ACHD Maintenance Facility H-2021-0029 DA (2022-038673) ADA COUNTY RECORDER Phil McGrane 2022-038673
BOISE IDAHO Pgs=44 BONNIE OBERBILLIG 04/20/2022 08:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
® Ada County Highway District(ACHD), Owner/Developer
THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 19th
day of April
--5 2022, by and between City of Meridian, a municipal corporation of the
State of-id-a`h-o,-hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho
83642 and Ada County Highway District(ACHD),whose address is 3775 N.Adams Street,Garden
City,Idaho 83714,hereinafter called ONVNER/DEVELOPER
1.
RECITALS:
1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit"A",which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code § 67-651 IA provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section I 1-513-3 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 rezone on 30.27 acres of land from the RUT zone to I-L(Industrial)zoning
district on the property as shown in Exhibit "A" under the Unified
Development Code, is 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
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACILITY(H-2021-0029) PAGE 1 OF 8
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1.7 WHEREAS, on the 221 day of March, 2022, 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/DEVELOPER: means and refers to Ada County Highway
District(ACHD),whose address is 3775 N.Adams Street,Garden City,Idaho
83714, hereinafter called OWNER/DEVELOPER, the party that owns and is
developing said Property and shall include any subsequent owner(s) and/or
developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in
the County of Ada, City of Meridian as in Exhibit"A" describing a parcel to
bound by this Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
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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 approved concept
plans 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. With the first phase of the development,the existing home shall be removed and the
existing driveway access to Ustick Road will be closed.
c. Future Administrative building and Covered Storage building proposed along the
Ustick Road frontage shall adhere to the Commercial district design standards in lieu of
the Industrial district design standards.
d. The required multi-use pathway segment,detached sidewalks along Ustick and Naomi,
5-foot micro-path, and landscape buffers shall be constructed with the first phase of
development.
e. The applicant shall construct all fencing as proposed on the approved concept plan to
specifically include closed vision fencing along the south and west property
boundaries.
f. With the first phase of development, the applicant shall connect to City water and
sewer services, if available. Should sewer service not be available at the time of
development,the Applicant shall connect to sewer services when available or the water
service may be discontinued by the City.
g. Provide a utility easement for the benefit of the City through the site to parcel
SO434438850 to the east along the north half of the boundary for future sewer
infrastructure. Coordinate the exact location with Public Works staff.
h. With the first Certificate of Zoning Compliance application,the landscape buffer to
Ustick Road shall be vegetated with additional landscaping to include: trees that tough
at maturity, and; incorporate landscape beds along the entire fence line for added
shrubs and vegetation to help mitigate any noxious uses with the site.
i. The applicant shall adhere to the specific use standards for the approved Public Utility,
Major use, as outlined in UDC 11-4-3-31.
j. Building permits will be issued for the on-site improvements based on the timeline and
exhibits provided by ACHD (the submitted exhibits noted as "Site Phasing and Trip
Generation" and"Integrated Five Year Work Plan diagram"are informational only),
DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACILITY(H-2021-0029) PAGE 3 OF 8
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ACHD will construct the planned deceleration turnout lane prior to any building permit
request.
k. ACHD is authorized to construct and obtain final inspection/occupancy permit for the
decant station so that it may be operated during development of the site. As outlined in
the timeline and submitted phasing plan,the decant station will be constructed within
calendar year 2024. The site may also be used for staging equipment and outdoor
equipment.
1. Applicant shall obtain City Engineer approval for interim wastewater discharge
proposal prior to construction of the Decant and Washout areas as noted on the concept
and phasing plans. Additional pretreatment may be required by City Engineer review.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property,fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the Property, this
Agreement may be terminated by the City upon compliance with the requirements of
the Zoning Ordinance.
7.2 Notice and Cure Period.In the event of Owner/Developer's default of this agreement,
Owner/Developer shall have thirty(30)days from receipt of written notice from City
to initiate commencement of action to correct the breach and cure the default,which
action must be prosecuted with diligence and completed within one hundred eighty
(180) days; provided, however,that in the case of any such default that cannot with
diligence be cured within such one hundred eighty (180) day period, then the time
allowed to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2,City shall,upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511 A,have the right,but not a
duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service.Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement.Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue.This Agreement and the rights of the parties hereto shall
DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACILITY(H-2021-0029) PAGE 4 OF 8
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Item#8.
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County,Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
control of the party responsible for such performance, which shall include,without
limitation, acts of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion
or the entirety of said development of the Property as required by this Agreement or by City ordinance
or policy,notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms and conditions of this
Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits,and submit proof of such recording to Owner/Developer,prior to the third
reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City
Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in
connection with the annexation and zoning of the Property contemplated hereby,the City shall execute
and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to
insure the installation of required improvements, which the Owner/Developer agree to provide, if
required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed,completed,and accepted by the City,or
sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
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:
DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACILITY(H-2021-0029) PAGE 5 OF 8
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Item#8.
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:
Ada County Highway District(ACHD)
3775 N. Adams Street
Garden City,Idaho 83714
14.1 A party shall have the right to change its address by delivering to the other party
a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default,termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term,condition and provision hereof,and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed.
City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence
of termination of this Agreement if City, in its sole and reasonable discretion, had determined that
Owner/Developer have fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and
the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
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.
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Item#8.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution ofthe Mayor and City Clerk.
[end of text;acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACILITY(H-2021-0029) PAGE 7 OF 8
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Ada County Highway District(ACHD)
By: U10
Its:
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 4-19-2022 Chris Johnson, City Clerk 4-19-2022
STATE OF IDAHO )
ss:
County of Ada )
On this_6_�day of i'l .2022,before me,the undersigned,a Notary Public in and for said State,
yrsonally appeared V (n known or identified to me to be the
#Y�Sf 4 t kA' of Adi/Countydi4ghway District (ACHD) and the person who signed above and
acknowledged to me that he executed the same on behalf of said District.
S.. 1 ..
IN WITNESS WHEREO +1``ia�e o set my hanAanda my official se day and year in this
certificate first above written. .• �„r..••���.,
Ao
Comm.6205 I o0 6 G/�0
Re /
R •• U ,C, p My Commission Expires: Ll�L1 13, 2025
STATE OF IDAHO ) """'*N,0F,1���••`��
ss
County of Ada )
On this 19th day of April , 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,ofthe City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that
such City executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Residing at: Meridian,ID
Commission expires: 3-28-2028
DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACn.rrY(H-2021-0029) PAGE 8 OF 8
Item#8.
