ICOM AZ H-2019-0019ADA COUNTY RECORDER Phil McGrane 2019-042910
BOISE IDAHO Pgs=27 BONNIE OBERBILLIG 05/22/2019 10:35 AM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIES: 1. City of Meridian
2. Idaho College of Osteopathic Medicine, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
day of 2019, by and between City of Meridian, a municipal corporation of the State
of Idaho, herea4er called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and
Idaho College of Osteopathic Medicine, LLC, whose address is 1401 East Central Drive, Meridian, ID
83642, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land
in the County of Ada, State of Idaho, described in Exhibit "A", which is attached
hereto and by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/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 2.34 acres of land with a C -G (General Retail and Service Commercial)
zoning district to accommodate the construction of an offsite parking lot for the
Idaho College of Osteopathic Medicine, 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 hearing 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 modification of development
agreements held before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning jurisdiction,
and includes further testimony and comment; and
DEVELOPMENT AGREEMENT — ICOM PARKING EXPANSION (H-2019-0019) PAGE I OF 7
DEVELOPMENT AGREEMENT – ICOM PARKING EXPANSION (H-2019-0019) PAGE 2 OF 7
1.7 WHEREAS, on the 23rd day of April, 2019, the Meridian City Council approved
certain Findings of Fact and Conclusions of Law and Decision and Order
(“Findings”), for the modification of four development agreements, which have
been incorporated into this Agreement and attached as Exhibit “B”; and
1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter
into this Agreement and acknowledges that this Agreement was entered into
voluntarily and at its urging and request; and
1.9 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions of
this Agreement, herein being established as a result of evidence received by the
City in the proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected property
owners and to ensure zoning designation are in accordance with the amended
Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No.
16-1173, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding
and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the
clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which
is a municipal Corporation and government subdivision of the state of Idaho,
organized and existing by virtue of law of the State of Idaho, whose address is 33
East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Idaho College of Osteopathic
Medicine, LLC, 1401 E. Central Drive, Meridian, ID 83642, the party that owns
and is developing said Property and shall include any subsequent
owner(s)/developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the
County of Ada, City of Meridian as described in Exhibit “A” describing the parcel
to be zoned C-G (General Retail and Service Commercial) zoning district as
described in Exhibit “A” is attached hereto and by this reference incorporated
herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to
develop the Property in accordance with the terms and conditions of this Agreement.
Meridian City Council Meeting Agenda May 21, 2019 – Page 257 of 576
DEVELOPMENT AGREEMENT – ICOM PARKING EXPANSION (H-2019-0019) PAGE 3 OF 7
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the
UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the site plan included in
Section VII of the Staff Report attached to the Findings of Fact and Conclusions of Law,
attached hereto as Exhibit “B”, and the provisions contained herein.
b. The Hunter Lateral is approved to remain open in accord with UDC 11-3A-6.
c. Direct access to S. Locust Grove Rd. is prohibited; primary access shall be via E. Central Dr. only in
accord with UDC 11-3A-3.
d. Cross-access to the property to the north shall be required to allow for future redevelopment. A
cross-access easement agreement shall be provided upon CZC and DES application submittal.
e. All future development of the subject property shall comply with the City of Meridian
ordinances in effect at the time of development.
f. Certificate of Zoning Compliance and Administrative Design Review applications are required
to be submitted to the Planning Division for approval of all future buildings/uses on the site,
prior to applying for building permit. The site plan included with the CZC application shall
include wayfinding signage that directs pedestrians from the parking area to the intersection of
Locust Grove and Central for safe crossing.
g. All structures shall be removed from the property within 60 days of annexation into the City.
h. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division
for the pathway (coordinate details with Kim Warren, Park’s Dept. 208-888-3579).
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months
after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party’s failure to faithfully comply with all of the terms and
conditions included in this Agreement shall constitute default under this
Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer’s default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and cure
the default, which action must be prosecuted with diligence and completed within
one hundred eighty (180) days; provided, however, that in the case of any such
default that cannot with diligence be cured within such one hundred eighty (180)
Meridian City Council Meeting Agenda May 21, 2019 – Page 258 of 576
DEVELOPMENT AGREEMENT – ICOM PARKING EXPANSION (H-2019-0019) PAGE 4 OF 7
day period, then the time allowed to cure such failure may be extended for such
period as may be necessary to complete the curing of the same with diligence and
continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal of the
zoning designations described herein, solely against the offending portion of
Property and upon City’s compliance with all applicable laws, ordinances and
rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511.
