2810 E. Franklin Road (H-2020-0097) Development Agreement 2021-014148 ADA COUNTY RECORDER Phil McGrane 2021-014148
BOISE IDAHO Pgs=27 KRISTINA LOWRY 01/27/2021 10:28 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Daniel Eisenring, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 26th day of January 2021, by and between City of Meridian, a municipal
corporation of the State of Idaho,hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian,Idaho 83642 and Daniel Eisenring whose address is 194 W. Broderick Dr.,Meridian,ID
83646, 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 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 1.1-513-3 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 of
1.01 acres of land with an C-G (General Retail and Service Commercial)
zoning district of the property listed in Exhibit"A"", attached hereto, under
the Unified Development Code, which generally describes how the Property
will be developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and 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 requested rezoning held before
Planning and Zoning Commission and the City Council,includes responses of
DEVELOPMENT AGREEMENT—2810 E.FRANKLIN RD.(II-2020-0097) PAGE I OF 7
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 5t' day of January, 2021, the Meridian City Council
approved certain Revised Findings of Fact and Conclusions of Law and
Decision and Order ("Findings"), which have been incorporated into this
Agreement and attached as Exhibit`B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owner/Developer deem 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
1.10 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 December
19, 2019, Resolution No. 19-2179, 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/DEVELOPOER: means and refers to Daniel Eisenring, whose
address is 194 E. Broderick Dr., Meridian, ID 83646 hereinafter called
OWNER/DEVELOPER,the party that owns and is developing said Property
and shall include any subsequent owner(s)and/or developer(s)of the Property.
DEVELOPMENT AGREEMENT-2810 E.FRANKLIN RD.(H-2020-0097) PAGE 2 OF 7
Item#9.
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to
be annexed and bound by this Development Agreement and 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.
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. Owners/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the conceptual
development plan included in Section VIII.B, of the Staff Report attached to the
Findings of Fact and Conclusions of Law attached hereto as Exhibit"B". and the
provisions contained herein and the applicable standards in the Unified
Development Code.
b. A cross-access/ingress-egress easement shall be granted to the adjoining property to
the west with development as set forth in UDC 11-3A-3A.2. The driveway shall be
constructed within the easements to the property boundary to facilitate future cross-
access between properties.A recorded copy of the easement shall be submitted to the
Planning Division with the Certificate of Zoning Compliance application.
d. The unimproved portion of the site shall be regularly maintained in a manner that
prevents weeds from being a nuisance and prevents wildfire in accord with MCC 4-2.
e. All development shall comply with the structure and site design standards listed in
UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual.
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 parry's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
DEVELOPMENT AGREEMENT—2810 E.FRANKLIN RD.(H-2020-0097) PAGE 3 OF 7
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Item#9.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owners/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) 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 reserve 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 and/or
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
DEVELOPMENT AGREEMENT—2810 E.FRANKLIN RD.(H-2020-0097) PAGE 4 OF 7
Page 176
Item#9.
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.
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 Owners and/or Developer agree 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, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Daniel Eisenring
194 W. Broderick Dr
Meridian, ID 83646
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
DEVELOPMENT AGREEMENT—2810 E.FRANKLIN RD.(H-2020-0097) PAGE 5 OF 7
Page 177
Item#9.
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 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]
DEVELOPMENT AGREEMENT—2810 E.FRANKLIN RD.(H-2020-0097) PAGE 6 OF 7
Page 178
Item#9.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS/DEVELOPER:
Davie isen ng
CITY OF MERIDIAN ATTEST.
