Wagner Farms AZ, CPAM H-2019-0035ADA COUNTY RECORDER Phil McGrane 2019-066118
BOISE IDAHO Pgs=36 NIKOLA OLSON 07/24/2019 03:19 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: I . City of Meridian
2. Rod and Debra Wagner, Owners
3. PD Larson & Co., Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 2.5yr" day of 'Jt11Q , 2019, by and between City of Meridian, a municipal
corporation of the State oMaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Rod and Debra Wagner whose address is 3240 W. Chinden Blvd.,
Meridian, ID 83646 and hereinafter called OWNERS and PD Larson & Co., whose address is 855 S.
Calhoun Place, Star, ID 83669 hereinafter called DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owners are the sole owners, 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 § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or 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, Owners and/or Developer have submitted an application for the
annexation and zoning of 2.46 acres of land, described in Exhibit "A", to the
C -C (Community Business) zoning district, under the Unified Development
Code, which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and before
the Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT— WAGNER FARMS (H-2019-0035) PAGE 1 OF 9
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS:
l
Rod Wagner
DEVELOPER:
PD Larson & Co
By: l.� rso.. C� r►Ye
Its: 01A5rA-j'-
CITY OF MERIDIAN
By:
Mayor T de Weerd
STATE OF Idaho
",RMIA'900,
/
ATTEST: O�PSED, GOS
2G
lily of 0
ris J son, ek IDAHO
x
SEAL ,
ss:
County of Ada. )
On this dayof , 2019, before me, the undersigned, allotary Public in and for said
State, personally ape ed R Wagner known or identified to me to be the person who signed above
and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereun set my hand and affixed my official seal
the day and year in this cert i�i rst above written.
\��gECCA t M� ��i1"
vw
: � ota y Public foy�Idaho �n
s �'//
MY COMMISSION s Residing at:
EXPIRES 6-16-2024
My Commission E +res:
DEVELOPMENT AGREEM�j//?y�i1►`2019-0035) PAGE 8 OF 9
STATE OF Idaho
ss:
County of Add )
On this 11 day of , 2019, before me, the undersigned, a Notary Public in and for said
State, personally app ed ebra Wagner known or identified to me to be the person who signed
above and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
% of
the day and year in this certif��Qi�i+py�written.
MY COMMISSION ? ota Public for I ho
EXPIRES 8-16-2024 ; Residing at:
� My Commission Expi s: �- -
STATE OF Idaho ) 0,.4
ss: of �QP,tiy�\\\•`�
ss:
County of Ada )
On this 19 ay of019 before me, the undersigned, a Notary Public in and for said
State, personally a eared (Ar a'21 known or identified to me to be the
$,D Larson & Co., and the person who signed above and
acknowledged to me that \�\�?,���'i me on behalf of said Company.
IN WITNESS
and year in this certifi
STATE OF IDAHO
County of Ada
,I
B : EXPIRES 8-162024
s
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fir`
NOt�1Mg�\���b
�V/iyp11111W O
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sety han and affixed my offs
o ��'e
Not*v Public fo -rr
Residing at:
My Commission Ex ires:
seal t day
-2�
On this 2 3reA day of Ju lg , 2019, before me, a Notary Public,
personally appeared Tammy de Weerd and -Chris Johnson, known or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed mmay`official seal the day
and year in this certificate first above written.
CHARLENE WAY Notary PubW-O
Idaho
4 COMMISSION #67390 Residing
NOTARY PUBLIC Commission expires3 -a$
STATE OF IDAHO
ARMs (H-2019-0035) PAGE 9 of 9
EXHIBIT A
Page 1
Annexation and Zoning Legal Description and Exhibit Map
Meridian City Council Meeting Agenda July 23, 2019 – Page 241 of 519
Wagner Farms – H-2019-0035
Meridian City Council Meeting Agenda July 23, 2019 – Page 242 of 519
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0035 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Comprehensive Plan Map Amendment to change the land use
designation from Low Density Residential to Commercial, and Annexation and Zoning from the
RUT zoning district to a C-C (Community Business) zoning district on 2.46 acres of land for the
future addition of a convenience store and fuel sales facility to an existing farmers market, by PD
Larson & Co.
