Meeting Agenda October 9, 2018 – Page 187 of 454