Owner/Developer reserves all rights to contest whether a default has occurred.
This Agreement shall be enforceable in the Fourth Judicial District Court in Ada
County by either City or Owner/Developer, or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the
reasonable control of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more
of the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or
the entirety of said development of the Property as required by this Agreement or by City ordinance or
policy, notify the City Engineer and request the City Engineer’s inspections and written approval of such
completed improvements or portion thereof in accordance with the terms and conditions of this Agreement
and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including
all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of
the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If
for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the
annexation and zoning of the Property contemplated hereby, the City shall execute and record an
appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid
and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure
the installation of required improvements, which the Owner/Developer agree to provide, if required by the
City.
Meridian City Council Meeting Agenda May 21, 2019 – Page 259 of 576
DEVELOPMENT AGREEMENT – ICOM PARKING EXPANSION (H-2019-0019) PAGE 5 OF 7
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any
phase in which the improvements have not been installed, completed, and accepted by the City, or
sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph
11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail,
registered or certified mail, postage prepaid, return receipt requested, addressed as follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, ID 83642 Meridian, ID 83642
OWNER/DEVELOPER:
Idaho College of Osteopathic Medicine, LLC
1401 E. Central Drive
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorney’s fees as determined by a Court of competent jurisdiction.
This provision shall be deemed to be a separate contract between the parties and shall survive any default,
termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision hereof, and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under
this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to
the benefit of the parties’ respective heirs, successors, assigns and personal representatives, including
City’s corporate authorities and their successors in office. This Agreement shall be binding on the
Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be
both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written
request of Owner/Developer, to execute appropriate and recordable evidence of termination of this
Meridian City Council Meeting Agenda May 21, 2019 – Page 260 of 576
DEVELOPMENT AGREEMENT – ICOM PARKING EXPANSION (H-2019-0019) PAGE 6 OF 7
Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully
performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of
competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the
invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall
act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or
other proceeding instituted by any third party (including a governmental entity or official) challenging the
validity of any provision in this Agreement, the parties agree to cooperate in defending such action or
proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,
condition and understandings between Owner/Developer and City relative to the subject matter hereof, and
there are no promises, agreements, conditions or understanding, either oral or written, express or implied,
between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,
no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,
and pursuant, with respect to City, to a duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the City
Council after the City has conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or amendment in force at the time of the
proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date
the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection
with the annexation and zoning of the Property and execution of the Mayor and City Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
Meridian City Council Meeting Agenda May 21, 2019 – Page 261 of 576
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Idaho College of Osteopathic Medicine, LLC
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By: _Pjgg,--ron_ at=•
Its:
CITY OF MERIDIAN ATTEST' �QO�PiED Au
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Mayo a my de Weerd CI y CI E I RAN�-
IDAHO
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s� SEAL
STATE OF IDAHO ) T�?'fthe TREPSJ��`
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County of Ada, )
On this ' 1 day of C , 2019, before me, the undersigned, a Nota Public in and for said State,
personally appeared C he ��, U)'Z`SbNc known or identified to me to be�j'c. a-4 _'tr \' � of Idaho College of
Osteopathic Medicine, LLC and the who signed above and acknowledged to me that he executed the same on behalf of said
corporation.
, I have hereunto set my hand and affixed my official seal the day and year in this certificate
wriflll Q %, _
OTARy';� S
PUBLIC, i Notary Pu fo 1 a o
Residing at: p i` �.,�CL.'�
2 No. �$;.• 0�.`� My Commission Expires: 16 K Ab,
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County of Ada )
On this I5+ day of Mau , 2019, before me, allotary Public, personally appeared Tammy de
Weerd and , know or ' ntified tome to be the Mayor and Clerk, respectively, ofthe City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged tome 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.
%MISSION
ARLENE WAY
;1x67390 Notary
Public or Idaho
NOTARY PUBLIC Residing at:
STATE OF IDAHO Commission expires: - g -
MY COMMISSION EXPIRES 3/28122
DEVELOPMENT AGREEMENT — ICOM PARKING EXPANSION (H-2019-0019) PAGE 7 OF 7
EXHIBIT A
ICOM Parking Expansion – H-2019-0019
Meridian City Council Meeting Agenda May 21, 2019 – Page 236 of 576
EXHIBIT A
ICOM Parking Expansion – H-2019-0019
Meridian City Council Meeting Agenda May 21, 2019 – Page 237 of 576
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0019 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 2.34 acres of land with a C-G zoning
district to accommodate the construction of a parking lot for the Idaho College of Osteopathic
Medicine (ICOM), by The Land Group.