Case No(s). H-2019-0035
For the City Council Hearing Date of: May 28, 2019 (Findings on June 11, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 28, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 28, 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
Meridian City Council Meeting Agenda June 11, 2019 – Page 132 of 396
EXHIBIT B
Meridian City Council Meeting Agenda July 23, 2019 – Page 244 of 519
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0035 - 2 -
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 May 28, 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 a comprehensive plan map amendment, and annexation and zoning
is hereby approved per the conditions of approval in the Staff Report for the hearing date of
May 28, 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 May 28, 2019.
Meridian City Council Meeting Agenda June 11, 2019 – Page 133 of 396Meridian City Council Meeting Agenda July 23, 2019 – Page 245 of 519
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)
Mayor Tammy de Weerd
Q RATEU AUc(iAttest: 4 s
C vor WC-'[ E jDIgIV
p Hp
Chris SO ^ SEAL
0" day of !one, ,
VOTED_ Ave
V OTED
VOTED A,
VOTED
VOTED N Q
VOTED P
V OTED__\—
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By; OWADated: (.p
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0035 -3 -
WOT)er FArmg
Meridian City Council Meeting Agenda July 23, 2019 – Page 246 of 519
EXHIBIT A
Page 1
HEARING
DATE:
5/28/2019
TO: Mayor & City Council
FROM: Stephanie Leonard, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0035
Wagner Farms
LOCATION: 3240 W. Chinden Blvd., in the SE ¼ of
the SE ¼ of Section 22, Township 4N.,
Range 1W.
I. PROJECT DESCRIPTION
An amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on
2.46 acres of land from Low Density Residential to Commercial; and
Annexation and zoning of 2.46 acres of land from the RUT (Rural to Urban Transition) zoning district to
a C-C (Community Business) zoning district for the future addition of a convenience store and fuel sales
facility to the existing farmers market.
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 2.46
Future Land Use Designation Low Density Residential (LDR)
Existing Land Use Produce market (Wagner Farms)
Proposed Land Use(s) Expansion of produce market and convenience store with
fuel sales facility
Current Zoning RUT
Proposed Zoning C-C
Neighborhood meeting date; # of
attendees:
8/1/2018; 19 attendees
History (previous approvals) N/A
Meridian City Council Meeting Agenda June 11, 2019 – Page 135 of 396Meridian City Council Meeting Agenda July 23, 2019 – Page 247 of 519
EXHIBIT A
Page 2
B. Community Metrics
Description Details Page
Ada County Highway District
Staff report (yes/no) Not in ACHD ROW; no comment
Requires ACHD
Commission Action
yes/no)
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
Access proposed via W. Chinden Blvd. (State Hwy)
Traffic Level of Service
Existing Arterial Sidewalks /
Buffers
No existing sidewalk; applicant proposes to install a 10-foot
multi-use pathway along W. Chinden Blvd.
Fire Service
Distance to Fire Station +/- 1.3 miles from Fire Station No. 5
Fire Response Time 3 minutes (under ideal conditions)
Resource Reliability 77% (does not meet target goal of 85% or greater)
Risk Identification 3=commercial
Accessibility Project meets all required road widths and turnarounds.
Special/resource needs Project will not require an aerial device. In the event of a
hazmat event, mutual aid will be required.
Water Supply 1500 gal./minute for 2 hours required
Other Resources
Police Service
Distance to Police Station 7.5 miles
Police Response Time 6 minutes (2 minutes higher than average response time in
Meridian)
Calls for Service Between 1/1/2018-12/31/2018 PD responded to 100 calls for
service within a mile of the proposed development.
of calls for service split
by priority
See PD comments in Section VIII. D
Accessibility No issues with proposed access.
Specialty/resource needs None
Crimes 20
Crashes 9
Other Reports The applicant shall make every attempt to mitigate sound,
odor, light trespass and litter to surrounding neighborhoods.