EXHIBIT A
Legal Description
ACHD Ustick Property -Annexation
A parcel located in the SE %of Section 34,Township 4 North, Range 1 West, Boise Meridian,
Ada County,Idaho, and more particularly described as follows:
BEGINNING at a point marking the southwest corner of said SE %.,from which a point marking
the southeast cornerof said SE%bears S 89'07'11"E a distance of 2640.61 feet;
Thence along the westerfy boundary of said SE Y,N 0043'44" E a distance of 1290.37 feet to a
point on the centerline of the five Mile Creek;
Thence along said centerline, also being the southerly boundary of that annexation parcel as
described in Ordinance No. 784, Instrument No. 98003485, records of Ada County, Idaho, the
following described courses and distances:
Thence S 89°04'31"E a distance of 434.23 feet to a point;
Thence a distance of 98.65 feet along the arc of a 337.00 foot radius curve right, said
curve having a central angle of 16°46'20" and a long chord bearing S 80'41'21" E a
distance of 98.30 feet to a point;
Thence S 72*1 V V E a distance of 182.16 feet to a point;
Thence a distance of 117.40 feet along the arc of a 458.00 foot radius curve left, said
curve having a central angle of 14°41'10" and a long chord bearing S 79°38'46" E a
distance of 117.07 feet to a point;
Thence S 86459'21"E a distance of 940.67 feet to a point;
Thence a distance of 99.31 feet along the arc of a 229.00 foot radius curve left,said curve
having a central angle of 24°50'50"and a long chord bearing N 80°35'14"E a distance of
98.53 feet to a point;
Thence N 68"09'49"E a distance of 145.45 feet to a point;
Thence a distance of 53.16 feet along the arc of a 143.00 foot radius curve right, said
curve having a central angle of 21°18'00" and a long chord bearing N 78°48'49" E a
distance of 52.86 feet to a point;
Thence N 89°27'49"E a distance of 362.98 feet to a point;
Thence a distance of 42.20 feet along the arc of a 65.00 foot radius curve right,said curve
having a central angle of 37°12'00"and a long chord bearing S 71°56'1 V E a distance of
41.46 feet to a point;
Thence S 53°20'11"E a distance of 243.43 feet to a point on the easterly boundary of said
SE%;
ziil d blut imns ACHD Ustick Prcpeity Annexation
Job No 21-22
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Thence leaving said Five Mile Creek centerline and along said easterly boundary of the SE 1
S 0°53'03°W a distance of 43.02 feet to a point;
Thence leaving said easterly boundary N 64°08'05"W a distance of 295.14 feet to a point marking
the northeasterly corner of McNelis Subdivision as shown in Book 100 of Plats on Pages 13082
through 13084,records of Ada County, Idaho;
Thence along the northerly and westerly boundary of said McNelis Subdivision the following
described courses and distances:
Thence N 89°07'41°W a distance of 303.80 feet to a point;
Thence S 64°49'45"W a distance of 277.37 feet to a point;
Thence N 86'15'46"W a distance of 701.30 feet to a point;
Thence S 81°07'09"W a distance of 287.40 feet to a point;
Thence S 2°46'23"E a distance of 140.80 feet to a point:
Thence a distance of 122.51 feet along the arc of a 100.50 foot radius curve left, said
curve having a central angle of 69°50'36" and a long chord bearing S 37"41'41" E a
distance of 115.06 feet to a point;
Thence S 72°36'59"E a distance of 105.95 feet to a point;
Thence a distance of 152.82 feet along the arc of a 290.92 foot radius curve right, said
curve having a central angle of 30"05'54" and a long chord bearing S 57°34'02" E a
distance of 151.07 feet to a point;
Thence S 42"31'05"E a distance of 45.13 feet to a point;
Thence continuing along said boundary and the extension thereof S 36°50'13" E a
distance of 861.51 feet to a point on the southerly boundary of said SE'/.;
Thence along said southerly boundary N 89'07'11"W a distance of 84.44 feet to a point marking
the southeasterly corner of"Parcel C°as shown on Record of Survey No.6018, records of Ada
County, Idaho;
Thence leaving said southerly boundary and along the easterly boundary of said "Parcel C"
N 37°06'59"W a distance of 584.06 feet to a point marking the northerly comer of said"Parcel
C",
Thence along the westerly boundary of said"Parcel C"S 0°09'49"E a distance of 49.81 feet to a
point marking the northeasterly comer of"Parcel B"as shown on said Record of Survey No.6018,
also being the northeasterly comer of that annexation parcel as described in Ordinance No. 02-
992, Instrument No. 103012606, records of Ada County, Idaho
Thence along the northerly and westerly boundary if said parcel the following described courses
and distances:
l ;). ACWD Uslick Properly Annenuon
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Thence N 36"49'52"W a distance of 255.94 feet to a point;
Thence N 42°30'43"W a distance of 45.13 feet to a point;
Thence a distance of 100.29 feet along the arc of a 190.92 foot radius curve left, said
curve having a central angle of 30°05'55° and a long chord bearing N 57°33'40" W a
distance of 99.14 feet to a paint;
Thence N 72"36'38"W a distance of 105.95 feet to a point;
Thence a distance of 72.79 feet along the arc of a 200.50 foot radius curve right, said
curve having a central angle of 20°48'02" and a long chord bearing N 62°12'37" W a
distance of 72.39 feet to a point;
Thence S 0°48'30" W a distance of 760.49 feet to a point on the southerly boundary of
said SE%;
Thence leaving said boundary and along said southerly boundary N 89`07'11"W a distance of
825.29 feet to the POINT OF BEGINNING.
This parcel contains 30.27 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS QrgP�--ANgs
Land Solutions, PC �� 9T GAF
April 14, 2021
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Job No 21-22
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ACHD USTICK PROPERTY - ANNEXATION
LOCATED IN THE SE 114 OF SECTION 34, T4N, R1 W, SM, ADA COUNTY, IDAHO
C 1/4
S89_17*01'E f�4
2647.77' - - - `-34 35
r CURVE TABLE LINE TABLE LINE TABLE
1 1
CURVE LENGTH RADIUS DELTA BEARING I CHORD LINE I LENGTH I BEARING IJNE LENGTH BEARING
CI 98.65' 337.00' 16'46'20" 580'41'21"E 98.30' LI 102.16' S7218-11-E L8 105.95'I 57236'59"E
- I
C2 117.40' 4.58.00' 14'41'10- S79'3546"E if7.07' L2 145.45' N68"D9'49'E L9 45,13' S42'31'05"E 1
C3
99.31' 229.00' 24'50'50' N80'35'14'E '98.53' L3 20.3.43' S53'20'11'E L10 84.44' N89'07'11'W
b
w I ae
C4 1 53.16' 143.00' 2118'00" N78'48'49"E 52.86' L4 43.02' SO'53'03"W L11 49.8f' S0'09'49'E �f I
ON
C5 42.20' 6500' 3Ti2'QO" 571'S6'1f'E 41.46' LS 295.14' N64-08'05"W L12 45.13' N42'30'43"W
f
a
I C6 122.51' 100.50' 69'5W36" S37'41'41'E k 115.06' L6 277.37' S54'49'45'W L13 105,95' N7236'38'W
C7 152.82' 290.92' 30'05'54" S57'34'02'E 151.07 U7 140.80' S2'46'23"E
C8 100.29 190.92' 1 30'05'55" N57'33'40'W 99.14'
m
C9 72.79' 200.50 20'402" N62'12'37"W 72.39'
-q FIVE MILE CREEK---- 362.98' N
S89'04'31"E C1 t N8927'49'E C` �
434.23' �C2 --S86'59'21 E-940.67'--- C3' M
1` S81'07' N89'07'41"NI M
287.40 N86'15'46"W 701.30' `303.80' rB n
ANNEXATION AREA
30.27 ACRES ---
o N PARCEL SO43443WOO
3764 W. JSnCK RD. +,i3' v =
C3
POINT OFF �tsf,
BEGINNING .
34 N69'07'11"W 825.29' + 'I` L10
_ 795.86' +
A. _ Y _ 935A1' -=�4 35
3 I/4 BASIS OF BEARING 2640,61' W, USiiCK R0. T _ 3 2
`a ,LLAAFAs
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0' 200' 400' 800' 1r7.rf or �� � Land 3uTveying and consulting
231 E.5TH ST.STE A
MERIDIAN 10 83W
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ACHD Maintenance Facility- 2021-0029
Item#8.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�fIEN DIb�N
AND DECISION& ORDER
In the Matter of the Request for Annexation and Zoning of 30.27 acres of land with a request for
the I-L zoning district for the purpose of constructing an ACHD maintenance facility on 23.7 acres,
by Engineering Solutions,LLP.
Case No(s). H-2021-0029
For the City Council Hearing Date of: March 8, 2022 (Findings on March 22, 2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 8,2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 8,2022,incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of March 8,2022,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 8,2022,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(ACHD Ustick Maintenance Facility—FILE#H-2021-0029)
- I - Page 249
Item#8.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 8,2022, 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 March 8,2022, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments,if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again (UDC 11-
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(ACHD Ustick Maintenance Facility—FILE#H-2021-0029)
-2-
Page 250
Item#8.
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. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of March 8, 2022.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ACHD Ustick Maintenance Facility—FILE#H-2021-0029)
-3 Page 251
Item#8.
