3175 N. Ten Mile Rezone (H-2020-0122) DA (2021-135666) ADA COUNTY RECORDER Phil McGrane 2021-135666
BOISE IDAHO Pgs=33 ANGIE STEELE 09/15/2021 10:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Vincent Rigby, Owner/Developer
TT4IS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 14th day of September , 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 Vincent Rigby, whose address is 4163 Philomena Drive,Meridian, ID
83646, hereinafter called O"ER/DEVELOPBR.
1. CITALS:
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 11-58-3 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 a Modification to remove the
property listed in the attached Exhibit "A" from the existing Development
Agreement(Instrument# 111024535)to be bound by this new agreement to be
consistent with the proposed development plan, under the Unified
Development Code, which generally describes how the Property will be
developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearing
before the Meridian City Council, as to how the Property will be developed
and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested Development
Agreement Modification held before the City Council, includes responses of
DEVELOPMENT AGREEMENT—3175 N.TEN MILE(H-2020-0122) PAGE 1 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 8th day of June, 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 new
Development Agreement on only the subject property listed in Exhibit"A"
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, The subject property listed in Exhibit "A" shall no longer be
subject to the terms of the existing Development Agreements (Inst.
#111024535)upon the property owner(s) entering into this new agreement.
1.11 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/DEVELOPER: means and refers to Vincent Rigby, whose
address is 4163 Philomena Drive, Meridian, ID 83646 hereinafter called
DEVELOPMENT AGREEMENT-3175 N.TEN MILE(H-2020-0122) PAGE 2 OF 7
OWNER/DEVELOPER,the party that is developing said Property and shall
include any subsequent developer(s)of the Property.
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 rezoned 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. Show the access to Ustick as an entrance-only and include appropriate signage
and striping to inform patrons that it is not an exit for the site; work with
ACHD on any allowed curbing within the right-of-way to help ensure this
access is for ingress only;
b. The proposed access to N. Ten Mile Road shall be limited to a right-in/right-
out only access;
C. At the time of Certificate of Zoning Compliance application submittal, the
landscape plan shall show landscaping between the detached sidewalks and
the back of curb abutting the adjacent arterial streets, Ustick and Ten Mile
Roads,per UDC 11-3B-7;
d. Show the required landscape buffer adjacent to the existing residential use to
be 30 feet wide instead of 20 feet along the southern boundary and the
southwest boundary adjacent to parcels R2833240190 and R2833240180,
respectively;
e. The allowed uses on the subject site shall be limited to professional services,
personal services, and healthcare and social services.
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:
DEVELOPMENT AGREEMENT-3175 N.TEN MILE(H-2020-0122) PAGE 3 OF 7
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty(180)days;provided,however,that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) 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.
DEVELOPMENT AGREEMENT-3175 N.TEN MILE(H-2020-0122) PAGE 4 OF 7
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
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:
Vincent Rigby
4163 Philomena Drive
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.
DEVELOPMENT AGREEMENT-3175 N.TEN MILE(H-2020-0122) PAGE 5 OF 7
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other parry 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 and/or 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 and/or 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 parry (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 re-zoning of the Property and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT-3175 N.TEN MILE(H-2020-0122) PAGE 6 OF 7
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
incent y
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 9-14-2021 Chris Johnson, City Clerk 9-14-2021
STATE OF IDAHO )
ss:
County of Ada )
On this_A,.day of Snow, 2021,before me,the undersigned, a Notary Public in and for said State,personally
appeared Vincent Rigby known or identified to me to be the person who signed above and acknowledged to me that he
executed the same.
IN WITNESS WHERE vN o set
�0
my hand and affixed my official seal the day and year in this
certificate first above written. ��. ' ' ' ' •.
Notary Public for
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•;�,,.oAVBL�G ti`O•� Residing at: /°Je�•�/•a�, TD
5t26��o 0 My Commission Expires: 5' 46
STATE OF IDAHO ) r�rE 0-F 1 O Pa
ss
County of Ada )
On this 14th day of September ,2021,before me, a Notary Public,personally appeared Robert E.