MPD would like to see pathway/sidewalks to connect with
surrounding neighborhoods and SpurWing Golf Course.
Wastewater
Distance to Sewer Services 0-feet
Sewer Shed North Black Cat Trunkshed
Estimated Project Sewer
ERU’s
See Application Information
WRRF Declining Balance 13.66
Project Consistent with
WW Master Plan/Facility
Plan
Yes
Impacts/Concerns
Water
Impacts/Concerns This proposed development is within Suez Water’s service
area.
Meridian City Council Meeting Agenda June 11, 2019 – Page 136 of 396Meridian City Council Meeting Agenda July 23, 2019 – Page 248 of 519
EXHIBIT A
Page 3
C. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant:
PD Larson & Co.
855 S. Calhoun Place
Star, ID 83669
B. Owner:
Rod and Debra Wagner
3240 W. Chinden Blvd.
Meridian, ID 83646
Future Land Use Map Aerial Map
Zoning Map Planned Development Map
Meridian City Council Meeting Agenda June 11, 2019 – Page 137 of 396Meridian City Council Meeting Agenda July 23, 2019 – Page 249 of 519
EXHIBIT A
Page 4
C. Representative:
Becky McKay
Engineering Solutions, LLP.
1029 N. Rosario St. #100
Meridian, ID 83642
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper Notification 4/12/2019 5/10/2019
Radius notification mailed to
properties within 300 feet 4/9/2019 5/7/2019
Radius notification published on 4/18/2019 5/18/2019
Nextdoor posting 4/9/2019 5/7/2019
V. STAFF ANALYSIS
The applicant requests a Comprehensive Plan Map Amendment (CPAM) to change the land use
designation on 2.46 acres of land from Low Density Residential (LDR) to Commercial; and,
Annexation & Zoning of 2.46 acres of land from RUT to the C-C zoning district.
The proposed annexation area is contiguous to City annexed property to the south and east, 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 (CPAM) (https://www.meridiancity.org/compplan)
Current Land Use Designation: Low Density Residential (LDR) – LDR designated areas allow
for the development of single-family homes on large lots where urban services are provided. Uses
may include single-family homes at gross densities of three (3) dwelling units or less per acre. The
site is currently zoned RUT in Ada County and operates as the Wagner Farms produce market.
Proposed Land Use Designation: Commercial - The intent 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. These zones may include neighborhood commercial uses
focusing on specialized service for residential areas adjacent to that zone. The applicant is
proposing a comprehensive plan map amendment to change the land use designation from LDR to
Commercial to allow for an expansion of the existing produce market use and the construction of
a convenience store and fuel sales facility.
Wagner Farms has been in operation since 1982 and has been a well-utilized and valued market
throughout its existence. The surrounding area has grown considerably since its establishment and
the market has become even more of a neighborhood amenity to many of the residents in the area.
Recognizing the growth in the area, the Wagners had planned to sell the property and were
inundated with requests from customers and residents in the area to keep their business open. The
Meridian City Council Meeting Agenda June 11, 2019 – Page 138 of 396Meridian City Council Meeting Agenda July 23, 2019 – Page 250 of 519
EXHIBIT A
Page 5
Wagners decided to stay at their current location and wish to expand in a manner that will not only
be consistent with the history of the area but will complement the current character of the area.
Further, an expansion of the site will support Comprehensive Plan Goal 3.05.02, “Maintain
integrity of neighborhoods to preserve values and ambiance of areas”. Wagner Farms has been a
staple in the area and will continue to be such with the proposed expansion. The proposed facility
will continue to serve surrounding residential neighborhoods and will provide a variety of fresh
and local food items as well as the opportunity to fuel vehicles when needed. There is resounding
support from the surrounding community for the subject application, over 450 residents in the
area signed a petition in support of the proposed expansion.
Staff is of the opinion that the requested annexation with the C-C zoning district and proposed
development is consistent with the proposed Commercial FLUM designation for this site and is
appropriate for this site. The proposed development supports various Comprehensive Plan goals,
will maintain historic character to preserve a part of Meridian’s roots, and is widely supported by
the surrounding community.