By action of the City Council at its regular meeting held on the 22nd day of March
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simi n 22-0222
Attes
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Chris Johnson -22-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Uh��0-,qDated: 3-22-2022
City Clerk's Office rN
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ACHD Ustick Maintenance Facility—FILE#H-2021-0029)
-4- Page 252
item#8. EXH I BIT A
STAFF REPORT E COMMUNITY
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COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 74312021.March 8,2022 Legend
DATE: �" 0
LaProject Location ,,,
TO: Mayor&City Council �Cc�
FROM: Joe Dodson,Associate Planner
208-884-5533 ��
SUBJECT: H-2021-0029
{
do i D
ACHD Ustick Maintenance Facility -
LOCATION: The site is located at 3764 W.Ustick
Road, approximately'h mile west of Ten
Mile Road on the north side of W.Ustick
Road,in the SW 1/4 of the SE 1/4 of
Section 34,Township 4N.,Range 1 W.
OFF
I. PROJECT DESCRIPTION
Annexation and Zoning of 30.27 acres of land with a request for the I-L zoning district for the purpose of
constructing an ACHD maintenance facility on 23.7 acres,by Engineering Solutions,LLP.
Note: Sewer services are not currently available to the site. Therefore,the Applicant is also
requesting a City Council Waiver to delay connection to City sewer; City water is readily available.
Further discussion of this is located throughout the staff report below.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage AZ—30.27 acres;Project Site—23.7 acres
Future Land Use Designation Mixed-Use Non-Residential MU-NR
Existing Land Uses County Residential home is no longer occupied)
Proposed Land Uses ACHD Maintenance Facility
Lots #and type;bldg./common) One 1 building lot
Phasing Plan #ofphases) Proposed as eight 8phases over eight 8 ears.
Physical Features(waterways, Fivemile Creek abuts the north property boundary;
hazards,flood plain,hillside) Ninemile Creek abuts the northeast property boundary.A
large area of the site lies within the floodplain along the
north third of the site,both Zone"AE"and Zone"X."
See further analysis in Section V.N.
Neighborhood meeting date;#of March 25,2021 —3 attendees
attendees:
History(previous approvals) N/A
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Item#8.
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 construction of a new collector street along the west
(Arterial/Collectors/State property boundary(N.Naomi Avenue)that accesses W.Ustick Road(arterial)
Hwy/Local)(Existing and near the mid-mile mark.
Proposed)
Stub Applicant is proposing to terminate N.Naomi Avenue in a temporary
Street/Interconnectivity/Cross hammerhead type turnaround approximately 625 feet into the property.Any future
Access development west of the subject site would connect to this terminus and continue
west for interconnectivity.No other stub streets are proposed or required due to
the proposed and adjacent use.
Existing Road Network Ustick Road is existing arterial street with 2 to 3 lanes of travel.
Existing Arterial Sidewalks/ Ustick Road is existing but there are no sidewalks or landscape buffers along the
Buffers north side of Ustick Road.
Proposed Road No road improvements are required with this application due to this segment of
Improvements Ustick being scheduled for widening in 2025,unless the proposed right-hand turn
lane is proposed with future development(see ACHD staff report in Section
VIII.D).
CIP/Five Year Work Plan for Ustick and other nearby roads:
• Ustick Road is scheduled in the IFYWP to be widened to 5-lanes from Linder Road to Ten
Mile Road in 2025.
• Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to Cherry
Lane in with design in 2025. This project is listed as in preliminary development and is
currently unfunded.
• The intersection of Black Cat and Ustick Road is scheduled in the IFYWP to be improved with
an interim signal in 2021. This intersection is also listed in the CIP to be widened to 7-lanes
on the north leg, 7-lanes on the south, 6-lanes east, and 6-lanes on the west leg, and
reconstructedisignalized between 2026 and 2030.
• Ustick Road is listed in the CIP to be widened to 5-lanes from Black Cat to Ten Mile Road
between 2026 and 2030.
Fire Service
• Distance to Fire 1.1 miles from Fire Station#2
Station
• Fire Response Time Project lies within 5-minute response time goal
• Resource Reliability Fire Station#2 reliability is 85%(above the goal of 80%)
• Risk Identification None to report at this time
• Accessibility Proposed project meets all required road widths,and turnaround dimensions.
Police Service
• Concerns None/no comments
Wastewater
• Distance to Sewer 2,650 feet from current sewer services to the west(Black Cat Road)
Services
• Sewer Shed North Black Cat Trunkshed
• Estimated Project See application
Sewer ERU's
Page 2
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Item#8.
Description Details Page
• WRRF Declining 14.15
Balance
• Project Consistent Yes
with WW Master
Plan/Facility Plan
• Impacts/Concerns • Sewer is a 2,650'from site and per the Master Plan needs to come from N.
Black Cat Rd.
• Provide to-and-through to parcel SO434438850 to the east.
• If sewer is not available at the time of construction of the site,provide a
utility easement to the northern end of the parcel SO434438850.
• Flow is committed.
Water
• Distance to Services 0'
• Pressure Zone 1
• Estimated Project See application
Water ERU's
• Water Quality None
Concerns
• Project Consistent Yes
with Water Master
Plan
• Impacts/Concerns • No utilities are shown with application.A utility plan will need to be reviewed
by Public Works.
C. Project Area Maps
Future Land Use Map Aerial Map
Legend — - 0 4 Legend
Resider 0
Project Location MU-NR Project Location
Office
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Zoning Map Planned Development Map
Page 3
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Item#8.
Legend G R-8 R-2 r Legend
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City Limits
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III. APPLICANT INFORMATION
A. Applicant:
Becky McKay, Engineering Solutions, LLP— 1029 N.Rosario Street,Meridian, ID 83642
B. Owner:
Ada County Highway District(ACHD)—3775 N.Adams Street, Garden City, ID 83714
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 5/28/2021 6/25/2021
Radius notification mailed to
properties within 500 feet 5/26/2021 6/22/2021
Site Posting 6/6/2021 7/1/2021
Nextdoor posting 5/26/2021 6/22/2021
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https:llwww.meridianciU.or /�comQplan)
Mixed Use Non-Residential(MU-NR)—The purpose of this designation is to designate areas
where new residential dwellings will not be permitted, as residential uses are not compatible with
the planned and/or existing uses in these areas. For example,MU-NR areas are used near the
City's Wastewater Resource Recovery Facility and where there are heavy industrial or other
hazardous operations that need to be buffered from residential. Developments are encouraged to
be designed similar to the conceptual MU-NR plan depicted. Appropriate uses in MU-NR areas
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Item#8.
would include: employment centers,professional offices, flex buildings,warehousing, industry,
storage facilities and retail, and other appropriate non-residential uses
The subject site is an approximate twenty-four(23.7) acre parcel that abuts Ustick to the south,
two creeks along the north and a portion of the east boundary, and the City's wastewater
treatment plant directly north of the abutting creek. South of Ustick Road are existing detached
single-family residences that currently have generally vacant parcels between them and the
treatment plant. The proposed use of a maintenance facility for ACHD falls under the Public
Utility,Major use within development code and is subject to specific use standards (UDC 11-4-3-
31).
The Mixed Use Non-Residential(MU-NR)future land use designation calls for industrial uses,
such as a maintenance facility, to act as a buffer between the City's treatment plant and any
existing and/or future residential development. The Applicant is proposing to install solid fencing
and the required landscape buffers adjacent to Ustick and the existing county residence directly
to the west(in addition to a new public collector street). If the property to the west develops in the
future as a nonresidential use as called for on the future land use map, the buffer proposed with
this application along the west boundary should act as an adequate transition between uses.
Despite the probable noise associated with a maintenance facility such as this, adequate
landscaping and separation from existing residences by Ustick Road offer appropriate separation
and should mitigate the noise from trucks and machinery.