Simison 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 my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—3175 N.TEN MILE(H-2020-0122) PAGE 7 OF 7
EXHIBIT A
A. Rezone Exhibit and Legal Description
Professional Engineers,Land Surveyors and Planners
Ma,5cyn &
924 3"'St.So.Nampa,Ill 83651
5 c>C is fc--5 Ph(208)454-0256 Fax(208)467-4130
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FOR: McCarter-Moorchousc
JOB NO.:A131920
DKITI: October 15,2020
PROPERTY DESCRIPTION
A parcel of land being a portion.of Government Lot 1 of Section 3,'Township 3 North,Range I West
)vast,Boise Meridian,Ada County Idaho,more particularly described t:s follows:
Commencing at the northeast corner of Government Lot 1,said corner being S 89°07'06"E a distance
of 2G40.66 Fect from the N LA of Section 3;
Thence N 99'07'22"W a distance of 285.88 feet along the north boundary of Government Lot 1;
Thence S 00°23' 51"W a distance of 0l.00 Feet to a point on the northerly right of Way of Ustick Road;
Thence S 89'07'22"E a distance of 30.12 feet thong the northerly right of way of Ustick Road to the
110INT OF BEGINNING;
T11crice S 89'07'22"E a distance of 167.57 feet along the northerly right of way of Ustick Road;
Thence S 47'20'44"E a distance of 42.40 Feet a€nog the nmrtherly right Of WEly of Ustick Road to a
point on the westerly right of way of Ten Mile Road;
Thcncc S 00'24'09"W a distance of 275.57 feet along the westerly right of way of Ten Mile Road to a
point on the northerly boundary of Firelight]:states;
Thence along the northerly boundary of Firelight L'states the following courses and distances;
Thence N 89'36' 15"W a distance of 1.13.16 feet;
Thence N 00'23' 51"R a distance of 110.07 feet;
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Professional Engineers,Land Surveyors and Planners
PNge I oft
3175 N. Ten Mile Rezone H-2020-0122
Thenec N 89107' 59"W a distance of 85.77 feet to the northwest corner of Lot 8 Block 2 of Firelight
Estates;
'thence N 00'23'5 1"E a distance of 194.72 feet along the easterly boundary of Lot 2 Block 5 of
Englewood Crock Estates Subdivision No. l extended to the POINT OF SEC INNING.
This parcel contains 1.1 G acres more or less.
SUBJECI-FO:All existing rights of way and easements of record or implied appearing on the above-
dcseribed parcel of'land.
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Page 2 o€2
PARCEL EXHIBIT
A PART OF THE NE 114,SECTION 3,T.3 N.,R. 7 W.,SM
MERIDIAN,IDAHO
2020
0 50 too 2.00
l
Scale: 1"-100'
NW Corner
N1/4 Comor Ce'rcrnment NE Corner
Secilon 3 S89'06'501E Lot I S89'07'22'C US71CK ROAD Covernmcnt
N8907'22''N --- Lot f
1034.35' I
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589-0 7'22'!:"
L2 _ 167.57' op I a
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Porcal Lina Table o I PARCEL 5 1
2I -+1.16 AC,
Line i Lanyth Diroctlon
L1 ei.00 S0'23'51V J n x t
L2 30.12 S89'0722E N89'07'59"W o N jIf
N1 i 85.77� I
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LEGEND z
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N893S�fS t
p CALCULATED POINT SE Corner
ra FOUND BRASS CAP UONWENT 713.16' cove Loi 1rnment
ED FOUND ALUxfINUM CAP MONUMENT
FOUND 5/8"iRM P!N
_ DEED LINE
—---— SECTION LINE
McCARTER MOOREHOUSE
PARCEL EXHIBIT
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EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW (:�VE Nty
AND DECISION & ORDER
In the Matter of the Request to Rezone a 1.16 acre property from R-4 to the L-O zoning district
commensurate with a provision within the Meridian Comprehensive Plan for the purpose of
constructing an approximate 10,000 square foot office building in lieu of residential development
and a Development Agreement Modification to replace the existing agreement(Inst.#111024535)
and enter into a new agreement to develop the site consistent with the proposed development plan,
by Mason &Associates.