B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
Plan for and encourage services like health care, daycare, grocery stores and recreational areas
to be built within walking and biking distance of residential dwellings.” (2.01.01C)
Provision of services within walking and biking distance of several neighborhoods north of W.
Chinden Blvd. will allow residents to access food and necessary items without requiring use of
a vehicle. Added pedestrian micropathways, as recommended by staff, will increase the
walkability of surrounding communities with the proposed development.
Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City.” (3.01.01F)
Services to this area are available and can be reasonably provided since the MFD and MPD
are already servicing the area.
Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
The proposed development includes pedestrian connectivity along W. Chinden Blvd. in accord
with the Pathways Master Plan, however, an opportunity to connect surrounding residences
and the golf course to the east is possible. Additional micropathways to the east and west would
increase pedestrian connection and would aid in creating a neighborhood amenity, making it
even more consistent with City Code.
Require neighborhood and community commercial areas to create a site design compatible
with surrounding uses (e.g., landscaping, fences, etc.) (3.05.02A)
The applicant has made a concerted effort to maintain the “farm feel” of the original Wagner
Farms property through the design of the building, landscaping and planned operations.
Additionally, in an effort to maintain compatibility with surrounding uses, the applicant is
working with the resident to the north of the subject site to install fencing to mitigate any impact
accompanying the planned expansion.
Provide housing options close to employment and shopping centers.” (3.07.02D)
This site is intended to be utilized as a neighborhood market and convenience store for
surrounding neighborhoods and the adjacent golf course. Since the site is adjacent to W.
Chinden Blvd. and the entrance will align with the Ten Mile Rd. intersection improvements, it
will provide a convenient option for commuters to stop in and purchase items on their way to
Meridian City Council Meeting Agenda June 11, 2019 – Page 139 of 396Meridian City Council Meeting Agenda July 23, 2019 – Page 251 of 519
EXHIBIT A
Page 6
and from work. The expansion of Wagner Farms may also provide additional employment and
shopping opportunities to surrounding residents and could alleviate the necessity to drive a
vehicle to find such services.
C. Existing Structures/Site Improvements:
The site has been utilized as a produce market with associated out-buildings since 1982; there are
also two (2) existing residences on the site. The applicant is proposing to remove the existing
homes and produce barn to accommodate the proposed convenience store and produce market.
D. Proposed Use Analysis:
The proposed produce market and convenience store are classified as a “retail store” and the fuel
center a “Fuel Sales Facility” in accord with UDC 11-1A-1. If the CPAM request is approved, all
aforementioned uses are listed as principal permitted uses in the C-C district per UDC Table 11-
2B-2.
Hours of operation within the C-C zoning district are 6 AM-11 PM; the applicant is proposing to
operate the market, convenience store and fuel facility within those hours of operation, fuel
pumps will not be operable outside of business hours.
E. Specific Use Standards (UDC 11-4-3):
The proposed use is subject to the specific use standards listed in UDC 11-4-3-20, Fuel Sales
Facility.
A. General standards:
1. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not
occupy more than twenty five percent (25%) of the subject property. The proposed fuel
sales facility will not encompass more than 25% of the overall site. The applicant has
also integrated fuel pump canopies into the design of the building and relocated pumps
to the east of the site to mitigate any related noise or visual nuisance to surrounding
neighbors.
2. The total height of any overhead canopy or weather protection device shall not exceed
twenty feet (20'). The applicant’s design is in compliance with this requirement; height
and dimensions shall be further specified with the CZC and DES application.
3. Vehicle stacking lanes shall be available on the property but outside the fueling areas.
Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-
of-way by patrons. Such stacking lanes shall be separate from areas required for access
and parking. The stacking lanes shall not be located within ten feet (10') of any abutting
residential districts. Vehicle stacking lanes have been provided approximately 120-feet
from the access point to W. Chinden Blvd. A 29-foot drive aisle has been provided to the
east of fuel pumps to allow traffic to bypass fuel pumps if occupied. Staff recommends
the applicant consider installing wayfinding and directional signage to increase
effective circulation and to alleviate potential stacking and obstruction of the main
entrance.
