Intermountain Wood Products H-2021-0042 (2022-001274) ADA COUNTY RECORDER Phil McGrane 2022-001274
BOISEIDAHO Pgs=45 ANGIE STEELE 01/05/2022 09:42 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: I City of Meridian
2. Banks Group, LC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 1) day of 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 Banks Group,LC whose address is PO Box 65970, Salt Lake City,UT
84165, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho,described in Exhibit"A",which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code§ 67-651 IA 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 for annexation
and zoning of 3.5 acres of land from RUT to I-L (Light Industrial) zoning
district on the property listed in Exhibit"A", attached hereto, and to modify
the existing Medimont Development Agreement(Instrument#97072405)by
removing the property as shown in Exhibit"B"and binding both properties as
listed in Exhibit"C"under a new Development Agreement under the Unified
Development Code, which generally describes how the Property will be
developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council,as to
how the Property will be developed and what improvements will be made;and
DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE I OF 8
Item#17.
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Banks Group, LC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this I day of T�)e-e--4 , 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 Banks Group,LC whose address is PO Box 65970, Salt Lake City,UT
84165,hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS,Owner.is the sole owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho,described in Exhibit"A",which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code§ 67-651 IA 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 for annexation
and zoning of 3.5 acres of land from RUT to I-L (Light Industrial) zoning
district on the property listed in Exhibit"A", attached hereto, and to modify
the existing Medimont Development Agreement(Instrument#97072405)by
removing the property as shown in Exhibit"B"and binding both properties as
listed in Exhibit"C"under a new Development Agreement under the Unified
Development Code, which generally describes how the Property will be
developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council,as to
how the Property will be developed and what improvements will be made;and
DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 1 OF 8
Page 397
Item#17.
1.6 WHEREAS,the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the City Council,includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 7th day of December, 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"D"; 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,The Property contained in Exhibit`B"shall no longer be subject
to the terms of the existing Medimont Development Agreement (Inst. #
97072405)or any prior development agreement and shall be bound only by the
terms contained in this 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
DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 2 OF 8
Page 398
Item#17.
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 Banks Group,LC,whose
address is PO Box 65970, Salt Lake City, UT 84165, 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.
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"C"describing a parcel to
bound by this Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development on the site shall comply with the non-residential design standards
for commercial districts in the Architectural Standards Manual and the design
standards listed in UDC 11-3A-19.
b. Future development of this site shall be generally consistent with the conceptual site
plan dated October 7,2021 included in Section VII of the Staff Report that is attached
to the .Findings of Fact and Conclusions of Law as in attached Exhibit "D" and the
provisions contained herein.
c. The S. Locust Grove Rd. access shall only be used Monday-Friday between 7AM to
5PM.
d. Cross-access easements shall be granted to the abutting property to the north(Parcel#
S 1118110071)and south(Parcels#R0879824125 and R0879824130); a copy of the
recorded easement shall be submitted to the Planning Division with the Certificate of
Zoning Compliance application for this site.
e. The applicant shall coordinate with the City Arborist on a mitigation plan to ensure an
additional 169 caliper inches of trees removed from the property meet the standards
set forth in UDC 11-3B-10.
DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 3 OF 8
Page 399
Item#17.
f. Prior to Certificate of Occupancy, the applicant shall complete a short plat to merge
Parcel#S 1118110105 and#S 1118110130 as well as the portion of Lot 2,Block 1 of
the Medimont Subdivision No. 1 that was deeded to the applicant.
g. The applicant shall comply with the warehouse specific use standards set forth in
UDC 11-4-3-42. The proposed outdoor loading area shall not be located closer than
300 feet from the adjacent residential property to the north or fully enclosed.
h. A 25-foot wide landscape buffer shall be constructed on the northern boundary to
residential land use as required per UDC Table 11-2C-3,landscaped per the standards
listed in UDC 11-3B-9C,unless otherwise reduced by City Council.
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. In the event Owner/Developer, or Owner's/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply with all of the terms
and conditions included in this Agreement in connection with the Property, this
Agreement may be terminated by the City upon compliance with the requirements of
the Zoning Ordinance.
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
from City as described in Section 7.2,City shall,upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511A,have the right,but not
a duty, to de-annex all or a portion of the Property,reverse the zoning designations
described herein, and terminate City services to the de-annexed Property,including
water service and/or sewer service.Further,City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement. Because the
covenants,agreements,conditions,and obligations contained herein are unique to the
Property and integral to City's decision to annex and/or re-zone the Property, City
and Owner/Developer stipulate that specific performance is an appropriate,but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 4 OF 8
Page 400
Item#17.
7.4 Choice of Law and Venue.This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity,performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 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.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit,cash deposits, certified check or negotiable bonds,as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
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.
DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 5 OF 8
Page 401
Item#17.
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:
Banks Group,LC
PO Box 65970
Salt Lake City, UT 84165
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this 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.
DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 6 OF 8
Page 402
Item#17.
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
Cleric.
[end of text; acknowledgements, signatures and Exhibits A, B, C and D follow]
DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 7 OF 8
Page 403
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS/DEVELOPED:
D up,
c°
By:
CITY OF MERIDIAN ATTEST:
B
Mayor R bert E.(Simi on 1-4-2022 Chifh ohnson, try Clet 1;: -2022
ti-r 4
STATE OFF' )
: ss:
County of.,k4a- 50.(+ILML t
On this y of �i�v:�+3e+t 2021,before me,the undersigned,a Notary Pub)'
jc in and for said State,
personalty appeared i24D {<S known or identified to me to be the of
Banks Group,LC and the person who signed above and acknowledged to me that he executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate ficct ahm7P written ft j
EN I" H EIAKER �C 4 63; aQ _
Notary Public - State of Utah
Comm. No 703335 Iotary Public for t I T,4t11
d MyCommission Expjres on 2esiding at:�����• DLc a 20a2 v4y Commission Expires: _I?OZ Z
S t'}�i r ter ruf- f7k) I
ss
County of Ada )
On this 4th day of January 2022 11, 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.
CHARLENE WAY Notary Public for Idaho
COMMISSION#67390 Residing at: Meridian, Idah P
NOTARY PUBLIC Commission expires: 3-28-2022
STATE OF II3AFIO p '
MY COMMISSION EXPIRES 3128122
DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 8 OF 8
Page 404
EXHIBIT A
FoP,SGREN
ANNEXATION DESCRIPTION
A parcel of land described as Parcel 1 in Warranty Dmd,lnst.No.2020-012934,and all that
certain Parcel described in Warvmty I eLd,Ina,No,20I 9-121778,located in the Northeast 1/4
of the Northeast 114 of Section 18,Township 3 North,Range I East,Boise Meridian,City of
Meridian,Ada County,ID,mare particularly described as follows;
COMMENCING at the Northeast Corner of said Section 19,from which the East 114 Comer
common to said Section 18 and Section 17,bears,South 00000'39"West,(which is the basis of
bearing for this description),for a distance of 2658.72 Feet;thLncc al ong the common line of said
Sections 18 and 17,South 00100'00"East,for a distance of 828.49 foot along the centerline of
South lxcusl Grove Road to the POINT OF BEGINNING,Fmm which the North 1116 'corner
ck3mrnon to Sections 18 and 17 bears,South 00100'OO"Fast,for a distancc of 50]A 0 feet
Thrmr-,a}ntinuing South 00'00'00"East along said centerline of South Locust Cruve Ruad,for
a distansx of 352.08 foul to the intersection of said centerline and the easterly prolongation of the
nurdixly boundary Iine of that certain Parcel shown on Record of Survey No.10859,Ada
County FLUA rdS;
Thence along,said northerly boundary line and the easterly prolongation thereof,
South 89°O8'55"WCst(formerly South 89'E I'30"West),for a distance of 435.81 fleet to the
easterly boundary line of Mcdirnont SuWiyision,as recorded in Book 75,at Page 7794,Ada
County Records;
Thence along said easterly boundary Zinc,North 00'54'14"East(formerly North 00'55"East),
for a distance of 352.53 feet;
Thence North 89'11'30"East,for a distance oF430.24 feet nn the POINT OF BEGINNING.
The above-described Parcel contains 3.501 acres, more or Icss, of which 0,388 acres, more or
less is recognized as ACHD right of way,
.ti
Subject to casements of record and not of record.