By:
Mayor Robert E. Simison 1-26-2021 Chris Johnson, City Clerk 1-26-2021
STATE OF IDAHO )
ss:
County of Ada }
On this day of A' n ,2021,before me,the undersigned,a Notary Public in and for said State,
personally appeared Daniel Eisenring known r identified to me to be the person who signed above and acknowledged to
me that he executed the same.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
RAGHELHOWARD r
NOTARY PUBLIC-STATE OF IDAHO �/
COMMISSION NUMBER6B937 Notary Pilb-I fir' 4
MY COMMISSION EXPIRES 11-29-2022 Residing at: l D
STATE OF IDAHO
My Commission Expires:�j- ZZ
)
ss
County of Ada }
On this 26th day of January 2021, before me, a Notary Public, personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and CIerk,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, 1 have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-
DEVELOPMENT AGRF-EMENT-2810 E.FRANKLIN RD.(H-2020-0097) PAGE 7 OF 7
Item#s. EXHIBIT A
&am
9233 WEST STA-f STREET 1 1301SE,ID 83714 1 X&699.6939 I FAX 208.639.59313
September 22,Z020
Project No,20-113
Exhibit A
Legal Descrlptian for
Annexat ion and Rezone to GG
A parcel of land situated In a portion of the Southeast 1/4 of Section 8,Township 3 North,Range 1 East,
B.M.,Ada County, Idaho and being mare particularkydescrlbedas faliows=
Commenting at a found brass cap marking the Southeast cornet of said Sectlon S.which bears
M89"54'351W is distance of 2,571.03 f-et from a found brass rap marking the South 1/4 corner of said
Section 8;
Thence following the southerly IIne of said Southeast 1/4,N89'54'3V'VV a distame of 1,171.19 feet to
the POINT OF BEGINNING.
Thence following said southerly line,N89'S4'35"W a distance of 152.04 feet;
Thence leaving said southerly line, N07"12'38"E a distance of 290,38 feet to a found 1/2-inch rebaron
th a bounds ry 11 ne of Olson a nd Bush Subdivision Na_3{Book 107,Pages 14,905-14,907 of Plats);
Thence fol lowi mg said subdivision bounda ry line the following two(2)caurses=
1, 589`S$'15" a distance Df 149,84 feet to a found 5/8-inch reba r;
2. 500*13'25"E a distance of 29C154 feet to the PINNIT OF BEGINNING.
Said parcel contains 1,C06 a tees,more or less,a nd is subject to al I exi sti ng easeme itits a nd/or rights-o F-
way of record or implied.
All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded
daa-nent5 of the county in which these described lands are situated In.
Attached hereto is ExhNt B and by the reference is hereby made a part of.
L iq,p.
C
662
U,
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ENGINEERS SURVEYORS PLANNERS
2810 E. Franklin-Exhibit A
Page 180
Item#s. EXHIBIT A
Olson-ond hush Suhdi0sion tdo-3 r
Lat 8 LW 9
—F 89'58'15"E 149.841
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?*7 Proposed Zaning,GG N
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1247.80' PO4NT OF 19MANNING 1171.19' 8 9
N89'54'W 1N 152,04' — 17, i6
S t/4 CORNER S=0N S BASIS OF BEWING POINT OF COMMEROWENT
FOUND BRASS E. Fr €IkIRn Rd. SE CORNER 5EC110N S
PER O2,91 INS-, - 104161694 LEGEND FOUND BRASS CAP
"PL.S �291 42�04"
D 50 10D J50 FOUND BRASS CAP
5/5—INCH MAR
Plan Scale:1"=50' O 1 f2—INIGH KEAR
CALCULAsTF.D FONT
REZONE BOUNDARY
—EX1571h1G RIGHT—OF—WAY
— — —SECTICtq LIME
ENGINEERING — ADJACENT BOUNDARY LINE
9233 WEST STATE ST3IEET
WIU.IPAHO03714
PHONE I208}E39a;aa3 EXHIBIT B
o.+,tE;
bri E+�2o
enjdIP.mm ANNEXATION AND REZONE TO C-
RKMErh 34113
SHEET; A PORTION OF THE S 1f 2 OF THE SE 114 OF
1 OF 1 .SECTION 8,T314, R1E, ADA COUNTY, IDAHO
2810 E. Franklin—Exhibit A
Page 181
►tem#s. EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAN�'
AND DECISION& ORDER ,
In the Matter of the Request for Annexation of 1.01 Acres of Land with a C-G Zoning District,by
KM Engineering.