4. If the use is unattended, the standards in accord with section 11-3A-16 of this title shall
also apply. The use will not be operational outside of normal business hours (6 AM-11
PM), so will not be unattended.
F. Dimensional Standards (UDC 11-2):
This development is subject to the C-C zoning district dimensional standards in UDC Table 11-
2B-3. The applicant is proposing a 25-foot landscape buffer to the adjacent residential use to the
Meridian City Council Meeting Agenda June 11, 2019 – Page 140 of 396Meridian City Council Meeting Agenda July 23, 2019 – Page 252 of 519
EXHIBIT A
Page 7
north and is coordinating with the homeowner to install a wall to further mitigate related noise
and/or light.
G. Access (UDC 11-3A-3, 11-3H-4):
The subject site currently has two (2) access points to W. Chinden Blvd./SH-20/26; the applicant
is proposing to close the westerly access point to provide one (1) access to the site. The applicant
coordinated with ITD in realigning the easterly access point when the Ten Mile Rd. intersection
improvements and signal were installed to align with the future outside turn lane at Ten Mile Rd.
Part of the proposed access is to be constructed on the adjacent property to the east. The applicant
shall submit written documentation from the adjacent property owner stating agreement to allow
construction of the driveway as shown.
H. Parking (UDC 11-3C):
Off-street parking is required to be provided on the site in accord with the standards listed in
UDC 11-3C-6B per the dimensions shown in Table 11-3C-5. In commercial districts, a minimum
of one (1) vehicle space is required for every 500 square feet of gross floor area. Bicycle parking
is also required to be provided at one space for every 25 proposed vehicle spaces in accord with
the standards listed in UDC 11-3C-5C.
Based on the overall square footage of the structures proposed (i.e. 12,459 square feet), a
minimum of 25 vehicle spaces and one (1) bicycle parking spaces are required to be provided. A
total of 61 vehicle spaces are proposed in excess of UDC standards. The site plan does not
include bicycle parking and shall be modified to comply with the aforementioned standards with
CZC and DES application submittal.
I. Pathways ( UDC 11-3A-8):
A segment of the City’s multi-use pathway system (sidewalk) exists along the southern boundary
of this site adjacent to W. Chinden Blvd. in accord with the Pathways Master Plan.
A detached 10-foot wide multi-use pathway within a public use easement and pedestrian lighting
and landscaping is required to be provided within the street buffer along W. Chinden Blvd. in
accord with the standards listed in UDC 11-3H-4C.3. The applicant has located the 10-foot multi-
use pathway at the northern part of the required 30-foot ITD easement. The proposed landscape
plan is deficient one (1) perimeter tree along W. Chinden Blvd., the landscape plan submitted
with the CZC and DES application shall be modified to comply with the aforementioned
standards.
In accord with Comprehensive Plan Action Item #3.07.02C and in an effort to increase
pedestrian connectivity to the adjacent subdivisions to the west and to the SpurWing golf course
to the east, staff recommends the applicant provide two (2) additional micropathways.
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J. Landscaping (UDC 11-3B):
Landscaping is required to be provided with development in accord with the standards listed in
UDC 11-3B.
Street buffers are required to be provided along all streets as set forth in UDC Table 11-2B-3 and
landscaped per the standards listed in UDC 11-3B-7C. A 35-foot wide street buffer is required
along both US 20-26/W. Chinden Blvd. an entryway corridors. The applicant has provided a 38-
foot landscape buffer including the City’s 10-foot multi-use pathway. Per UDC-3B-7C-3.b, the
applicant shall provide one (1) tree per 35 linear feet; the proposed landscape plan is short one
1) tree along the southern perimeter of the site. The landscape plan shall be modified to reflect
these standards.
A 25-foot wide buffer to residential uses is required to be provided with development on the C-C
zoned properties in accord with the standards listed in UDC 11-3B-9C. The concept plan depicts
a buffer with landscaping between the subject site and the residential use to the north of the site.