Case No(s). H-2019-0019
For the City Council Hearing Date of: April 23, 2019 (Findings on May 7, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 23, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 23, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 23, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 23, 2019, 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 May 7, 2019 – Page 196 of 537
EXHIBIT B
Meridian City Council Meeting Agenda May 21, 2019 – Page 238 of 576
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0019 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 23, 2019, 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 annexation is hereby approved per the conditions of approval in the
Staff Report for the hearing date of April 23, 2019, 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 April 23, 2019
Meridian City Council Meeting Agenda May 7, 2019 – Page 197 of 537Meridian City Council Meeting Agenda May 21, 2019 – Page 239 of 576
By action of the City Council at its regular meeting held on the
2019.
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: N"". _.
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dhris4 m
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Interim i Cle
1 441
day of ,
VOTED Ain
VOTED
VOTED
VOTED
VOTED
VOTED
VOTED
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: kJl llli W Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0019 SC OrYI - 3 -
Meridian City Council Meeting Agenda May 21, 2019 – Page 240 of 576
EXHIBIT A
Page 1
HEARING
DATE:
4/23/2019
TO: Mayor & City Council
FROM: Stephanie Leonard, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0019
ICOM Parking Expansion
LOCATION: 885 S. Locust Grove Rd., in the SE ¼ of
Section 18, Township 3N., Range 1E.
I. PROJECT DESCRIPTION
The applicant, The Land Group, has requested annexation and zoning of 2.34 acres of land with a C-
G zoning district to accommodate the construction of an offsite parking lot for the Idaho College of
Osteopathic Medicine (ICOM).
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 2.34
Future Land Use Designation Commercial
Existing Land Use Single-family rural residential
Proposed Land Use(s) Parking lot
Current Zoning R6
Proposed Zoning C-G
Lots (# and type; bldg/common) 1
Amenities 10-foot multi-use pathway
Physical Features (waterways,
hazards, flood plain, hillside)
Hunter Lateral along the west boundary of the site
Neighborhood meeting date; # of
attendees:
January 31, 2019; no attendees
History (previous approvals) N/A
Meridian City Council Meeting Agenda May 7, 2019 – Page 199 of 537Meridian City Council Meeting Agenda May 21, 2019 – Page 241 of 576
EXHIBIT A
Page 2
B. Community Metrics
Description Details Page
Ada County Highway District
Staff report (yes/no) No
Requires ACHD
Commission Action
yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
E. Central Dr. (collector)
Stub Street/Interconnectivity/Cross
Access
Drive aisle stub proposed in northwest part of site to provide
for future connectivity
Existing Road Network
Existing Arterial Sidewalks /
Buffers
Seven-foot wide attached sidewalk along S. Locust Grove Rd.
and E. Central Dr.
Wastewater
Distance to Sewer Services 0
Sewer Shed Five Mile Trunkshed
Estimated Project Sewer
ERU’s
See application info.
WRRF Declining Balance 13.59
Project Consistent with
WW Master Plan/Facility
Plan
Yes
Water
Distance to Water Services 0
Pressure Zone Three
Estimated Project Water
ERU’s
See application info.
Water Quality Concerns None
Project Consistent with
Water Master Plan
Yes
Impacts/Concerns None
Meridian City Council Meeting Agenda May 7, 2019 – Page 200 of 537Meridian City Council Meeting Agenda May 21, 2019 – Page 242 of 576
EXHIBIT A
Page 3
C. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant/Representative:
The Land Group, Inc.
462 E. Shore Dr., Ste. 100
Eagle, ID 83616
B. Owner:
McKague Family Revocable Living Trust
885 S. Locust Grove Rd.
Meridian, ID 83642
Future Land Use Map Aerial Map
Zoning Map Planned Development Map
Meridian City Council Meeting Agenda May 7, 2019 – Page 201 of 537Meridian City Council Meeting Agenda May 21, 2019 – Page 243 of 576
EXHIBIT A
Page 4
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper Notification 3/1/2019 4/5/2019
Radius notification mailed to
properties within 300 feet 2/26/2019 4/3/2019
Radius notification published on 3/6/2019 4/4/2019
Nextdoor posting 2/26/2019 4/3/2019
V. STAFF ANALYSIS
The proposed annexation area is contiguous to City annexed property to the west and south and is
within the Area of City Impact Boundary. A legal description for the annexation area is included
in Section VII.A.