In addition to the proposed use itself, the hours of operation for the facility are an important
factor in determining if the proposed use fits in this location. The Applicant has stated the
planned hours of operation are Monday thru Friday, lam to 5:30pm with occasional late-night
hours during emergency situations. During the summer, the Applicant has also stated that chip-
seal operations require some weekend hours but should be within the normal daytime operating
hours. Staff nor the Applicant can foresee emergency situations so it is not feasible to mitigate
every possibility associated with the proposed use. Due to the likely minimal late-night
operations, Staff believes the proposed Development Agreement provisions and screening
methods will be sufficient in mitigating any noxious consequences of the proposed use.
Because of this, Stafffinds the proposed project and use of an ACHD Maintenance Facility 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 and phasing plan, 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.orglcompplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"Coordinate with utility providers on acceptable landscape materials, design and site locations for
their future facilities to avoid negative impacts to the community."(3.08.03). The location of the
proposed ACHD Maintenance Facility is located within a non-residential designated area
adjacent to the City's wastewater treatment plant. This area is intended to be developed with non-
residential uses to act as buffers between existing/planned residential and the treatment plant.
ACHD is considered a utility provider and they have worked with Staff to find an appropriate
location for their new maintenance facility to further increase road maintenance capabilities
within the City of Meridian.
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Item#8.
Furthermore, Staff is recommending denser landscaping along the property frontage on Ustick to
further mitigate any negative impacts to the nearby single-family residences and meet this
applicable and significant comprehensive plan policy.
"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 services are readily
available to the subject site but sewer services are nearly a half mile to the west. This site is in a
different sewer trunkshed than the properties to the east. As previously noted, the Applicant is
proposing to develop the site in multiple phases over the next 8-9 years with a potential for the
first building to be constructed in 2024. It is not entirely clear at what point utilities will be
available or needed for the site but due to the phasing and the lack of sewer availability
currently, the Applicant has not submitted any utility plans at this time. With future development,
the Applicant will be required to submit these plans and continue coordinating with the City to
connect to public utilities, including water needed for irrigation.
With this application, Staff finds it appropriate for the Applicant to provide a more detailed utility
phasing plan than what has been presented in the application materials. Staff has discussed this
with the Applicant and has received a general utility phasing plan as follows:
FY22-Site Prep, cutting in access roads, landscaping and fence installation—no need for sewer,
just water.
FY23-Decant and washout area, with the possibility of the Admin Bldg. or may get pushed out to
FY24.
FY24-Drainage and Broom Sheds that would need to be connected to the sewer as well since
this building will have restrooms.
FY25—Fleet Buildings-Sewer hook-up as well for this building.
FY26—Admin Building(originally, but possibly pushed up to FY23 or 24). If not built this year
no need for sewer tie in.
FY27— Truck Wash, and Truck Scales—Sewer to be hooked up
FY28—Finishing of outlier projects
Based upon the updated information, connection to City water and sewer is likely needed by
2023. Water is readily available but sewer is not, as noted previously. The Applicant is having
ongoing discussions with the City Engineer on the best path forward for the sewer needs and
timeline of this project.
"Require industrial uses to conform to disposal, spill, and storage measures as outlined by the
Environmental Protection Agency."(4.10.01B). Because of the nature of the proposed use and its
different disposal, storage, and chemical requirements, they will be tasked with obtaining all
necessary permits from the Environmental Protection Agency (EPA). Planning Staff does not
perform environmental reviews as part of their analysis but due to the added layer of floodplain
being located onsite, the City's floodplain coordinator will be a consistent part offuture
development of the site as phasing progresses and structures are proposed within the floodplain
that require environmental permits.
"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 shown on the master pathways plan along the north property
boundary, adjacent to the Fivemile Creek. The Applicant is proposing to construct the required
segment ofpathway and construct a pedestrian bridge over the creek to connect to an existing
pathway segment further to the east. This connection and added pathway are also proposed to
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Item#8.
connect to detached sidewalk along the property's west boundary that eventually connects to
Ustick Road. Staff appreciates the added pedestrian connections proposed with this project and
should further Meridian's multi-modal transportation goals.
"Require new development to establish street connections to existing local roads and collectors as
well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is proposing to
construct a new industrial collector street along west property boundary despite it not being
required on the Master Street Map (MSM). This new street is proposed to terminate in a
temporary hammerhead type turnaround approximately 625 feet north of Ustick allowing for
future connectivity to the west if future development occurs within other areas of the MU-NR
designation to west and northwest. The existing county residence and agricultural use to the west
will have an opportunity to access this new collector street directly and gives that property an
option to utilize the collector street instead of accessing Ustick directly.
Staff finds this development to be generally consistent with the Comprehensive Plan.
C. Existing Structures/Site Improvements:
There is an existing county residence on the property that is no longer occupied. The Applicant
has stated this home is to now be sold and removed from the site instead of being used as a
temporary office, as originally proposed. Therefore,the existing driveway access to Ustick will
be closed as well. Staff is recommending this access be closed with phase 1 of the development,
consistent with standard conditions to construct required landscape buffers with the first phase of
development.No other structures are known on-site.
D. Proposed Use Analysis:
The proposed use is an ACHD Maintenance Facility which falls under the Public Utility,Major
use within development code. This use is a permitted use in the requested I-L zoning district per
UDC Table 11-2C-2 and is also subject to Specific Use Standards(UDC 11-4-2-31). As
previously discussed within the Comprehensive Plan section above, Staff supports the proposed
use at this location—the relatively low vehicle trips,nonresidential use,and proposed pedestrian
and landscaping improvements should make the proposed use ideal for this location next to the
wastewater recovery facility. Staff analysis of the Specific Use Standards is in italics below:
UDC 11-4-3-31 —Public Utility,Major; and public infrastructure:
A. Accessory uses directly related to the maintenance and fueling of vehicles(including,but not
limited to,truck and trailer washing, fuel pumps, garages for minor repair)may be allowed.
Proposed development incorporates many of these accessory uses and the Applicant is required
to obtain all necessary City, State, and Federal permits for them. Furthermore, the submitted
concept plan shows a large maintenance building in the southern quarter of the site but
sufficiently outside of the minimum 35 foot street setback from Ustick. This separation and
landscaping should mitigate any noxious outcomes from these buildings.
B. Installation of underground fuel tanks shall require written approval from the Idaho division of
environmental quality, Idaho department of water resources, and the appropriate fire authority.
Applicant is aware of this requirement and shall comply.
C.No portion of the outside storage areas and/or outside activity areas may be visible from any
highway, interstate, gateway corridor,principal arterial, or minor arterial as herein defined.
According to the submitted concept plan, none of the proposed outdoor storage areas appear to
be visible from Ustick Road, a principal arterial street. The applicant is proposing landscaping
and a solid fence as well as future building pad sites that will screen the outside activity areas
from Ustick Road. To ensure this standard is adhered to, Staff is recommending the required
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Item#8.
landscape buffer along Ustick is constructed with the first phase of development. More specific
analysis of the landscaping and fencing material is in subsequent and relevant sections below.
D. All driveways into and through the facility and any open area with a driving surface shall be
surfaced with a dustless material including,but not limited to, asphalt,concrete,pavers or bricks.
According to the submitted concept plan, no asphalt or driveways are proposed until phase 2.
However, upon further discussions with ACHD and following the removal of the existing home,
Staff is of the understanding that phase I will occur in 2022 and will include the new road,
overall site prep, landscaping, and fencing installation. With the first phase, it appears that a
gravel pit and paved open storage are proposed along the northern boundary. In addition, other
areas of paved open storage are depicted on the concept plan. Per the submitted plans, it appears
the Applicant is compliant with this standard.
E. For any use requiring the storage of fuel or hazardous material,the use shall be located a
minimum of one thousand(1,000)feet from a hospital.No portion of the site or any hazardous or
potentially hazardous material is located within 1,000 feet of a hospital.
The concept plan and phasing plan submitted with the application depict specific parts of the
maintenance facility being constructed at different times. A revised concept plan has since been
submitted. In general, the revised concept plan depicts the following: the required multi-use
pathway segment north of the proposed fencing and along the north boundary; a gravel pit and
paved open storage along the north and northwest boundary;fuel tanks, truck scale and a
salt/sand shed within the central area of the site; central but along the east boundary more paved
open storage and the decant and washout stations are proposed; employee and fleet parking as
well as the drain truck shed are located in a majority of the center of the site; in the south and
southeast area of the site the administration building,fleet maintenance building, broom truck
shed, and covered storage is shown on the concept plan.