:1
ft. AU W-"�
917 Lusk StrCCL Suite.3co•Boise,IdaM.S3706•20&-342-3144•rersgnn.aam
�Gut€[hix �eh r�ouoturrified
Intermountain Wood Products H-2021-0042 Page405
EXHIBIT A
ANNEXATION E -1IB1T MAP FOR
INTERMOUNTAIN WOOD PRODUCTS
LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 18, T. 3 N., R. 1 E„ B.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2021
f
' E. FRANKLIN RD. 7 8
4 1h
R' 06
(N89.111 f P"E 430-7') °a
N891 V30RE 4M 4' _ e
�""0
PARCEL I f,
WARRANTY DEED
IhJ$i M0 2�29-Oi283s o � o
O r pC
" N e°'y K
U'j 17 C WCD
cv� ($89'11 1 I2`w 432.3') I !rn W
L #
W w a
WARRANTY DEED IN'ST O. 2019-12177 �r 0 (ALJ O up uA
Ld r' yr in >61:0 O tap, M
n,11AC �� Tk b
41 IL
S � I a
1 ato
lz
CD
9 I
s F
3$7-80' _ _ 48.01' O
89'08'55"W 435981' C
S RECORD OF SURVEY I;.+ o
N 1 NO. 10651$ o �i
I �C NOT A PAR? O
i 0 569�b9'S5"W �„ Ul
423 O1'
� L — — 1 J1 fi CORNER
i
SCALE; 1"=100'
k ¢
k 18 17
PPoWEUNO.:
FoPSGREN + 0158
INTERMOUNTAIN WOOD PRODUCTS !JHEET NO.
` �apgywLVFI[Fn!+r.611Tf�w.00ic�.me�ol ANNEXATION EXHIBIT IDS 307.U23N �i%�3tQ611 1 OF 1
Intermountain Wood Products H-2021-0042 Page406
Item#17. PLAT SHOWING EXHIBIT X.
MEDIMONT SUBDIVISION No. 2
A PORTION OF THE NE 1/4,NE 1/4,SECTION 18 LEGEND
TOWNSHIP 3 NORTH,RANGE 1 EAST, 9 Found Brave Cap
BOISE MERIDIAN 19 Found Aluminum Cap
MERIDIAN, ADA COUNTY, IDAHO o Found 5/8"Iron Pin with Cap"PE/LS 3220"
Unless Otherwise Shown
1999 O Found 3/4"Iron Pin
• Set 5/8"x 30"Iron PM with Plastic Cap
• Set 1/2"x 24" Iron PM with Plastic Cap
IN 50 0 IN 200
SCALE: 1"=100' -- Boundary Line
Lot Line
Centerline of Street
NW Corner UNPLATTED - Utility,Drainage and Irrigation Easement Line
NE 1/4,Seetlon 18 w cans BASIS OF BEARINGS (See Note 3).
ALUMINUM CAP NE IC 4 NE 1/4
CPdff 9 I.-112 CP4E 96005808 E. FRANKLIN CPB:F 937 749 r we Witness Corner
7 S 89'48'18"W L5,97� ROAD S 8946'18'W
18 1327.1' 1327.10 _ _ 18 17
u, MEDIMONT SUBDIVISION NO.1
,p BOOK 75,PAGE 7794 t;0 NOTES
• =UU 1. Building setbacks and dimensional standards In this subdivision shall be in compliance
O o with the applicable zoning regulations of the City of Meridian,Idaho.
m N 89"Ol'17" W 242.32' s w.c vi 2. Any Re-subdivielon of this plat shall comply with the applicable Zoning
237.32 500, + Regulotions in effect at the time of the Re-subdivislon.
10'WIDE IRRIGATION 70' N 00'58'43" E 0
I EASEMENT FOR THE BENEFIT 1 106.00' 6'' N 89'01'17" W 298.83' 3. All lot lines common to the exterior boundary and to public right-of-way lines within
ia' 1 OF THE MEDIMONT SUBDIVISION I at h - - - Medimont Subdivision No.2 as shown hereon shall have a 10' wide Permanent Utilities,
1"--BUSINESS OWNERS ASSOCIATION
TRUE POINT-A I pj o;� Drainage and Irrigation Easement, unless otherwise dimensioned.However, this shall not
OF BEGINNING I I I .�••ti " -N 19'08'17" W preclude the construction of the proper hard surfaced driveways for access of each
I L 117- v°^ I. 30.48' Individual lot.
BLOCK 1 10' L o N 00'58'43"E i'o' 4.The Developer and/or Owner shall comply with Idaho Code,Section 31-3805 or its
In 8 I- •f 29' 291 p 75.88 � provisions that may apply to Irrigation rights.
� 15'VADE IRRIGATION
EASEMENT FOR THE BENEFIT
1 i 0 7 S89101'17'E I OF THE MEDIMONT SUBDIVISION 5. The owner of each lot, across which passes an Irrigation/drainage ditch or pipe,Is
r s u 308.90' BUSINESS OWNERS ASSOCIATION responsible for the maintenance thereof unless such responsibility has been assumed by
p I an Irrigation/Drainage District.
I N 29'58'17'E 32.91' BLOEi 2 UNPLATTED
UNPLATTED tOl I I' 6.Reference Is f hereby made to Record of Survey No. 3471 flied as Instrument No.
N79'53'58'E 22.42' 8 loi 96021918 for further survey Information.
239.72' 181.45' C1 n
I.
58 a I r0 7.The bottom elevation of building footings shall be a minimum of 12 Inches above the
01e1--- _ S 89'01'17_E 420.93' - Cs jg 5 C7 ° U I L highest established seasonal groundwater elevation.
I+11N E. KALISPELL ST. 76' H >- 1'1rE ;
m u< 27A85' 8. Driveway approach size and location shall be approved by The Ada County Highway
178.48' s'w.c. 176.00' 56.21' C 3
g l S I o District.
to
S 79'53'5eW 22.36' Z 1..,co 9. All lots within this subdivision are subject to the terms and conditions of a
I N 49.33'39'w 33.20' m Ig a Development Agreement recorded as Instrument No. 97072405 In the records of Ada
1o'I I BLOCK 3 a< m 1-1 O County, Idaho.
-1 r NI vi = Z
a '✓�m w 589'01'17'E
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H0N n Section NB 1/4 I� 1 2 m 3
�R I g m g N BLOCK 2
1. MEDIMLOT ONT SUBDIVISION NO.1
�r\,r \� (I i IWI BOOK 75•PAGE 7794
\ I z zl 10 I- -SE Caner
ux'i
\ \ 11
\ \ CP&Fn NB 1/4
\ L_ NO C 8B03845
\ \ 176.02-_-- --_176.°5--j- -_--177.OSr_- 29' 29' - --- 280y99'_-- J 5 893940 W NO CAP
40'WIDE IRRIGATION \ 458,48
EASEMENT FOR HUNTER \ 15'UTIUTY,IRRIGATION h DRAINAGE N89'39'4O"E 88S.O1' 10'
LATERAL FOR THE BENEFIT \ EASEMENT FOR THE BENEFIT OF THE CURVE DATA
OF NAMPA AND MERIDIAN MEDIMONT SUBDIVISION BUSINESS
IRRIGATION DISTRICT \ OWNERS ASSOCIATION Curve No. Radius Length Tan ent Chord Bearin M12*38
OWNER/DEVELOPER:
��\\ 1 271.00 52.40' 26.28 52.32 N 85'2621 E Properties West, Inc. c%
\ UNPLATTED 2 329.00 120.21 60.78 119. 55 N 09'29 20 W , c >les yVg� Jon L Barnes
0 642'\ \� 3 329.00 6 .62 31.91 63.52 S 85'2621 W /" r ' 1401 Shoreline Drive
15' 4 271.00 42.81 21.45 42.77 S 03'32 50 E7 Boise, ID 83702
\ \ 5 271.00 59.78 37 59.66 S 14'2 335 E 2 &� f (208)345-7523
6 329.00 94.38 47.52 94.06 S 12'2939 E INEE\ 20.3a \ 7 329.00 30.17 15.t0 30.16 S 01'3855 EJ-U-B ENGINEERS, INC.