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 with this
application, staff recommends a DA as a provision of annexation with the provisions
included in Section VIII.
A. Future Land Use Map Designation (https://www.meridiancity.org/compplan)
The commercial designation provides for 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. The proposed use of
this site as a parking lot expansion for the Idaho College of Osteopathic Medicine (ICOM) will
serve area residents and visitors by allocating additional vehicle space for students, faculty and
visitors. Additional space within the proposed area will alleviate the shortage of parking
available to Renaissance High School and Idaho State University, which occupy the same general
region. Although the offsite parking is not a preferred use for this property, staff believes the
requested zoning and Commercial FLUM provides flexibility for redevelopment in the future.
B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets.” (2.01.04B)
Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
Implement the City’s Pathways Master Plan.” (5.03.01A)
C. Existing Structures/Site Improvements:
There is an existing home and accessory structures on this site that will be removed with
annexation of the property.
D. Proposed Use Analysis:
The proposed use for this site is a parking lot with approximately one-hundred ninety (190) to be
utilized by ICOM. A parking lot is a principally permitted use in the proposed zone (C-G). Staff
recommends that a provision be made in the Development Agreement to require any future use of
the property to submit a certificate of zoning compliance and design review prior to submittal of
building permits.
Meridian City Council Meeting Agenda May 7, 2019 – Page 202 of 537Meridian City Council Meeting Agenda May 21, 2019 – Page 244 of 576
EXHIBIT A
Page 5
E. Site Plan:
A site plan was submitted with annexation application that depicts how the site is proposed to
develop with the parking lot expansion. Approximately 190 parking stalls are proposed to serve
the students and faculty of the ICOM. The proposed site plan is substantially approved but will
be further analyzed with the required CZC and DES application.
F. Dimensional Standards (UDC 11-2):
Development is required to comply with the dimesnional standards listed in UDC Table 11-2B-3.
Parking lot design shall comply with the standards in UDC Table 11-3C-5.
G. Access (UDC 11-3A-3, 11-3H-4):
One (1) full access is proposed via E. Central Dr., a collector roadway, in accord with UDC 11-
3A-3 and the Comprehensive Plan (action item #3.06.02D). A stub street is proposed at the
northwest part of the site to allow for future development of the subject site or surrounding
properties. Direct access to S. Locust Grove Rd. shall not be permitted. Cross access to the site to
the north shall be required as a provision of the DA.
The proposed location of the drive aisle into the parking lot is located approximately 130 feet to
the east of an existing access point into the ICOM campus parking lot to the south. Since the
proposed parking lot is located across E. Central Dr. (a commercial collector) from the college,
providing an easily navigable pedestrian and vehicle setting is crucial. Staff believes there is an
opportunity to align the proposed parking lot access point with the existing entrance for the
current ICOM parking lot (see Exhibit VII.C) by utilizing the undeveloped parcel to the west
parcel #S1118417375). The land is currently owned by the State of Idaho and is a remnant
parcel near the Idaho State Police site. Staff believes the applicant could work with the State of
Idaho to either purchase the parcel or acquire a cross-access easement to use the land. Aligning
the two (2) entrances would provide for safer pedestrian crossing and less diagonal traffic
crossing from one (1) parking lot to the other. As mentioned in item I below, one (1) signalized
pedestrian light exists at the intersection of E. Central Dr. and S. Locust Grove Rd. Increasing
the visibility and continuity of the existing drive aisle with the proposed drive aisle would aid in
ensuring pedestrians and vehicles are able to safely cross E. Central Dr.
Staff recommends the Commission determine whether the applicant should be required to provide
an access point that aligns with the current parking lot to the south as shown in Exhibit VII.C.
H. Pathways ( UDC 11-3A-8):
A segment of the City’s multi-use pathway system is proposed along the west side of the Hunter
Lateral in accord with the Pathways Master Plan and the Comprehensive Plan (action item
5.03.01A); a 14-foot wide public pedestrian easement is required to be submitted to the
Planning Division for the pathway (coordinate details with Kim Warren, Park’s Dept. 208-888-
3579). Landscaping is required to be provided adjacent to all pathways as set forth in UDC 11-
3B-12C.
