Z - DA Red Aspen H-2021-0066 (2022-016419) ADA COUNTY RECORDER Phil McGrane 2022-016419
BOISE IDAHO Pgs=33 BONNIE OBERBILLIG 02/16/2022 09:16 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: I City of Meridian
2. Aspen Grove Holdings, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of 1 2022, by and between City of Meridian, a municipal
corporation of the State ofIdAo,hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian,Idaho 83642 and Aspen Grove Holdings,LLC whose address is 989 Industry Way,Suite
102, Meridian, ID 83642, 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 § 67-6511 A provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation
and rezoning of 2.19 acres of land to C-G (General Retail and Service
Commercial) 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
DEVELOPM ENT AGREEMENT'—REIN AsPEN (H-2021-0066) PAGE I OF 7
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS,on the 30t`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 Aspen Grove Holdings,
LLC, whose address is 989 Industry Way, Suite 102, Meridian, ID 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-RED ASPEN (H-2021-0066) PAGE 2 of 7
.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 concept plan and
conceptual elevations included in Section VII 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 development of the subject site shall have a height limit of 50 feet consistent
with the proposed flex space building and C-C zoning to the west.
c. With the future Certificate of Zoning Compliance application, the owner/developer
shall provide a copy of the recorded reciprocal cross agreement to share an access to
Linder Road with the property to the south.
d. The allowed uses on the subject site shall be: flex space, financial institution,
healthcare/social services, information industry,personal and professional services,
retain (including wine and beer sales), restaurant, research and development, and
vertically integrated residential. The owner/developer shall adhere to any applicable
specific use standards for a proposed use.
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.
DEVELOPMENT AGREEMENT-RED ASPEN (H-2021-0066) PAGE 3 OF 7
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owners/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty(180)days;provided,however.that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2,Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether
a default has occurred. This Agreement shall be enforceable in the Fourth
Judicial District Court in Ada County by either City or Owner and/or
Developer, or by any successor or successors in title or by the assigns of the
parties hereto. Enforcement may be sought by an appropriate action at law or
in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes,the time for such performance shall be extended by the amount
of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default and
defaults waived and shall neither bar any other rights or remedies of City nor
apply to any subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer,prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
DEVELOPMENT AGREEMENT-RED ASPEN (H-2021-0066) PAGE 4 OF 7
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:
Aspen Grove Holdings, LLC
989 Industry Way, Suite 102
Meridian,ID 83642
14.1 A parry shall have the right to change its address by delivering to the other
parry a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
DEVELOPMENT AGREEMENT-RED ASPEN (H-2021-0066) PAGE 5 OF 7
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other parry so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/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 parry
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning ofthe subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-RED ASPEN (H-2021-0066) PAGE 6 of 7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF.the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS/DEVELOPER:
Aspen Grove Holdings,LLC
Matthew Kuzio. Member
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 2-15-2022 Chris Johnson, City Clerk 2-15-2022
STATE OF IDAHO )
ss:
County of Ada )
On this'4 day of TtAQ844W 2022,before me,the undersigned,a Notary Public in and for said State.
personally appeared Matthew Kuzio known identified to me to be the member of Aspen Grove Holdings.LLC and
the person who signed above and acknowledged to me that he executed the same
IN WI S� BEREOF, I have hereunto set my hand and aff ed my offic' al the day and year in this
certificate first a ve wrrt ISSA C SCHUG
COMMISSION NO.53134
NOTARY PUBLIC '
STATE OF IDAHO otary Public for •f B�J70
Residing at:Jdak 0 1 &A011d Dr. DISC I�
My Commission Expires: 1V7-'j
STATE OF IDAHO )
ss
Countv of Ada )
On this 15th day of February , 2022, before me, a Notary Public,personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me
that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public r Id�o
Residing at: fteridian, Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT-RED ASPEN (H-2021-0066) PAGE 7 of 7
Item#9. EXHIBIT A
A. Annexation and Zoning Legal Descriptions and Exhibit Maps
TEALEY'S LAND 12594 W.Explorer Drive,Suite 150 •Boise, Idaho 83713
SURVEYING (208)365-0636
ED Fax(208)385-D696
Project. No.:4855
Date!July 30,2021
DESCRIPTION FOR
ANNEXA71ON PARCEL-ASPEN GROVE HOLDINGS,LLC
A parcel of land lying in the NW 114 of Section 24,T.3N.,R.1 W.,B.M.,Ada County,
Idaho and more particularly described as follows:
BEGINNING at the Northwest comer of said Section 24, thence along the North
boundary of said Section 24
South 89`07'25"East 327.10 feet to a point on the extended West boundary of
Record of Survey No 0277, filed for record in the office of the Ada County Recorder,
Boise, Idaho under Instrument No. 112056125; thence along said extended West
boundary and along the West boundary of said Record of Survey No.9227
South 00°41'26 West 397.51 feet to the Southwest corner of said Record of
Survey No.9227,marked by a 518"iron pin;thence
North 89'33'34"West 327.10 feet to a point on the West boundary of said NW 114
of Section 24;thence along said West boundary
North 00°41'26"East 400.00 feet to the POINT OF BEGINNING,
Said parcel contains 2.99 acres,more or less.