NE 1/16 CORNER \ 8 300.00 58.01 29.10 57.92 N 8526 21 E 5
REMOVE°EXISTING \ 9 300.00 113.58 57.48 112.90 N 09'52 01 W 21'41'29 260
S Engh/sers SLnWJWa P101M dr7
WITNESS CORNER 10 300.00 113.58 57.48 112.90 N 09'S2 01 W 21'41'29
11 300.00 1 55.57 1 27.86 1 55.49 S Ib'2424 E 10'36'44 m,(!_ZZ.��,g Boise, Idaho
12 300.00 58.01 29.10 57.92 S 04'33 39 E 11'04'45 Alt or 1e�
A. 6 PLAT BOOK -29- PAGE 8HS3 Page 407
EXHIBIT C
TOTAL 1301JT+NARY DFSCRIPTION
A portion cf Dot 2, Block 2 of M-edimont Subdivision No,1. as recorded in 13ouk 75,at Pugc
'7794,Ada County records, all of Lots 7, R,and 9, Block 2 o f Medimont Subdivision No_2,as
recorded in Book 7 ,at Page R453, Ada County Records,a pc)rt on of that certain parcel
described as Panel 1 in Wmanty Dr;-,d, Inst, No, 020-()12834, mrid a portion of that min
Parcel described in Warranty Deed, lnst_ o_2019-12177$,all of which i:5 loc:awd in the
Northeamt 1/4 of the Northeast 1/4 of Section 1 E,'Township 3 North, Rangy, l Last,Boise
Meridian,Ada Ccumty, 11),more particularly described as follows;
COMMENCING at the Northeast Corner of Section 18,thence along the,common line of
Sections 18 and 17,which is coincident with the eentertine of South Locust Grove road,
South 001301 T'West, for a distance of 829A0 feet.,from which a 518"rebar with a plastic cap,
stamped"CSC PLS 5082,"marking the North 1/161h corner common to Sections 18 and 17
bears, South 00130'l 7" West, for a d istance of 500.62 feet;
Thence, South 59'46'00" West,fora distance of48.00 feet to the westerly right of way line of
South Locust&ove Road,as depicted on Record of Survey No. 7075,the POINT OF
BEGINNING;
Thence, a]cng said right of way line.South DD°3017° Vest, for a distance of 351.68 feet to its
i ntersection with the northerly boundary line of that certain Parcel shown ozi R ecord of Survcy
No. 10859,Ada County Records;
Thence along said northerly boundary Iine South 89139'341 Vilest(formerly
South $9°11.30-West), for a distance of 198.00 feet to the easterly boundary line of Lot 2,
Block 2 cif MI dimonc"Subdivision,us rev rded Un Book 75,at Page 7794, Ada County Records,
which bears North 01'25'43"Fast, for a distance of 1.00 fact from a found 519"rcbar with a
plastic cap,starnp d'•18{i PLS 7729,"rcfcrcncc monurncnt;
Thence along:;aid easterly boundary line, South 01°25*43"Wesia for a dimance of 0.44 feet to its
intersmtiun with the easterly pmlongation of the sauthcrly boundary line of].t)t 9. Block 2,,of
hdedimoni SubdivisionNo_2,which bears North 01'2.5'43" Fmi, for adistani.e of0,56 fort from
the aforementioned reference monument,
Thence forth 89°01°17" West, along the southerly boundary lime of said Lot 9, Block 2 and the
easterly prolongation thereof, for a distance of 302.23 fmt to a found 112" rebar with a plastic
cap, stamped A LPE, PLS 32 ," marking the southwest corner of Lot 9, Block 2,, which is
coincident with the easterly right of way line of South Adkins Way;
Continued on Page 2
Intermountain Wood Products H-2021-0042 page4os
EXHIBIT C
Total Boundary Description Page 2
Thencc along the wcsturly boundary line of Lots 9 through 7, the following courses and
distances.
North 0D158'43" last. For a distance c,f 11 .99 feet to a found 1f2" rebar with a plastic cap,
surnped,"GA LEE, ?L.S 3260,"marking the beginning of a tangent curve lu the left;
124.55 feet along the are cof said curve, having a radius of 329,W feet, a central angle of
21"41'29", and a chord, which bears, North 09°52'01" West fnr a distance of 123,81 feet to a
found lf2" robar with a plastic cap, stamped "'GA LEE, PLS 3260," marking the beginning of a
reverse curve;
102,60 feet along the am of said eme, having a 271.00 foot radius, a antral angle of 21°41'29",
and a chard which bears, North 09°52'01" West, for a distance of 101.99 feet to a found 1 -
rebar with no cap,
North 00°58'43" East, for a distance of 106.36 feet to a found 1/2"' rebar with a plastic cap,
stamped"GA LEE,PLS 3260,"marking the northwest corner of said I.ot 7,Block 2;
Thence, leaving said westerly boundary line, South 89'01'17" East, for a distance 320.11 feet
along the northerly boundary line of said Lot 7 and the easterly pmlongation thereof to a set 518"
rehar with a plastic cap, "PL5 12720;" on the easterly boundary line of Let 2, Block 2 -of
Medimant ubdiv sioll,
Thrrice South 1q°08r17" R",-a distance of 79.97 fieet along said easterly boundary line of Lot 2,
Block 2, kwhisoh heaM North 01°25'43" East, for a distance of 5,00 feet from a found 1/2" mbar
with a plaatio yap. M nwd-GA LEE, PLS 3260,witness Garner;
Thence South 01°25'43" West,for a distance of 1&. r feet to the northwest corner of that Parcel
described in Wam my Dead, InsL No. 2020-012834;
Thence North $9146'00" East,a distance of382_31 feet along the northerly boundary line of said
Parcel to the POINT OF BEGINNING_
Containing 6.416 acres, more orr legs.
SuNect to valid easements or resffvations_
END OF DESCRIPTION.
OF%t
Intermountain Wood Products H-2021-0042 Page409
EXHIBIT C
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4 '61 M� O .00S"0!I Ww MOM a
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S9'LSD A./-L,M04S 3L�,42.04
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PLS 5282 z
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Z 4 Lli
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(LOT 9) (LOT D) 0: [LOT 10)
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PLS 37$
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Intermountain Wood Products H-2021-0042 Page410
Item#17.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN�-'
AND DECISION& ORDER
In the Matter of the Request for an Amendment to the Comprehensive Plan Future Land Use
Map to Change the Designation on Approximately 4.98 Acres of Land from Mixed-use
Community to Industrial(3.5 Acres)and Commercial(1.48 Acres);Annexation of 3.5 Acres of
Land with an I-L (Light Industrial)Zone; and a Development Agreement Modification to
Remove a Portion of the Subject Property from the Medimont Development Agreement
(Instrument No.97072405)for the Purpose of Entering into a New Agreement that Governs a 6.41
Acre Development,by Kent Brown Planning Services.
Case No(s).H-2021-0042
For the City Council Hearing Date of: November 9,2021 (Findings on November 23, 2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of November 9, 2021, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of November 9, 2021, incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of November 9,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of November 9, 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 §I I-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 approval in accordance with this Decision,which shall be signed by
the Mayor and City Clerk with a copy served by the Clerk upon the applicant,the Community
Development Dept.,the Public Works Dept. and any affected party requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(INTERMOUNTAIN WOOD PRODUCTS—FILE#H-2021-0042)
- 1 Page 411
Item#17.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 9, 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 comprehensive plan map amendment, annexation and development
agreement modification is hereby approved per the conditions of approval in the Staff Report for
the hearing date of November 9, 2021, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification. A modification to the development agreement may be initiated prior to signature
of the agreement by all parties and/or may be requested to extend the time allowed for the
agreement to be signed and returned to the city if filed prior to the end of the six(6)month
approval period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67,Idaho Code.
F. Attached: Staff Report for the hearing date of November 9,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(INTERMOUNTAIN WOOD PRODUCTS—FILE#H-2021-0042)
-2 Page 412
By action of the City Council at its regular meeting held on the 7th day of December
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 12-7-2021
Attest:
Chris Johnson 12-7-2021
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: 12-7-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(INTERMOUNTAIN WOOD PRODUCTS-FILE#H-2021-0042)
-3-
Item#17.
