McFadden Property Annexation H-2021-0048 DA (2021-155199) ADA COUNTY RECORDER Phil McGrane 2021-155199
BOISE IDAHO Pgs=36 HEATHER LUTHER 10/27/2021 11:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: I City of Meridian
2. Kobe LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 26th day of October--, 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 Kobe LLC whose address is 732 N. Santa Paula Place,Boise,fD 83712,
hereinafter called OWNER/DEVELOPER.
I. 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§67-65 11 A 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 11-513-3 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(H-2021-0048)
for annexation and zoning of 17.88 acres of land with the C-C (Community
Business District) zoning district on the property listed in Exhibit "A",
attached hereto, under the Unified Development Code, which generally
describes how the Propertywi I I 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-McFADDEN PROPERTY(11-2021-0048) PAGE JoF7
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 12'h day of October, 2021, the Meridian City Council
approved certain 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 Kobe LLC,whose address
is 732 N. Santa Paula Place, Boise, ID 83712, 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—MCFADDEN PROPERTY(H-2021-0048) PAGE 2 OF 7
Item#3.
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. Prior to development or building permit, the applicant shall submit a development
agreement modification that includes a comprehensive concept plan(s)that addresses
all of the issues discussed including land use, landscaping, motorized and non-
motorized circulation, transit corridors, building size and placement, entry features,
open space and amenities, architecture, the recommendations of the Meridian
Development Corporation and other pertinent planning documents,and is consistent
with the principles of Mixed Use Community as described in the Comprehensive Plan.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, 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.
DEVELOPMENT AGREEMENT-MCFADDEN PROPERTY(H-2021-0048) PAGE 3 OF 7
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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
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
DEVELOPMENT AGREEMENT—MCFADDEN PROPERTY(H-2021-0048) PAGE 4 OF 7
Page 95
Item#3.
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:
Kobe 30 LLC
732 N. Santa Paula Place
Boise, ID 83712
14.1 A party shall have the right to change its address by delivering to the other
parry 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 parry shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor
DEVELOPMENT AGREEMENT—MCFADDEN PROPERTY(H-2021-0048) PAGE 5 OF 7
Page 96
Item#3.
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 parry
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—WFADDEN PROPERTY(H-2021-0048) PAGE 6 OF 7
Page 97
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OW4ER19D)
VELOPER:
Ko
By: ra
Its:
CITY OF MERIDIAN ATTEST:
By: o.�
Mayo/r'k, ert E. imison 10-26-2021 Chris Johnson, ity Clerk'1'°'```` 6-2021
WGu 1
STATE OF )
Q,J✓bU : ss:
County of A )
On this AcLk^day of Wi IO lr- ,2021,before me,the undersigned,a Notary Public in and for said State,
personally appeared Doug Tamura known or identified tome to be the DV In W of Kobe LLC,and the person
who signed above and acknowledged to me that he executed the same on behalf of said Company.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
- ---�.
certificate first above written. ;N N O
A,��f� �jiSolpj�.,r00`
r; Notary Public for StMC ofwo1 i I
BLIC•' Residing at: (Ivk, aAAu.i
My Commission Expires: 0(Q D p23
STATE OF IDAHO
ss ! (Pj r9.;
County of Ada ) ,'� O F H
On this 26th day of October 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,ofthe 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. �}
CHARLENE WAY
i r COMMISSION#67390 � � Notary Public for Idaho
NOTARY PUBLIC
STATE OF IDAHO Residing at: Meridian, Idaho
nsr coMmrssroN EXPIRES s 3128e22 Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—MCFADDEN PROPERTY(H-2021-0048) PAGE 7 OF 7
Page 98
EXHIBIT A
Item#3.
ELSENGEBRITSON LAND SURVEYS, PLLC.
2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com
28 June 2021
ELS Project No. 210603
Land Description
Rezone Phase 1 to CC
Contains 343,531 square feet or 7.89 acres more or less
EXHIBIT A
A portion of the East 11/2 of the SE %of the SE%of Section 1, Township 3 North, Range 1 West, Boise Meridian,Ada
County, Idaho,described as follows:
Commencing at a found brass cap monument marking the SE corner of said Section 1 at the center line intersection of
West Cherry Lane and North Meridian Road, from which a found aluminum cap monument marking the E%comer of said
Section bears N 00°18'02"E a distance of 2648.32 feet; thence along said line N 00°18'02" E a distance of 1324.35 feet to
a found aluminum cap monument marking the NE comer of said East%of the SE %of the SE%, the S 1116'h corner;
thence westerly along the north line of said East%2 of the SE'/4 of the SE l4, N 89°27'32"W a distance of 48.00 feet to a
found steel pin on the westerly rights-of-way line of said North Meridian Road the POINT OF BEGINNING.
Thence southerly along said rights-of-way line the following six (6)courses:
S 00018'02" W a distance of 99.28 feet to a found steel pin;
S 02°24'02"W a distance of 600.40 feet to a found steel pin;
S 00'18'02"W a distance of 213.66 feet to a found steel pin;
S 11°59'57"W a distance of 31.62 feet to a found steel pin;
S 00°36'00"E a distance of 307.44 feet to a found steel pin;
S 44°07'37"W a distance of 33.30 feet to a found steel pin on the northerly rights-of-way line of West
Cheery Lane;
Thence along said northerly rights-of-way line the following two(2)courses;
S 86°43'49"W a distance of 87.39 feet to a found steel pin;
N 89027'04"W a distance of 493.45 feet parallel to and 43.00' northerly of the south line of said Section 1
to a found steel pin on the west line of said East X2 of the SE '/4 of the SE '/4;
Thence along said west line N 00033'34" E a distance of 287.46 feet to a point;
Thence leaving said line,S 88030'30" E a distance of 423.59 feet to a point;
Thence N 02°00'39"E a distance of 1001.14 feet to a point on the north line of said East%of the SE%of the SE
X;
Thence easterly along said line S 89°27'32" E a distance of 172.63 feet to the POINT OF BEGINNING.