LAN6sO
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47.
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A.
Red Aspen H-2021-0066
W 5ce65tieReLomae5-annxv uesc.aocs-jdc
Page 180
14'L 13 WEST OVERLAND ROAD(PUBLIC R/W VARIES)
s8910712131 E 327JO' 13
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2.99 ACRES
4—-- —N897!'3T4=W-32 -----------
-FION EXHtr3t-r FOR
ANNEXA
ASPEN GROVE HOL-PfMqS, LLC
LANp A PORTION OF THE NW 1/4, SECTION 24,
T.3N., RAW., S.M.,
MERIDIAN, ADA COUNTY, IDAHO
VON" TEALEY'S LAND SURVEYING
12594 W.EXPLORER DRIVE,SUTE 150
208-385-0636 OGISE,10 83713
DATE:7/30/21 PROJIErT=4865
EXHIBIT B
Item#9.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAWC f[E bN,—AND DECISION& ORDER
In the Matter of the Request for Annexation and Zoning of 2.99 acres of land with a request for the
C-G zoning district for the purpose of constructing an approximate 30,000 square foot flex space
building on 2.19 acres of land,by KM Engineering,LLP.
Case No(s).H-2021-0066
For the City Council Hearing Date of: November 16, 2021 (Findings on November 30, 2021)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 16, 2021, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of November 16, 2021, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 16,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 16, 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(Red Aspen AZ—FILE#H-2021-0066) - I - Page 182
Item#9.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 16, 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 Annexation and Zoning is hereby approved per the conditions of
approval in the Staff Report for the hearing date of November 16, 2021, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with I I-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
613-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as
determined and approved by the City Council may be granted. With all extensions, the Director
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Red Aspen AZ—FILE#H-2021-0066) -2-
Page 183
Item#9.
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-617).
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 16,2021.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Red Aspen AZ—FILE#H-2021-0066) -3- Page 184
By action of the City Council at its regular meeting held on the 30th day of November
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 11-30-2021
Attest:
Chris Johnson By Adrienne Weatherly,Deputy City Clerk 11-30-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 11-30-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Red Aspen AZ—FILE#H-2021-0066) -4-
Item#9. EXHIBIT A
STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT
HEARING 11/16/2021 �
Legend_a �
DATE: ® - 0
LaProject Location
TO: Mayor&City Council
FROM: Joe Dodson,Associate Planner
208-884-5533 -
SUBJECT: H-2021-0066 - o o
Red Aspen 1
LOCATION: The site is located at the southeast corner
of S. Linder Road and W. Overland / I
m
Road, in the NW'/4 of the NW '/4 of r -
�/°�
Section 24, Township 3N.,Range 1W
-pal
I. PROJECT DESCRIPTION
Annexation and Zoning of 2.99 acres of land with a request for the C-G zoning district for the purpose of
constructing an approximate 30,000 square foot flex space building on 2.19 acres of land,by KM
Engineering,LLP.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage AZ—2.99 acres; Project Site—2.19 acres
Future Land Use Designation Commercial(majority) and Medium Density
Residential
Existing Land Use(s) Vacant
Proposed Land Use(s) Flex-Space
Lots(#and type; One (1) commercial building lot
bldg./common)
Physical Features (waterways, None
hazards, flood plain,hillside)
Neighborhood meeting date;# August 31,2021 no attendees
of attendees:
History(previous approvals) N/A
Pagel
Page 186
Item#9.
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
Access Access is proposed via two driveway connections to the adjacent arterial
(Arterial/Collectors/State streets—the access to Overland Road is existing and is proposed to remain.
Hwy/Local) (Existing and
Proposed)
Stub There is no opportunity for stub street or connectivity between adjacent sites
Street/Interconnectivity/Cross and the subject site due to existing development. Applicant is proposing to
Access widen an existing access to Linder Road and share it with the adjacent
residential development to the south.
Existing Road Network Yes.
Existing Arterial Sidewalks/ No buffers exist along Linder or Overland; existing sidewalk along Overland
Buffers but not along Linder.