FofSG, �Sc'�deilt�F�•�zc:
ANNEXATION DESCRIPTION
A parcel of land described as Parcel 1 in Warranty Deed, Inst. No. 2020-012834, and all that
certain Parcel described in Warranty Deed, Inst. No. 2019-121778, located in the Northeast 1/4
of the Northeast 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, ID, more particularly described as follows;
COMMENCING at the Northeast Corner of said Section 18, from which the East 1/4 Corner
common to said Section 18 and Section 17, bears, South 00°00'39" West, (which is the basis of
bearing for this description), for a distance of 2658.72 feet; thence along the common line of said
Sections 18 and 17, South 00°00'00" East, for a distance of 828.49 feet along the centerline of
South Locust Grove Road to the POINT OF BEGINNING, from which the North 1/16t1i corner
common to Sections 18 and 17 bears, South 00°00'00" East, for a distance of 501.10 feet;
Thence, continuing South 00°00'00"East along said centerline of South Locust Grove Road, for
a distance of 352.08 feet to the intersection of said centerline and the easterly prolongation of the
northerly boundary line of that certain Parcel shown on Record of Survey No. 10859, Ada
County Records;
Thence along said northerly boundary line and the easterly prolongation thereof,
South 89°08'55" West(formerly South 89°11'30" West), for a distance of 435.81 feet to the
easterly boundary line of Medimont Subdivision, as recorded in Book 75, at Page 7794, Ada
County Records;
Thence along said easterly boundary line,North 00°54'14" East (formerly North 00°55" East),
for a distance of 352.53 feet;
Thence North 89'11'30" East, for a distance of 430.24 feet to the POINT OF BEGINNING.
The above-described Parcel contains 3.501 acres, more or less, of which 0.388 acres, more or
less is recognized as ACHD right of way.
Subject to easements of record and not of record.
tc4r �
of VD
Vz
917 Lusk Street,Suite.300 Boise, Idaho,83706 • 208-342-3144 Forsgren.com
Item 417.
ANNEXATION EXHIBIT MAP FOR
INTERMOUNTAIN WOOD PRODUCTS
LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 18, T. 3 N., R. 1 E., B.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2021
t� 7 8 E. FRANKLIN RD.
18 1
Q ��
C6
N
(N89'11'1/2"E 430.7') 0o
_ N89°11 '3_0"E_ 430.24'
382.24' — — - 48 00'
PARCEL 1 -�o ^-�o
o WARRANTY DEED
o INST NO. 2020-012834 0 o
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383.84' 8.�0 O a,Ln° Q
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a W INST NO. 201 9-1 21 778 z^ O O Po (Ji
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wl RECORD OF SURVEY Iw o
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0 S89°08'55"W 00
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S89°08'55"W 390.15' 18 17
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0
u PROJECT NO.:
FokSGRENINTERMOUNTAIN WOOD PRODUCTS 220158
c7fism yxla SHEET NO.
917 SOUTH LUSK STREET,SUITE 300,BOISE,IO 8370
FN 2 0 30019 ANNEXATION EXHIBIT 1 O
PH:20B. 3144
a
Page 415
EXHIBIT A
STAFF REPORT E IDIAN -
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING November 9, 2021 Legend
DATE: 0
leiPrv:�c- Loco-or
TO: Mayor&City Council
i)F-hFROM: Alan Tiefenbach,Associate Planner E�FFbWj'IF#`RfJ
-
Bruce Freckleton,Development -
Services Manager t
SUBJECT: H-2021-0042 k --
Intermountain Wood Products
Expansion
:=-1--F- T
LOCATION: The properties are located at 255, 335,
381, and 385 S. Locust Grove Rd, and
220, 300 and 330 S. Adkins Way, in the -------------- --
NE 1/4 of the NE 1/4 of Section 18, + E
Township 3N,Range 1E.
I. PROJECT DESCRIPTION
This is a request to expand an existing wood products business by annexing 3.5 acres of property with
the I-L zoning district,and modifying the Medimont Development Agreement to create a new
development agreement to remove a requirement for an internal landscape buffer. This application
includes requests for two Comprehensive Plan Map Amendments. The first amendment is to change
the designation of the properties to be annexed from mixed use community to industrial to allow
zoning to I-L for the warehouse. The second map amendment involves the two properties to the south
at 381 and 385 S. Locust Grove Rd(not part of the development)being designated from mixed use
community to commercial to make them more consistent with the FLUM designations of surrounding
properties to the south and west.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 3.5 acres
Future Land Use Designation Mixed Use Community
Existing Land Use(s) Vacant
Proposed Land Use(s) Industrial(distribution and warehousing for wood
products)
Lots(#and type;bldg./common) 6 existing lots
Phasing Plan(#of phases) N/A
Number of Residential Units(type N/A
of units)
Page 1
Page 416
Item#17.
Description Details Page
Density(gross&net) N/A
Physical Features(waterways, No known unique physical features.
hazards,flood plain,hillside)
Neighborhood meeting date;#of June 3,2021,3 attendees
attendees:
History(previous approvals) The three lots containing the existing business were
annexed in 1996(DA Inst.#97072405)and platted as the
Medimont Subdivision No.2. (FP 99-010).A conditional
use was approved for a wholesale building materials
building in 2001 (CUP 01-035)and the CZC was approved
in 2003 (CZC 03-007).The two parcels proposed to be
annexed and zoned to I-L to allow for expansion of the
existing business(255 and 335 S.Locust Grove Rd)are
presently un-platted.
The two additional lots proposed for a Comprehensive Plan
Map Amendment(385 and 381 S.Locust Grove Rd)were
annexed in 1999,and CZCs were issued for or the existing
daycare in 2012 and 2017(CZC 12-064,CZC A-2017-
0191,MDA 09-002).Although these lots are being
included as part of the Comprehensive Plan Map
Amendment with this application,they are otherwise not
part of the development.
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
Access(Arterial/Collectors/State Access presently occurs from S.Locust Grove Rd(arterial)
Hwy/Local)(Existing and Proposed) and S.Adkins Way(Local)
Traffic Level of Service Better than"E"
Stub Street/Interconnectivity/Cross Site plan only shows internal access to the west.
Access
Existing Road Network S.Locust Grove Rd and S.Adkins Way
Existing Arterial Sidewalks/ 7' sidewalk already exists along S.,Locust Grove Rd.
Buffers
Proposed Road Improvements No improvements required
Fire Service No comments submitted
Police Service No comments submitted
Wastewater
• Distance to Sewer NA
Services
• Sewer Shed Five Mile Trunkshed
• Estimated Project Sewer See Application
ERU's
• WRRF Declining Balance 14.18
• Project Consistent with Yes
WW Master Plan/Facility
Plan
Page 2
Page 417
Item#17.
Description Details Page
• Comments • Flow is committed
• Sewer is available from Locust Grove
• Ensure no permanent structures(trees,bushes,
buildings,carports,trash receptacle walls,fences,
infiltration trenches,light poles,etc.)are built
within the utility easement.
• Ensure no sewer services pass through infiltration
trenches.
• If existing sewer main into the site is not used it
must be abandoned at the manhole.
Water
• Distance to Water Services 0
• Pressure Zone 3
• Estimated Project Water See application
ERU's
• Water Quality No concerns
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns • Any changes to public infrastructure must be
approved by Public Works.
• If the existing water main stub is not used it needs
to be abandoned at the main in Locust Grove.
• Water main will require a 20'utility easement.
• Ensure no permanent structures(trees,bushes,
buildings,carports,trash receptacle walls,fences,
infiltration trenches,light poles,etc.)are built
within the utility easement.
• Any well that will no longer be used must be
abandoned according to IDWR requirements.
Page 3
Page 418
Item#17.
C. Project Area Maps
Future Land Use Map Aerial Map
Legend Legend 1;
iect Lcca fin
in-dustna i c
E FRI4NKLIN RCS E'FF KL'IN -
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EWATERTOWERST-J J tlal EWXTERTG)J J
Zoning Map Planned Development Map
I II
(fLegend C-G E Lar 0 fLegend
0Prcj i eci Lccaon IttProject Laca&m
City uryft
I-
— Picnned Parcels _
E`FRAN V%L'IN=R[ �- N I LIN`RD
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RUT -------------- -- C
III. APPLICANT INFORMATION
A. Applicant/Representative:
Kent Brown Planning Services—3161 E. Springwood Dr, Meridian, ID 83642
B. Owner:
Banks Group, LC—PO Box 65970, Salt Lake City,UT, 84165
Page 4
Page 419
Item#17.
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 9/17/2021 10/24/2021
Radius notification mailed to
properties within 300 feet 9/15/2021 10/20/2021
Sign Posting 9/17/2021 10/28/2021
Nextdoor posting 9/16/2021 10/20/2021
V. STAFF ANALYSIS
Background
The applicant proposes to annex 3.5 acres of property(the subject property)at 255 and 335 S. Locust
Grove Rd. in order to construct a 59,300 sq. ft. +/-warehouse for their existing wood wholesale
distribution business. The existing business is to the west of the subject properties at 300 and 330 S.