Case No(s). H-2020-0097
For the City Council Hearing Date of: December 22,2020 (Findings on January 5,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of December 22,2020, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 22, 2020, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 22,
2020, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of December 22,2020, 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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 22,2020, incorporated by reference. The conditions are concluded to
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR 2810 E.FRANKLIN RD.—AZ H-2020-0097 - I - Page 182
Item#9.
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 and zoning is hereby approved with the requirement of a
Development Agreement per the provisions in the Staff Report for the hearing date of
December 22,2020, 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. 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 December 22,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR 2810 E.FRANKLIN RD.—AZ H-2020-0097 -2- Page 183
Item#9.
By action of the City Council at its regular meeting held on the 5th day of January
2020.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 1-5-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR 2810 E.FRANKLIN RD.—AZ H-2020-0097 -3- Page 184
►tem#s. EXHIBIT A
STAFF REPORTC�WEIIDIAN
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING December 22,2020 Legend
DATE: IffIlr1l
II..IJ��`- Luca-or
TO: Mayor&City Council _
FROM: Sonya Allen,Associate Planner
208-884-5533
4
SUBJECT: H-2020-0097
2810 E. Franklin Rd.—AZ `
LOCATION: 2810 E. Franklin Rd.,in the SE 1/4 of
Section 8,Township 3N.,Range 1E.
(Parcel#S 1108449000) -- ----
� r
I. PROJECT DESCRIPTION
The Applicant requests annexation of 1.01 acres of land with a C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.92 of an acre(1.01 including adjacent right-of-way to the
centerline of E.Franklin Rd.)
Future Land Use Designation Commercial
Existing Land Use Single-family residential
Proposed Land Use(s) Flex space
Current Zoning RUT in Ada County
Proposed Zoning Commercial(General Retail and Service Commercial)
Waterways The Snider Lateral crosses the northern portion of this site.
Neighborhood meeting date;#of September 2,2020;3 attendees
attendees:
History(previous approvals) None
Page 1
Page 185
Item#9.
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD Commission No
Action es/no
Access(Arterial/Collectors/State One(1)existing access via E.Franklin Rd.,an arterial street
Hwy/Local)(Existing and Proposed) and entryway corridor,proposed to remain
Fire Service No comments were submitted.
Police Service No comments were submitted.
Wastewater
Distance to Sewer Services Directly adjacent in Franklin Rd.
Sewer Shed Five Mile Trunk
Estimated Project Sewer ERU's See application
WRRF Declining Balance 13.98
Project Consistent with WW Yes
Master Plan/Facility Plan
Impacts/Concerns No comment
Water
Distance to Water Services Directly adjacent in Franklin Rd.
Pressure Zone 3
Estimated Project Water ERU's See application
Water Quality None
Project Consistent with Water Yes
Master Plan
Impacts/Concerns No comment
C. Project Maps
Future Land Use Map Aerial Map
ffLegend R � Legend
I Project El
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Page 2
Page 186
Item#9.
Zoning Map Planned Development Map
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III. APPLICANT INFORMATION
A. Applicant:
Stephanie Leonard,KM Engineering—9233 W. State St., Boise, ID 83714
B. Owner:
Daniel Eisenring— 194 W. Broderick Dr.,Meridian, ID 83646
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 10/30/2020 12/4/2020
Radius notification mailed to
property owners within 300 feet 10/30/2020 12/1/2020
Public hearing notice sign posted
11/5/2020 12/3/2020
on site
Nextdoor posting 10/30/2020 12/2/2020
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: This property is designated as Commercial on the Future Land Use Map (FLUM)in the
Comprehensive Plan. The Commercial designation provides for a full range of commercial uses to serve area
residents and visitors. Desired uses may include retail,restaurants,personal and professional services,and
office uses, as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in
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some cases but should be careful to promote a high quality of life through thoughtful site design,
connectivity and amenities.