The above-described tract of land contains 7.89 acres more or less subject to all existing easements and rights-of-way.
See Exhibit B attached hereto and made part of.
T
870Va
K:IELSIProlects120211210603%dmin\Legaist210603 CC Zone Description Ph 1 081921.doc
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McFadden Property-H-2021-0048-Exhibit A to DA oe r
Page 99
Item#3.
LLS ENGEBRITS4N LAND SURVEYS PLL C.
2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.corn
28 June 2021
ELS Project No. 210603
Land Description
Rezone Phase 2 to CC
Contains 435,083 square feet or 9.99 acres more or less
EXHIBIT A
A portion of the East%2 of the SE '/of the SE %of Section 1, Township 3 North, Range 1 West, Boise Meridian,Ada
County, Idaho, described as follows:
Commencing at a found brass cap monument marking the SE corner of said Section 1 at the center line intersection of
West Cherry Lane and North Meridian Road, from which a found aluminum cap monument marking the E '/comer of said
Section bears N 00'18'02"E a distance of 2648.32 feet; thence along said line N 00"18'02"E a distance of 1324.35 feet to
a found aluminum cap monument marking the NE comer of said East%of the SE%of the SE %, the S 1116th corner;
thence westerly along the north line of said East%of the SE%of the SE %, N 89°27'32"W a distance of 48.00 feet to a
found steel pin on the westerly rights-of-way line of said North Meridian Road;thence continuing along said north line, N
89°27'32"W a distance of 172.63 feet to the POINT OF BEGINNING.
Thence leaving said line S 02°00'39"W a distance of 1001.14 feet to a point;
Thence N 88030'30"W a distance of 423.59 feet to a point on the west line of said East%2 of the SE %of the SE
'�a
Thence northerly along said west line, N 00°33'34"E a distance of 993.79 feet to a found steel pin monument
marking the NW comer of said East%2 of the SE %of the SE %;
Thence easterly along the north line of said East%of the SE '/of the SE%, S 89°27'32"E a distance of 448.90
feet to the POINT OF BEGINNING.
The above-described tract of land contains 9.99 acres more or less subject to all existing easements and rights-of-way.
See Exhibit B attached hereto and made part of.
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Page 100
Item#3.
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EXHIBIT B
Item#3.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW CVIERI
AND DECISION&ORDER
In the Matter of the Request for Annexation and Zoning of 17.88-acres of land with the C-C
(Community Business District)zoning district,by Doug Tamura.
Case No(s).H-2021-0048
For the City Council Hearing Date of: October 12,2021 (Findings on October 26,2021)
A. Findings of Fact
I. Hearing Facts(see attached Staff Report for the hearing date of October 12, 2021, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of October 12, 2 02 1, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of October 12,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of October 12,2021, incorporated by reference)
B. Conclusions of Law
I. 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 October 12, 2021, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MCFADDEN PROPERTY--FILE# H-2021-0048)
Page 102
Item#3.
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 § I I-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 to C-C is hereby approved per the conditions
of approval in the Staff Report for the hearing date of October 12, 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 11-613-7A).
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 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MCFADDEN PROPERTY—FILE# H-2021-0048) -2-
Page 103
Item#3.
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 October 12, 2021.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MCFADDEN PROPERTY—FILE# H-202I-0048) -3- Page 104
By action of the City Council at its regular meeting held on the 26th day of October
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 10-26-2021
Attest:
Chris Johnson 10-26-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 10-26-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MCFADDEN PROPERTY-FILE#H-2021-0048) -4-
Item#3.
EXHIBIT A
STAFF REPORT (�VE COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT
HEARING 10/12/2021 legend
DATE:
�F•oec'Lacaion � `s
TO: Mayor&City Council dd--
FROM: Alan Tiefenbach
208-884-5533
Bruce Freckleton, Development
Services Manager r
208-887-2211
SUBJECT: H-2021-0048
McFadden Property
LOCATION: The site is located at 104 W. Cherry
Lane, in the East'/z of the SE '/4 of the SE � � F7n Min
rrm
'/4 of Section 1, Township 3N,Range
1 W.
I. PROJECT DESCRIPTION
Annexation and zoning(AZ)of 17.88-acres of land with the C-C(Community Business District)
zoning district.The main purpose for seeking annexation at this time is to ensure this area can be
included as part of the Northern Gateway Urban Renewal Plan currently being developed by the
Meridian Development Corporation(MDC).
11. SUMMARY OR REPORT
A. Project Summary
Description Details Page
Acreage 17.88
Future Land Use Designation Mixed Use Community(MU-C)
Existing Land Use(s) Rural Agricultural
Proposed Land Use(s) Mixed Use
Lots(#and type;bldg./common) One existing,future to be determined.
Phasing Plan(#of phases) 2 I
Number of Residential Units(type N/A
of units)
Amenities Amenities will be determined with future build-out.Staff is
recommending a development agreement provision that
requires detailed amenity,open space and circulation plans
after construction of the first phase.