Adkins Way. This request also includes a request for a development agreement modification and
comprehensive plan map amendments.
The existing wholesale and distribution business was constructed in 2003 and is within the Medimont
Subdivision(annexed in 1996). The Medimont DA has a requirement for a 20' planting strip along
the eastern boundary of the plat area(intended as a residential buffer). This puts the required planting
strip between the existing business and the properties intended for annexation and expansion.
Accordingly,the applicant proposes a DA modification to remove the requirement for the planting
strip in this area.
This application also includes a request for two comprehensive plan map amendments. The first
amendment is to change the designation of the 3.5 acres of property to be annexed from mixed use
community to industrial to allow zoning to I-L for the warehouse. The second map amendment
involves the two properties to the south(1.48 acres total)at 381 and 385 S. Locust Grove Rd(already
zoned C-C but not part of the existing business or expansion). Until recently this was the location of
the Tree House Learning Center daycare. These properties are also designated for mixed use
community but are directly adjacent to industrial designation to the west and commercial designation
to the south along W. Watertower St. and S. Locust Grove Rd. At the pre-application meeting, staff
informed the applicant that it was not preferable to pursue a land use map amendment that would
leave a small enclave of mixed-use community designation and encouraged the applicant to work
with the adjacent property owners to amend the map to commercial with the same application. There
will still be approximately 7.2 acres of property remaining along this side of S. Locust Grove Rd
designated for MU-C, staff is unsure how viable the remainder of this property will be for mixed use
community development,particularly the two residential properties directly north of the subject
property.
Annexation
The proposed annexation area is contiguous to City annexed property and is within the Area of
City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is
recommending a new development agreement as part of the annexation approval.The applicant
has provided a new legal description of the property boundary subject to the new DA(see Exhibit
VIII below).
Page 5
Page 420
Item#17.
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
Comprehensive Plan Map Amendments
The area is presently designated for mixed use community under the future land use map
(FLUM). 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 have a tendency 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.
To the east of the subject property across S. Locust Grove Rd is single family attached
(Bellabrook Subdivision) and a religious institution. There are commercial and office uses to the
south, and directly adjacent to the west is a 27-acre industrial park. Adjacent to the north are two
existing single-family residences, and north of those is a 2.4-acre property zoned R-40 with an
existing development agreement for up to 95 multifamily units(Cobblestone Village AZ 99-005).
Given the existing development in the vicinity,the size of the remaining undeveloped properties,
and that UDC 11-3A-3 requires site circulation to occur from a local street(S. Adkins Way)
rather than an arterial(S. Locust Grove), staff does not believe the subject properties have the
accessibility and are viable for the integrated,walkable, synergistic development oriented around
open space that is anticipated by the Plan for mixed use community. Staff does believe a plan
amendment is appropriate to allow a change to industrial designation for the subject properties
and commercial designation for the properties to the south.
However, staff does have reservations with how the proposed development will interact with the
remaining properties to the north which would still be designated for Mixed Use Community. The
two properties directly north of the subject property are still in the County,the two properties
north of those are within the City and zoned R-15. Staff has concerns with whether the proposed
warehouse will limit future redevelopment in this area. Staff has not received any correspondence
from the owners of either of those properties.
B. Development Agreement Modification
The existing Intermountain Wood Products buildings are within the Medimont Development
Agreement,which was approved in 1997 (Inst. 97072405). Provision 4d requires a permanent 20-
foot-wide landscaped planning strip along the east boundary landscaped with 6-8-foot-high
scotch pines at a maximum distance of 15 ft. each. This was required to provide a screen for the
adjacent residential properties,two of which are now proposed for the warehouse expansion. This
proposal would create a new development agreement for the subject properties and would remove
this requirement.
At the time the Medimont No. 2 Final Plat was approved a common lot(Lot 2 Block 2)was
platted along the eastern perimeter of the subdivision for the purpose of this landscape screen.
This common lot was owned and maintained by the Stonebridge Owners Association. In February
of 2021 the portions of the common lot between the existing business and the parcels to be
annexed were deeded to the applicant.
As the intent of the landscape strip was to buffer the adjacent residential properties from the
industrial development, and the properties to be annexed are no longer proposed for residential,
staff supports elimination of the DA requirement in this area. However,Lot 2,Block 2(the
common lot)was split improperly. This results in two common lots—a common lot strip north of
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Item#17.
the subject properties, and a common lot strip south of the subject properties. Also, an
unbuildable common lot is now being converted to a buildable lot for a warehouse. This makes
the applicant ineligible for a parcel boundary adjustment and a short plat is necessary to
legitimize the subdivision. This will require cooperation with the Stonebridge Owners
Association that owns the remainder of the common lot. All the trees that were within this portion
of the buffer have been removed,which should be addressed. This is discussed in the landscaping
section.
C. Comprehensive Plan Policies(https://www.meridianciU.or lcompplan):
• "Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval, and in accord with any adopted levels of
service for public facilities and services."(3.03.03F)
The subject property is surrounded by the City limits to the south, east and west. City water
and sewer service is available and can be extended by the developer of the property proposed
to be annexed with development in accord with UDC 11-3A-21.
• "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 industrial use will be required to provide a landscaped buffer along property
lines adjacent to residential uses (i.e. to the north)with development per UDC Table 11-2C-
3. No outdoor storage is proposed with this development.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
Staff does have concerns regarding the present concept plan as will be discussed in the
dimensional standards section below. Staff has red-marked on the concept plan that this plan
should not be approved and future development should comply with all pertinent regulations
and the Architectural Standards Manual.
In regard to the proposed use, with appropriate design the proposed warehouse should be
compatible with the existing industrial uses to the west and the commercial uses to the south.
The required buffer to residential land uses to the north should minimize conflicts between
land uses. However, staff does have concerns regarding how industrial development on the
subject property could affect future development potential for the properties to the north,
which will still have the Plan designation of mixed-use community.
• "Support infill development that does not negatively impact the abutting, existing
development. Infill projects in downtown should develop at higher densities,irrespective of
existing development."(2.02.02C)
The proposed infill industrial development should not negatively impact abutting uses as
other industrial uses exist to the west, commercial to the south, and a landscaped buffer is
required along the north property boundaries to residential uses which should minimize
conflicts.As noted in the Architecture Section below, the building architecture as submitted
should not be approved and the warehouse should meet all standards of the ASM at time of
Certificate of Zoning Compliance (CZC).
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and
the extension to and through said developments are constructed in conformance with the City
of Meridian Water and Sewer System Master Plans in effect at the time of development."
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Item#17.
(3.03.03A)
The proposed development will be required to connect to City water and sewer systems with
development.
• "Require urban infrastructure be provided for all new developments,including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Curb, gutter and sidewalk has already been constructed along S. Locust Grove Rd and S.
Adkins Wy, and in their staff report dated September 13, 2021 ACHD noted no additional
road improvements were necessary. Hook-up to City water and sewer service is required with
development.
• Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements,access management, and frontage/backage roads, and promoting
local and collector street connectivity. (6.01.02B)
The concept plan indicates primary access, including for trucks, occurring directly from S.
Locust Grove, an arterial.Also, staff has recommended to the applicant that cross access be
provided to the properties to the north and south, although the concept plan does not reflect
this. Staff has addressed this in the conditions of approval.
D. Proposed Use Analysis:
The applicant requests to annex and zone to I-L to allow a warehouse. This 1s an allowed use per
UDC 11-2C-2.
E. Specific Use Standards(UDC 11-4-3):
There are specific use standards for a warehouse use per UDC 11-4-3-42. This includes a
limitation on square footage of office and retail, and outdoor activity areas not being located
within 300 feet of an adjacent residence or residential district. The 4,800 sq. ft. office area is well
under the 25%limitation on office uses,but the concept plan reflects an outdoor loading area as
close as 100 feet from the adjacent residential property to the north.At the time of the certificate
of zoning compliance(CZC),the applicant will need to either move the loading bay to conform to
the regulation or fully enclose the loading bay.
F. Dimensional Standards(UDC 11-2):
The I-L zoning district requires a 35 ft. street setback.A 25 ft. wide landscape buffer is required
along S. Locust Grove Rd.,which is the same width required for landscape buffers on any side
bordered by residential. Building height is limited to 50 ft. The site plan as submitted does
suggest the landscape buffer along S. Locust Grove Rd. is met,but the width of the residential
buffer to the north does not meet UDC standards.
