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Hatch Industrial Annexation H-2021-0026 (2022-013890) ADA COUNTY RECORDER Phil McGrane 2022-013890 BOISE IDAHO Pgs=29 CHE FOWLER 02/09/2022 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ronald Hatch, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this tf 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 Ronald Hatchwhose address is PO Box 776, Meridian, Idaho 83680, hereinafter called OWNEWDEVELOPE . I. RECITALS: : 1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code § 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 1.1-58-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and rezoning of I.59 acres of land to I-L(Light Industrial) zoning district on the property listed in Exhibit "A", attached hereto, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council,includes responses of DEVELOPMENT AGREEMENT—HxrCH 1NDt1STRFAL, (K-2021-0026) PAGE 1 OF 8 government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 19"'day of November, 2021,the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPOER: means and refers to Ronald Hatch, whose address is PO Box 776, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s)and/or developer(s)of the Property. DEVELOPMENT AGREEMENT-HATCH INDUSTRIAL (H-2021-0026) PAGE 2 OF 8 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VM, Unified Development Code standards, design standards in the Architectural Standards Manual and the provisions contained in the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B". b. Future structure(s)on the site shall comply with the non-residential design standards in the Architectural Standards Manual for commercials districts (i.e. CD). c. A cross-access easement shall be granted to the abutting properties to the north(Parcel #R3579000034)and south(Parcel#R3 579000050)for access to/from N.Linder Road through the subject property; a copy of the recorded easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application for this site. d. A 5-foot wide buffer shall be provided to residential land uses as required per UDC Table 11-2C-32 and as reduced by City Council at the hearing on October 9, 2021, landscaped per the standards listed in UDC 11-3B-9C. e. There are existing trees on this site that if removed may require mitigation per the standards listed in UDC 11-3B-10C-5. The owner/developer shall contact Matt Perkins,the City Arborist,to schedule a site inspection prior to removal of any trees from the site to determine mitigation requirements. f. A 14-foot wide public pedestrian easement shall be recorded for the multi-use pathway along Linder Road as required by the Parks Department. A copy of the easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. g. A minimum of 25-foot wide street buffer,measured from back of sidewalk,is required to be provided along N.Linder Rd., landscaped per the standards in UDC 11-3B-7C. DEVELOPMENT AGREEMENT-HATCH INDUSTRIAL (H-2021-0026) PAGE 3 OF 8 Item#4. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owners/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT—HATCH INDUSTRIAL (H-2021-0026) PAGE 4 OF 8 Page 116 Item#4. 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. 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: Ronald Hatch PO Box 776 Meridian, ID 83642 DEVELOPMENT AGREEMENT—HATCH INDUSTRIAL (H-2021-0026) PAGE 5 OF 8 Page 117 Item#4. 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 parry shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subjectto the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT—HATCH INDUSTRIAL (H-2021-0026) PAGE 6 OF 8 Page 118 Item#4. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/D VELOPER: ERo ld Hat CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 2-8-2022 Chris Johnson, City Clerk 2-8-2022 i DEVELOPMENT AGREEMENT—HATCH INDUSTRIAL (H-2021-0026) PAGE 7 OF 8 Page 119 Item#4. STATE OF IDAHO } ss: County of Ada } On this of ,2021,before e undersigned,a Notary Public in and for said St ,personally appeared Ronald Hatch n or identified to me to be the person who signed ab e and acknowledged to me that he cuted the same WITNESS WHEREOF, I h ereunto set my hand and affixed my official s day and year in this certificate fir e written. S-fl� Not a ublic for Redding at: My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this 8th day of February 12022 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. (SEAL) Notary Public for Idaho Residing at: Meridian,Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—HATCH INDUSTRIAL (H-2021-0026) PAGE 8 OF 8 Page 120 Item#4. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe identity ofthe individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California l Countyof 5041"l-bles4o J} On'rl�tttv,,,�WY` 51 7-02*1 before me, arEr�L �• fyv�ii���t o11/ ��IIC— Date ` H4�� �ye0._/ns� ame and Ti le of the O ficer personally appeared ��..�� ��tl)`� rymejs) Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the DANIEL D. SPONSELLER laws of the State of California that the foregoing '1 EUUEw••. U e COMM. #2360805 paragraph is true and correct. NOTARY PUBLIC •CALIFORNIA SAN DIEGO COUNTY n WITNESS my hand and official al. COMM.EXPIRES JUNE 111 2025-' Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Documen Title or Type of Document: �tvldvw� &$'f tt-V^ Document Date: 12-' $1 ?_1ZA Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) igner's Name: Signer's Name: ftb rate Officer- Title(s): ❑ Corporate Officer- Title(s : ❑ Partner- imited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑ rney in Fact ][I Individual ❑ Att❑ Trustee ❑ than or Conservator Trustee uardian or Conservator ❑ Other: O . Si is Representing: igner is Representing: ©2019 National Notary Association M1304-09(11/20) Page 121 EXHIBIT A Item#4. Annexation Legal Description ACCURMTE L r Sr�V1GE Annexation Description A parcel of land being all of Lots 8 and 9 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, Records of Ada County,said parcel is located in the Southwest Quarter of the Southwest Quarter of Section 12,Township 3 North, Range 1 West of the Boise Meridian,Ada County, Idaho,being more particularly described as follows: Commencing at the found 4 inch aluminum cap monument at the corner common to Sections 11, 12, 13 and 14,T3N, R1W from which the found 3 inch brass cap monument in asphalt at the quarter corner common to Sections 11 and 12,T3N, R1W bears N 00'32'39" l;a distance of 2645.87 feet;thence N 00*32'39"E along the section line for a distance of 646.92 feet to the REAL POINT OF BEGINNING; Thence N 89'41'22" E fora distance of 40.00 feet to a found 5/81'inch iron pin labeled PLS 11779 at the northwest corner of Lot 8; Thence N 89'41'22" E along the line common to Lots 7 and 8 for a distance of 315.19 feet ton set 5/0 inch iron pin with a cap stamped PLS 11463 at the northeast corner of Lot 8; Thence S 00"46'31"W for a distance of 192.00 feet to a found X inch iron pin,replaced with a 5/8`1'inch iron pin with a cap stamped PI-5 11463; thence 5 88"31'38"W along the line common to Lots 9 and 10 for a distance of 314.52 feet to a set WWI'inch iron pin with a cap stamped PLS 11463 at the southwest corner of Lot 9; Thence S 88°31'38"W for a distance of 40.02 feet to a point on the section line; Thence N 00"31'39" E along the section line for a distance of 199.18 feet to the REAL POINT OF BEGINNING. Parcel contains 1.593 acres,or 69,379 square feet,more or less, 116 � 1p 1602 W. Mays St..Suite 308 Boise, ID 83702 Phone:208.488-4227 . %,Av+A•.accurates a rveyors.com Hatch Industrial H-2021-0026 Page 122 Item#4. X1 LOTS 8 & 9, HEPPE4S ACRE SUBDIOSION, BOOK 19 OF PLATS, PAGES 1298-1299, ADA COUNTY RECORDS. L YING W1 T]-!IN TIME SW 114 OF THE SW 114 OF SEC77ON 12 T.3N., R.I W. B r4+1. COUNTY OF ADA STATE OF IDAHO W' PINE AVE. iF F 08 �`fa?% i r2i�B,`v1'4 � a'f �-- SCALE-: ;00' ° N 89'41 '22 F J55. 19' 47 C) d Oq Q} 4-) I LO Q ` 1.593 Acres, x q 69,379 Square Feet QuLo S $8`31'38" W 354.54' Q s HEPPF_RS ACRE SUBDIVISION w 40' U 1 ILEGEND ANNEX BOUNDARY �A 10f S.0 SECTION LINE PARCEL LINE — PLATTED LOT LINE SLCFIOr1 CGS+`;tR 17 f2 W FR.4NKL1N RAJ. FOUND 3" BRASS CAP MONUMENT NO, 21W6 !tQ-7R4 14 7 5 ® FOVNO 4" ALUMINUM CAP MON. 0 SET 5/8" IRON PIN W171.1 2" ALUMINUM CAP, PLS t 146J A CALCULATED POINT X FOUND DISTURBED 112" IRON PIN. ti�Y 7E�yACCUMTE REMOVED AND REPLACED VRTH 516" IRON PIN, WITH 2" ALUMINUM CAP, PLS 7146J E I m i5021M.11ays SzrReL?306 FOUND 112" IRON PIN, Boise,Idaho 63702 WI H PLA577C CAP, AS NOTED ti -. {2l3H;ASS 4221 sf Y 1�,� w:ti v, cCuratesurveyors.corr' i � PLATTED LOT NUMBER DATE:JUNE, 2021 JOB 21-211 Page 123 item#4. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAN�' AND DECISION& ORDER q In the Matter of the Request for Amendment to the Comprehensive Plan Future Land Use Map (CPAM)to Change the Future Land Use Designation on 42+/-Acres of Land from Mixed Use— Community to Industrial; and Annexation of(AZ) of 1.59 Acres of Land with an I-L(Light Industrial)Zoning District for Hatch Industrial,by Hatch Design Architecture. Case No(s).H-2021-0026 For the City Council Hearing Date of: October 19,2021 (Findings on November 3, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 19, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 19,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 19, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 19,2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HATCH INDUSTRIAL—CPAM,AZ H-2021-0026 - I - Page 124 Item#4. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 19,2021, 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 an amendment to the Comprehensive Plan Future Land Use Map and Annexation&Zoning is hereby approved with the requirement of a Development Agreement per the provision in the Staff Report for the hearing date of October 19, 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 October 19, 2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HATCH INDUSTRIAL—CPAM,AZ H-2021-0026 -2- Page 125 Item#4. By action of the City Council at its regular meeting held on the 9th day of November 2021. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simi on 11-9-2021 Attest: irrG', 3M SF A1. Chris John n 11-9�2' City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: r ?` .. 0. Dated: 11-9-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HATCH INDUSTRIAL—CPAM,AZ H-2021-0026 -3- Page 126 Item#4. EXHIBIT A STAFF REPORTC�WE Nty COMMUNITY DEVELOPMENT DEPARTMENT HEARING October 19, 2021 Legend DATE: Project Lncodar TO: Mayor&City Council a FROM: Sonya Allen,Associate Planner LIM 208-884-5533 SUBJECT: H-2021-0026 Hatch Industrial—CPAM,AZ �13 r I LOCATION: CPAM: East side of N. Linder Rd., south _ of the railroad tracks, and north side of - L W. Franklin Rd. - 0 AZ: 160 N. Linder Rd. (Parcel No. R3579000045 &R3579000040; Lots 8 & -- - 9,Heppers Acre Subdivision) SW 1/4 of Section 12,Township 3N., Range 1 W. I. PROJECT DESCRIPTION Amendment to the Comprehensive Plan Future Land Use Map(CPAM)to change the future land use designation on 42+/-acres of land from Mixed Use—Community to Industrial; and Annexation of(AZ) of 1.59 acres of land with an I-L(Light Industrial)zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 42+/-acres(CPAM); 1.59 acres(AZ) Future Land Use Designation MU-C(Mixed Use—Community) Existing Land Use Mix of residential,industrial,childcare facility and healthcare uses Proposed Land Use(s) Storage facility&future industrial uses Current Zoning Rl in Ada County,L-O(Limited Office),I-L(Light Industrial)and C-C(Community Business) Proposed Zoning I-L(Light Industrial) Physical Features(waterways, I None hazards,flood plain,hillside) Page 1 Page 127 Item#4. Neighborhood meeting date;#of 3/30/21;4 attendees attendees: History(previous approvals) 270 N.Linder Rd. [AZ-09-004(Ord.#10-1442);CZC-10-071 —The Baby Place];Parcel#S 1212336031 (Ord.#387 JMK Properties AZ);444 N.Linder Rd. (AZ Ord#827—Kathleen &Wendell Lawrence) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Existing Conditions Linder Rd.is improved with 5-travel lanes,vertical curb, gutter&7' attached sidewalk.No additional improvements or right-of-way dedication is required with this application. • CIP/IFYWP No further improvements required. Access(Arterial/Collectors/State Access is depicted via Linder Rd. for the property proposed to Hwy/Local)(Existing and Proposed) be annexed with a cross-access driveway to adjacent properties to the north&south. Proposed Road Improvements None Fire Service No comment. Police Service No comment. C. Project Maps Future Land Use Map Aerial Map Legend 0 ffLegend 0 �Praq r-Lxa=ar ® I JtPVu�l bmcffor. i SHY' sih I- r � J Mixe - L Empbyryrnent -High 13 D MLI-Res w n ihal Lill is Page 2 Page 128 Item#4. Zoning Map Planned Development Map legend �R�R 8 �€ Legend � aag �€ L-0 R-4 j� I:,L L. ti.:R1 - T, City Limit R-88 L-O -15 'R-8 — Planned Parcels _ --- _ aliT '0Z I-L RPM F.L. pm I L - r r r - -R kl� � R-8 R R1 ® - - �_ R4 - RUT III. APPLICANT INFORMATION