Proposed Road No road improvements are required with this application because the
Improvements Overland/Linder Road intersection is planned for future improvement. (see
ACHD staff report in Section VIII.D).
CIP/Five Year Work Plan for adjacent&nearby roadways:
Capital Improvements Plan(CIP)!Integrated Five Year Work Plan(IFYWP):
• Linder Road is scheduled in the IFYWP to be constructed as a new 4-lane 1-84 overpass and
widened to 5-lanes on each side of 1-84 with a level 3 bike facility from Franklin Road to
Overland Road in the future.
• Linder Road is listed in the CIP to be widened to 3-lanes from Victory Road to Overland Road
between 2036 and 2040.
• Linder Road is listed in the CIP to be widened to 5-lanes from Overland Road to Franklin Road
between 2036 and 2040.
• The intersection of Overland Road and Linder Road is listed in the CIP to be widened 6-lanes
on the north and south legs and 7-lanes on the east west legs and signalized between 2036
and 2040.
Fire Service
• Distance to Fire Station rec Ditly adjacent to Fire Station#6
Police Service
• Concerns None/no comments
Wastewater
• Distance to Sewer 0'
Services
• Sewer Shed South Black Cat Trunkshed
• Project Consistent Yes
with WW Master
Plan/Facility Plan
Page 2
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Item#9.
Description Details Page
• Impacts/Concerns • Parcel S1224223460 has a sewer main stubbed to it—a 20' easement is
required onsite until line transitions to a service line.
Water
• Distance to Services 0'
• Water Quality None
Concerns
• Consistent with Yes
Water Master Plan
• Other Comments • There are existing stubs at the west(Linder Rd)and north(Overland Rd)
boundaries that either needs to be used or abandoned.
C. Project Area Maps
Future Land Use Map Aerial Map
Legend � � Legend
Project Location �� �JProject Location —_
Com . �_ Il
mercial
Mixed General
Employment Industrial T; '
Ilk
,High Density Medium DensRitv--
Civic
Residential Residen#ial � �
� m
Zoning Map Planned Development Map
Legend ❑� Legend ,
Project Location — R-4 tJ ... Project Location i ...
City Limits
Planned Parcels
RUT
C-G
--
j`: R=2 L-O
R"-15 _
TN ��
`C _ 5
s
R �V"
R-4
R-8 R-4
R-2
Page 3
Page 188
Item#9.
III. APPLICANT INFORMATION
A. Applicant:
Joshua Jantz,KM Engineering,LLP—5725 N. Discovery Way,Boise,ID 83713
B. Owner:
Jeffrey Majors,Jamco Investments, LLC—4700 N. Cloverdale Road, Ste. 210, Boise,ID 83714
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 10/5/2021 10/31/2021
Radius notification mailed to
properties within 500 feet 10/5/2021 10/28/2021
Site Posting 10/7/2021 11/l/2021
Nextdoor posting 10/5/2021 10/28/2021
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
Commercial—The Commercial designation is meant to provide a full range of commercial uses
to serve area residents and visitors. Desired uses may include retail,restaurants,personal and
professional services, and office uses, as well as appropriate public and quasi-public uses. Multi-
family residential may be allowed in some cases,but should be careful to promote a high quality
of life through thoughtful site design, connectivity, and amenities.
The project site is approximately two (2.19) acres in size and currently consists of three parcels
located at the southeast corner of Linder and Overland and directly abuts the newest Meridian
Fire Station along Overland. In addition to the Commercial future land use designation, there is
a small area of Medium Density Residential(MDR) along the southern boundary. Because land
use designations are not parcel specific, this land use designation is also represented on the
subject site but correlates to the residential project to the south (Linder Road Apartments).
However, the City anticipates commercial uses on this corner, especially because it is adjacent to
two major arterial roadways (Linder and Overland) and near a planned interstate overpass.
The proposed use of Flex Space is subject to specific use standards (UDC 11-4-3-18) and is
proposed to serve as the core office and warehouse of a local business, Red Aspen. Red Aspen is
a social selling(online) beauty company that aims to utilize this site as their new main hub for
their growing business. Flex Space is a principally permitted use in the requested C-G zoning
district and has no restrictions on semi-truck traffic. However, the Applicant has specifically
stated the amount of truck traffic for this business is minimal and mostly handled by smaller
delivery trucks. The submitted concept plan shows the proposed truck docks being along the end
of the building but facing east towards the Fire Station and meets code as submitted. However,
Staff does have concern over the general proximity of the truck docks and turnaround area to the
residential project to the south. Further analysis is below.