The applicant is working with the property owner to the north to determine height and location of
fencing to further buffer the commercial use. The buffers should facilitate pedestrian access from
the residential to the commercial development in accord with UDC 11-3B-9C.3.
Parking lot landscaping will be required internally within the site in accord with the standards
listed in UDC 11-3B-8C with development. The front plant islands flanking the pathway to the
front entrance shall be revised to a minimum 50 square feet and landscaped with one (1) tree in
accord with UDC 11-3B-8C-2.a or an alternative compliance request shall be submitted with
CZC and DES application.
The current site plan depicts the removal of existing trees from the subject site. The submitted site
plan does include information regarding mitigation, however, if the applicant has not already
done so, they shall contact Elroy Huff, City Arborist, at 888-3579 to confirm mitigation
requirements prior to removal of any trees on the site.
K. Fencing (UDC 11-3A-6, 11-3A-7):
A 6- or 8-foot tall masonry screen wall is proposed along the north boundary adjacent to the
residential use. The applicant is currently working with the property owner to the north to
determine placement, height and material to be used. A detail of proposed masonry wall along
with placement shall be submitted with the CZC and DES application.
L. Utilities (UDC 11-3A-21):
Connection to City sewer services is required. Suez Water will supply water.
Street lighting is required to be installed in accord with the City’s adopted standards,
specifications and ordinances.
See Section VIII-B Below for Public Works comments/conditions.
M. Pressurized Irrigation (11-3A-15)
An underground pressurized irrigation system is required to be provided within the development
as set forth in UDC 11-3A-15.
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N. Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in all developments in accord with the City’s
adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City as set forth in UDC 11-3A-18.
O. Structure and Design Standards (UDC 11-3A-19 | Architectural Standards Manual):
Conceptual building elevations were submitted for the produce market and convenience store as
shown in Section VII.B. The proposed building is approximately 12,459 square-feet, proposed
materials and architectural character is intended to reflect the “country barn” feel of the original
building and site. Final design of the structure shall be consistent with the design standards
listed in the Architectural Standards Manual for commercial districts.
Parking lots for properties greater than 2 acres in size should not have more than 50% of the total
off-street parking area for the site located between the building façade and the abutting streets; as
an alternative, the parking area should be screened by berms, landscaping, walls, architectural
elements or a combination of these elements to produce an appropriate buffer adjacent to public
spaces and roadways as set forth in UDC 11-3A-19B.3. Slightly more than 50% of required on-
site parking is located between the building and W. Chinden Blvd. However, the applicant is
proposing to install trees, shrubs and vegetative groundcover within a 38-foot landscape buffer to
mitigate the expanse of paved area. Traffic calming measures should be provided where vehicle
circulation is directed in front of the building entries and around the east part of the site where
fuel pumps are proposed to be located.
A continuous internal pedestrian walkway that is a minimum of 5 feet in width is required
to be provided from the perimeter sidewalk to the main building entrance(s) and be
distinguished from the vehicular driving surfaces through the use of pavers, colored or
scored concrete, or bricks as set forth in UDC 11-3A-19B.4.
P. Certificate of Zoning Compliance and Design Review
A Certificate of Zoning Compliance and Design Review application is required to be submitted
and approved prior to submittal of a building permit application. Plans submitted with these
applications should comply with UDC standards and the design standards in the Architectural
Standards Manual.
VI. DECISION
A. Staff:
The legal description submitted with the annexation application shows the boundaries of the
property contiguous to land that has been annexed into the City and is within the Area of City
Impact boundary.
The proposed development supports goals within the Comprehensive Plan, is widely supported
by the surrounding community, and by maintaining its original historic character will preserve the
ambience and character of the area. If approved, the proposed facility will continue to serve
surrounding residential neighborhoods by providing fresh fruit, vegetables and other products and
services within walking distance.
For these reasons, staff recommends approval of the proposed CPAM and AZ applications with
the requirement of a Development Agreement per the provisions in Section VII.