A. Applicant: Steve Thiessen,Hatch Design Architecture—200 W. 36 h St., Garden City,ID 83714 B. Owner: Ronald Hatch—P.O. Box 776, Meridian, ID 83680 C. Representative: Jeff Hatch,Hatch Design Architecture—200 W. 36'St., Garden City,ID 83714 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 8/27/2021 10/3/2021 Radius notification mailed to property owners within 300 feet 8/25/2021 9/30/2021 Public hearing notice sign posted 9/1/2021 10/5/2021 on site Nextdoor posting 8/26/2021 9/30/2021 V. COMPREHENSIVE PLAN ANALYSIS EXISTING LAND USE DESIGNATION: This property is currently designated as Mixed Use—Community (MU-C) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan (see map in Section VIII.A). The purpose of this designation is to allocate areas where community-serving uses and dwellings Page 3 Page 129 Item#4. 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. 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 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3C. (See pgs. 3-11 through 3-16.) PROPOSED LAND USE DESIGNATION: The proposed FLUM designation for this property is Industrial(see map in Section VIII.A). The Industrial designation allows a range of uses that support industrial and commercial activities. Industrial uses may include warehouses, storage units, light manufacturing, flex,and incidental retail and office uses. In some cases uses may include processing,manufacturing,warehouses, storage units,and industrial support activities(see pg. 3-11). There is an existing childcare facility located on the property at 444 N. Linder Rd.,zoned L-O; a birthing center/women's healthcare facility located at 270 N. Linder Rd., zoned C-C;vacant/undeveloped land at the northeast corner of Linder/Franklin,zoned C-C; and warehouse/industrial uses on the eastern portion of the site in Creamline Park, zoned I-L. The properties entitled with commercial/office zoning will be allowed to continue to operate as-is and/or develop with commercial uses as allowed by UDC Table 11-2B-2. The remainder of the 1+/-acre properties within the CPAM area that front on N. Linder Rd. are developed with single-family residential homes. If the CPAM is approved,the residential properties,when redeveloped, should be rezoned to I-L or I-H and develop with uses allowed in the applicable district as listed in UDC Table I1-2C-2. Staff believes it would be difficult for the residential properties fronting on Linder Rd. to redevelop consistent with the current MU-C FLUM designation due to the depth of the properties at 320+/-feet and the type of development that would likely occur(strip commercial buildings); it's likely these properties would develop on a"piece by piece"basis and not as a larger integrated mixed use planned development. Because industrial uses exist on the eastern portion of the site,residential uses wouldn't integrate well or be compatible with existing uses and interconnectivity between uses isn't feasible. Development would also not be consistent with the General Mixed Use Concept Diagram in the Comprehensive Plan(see pg. 3-12) as the site is not deep enough to provide the transition in uses shown on the concept diagram. The land on the west side of N. Linder Road and to the east of the CPAM area is designated as Industrial on the FLUM and zoned I-L, except for one parcel abutting the east boundary of the site fronting on W. Franklin Rd.which is designated Commercial and zoned I-L. Because of the industrial nature of the overall area south of the railroad tracks on the north side of Franklin Rd.,the need for more industrial land, and Staff s belief that industrial uses would be more compatible with existing industrial uses, Staff is supportive of the CPAM request. Transportation: The Master Street Map(MSM) does not depict any collector streets across this property. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer of the property proposed to be annexed with development in accord with UDC 11-3A-21. No development is proposed on the remainder of the CPAMproperty at this time. • "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) Page 4 Page 130 Item#4. The proposed industrial use will be required to provide a landscaped buffer along property lines adjacent to residential uses (i.e. to the north and south)with development per UDC Table I1-2C-3. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed industrial development should be compatible with existing industrial uses to the east and west. The required buffer to residential land uses to the north and south should minimize conflicts between land uses. • "Support infill development that does not negatively impact the abutting, existing development. Infll projects in downtown should develop at higher densities,irrespective of existing development." (2.02.02C) The proposed infill industrial development shouldn't negatively impact abutting uses as other industrial uses exist to the east and west; and a landscaped buffer is required along the north and south property boundaries to residential uses which should minimize conflicts. • "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."(3.03.03A) The proposed development will be required to connect to City water and sewer systems with development;services are required to be provided to and though this development in accord with current City plans. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A 25 foot wide street buffer is required to be provided with development along N. Linder Rd., an arterial street,per UDC Table 11-2C-3, landscaped per the standards in UDC I1-3B-7C. • "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 was recently constructed with the road widening project along Linder Rd. Hook-up to City water and sewer service is required with development. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize the provision of public services. VI. STAFF ANALYSIS A. COMPREHENSIVE PLAN MAP AMENDMENT(CPAM) As discussed above,the Applicant requests an amendment to the FLUM to change the future land use designation on 42+/-acres of land from Mixed Use—Community(MU-C)to Industrial. An exhibit map showing the existing and proposed FLUM designation is included in Section VIII.A. Approval of the proposed amendment to Industrial will accomplish the following: 1)it will allow the existing residential/commercial properties within the site to redevelop with industrial uses which should be more compatible with existing industrial uses on the site and adjacent to the site; 2)industrial uses should be more compatible with existing industrial uses than uses allowed in the MU-C designation, which should minimize conflicts between land uses; 3)for the properties already zoned I-L and developed with industrial uses on the eastern portion of the site in Creamline Park,the amendment will "clean-up"the FLUM for this area so that the land use designation coincides with the existing approved Page 5 Page 131 Item#4. uses; and the amendment will allow more industrial uses to develop which are needed in the City. For these reasons, Staff supports the request. B. ANNEXATION(AZ) The Applicant proposes to annex 1.59 acres of land, including right-of-way to the section line of N. Linder Rd., from the R1 zoning district in Ada County to the I-L zoning district in the City consistent with the proposed FLUM amendment to Industrial. A legal description and exhibit map for the annexation area is included in Section VIII.B. The subject property is part of an enclave area surrounded by City annexed property. Annexation of this land will provide more efficient provision of City services. Industrial uses exist to the west across N. Linder Rd. and to the east; single-family residences exist to the north and south in Ada County. The Applicant proposes to develop the 1.41-acre property with a 19,975 square foot 10-unit industrial building to lease to contractors,mostly for storage with the potential for each space to have a small office and restroom. A warehouse use is principally permitted in the I-L district;professional services (i.e. offices)are allowed as an accessory use per UDC Table I1-2C-2. Flex space is also a principally permitted use in the I-L district subject to the specific use standards listed in UDC 11-4-3-18. Conceptual Development Plan: The conceptual development plan shown in Section VIII.0 depicts the proposed structure, associated parking, driveway access and drive-aisles within the site. An existing 30- foot wide easement is depicted along the east boundary of the site on the Heppers Acre Subdivision plat. Access: One(1)driveway access to the site is proposed via N. Linder Rd. with driveway stubs to the properties to the north and south for future