The site and design standards of UDC I I-3A-19 state that for properties greater than two(2)
acres in size,no more than fifty(50)percent of the total off street parking area for the site shall be
located between building facades and abutting streets. The concept site plan as submitted shows
the entirety of the parking between the building and S. Locust Grove Rd.
UDC 11-3A-19 also requires an applicant to extend or improve streets,drive aisles, cross access
easements or similar vehicular and pedestrian connections provided from adjacent properties. The
concept plan as submitted does not provide access to the properties to the north and the south.As
a condition of approval of the development agreement, staff is recommending cross access to
these adjacent properties.
Staff does have concerns with the concept site plan as submitted because of the comments listed
above. Staff has additional concerns regarding the size and visibility of the proposed warehouse
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Item#17.
as would be viewed from S. Locust Grove Rd., and is unsure the building as shown would meet
all the requirements of the Architectural Standards Manual(ASM).Although staff is overall
supportive of annexation of the property for the purpose of the expansion, staff believes
additional revisions need to be made to the site plan in order to be consistent with the regulations.
Staff is not supportive of the concept plan as submitted.
G. Access(UDC 11-3A-3, 11-3H-4):
The existing business presently takes access from two driveways off of S. Adkins Way, a local
commercial street. The two properties to be annexed are currently both rural residential, each
with a driveway access from S. Locust Grove Rd.
S. Locust Grove Road is classified as an arterial roadway and is improved with 5-travel lanes,
bike lanes,vertical curb, gutter, and 7-foot wide sidewalk abutting the site. The concept plan as
submitted shows access for this site occurring via a 40 ft. driveway directly from S. Locust Grove
Rd. The applicant has mentioned employee, customer and truck access could occur at this
driveway.ACHD has noted this proposal complies with all ACHD requirements. The Council
can grant a waiver to allow the access,but staff prefers the applicant develop the site plan with
internal circulation and send trucks through S. Adkins Way as previously discussed at the pre-
application meetings.
Staff has concerns with access occurring from S. Locust Grove Rd. UDC 11-3A-3 states where
access to a local street is available,the applicant shall reconfigure the site circulation plan to take
access from such local street. Also,where access to a local street is not available,the property
owner shall be required to grant cross-access/ingress-egress and extend or improve streets,drive
aisles, cross access easements or similar vehicular and pedestrian connections provided to
adjacent properties.
During the March 2021 Pre-Application meeting, it was mentioned to the applicant that the site
plan as submitted should be revised to remove primary access from S. Locust Grove, access
should be provided to the properties to the north and south, and it would be preferable for truck
access to occur via the existing driveway from S.Adkins Way. The concept plan as submitted
does not reflect any of these access points. As a condition of approval, staff recommends the
access from S. Locust Grove Rd be closed, and the site plan be revised to indicate access from the
north, south and west.
H. Parking(UDC 11-3C):
UDC 11-3C-6 requires one space for every 2,000 sq. ft. of gross floor area for industrial uses
(warehouse). Based on a 53,350 sq. ft. warehouse and 4,800 sq. ft. of office space this amounts
to 27 parking spaces required whereas 44 are provided. However, as mentioned above in the
dimensional standards section above,the parking configuration as shown on the site plan does not
comply with UDC 11-3A-19 in that all parking area is located between building facades and
abutting streets.
11-3C-5 requires all off street parking areas to be provided with a substantial wheel restraint to
prevent cars from encroaching upon abutting private and public property or overhanging beyond
the designated parking stall dimensions.When a bumper overhangs onto a sidewalk or landscape
area,the parking stall dimensions may be reduced two(2)feet in length if two(2)feet is added to
the width of the sidewalk or landscaped area planted in ground cover. The concept plan does not
appear to meet either of these requirements.
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Item#17.
I. Sidewalks(UDC 11-3A-17):
8 ft. wide sidewalk exists along S. Locust Grove Rd. and sidewalk of at least 5 ft. exists along S.
Adkins Way. ACHD has submitted a staff report and does not request any additional sidewalk
improvements.
J. Landscaping(UDC 11-3B):
UDC Table 11-2C-3 requires a 25 ft. wide landscape buffer along arterial roads(S. Locust Grove
Rd), 10 ft. wide buffer along local road(S. Adkins Way), and 25 ft.wide landscape buffers when
sharing a property line with a residential use. There are also landscaping requirements(UDC 1I-
3B-8C) for parking lots,including not more than 12 parking spaces in a row without at least a 50
sq. ft.planter islands and a 5 ft. wide perimeter buffer adjacent to parking, loading or other
vehicular use areas.
A landscape buffers meeting the minimum dimensions will be required along S. Locust Grove
Rd. There is an existing landscape buffer along S. Adkins Way and the parking lot appears to
meet minimum requirements. The residential landscape buffer to the north of the site does not
appear to meet the minimum width of at least 25 ft. The properties to the south(381 and 385 S.
Locust Grove Rd) are not part of the current development and are subject to a separate
development agreement.
As mentioned in the DA modification section above,the existing Medimont Development
Agreement has a requirement for a permanent 20 ft.wide planting strip along the eastern
boundary of the subdivision,planted with 6-8 ft. high pines at no less than 15 ft. apart. When staff
initially did the site visit for the pre-application meeting, staff discovered all trees that had been in
this required planting strip between the existing business and the properties to be annexed had
been cut down. Staff mentioned to the applicant these trees were a requirement of the final plat
and DA and could not be removed without a DA modification. Staff requested the applicant
account for all trees that had removed, and the applicant responded 11 trees had been removed in
this area ranging in diameter from 11.5 in. to 20 in.to a total of 169 inches. As these trees were a
requirement of the DA, staff recommends a condition that the applicant shall coordinate with the
City Arborist to ensure an additional 169 caliper inches of trees meeting the minimum 6-foot
height requirement be planted on the property in excess of other minimum landscaping
requirements.
K. Waterways(UDC 11-3A-6):
There are no waterways known to traverse the property. There is an ACHD detention pond on
another property approximately 500 feet to the north.
L. Fencing(UDC 11-3A-6, 11-3A-7):
The existing business has chain link fencing along the sides and rear of the facility. The
properties to be annexed currently have, 3-strand wire,chain link and open split rail fencing. The
concept site plan does indicate some of the existing fencing along the side property lines will
remain. At time of CZC,the applicant will be required to submit a landscape plan that reflects all
fencing meets the provisions of UDC 11-3A-7. This includes screening of any outdoor storage as
required by UDC 11-3A-14.
M. Utilities (UDC 11-3A-21):
Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street
lighting is required to be installed in accord with the City's adopted standards, specifications and
ordinances. See Section VI below for Public Works comments/conditions.
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Item#17.
N. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual elevations have been provided with this submittal. The elevations do not meet the
minimum requirements of the ASM. This includes nearly the entirety of the building materials
being metal siding,lack of accents of at least 30%along the base of the building, fagade sections
longer than 50 ft. without modulation,rooflines longer than 50 ft. without roofline or parapet
variations, and possibly not meeting the 30%fenestration requirement or fenestration alternatives.
Staff recommends the conceptual elevations not be approved. Also,due to visibility of this
property from S. Locust Grove Rd and that it is surrounded on three sides by commercial and
residential development, staff recommends a DA provision that requires architecture comply with
the commercial,not industrial standards.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed amendment to the Future Land Use Map,DA
modification and Annexation with the requirement of a Development Agreement per the
provisions in Section IX in accord with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard this item on October 7. 2021. At the public
hearing,the Commission moved to recommend approval of the subject annexation,map
amendment and development agreement modification request.
1. Summary of the Commission public hearing_:
a. In favor: Kent Brown
b. In opposition:None
C. Commenting: Kent Brown.
d. Written testimony: A letter was received from Camy Donahue at 336 S. Truss Lane. She
voiced concerns with decrease in property values,traffic,particularly for trucks,
lighting, and landscaping
e. Staff presenting gpplication: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony
a. None
3. Key issue(s)of discussion by Commission:
a. Commission discussed traffic,particularly the proposed access from S. Locust Grove
Rd.
4. Commission change(s)to Staff recommendation:
a. Commission noted the updated site plan that was presented at the meeting should be
approved with a revision showing a northern cross access to the property at 255 S.
Locust Grove Rd.
b. Commission recommended approval with staff s recommendations and the additional
recommendation that Council approve the S.Locust Grove Rd access.
C. The Meridian City Council heard these items on November 9, 2021.At the public hearingthe
Council moved to approve the subject annexation, comprehensive plan map amendments
and development agreement modification requests.