Case No(s). H-2020-0122
For the City Council Hearing Date of: May 25,2021 (Findings on June 8,2021)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 25, 2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 25,2021,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 25, 2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 25, 2021,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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3175 N.Ten Mile Rezone—FILE#H-2020-0122) I
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 25,2021, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Rezone and Development Agreement Modification is hereby
approved per the conditions of approval in the Staff Report for the hearing date of May 25,
2021,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner,and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2)years, may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3175 N.Ten Mile Rezone—FILE#H-2020-0122) 2
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-6F).
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 May 25,2021.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3175 N.Ten Mile Rezone—FILE#H-2020-0122) -3-
By action of the City Council at its regular meeting held on the 8th day of June
2021.
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 6-8-2021
Attest:
Chris Johnson 6-8-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 6-8-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3175 N.Ten Mile Rezone—FILE#H-2020-0122) -4
EXHIBIT A
STAFF REPORT E IDIAN -
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 5/25/2021 Legend (1
DATE: ii --
�® Project Location '
TO: Mayor&City Council
FROM: Joe Dodson,Associate Planner
208-884-5533 _?
SUBJECT: H-2020-0122 f 6
3175 N. Ten Mile Rezone . c
LOCATION: The site is located at 3175 N. Ten Mile -
Road,the southwest corner of the Ten
Mile and Ustick Road intersection, in the u
NE 1/4 of the NE 1/4 of Section 3, _,�• `
Township 3N.,Range 1W.
I. PROJECT DESCRIPTION
Request to rezone a 1.16 acre property from R-4 to the L-O zoning district commensurate with a
provision within the Meridian Comprehensive Plan for the purpose of constructing an approximate
10,000 square foot office building in lieu of residential development and a Development Agreement
Modification to replace the existing agreement(Inst. #111024535)and enter into a new agreement to
develop the site consistent with the proposed development plan,by Mason&Associates.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.16
Future Land Use Designation Medium Density Residential(3-8 du/ac)
Existing Land Use(s) Vacant land
Proposed Land Use(s) Commercial—Office
Lots(#and type;bldg./common) One(1)building lot
Phasing Plan(#of phases) Proposed as one phase
Neighborhood meeting date;#of October 7,2020— 1 attendee and 1 letter received
attendees:
History(previous approvals) AZ-10-005 (ACHD Ten Mile);DA Inst.#111024535
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
Page 1
Description Details Page
• Requires ACHD Commission No
Action es/no
Access(Arterial/Collectors/State Two accesses are proposed,both to the adjacent Arterial
Hwy/Local)(Existing and Streets—Access on Ustick is limited to a Right-in only by
Proposed) ACHD;Access to Ten Mile is proposed as a right-in/right-
out access.
Stub Street/Interconnectivity/Cross No stub street connections are available due to site location
Access and existing development. Cross-access is not feasible or
proposed.
Existing Road Network Yes
Existing Arterial Sidewalks/ Existing sidewalk;buffer is not properly vegetated currently
Buffers
Proposed Road Improvements No road improvements are proposed or required.
Fire Service
• Distance to Fire Station 0.5 miles from Fire Station#2
• Fire Response Time This project lies within the Meridian Fire response time goal
of 5 minutes.
• Accessibility Proposed project meets all required access,road widths,and
turnarounds.If right-in only access is removed,Fire desires it
to become an emergency-only access.
Police Service
• Concerns None
Wastewater
• Distance to Sewer Services N/A
• Sewer Shed Ten Mile Trunkshed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 14.08
• Project Consistent with WW Yes
Master Plan/Facility Plan
• Impacts/Concerns •Flow is committed
• Services are installed to site from W.Niemann Drive from
the West.
Water
• Distance to Services 0'
• Pressure Zone 2
• Estimated Project Water See application
ERU's
• Water Quality Concerns None
• Project Consistent with Water Yes
Master Plan
• Impacts/Concerns •There is no water infrastructure shown in this application.
•There are two existing water stubs:one to the north off of
Ustick;and one to the east off of Ten Mile.Any stub that is
not used is required to be abandoned.