cross-access upon redevelopment of those properties. A cross-access easement should be recorded granting access to/from N.Linder Rd.through the subject property for those properties; a copy of this easement should be submitted to the Planning Division prior to issuance of the Certificate of Occupancy for this site. The minimum drive aisle width for 90 degree parking with 2-way drive aisles is 25-feet per UDC Table 11-3C-5. Sidewalk/Pathway: An attached 7-foot wide sidewalk was recently constructed along N. Linder Rd. along the frontage of this site. The Pathways Plan designates a 10-foot wide detached multi-use pathway in this area.Because the sidewalk was recently constructed, Staff does not recommend it's removed and a new pathway constructed in its place at this time; however, Staff does recommend a 14-foot wide public pedestrian easement is recorded for the pathway. Parking: Off-street parking is required to be provided in accord with the standards listed in UDC 11-3C- 6 for industrial uses(i.e. 1 space for every 2,000 square feet of gross floor area). Based on a 19,975 square foot building, a minimum of nine(9) spaces are required. A total of 30 spaces are depicted on the conceptual development plan,which exceeds the minimum number of spaces by 21. Landscaping: A 25-foot wide street buffer is required to be constructed along N. Linder Rd., an arterial street,measured from back of sidewalk;the buffer should be landscaped per the standards listed in UDC 11-3B-7C. Parking lot landscaping is required per the standards listed in UDC I1-3B-8C. A minimum 5-foot wide buffer should be provided along the east property boundary unless the requirement is reduced or waived by the Director for truck maneuvering areas as set forth in UDC 11-3B-8C.Ia. A 25-foot wide buffer to residential land uses is required per UDC Table 11-2C-3,landscaped per the standards listed in UDC I1-3B-9C,residential uses exist to the north and south of this property. The Applicant requests City Council approval of a reduced buffer width of 5 feet adjacent to residential uses as allowed by UDC 11-3B-9C.2 with notice to surrounding property owners.A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the I-L district(i.e.25-feet). Page 6 Page 132 Item#4. Landscaping is required along the multi-use pathway adjacent to N. Linder Rd. per the standards listed in UDC 11-3B-12C. There are existing trees on this site that may require mitigation if removed per the standards listed in UDC 11-3B-10C.5. Staff recommends the Applicant contact Matt Perkins,the City Arborist,to schedule a site inspection prior to removal of any trees from the site to determine mitigation requirements. Elevations: Conceptual building elevations were not submitted for the industrial building. The design of the structure is required to comply with the design standards in the Architectural Standards Manual (ASM). Staff recommends the design is required to comply with the design standards for commercial buildings rather than industrial buildings because the property fronts on an arterial street(i.e.Linder Rd.) and will be highly visible.Detailed review of the elevations for compliance with these standards will take place with the Certificate of Zoning Compliance and Design Review application prior to submittal of an application for a building permit. The City may require a development agreement(DA) in conjunction with a annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed with this application, Staff recommends a DA is required with the provisions discussed above and included in Section IX.A. VII. DECISION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map 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 these items on September 16,2021. At the public hearing,the Commission moved to recommend approval of the subject CPAM and AZ requests. 1. Summary of Commission public hearing_ a. In favor: Jeff Hatch,Applicant's Representative b. In opposition:None C. Commenting. None d. Written testimony: Gary Reimer,Joe Olson,Bogdan Martsenyuk, Soerabaia Living Trust. e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. All of the letters of testimony submitted are in support of the CPAM request. b. Mr. Reimer is in support of the requested reduction to the width of the landscape buffer to residential uses from 25' to 5' along their shared boundary line(i.e.project's northern boundary). 