Please see the phasing plan in the exhibit section below (Exhibit VILE)for when these areas are
proposed to be constructed from approximately 2021-2028. Staff notes that the location of the
decant and washout areas have been moved since the revised concept plan was submitted to a
new location outside of the floodplain and is therefore not accurately shown on the phasing plan.
E. Dimensional Standards(UDC 11-2):
The Applicant is proposing to annex the subject property into the City with the I-L zoning district
which does not have a minimum lot size.As noted above,the proposed use meets the requested
zoning and the dimensional standards noted in the specific use standards. The project requires
both landscape buffers and building setbacks,per the I-L dimensional standards. At a minimum,
there is a 25-foot landscape buffer required adjacent to Ustick and a 20-foot landscape buffer
required along the new collector street,Naomi Avenue. In addition,the I-L zoning district
requires a street setback of 35 feet. The submitted site plan shows the required 35-foot building
setback from Ustick but shows only a 25-foot setback from the future Administration Building to
the new segment of Naomi Avenue. This should be corrected with future development
applications.
In addition,the I-L zoning district has a minimum landscape buffer of 25 feet to any residential
use which is applicable along the west property boundary where Naomi Avenue is not proposed
adjacent to the parcel to the west. The submitted concept plan shows this 25-foot landscape buffer
compliant with the required dimensional standards.
The proposed building height of any future buildings are not known at this time but Staff
presumes none are proposed near the 50-foot height limit of the I-L zoning district. With future
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Item#8.
CZC submittals, Staff will confirm conformance with the required dimensional standards of the I-
L zone and the Public Utility,Major specific use standards(11-4-3-31). Therefore,the prosed
project meets all required dimensional standards outlined in UDC 11-2C-3 except for the required
street setback to Naomi Avenue. Staff has recommended this be corrected prior to future CZC
submittal.
F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant has not submitted any conceptual elevations of the future buildings.According to
the submitted concept plan,there will be an Administration building,Maintenance building,and a
long"L"shaped covered storage building that will require future Administrative Design Review
(DES) approval as future development occurs that will also require Certificate of Zoning
Compliance(CZC). Because future buildings are not proposed until later phases of the project
and because they will require CZC and DES approval, Staff does not find it necessary to obtain
conceptual elevations at this time.However, due to existing and established residential homes to
the south and Ustick being a heavily trafficked arterial roadway, Staff is recommending a DA
provision that any future building facade that is visible along Ustick Road is held to the
Commercial design standards in lieu of the Industrial design standards.
G. Access(UDC 11-3A-3, 11-3H-4):
Access is proposed via construction of a new collector street that aligns with Naomi Avenue to
the south. The Applicant is proposing to construct the collector street as a 3-lane, 52-foot wide
street section within 74 feet of right-of-way with 5-foot detached sidewalk on the east side of the
street; when the property to the west redevelops they will be expected to complete the street with
sidewalk on their side of Naomi. The submitted plans show this new road to terminate in a
temporary hammerhead type turnaround approximately 625 feet into the site for future road
connectivity to the west. ACHD has offered their approval of the proposed Naomi Avenue
extension and termination on the north side of Ustick Road. There is an existing home on the
property that is expected to be sold and moved to a new property which allows the existing access
to Ustick to be closed sooner than originally proposed.
Off of Naomi Avenue,the Applicant is proposing two driveway accesses for access into the
maintenance facility located approximately 360 and 625 feet north of Ustick Avenue. The
concept plan also shows each access to be gated approximately 150 feet from the edge of right-of-
way of Naomi. ACHD has given their approval of the proposed driveway and gate locations for
the maintenance facility because they meet district policies.
Lastly,the concept plan also shows a westbound deceleration/right-hand turn lane from Ustick
onto Naomi Avenue. The Applicant has stated a desire to include this right-hand turn lane for
trucks and other vehicles to access Naomi without impeding traffic along Ustick. Staff is
supportive of this. ACHD has noted within their staff report this dedicated right-hand turn lane is
not required by ACHD because Ustick Road is programmed to be widened to 5 lanes of travel
within 10 years.
The Naomi Avenue extension would allow for future public road connectivity for the parcels to
the west and allow for more efficient traffic management along the Ustick corridor than
individual nonresidential access points to Ustick common within industrial areas. Staff
appreciates the initial investment being placed on the road infrastructure and extension.All of
the proposed access points (including the existing driveway closure)meet UDC requirements and
ACHD has noted compliance with district policy. Therefore, Staff supports the proposed access
and transportation element of the proposed project.
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Item#8.
H. Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table H-
3C-6B for nonresidential uses based on the ratio for industrial zoned properties of one (1) space
for every 2,000 square feet of gross building floor area. Staff will confirm compliance with these
standards at the time of CZC submittal for each building. The proposed use of a maintenance
facility will rarely have any customers so the vast majority of parking needs would be for
employees. Initial review of the concept plan does not give Staff any concern over the amount of
parking due to the proposed use and ample area for additional paved parking.
I. Sidewalks(UDC II-3A-17):
5-foot wide detached sidewalks are proposed within the required landscape buffers to Ustick
Road and the new Naomi Avenue collector street(due to alignment, sidewalks are only proposed
on the east side of Naomi).At the terminus of Naomi,the 5-foot sidewalk is proposed to continue
north within the required 25-foot land-use buffer along the west property boundary and connect to
the required multi-use pathway segment at the north property boundary. The proposed sidewalk
meets UDC requirements.
There is currently no sidewalk to either the east or west of the subject site because neither
property is developed at this time. Further to the east, approximately '/mile, there is existing
sidewalk on the north side of Ustick constructed as part of the McNelis Subdivision. This area of
the City is rapidly developing so sidewalks should be constructed with the landscape buffers for
overall connectivity.
As properties further to the west and east develop in the future adequate pedestrian facilities will
be required and will connect to the overall sidewalk network. In addition, the intersection of
Naomi and Ustick is slated to be signalized in the future as more development occurs in this area.
A signal in this location would allow for safe pedestrian crossing to the established sidewalk
network on the south side of Ustick that offers connection to both Black Cat and Ten Mile Roads.
Furthermore, the sidewalk connection to the multi-use pathway segment along the north
boundary would allow pedestrian connection back to Ten Mile Road through the regional
pathway network. Overall, Staff supports the proposed detached sidewalk layout and locations
within the landscape buffers.
J. Pathways (UDC 11-3A-8):
Consistent with the sidewalk facilities,the proposed regional pathway extension is required of the
Applicant. In addition,the Applicant is required to construct a pedestrian bridge over the
Ninemile Creek to connect to the existing pathway segment at the west boundary of the McNelis
Subdivision.
The submitted concept plan shows compliance with all of the requirements surrounding the
construction of the multi-use pathway except for the required landscaping along both sides of the
pathway. The north side of the pathway is encumbered by the irrigation easement so the
Applicant has proposed trees only along the south side of the pathway. Staff is not necessarily
against this but the Applicant should be required to apply for Alternative Compliance with the
first CZC to determine the adequate alternative to the landscaping requirement along the creek.
To ensure these pedestrian facilities are constructed, especially the multi-use pathway segment,
Staff is recommending the pathway and sidewalks are constructed with phase I when the
landscaping and fencing are proposed.
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Item#8.
K. Landscaping(UDC 11-3B):
The Applicant is required to construct landscape buffers along Ustick Road,Naomi Avenue, and
the remaining western boundary. In addition,the Applicant is required to install landscaping
along the multi-use pathway along the north property. The buffers along Ustick and Naomi are
governed by UDC 11-313-7; the land use buffer along the remaining west property boundary is
governed by UDC 11-313-9; and the multi-use pathway landscaping is governed by UDC 11-313-
12. The Applicant did not submit specific landscape plans for the project but the revised color
concept plan(Exhibit VII.C) does depict proposed landscaping in the required areas.