Physical Features(waterways, Settler's Canal bisects the property east to west.
hazards,flood plain,hillside)
Pagel
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Item#3.
Description Details Page
Neighborhood meeting date;#of June 23,2021 -6 Attendees
attendees:
History(previous approvals) N/A
B. Community Metrics
Description Details Page
Ada Coun Hi hwaX District
• Staff report(yes/no) Yes(future proposals will require additional
ACHD review).
• Requires ACHD No
Commission Action
es/no
Access(Arterial/Collectors/State N.Meridian Rd.and W. Cherry Ln. (both
Hwy/Local)(Existing and arterials).
Proposed)
Traffic Level of Service LOS>E
Stub First phase will rely on access from N.Meridian
Street/Interconnectivity/Cross Rd.and W.Cherry Ln.
Access
Existing Road Network N.Meridian Rd.and W.Cherry Ln. (both
arterials).
Existing Arterial Sidewalks/ There are no existing buffers.Existing sidewalk
Buffers between 5'-7' exists along the N.Meridian Rd.
1W Cherry Ln. Rd.frontage.
Proposed Road Improvements No proposed road improvements with the first
phase.
Distance to nearest City Park(+ '/<miles to Settlers Park
size
Fire Service
• I No comments on this phase.
Police Service
• Distance to Police No comments on this phase.
Station
West Ada School District
• Distance(elem,ms,hs) No comments submitted
Wastewater rn
• Distance to Sewer N/A
Services
• Sewer Shed South Black Cat Trunkshed
• Estimated Project Sewer See Application
ERU's
• WRRF Declining 14.18
Balance
• Project Consistent with Yes
W W Master Plan/Facility
Plan
• Comments • Sewer is available in N.Meridian Rd.
• Capacity availability will be determined
when development is proposed for the
property-
Water
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Item#3.
Description Details Page
• Distance to Water 0
Services
• Pressure Zone 2
• Estimated Project Water See Application
ERU's
• Water Quality No concerns
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns No changes to public water infrastructure.Any
changes to infrastructure must be approved by
Public Works.
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Page 108
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Item#3.
III. APPLICANT INFORMATION
A. Applicant:
Doug Tamura— 1124 Santa Maria Dr,Boise, ID 83712
B. Owner:
Kobe LLC- 1124 Santa Maria Dr,Boise, ID 83712
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 8/27/2021
Radius notification mailed to
properties within 300 feet 8/25/2021
Sign Posting 9n1202I
Nextdoor posting 8/26/2021
V. STAFF ANALYSIS
A. Annexation
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 and area of
rezoning is included in Section VII.To ensure the site develops consistent with the Mixed-use
Community design elements and future Northern Gateway concepts, staff recommends a
development agreement to guide future development of the site.
B. Future Land Use Map Designation htt s://www.meridianci .or loom Ian
The FLUM designates the property for Mixed Use Community. The purpose of this designation is
to allocate areas where community-serving uses and dwellings are seamlessly integrated into the
urban fabric. The intent is to integrate a variety of uses,including residential, and to avoid mainly
single-use and strip commercial type buildings.Non-residential buildings in these areas tend to be
larger than in Mixed Use Neighborhood(MU-N)areas,but not as large as in Mixed Use Regional
(MU-R)areas. Goods and services in these areas tend to be of the variety that people will mainly
travel by car to, but also walk or bike to(up to three or four miles). Employment opportunities for
those living in and around the neighborhood are encouraged.
The Comprehensive Plan describes components of what would be considered mixed use.
Elements pertinent to this proposal include:
• At least three types of land uses;
• Higher density residential development encouraged when there is a potential for an
employment center;
• Mixed Use areas typically being developed under a master or conceptual plan; during an
annexation or rezone request, a development agreement;
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• In developments where multiple commercial and/or office buildings are proposed, the
buildings should be arranged to create some form of common, usable area, such as a
plaza or green space;
• Transitional uses and/or landscaped buffering between commercial and existing low-or
medium-density residential development;
• Supportive and proportional public and/or quasi public spaces and places including but
not limited to parks,plazas, outdoor gathering areas, open space, libraries, and schools
being expected;
• Being centered around spaces that are well-designed public and quasi public centers of
activity. Spaces should be activated and incorporate permanent design elements and
amenities that foster a wide variety of interests ranging from leisure to play. These areas
should be thoughtfully integrated into the development and further placemaking
opportunities considered, and,
• All mixed-use projects being accessible to adjacent neighborhoods by both vehicles and
pedestrians. Pedestrian circulation should be convenient and interconnect different land
use types. Vehicle connectivity should not rely on arterial streets far neighborhood
access.
In addition,the Plan discusses the following additional pertinent requirements for mixed use
community:
• Residential uses should comprise a minimum of 20%of the development area at gross
densities ranging from 6 to 15 unitslacre;
• Vertically integrated structures being encouraged;
• Unless a structure contains a mix of both residential and office, or residential and
commercial land uses, maximum building size should be limited to a 30,000 square foot
building footprint. For community grocery stores, the maximum building size should be
limited to a 60,000square-foot buildingfootprint;
The applicant submitted a conceptual plan as part of this application. The Plan shows three
buildings oriented to the W. Cherry Ln./N. Meridian Rd. comer with parking in the front of
the W. Cherry Lane frontages, 5 more buildings to the north along N. Meridian Rd.with
parking to the back and to the side, and a Phase Two in the center which is intended for future
commercial office,retail, hotel or multifamily uses.