3. Key issue(s)of discussion by Commission: a. None^ 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on October 19,2021. At the public hearing the Council moved to approve the subject CPAM and AZ requests. Page 7 Page 133 Item#4. 1. Summary of the City Council public hearing: a. In favor: Jeff Hatch b. In opposition: None C. Commenting: None d. Written testimony:None e. Staff presenting application: Caleb Hood f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Landscape buffers to the north and south and redevelopment potential for the roughly 40 acres of property in this area 4. City Council change(s)to Commission recommendation: a. Approve a reduction to the landscape buffer to the north and south to 5 feet. Motion by Cavener: second by Perreault—all ayes. Page 8 Page 134 Item#4. VIIL EXHIBITS A. Future Land Use Map—Adopted&Proposed Land Uses Date:7130/2021 Adopted Land Uses 'I 0 500) 1,000 >- Feet � High Densify Residential t I Mixed Employment General Industrial MU-C L - Legend `TMISAP Boundary Low Density Residential Medium Density Residential _ Med-High Density Residential Commercial i Offiee Civic High Density Residential d-High fJ: - Commercial 'nsi I denfialy_ \ - Office Industrial Civic Proposed Land Uses Old Town ne I Mixed Use Neighborhood — 1� Mixed Use Community High Density Residential - Mixed Use Regional - Mixed Use Non-Residential ® Mixed Use-Interchange Low Density Employment - High Density Employment Mixed Employment _ Mixed MU-ResEmployment— IndustrialGeneral. —J � L_ MU-Corn ® Lifestyle Center rI; Gffice Civic r T I Mediu Med-High i � m - t�1', MU- Comte Commercial Densi Den en+tY' Residential Residtial I VP 1_ L Y MU-Res ---- - Page 9 Page 135 Item#4. B. Annexation Legal Description and Exhibit Map INACCURATE � yp SURVEYING & MAPPING t '�fRVIC4 Annexation Description A parcel of land being all of Lots 8 and 9 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299,Records of Aida County,said parcel is located in the Southwest Quarter of the Southwest Quarter of Section 12,Township 3 North, Range 1 West of the Boise Meridian,Ada County, Idaho,being more particularly described as follows: Commencing at the found 4 inch aluminum cap monument at the corner common to Sections 11, 12, 13 and 14,T3N, R1W from which the found 3 inch brass cap monument in asphalt at the quarter corner common to Sections 11 and 12,T3N, R1W bears N 00'32'39" E a distance of 2645.87 feet;thence N 00`32'39" E along the section line for a distance of 646.92 feet to the REAL POINT OF BEGINNING; Thence N 99'41'22" E for a distance of 40.00 feet to a found 5/8"inch iron pin labeled PLS 11779 at the northwest corner of Lot 8; Thence N 89`41'22" E along the line common to Lots 7 and 8 for a distance of 315.19 feet to a set 5/81"inch iron pin with a cap stamped PLS 11463 at the northeast corner of tot 8; Thence 5 00'46'31"W for a distance of 192.00 feet to a found Y inch iron pin,replaced with a 5/8'inch iron pin with a cap stamped PLS 11463; Thence 5 88'31'38"W along the line common to Lots 9 and 10 for a distance of 314.52 feet to a set 5/V inch iron pin with a cap stamped PLS 11463 at the southwest corner of Lot 9; Thence 5 88°31'38"W for a distance of 40.02 feet to a point on the section line; Thence N 00'31'39" E along the section line for a distance of 199.18 feet to the REAL POINT OF BEGINNING. Parcel contains 1.593 acres,or 69,379 square feet, more or less. G 4 11463Of VIA ,�,,�•�a.zro I 1602 W. Hays St., Suite 306. Boise, ID 83702 , Phone:208.488-4227 - www.accu rates u rve yors.co m Page 10 Page 136 Item#4. Hr IIIP'I T MA P LOTS 8 & 9, HEPPERS ACRE SUBDIVISION, BOOK 19 OF PLATS, PACES 1298-1299, ADA COLINTY RECORDS. L nNG Wl THIN THE .SIN 114 OF THE SW 114 OF SEC T70N 12, T_3N., R_1 W, 8.,W COUNTY OF ADA STATE OF IDAHO W. PINE AVE. 114 CORNER 11 12 — — —— CP&F INS I< No. 71208.5074 � 06 07 SCALE: t"=100' 40 N 89'41'22" E 355. 