Page 2
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IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 3/12/2021 5/7/2021
Radius notification mailed to
properties within 500 feet 3/9/2021 5/4/2021
Site Posting 3/20/2021 5/7/2021
Nextdoor posting 3/9/2021 5/3/2021
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https:llwww.meridianciu.or /�pplan)
Medium Density Residential(MDR)—This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre. Density bonuses may be considered with the
provision of additional public amenities such as a park, school, or land dedicated for public
services.
The subject site is somewhat of a residentially zoned outparcel due to the fact it located on a hard
corner of two arterial streets and has no local street access to be utilized. The Meridian
Comprehensive Plan has a provision to allow properties less than two acres in size (subject site
is 1.16 acres) that have the access constraints to request a Rezone from a residential district to
the Limited Office (L-O) district. The existing site constraints and this provision of the
comprehensive plan are the reasons for the Rezone request.
The L-O zoning district and office uses are not inherently allowed or compatible within the MDR
future land use designation. However, with the allowed provision, office uses may occur with
added requirements that deal with mitigating any noxious uses or incompatibilities of having an
office near single-family residential. The Applicant has submitted a site plan that shows
compliance with all dimensional standards for a commercial development and within the L-O
zoning district. With the proposed site plan and proposed use of a dental office (a principally
permitted use within the L-O zoning district) Staff finds the proposed Rezone and use to be
generally consistent with the Meridian Comprehensive Plan.
Part of the site design shows a landscape buffer adjacent to the abutting residential which is a
requirement of the existing Development Agreement(DA)for the subject site. This DA was
required when the property was annexed into the City for ACHD in 2010.As Staff analyzed the
subject application and site history, Staff realized that a Development Agreement Modification is
also required due to the original DA being for a residential development and not a commercial
development. Therefore, the proposed Rezone and office use are not generally consistent with the
existing DA. DA Modifications only require Council action so,following the Commission hearing
the Staff recommends the Applicant submit a DA Modification application to run concurrently
with this Rezone application for the purpose of entering into a new DA, subject to proposed
development plan and new DA provisions in Section VIII.A below.
The Applicant has submitted a concurrent DA Modification application since being heard at the
Planning and Zoning Commission hearing; as noted above, the new DA provisions are provided
below in Section VIII.A1.
Stafffinds the proposed project and site design to be generally consistent with the Comprehensive
Plan.
Page 4
B. Comprehensive Plan Policies (https://www.meridiancity.or /�pplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities, and other best site design practices" (3.07.01A). The
proposed commercial project sets the building as far away from the existing residential as is
physically possible. In addition, the Applicant is showing the required landscape buffer adjacent
to the existing homes to the south and west. Because of the proposed layout and landscape
buffering, the proposed building and use should be compatible with the surrounding residential
uses, especially after Staff's recommended revisions discussed in later sections regarding the
fencing and landscape buffer width.
"Establish and maintain levels of service for public facilities and services, including water, sewer,
police,transportation, schools, fire, and parks"(3.02.01 G).All public utilities are available for
this project site due to the existing stubs abutting the site,per Public Works comments. This
project also lies within the Fire Department response time goal by being within half a mile of a
Fire Station. School capacity is not a factor in a commercial development. A project of this small
size should not impact the abutting transportation corridors but the Applicant's proposal to
utilize an entrance that is part of a turn-lane for the main intersection is not supported by code.
Staff finds that the existing development of the immediate area and proposed use create
conditions for adequate levels of service to and for this proposed project.
"Support the inclusion of small-scale neighborhood commercial areas within planned residential
developments as part of the development plan,where appropriate."(3.06.02A). The proposed use
directly abuts residential homes but has no shared accesses with these homes. However, there is
easy pedestrian access to the proposed dental office from the adjacent subdivisions via the local
and arterial sidewalks. Locating a neighborhood commercial use like that of a dental office near
residential with easy pedestrian and vehicle access meets the intent of this comprehensive plan
policy.
"Require appropriate building design, and landscaping elements to buffer, screen,beautify, and
integrate commercial,multifamily, and parking lots into existing neighborhoods."(5.01.02D).
With the proposed building elevations showing a 22'high building at its maximum and the
required landscape buffer to the adjacent residential uses, the proposed use should be integrated
with the existing neighborhood.
"Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.0113).Proposed project is maintaining the existing detached
sidewalks along Ustick and Ten Mile and shows sidewalk connections from building entrance to
the arterial sidewalks. The proposed pedestrian accesses should be adequate for the proposed
use.
"Ensure that new development within existing residential neighborhoods is cohesive and
complementary in design and construction."(2.02.02F).As discussed, the Applicant is proposing
a commercial development that places the building the furthest away from the residential it can
be and proposes a 20 foot wide landscape buffer adjacent to the homes. The site design and
landscaping should provide for a use that is complementary to the existing homes.
Staff finds this development to be generally consistent with the Comprehensive Plan in order
support the proposed office use.
Page 5
C. Existing Structures/Site Improvements:
There are no existing structures on site. Subject site has two water stubs to the property and a
sewer service line stubbed to it from the west through a driveway located on an adjacent City
owned property.No other site improvements are known at this time.
D. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant submitted conceptual building elevations of the proposed single-story commercial
building. The submitted elevations show a single story building approximately 22' to top of plate
in the area of the building that directly abuts the intersection; this area is meant to hold the corner
of this intersection. The remaining portions of the building are approximately 17.5' in height.
Overall the building is shown with varying parapet heights, a stone material banding along the
bottom of the building,horizontal wall modulation, and a main field material that appears to be
stucco. The south facing elevation also shows awnings and windows nearly the length of the
building lending itself to a modern storefront feel.
New commercial buildings require Administrative Design Review prior to building permit
submittal so Staff will perform a more complete analysis of the proposed elevations at the time
of that application submittal. Staff recommends the north facing elevation incorporate an
additional field material to satisfy one or more of the architectural standards.
E. Proposed Use Analysis:
The proposed use is a dental office within a proposed commercial building approximately 10,000
square feet in size. This use is a permitted use within the requested L-O zoning district per UDC
Table 11-2B-2.
The existing DA provision that requires a 20'landscape buffer adjacent to the three existing
residences to the south and west. The submitted site plan shows this buffer with adequate
landscaping and therefore compliance with this provision.A number of the parking spaces are
facing directly towards one of the homes and there is an existing wood fence located along the
shared property lines. Because the proposed use would have more vehicular traffic than
residential, Staff finds that the proposed landscaping and existing wood fencing may not be
enough screening to mitigate light and noise pollution from the proposed dental office and
parking lot. City of Meridian does not allow double fencing so if any solid fencing were to be
required it would have to replace the existing fencing and may require this Applicant work with
the adjacent homeowner if the fence is not owned by this land owner, convoluting the process and
end result. The Applicant should work with the adjacent homeowners to replace the wood fencing
with privacy vinyl fencing.
F. Dimensional Standards(UDC 11-2):
The proposed site plan shows compliance with all UDC dimensional standards per the submitted
plan for the proposed L-O zoning district as outlined in UDC Table 11-213-3.
The submitted site plan shows parking space at the required 19'depth and 9'width with all drive
aisles being at least 25'wide to accommodate two-way traffic and adequate space for emergency
services. In addition, the main drive aisle in the center of the site is at least 41'wide which is well
beyond the required width.
As noted above, the Applicant is showing the DA required 20'landscape buffer but Staff believes
there is a better use of the site area when the drive aisle width is also considered. For example, to
further mitigate any issues with the proposed office use and parking spaces abutting the
residential homes, the Applicant could widen the landscape buffer that abuts 3079 N. Firelight
Place (the home at the southwest corner of the site). The Applicant could widen this buffer to 30'
Page 6
wide and pull the proposed parking spaces even further from the fence. Increasing the buffer
width and therefore requiring additional landscaping is a better alternative to replacing the
existing fencing. Staff recommends that a wider landscape buffer be required to help minimize
noise and light pollution.
G. Access(UDC 11-3A-3, 11-3H-4):
Access to the site is proposed via two connections to the adjacent arterials—one right-in only
access is proposed to Ustick and one right-in/right-out access is proposed to Ten Mile. The
proposed access to Ustick does not meet ACHD policies but was a negotiated access at the time
the property sold. The proposed access to Ten Mile does meet ACHD policy and is recommended
for approval by ACHD within their staff report. See their report in Section VIII.D for more
detailed information on the ACHD site specific conditions of approval.