The concept plan indicates restaurant,retail, hotel,office and multifamily family uses
proposed for the site,which would be consistent with the requirement for at least three uses.
Also, Phase Two does indicate a potential for a multifamily component, although there are no
details provided at this time.
The applicant's narrative suggests their intent is to develop the buildings shown along N.
Meridian Rd.and W. Cherry Ln. as an initial phase,with uses including a gas station with
convenience store, additional retail or office, and multifamily and/or hotel uses as a second
phase.The applicant proposes that before any specific use may be constructed within Phase
II,a Development Agreement Modification must be approved that would include a
conceptual plan for that area.
Staff does support a limited amount of commercial construction occurring in the short term at
the SE corner based on the concept plan that has been provided thus far, but does have
concerns allowing complete build-out along both arterials as presently shown. As the
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intersection of W. Cherry Ln. and N. Meridian Rd. is intensely commercial, staff believes
build-out in this immediate area could occur in the short term under the concept plan as
shown and have limited impacts to the overall cohesiveness of the project. Also,because this
intersection is so intensely commercial, staff believes it appropriate to have automobile-
oriented uses directly at the intersection,with the buildings in this area providing a buffer for
the buildings more internal to the project as well as allowing the buildings further to the north
and along N. Meridian Rd.to transition to more integrated mixed use.Also,because this
property would be the entrance into the Northern Gateway District, staff believes some type
of entry or identity feature for this development appropriate.
Based on the concept plan submitted by the applicant,staff recommends allowing
development of the three commercial buildings along the W. Cherry Ln.frontage and
south of the existing access at N.Meridian Rd. as the first phase of this development.A
development agreement modification and detailed concept plans that are consistent with
the mixed-use community designation of the Comprehensive Plan and the Northern
Gateway District would be required prior to any additional development. However,as
part of the first phase,staff recommends the development agreement require the
building orientation account for a gateway or entry feature at the SE corner, near the
intersection as will be discussed further in the qualified open space section.
C. Comprehensive Plan Policies (https://www.meridianciU.or /g compplan):
• Encourage diverse housing options suitable for various income levels,household sizes, and
lifestyle preferences. (2.01.01)
The Plan notes an intent of mixed use is to integrate a variety of uses, including residential.
Residential uses should comprise a minimum of20%of the development area at gross
densities ranging from 6 to 15 units/acre.Although the intent of this application is to annex
the property into the City so it is eligible to be included into the North Gateway Plan and for
development of the first three commercial buildings, the applicant has indicated a residential
component on the concept plan in a future phase. Types of housing and the density would be
addressed in this future phase, but because this residential would be in a mixed-use center
and at a higher density, it would likely lead to diversity in housing satisfying this goal.
• Avoid the concentration of any one housing type or lot size in any geographical area;provide
for diverse housing types throughout the City. (2.01.01G)
As mentioned above, although residential is not planned with this current phase, given the
nature and density of housing that would occur in this mixed-use center under future
development, it would likely increase diversity in housing.
• Locate higher density housing near corridors with existing or planned transit,Downtown,and
in proximity to employment centers. (2.01.01 H)
The Destination Downton Plan indicates W. Cherry Ln. as a future transit line, and N.
Meridian Rd. is a major commercial corridor. The site is located on a major commercial
intersection, with a range of services including a grocery store, directly across N. Meridian
Rd. to the east. There are numerous employment opportunities in this area, and it is adjacent
to what is still considered the Downtown Area.
• Support redevelopment and infill opportunities Downtown. (2.09.01)
The subjectparcel is an enclave parcel with all surrounding land developed and existing
infrastructure available. This would be considered infill development.
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• Develop concept plans of potential destination activities and promote appropriate
development, infill, and redevelopment of activity centers. (2.09.03E)
This application is to annex the property into the City so Meridian Economic Development
Corporation can include the property into the new Northern Gateway Plan, and to allow the
applicant to construct the first three buildings.As mentioned, a development agreement
modification will be required for any future phases, which will include detailed concept
plans. This project is eventually intended to be an activity center.
• Require pedestrian circulation plans to ensure safety and convenient access across large
commercial and mixed-use developments. (3.07.02A)
Staff is recommending a development agreement provision that will require the developer to
submit a plan illustrating how pedestrian connections in the first phase area will tie to future
phases of the development.A complete pedestrian circulation will be required as part of the
development agreement modification for future phases.
• Encourage and support mixed-use areas that provide the benefits of being able to Iive, shop,
dine, play, and work in close proximity,thereby reducing vehicle trips,and enhancing overall
livability and sustainability.
This project is intended to develop as a mixed-use center.
• Focus development and redevelopment intensity on key transportation corridors. (3.07.02C)
This property is located on the intersection of W. Cherry Ln. and N. Meridian Rd., both key
transportation corridors, and W. Cherry Ln. is anticipated to eventually be a transit line.
D. Existing Structures/Site Improvements:
The property is presently vacant,although it is being used for horse pasture.
E. Proposed Use Analysis:
At this time,proposed uses are only conceptual. However,the Applicant's concept plan depicts
multi-family residential,commercial,hotel and office/retail uses.This application is requesting
C-C zoning.All the above uses are principally-permitted except for multi-family residential,
which is a conditional use in the C-C zoning district per UDC Table 11-2A-2.
