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Sodalicious H-2018-0046 AZADA COUNTY RECORDER Christopher D. Rich 2018-079760 BOISE IDAHO Pgs=38 VICTORIA BAILEY 08/22/2018 02:10 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. 10th & Fairview, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_21_!�_ day of NUCIL64- , 2018, by and between City of Meridian, a municipal corporation of the State '6'?Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and 10t" & Fairview, LLC, 435 E. Shore Drive, Ste. 210, Eagle, ID 83616, hereinafter called OVVNER/DEVELOPER. Ll WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and bythis reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA 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 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 0.36 acres of land with an C -G (General Retail and Service Commercial) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvernents will be made; and I 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 DEVELOPMENT AGREEMENT — SODALICIOUS (H-2018-0046) PAGE 1 OF 8 Meridian City Council Meeting Agenda August 21, 2018 – Page 436 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 437 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 438 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 439 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 440 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 441 of 902 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: 10th & Fairview, LLC By: t% 1 CITY OF MERIDIAN OPQORAZEDAJiG TTES Mayor T m de Weerd IDIA Coles, Ci Clerk � IOAIi m� SEAL STATE OF IDAHO ss: County of Ada, ) On this /5 day of v v , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared C , known or identified to me to be the pWvte r of 10th & Fairview, LLC and acknowledged to me that he executed the same on behalf of said Corporation. IN WI certificate first (SEAL) STATE OF ID, County of Ada reunto set my hand and affixed my official seal the day and year in this 4=ry Public for Idaho �/ %� Residing at: f w � �` c / r Nu -y"" My Commission Expires: Z On thissh day of N, , 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, kriow 6r dentified 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. (SEAL) Notary Public or aho •••••••.•• •`Fi 4,�r••• ,� ,, " Residing Qfl;(,(J✓Lytj,aiL(�Q � Commission expires: 3 2,5?'rdOa a . _k" QssRY �'-, D: 0 NT AGREEf, FENT •• SODALICIOUS (H-2018-0046) PAGE 8 OF 8 • �'i . o -- '• STA`' .••� Sodalicious – H-2018-0046 – Exhibit A to Development Agreement Meridian City Council Meeting Agenda August 21, 2018 – Page 443 of 902 Sodalicious – H-2018-0046 – Exhibit A to Development Agreement Meridian City Council Meeting Agenda August 21, 2018 – Page 444 of 902 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0046 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 0.36 of an Acre of Land with the C-G Zoning District for Sodalicious at 1035 E. Fairview Ave., by 10th & Fairview, LLC. Case No(s). H-2018-0046 For the City Council Hearing Date of: July 24, 2018 (Findings on August 7, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 24, 2018, incorporated by reference. The conditions are concluded to be Meridian City Council Meeting Agenda August 7, 2018 – Page 524 of 572 EXHIBIT B Sodalicious - Exhibit B to DA Meridian City Council Meeting Agenda August 21, 2018 – Page 445 of 902 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0046 - 2 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Annexation and Zoning is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of July 24, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 24, 2018 Meridian City Council Meeting Agenda August 7, 2018 – Page 525 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 446 of 902 By action of the City Council at its regular meeting held on the day of 2018. COUNCIL PRESIDENT JOE BORTON VOTED /Lq COUNCIL VICE PRESIDENT LUKE CAVENER VOTED /G! COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 1 COUNCIL MEMBER TY PALMER VOTED /Z 61 COUNCIL MEMBER TREG BERNT VOTED Y64 COUNCIL MEMBER GENESIS MILAM VOTED YA MAYOR TAMMY de WEERD VOTED TIE BREAKER) ZA61 4 1 Mayor T d Weerd o Q piED AUGGST, Attest: z c iiy or w E IDIAN*, IDAHO C.J0 Coles x SEAL Cit Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: ( l D l City lerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0046 - 3 - SOo a iCiD4s Meridian City Council Meeting Agenda August 21, 2018 – Page 447 of 902 Sodalicious – AZ H-2018-0046 PAGE 1 STAFF REPORT Hearing Date: July 24, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Sodalicious – AZ (H-2018-0046) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, 10th & Fairview, LLC, submitted an application for Annexation and Zoning (AZ) of 0.36 of an acre of land with the C-G zoning district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application in accord with the comments in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard this item on June 21, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Hethe Clark, Spink Butler (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: Hethe Clark, Spink Butler (response to the staff report) 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. 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 July 24, 2018. At the public hearing, the Council approved the subject AZ request. a. Summary of City Council Public Hearing: i. In favor: Hethe Clark, Spink Butler (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: Hethe Clark, Spink Butler 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: EXHIBIT A Meridian City Council Meeting Agenda August 7, 2018 – Page 527 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 448 of 902 Sodalicious – AZ H-2018-0046 PAGE 2 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- 0046, as presented in the staff report for the hearing date of July 24, 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-2018-0046, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0046 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 1035 E. Fairview Avenue, in the northeast ¼ of Section 7, Township 3 North, Range 1 East. (Parcel #: S1107120677) B. Owner(s): 10th & Fairview, LLC 435 E. Shore Drive, Ste. 210 Eagle, ID 83616 C. Applicant: Same as Owner D. Representative: Hethe Clark, Spink Butler, LLP 251 E. Front Street, Ste. 200 PO Box 639 Boise, ID 83701 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation & zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this application, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 1, 2018 (Commission); July 6, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: May 25, 2018 (Commission); June 29, 2018 (City