The revised color concept plan shows lawn and trees within each required landscape area. As
noted previously, Staff is recommending denser landscaping within the landscape buffer to Ustick
Road to help mitigate any noise, light, or fumes from the maintenance facility. Furthermore, the
landscape buffers should be constructed with phase I for this exact reason. The landscaping
shown on the color concept plan appears to meet code requirements but further analysis will be
done with the first CZC submittal and a specific landscape plan is submitted.
L. Fencing(UDC 11-3A-6, II-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed
as shown on the landscape plan and appears to meet UDC standards as proposed. The Applicant
is proposing to construct 8-foot tall chain-link fencing with 2 feet of barbed wire above that
along the north and east property lines—this fencing is also proposed to be coated in a colored
and rubberized material.Along the west and south property boundaries, the Applicant is
proposing 8-foot tall TREX fencing(see fencing rendering below,Exhibit VILD). The
proposed TREX fencing is being strategically proposed to offer the most screening and
buffering to the existing residences. 8-foot tall fencing is allowed within industrial zoning
districts and per the height definition of fencing provided in UDC, barbed wire fencing is not
included in the height measurement of fencing and is allowed in the I-L zone.
M. Waterways(UDC 11-3A-6):
The subject site abuts two waterways along the north and northeast property boundaries—the
Fivemile Creek runs along the north boundary and the Ninemile Creek forks off of the Fivemile
and runs along the north segment of the east boundary. The Master Pathways Plan depicts a
segment of the regional pathway system adjacent to the Fivemile Creek but also requires a
pedestrian bridge to the northeast of the site in order to connect to the existing multi-use pathway
segment further to the east. The Applicant has proposed to build the required multi-use pathway
as well as to construct the pedestrian bridge over the Ninemile Creek to the east. Staff appreciates
the added cooperation with the Parks Department on extending pedestrian facilities.
In addition to the pedestrian elements surrounding the adjacent waterways,there is floodplain
located on the north quarter of the site. Staff has reviewed the site for compliance and notes that a
floodplain permit(s)will be required and that future construction within the floodplain will be
required to adhere to MCC 10-6 for structure elevations and waterproofing. Further and more
specific analysis will be done by Staff with future development applications. In addition,
additional environmental permits may be required with the federal government depending on
where the final location of specific items are located onsite(i.e. fuel tanks,decant station, etc.).
N. 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 industrial use at this time.
With future development applications,the Applicant will be required to provide a pressurized
Page 11
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Item#8.
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. The Meridian Planning&Zoning Commission heard these items on June 17,2021.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: Becky McKay,Applicant Representative
b. In opposition:None
c. Commenting Becky McKay; Lloyd Carnegie,ACHD Maintenance Manager.
d. Written testimony: None
e. Staff presentinggpplication: Joseph Dodson,Associate Planner.
f. Other Staff commenting on application:None
2. Key issue(s) public testimony
a. None
3. key issue(s)of discussion by Commission:
a. Timeline for the use of the site, construction of the westbound deceleration lane, and
overall phasing;
b. Potential issues associated with having large trucks utilizing Ustick Road and the site
prior a deceleration lane being constructed by ACHD as part of the overall road
widening project—Applicant stated that consistent truck traffic to the site should not
occur until after the Ustick Road improvements due to overall timing and use of other
maintenance facilities in the valley as well as the timing of developingthe site;
C. Estimated timeline for Ustick Road wideningApplicant stated there is a desire to
move up the construction of this road widening project to 2024 instead of between
2026-2030;
d. How concrete the proposed concept plan is in terms of building placement and phasing;
e. Capacity of the Commission/City to limit the use of heave truck traffic for the site via a
condition of approval or DA provision.
4. Commission change(s)to Staff recommendation:
a. Create a new DA provision to help limit heavy truck traffic until Ustick Road is widened
and the deceleration lane is constructed.
5. Outstandingissue(s)ssue(s) for City Council:
a. Connection to City Sewer services and what the alternatives may be—Planning Staff is
still not aware of the final alternative decided by the Applicant and the City Engineer; if
an answer is known prior to the meeting, Staff will alert City Council.
C. The Meridian City Council heard these items on July 13,2021,July 27, 2021, September 7.2021.
and March 8,2022.At the March 8"'public hearing,the Council moved to approve the suNect
Annexation and Zoning request.
L Summary of the City Council public hearing:
a. In favor: Becky McKay,Applicant Representative: Steve Price,ACHD Legal Counsel;
Jennifer Berenger.ACHD.
b. In opposition: None
Page 12
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Item#8.
C. Commenting: Becky McKay: Steve Price: Jennifer Berenger: Lloyd Carnegie.ACHD:
Heather Friddle,ACHD: Ryan Olsen,neighbor.
d. Written testimony:None
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application: Bill Nary, City Attorney
2. Key issue(s)of public testimony:
a. What kind of landscaping, fencing, and architecture will be utilized along the Ustick
frontage.
3. Key issue(s)of discussion by City Council:
a. Timeline of adjacent road improvements(Ustick Roadl in conjunction with timeline of
proposed site development—specifically, should project be approved without Ustick
widened and should the required deceleration lane be constructed first, at a minimum•
b. Accuracy of the proposed phasin "law
C. Has the Applicant worked with the City Engineer and Public Works to determine an
appropriate alternative to connecting to City Sewer as it is not currently available—Yes;
d. Clarification on Staff's proposed DA provisions:
e. Clarification from ACHD on proposed uses, design, and timelines for specific sjte as
well as Ustick widening project from Linder to Black Cat.
4. City Council change(s)to Commission recommendation.
a. Additional provision per Staff s previous memos and presentations regarding the
proposed decant station and water treatment:
b. Strike condition VIII.AI.j and add provisions per Applicant's letter dated March 2
2022.
Page 13
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Item#8.
VIL EXHIBITS
A. Annexation and Zoning Legal Descriptions and Exhibit Maps
ACHD USTICK PROPERTY - ANNEXATION
LOCATED IN THE SE 1/4 OF SECTION 34, T4N, R1W, BM, ADA COUNTY, IDAHO
C 1/4
00 _ - - - - S89_17'01"E 1/4
2647.77' - - - - --34�35
CURVE TABLE LINE TABLE LINE TABLE
CURVE LENGTH RADIUS DELTA BEARING CHORD LINE LENGTH BEARING RLENGTH BEARING
C1 98.65' 337.00' 16'46'20° S80'41'21'E 98.30' Lt 182.16' S72'18'11'E105.95, S72'36'59"E
C2 117.40' 458.00' 14'41'10" S7938'46"E 117.07' L2 145.45' N68'09'49'E45.13' S42'31'05"E
C3 99.31' 229.00' 24'50'50" N80'35'14"E 98.53' L3 243.43' S53'20'11"E84.44' N89'07'11"W
C4 53.16' 143.00' 2118'00" N78'48'49"E 52.86' L4 43.02' SO'53'03"W L11 49.81' SO'09149"E
v I CS 42.20' 65.00' 3712'00" S71*56'11°E 41.46' L5 295.14' N64'08'05°W L12 45.13' N42'30'43"W
�I C6 122.51' 100.50' 69'50'36" S37'41'41"E 115.06' L6 277.37' S64'49'45"W L13 105.95' N7236'38"W
C7 152.82' 290.92' 30'05'54" S57'34'02'E 151.07' L7 140.80' S2'46'23"E
C8 100.29' 190.92' 30'05'15° N57'33'40"W 99.14'
C9 72.79' 200.50' 20'48'02" N62'12'37"W 72.39'
cs 1 s _ FIVE MILE CREEK 362.98' IJ N
1, - - C4 N89"27'49"E-05�
S89"04'31"E-Ct �L1 -S86*59'21"E-940.fiT-- C3��� !3_
434.23' C2
IS81.0710T"N L6 N89'0 01'"W �S
287.40 N86'15'46"W 701.30'
ANNEXATION AREA = J
30.27 ACRES ` 06 Lg J
19
CD
CD
N PARCEL S0434438600 �fi S�yF
z
3764 W. USTICK RD.
POINT OF �Sd,1O6, sue, l
BEGINNING
�10
34 N89'07'11"W 825.29' 795.86' ` _ _ 935.01' 34 35
3 1/4 I BASIS OF BEARING 264os1' A USTICK RD. 3 2
n
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O' 200' 400' $00' tiTO�, w NPR MERIDIAN,ID 83642
231 E 5TH ST.,STE.A
(208)2 1 2040 (208)288-2557 W
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Page 14
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Item#8.