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Item#9.
The Applicant has proposed to place the building near the hard corner and pull it away from the
existing multi family residential to the south approximately 119 feet from the south property line.
The submitted concept plan depicts this 119 foot distance to include the required 25 foot
landscape buffer and solid fencing along the southern property line abutting the multi family
project; no buffer is required adjacent to the Fire Station because it is not a residential use. The
Applicant is also showing the required landscape buffers adjacent to the arterial streets with the
one adjacent to Overland being shown wider than the required 25 feet. Due to required right-of-
way dedication along Overland Road, the proposed building is shown approximately 42 feet
behind the existing sidewalk which has led to the building being further south than Staff
originally anticipated.
In order to help the site gain back some of its usable area and create more space between the
proposed use and the existing residential to the south, Staff is recommending the Applicant
reduce the street buffer to Overland Road by going through the Alternative Compliance process
with future applications. Stafffinds this revision to the site has at least two positive outcomes: the
building can be moved further north towards Overland to create a better presence and
streetscape along this corridor, and; moving the building further north creates further separation
from the existing multi family development to the south while at the same time allowing more
area for trucks to safely turnaround in the south half of the site. Staff finds the landscape buffer
and linear distance between the proposed use and the existing residential to the south offers
adequate transition and mitigation between uses.
In addition to the proposed use on the subject site, it is worth noting the surrounding uses in the
immediate area.As noted, Fire Station#6 is directly to the west of the subject and there is an
existing multi family residential and R-I S zoning to the south. In addition, Staff has noted S.
Linder Road and W. Overland Road abut the site on the west and north, respectively. On the west
side of Linder, there is existing C-C zoning with a partially developed commercial/office center.
On the north side of Overland is I-L zoning and Camping World, an RV storage, service, and
sales business. Furthermore, on the opposite corner of Linder and Overland is the Artemisia
Subdivision, zoned C-G and proposed with a number of commercial uses including vehicle sales.
Thus, when looking at the surrounding area, nonresidential uses are commonplace.
Access to the site is proposed via one connection to Linder Road and one connection to Overland
Road with both accesses restricted to right-in/right-out only maneuvers. The Applicant is
proposing to share and widen the existing access to Linder Road that the multi family project
uses directly abutting the southern property line. Staff has not seen a written agreement for this
shared access and one should be submitted with any future applications. However, Staff does
support widening and sharing this access so the site has adequate circulation; without a second
access point to the site, any future development on the site will be severely hindered. The
proposed access to Overland is an existing curb cut that is supported by both Staff and ACHD.
Both proposed access points are as far away from the Linder and Overland intersection as is
possible. Staff supports the access to the site as proposed but is recommending a DA provision
that the Applicant provide proof of an agreement with the property owner to the south regarding
the shared access to Linder with the future Certificate of Zoning Compliance application.
The hours of operation for the facility are an additional factor in determining if the proposed use
fits in this location. The Applicant has stated the planned hours of operation are Monday thru
Friday, gam to 5:06pm with occasional Saturday hours during the holiday season (October-
December). Most importantly, the Applicant has stated that any freight deliveries will only occur
during normal hours of operation. Due to the proposed hours of operation, Staff believes the
proposed Development Agreement provisions and screening methods will be sufficient in
mitigating any noxious consequences of the proposed use.
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Item#9.
Staff finds the proposed site design combined with the proposed Flex Space use to be generally
consistent with the Comprehensive Plan. Specific Comprehensive Plan policies are discussed
and analyzed below.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this
application, Staff recommends a DA as a provision of annexation with the provisions included in
Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned
to the City within 6 months of the Council granting the annexation for approval.
B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"Establish and maintain levels of service for public facilities and services,including water, sewer,
police,transportation, schools, fire, and parks"(3.02.01 G). City water and sewer services are
readily available to the subject site.As previously noted, the subject site is directly adjacent to
Fire Station#6 so fire service is not an issue. The proposed access points to the site are
supported by Staff and ACHD. Therefore, Staff finds the project complies with this policy.
"Promote business retention, expansion, and improvement programs."(2.07.01). The subject
application is for Red Aspen, a locally grown and sustained business. Due to the success of their
business, this company needs to expand its footprint here in the Treasure Valley. The owners
have a strong desire to remain in Meridian with the proposed project that will help it continue to
flourish. Creating a flex space building for existing and future warehouse and office needs is a
great fit for this location and the City of Meridian as a whole.
"Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.01D).Despite the project not being a residential development,
a segment of multi-use pathway is required and shown adjacent to Linder Road along the west
property boundary. The Applicant is proposing to construct the required segment of pathway and
complete this large segment of multi-use pathway on the east side of Linder Road creating a
continuous pathway from Overland to Victory Middle School. This connection and added
pathway would connect to the existing sidewalk along Overland that connects east and west to
various projects and uses. In addition, the submitted site plan shows adequate internal sidewalk
connections to the arterial sidewalks for overall connectivity.
"Work with existing industrial businesses to expand or relocate operations to appropriate areas."
(2.08.03C). The proposed business is not an industrial business but Stafffinds it equally
important to support existing local businesses to relocate to appropriate areas when expansion is
needed.After discussions with Staff and other entities, the Applicant determined the subject
corner property is the ideal location to construct their own building designed solely for their
business operations. Because the subject area is planned for commercial uses and a majority of
the nearby uses are also nonresidential, Staff agrees with the Applicant and believes the subject
site is an appropriate and ideal area for Red Aspen.
Staff finds this development to be generally consistent with the Comprehensive Plan.
C. Existing Structures/Site Improvements:
There are no existing structures or site improvements.
D. Proposed Use Analysis:
The proposed use is for offices and associated warehousing,which falls under Flex Space within
Meridian development code. This use is a permitted use in the requested C-G zoning district per
UDC Table 11-2B-2 and is also subject to Specific Use Standards(UDC 11-4-3-18). As
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Item#9.
previously discussed within the Comprehensive Plan section above, Staff supports the proposed
use at this location—it is a nonresidential use which complies with the comprehensive plan, it is
an expansion of a locally grown business, and Staff finds there is adequate pedestrian and
landscaping improvements proposed. Therefore, Staff finds this is an ideal location for this
business and proposed use. Staff analysis of the Specific Use Standards is in italics below:
UDC 11-4-3-18—Flex Space:
A. Office and/or retail showroom areas shall comprise a minimum of thirty(20)percent of the
structure and/or tenant space. The submitted concept plan shows the office area of the building
comprising approximately 8,700 square feet in area, equating to approximately 30%of the
building area. Proposed office area complies with this standard.
B. Light industry and warehousing shall not comprise more than seventy(70)percent of the
tenant space.According to the submitted concept plan, approximately 20,800 square feet of floor
area is reserved for the warehouse component of the building which equates to 70%of the total
building size of 29,440 square feet. Thus, the proposed site plan complies with this standard.
C. In the C-C, C-G and M-E districts,roll-up doors and loading docks shall not be visible from a
public street.According to the submitted concept plan and conceptual elevations, the Applicant is
proposing two loading docks and one roll-up door for the building. The loading docks and roll-
up door are proposed to be located at the south end of the building and face the east property
line, towards the Meridian Fire Station. Per the submitted concept plan, the loading docks should
not be visible from Overland or Linder Roads so Stafffinds the proposed locations of these
design elements to be in compliance with this standard.
In addition, any off-street loading spaces must adhere to UDC 11-3C-8 which prohibits any
loading space(i.e. loading docks) to face a residential use and limit hours of operation should it
be located within 50 feet of a residential district. The submitted concept plan shows compliance
with all standards outlined in this code section—the loading docks face the fire station to the east
(not a residential use) and are not within 50 feet of any residential district or use.
D. Retail use shall not exceed twenty-five (25)percent of leasable area in any tenant space.
Because Red Aspen is an online business, there is no retail area included in the building design.
Therefore, this standard is not applicable to the submitted site plan. However, the Applicant will
be required to comply with this standard in perpetuity should any redesign of the building space
occur and a retail component is added.
Additional analysis on the proposed use and how it integrates with adjacent uses is in the
Comprehensive Plan analysis section above. Staff will confirm compliance with these specific
use standards with any future Certificate of Zoning Compliance(CZC)application.
E. Dimensional Standards(UDC 11-2):
The Applicant is proposing to annex the subject property into the City with the C-G zoning
district which does not have a minimum lot size. As noted above,the proposed use is a permitted
use in the requested zoning district. Furthermore, according to the concept plan,the proposed
building, drive aisle and vehicle use areas, and the proposed parking stalls meet UDC
dimensional standards.
The project requires a minimum 25-foot wide landscape buffer adjacent to both Linder Road and
Overland Road, arterial streets. The submitted concept plan shows compliance with the required
street buffers with the landscape buffer along Overland being shown as approximately 42 feet
wide and the required 25 foot width along Linder. Within the comprehensive plan section above,
Staff has recommended a reduction in the Overland landscape buffer width to be less than 25 feet
from the ultimate right-of-way. Through Alternative Compliance, Staff believes a reduced buffer
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Item#9.
would help mitigate any noxious uses of the site for the residential project to the south by moving
the building further away from the south property line. In addition, shifting the building further
north would aid the building in holding this corner and creating a true presence at this
intersection.