As mentioned in the comprehensive plan analysis above,this property is recommended for mixed
use community uses,with an intent to provide community-serving uses and dwellings seamlessly
integrated into the urban fabric and an integrated variety of uses. Use requirements include at
least three types of land uses,higher density residential, and at least 20%residential at gross
densities ranging from 6-15 unit/acre,but a mixed-use designation is not intended for high
density residential development alone. Vertically integrated structures are encouraged,but unless
a structure contains a mix of both residential and office,or residential and commercial land uses,
maximum building size should be limited to a 30,000 square-foot building footprint unless it is a
grocery store, which can have a footprint up to 60,000 sq. ft. Plazas,open spaces,gathering
spaces and similar should comprise at least 5% of the developable area.
As mentioned,based on the submitted concept plan, staff is amenable to supporting development
of the first three commercial buildings along the W. Cherry Ln. frontage and south of the existing
access along N.Meridian Rd. in the short term but believes more detailed concept plans should be
approved before further buildout can occur in order to ensure this development is representative
of the type of mixed-use development illustrated by the Plan. In addition to the other DA
requirements already listed, Staff recommends a DA provision that limits building
footprints to 30,000 sq. ft or 60,000 sq.ft for a grocery store unless vertically-integrated
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structures are proposed,a requirement that at least 20% of the square footage in future
phases be residential,and at least 5% of the developable area being plazas,gathering
places,etc. This would be in addition to any open space or amenity requirements for
multifamily development.
F. Specific Use Standards(UDC 11-4-3):
The concept plan indicates a wide range of commercial retail,office,hotel and multifamily uses.
At time of development agreement modification or Certificate of Zoning Compliance proposed
development will be reviewed against the specific use standards of UDC 11-4.
G. Dimensional Standards(UDC I1—,2):
All future lots,buildings and public streets shall be required to meet all UDC dimensional
standards. This includes property sizes,required street frontages,road widths, and development
consistent with the mixed-use community principles listed in the Comprehensive Plan.
H. Access(UDC 11-3A-3, 11 3H-4):
The property is presently served by two arterials-W. Cherry Lane and N.Meridian Rd.N.
Meridian Road is improved with 5 travel lanes,curb,gutter, and 5-foot wide concrete sidewalk
abutting the site.Cherry Lane is improved with 5 travel lanes,curb, gutter, and 7-foot wide
attached concrete sidewalk abutting the site to the east of the existing driveway on Cherry Lane.
There is 5-foot wide attached concrete sidewalk abutting the site to the west of the driveway. The
concept plan shows 3 access points from N. Meridian Rd., one access from W. Cherry Ln.,and a
stub to the office park at 3537 Hunters Cir.
There are two existing curb-cuts providing access to the property. There is an existing 26-foot-
wide driveway from N. Meridian Rd.approximately 500 feet north of Cherry Ln.,and a 26-foot-
wide curb cut driveway providing access from Cherry Ln. approximately 300 feet west of N.
Meridian Rd.ACHD has responded that if a property has frontage on more than one street,access
shall be taken from the street having the lesser functional classification. Cherry Ln. is a principal
arterial and ACHD policy typically prohibits access from a principal arterial if access from a
lesser classified street(N. Meridian Rd.) is available.ACHD has noted the existing access on
Cherry Lane is not guaranteed to be allowed by ACHD as part of a future development
application. If access is requested on Cherry Lane, an access analysis may be required to be
submitted to ACHD for review prior to the submittal of the development application which may
include a waiver. Staff notes the concept plan indicates the southern access being moved to the
west, which would unlikely be supported due to spacing requirements with NW 3d St.
ACHD has responded a TIS will likely be required for this project.As the purpose of this present
application is very preliminary at this time, staff will await conditioning the access points until
such time that future development applications and a TIS are submitted.However,staff does have
concerns with the three access points along N. Meridian Rd.,whether ACHD would approve two
additional accesses, and whether spacing for the northern access is adequate from W.
Willowbrook Dr. (as well as shifting the existing access along W. Cherry Rd. to the west).
Finally, future development in the area should also provide access to the west in accord with
UDC 11-3A-3.NOTE: City Council has the ability to grant the proposed access points to the
abutting arterials,however staff does recommend future decision should be deferred until ACHD
has determined the appropriate access to this property,confirmed through a reviewed and
approved traffic study.
Internal circulation should be consistent with the mixed-use goals of providing wider sidewalks,
street trees,complete streets and providing accessible pedestrian connectivity. Also,the
Destination Downtown Plan anticipates a future transit line along W. Cherry Ln. This should be
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considered in future circulation and multi-modal plans.At time of Certificate of Zoning
Compliance for the three buildings as recommended by staff,or during time of the development
agreement modification for development of the remainder of the property,additional analysis will
be required, and may require a TIS at a later date. Staff is recommending a DA provision that
the required DA mod for future development include a circulation plan that addresses
future access points,internal and external automobile circulation,transit connectivity and
locations of possible transit shelters,and multi-modal"complete street" design including
pedestrian circulation plan consistent with mixed use development goals.
I. Parking(UDC 11-3 :
Off-street parking is required to be provided in accord with the standards listed in UDC Table I 1-
3C-5 for all uses other than single-family detached dwellings. Included in these standards are
those for commercial and retail,office,and restaurant uses.