The Applicant proposes to redevelop this site for a flex space use that will consist of office and warehouse
space for an automotive tool and equipment supplier.
Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable
to this application and apply to the proposed use of this property(staff analysis in italics):
• "Encourage infill development."(3.03.01E)
The Comprehensive Plan defines infill as "development on vacant parcels, or redevelopment of
existing parcels to a higher and better use that is surrounded by developed property within the City
of Meridian."The subject property abuts City annexed land to the north, east and south and is
proposed to redevelop with a commercial use.
• "Focus development and redevelopment intensity on key transportation corridors." (3.07.02C)
The subject property and proposed flex space use is located adjacent to E. Franklin Rd., a key
transportation corridor and entryway corridor into the City. Redevelopment of this property to a
commercial use is an appropriate intensity in this location along a major transportation corridor.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The property to the north is zoned industrial(I-L); the property to the northwest is developed with a
landscape supply business and the property directly to the north is undeveloped. The property to the
east is vacant/undeveloped land zoned C-G. The office proposed in the existing building adjacent to
Franklin Rd. and the warehouse proposed in the rear building facing industrial zoned land should
be compatible with existing and future abutting industrial and commercial uses.
• "Require appropriate landscaping,buffers, and noise mitigation with new development along
transportation corridors(setback,vegetation, low walls,berms, etc.)."(3.07.01C)
A 35 foot wide landscaped street buffer will be required with development along E. Franklin Rd., an
arterial street and entryway corridor, landscaped per the standards listed in UDC 11-3B-7C.
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
City water and sewer service is available in E.Franklin Rd. and can be extended by the developer
with development in accord with UDC 11-3A-21.
• "Require appropriate building design, and landscaping elements to buffer, screen,beautify, and
integrate commercial,multifamily, and parking lots into existing neighborhoods."(5.01.02D)
Street buffer and parking lot landscaping will be required with development in accord with the
standards listed in UDC 11-3B-7C and 11-3B-8C, respectively. The design of the new structure is
required to be consistent with the standards listed in the Architectural Standards Manual.
• "Reduce the number of existing access points onto arterial streets by using methods such as cross-
access agreements, access management, and frontage/backage roads, and promoting local and
collector street connectivity."(6.01.02B)
The Applicant will be required to grant cross-access easements to adjacent properties to the east
and west with development in accord with UDC 11-3A-3A.2, unless otherwise waived by Council.
The Applicant is requesting a waiver from City Council to not provide cross-access easements to
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adjacent properties due to the topography of the site combined with the space available for
development with retention of the existing structure.
• "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms
to the City's vision and the necessary extension of public services and infrastructure is provided."
(3.03.03)
The proposed annexation and flex space use of the property conforms to the City's vision and City
water and sewer services are available to be extended to the property. Fire and police service are
already provided in this area.
VI. STAFF ANALYSIS
A. ANNEXATION&ZONING
The area proposed to be annexed consists of 1.01 acres of land and includes land to the section line of E.
Franklin Rd. The property is currently zoned RUT and located in Ada County. The Applicant proposes
to annex the property into the City with a C-G zoning district consistent with the associated FLUM
designation of Commercial. A conceptual development plan is proposed as shown in Section VIII.B.
The proposed annexation area is contiguous to City annexed property and is within the Area of City
Impact Boundary. A legal description and exhibit map for the annexation area is included in Section
VIII.A.
The topography of this site slopes down significantly from Franklin Rd. to the north property boundary
and has approximately a 20 foot grade difference as shown on the grading plan in Section VIII.B. A
retaining wall is depicted on the concept plan at the north and west boundaries of the area proposed to be
improved with this project.