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EXHIBIT A
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B. The Meridian Planning & Zoning Commission heard these items on May 2, 2019. At the public
hearing, the Commission moved to recommend approval of the subject CPAM and AZ requests.
1. Summary of Commission public hearing:
a. In favor: Becky McKay, Applicant’s Representative; Mike Wardle, Brighton
Corporation
b. In opposition: Denise LaFever, (in opposition to amount of traffic and change of FLUM
outside of Comp. Plan update, not project in general);
c. Commenting: Becky McKay, Applicant’s Representative; Mike Wardle, Brighton
Corporation; Denise LaFever;
d. Written testimony: None
e. Staff presenting application: Stephanie Leonard
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. Deceleration lane and future expansion of Chinden Blvd. with Costco development;
b. Change from low density residential to commercial land use outside of current
Comprehensive Plan update;
3. Key issue(s) of discussion by Commission:
a. Deceleration lane, ITD requirements, amount of anticipated traffic;
b. Micropathway requirement and pedestrian connectivity to the east and west;
4. Commission change(s) to Staff recommendation:
a. Modify condition 8.c. to strike the requirement to extend a micropathway to the east.
5. Outstanding issue(s) for City Council:
a. None
C. The Meridian City Council heard these items on May 28, 2019. At the public hearing, the Council
moved to approve the subject CPAM and AZ requests.
1. Summary of the City Council public hearing:
a. In favor: Becky McKay, Applicant’s Representative;
b. In opposition: Denise LaFever (in opposition to fuel pumps);
c. Commenting: Becky McKay, Applicant’s Representative; Denise LaFever;
d. Written testimony: None
e. Staff presenting application: Stephanie Leonard
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. Inclusion of fuel pumps in project, associated noise and traffic;
3. Key issue(s) of discussion by City Council:
a. Ten-foot multi-use pathway and ITD easement;
b. Number and location of fuel pumps;
4. City Council change(s) to Commission recommendation:
a. None
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EXHIBIT A
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VII. EXHIBITS
A. Existing and Proposed Future Land Use Map Designation
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B. Annexation and Zoning Legal Description and Exhibit Map
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C. Site/Landscape Plan (date: 2/13/2019)
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D. Building Elevations
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
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.
A CZC and DES application will not be accepted until the DA has been executed.
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:
1. Future development of this site shall be generally consistent with the concept plan and
building elevations included in Section VII and the provisions contained herein.
2. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
3. 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 a building permit.
4. The applicant shall comply with the Fuel Sales Facility standards set forth in UDC 11-4-
3-20.
5. The existing homes and produce barn shall be removed upon development of the site.
6. Business hours of operation in the C-C zoning district are limited from 6:00 am to 11:00
pm when the property abuts a residential use or district; extended hours of operation may
be requested through a conditional use permit as set forth in UDC 11-2B-3A.4.
7. Future development shall comply with the design standards listed in UDC 11-3A-19 and
the City of Meridian Architectural Standards Manual.
8. The site/landscape plan submitted with the CZC and DES application shall include the
following:
a. The applicant shall install wayfinding and directional signage to increase
effective circulation and to alleviate potential stacking and obstruction of the
main entrance.
b. Depict masonry fencing and location proposed along northern boundary adjacent
to the residential use.
c. Depict micropathways connecting to the west and east. Submit a revised concept
plan with CZC and DES application.
d. Add one (1) tree within the street landscape buffer adjacent to W. Chinden Blvd.
e. Modify site plan to include 1 bike parking space for every 25 vehicle parking
spaces.
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f. Modify the front planter islands along the pathway to the front entrance to a
minimum 50 square feet and landscape with one (1) tree in accord with UDC 11-
3B-8C-2a or submit a request for alternative compliance with the CZC and DES
application.
g. Provide written documentation regarding construction of the eastern portion of
the driveway with the CZC and DES application.
h. The applicant shall confirm mitigation requirements with Elroy Huff, the City
Arborist prior to removal of any existing trees.
9. The applicant shall submit written documentation from the adjacent property owner
stating agreement to allow construction of the driveway as shown.