Legal Description
ACHD Ustick Property -Annexation
A parcel located in the SE '/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian,
Ada County, Idaho, and more particularly described as follows:
BEGINNING at a point marking the southwest corner of said SE %4, from which a point marking
the southeast corner of said SE'/4 bears S 89°07'11" E a distance of 2640.61 feet;
Thence along the westerly boundary of said SE '/4 N 0°43'44" E a distance of 1290.37 feet to a
point on the centerline of the Five Mile Creek;
Thence along said centerline, also being the southerly boundary of that annexation parcel as
described in Ordinance No. 784, Instrument No. 98003485, records of Ada County, Idaho, the
following described courses and distances:
Thence S 89°04'31" E a distance of 434.23 feet to a point;
Thence a distance of 98.65 feet along the arc of a 337.00 foot radius curve right, said
curve having a central angle of 16°46'20" and a long chord bearing S 80°41'21" E a
distance of 98.30 feet to a point;
Thence S 72'18'11" E a distance of 182.16 feet to a point;
Thence a distance of 117.40 feet along the arc of a 458.00 foot radius curve left, said
curve having a central angle of 14°41'10" and a long chord bearing S 79°38'46" E a
distance of 117.07 feet to a point;
Thence S 86°59'21" E a distance of 940.67 feet to a point;
Thence a distance of 99.31 feet along the arc of a 229.00 foot radius curve left,said curve
having a central angle of 24°50'50"and a long chord bearing N 80°35'14" E a distance of
98.53 feet to a point;
Thence N 68°09'49" E a distance of 145.45 feet to a point;
Thence a distance of 53.16 feet along the arc of a 143.00 foot radius curve right, said
curve having a central angle of 21°18'00" and a long chord bearing N 78°48'49" E a
distance of 52.86 feet to a point;
Thence N 89°27'49" E a distance of 362.98 feet to a point;
Thence a distance of 42.20 feet along the arc of a 65.00 foot radius curve right,said curve
having a central angle of 37'12'00"and a long chord bearing S 71'56'11"E a distance of
41.46 feet to a point;
Thence S 53'20'11"E a distance of 243.43 feet to a point on the easterly boundary of said
SE'/4;
� ��� ACHD Ustick Property Annexation
22
—0S—ymg—dC-111ny Job No Page. f3
Page 1 of 3
Page 15
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Item#8.
Thence leaving said Five Mile Creek centerline and along said easterly boundary of the SE
S 0n53'03"W a distance of 43.02 feet to a point;
Thence leaving said easterly boundary N 64n08'05"W a distance of 295.14 feet to a point marking
the northeasterly corner of McNelis Subdivision as shown in Book 100 of Plats on Pages 13082
through 13084, records of Ada County, Idaho;
Thence along the northerly and westerly boundary of said McNelis Subdivision the following
described courses and distances:
Thence N 89°07'41"W a distance of 303.80 feet to a point;
Thence S 64n49'45"W a distance of 277.37 feet to a point;
Thence N 86'1546"W a distance of 701.30 feet to a point;
Thence S 81°07'09"W a distance of 287.40 feet to a point;
Thence S 2°46'23"E a distance of 140.80 feet to a point;
Thence a distance of 122.51 feet along the arc of a 100.50 foot radius curve left, said
curve having a central angle of 69n50'36" and a long chord bearing S 3741'41" E a
distance of 115.06 feet to a point;
Thence S 72°36'59"E a distance of 105.95 feet to a point;
Thence a distance of 152.82 feet along the arc of a 290.92 foot radius curve right, said
curve having a central angle of 30°05'54" and a long chord bearing S 57°34'02" E a
distance of 151.07 feet to a point;
Thence S 42'31'05"E a distance of 45.13 feet to a point;
Thence continuing along said boundary and the extension thereof S 36°50'13" E a
distance of 861.51 feet to a point on the southerly boundary of said SE%;
Thence along said southerly boundary N 89'07'11"W a distance of 84.44 feet to a point marking
the southeasterly corner of"Parcel C"as shown on Record of Survey No. 6018, records of Ada
County, Idaho;
Thence leaving said southerly boundary and along the easterly boundary of said "Parcel U
N 37°06'59"W a distance of 584.06 feet to a point marking the northerly corner of said "Parcel
C",
Thence along the westerly boundary of said"Parcel C"S 0°09'49"E a distance of 49.81 feet to a
point marking the northeasterly corner of"Parcel B"as shown on said Record of Survey No.6018,
also being the northeasterly corner of that annexation parcel as described in Ordinance No. 02-
992, Instrument No. 103012606, records of Ada County, Idaho
Thence along the northerly and westerly boundary if said parcel the following described courses
and distances:
OIU.�lt9S ACHC Ustick Property Annexation
Job No.21-22
unn sarveyiny and C-11119 Page 2 of 3
Page 16
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Item#8.
Thence N 36d49'52"W a distance of 255.94 feet to a point;
Thence N 42d30'43"W a distance of 45.13 feet to a point;
Thence a distance of 100.29 feet along the arc of a 190.92 foot radius curve left, said
curve having a central angle of 30d05'55" and a long chord bearing N 57d33'40" W a
distance of 99.14 feet to a point;
Thence N 72d36'38"W a distance of 105.95 feet to a point;
Thence a distance of 72.79 feet along the arc of a 200.50 foot radius curve right, said
curve having a central angle of 20d48'02" and a long chord bearing N 62d12'37" W a
distance of 72.39 feet to a point;
Thence S 0°48'30" W a distance of 760.49 feet to a point on the southerly boundary of
said SE%;
Thence leaving said boundary and along said southerly boundary N 89'07'11" W a distance of
825.29 feet to the POINT OF BEGINNING.
This parcel contains 30.27 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS \OVAL LANo
Land Solutions, PC 5 S T F G�
April 14,2021
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1.c" d S�C►11J d�fi15 ACHD Uslick Property Annexation
tend ser Y119 and C11-119 Job No.21-22
Page 3 of 3
Page 17
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B. Revised Concept Plan(dated: 4/14/2021)
Item#8.
C. Color Concept Plan dated May 18.20211
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Page 19
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Item#8.
D. TREX Fence Example
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Page 20
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Item#8.
E. Revised Phasing Plan_& 4/2021)-Not updated and NOT A nnRnv>Gr,a of undated to reflect 1-
year shift: i.e. Phase 1 begins in 2022 instead of 20211:
--- - -- -- CONSTRUCTION PHASE
u TIMELINE KEY
I/ PHASE 2
2022
Iine ° P114SE3
rnaw
2023
PHASE
2024
X i _ a Gr,wA \ P2ASE 5
2025
PHASES
u.»u .anTa1 �� E�� �� -�� ♦ 2026
PHASE 7
2027
x � y
PHASE
201
L71 r w__ CONSTRUCTION PHASE TIMELINE
021�� .
g ACHD MAINTENANCE FACILITY
— --------L W. USTICK ROAD
'd'. USTICK KW '" aiansowr W. USTICK ROA7 1'= 150,
———— E - LOCATED IN THE SE 1/4 OF SECTION 34,
T.4N..RAW..B.M.
I ! 1 ! ADA COUNTY, IDAHD
O6 1�-21
Page 21
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Item#8.