1. Summary of the City Council public hearing:
a. In favor: Kent Brown
b. In opposition: None
c. Commenting: Kent Brown
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Item#17.
d. Written testimony: An additional letter was received from Jeremy Peterson,owner of
381 and 385 S. Locust Grove. The letter expressed overall support but emphasized the
importance of the subject property providing a southern connection and maintaining
access from S. Locust Grove Rd.
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. One citizen testified on potential traffic impacts from trucks associated with the
operation.
3. Key issue(s)of discussion by City Council:
a. Council discussed traffic, site access, size of building,hours of operation, and
emphasized the importance of high-quality architecture.
4. City Council change(s)to Commission recommendation:
a. Council approved waiver from UDC 11-3A-3 to allow continued access from S. Locust
Grove Rd,with a restriction that the hours of operation from this access were limited to
7AM to 5PM.
b. Council clarified the revised concept plan provided to the Planning Commission dated
October 7,2021 was the one that was being approved.
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Item#17.
VII. EXHIBITS
A. Future Land Use Map—Adopted&Proposed Land Uses
Date: 612912021
Adopted Land Uses
f500 1,
ID 7
- 4 Feet 7
High Density [ResidentiGI
IA_M
a l
General
Indushifll MMtUlj-C
Legend
`TMISAP Boundary
Law Density Residential
1
Medum Density Residential
Med-High Density Residential
High Density Residential
- Commercial
{gHce ;CnlFllrlfll
® Industrial I -
CirAC Proposes[ Land Uses
Old Town
Mixed Use Neighfrotood
0
Mixed Use Community
® Mixed Use Regional + _
- Mixed Use Non-Residential -
Mixed Use-Interchange
Low Density Employment
- High Density Employment
Mixed Employment
I _J MU-Res
r--• eneral AMU C
NI
L_ I MU Com dustrinl
Lifestyf Center
Kalffts
Mediurn
Commercial DensityWa
Residentiali`,
Page 428
Item#17.
B. Annexation Exhibit(date: June 16, 2021)
FoDQGREN� s#!.
Alt EXAT`>) N DESCRIIfiION
A parcel of land described as Parcel 1 in Warranty Deed,Inst,No.2020-012934,and all that
certain Parcel described in Warranty Dcud,Inst,No.2019-121778,located in the Northeast 114
of the Northeast 114 of Section IS,Township 3 Month,Range I East,Boise Meridian,City of
Meridian,Ada County,ID,more particularly described as follows;
COMMENCING at the Northeast Comer of said Section 18,from which the East 114 Corner
common to said Section 18 and Section 17,bears,South OU'00'39"West,(which is the basis of-
bearing for this description),for a distance of 2658.72 feut;thuncc along the 4ommon line of said.
Sections 18 and 17,South 00°00'00"Last,for a distance:of 828.49 feet along the centcrline of
South Locust Grove Road to the POINT OF BEGINNING,from which the North ]116'comer
common to Sections 18 and 17 bears,South 00"00'00"East,for a dist.anuc of 50 1.10 feet;
Thence,cxrntinuing South 0M0'00"East along said centerline of South Locust Grove.Ruud,for
a distan{x:of 352.0S feet to the intersection of said centerline and the easterly prolongation of the
nurtherly boundary line of that certain Parcel shown on Record of Survey No. 10839,Ada
COUnty RLuTO-.
Thence,along,said norther]y boundary line and the easterly prolongation thereof,
South 89'08�55"WusL(former]y South 89'a11'30"West),for a distance of 435.81 feet to the
easterly boundary line of Mudirnont Subdivision,as recorded in Hook 75„at Page 7794.Ada
County Records;
Thence along said easterly boundary line,North 00'54'14"East(formerly North 00°55"East),
for a distance of 352.53 feet,
Thence North 89'11'30"East,for a distance oT430_24 feet w the FOUNT OF BEGINNING.
The above-described Parcel contains 3.501 acreu%, mtrrc or Icss, of which 0,398 acres, more or
loss is recognized as ACHD right of way,
Subject to casements of record and not of record.
s�
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917 Lusk StrccL Suite;300•Boise,Idaho,93706.203-342-3144•rengm.mm
d�fgi1L€��fiAt S�' et.C�1YMAtul.Afe+�c2,1
Page 14
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Item#17.
ANNEXATION EX-iIB'T MAP FOR
INTERMOUNTAIN WOOD PRODUCTS
LOCATED IN THE ILE 1/4 OF THE NE 1/4 OF SECTION 18, T. 3 K, R. 1 E., B.M.,
CITY OF MERIDIAN. ADA COUNTY. IDAHO
2021
E
' E. FRANKLIN RCS. 7- 9
I
(N89'111/2-E 4.30-7') '°
N8911"3_0"'E_ 4�{3_. 4'
382,24" T 4$,cltj
a PARCEL i
o NJARRANrY DEED
f; iNST NO. 2020-012834
caw <
Lo n r. L.J
L #1 ($r�9'11 1/2`W 432,3')
n Lo
W O` Li
d WARRANTY DEED
INST N4, 2019-1 21 775 ip
c U7
h W >r 0 'V
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o ' 3.501 t ACRES T1 to_ 0
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RECORLT OF SURVEY Jyi c'
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589 "59 HF T90.15' — 1/16 CORNER
1817
SCALE: 1'*;l Q'
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INTERMOUNTAIN WOOD PRODUCTS P�reCT ro.:F � RE 2201 58
SHEET
W;"�,�. K}Mt!r.5UM 3W.D•m5«c.in*3�, ANNEXATION EKHIBIT
1 OF 1
Page 15
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Item#17.
C. DA Modification Legal Description and Exhibit(date:August 5,2021)
TOTAL BOUNDARY DESCRIPTION
A portion of Lot 2, Block 2 of Medirnont Subdivision CNo,I, a.5 rccordcd in [look 75,at Page
7794,Ada County Records-, all ofLois.7, 8,and 9, Block 2+tifMcdirnont Subdivision No.!,ws
rccurdcd in Bot)k 79,at Page 8453, Ada County Records,a portion oftho certain parccl
described &%Panel 1 in Warranty Deed, In-&L. 1Lo_ 202€1-012834, and.a portiim of that c.u.rtain
Marcel described in Wamanty Deed, Inst. No.2()19-12177H,all ofixhich is iouaLccl in the
Northeast 1/4 of the Northeast 14 oPSection 1 at,-Township 3 North, Range 1 Last, Boi!ic
MeridiM Ada Coanty, 1D,more particularly described as follows',
COMMENCING at the Alortheast Corner of Section 1S; thrnce alrung the curnmon line of
Sections 18 and 17,which is coincident with the centcTlinC of South Locust(wove[toad,
South 00'30'1 T'West,for a distance of 829.00 feet,from which a 5(8"rebar with a plastic cap,
stamped "CSC PLS 5082,"marking the North 1110 corner common to Sections 18 and 17
bears, South 00130'1 T' West, for a distance of 500�62 feet;
`Mence, South 89"46'00" West,for distance of48.00 feet to the westerly right of way line of
South Locust Grove Road,as depicted on Record of Survey No. 7075,the POINT OF
BEGINNING,
Thence, along said right of way line,South 00'30'17" West, for a distance of 351.68 feet to its
intersection with the northerly boundary line of that ccrtzin Parcel shaven on Record cF"Survcy
N(i_ 10959,Ada County Regis;
"Bronco along said northerly boundary line South 89°39"34"West(formerly
South 89111'30" Went), for a distance of 388.00 feet to the easterly boundary line of Lot 2,
Block 2 of Mcdimont subdivision,as recorded in Rook 75,at Pap 7794, Ada County Records,
which buaus North 01'25'43">rast, for a distance v9'1.old} feet from a found 519"rehear with a
plastic cap,stamped"ISU P1.5 7729 "rc.l�rs;ncc mtinumeilL',
Thence along:laid uasLorly houndary line, South 01='25:43': We it,for a distancr,of0.44 feet to Its
intersection with the casterly pmlongation of the%uuLhcrly boundary line of[-Art 9. Block 2,,of
M+edimont Subdivision No-2,which bears North 011'25'43" 1'asL, for a dktancv,of0.56 fart.from
the aforementioned reference monument;
Thence forth 89*01"17" West, along the southerly boundary line of said Lot 9, Bloch 2 and the
easterly prolungation thereof, for a distr3ncc cif 302.23 feet to a found 112" reba r with a plastic
cap, stamped ,.CA LFF, PLS 3260," marking the southwest corner of Lot 9, Flock 2, which is
coincident with the easterly right of way line of South Adkins Way;
Continued an Page 2
Page 16
Page 431
Item#17.