Staff supports the proposed and limited access to Ten Mile Road commensurate with the
approval from ACHD. In addition to the access to Ustick not meeting ACHD policy, the City
can restrict access for the development further despite ACHD previously granting the access
with the sale of the property. The proposed access to Ustick is proposed as an entrance only
into site but there would be no true way to restrict vehicles from utilizing it as an exit as well.
In addition, this access point is directly within a right-hand turn lane on Ustick which furthers
the safety issues associated with this access point. Therefore, through UDC 11-3A-3,Staff
recommends the proposed Ustick access not be approved and instead utilize it as an emergency
only access barricaded with knockdown bollards, to be approved by Meridian Fire.
H. Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table I I-
3C-6B for nonresidential uses. Commercial uses require 1 space for every 500 square feet of
gross floor area.
The Applicant's submitted site plan shows a total of 42 parking spaces which exceeds the 20
spaces that are required at a minimum for the proposed building size of approximately 10,000
square feet.
I. Sidewalks (UDC 11-3A-17):
5-foot wide detached sidewalks are existing along both arterial streets(Ustick and Ten Mile)in
accord with UDC 11-3A-17 and ACHD standards.No changes to these sidewalks are required or
proposed. The Applicant is also showing sidewalk connections from the front of the building to
the arterial sidewalks, as required by code.
Stafffinds the existing and proposed sidewalks meet UDC requirements.
J. Landscaping(UDC I1-3B):
The Applicant is proposing landscaping regulated by three code sections due to their locations,
Buffers Along Streets, Parking Lot Landscaping, and Landscape Buffers to Adjoining Uses (UDC
11-3B-7, 11-3B-8, & 11-3B-9,respectively).
The Applicant is proposing a 20'landscape buffer to the abutting residential uses as required by
the existing Development Agreement. However, the requested L-O zoning district also requires
this buffer per the dimensional standards of the zone.As noted in Section V.F, Staff recommends
this buffer be enlarged to 30'to place the proposed parking spaces further away from the
residences. The proposed parking lot landscaping appears to meet UDC requirements as outlined
in UDC 11-3B-8. The submitted site plan does not show landscaping between the existing
detached sidewalk and back of curb. This area of the site is also required to be landscaped in
Page 7
accord with UDC 11-3B-7. Staff is recommending a condition of approval to correct this with the
CZC submittal.
K. Pressurized Irrigation(UDC 11-3A-I5):
The Applicant is required to provide a pressurized irrigation system for the required landscape
buffers in accord with 11-3A-15. This irrigation will provide for healthier and sustained
landscaping that is an integral buffer between the proposed use and the existing residences.
VI. DECISION
A. Staff:
Staff recommends approval of the requested Rezone and Development Agreement Modification
per the recommended DA provisions in Section VII and the Findings in Section IX of this staff
report.
B. The Meridian Planning&Zoning Commission heard these items on April 1, 2021. At the public
hearing,the Commission moved to recommend approval of the subject Rezone request.
1. Summary of Commission public hearing_
a. In favor: William Mason,Mason&Associates—Applicant Representative; Stephen
Rankin,Neighbor,
b. In opposition:None
C. Commenting: William Mason; Stephen Rankin.
d. Written testimony: One(1)piece-discussing potential of noise and light pollution to
adjacent residential; mention of a desire to require the Applicant replace the existing
wood fence with an 8-foot CMU block wall.
e. Staff presenting,application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application:None
2. Key issue(s) public testimony
a. Concern over the location of the access to Ten Mile being too close to the existing
residence to the south.
3. Key issue(s)of discussion by Commission:
a. Fire access concerns, if any,but specifically to the recommended reduction in drive aisle
width to approximately 30';
The kind of uses that could reside within building beyond a dentist office;
Different options of mitigating noise and lightbeyond wideningthe required landscape
buffers adjacent to residential;
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s) for City Council:
a. None
C. The Meridian City Council heard these items on May 25, 2021. At the public hearing,the Council
moved to approve the subject Rezone and Development Agreement Modification requests.