The Plan does encourage vertically-integrated mixed-use buildings.The concept plan does not
indicate these types of buildings at this time.However, as already mentioned,staff recommends
only allowing development of the three commercial buildings along the W. Cherry Ln. frontage
and south of the existing N.Meridian Rd.access for the first phase. If vertically integrated
buildings are proposed,there are specific parking requirements per UDC I 1-3C-6. Future
planning land use applications will determine the required number of parking spaces for all uses.
J. Pathways( UDC 11-3A-8):
No multi-use pathways are proposed or required with this development. However,one of the
main goals of a mixed-use designation is wider sidewalks, outdoor furniture, and safe non-
motorized access and connectivity. Staff is recommending a DA provision that prior to any
development on the site,the applicant provide a plan illustrating how pedestrian
connections in the first phase area will tie to future phases of the development.A more
comprehensive circulation plan will be required with future DA modifications so staff can
analyze pedestrian circulation on the site once end-users are known for the proposed
development.
K. Sidewalks(UDC 11-3A-1 D:
Sidewalks are already existing along the W. Cherry Ln. and N. Meridian Rd. frontages. Future
development projects on this site will be analyzed for compliance with the required sidewalk
widths and locations.
L. Parkways(UDC 11__ 3A-1 D:
No parkways are shown with the first conceptual plan,but any parkways associated with future
development shall meet the requirements of UDC 11-3A-17.
M. Landscaping(UDC I1-3B):
A 25-foot wide landscape buffer is required adjacent to both W. Cherry Ln. and N. Meridian Rd.,
landscaped per the standards listed in UDC 11-3B-7C. Internal parking lot landscaping will be
required per UDC 11-3B-8, and a residential landscape buffer will be required along the western
and northern property lines which abut existing residential zone districts. To ensure consistent
and cohesive installation of landscape buffers,staff recommends a development agreement
requirement that prior to any development of the site,a 25' wide landscape buffer shall be
installed along the W. Cherry Ln. and N. Meridian Rd. frontages.This will require
coordination with ACHD and the City regarding approved points of access. For any
development beyond the first phase,staff recommends the applicant submit an open space
plan that includes common useable areas, amenities,outdoor gathering places and plazas,
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green spaces, and landscape buffering and transitioning between uses consistent with the
objectives of the Mixed-Use Community designation.
N. Qualified Open Space(UDC 11-3G1:
The Applicant has requested C-C zoning and has stated their intention of developing a mix of
uses including retail commercial, office,restaurant,hotel and multifamily uses. In the C-C zone,
multi-family residential is a conditional use and qualified open space will be required based on
the square footages of units per the specific use standards in UDC 11-4-3-27(the requirement for
open space to be provided under both sections of code is currently under review by staff and the
Open Space Committee;therefore,this statement may not be entirely accurate and the Applicant
may have different standards that are required upon submittal of future land use applications).
As mentioned, plazas,open spaces,gathering spaces and similar elements are mentioned in the
Mixed-Use Community policies.The Plan also mentions establishing distinct,engaging identities
within commercial and mixed-use centers through design standards. Development of future
phases will require a complete open space and circulation plan that addresses interior building
orientation, common useable areas, outdoor gathering places and plazas throughout the
development. Staff recommends future development agreement modifications include a
requirement for a prominent gateway and/or entry feature to announce the corner at the
SE portion of the site.The applicant should coordinate with the City and MDC on this
feature.
O. Qualified Site Amenities(UDC I1_30
As mentioned throughout this report,staff is recommending an entry feature or element at the
southeast portion of the site,with open space,amenity and multimodal circulation plan required
for future phases. Future multifamily development will require additional amenities as outlined in
UDC 11-4-3-27,
P. Waterways(UDC 11-3A-0:
The Settlers Canal bisects the property east—west in approximately the center of the property.
The canal will be required to be piped or designed as an amenity as required by UDC 11-3A-6.
Q. Utilities(UDC I1-3A-21):
Public services are available to accommodate the proposed development.All water and sewer is
available in N. Meridian Rd.
R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
No building elevations were submitted with this application.As stated above, staff is only
supporting the development of the first three buildings directly at the southeast portion of this site
with this application.These buildings will be required to meet minimum architectural standards
as required in the Architectural Standards Manual(ASM). However,the purpose of the mixed-
use designation is to promote compatible land uses within a close geographic area to create sense
of place with innovative and flexible design encouraged. Architectural design principles of
mixed-use developments include a cohesive design theme,pedestrian oriented features such as
increased ground floor transparency(windows), awnings,porches or other overhangs, pedestrian
lighting,building relationship in regard to scale,massing and orientation, fagade differentiation,
and 360-degree architecture. To ensure consistency as the development builds-out, Staff is
recommending a DA provision that requires buildings to incorporate cohesiveness in
design. Conceptual building elevations will be required with the development agreement
modification required for future phases.
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Item#3.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation and zoning with the requirement of a
Development Agreement and the provisions noted in Section VILA per the findings in Section IX of
this staff report.
$- The Meridian Planning Zoning m ssbon heard this item on September 16,2021, At the
public hearing, the Commiasion movedcomm n i of the nnex ti e
1. Summary of the Commission public hearing;
a. In favor: Doug Tamura
b. In onposi#ion: None
c. Commenting: Doug Tamura
d, Written testimony: None
4,. Staff presenting application: Alan Tiefenbach
f Mer Staff commenting on apl)lic i one
e_v_issue(s)of public testimony:
a Earl Rice.representing Church of God directly adjacent to nronertv,voiced concerns
with potential traffic potential height of buildings, and Dotential uses that could go
there.