10. Prior to Certificate of Occupancy, the applicant shall submit a public access easement
for a multi-use pathway connecting east-west across the project site, north of the SH
20/26 right-of-way, to the Planning Division for Council approval and subsequent
recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder
each side). Use standard City template for public access easement. Easement checklist
must accompany all easement submittals.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
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
1.2 Applicant shall be required to connect to the existing sanitary sewer system.
1.3 Suez Water will be providing water service to the proposed site.
2 General Conditions of Approval
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 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and
water mains to and through this development.
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 be
dedicated using the City of Meridian’s standard forms. 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 review. Both exhibits must be sealed, signed and dated by a Professional Land
Surveyor. DO NOT RECORD. All easements must be submitted, reviewed, and
approved prior to development plan approval.
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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.
2.5 All existing structures that are required to be removed shall be prior to signature on the
final plat by the City Engineer. Any structures that are allowed to remain shall be subject
to evaluation and possible reassignment of street addressing to be in compliance with
MCC.
2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the area being developed shall
be addressed 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.
2.7 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.
2.8 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.
2.9 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 prior to applying for
building permits.
2.10 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
2.11 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.
2.12 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.
2.13 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.14 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.16 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
2.17 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.
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2.18 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.
2.19 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.
2.20 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.
C. FIRE DEPARTMENT
http://weblink.meridiancity.org/WebLink8/0/doc/164169/Page1.aspx
D. POLICE DEPARTMENT
http://weblink.meridiancity.org/WebLink8/0/doc/165239/Page1.aspx
E. PARKS AND RECREATION DEPARTMENT
http://weblink.meridiancity.org/WebLink8/0/doc/165533/Page1.aspx
F. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/161948/Page1.aspx
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IX. FINDINGS
A. Comprehensive Plan Map Amendment Findings:
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant an amendment to the
Comprehensive Plan, the Council shall make the following findings:
a. The proposed amendment is consistent with the other elements of the Comprehensive
Plan.
City Council finds that the proposed changes to the Future Land Use Map are consistent
with elements of the Comprehensive Plan as detailed in Section VI above.
b. The proposed amendment provides an improved guide to future growth and
development of the city.
City Council finds that the proposal to modify the Future Land Use Map to allow for
commercial uses on this site will be compatible with existing uses in the area and will
provide services to surrounding residential uses as W. Chinden Blvd. is expanded and the
area continues to grow.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
City Council finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis).
d. The proposed amendment is consistent with the Unified Development Code.
City Council finds that the proposed amendment is consistent with the Unified Development
Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
City Council finds the proposed amendment will be compatible with adjacent existing and
future residential and commercial uses.
f. The proposed amendment will not burden existing and planned service capabilities.
City Council finds that the proposed amendment will not burden existing and planned
service capabilities in this area of the city. Sewer and water services exist and will be
extended to this property.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses
that allows sufficient area to mitigate any anticipated impact associated with the
development of the area.
City Council finds the proposed commercial use of this property is consistent with the
proposed map amendment, will not significantly impact existing and future development in
this area and provides a logical juxtaposition of uses.
h. The proposed amendment is in the best interest of the City of Meridian.
For the reasons stated in Sections V and VI and the subject findings above, City Council
finds that the proposed amendment is in the best interest of the City if the applicant enters
into a development agreement to allow for the proposed zoning and future commercial use
of the property.
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B. 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 and develop the subject 2.46 acre property with C-C
zoning consistent with the Commercial designation. (See section V above for more
information.)
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
City Council finds the proposed map amendment and development complies with the purpose
statement of the commercial districts in that it will provide for a neighborhood serving
commercial use consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
City Council finds the proposed map amendment should not be detrimental to the public
health, safety and welfare as the proposed commercial use should be compatible with
adjacent existing and future residential uses in the area.
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
City services are available to be provided to this development. Additionally, the Meridian
Fire and Police Departments currently serve this area.
5. The annexation (as applicable) is in the best interest of city.
City Council finds the proposed annexation is in the best interest of the City with the
conditions in Section VIII of this report.
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