1. Summary of the City Council public hearing:
a. In favor: Jessica Petty.Applicant Representative/Architect;Vincent Rigby.
Applicant/Owner.
b. In opposition:None
c. Commenting: Jessica Petty;Vincent Rigbv;Alexis Rankin.neighbor; Stephen Rankin
neighbor.
d. Written testimony:None since Commission meeting.
e. Staff presenting application: Joseph Dodson,Associate Planner
Page 8
f. Other Staff commenting on application:None
2. Key issue(s) of public testimony:
a. Location of proposed access to Ten Mile and its proximity to the existing residence
directly south of the subject site:
b. What options are there to move this access further north:
3. Key issue(s) of discussion by City Council:
a. Clarification on proposed use, allowed hours of operation per zoning request, and if
other uses may be allowed within the same building;
b. Is Staff amenable to an increased buffer along the southern boundary consistent with
Staff s existing recommendation along the southwest boundary;
C. How can access to Ustick be constructed and restricted in order to prevent patrons from
exiting to Ustick:
4. City Council change(s)to Commission recommendation:
a Modify condition VIII.Al.a to allow it as an entrance-only access and include
appropriate and adequate signage for the entrance only access from Ustick and to work
with ACHD and Planning Staff on the appropriate curbing to restrict this access safely_
b. Modify condition VIII.Al.d to note the 30-foot buffer shall be adjacent to the south
boundary and the existing home abutting the southwest corner of the site:
Page 9
VIL EXHIBITS
A. Rezone Exhibit and Legal Description
Professional Engineers,Land Surveyors and Planners
5 924 3'd St. So. Nampa, ID 83651
AS J5 O C 1 a tE S Ph(208)454-0256 Fax(208)467-4130
e-mail:dholzhey@masonandassociates.us
FOR: McCarter-Moorehouse
JOB NO.:AU1920
DATE: October 15,2020
PROPERTY DESCRIPTION
A parcel of land being a portion of Government Lot 1 of Section 3,Township 3 North,Range 1 West
East,Boise Meridian,Ada County Idaho,more particularly described as follows:
Commencing at the northeast corner of Government Lot 1,said corner being S 89'07' 06"E a distance
of 2640,66 feet from the NIA of Section 3;
Thence N 89'07'22"W a distance of 285,88 feet along the north boundary of Government Lot 1;
Thence S 00'23' 5 1"W a distance of 61.00 feet to a point on the northerly right of way of Ustick Road;
Thence S 89'07' 22"E a distance of 30.12 feet along the northerly right of way of Ustick Road to the
POINT OF BEGINNING;
Thence S 89'07'22"E a distance of 167.57 feet along the northerly right of way of Ustick Road;
Thence S 470 20'44"E a distance of 42.40 feet along the northerly right of way of Ustick Road to a
point on the westerly right of way of Ten Mile Road;
Thence S 00'24'09"W a distance of 275.57 feet along the westerly right of way of Ten Mile Road to a
point on the northerly boundary of Firelight Estates;
Thence along the northerly boundary of Firelight Estates the following courses and distances;
Thence N 89'36' 15"W a distance of 113.16 feet;
Thence N 00'23' 51"E a distance of 110.07 feet;
Mason Fy
associates 1"=�
Professional Engineers,Land Surveyors and Planners
Page t of 2
Page 10
Item#10.
Thence N 89'07' 59"W a distance of 85.77 feet to the northwest corner of Lot 8 Block 2 of Firelight
Estates;
Thence N 00'23' 5 1"E a distance of 194.72 feet along the easterly boundary of Lot 2 Block 5 of
Englewood Creek Estates Subdivision No. 1 extended to the POINT OF BEGINNING.
This parcel contains 1.16 acres more or less.
SUBJECT TO:All existing rights of way and easements of record or implied appearing on the above-
described parcel of land.