In addition,the C-G zoning district requires a minimum landscape buffer of 25 feet to any
residential use which is applicable along the south property boundary where an existing multi-
family residential development exists. The submitted concept plan shows this 25-foot landscape
buffer compliant with the required dimensional standards.
According to the conceptual elevations,the building is proposed with a height of approximately
38 feet in height. The C-G zoning district allows a maximum height of 65 feet so the proposed
building height complies with this dimensional standard. However,because of adjacent C-C
zoning and development, Staff believes limiting the height of any future building on the subject
site to the 50-foot height limit of the C-C zoning district instead of the 65-foot limit in the C-G
zoning district is a prudent provision to add within the required Development Agreement. Staff
recommends this provision in case the proposed use and building is not constructed and a future
Applicant proposes a taller building—Staff believes constructing a building up to the allowed 65-
foot height in the C-G zoning district does not integrate with adjacent development.
With future CZC submittals, Staff will confirm conformance with the required dimensional
standards of the C-G zone and the Flex Space specific use standards (11-4-3-18). Therefore,the
proposed project meets all required dimensional standards outlined in UDC 11-2B-3.
F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant has submitted conceptual elevations of the future flex space building;
Administrative Design Review(DES)and a formal review of the elevations will be required with
a future CZC submittal. Per the submitted conceptual elevations,the building is proposed to be
constructed with tilt-up concrete panels that have a texture coat applied to it. The elevations also
show ample cornice work visible on all elevations, faux windows with fenestration,parapet
variation, accent material and color around the base of the building, and two-story windows with
painted steel canopies. Staff will analyze the future building elevations submitted with the DES
application for compliance with the Architectural Standards Manual.
G. Access(UDC 11-3A-3, 11-3H-4):
Access to the site is proposed via one connection to Linder Road and one connection to Overland
Road with both accesses restricted to right-in/right-out only maneuvers. The access point from
Linder road is an existing 25-foot wide access point for the multi-family project adjacent to the
south and the Applicant is proposing to widen the curb-cut to 40 feet and share it with the
residential project.ACHD has reviewed this proposal and supports the Applicant's request to
widen the existing Linder access. Staff has not seen a written agreement for this shared access
between the adjacent land owner this one; Staff recommends said agreement be submitted with
any future application(s). However, Staff does support widening and sharing this access so the
site has adequate circulation;without a second access point to the site, any future development on
the site will be severely hindered. The proposed access to Overland is an existing curb cut that is
supported by both Staff and ACHD. Both proposed access points are as far away from the Linder
and Overland Roads intersection as is physically possible. Staff supports the access to the site as
proposed but is recommending a DA provision that the Applicant provide proof of a reciprocal
cross-access agreement with the property/property owner to the south regarding the shared access
to Linder with the future Certificate of Zoning Compliance application.
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Item#9.
H. Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-
3C-6B for nonresidential uses based on the ratio for commercial zoned properties of one(1) space
for every 500 square feet of gross building floor area.A 29,440 square foot building requiring at
least 59 parking spaces with the required parking ratio is proposed. According to the submitted
concept plan, 59 parking spaces are proposed, exceeding the minimum requirement by one(1)
space. Staff will confirm compliance with these standards at the time of CZC submittal. The
proposed use of a flex space will rarely have the full allotment of parking spaces utilized because
the warehouse component of the building takes up a larger area while not traditionally requiring
the same amount of parking as office or other commercial uses. Furthermore,there will be no
customers that go to the proposed building so all of the parking will be for employees.
Therefore, initial review of the concept plan does not give Staff any concern over the amount of
parking due to the proposed use of a Flex Space building.
I. Sidewalks and Pathways(UDC 11-3A-17& UDC 11-3A-8):
5-foot wide attached sidewalk exists along Overland Road and is required to remain. A1040ot
wide multi-use pathway segment is required along the west boundary and adjacent to Linder
Road per the Master Pathways Plan. ACED is requiring both pedestrian facilities be attached
facilities due to future planned road widening and intersection improvements. The concept plan
also shows at least 7-foot wide sidewalks adjacent to the future building that connect to the
arterial pedestrian facilities offering adequate pedestrian connectivity for the subject site.
Furthermore,the additional segment of multi-use pathway and its connection to the sidewalk
along Overland would create a fully connected pedestrian network from Overland to Victory
Middle School,Bear Creek Park, and back with the additional benefit of connecting the pathway
system to the arterial street sidewalk network that has vast regional connectivity. The proposed
sidewalks and pathway meet UDC requirements.