There is an existing residential home on the property that the Applicant proposes to remodel and expand
for a flex space use. The concept plan depicts 2,239 square feet(s.f.) of office on the first floor and 1,550
s.f. of office and support uses in the basement of the existing structure, and a new 2,600 s.f. structure for
a warehouse.The new structure is proposed to the north behind the existing structure and will include a
daylight basement. The user will be an automotive tool and equipment supplier, classified as a flex space
use. The business proposes to sell products online to automotive businesses and at-home mechanics and
will not conduct any retail sales on the site.
Flex space is listed in UDC Table 11-213-2 as a principal permitted use in the C-G zoning district subject
to the specific use standards listed in UDC 11-4-3-18: Flex Space,as follows:
A. Office and/or retail showroom areas shall comprise a minimum of thirty percent(30%) of the
structure and/or tenant space. The proposed office/support use comprises approximately 60%of
the structure in accord with this standard; retail sale of products to the public is not proposed.
B. Light industry and warehousing shall not comprise more than seventy percent(70%)of the
tenant space.At approximately 40%, the proposed warehouse area complies with this standard.
C. In the C-C, C-G and M-E Districts,roll-up doors shall not be visible from a public street. One
roll-up door is proposed at the rear of the structure, which isn't visible from E. Franklin Rd.
D. Except in the I-L and I-H Districts,loading docks are prohibited.No loading docks are
proposed; because this property is proposed to be zoned C-G, loading docks are prohibited.
E. Retail use shall not exceed twenty five percent(25%)of leasable area in any tenant space. No
retail sales are proposed.
The proposed use and site design complies with the above listed standards. Compliance with the
dimensional standards for the C-G zoning district listed in UDC Table 11-2B-3 is also required. The
existing and proposed structures comply with the minimum setback requirements of the district. A 35'
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wide street buffer is required with development along Franklin Rd., an entryway corridor, landscaped per
the standards listed in UDC 11-313-7C.
The existing driveway access via Franklin Rd. is proposed to remain for access to the site and has been
approved by ACHD. Because it closely aligns with a driveway on the south side of Franklin Rd.,
relocation of the driveway is not recommended. The UDC (11-3A-3A.2)requires cross-access/ingress-
egress easements to be granted to adjoining properties where access to a local street is not available,
unless otherwise waived by City Council. In accord with this standard,because access isn't available via
a local street, Staff recommends cross-access easements are provided and driveways constructed to the
properties to the east and west. A 20-foot wide cross-access easement is depicted on the concept plan
to the east and west but the Applicant requests Council approval of a waiver to this requirement to
not provide cross-access easements due to the topography of the site and site constraints related to
the space available for development.At a minimum, Staff recommends Council require cross-
access to the west.Note: Staff contacted Ada County to see if a cross-access easement was provided to
the subject property with re-development of the adjacent property to the west but has yet to receive an
answer. Update:Ada County replied back that a cross-access easement wasn't provided to the subject
property with redevelopment of the site in 2002 (File#02-33-MSPe
A minimum of one(1) off-street vehicle parking space is required to be provided for every 500 square
feet of gross floor area; and one(1)bicycle parking space is required for every 25 proposed vehicle
spaces or portion thereof. Based on 6,389 square feet, a minimum of 12 vehicle spaces and one(1)
bicycle space is required. A total of 13 spaces are depicted on the conceptual site plan,including an
ADA space,which is one more than required. However, if cross-access driveways are provided to
adjacent properties as required by the UDC, it will reduce the parking by up to(3)spaces,which will
result in parking below the required minimum standard. If a waiver is not approved by Council to the
requirement for cross-access to be provided to adjacent properties to the east and west,the Applicant
may apply for alternative compliance to UDC 11-3C-6B.1; or,construct a smaller addition to reduce the
parking requirement.
Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-
3B-8C,which requires a minimum 5-foot wide perimeter landscape buffer adjacent to parking,
loading or other paved vehicular use areas,landscaped per the standards listed in UDC 11-311-
8C.1b.A retaining wall and fence is proposed along the west boundary adjacent to the parallel
parking spaces where the buffer is required,which doesn't leave adequare area for landscaping.If
the site cannot be reconfigured to comply with this standard, alternative compliance may be
requested with the Certificate of Zoning Compliance application.