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Page 11
Page 100
PARCEL EXHIBIT
A PART OF THE NE 114,SECTION 3,T.3 N.,R. 1 W.,BM
MERIDLAN,IDAHO
2020
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Scale.-
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N1/4 Corner Government NE Corner
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N8 85-.T,"W tot 1
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FOUND ALUMINUM CAP MONUMENT
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PARCEL EXHIBIT
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Page 12
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Page 15
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Prior to the City Council hearing,the Applicant shall apply for a concurrent Development
Agreement Modification application to run concurrently with this Rezone application and
replace the existing Development Agreement. At a minimum the following DA provisions
shall be included in the new DA:
a. Show the access to Ustick as an emergeney entrance-only access and include
appropriate signage and striping to inform patrons that it is not an exit for the site:
work with ACHD on any allowed curbing within the right-of-way to help ensure this
access is for ingress only;
b. The proposed access to N. Ten Mile Road shall be limited to a right-in/right-out only
access;
c. At the time of Certificate of Zoning Compliance application submittal,the landscape
plan shall show landscaping between the detached sidewalks and the back of curb
abutting the adjacent arterial streets,Ustick and Ten Mile Roads,per UDC 11-3B-7;
d. Show the required landscape buffer adjacent to the existing residential uses to be 30
feet wide instead of 20 feet along the southern boundary and the southwest boundary
adjacent to parcels R2833240190 and R2833240180,respectively;
e. The allowed uses on the subject site shall be limited to professional services,personal
services, and healthcare and social services.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 There is no water infrastructure shown in this application. There are however two existing
water stubs, one to the north off of Ustick Road, and one to the east off of Ten Mile Road.
Any stubs that are not to be used will need to be abandoned per Meridian Public Works
Standards.
1.2 Sanitary sewer service is available in W.Niemann Drive to the West.
1.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 12-13-8.3). By entering into a development agreement with the City of
Meridian,the applicant agrees to use the City of Meridians recycled water supply as the
source of irrigation water. Further,the applicant agrees to provide for secondary backup
water to provide service when recycled water is not available. Once development plans have
been submitted to the city for review,the city will model the recycled water system and make
a final determination regarding our ability to supply reclaimed water to the development. If
the city can serve the development with recycled water then recycled water must be utilized
as the irrigation source of water, a secondary or backup source must also be provided. If the
city can't serve the development then the primary source of irrigation water should come
from surface water irrigation sources if available. The applicant shall be responsible to
construct the recycled irrigation system in accordance with Department of Environmental
Quality(DEQ)recycled water rules and regulations, and Division 1200 of the City of
Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works
Construction. These requirements do not wave the applicants responsibilities or obligations to
irrigation districts.
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1.4 A street light plan will need to be included in the final plat and or building permit application.
Street light plan requirements are listed in section 6 of the City's Design Standards.
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. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via
the plat,but rather dedicated outside the plat process using the City of Meridian's standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement(on the form available from Public Works), a legal description
prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of
the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed, and approved prior to development
plan approval.
2.4 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 subdivided 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.
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2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and
activated,road base approved by the Ada County Highway District and the Final Plat for this
subdivision shall be recorded,prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing, landscaping, amenities, etc.,prior to signature on the final plat.
2.11 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-31-1.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
2.20 At the completion of the project,the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,
which can be found on the Community Development Department website. Please contact
Land Development Service for more information at 887-2211.
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2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20%of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. NAMPA-MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancil .oorg/WebLink/Doc View.aspx?id=224336&dbid=0&repo=MeridianC
Lty
D. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancity.orglWebLink/DocView.aspx?id=224863&dbid=0&repo=MeridianC
Lu
IX. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a
full investigation and shall, at the public hearing, review the application.In order to grant
an annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
Council finds the proposed zoning map amendment to rezone the property from the R-4
zoning district to the L-O zoning district and subsequent development is consistent with the
Comprehensive Plan, if the applicant complies with the requirements outlined above.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
Council finds the proposed zoning map amendment and the proposed use comply with the
applicable regulations, specifically the purpose statement of the requested L-O zoning
district.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds the proposed zoning map amendment should not be detrimental to the public
health, safety and welfare, if the applicant complies with the requirements outlined above.
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
Council finds the proposed zoning map amendment will not result in an adverse impact on
the delivery of services by any political subdivision providing public services within the City.
5. The annexation (as applicable)is in the best interest of city.
Not applicable; application is for a Rezone.
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