J. Landscaping(UDC 11-3B):
The Applicant is required to construct landscape buffers along Overland Road,Linder Road, and
along the southern boundary as a landscape use buffer. The buffers along Overland and Linder
are governed by UDC 11-3B-7; the land use buffer along the south property boundary is
governed by UDC 11-3B-9. The Applicant did not submit specific landscape plans for the project
and no landscaping is shown on the submitted concept plan. However,the minimum required
landscape buffer widths are shown on the concept plan. Staff will ensure compliance with all
landscaping standards with the future CZC submittal.
K. Fencing(UDC 11-3A-61 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-7. 6-foot high vinyl
fencing is depicted on the concept plan but it is not labeled as existing or proposed. Staff is aware
there is existing fencing along the south and east boundaries constructed with the adjacent
development. In general, 6-foot fencing should be included along the south and east boundaries
for security and screening purposes especially between this subject site and the residential
development to the south. Should fencing be proposed, Staff will analyze that with the future
CZC submittal.
L. Pressurized Irrigation(UDC 11-3A-15):
The Applicant is required to provide a pressurized irrigation system for the development in
accord with 11-3A-15.No irrigation plans have been submitted for Flex Space use at this time.
With future development applications,the Applicant will be required to provide a pressurized
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Item#9.
irrigation system for the required landscaping around the site. Land Development will review
these plans in more detail at a later date when specific irrigation plans are submitted.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation and zoning with the requirement of a
Development Agreement per the Findings in Section IX of this staff report.
B. Commission:
The Meridian Planning&Zoning Commission heard these items on October 21,2021. At the
public hearing,the Commission moved to recommend approval of the subject Annexation and
Zoning request.
1. Summary of Commission public hearing_
a. In favor: Amanda Moore, Genie Reese,and Jesse McKinney—Applicants;Josh Jantz,
Applicant Representative; Cornel Larson, Project Architect.
b. In opposition:None
C. Commenting: Amanda Moore,Jesse McKinney,Josh Jantz, and Cornel Larson.
d. Written testimony: None
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application: Bill Parsons,Planning Supervisor;Kurt Starman,
Assistant City Attorney.
2. Key issue(s)of public testimony
a. Support for the proposed use and ability to keep a Meridian local business here in the City
Clarification on some of Staff s conditions of approval;
3. Ke, ids)of discussion by Commission:
a. Clarification on some of Staffs conditions and DA provisions, specifically the proposed
height limit and use limitations;
b. Staffs response to Applicant's request to remove/modify the DA provision limiting uses-
C. Commission concluded to keep Staffs recommended DA provision after Staffs
explanation;
d. Why Staff is recommending to reduce the landscape buffer along Overland to move the
building closer and is there a specific amount/distance required by Staff.
4. Commission change(s)to Staff recommendation:
a. Add condition of approval per Staffs recommendation to require Applicant obtain a
property boundary adjustment.
b. Modify DA Provision A.lb to increase the height limit consistent with the C-C zoning
district.
5. Outstandingissue(s)ssue(s) for City Council:
a. In the Commission motion,Commission required the Applicant obtain a PBA prior to the
Council meeting but this is not possible due to timing with the County processes. Staff
believes it was a misunderstanding of the expectation set by Staff at the hearing. In
response, Staff has included an appropriate condition regarding the PBA.
C. The Meridian City Council heard these items on November 16,2021. At the public hearing,the
Council moved to approve the subject Annexation and Zoning requests.
1. Summary of the City Council public hearing:
a. In favor: Amanda Moore, Genie Reese,and Jesse McKinney—Applicants;Josh Jantz
Applicant Representative; Cornel Larson,Project Architect.
b. In opposition:None
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Item#9.
C. Commenting: Amanda Moore, Genie Reese,Jesse McKinney, Cornel Larson
d. Written testimony: None
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. Requesting approval of subject application to keep a local business in the City of
Meridian.
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
a. None
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Item#9.