Key issue(s)of discussion by Commission:
a None --
4,_ mm' change(s) ff recommendation:
a None
C. The Meridian City Council heard this item on October 12 2021. At the public hearing,the
Council moved to approve the subject annexation and zQnin requests.
1. Summary of the City Council _public hearing
a In favor: Doug Tamura
b. In opposition: None
.. Commenting: Doug Tamurr
d Written testimony:Ashley Ford-Squyres with Meridian Development Corporation
testified in favor of the application.
e. Staff 12resenting application. Alan Tiefenbach
f. Other Staff commenting on applicajjaaLN=
2. Key issue(sl of public testimony:
None
I Key jss s)-of discussion by City Council:
a, Council discussedconcerns re rhreeit ' 'thn
comprehensive gonceptplan whether amenities and open space had been considered
whether a taller hotel had been considered on the corner, could the entire project be
master-planned, whether the applicant has been working with Meridian Development
Corporation, and if staff had considered the transit corridors that were designated in the
area• —
4: City Council change(s)to Commission recommendation:
City CourL
ciLcontinuedcase to October 26 2021 for staff and the applicant to
prepare findings and a development agreement that allowed_annexation and zoning to
IL Council conditioned the approval that prior to any development or building permit the
applicant would submit a development agreement modification that included a
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Item#3.
comprehensive concept nlan(s)that addressed all of the issues discussed including lance
use, motorized and-non-motorized circulation transit corridors,buildinu size and
placement open space and amenities,architecture,the recommendations of the
Meridian Development Corporation and other pertinent planning-documents,and is
consistent with the princinle3 of Mixed Use Co_mmunily as described in the
Comprehensive Plan,
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Item#3.
VII. EXHIBITS
A. Annexation and Zoning Legal Descriptions
iL ENG.ENRITSONLANDSURVEYS,PILC.
2251 S. SUM8C Street,Boise,Idaho 83706 Telephone(206)859-60321rtrke@64surveys.com
28 June 2021
ELS Project No,210603
Land Description
Rezone Phase 1 to CC
Contains 343,531 square feet or 7.89 acres more or less
EXHIBIT AA
A portion of the East%of the SE%of the SE'/.of Section 1,Township 3 North,Range 1 West,Boise Meridian,Ada
County,Idaho,described as follows:
Commencing at a found brass cap monument marking the St=carrier of said Section i at the center line intersection of
West Cherry Lane and North Meridian Road,from which a found aluminum cap monument marking the E'/,comer of said
Section bears N 00018'02`E a distance of 2648.32 feet;thence Wong said lute N 00°18'02"E a distance of 1324,35 feet to
a found aluminum cap monument marking the NE comer of said East Ys of the SE%of the SE%,the,S 1116m comer;
thence westerly along the north line of said East h of the SE J.of the SE%,N 89°27'32'W a distance of 48.O0 feet to a
found steel pin an the westerly righis�f-way line of said North Wridian Road the POINT OF BEGINNINC.
Thence southerly along said rights-of-way line the following six p)courses:
S 00°18'&W a distance of 99.28 feet to a found steel pin;
S 02°24'02"W a distance of 600.40 feet to a found steel pin;
S 00°18'02'W a distance of 213.66 feet to a found steel pin;
611'59'57'W a distance of 31.62 feet to a found steel pin;
5 00936'00'E a distance of 307.44 feet to a found steel pm;
8 44°07'37"W a distance of 33.30 feet to a found steel pin on the northerly fights-of-way line of West
Cheery Lane;
Thence along said northerly rights-of-way line the following twn M courses;
$86`4349`W a distance of 87.39 feet to a found steel pin;
N 89°27'04"W a distance of 493.45 feet par0el to and 43.00'northerly of the south tine of said Section 1
to a found steel pin on the west line of said East'/:of the SE'l,of the SE YE;
Thence along said west line N 00'33'34"F a distance of 287.46 feet to a point
Thence leaving said line,S 88`30'3#t''E a distance of 423,59 feet to a point;
Thence N W00'39°E a distance of 1001.14 feet to a point on the north line of said East'M,of the SE Y4 of the SE
Y..
Thence easterly*ng said line S 89'27'32'E a distance of 172_63 feet to the POINT OF BEGINNING.
The atxwe•described tract of[and contains 7,89 acres more or less subject to all existing easements and rights-of-way.
See Exhibit B attached hereto and made part of. t
a 879
K:IELSIProp dsl2WIViO6O3kAdnin'Legaisk2lO603 CC Zone Description Ph i 091921.tlac A'��
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Item#3.
LS ENGEBR17SONLAND SURVEYS, PLL+C
2251 S. Sumac Street., Boise,Idaho 83706 Teleahone(208)859-5032 mika@elstrrveys.corrr
28 June 2021
ELS Pro)ed No,210603
Land Description
Rezone Phase 2 to CC
Contains 436,083 square feet or 9,99 acres more or less
EXHiBtT A
A portion of the East'/=of the SE'/.of the SE!of Section 1,Township 3 North,Range 1 West,Boise Me6clian,Ada
County,Idaho,described as follows_
Commencing at a found brass cap monument martang the SE corner of said Section t at the center lime intersection of
West Cherry Lane and North Meridian Road,from whiCh a found aluminum cap monument rnarldng the E'/.corner of said
Section hears N 00°18'02'E a distance of 2648.32 feet;thence along said line N 00160Z E a distance of 1324.355 feet to
a found aluminum cap monument marking the NE oamer of said East'/s of the SE%of the SE'/.,the S 11161h oumer,
thence westerly*4 the north line of said East A of the SE'/r of the SE'/,,.N B5°27'32"W a distance of 48.00 feet to a
found steel pin on the westerly rights-of-way line of said North Meridian Road;thence continuing along said norl,h line,N
89°27'37 W a distance of 172.53 feet to the POINT OF BEGINNING,
Thence leasing said fine S 02"00'39a W a distance of f 001,14 feet to a paint;
Thence N W30'30''N a distance of 423,59 feet to a point on the west line of said East%of the SE'l,of the SE
A.