F. Site Phasing and Trip Generation(informational onlyl:
Site Phasing & Trip Generation
FY2022 FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029
Design Review, Broom Shed,
Annsxation& Site Prep, Drainage Shed,
)Re-Zoning,
Fencing/ Covered Fleet Buildings, Outlier Projects,
Ustick Site Walking Path, Lighting, Construct Sheds,Fuel Equipment& Administrative Truck
Solar Covered
Development Connect to Decant Station Islands,Salt/ Winter Ops Building Wash/Scoles
p Architecture Parking
Design City Services, Sand Shed, Parking Pads
Access Road Mag Chloride
(Naomi Ln) Tanks
Ustick Rd Design ROW Construction Construction
Widening
Trip 20 Trips Per 103 Trips Per 59 Trips Per 22 Trips Per
No Trip No Trip Day with 3 Trips Day with 13 Day with 8 Trips Day with 3 Trips No New Trips No New Trips
Generation Generation Generation in the PM peak Trips in the PM in the PM peak in the PM peak -Ancillary Use -Ancillary Use
(per day) hour peak hour hour hour
Page 22
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Item#8.
G. Integrated Five Year Work Plan diagram(informational only):
' �p'►►�. 2022-2026
' — Integrated Five Year Work Plea
Widen Ustick Rd to 5 lanes with curb, gutter,
sidewalk and Level 3 bike facility
PROJECT: PROJECT- PROJECT:
Ustick Rd, Star/McDermott Ustick Rd, Black Cat / Ustick Rd, Ten Mile Rd I
Rd/Black Cat Rd Ten Mile Rd Linder Rd
Design Year: 2026 Design Year: 2022 Design Year: 2022
Right-of-Way Year: Future Right-of-Way Year: 2023 Right-of-Way Year: 2023
Construction Year: Future Construction Year: 2024 Construction Year: 2025
Owyhee Hkgh SchoolQ_...
i 5
W.Ushok:Fd —._. - > ._ 4'i G.^.Itk RC
Q 6
Z
7idly Para
a
LUDesign
T: PROJECT: PROJECT:
Rd/Black Cat Rd Signal Ustick Rd/Naomi Ave Signal Ustick Rd, Bridge #1444
Year: 2022 Design Year: 2022 Design Year: 2022
f-Way Year: 2023 Right-of-Way Year: 2023 Right-of-Way Year: 2023
ction Year: 2024 Construction Year: 2024 Construction Year: 2024
Page 23
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Item#8.
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 plans included in Section VII and the provisions contained herein.
b. With the first phase of development,the existing home shall be removed and the existing
driveway access to Ustick Road shall be closed.
c. Futures Administrative building and Covered Storage building proposed along
the Ustick Road frontage shall adhere to the Commercial district design standards in lieu
of the Industrial district design standards.
d. The required multi-use pathway segment, detached sidewalks along Ustick and Naomi, 5-
foot micro-path, and landscape buffers shall be constructed with the first phase of
development.
e. The Applicant shall construct all fencing as proposed on the approved concept plan to
specifically include closed vision fencing along the south and west property boundaries.
f. With the first phase of development,the Applicant shall connect to City water and sewer
services, if available. Should sewer service not be available at the time of development,
the Applicant shall connect to sewer services when available or the water service may be
discontinued by the City.
g. Provide a utility easement for the benefit of the City through the site to parcel
SO434438850 to the east along the north half of the boundary for future sewer
infrastructure. Coordinate the exact location with Public Works staff.
h. With the first Certificate of Zoning Compliance application,the landscape buffer to
Ustick Road shall be vegetated with additional landscaping to include: trees that touch at
maturity, and; incorporate landscape beds along the entire fence line for added shrubs and
vegetation to help mitigate any noxious uses within the site.
i. The Applicant shall adhere to the specific use standards for the approved Public Utility,
Major use, as outlined in UDC 11-4-3-31.
j. 'crirri shall be surnir'rccccr=diicn phase-4-vrthe pivJcct-cvirsr3cciic=v`dicn cn(.
!a-ne at Naomi Lane and Ustiek Read is eonstmeted-.
k. Building permits will be issued for the on-site improvements based on the timeline and
exhibits provided by ACHD (the submitted exhibits noted as"Site Phasing and Trip
Generation"and"Integrated Five Year Work Plan diagram"are informational onlvl.
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Item#8.
ACHD will construct the planned deceleration turnout lane prior to any building permit
rem
1. ACHD is authorized to construct and obtain final inspection/occupancy-permit for the
decant station so that it may be operated during development of the site. As outlined in
the timeline and submitted phasing plan,the decant station will be constructed within
calendar year 2024. The site may also be used for staging equipment and outdoor storage.
m. Applicant shall obtain City Engineer approval for interim wastewater discharge proposal
prior to construction of the Decant and Washout areas as noted on the concept and
phasing plans.Additional pretreatment may be required per City Engineer review.
2. Prior to commencing any site development,the Applicant shall obtain Certificate of Zoning
Compliance(CZC) approval for the first phase of site development.Any future buildings and
site development will also require CZC approval.
3. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2C-3 for the I-L zoning district and in UDC I 1-4-3-31 for the Public Utility,
Major specific use standards.
4. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6B for nonresidential uses within the I-L zoning district.
5. The Applicant shall comply with all ACHD conditions of approval.
6. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-
3A-15,UDC 11-313-6 and MCC 9-1-28.
7. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a
public access easement for the multi-use pathway segment along Fivemile Creek to the
Planning Division for approval by City Council and subsequent recordation. The easement
shall be a minimum of 14' in width(10' pathway and 2' shoulder on each side).
8. Upon completion of the landscape installation, a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in UDC 11-3B-14.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 With the first phase of development,the Applicant shall connect to City water and sewer
services, if available. Should sewer service not be available at the time of development,the
Applicant shall connect to sewer services when available or the water service may be
discontinued by the City.
1.2 Provide a utility easement for the benefit of the City through the site to parcel S0434438850
to the east along the north half of the boundary for future sewer infrastructure. Coordinate the
exact location with Public Works staff.
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Item#8.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is
three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and
water mains to and through this development. Applicant may be eligible for a
reimbursement agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-
feet wide for a single utility, or 30-feet wide for two. The easements shall be dedicated
via the City of Meridian's standard forms. The easement shall be graphically depicted on
the construction plat for reference purposes. Submit an executed easement(on the form
available from Public Works), a legal description prepared by an Idaho Licensed
Professional Land Surveyor,which must include the area of the easement(marked
EXHIBIT A)and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B)
for review. Both exhibits must be sealed, signed and dated by a Professional Land
Surveyor. DO NOT RECORD. All easements must be submitted,reviewed, and approved
prior to development plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water(MCC 12-13-8.3). The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available, a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized,the developer will be responsible for the payment of
assessments for the common areas prior to prior to receiving development plan approval.
2.5 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the area being developed shall
be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply
with Idaho Code 42-1207 and any other applicable law or regulation.
2.6 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.
2.7 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.
2.8 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
2.9 It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
2.10 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
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Item#8.
2.11 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.12 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.13 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.14 At the completion of the project,the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any
structures within the project.
2.15 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.meridianciU.oMIgublic_works.aspx?id=272.
2.16 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. PARKS DEPARTMENT—PATHWAYS
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=230782&dbid=0&r0o=MeridianC
iv
D. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancitE.org/WebLink/Doc View.aspx?id=230783&dbid=0&repo=MeridianC
hty
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;
City Council finds the proposed zoning map amendment to annex the property into the City of
Meridian with the I-L zoning district with the proposed Public Utility, Major use and site
design is consistent with the Comprehensive Plan, if all conditions of approval are met to
help mitigate any noxious uses nearby the existing residences to the south.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
City Council finds the proposed zoning map amendment and the requested development
complies with the regulations outlined in the requested I-L zoning district and is consistent
with the purpose statement of the requested zone.
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Item#8.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
City 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
City 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.
City Council finds the annexation is in the best interest of the City per the discussions held at
the Council hearings.
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