'Fetal Houndarti, Description Page 2
Thencc: along the: wmxly boundary line of Lots 9 through 7, the following courses and
distances.
berth 0{?58'43" Ea L .Far a distance of I lli_lilt feet to a found 1/2" mbar %0th a plastic cap,
stainped,"GA LEE, PLS 3260,''marking the t ginning of tangent c'urvie to the lets
124.55 feet along the are of said curve, having a raidius or 329M foot, a central angle of
21"41'29", and a chord, which bears, Nonh 09"52°01" 4V etit, for a distance of 123.81 fe et to a
found 1{2" rebar with a plastic cap, starnpcd -GA LEE, PL 3260," marking the beginning of a
reverse curve;
02.60 feet along the are of said eurve, having a 271.00 fool radius, a central anglc: of 21°'4i'29
and a chord which bears, North 09 '52'01" West, for a distance of 10 1.99 feet to a found 112"
rebar with no cap;
North 00-58'43" East, for a distance of 106.36 feet to a found 1/2" rebar with a plastic: cap,
stamped"EGA LEE,PLS 3260,"marking the northwest corner of said Lot 7, Block.2;
Thence, leaving said westerly boundary line, South 89"01'17" East, for a distance 320.13 feet
alurig the northerly boundary line of said Lot 7 and the easterly prolongation thereof to a set 5/8"'
rcbw with a plastic cap, "PISS 12720;" on the easterly boundary line of Lot 2, Block 2 of
Medimopnt Subdivisiom
fihence South 19"08'17" Fast,a distance of 79.97 feet along s:aA easterly boundary line of Lot 2,
Block 2, which hears,Nortb 01 1"25'43" East for a distance of 5.00 feet from a found t 2" rebar
with a plastic eap, stamped-GA LEE, ?LS 3260,witness corner;.
Thence South 01°25'43" We--%t,fora distance of 18.96 feet to the northwest corner of that Parcel
described in Warranty Deed, Inst_No, 2020-012834;
Thence North 99446'00" East,a distance of392-11 feet along the northerly boundary line ot-said
Pare]to the POINT OF BEGINNING.
IYING.
Containing 6.416 acres, more or less.
Subject to valid easements or reservations.
END OF DESCR.IPTTON.
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Page 17
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D. Site Plan(date: 1/12,12021 10/7/2021)
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Page 21
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Item#17.
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.
The DA shall be signed by the property owner and returned to the Planning Division within
six(6)months of the City Council granting the annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Future development on the site shall comply with the non-residential design standards for
commercial districts in the Architectural Standards Manual and the design standards
listed in UDC 11-3A-19.
b. Future development of this site shall be generally consistent with the conceptual site
plan dated October 7,2021 included in Section VII and the provisions contained
herein.
c. The S. Locust Grove Rd. access shall be used for-emer-geney aeeessonly, Foss waived
by CtyCouneil in aeeer-d with UPC 11 3A 3 shall only be used Monday-Friday
between 7AM to 5PM.
d. Cross-access easements shall be granted to the abutting property to the north(Parcel#
S 1118110071) and south(Parcels#R0879824125 and R0879824130); a copy of the
recorded easement shall be submitted to the Planning Division with the Certificate of
Zoning Compliance application for this site.
e. The applicant shall coordinate with the City Arborist on a mitigation plan to ensure an
additional 169 caliper inches of trees removed from the property meet the standards set
forth in UDC 11-313-10.
f. Prior to Certificate of Occupancy,the applicant shall complete a short plat to merge
Parcel# S 1118110105 and# S 1118110130 as well as the portion of Lot 2, Block of the
Medimont Subdivision that was deeded to the applicant.
g. The applicant shall comply with the warehouse specific use standards set forth in UDC
11-4-3-42. The proposed outdoor loading area shall not be located closer than 300 feet
from the adjacent residential property to the north or fully enclosed.
h. A 25-foot wide landscape buffer shall be constructed on the northern boundary to
residential land use as required per UDC Table 11-2C-3, landscaped per the standards
listed in UDC 11-313-9C,unless otherwise reduced by City Council.
B. PUBLIC WORKS CONDITIONS
SITE SPECIFIC CONDITIONS:
2. Ensure sewer services do not cross infiltration trenches.
3. Ensure no permanent structures(trees,bushes,fences,buildings, car ports,trash enclosures,
infiltration trenches, light poles, etc.)are built within a City utility easement.
4. Unused water or sewer service stubs or mains must be abandoned in accordance with current
City standards.
GENERAL CONDITIONS:
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Item#17.
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. 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. 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.
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. 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 Standards 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 record 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. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
10. 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.
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Item#17.
11. 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.
12. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
13. Developer shall coordinate mailbox locations with the Meridian Post Office.
14. 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.
15. 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 I-foot above.
16. 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.
17. 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.
18. 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.meridiancioy.or�ublic_works.aspx?id=272.
19. 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. IDAHO TRANSPORTATION DISTRICT (ITD)
https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=234988&dbid=0&repo=MeridianC
fty
D. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=237340&dbid=0&repo=MeridianC
ky
E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
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Item#17.
https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=237150&dbid=0&repo=MeridianC
Lty
IX. FINDINGS
A. Comprehensive Plan Map Amendment
Upon recommendation from the Commission,the Council shall make a full investigation and
shall, at the public hearing,review the application. In order to grant an amendment to the
Comprehensive Plan,the Council shall make the following findings:
1. The proposed amendment is consistent with the other elements of the Comprehensive
Plan.
Council finds the proposed amendment from Mixed-Use Community to 3.5 acres of Industrial
for 225 and 335 S. Locust Grove Rd. and 1.32 acres of Commercial for 381 and 385 S.
Locust Grove Rd. is compatible with adjacent industrial uses in the area and is consistent
with the goals and policies in the Comprehensive Plan as noted in Section V.
2. The proposed amendment provides an improved guide to future growth and
development of the city.
As the adjacent development pattern is industrial to the west and commercial to the south,
Council finds that the proposal to change the FL UM designation from Mixed Use—
Community to Industrial and Commercial will provide an improved guide to future growth
and development in this area and will be compatible with adjacent industrial uses.
3. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
Council finds that the proposed amendment is consistent with the Goals, Objectives, and
Policies of the Comprehensive Plan as noted in Section V.
4. The proposed amendment is consistent with the Unified Development Code.
Council finds that the proposed amendment is consistent with the Unified Development Code.
5. The amendment will be compatible with existing and planned surrounding land uses.
If staffs recommendations are followed regarding design and compliance with UDC
standards, Council finds the proposed amendments to Industrial and Commercial will be
compatible with other existing industrial and commercial uses in the area.
6. The proposed amendment will not burden existing and planned service capabilities.
Council finds that the proposed amendment will not burden existing and planned service
capabilities in this portion of the city. Sewer and water services are available to be extended
to this site.
7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses
that allows sufficient area to mitigate any anticipated impact associated with the
development of the area.
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Item#17.
Council finds the proposed map amendment provides a logical juxtaposition of uses and
sufficient area to mitigate any development impacts to adjacent properties.
8. The proposed amendment is in the best interest of the City of Meridian.
For the reasons stated in Section V and the subject findings above, Council finds that the
proposed amendment is in the best interest of the City.
B. Annexation and/or Rezone (UDC 11-513-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an
annexation and/or rezone, the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The Applicant is proposing to annex the subject property with I-L zoning and develop industrial
uses on the property. Although the FLUM presently designates the areas for mixed use
community,for the reasons listed in the Comprehensive Plan Map Amendment section above
staff finds industrial use is appropriate in this area and supports a plan map amendment.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds the proposed map amendment to I-L generally complies with the purpose
statement of the I-L district in that it will encourage industrial uses that are clean, quiet and
free of hazardous or objectionable elements and that are operated entirely or almost entirely
within enclosed structures and is accessible to an arterial street(i.e. S. Locust Grove Rd.).
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Council finds the proposed map amendment should not be detrimental to the public health,
safety and welfare as the proposed industrial use should be conducted entirely within a
structure.
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 City services are available to be provided to this development.
5. The annexation(as applicable)is in the best interest of city.
Council finds the proposed annexation is in the best interest of the City, if the applicant
enters into a new development agreement and adheres to the DA provisions above.
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