I. Sidewalks (UDC 11-3A-17):
Sidewalks are required to be provided with development in accord with the standards listed in
UDC 11-3A-17. A seven-foot sidewalk exists along S. Locust Grove Rd. and E. Central Dr., in
accord with UDC standards. The applicant is currently proposing two (2) pedestrian walkways at
the south part of the site to connect patrons to E. Central Dr.
Typically, staff would prefer to have both proposed walkways constructed as they provide extra
pedestrian connection to E. Central Dr. and ultimately ICOM across the street. However, since
the only designated pedestrian crossing exists at the light at S. Locust Grove Rd. and E. Central
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Dr., staff recommends the applicant only provide the walkway connecting the southeastern part
of the parking lot to the sidewalk along E. Central Dr. Staff believes that limiting designated
walkways from the parking lot to the existing sidewalk will limit the number of patrons tempted to
cross E. Central Dr. without a designated crosswalk or pedestrian light. Staff has communicated
this change to the applicant and they are amenable to making that change in the site plan. The
applicant has agreed to install wayfinding signs and other mechanisms to guide patrons across E.
Central Dr. using the designated crosswalk at the light.
J. Landscaping (UDC 11-3B):
A minimum 25-foot wide street buffer is required to be provided along S. Locust Grove Rd. Rd.,
an arterial street; and a 20-foot wide street buffer is required to be provided along E. Central Dr.,
a collector as set forth in UDC Table 11-2B-3 for the C-G district. Landscaping is required within
the buffers in accord with the standards listed in UDC 11-3B-7C. All landscape buffers and
parking lot landscaping is required to be maintained by the owner or a managing association.
Parking lot landscaping and the buffer to the adjoining use to the north shall be constructed in
accord with the standards in UDC 11-3B-8 and UDC 11-3B-9. A landscape plan complying with
the aforementioned standards shall be submitted with the CZC and DES application.
Although a landscape plan has not been submitted with the subject application, the proposed site
plan will require the removal of existing trees. The applicant has coordinated with Elroy Huff,
City Arborist, to confirm mitigation requirements. The applicant shall submit a mitigation plan
with the CZC and DES application prior to removal of any trees on the site.
K. Waterways (UDC 11-3A-6):
The Hunter Lateral runs along the west boundary of this site. The applicant proposes to keep the
waterway open and to locate the City’s 10-foot multi-use pathway adjacent to the lateral. The
Hunter Lateral shall remain open unless otherwise waived by City Council in accord with UDC
11-3A-6.
L. Fencing (UDC 11-3A-6, 11-3A-7):
All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-
7. No fencing is currently depicted on the site plan, but should fencing be proposed, a detail shall
be submitted with the CZC and DES application.
M. Certificate of Zoning Compliance and Design Review:
If approved, the applicant will be required to submit a CZC and DES application to establish the
parking lot use and to ensure all site improvements comply with the provisions of the UDC and
the conditions in this report prior to construction, in accord with UDC 11-5B-1. A detailed site
and landscape plan and elevations for the maintenance building shall be submitted in accord
with the provisions in Section VIII.
N. Utilities (UDC 11-3A-21):
Sanitary sewer and water are available to the subject site, however no new services are being
proposed at this time.
VI. DECISION
A. Staff:
Staff recommends approval of the Applicant’s request for annexation and zoning as it will provide the
parking space needed for the expanding ICOM campus. Council should also consider the Applicant’s
request for a waiver to leave the Hunter Lateral open and not require it to be piped.
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B. Commission:
The Meridian Planning & Zoning Commission heard these items on March 21, 2019. At the
public hearing, the Commission moved to recommend approval of the subject Annexation
request.
a. Summary of Commission Public Hearing:
i. In favor: Dr. Robert Hasty, Applicant; Tamara Thompson, Applicant’s
Representative
ii. In opposition: None
iii. Commenting: Dr. Robert Hasty; Tamara Thompson
iv. Written testimony: None
v. Staff presenting application: Stephanie Leonard
vi. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. Concern regarding safe pedestrian crossing from proposed parking lot across
Central Drive to ICOM campus;
ii. Alignment of the proposed access point with the existing ICOM parking lot access
point to the south;
iii. Wayfinding signage to encourage pedestrian crossing at Central and Locust Grove
crosswalk;
iv. Coordination with ACHD to install a hawk signal at the main parking lot entrance
for pedestrian crossing from proposed parking lot;
v. Other considerations and options for potential locations for additional parking;
vi. Location of multi-use pathway in relation to pedestrian crossing;
vii. ICOM student population maturity, amount of traffic and other student populations
utilizing the area and Central Dr.;
d. Commission Change(s) to Staff Recommendation:
i. Strike condition 1.1.b requiring applicant to coordinate with property to the west to
align parking lot access with existing parking lot to the south;
e. Outstanding Issue(s) for City Council:
i. The Applicant should work with ACHD to coordinate a crosswalk to direct pedestrian
traffic safely across Central Dr.