The Snyder Lateral exists in a 40-foot wide easement on the northern portion of the property that is not
proposed to be improved. All irrigation laterals are required to be piped unless improved as a water
amenity or linear open space as defined in UDC 11-1A-1 as set forth in UDC 11-3A-6B. The City
Council may waive this requirement if it finds the public purpose requiring such will not be served and
public safety can be preserved per UDC 11-3A-6B.3a. The Applicant proposes to fence off the area
where the lateral is located to preserve public safety and requests a Council waiver to this
requirement.
Because a large portion of this site on the north end is not proposed to be improved, Staff
recommends weeds are regularly maintained in this area so as not to create a nuisance and in a
manner that prevents wildfire in accord with MCC 4-2.
Conceptual building elevations with materials were submitted as shown in Section VIII.0 of the remodel
of the existing structure and proposed addition. The materials for the front fagade and sides of the
existing building consist of stucco with pre-finished metal siding and stone veneer accents; the materials
for the proposed warehouse addition consist of a mix of horizontal and vertical metal siding. All
improvements to the existing structure and new construction are required to comply with the
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design standards listed in the Architectural Standards Manual. A Certificate of Zoning
Compliance and Design Review application is required to be submitted to the Planning Division
and approved prior to submittal of a building permit application.
The City may require a development agreement(DA) in conjunction with an annexation pursuant to
Idaho Code section 67-651 IA. To ensure the site develops as proposed with this application and as
recommended by Staff in accord with UDC standards,Staff recommends a DA is required as a
provision of annexation(see provision in Section IX.A).
VII. DECISION
A. Staff:
Staff recommends approval of the proposed Annexation&Zoning with the requirement of a
Development Agreement per the provisions in Section IX in accord with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard this item on November 19,2020. At the
public hearing,the Commission moved to recommend approval of the subject AZ request.
1. Summary of Commission public hearing_
a. In favor: Stephanie Leonard,KM Engineering(Applicant's Representative)
b. In opposition:None
C. Commenting. None
d. Written testimony: Stephanie Leonard,KM Engineering(Applicant's Representative)
e. Staff presenting gpplication: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. None
3. Key issue As)of discussion by Commission:
a. If favor of the proposed improvements to the existing structure and use;
b. Adequacy of the proposed parking in relation to the square footage of office use
proposed;
C. Possibility of relocating the storm drainage area to allow for more parkin to o be
provided.
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s) for City Council:
a. The Applicant requests Council waivers to the UDC requirements for cross-
access/ingress-egress easements to be granted to the adjacent properties to the east&
west; and for the Snyder Lateral on the northern portion of the site to be piped.
C. The Meridian City Council heard this item on December 22,2020. At the public hearing.the
Council moved to approve the subject AZ request.
I. Summary of the City Council public hearing:
a. In favor: Stephanie Leonard,KM Engineering(Applicant's Representative)
b. In opposition:None
C. Commenting:None
d. Written testimony: Stephanie Leonard,KM Engineering(Applicant's Representative)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
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Item#9.
a. The Applicant's request for a waiver to the requirement for cross-access easements to be
provided to the adjacent properties to the east and west—discussion of various options:
b. The Applicant's request for a waiver to the requirement to pipe the Snyder Lateral.
4. City_ Council change(s)to Commission recommendation.
a. The City Council voted to approve the Applicant's request for a waiver to not be
required to pipe the Snyder Lateral: and.
b. The City Council voted to require a cross-access ingress/egress easement and driveway
to be provided only to the property to the west(not to the east).