Council) Meridian City Council Meeting Agenda August 7, 2018 – Page 528 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 449 of 902 Sodalicious – AZ H-2018-0046 PAGE 3 D. Applicant posted notice on site(s) on: June 8, 2018 (Commission); July 13, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: There is currently a drive-through restaurant (i.e. Sodalicious) operating on this site; the property is currently zoned C2 in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Fairview Ave. and commercial uses, zoned C-G 2. East: Commercial property, zoned C-G 3. South & West: Vehicle sales, zoned C-G C. History of Previous Actions: A drive-through restaurant (i.e. Sodalicious) was recently approved in Ada County to operate on this site (Project #201701971-MSP). This property is currently receiving City water and sewer service. The terms for provision of sewer service are contained in the Agreement for Extension of Domestic Sewer Service outside Meridian City Limits #2017-095482, 1st amendment #2018- 001828, and 2nd amendment #2018-012303. D. Utilities: 1. Public Works: a. Location of sewer: This property is currently receiving sewer service from the City of Meridian. b. Location of water: This property is currently receiving water service from the City of Meridian. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: None 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Commercial on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of the Commercial designation is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. A drive-through restaurant (i.e. Sodalicious) was previously approved in Ada County to operate on this site (Project #201701971-MSP). The approved site/landscape plan is included in Exhibit B. The existing use is an appropriate use in the Commercial designation. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the use of this property: (Staff’s analysis in italics) Meridian City Council Meeting Agenda August 7, 2018 – Page 529 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 450 of 902 Sodalicious – AZ H-2018-0046 PAGE 4 Require all commercial and industrial businesses to install and maintain landscaping.” 2.01.03B) Landscaping was required with development of the site in Ada County. Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02N) This site was allowed to retain access via E. Fairview Avenue with development in Ada County. A cross-access easement exists to this property from the property to the east. Explore options to annex County parcels that are contiguous with City limits to allow for more efficient provision of City services.” (3.04.01F) This site was previously provided with City water and sewer service with the stipulation the applicant apply for annexation into the City. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: Commercial: 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. B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional C), and prohibited (-) uses in the proposed C-G zoning district. A restaurant is listed as a principal permitted use and a drive-through establishment is listed as a conditional use in the C- G district when it’s within 300 feet of a residential district or an existing residence and is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment. However, because the existing use was approved in the County, no further approvals are required in the City. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant proposes to annex 0.36 of an acre of land into the City with a C-G zoning district consistent with the Commercial Future Land Use Map designation for the property. The legal description submitted with the subject application is included in Exhibit C and shows the boundary of the property proposed to be annexed and zoned. The property proposed to be annexed is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. There is an existing restaurant with a drive-through (i.e. Sodalicious) on the site that was recently approved in Ada County (Project #201701971-MSP). A site plan is included in Exhibit A.2 that depicts how the site was developed. Services: City sewer and water services are currently being provided to this property. The agreement for extension of sewer service (referenced in Section VI) requires the User to submit an annexation application and enter into a Development Agreement (DA) with the City of Meridian concerning the use or development of the subject property. The sewer service agreement states that the DA will include requirements that the use of the subject property comply with all provisions of the UDC and Meridian City Code, including those provisions related to land use, specific use standards, landscaping, access, parking, and other Meridian City Council Meeting Agenda August 7, 2018 – Page 530 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 451 of 902 Sodalicious – AZ H-2018-0046 PAGE 5 conditions as may be appropriate and necessary to carry out the policies of the Comprehensive Plan, regulate the uses of property and structures within the City of Meridian, and protect and promote public health, safety, and general welfare. Access: Access is provided to this site via E. Fairview Ave. A cross-access easement exists to this site from the property to the east. Staff recommends a reciprocal cross-access easement is granted to the property to the east (parcel #S1107120655) in accord with UDC 11-3A-3A.2 as a provision of the development agreement; however, it may not be feasible at this time to utilize the cross- access due to the location of the billboard sign. Because parking for the site is located at the northwest corner of the site along the west boundary, staff does not recommend a cross-access easement is provided to the west. Non-Conforming Use: There is an electronic billboard that exists along the east boundary of this site that was a permitted use under Ada County ordinances. Upon annexation, the billboard will be considered a non-conforming sign as billboards are prohibited within the City. As such, the sign is allowed to remain subject to the provisions for non-conforming signs set forth in UDC 11- 1B-6; repair or replacement of LED digital faces on the sign does not constitute replacement or removal of the sign or sign structure as described in 11-1B-6 and noted in the Agreement for Extension of Domestic Sewer Service. Note: When the City Council approved the agreement to provide sewer service to this property, they did so without requiring a sunset clause on the billboard sign. The street buffer along E. Fairview Ave. is also non-conforming to UDC standards at 10 feet in width; the UDC requires a 25-foot wide street buffer along arterial streets. Because the buffer was previously approved by Ada County, a wider buffer is not required to be provided with this application. Certificate of Zoning Compliance (CZC): Because development of this site was approved in Ada County and no expansions of the use or changes to the site are proposed with this application, staff does not recommend a CZC is required to be submitted for the existing use. However, the owner is required to obtain a new Certificate of Occupancy from the Building Department for the existing use. Staff has included recommended DA provisions in Exhibit B in accord with the analysis above and the sewer service agreement. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Site/Landscape Plan Approved by Ada County B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 7, 2018 – Page 531 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 452 of 902 Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda August 7, 2018 – Page 532 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 453 of 902 2 - Exhibit A.2: Site/Landscape Plan Approved by Ada County Meridian City Council Meeting Agenda August 7, 2018 – Page 533 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 454 of 902 3 - EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The subject property shall comply with all provisions of the UDC and Meridian City Code, including those provisions related to land use, specific use standards, landscaping, access, parking, and other conditions as may be appropriate and necessary to carry out the policies of the Comprehensive Plan, regulate the uses of property and structures within the City of Meridian, and protect and promote public health, safety, and general welfare. b. City acknowledges that a nonconforming electronic outdoor advertising sign is installed on the Subject Property. Such nonconforming sign may remain on the Subject Property subject to the provisions for nonconforming signs as set forth in Meridian City Code section 11-1B-6, as such section exists on the date of execution of this Agreement, a copy of which is attached hereto as Exhibit B. The parties agree and acknowledge that repair or replacement of LED digital faces on the outdoor advertising sign does not constitute replacement or removal of the outdoor advertising sign or sign structure as described in Section 11-1B-6 as set forth in Exhibit B. c. A cross-access easement shall be recorded granting access to the property to the east (parcel S1107120655) in accord with UDC 11-3A-3A.2. A copy of said easement shall be submitted to the City prior to issuance of Certificate of Occupancy. d. The applicant shall obtain a Certificate of Occupancy from the Building Department for the existing use upon annexation of the property into the City of Meridian. e. The owner shall comply with the terms of the Agreement for Extension of Domestic Sewer Service outside Meridian City Limits #2017-095482, 1st amendment #2018-001828, and 2nd amendment #2018-012303 included as Exhibit “__” in this agreement. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no comments on this application. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on this application. 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comments on this application as no pathways are depicted on the Pathways Master Plan for this site. 6. ADA COUNTY HIGHWAY DISTRICT This application is for an annexation and rezone only. Listed below are some site specific conditions of approval that the District may identify when it reviews a future development application. The District may add additional conditions of approval when it reviews a specific development application. Meridian City Council Meeting Agenda August 7, 2018 – Page 534 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 455 of 902 4 - 6.1 Site Specific Conditions of Approval 6.1.1 Dedicate additional right-of-way on Fairview Avenue to total 62-feet from centerline. This segment of Fairview Avenue is listed in the CIP, so the applicant will be compensated for right-of-way dedication. 6.1.2 Relocate the sign that is located near the west property line a minimum of 62-feet from centerline of Fairview Avenue. 6.1.3 Access to Fairview Avenue is approved as temporary full access, and may be restricted to right -in/right-out at any time, as determined by ACHD. 6.1.4 A Traffic Impact Fee will 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. 6.1.5 Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 6.1.6 Comply with the Standard Conditions of Approval as noted below. Meridian City Council Meeting Agenda August 7, 2018 – Page 535 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 456 of 902 5 - Exhibit C: Legal Description & Exhibit Map for Annexation and Zoning Boundary Meridian City Council Meeting Agenda August 7, 2018 – Page 536 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 457 of 902 6 - Meridian City Council Meeting Agenda August 7, 2018 – Page 537 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 458 of 902 7 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING/REZONE (UDC 11-5B-3E) Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to the C-G zoning district is consistent with the existing use and Comprehensive Plan FLUM designation of Commercial for this site. (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statement of the commercial district as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment should 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 the proposed annexation and zoning of this property is in the best interest of the City if the applicant complies with the provisions in the Development Agreement included in Exhibit B. Meridian City Council Meeting Agenda August 7, 2018 – Page 538 of 572Meridian City Council Meeting Agenda August 21, 2018 – Page 459 of 902 EXHIBIT "C" Sodalicious H 2018-0046 - Exhibit C to Development Agreement Meridian City Council Meeting Agenda August 21, 2018 – Page 460 of 902 EXHIBIT "D" Sodalicious - H 2018-0046 - Exhibit D to Devleopment AgreementMeridian City Council Meeting Agenda August 21, 2018 – Page 461 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 462 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 463 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 464 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 465 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 466 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 467 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 468 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 469 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 470 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 471 of 902 Meridian City Council Meeting Agenda August 21, 2018 – Page 472 of 902