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C. Council:
The Meridian City Council heard these items on April 23, 2019. At the public hearing, the
Council approved the subject Annexation request.
a. Summary of City Council Public Hearing:
i. In favor: Tamara Thompson, Applicant’s Representative
ii. In opposition: None
iii. Commenting: Tamara Thompson
iv. Written testimony: None
v. Staff presenting application: Stephanie Leonard
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. Parcel to west ownership and alignment of proposed drive aisle with existing parking lot
drive aisle to south;
di. Key Council Changes to Staff/Commission Recommendation
ii. Council granted the waiver to allow the Hunter Lateral to remain open (see DA provision
1.1c.)
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VII. EXHIBITS
A. Annexation and Zoning Legal Description and Exhibit Map
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B. Concept Site Plan
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C. Driveway Alignment Location
Staff’s recommended
location Approximate proposed
location
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Annexation & Zoning
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 the
annexation. The DA shall, at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the site plan included in
Section VII, and the provisions contained herein.
b. The applicant shall relocate the proposed parking lot driveway to align with the existing
driveway constructed on the ICOM property to the south.
c. The Hunter Lateral shall is approved to remain open unless otherwise waived by City Council
in accord with UDC 11-3A-6.
d. Direct access to S. Locust Grove Rd. is prohibited; primary access shall be via E. Central Dr.
only in accord with UDC 11-3A-3.
e. Cross-access to the property to the north shall be required to allow for future redevelopment.
A cross-access easement agreement shall be provided upon CZC and DES application
submittal.
f. All future development of the subject property shall comply with the City of Meridian
ordinances in effect at the time of development.
g. Certificate of Zoning Compliance and Administrative Design Review applications are
required to be submitted to the Planning Division for approval of all future buildings/uses on
the site, prior to applying for building permit. The site plan included with the CZC
application shall include wayfinding signage that directs pedestrians from the parking area to
the intersection of Locust Grove and Central for safe crossing.
h. All structures shall be removed from the property within 60 days of annexation into the City.
i. A 14-foot wide public pedestrian easement is required to be submitted to the Planning
Division for the pathway (coordinate details with Kim Warren, Park’s Dept. 208-888-3579).
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 A street light plan will need to be included in the design plans submitted to the City of Meridian.
Street light plan requirements are listed in Section 6-7 of the City's Design Standards.
2. General Conditions of Approval
2.1 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,
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the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2 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.
2.3 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.
2.4 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.
2.5 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.
2.6 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.
2.7 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.8 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.9 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.
2.10 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.
C. IDAHO TRANSPORTATION DEPARTMENT (ITD)
http://weblink.meridiancity.org/WebLink8/0/doc/162132/Page1.aspx
D. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/WebLink8/0/doc/162100/Page1.aspx
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C. FINDINGS
A. Annexation and/or Rezone (UDC 11-5B-3E)
Required 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 and/or rezone, the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The Applicant is proposing to annex the subject 2.34 acre property with a C-G zoning district
and develop an off-site parking lot expansion for the Idaho College of Osteopathic Medicine.
Commission finds that the proposed map amendment and uses comply with the provisions of
the Comprehensive Plan and should be compatible with the adjacent commercial uses.
2. 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 C-G zoning district is
consistent with the purpose statement for the commercial districts in UDC 11-2B-1 and will
serve the surrounding educational institutions.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The Commission finds that the proposed zoning map amendment will not be detrimental to
the public health, safety, or welfare. The Commission recommends the Council consider any
oral or written testimony that may be provided when determining this finding.
4. 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.
5. The annexation (as applicable) is in the best interest of city.
The Commission finds annexing this property with a C-G zoning district is in the best interest
of the City if the applicant develops the site in accord with the proposed site plan and the
development agreement requires that future development receive CZC and DES approval.
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