19 6i 40.OD' 3?5.19' 1.593 Acres, z Q� LLJ 69,379 Square Feet CL O 40.U2 314_52' Q � S 88'3 l'38" W 354.54' q s � 4, i HEPPE+RS ACRE SUBOWISION 11463 LEGEND ANNEX BOUNDARY OF SECTION LINE PARCEL LINE PLATTED LOT LINE SECTION CORNER 11 12 W FRANKUN RD. FOUND 3" BRASS CAP MONUMENT CP&F INS — — No. 2016-110354 14 1.3 FOUND 4" ALUMINUM CAP Mph. 0 SET 518- IRON PIN WITH 2" ALUMINUM CAP, PLS 114E3 1� CALCULA TED POINT FOUND DISTURBED 112" IRON PIN. �ti1 Tf�'y� T� REVOvED AmD REPLACED MTH 5/17 IRON PIN, WITH 2" ALUMINUM CAP, SUHIIEYING & MAPPING PLS 11463 r 6 1502 W.Hays Street It306 • FOUND l f 2" !R{71V FIN, 1 Boise,4 83742 (2Q$) I�+y7H PLASTIC CAP, AS NOTED 4-$48$-4227 www.accuratesurveyors.curri 9� PLATTED L 0 T NUMBER DATE:JUNE, 2021 JOB 21-211 Page 11 Page 137 Item#4. C. Conceptual Development Plan v n g N F ti � A e rn rn A m Z n rn A A z zs'-0^ LANDSCAPE LANDSCAPE N BUFFER 24'-0^ BUFFERN�J Xeq x wam-e>>sx� zrn �_ --- - . I � I z� a w mm I 4 �$ = xis•-W r— a 1 N Y - I= i �s z o, D I will � I s _ N6 a c I yp I NI -- Un, rn EASEMENT x ri rt a � a 'm 9 a n - NEW DEVELOPEMEWF FOR: Z m HATCH INDUSTRIAL 0 y 160 N.LINDER RD.,MERIDIAN,ID.83642 Page 12 Page 138 Item#4. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VITI,Unified Development Code standards, design standards in the Architectural Standards Manual and the provisions contained herein. b. Future structure(s)on the site shall comply with the non-residential design standards in the Architectural Standards Manual for commercial districts (i.e. CD). c. A cross-access easement shall be granted to the abutting properties to the north(Parcel #R3579000034) and south(Parcel#R3579000050) for access to/from N. Linder Rd.through the subject property; a copy of the recorded easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application for this site. d. A 2-5 5-foot wide buffer shall be provided to residential land uses as required per UDC Table I I- 2C-3 and as reduced by City Council at the hearing on October 19, 2021,landscaped per the standards listed in UDC 11-3B-9C, e. There are existing trees on this site that if removed may require mitigation per the standards listed in UDC 11-3B-1OC.5. The Applicant shall contact Matt Perkins,the City Arborist,to schedule a site inspection prior to removal of any trees from the site to determine mitigation requirements. f. A 14-foot wide public pedestrian easement shall be recorded for the multi-use pathway along Linder Rd. as required by the Park's Department. A copy of the easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. g. A minimum 25-foot wide street buffer,measured from back of sidewalk,is required to be provided along N. Linder Rd., landscaped per the standards listed in UDC 11-3B-7C. B. PUBLIC WORKS Any changes to public utility infrastructure must be reviewed by the Public Work's Department. C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=235914&dbid=0&repo=Meridian City D. PARK'S DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=237033&dbid=0&repo=MeridianCity E. ADA COUNTY HIGHWAY DISTRICT(ACHD) hggs://weblink.meridiancity.org/WebLink/DocView.aspx?id=236543&dbid=0&repo=Meridian QU Page 13 Page 139 Item#4. X. 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. The City Council finds the proposed amendment to Industrial 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. The City Council finds that the proposal to change the FL UM designation from Mixed Use— Community to Industrial will provide an improved guide to future grown 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. The City 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. The City 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. The City Council finds the proposed amendment to Industrial will be compatible with other existing industrial uses in the area. 6. The proposed amendment will not burden existing and planned service capabilities. The City 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. The City 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, the City 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: Page 14 Page 140 Item#4. 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applican'ts proposal to annex the subject property with I-L zoning and develop industrial uses on the property is consistent with the proposed Industrial FL UM designation for this property. (See section V above for more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to I-L and conceptual development plan 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. Linder Rd.). 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City 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 The City Council finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. Page 15 Page 141