VII. EXHIBITS
A. Annexation and Zoning Legal Descriptions and Exhibit Maps
TEALEY'S LAND 12594 W. Explorer Drive,Suite 150 • Boise, Idaho 83713
SURVEYING (208) 385-0636
F] Fax(208)385-0696
Project. No.:4865
Date:July 30,2021
DESCRIPTION FOR
ANNEXATION PARCEL-ASPEN GROVE MOLDINGS,LLC
A parcel of land lying in the NW 1/4 of Section 24,T.3N.,RAW.,B.M.,Ada County,
Idaho and more particularly described as follows:
BEGINNING at the Northwest corner of said Section 24, thence along the North
boundary of said Section 24
South 89°07'25" East 327.10 feet to a point on the extended West boundary of
Record of Survey No. 9277, filed for record in the office of the Ada County Recorder,
Boise, Idaho under Instrument No. 112056125; thence along said extended West
boundary and along the West boundary of said Record of Survey No. 9227
South 00°41'26 West 397.51 feet to the Southwest corner of said Record of
Survey No. 9227,marked by a 5/8"iron pin;thence
North 89°33'34"West 327.10 feet to a point on the West boundary of said NW V4
of Section 24;thence along said West boundary
North 00°41'26"East 400.00 feet to the POINT OF BEGINNING,
Said parcel contains 2.99 acres, more or less.
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14 13 WEST OVERLAND ROAD (PUBLIC R/W VARIES)
S 89*07'25' E 327.10' 13
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ANNEXATION N 897f3TC-W 327.10'
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T.3N., R.lW., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
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A 12594 W.EXPLORER DRIVE, SUITE 1'30
L'If208-385-0636 BOISE,ID,83713
sous j DATE:7/30/21 PROJECT:4865
Page 13
Item#9.
B. Proposed Concept Plan(dated: 7/29/2021)
14 13 BASIS OF BEARING
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-71
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Go NCRETE LINE TABLE
ENTRUUEU LINE BEARING LENGTH
CURB[TYP 1
y L-I N 45°4710.E 35.31'
L-2 5 51.29'S]"E 6.56'
g S L-3 5 09'07'25'E 20.00'
L-4 N 53'21'49"E 6.56'
CONCEPTUAL N
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Page 14
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Item#9.
C. Concept Elevations
:5J(ql
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NORTH ELEVATION
SOUTH ELEVATION
Page 15
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E,3T E-EVATION
... ... .....
VkE,,3T El E IATION
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Item#9.
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 and the property owner(s)at the time of annexation ordinance adoption.
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 approved
concept plan and conceptual elevations included in Section V11 and the
provisions contained herein.
b. Future development of the subject site shall have a height limit of 49 50 feet consistent
with the proposed flex space building and C-C zoning to the west.
c. With the future Certificate of Zoning Compliance application,the Applicant shall provide
a copy of the recorded reciprocal cross access agreement to share an access to Linder
Road with the property to the south.
d. The allowed uses on the subject site shall be: flex space, financial institution,
healthcare/social services, information industry,personal and professional services,retail
(including wine and beer sales),restaurant,research and development, and vertically
integrated residential. The Applicant shall adhere to any applicable specific use standards
for a proposed use.
2. The Applicant shall obtain a Property Boundary Adjustment prior to building permit
submittal to combine the existing lots or adjust them appropriately to meet all dimensional
and building code requirements.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. There are no changes to water or sewer infrastructure proposed. Any changes to water or
sewer infrastructure must be reviewed by Public Works.
2. Any used services or mains must be abandoned at the main that will remain in service.
3. Sewer service lines should not run through infiltration trenches.
4. Parcel S 1224223460 has a sewer main stubbed to it that is currently not covered in a City
utility easement. A 20 foot wide easement is required onsite until the line transitions to a
service.
General Conditions of Approval
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
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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.
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.
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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 1-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.meridiancioz.oMIpublic 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. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=239643&dbid=0&repo=MeridianC
ity
D. ADA COUNTY HIGHWAY DISTRICT(ACHD)
httgs://weblink.meridiancity.orb/WebLink/DocView.aspx?id=230783&dbid=0&r0o=MeridianC
ity
IX. FINDINGS
A. Annexation and/or Rezone(UDC 11-513-3E)
Required Findings: Upon recommendation from the commission,the council shall make a
full investigation and shall, at the public hearing,review the application.In order to grant
an annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
Council finds the proposed zoning map amendment to annex the property into the City of
Meridian with the C-G zoning district with the proposed Flex Space use and site design is
consistent with the Comprehensive Plan, if all conditions of approval are met.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
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Council finds the proposed zoning map amendment and the requested development complies
with the regulations outlined in the requested C-G zoning district and is consistent with the
purpose statement of the requested zone.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Council finds the proposed zoning map amendment should not be detrimental to the public
health, safety and welfare, especially if all conditions of approval are met.
4. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the city including,but not
limited to, school districts; and
Council finds the proposed zoning map amendment will not result in an adverse impact on
the delivery of services by any political subdivision providing public services within the City.
5. The annexation(as applicable)is in the best interest of city.
Council finds the annexation is in the best interest of the City.
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