Thence northerly along said west line.N 00°33'34'E a distance of 993.79 feat to a found steel pin monument
marking the NW comer of said East Y2 of the SE'!.of the SE%;
Thence easterly along the north line of said East'/r of the SE A of the SE%,S 89627'3T E a distance of 448.W
fOetto the POINT OF BEGINNING.
The above-described had of Land contains 9.99 acres more or less subject W all existing easements and rights-of way.
See Exhibit B attached hereto and ma<Je part of,
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K:iirl Stiprogar a�2p2112i68f13bkrrnin�LBgatsS2fos43 CG Zone Description 1r 2'081921,doc
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Item#3.
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Item#3.
B. Site Plan(date: 8/20/2021)(NOT APPROVED)
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Item#3.
VIII. 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. Prior to development or building permit,the applicant shall submit a develn_n_m_e_n_t
agreement modification that includes a comprehensive concept plan(s)that
addresses all of the issues discussed including land use,landscaping_motorized an
non-motorazed circulation,transit corridors, building size and placement entry
features,open space,an-d amenities,architecture, e recommendations of the
Meridian Development Corporation and other pertinent planning documents,and is
consistent with the principles of Mixed Use Community as described in the
Comprehensive Plan.
buildings ale g the W. Che f fy Liq. f a„t., e and south of the existing aeeess t Al
Meridian na as indiea4ed on 4he att 1, deeneep�plan with the fellowing ddif 1
1.
2. The hea t shall .eer-.dinat with the Cif.. „,d 1\ DC on the de of ntf y
•�. upp. 1U.,,µ41.r
Meridian RE1. in aceer-dalfee with WDG 11 fir U7.
hall Submit F
b.• With anyJ ..�.... phase of future development, iia. 1.41 e
the fell ..
a. Gener-al layetit and eenfiguration of buildings f6F the Femainder-of the site.
,inehi d;,..g arrangefnent tom, e..+e seffie for-fn F eemfiian, able efea, sueb as
pedestriafrif+ter-es€afld-enelesure of spaee, walkabil4y 8ffi, 360 d....fe
design."
b. A C..... rut,:,„ plan r la f public,and pFiNra4e.,t> ..ot� el .d; Street GFOSSpassible tf r sit s el+eFs if fi rture lransk; teal in this area, ,d fflult'
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Item#3.
eda "eample+e street" design; ,.ludi„ sales+..;..,. , e+;.ity eensistent
4t_h mixed a .de.ele„me„+goals.
C.
o tr-oer ga4ha=;Y,ar places and plazas,green spaees, and lan d.,.,ape b4fering
a-ad transitienifigbetween uses eensistent with thebje..4iyes eF+l.e T il' .1
plazas,be gmheFing >
features,ete. This would be in additien to any epen spaee
d. Coneeptual building elevations indieating eehesiveness in building design,
pedestrian and str-ee� or-ionted
C. F tiffe !lavabo .,ent oft e site shall ea ly. .;r1 ides;,,-., a epts e + bli 1. ad F t
..,....spa..,........ ..... ... "�t,�
..vr..ra.... as µyrpr
f
integr-EAed buildings as one of the uses.
3. The development shall eeR4ain at least thfee types of lanj uses, whieh eaeuld ifielude vei4ieal4y
5. The applicant shall comply with all provisions of I 1-3A-3 with regard to access to streets.
Access and the proposed street network shall be reviewed and approved by ACHD.
B. PUBLIC WORKS GENERAL CONDITONS
l. 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 Specifications.
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.
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.
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Item#3.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C). 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.
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.
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.
7. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standard Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or
provide records of their abandonment.
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.
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.
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.
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.
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.
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.
14. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfilI,where footing would sit atop fill material.
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Item#3.
17. 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.
18. 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.
19. 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.
20. 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
htt ://www.meridianci .or / ublic works.as x?id=272.
21. 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.
22. 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.
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 annexation and proposed zoning map amendment to the C-C would be
consistent with the Comprehensive Plan if all provisions of a Development Agreement are
complied with.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
Council finds the proposed zoning map amendment will allow for the development of multiple
types of residential and commercial uses. This will contribute to the range of housing
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Item#3.
opportunities and goods and services available within the City and more employment
opportunities in the Downtown Area, consistent with the Comprehensive Plan and the purpose
statement of the Mixed-Use Community designation.
3. The map amendment shall not be materially detrimental to the public health,safety, and
welfare;
As long as Commission's recommended conditions of approval are followed, Council would find
this annexation and zoning should 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
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.
The subject property is a 17.88-acre enclave property on an intensely commercial intersection
surrounded on all sides by existing development.Additionally, the new Northern Gateway Urban
Renewal Plan is being developed with this property.As long as the property develops consistent
with the Mixed-Use Community principles as discussed above and Commission's recommended
conditions of approval are followed, Council finds this annexation would be in the best interest of
the City.
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