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VIII. EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
kM
9233 WE57 STATE STREET I BOISE ID 83714 1 2fl$.6 M939 1 PAX 208.639.6934
September 22,2020
Project No.20-113
Dd ibit A
Legal IOesariptian for
Amreuatlan and Reaorre to C-G
A parcel of land situated in a portion of the Southeast 1/4 of Section 8,Township 3 North,Range 1 East,
B.M.,Ada County, Idaho and being more particularly descrlbed as follows:
Commencing at a found brass cap marking the Southeast corner of said Section 8,whlch bears
11489"54'35"W a distance of 2,571.03 faet from a found hraSS rap marking the South 114 corner of said
section 8;
Thence following the southerly I I ne of said Southeast 1/4,N89'54`35"W a distance of 1,171.79 feet to
the POINT GF BEGINNING.
Thence following said southerly line,N89'54'35"W a distance of 152.04 feet;
Thence leavIng said southerly line,N07 12'38"E a distance of 290.38 feet to a found 1/2-inch rebaron
the boundary line of Olson and Bush Subdivlslon No_3(Book 107,Pages 14,905—14,907 of Plats);
Thence fallowing said subdIvislon boundary line ttie foWvAng two(2)courses:
1. 589'58'15"E a distance of 149.84 feet to a found 5/8-inch rehar;
2. 500'13'25"E a distance of 29C1.54 feet to the PCHNIT OF BEGINNING.
Said parcel contains 1.005 acres,more or less,and is subject to ali existing easements and/or rlghts-of-
way of record or implied.
All subdivisions,deeds,retards of surveys,and other instn rrients of record referenced herein are recorded
documents of the county in whldWese described laroft are situated In.
Attached hereto is FxhI t B and by this reference is hereby made a part of.
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Item#9.
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
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 conceptual development
plan included in Section VIII.B, applicable standards in the Unified Development Code, and the
provisions contained herein.
b. A Ecross-access/ingress-egress easements shall be granted to the adjoining propertiesy to the
east an west with development as set forth in UDC 11-3A-3A.2, less athef ise waived by
City Cou . The Pdriveways shall be constructed within the easements to the property
boundary to facilitate future cross-access between properties. A Rrecorded copiesy of the
easements shall be submitted to the Planning Division with the Certificate of Zoning
Compliance application.
e. The Sffyder-Later-a!,lying on the noi4hefn pot4ien of the sttbj ect pr-apeFt-f, shall be piped of
ethefwise eovefed with developmefft as set fefth in UDG 11 3A 6B,unless other-wise waived-by
CityCetineil.The Council approved a waiver to UDC I1-3A-6B to allow the Snyder Lateral to
remain open and not be piped.
d. The unimproved portion of the site shall be regularly maintained in a manner that prevents
weeds from being a nuisance and prevents wildfire in accord with MCC 4-2.
e. All development shall comply with the structure and site design standards listed in UDC 11-3A-
19 and the design standards listed in the Architectural Standards Manual.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Sanitary sewer and water service lines currently exist to this address.
C. FIRE DEPARTMENT
No comments were received.
D. POLICE DEPARTMENT
No comments were received.
E. PARK'S DEPARTMENT
No comments were received.
F. ADA COUNTY DEVELOPMENT
https:llweblink.meridiancity.orglWebLink/Browse.aspx?id=214628&dbid=0&repo=MeridianCity
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Item#9.
G. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=21641 S&dbid=0&repo=Meridian City
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-513-3E)
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 City Council finds the Applicant's proposal to annex the subject 1.01 acre property with a C-G
zoning district for the development of a flex space use is consistent with the associated Commercial
FL UM designation for this property. (See Section V above for more information)
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment and subsequent development will comply with
the regulations of the C-G zoning district and will provide for the service needs of the community in
accord with the purpose statement of the Commercial districts.
3. The map amendment shall not be materially detrimental to the public health,safety, and
welfare;
The City Council finds the proposed map amendment will not be detrimental to the public health,
safety and welfare.
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 City Council finds the proposed map amendment will not result in an adverse impact upon the
delivery of services by any political subdivision providing public services within the City, including
the school district.
5. The annexation(as applicable)is in the best interest of city.
The City Council finds the proposed annexation is in the best interest of the City.
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