Z - DA (2023-010540) ADA COUNTY RECORDER Trent Tripple
2023-010540
BOISE IDAHO Pgs=40 CHE FOWLER 02/22/2023 08:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2.TMEG Properties,LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT ("Agreement")is made and entered into this 21 st day of
February
2023 by and between City of Meridian,a municipal corporation of the State of Idaho
("CITY"),whose address is 33 E. Broadway Avenue,Meridian, Idaho 83642, and TMEG Properties,
LLC ("OWNER/DEVELOPEW'), whose address is 74 E. 500 S., Ste. 200,Bountiful, Utah 84010-0000.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain
tract of land in the County of Ada, State of Idaho, commonly known as 5960 N.
Linder Road,Meridian, Idaho 83646, and described in Exhibit"A,"which is
attached hereto and by this reference incorporated herein as if set forth in full,
hereinafter referred to as the"Property;" and
1.2 WHEREAS, Idaho Code § 67-651 1A provides that cities may,by ordinance,
establish provisions governing the creation,form,recording, modification,
enforcement and termination of development agreements required or permitted as a
condition of zoning that the Owner/Developer make a written commitment
concerning the use or development of the Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section
11-513-3 of the Unified Development Code("UDC"),which authorizes
development agreements and the modification of development agreements; and
1.4 WHEREAS, Owner/Developer has submitted an application for development
agreement modification to remove the property listed in Exhibit"A" from an
existing Development Agreement dated June 5,2018 and recorded June 7, 2018 as
Instrument#2018-052340 in Ada County records, and for the inclusion of the
Property into this new Agreement,which generally describes how the Property will
be developed and what improvements will be made; and
DEVELOPMENT AGREEMENT—BOUNTIFUL COMMONS EAST H-2022-0015
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1.5 WHEREAS, Owner/Developer made representations at the duly noticed public
hearings before 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 development agreement
modification held before the City Council includes responses of government
subdivisions providing services within the City of Meridian planning jurisdiction,
and includes further testimony and comment; and
1.7 WHEREAS, on the 91"day of August,2022,the Meridian City Council approved j
certain Findings of Fact and Conclusions of Law and Decision and Order
("Findings"),which have been incorporated into this Agreement and attached as I
Exhibit`B;"and
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1.8 WHEREAS, Owner/Developer deems 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 r
L9 WHEREAS,the property listed in Exhibit"A" shall no longer be subject to the
terms of the existing Development Agreement(Instrument#2018-052340) and
shall be bound by the terms contained herein in this new agreement; and
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1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement modification 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 designations 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:
DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015
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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 TMEG Properties,LLC,whose
address is 74 E. 500 S., Ste. 200, Bountiful,Utah 84010-0000,the party that owns
said Property and shall include any subsequent owner(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel of Property located in the k
County of Ada, City of Meridian as described in Exhibit"A" describing a parcel to
be removed from existing Development Agreement recorded in Ada County as
Instrument#2018-052340,with such parcel being bound by this new Agreement,
which Exhibit"A" is 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. j
4.1 The uses allowed pursuant to this Agreement are only those uses allowed as
permitted, conditional and/or accessory uses under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement. j
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5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: j
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5.1 Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of the Property shall be generally consistent with the
updated conceptual site plan and building elevations in Section VII.B of the
Findings. The Applicant shall have flexibility in the future site design to allow
the reduction of buildings by one (1)and/or the option to change the orientation
of the buildings.
b. No restaurant or tap room(i.e. drinking establishment)uses shall be allowed on
the two (2) eastern lots (i.e. Lots 7 & 8,Block 1 as shown in Section VILE of
the Findings).
c. Provide a pedestrian pathway connection to the church property at the south
boundary of the site.
DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015
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6. COMPLIANCE PERIOD: This Agreement must be fully executed within six(6)months
after the date of the Findings 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 I
agreement, Owner/Developer shall have thirty(30)days from receipt of written I
notice from City to initiate commencement of action to correct the breach and cure
the default,which actions 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.
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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 § 67-6511A,have the right,but not a
duty,to de-annex all or a portion of the Property,reverse the zoning designations
described herein, and terminate City services to the de-annexed Property,including
water service and/or sewer service.Further, City shall have the right to file an
action at law or in equity to enforce the provisions of this Agreement. Because the j
covenants, agreements,conditions, and obligations contained herein are unique to
the Property and integral to the 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 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
DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015
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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 ordinance or I
policy,notify the City Engineer and request the City Engineer's inspections and written approval of
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such completed improvements or portion therefor in accordance with the terms and conditions of this
Agreement and all other ordinance 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.
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10. 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 agrees to provide,if E
required by the City.
11, CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the j
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. j
12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
13. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three (3) days after deposit in the United States
Mail,registered or certified mail,postage prepaid,return receipt requested, addressed as follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Ave.
Meridian, Idaho 83642 Meridian,Idaho 83642
OWNER/DEVELOPER:
TMEG Properties, LLC
74 E. 500 S., Ste. 200
Bountiful, Utah 84010-0000
DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015
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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. j
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14. ATTORNEY FEES: Should any litigation be commenced between the parties I
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.
15. 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 f
default under this Agreement by the other party so failing to perform.
16. 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 j
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,has
determined that Owner/Developer has fully performed its obligations under this Agreement.
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17. 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.
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18. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonable in giving any consent, approval, or taking any other action under this
Agreement.
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19. 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.
20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied,between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant,with respect to City,to a duly adopted
ordinance or resolution of City.
DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015
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20.1 No condition governing the uses and/or conditions governing the Property herein
provided for can be modified or amended without the approval of the City i
Council after the City has conducted public hearing(s)in accordance with the j
notice provisions provided for a zoning designation and/or amendment in force at
the time of the proposed amendment.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as
of the date herein above written.
[End of text. Acknowledgements, signatures, and Exhibits A and B follow.]
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DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
TMEG Properties,LLC
By: 12EJv;� 6 >S 1�✓�
V�c�
State oLidehu
oaj- 'S )ss.
County of-44s*fj'
On this 6 day of-GJ�) ,2023,before me,the undersigned, a Notary Public in and for said State,
personally appeared` re.u�^ ,known or identified to me to be the
of TMEG Properties,LLC and the person who signed above and
acknowledges e that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate
first above written.
SCOTT TEUSCHER a cj
i NOTARY PUBLIC-STATE OFUTAH Notary Public
COMMISSION NO. 727754 My commission expires: 1\—
,... COMM. EXP. 11-4-2026
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 2-21-2023 Chris Johnson, City Clerk 2-21-2023
STATE OF IDAHO )
: ss
County of Ada )
On this 21 day of February 2023, before me, a Notary Public, personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me
that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT-BOUNTIFUL COMMONS EAST H-2022-0015
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EXHIBIT A
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E N G I N E E R I N G
February 3,2022
Project No.21-224
TMEG Properties,LLC
Proposed
Bountiful Commons Subdivision No.2
A Resubdivision of a portion of Lot 1 and all of Lot 4,Block 1 of Bountiful Commons Subdivision(Book 115 of
Plats,pages 17336-17339),situated in the Southwest 1/4 of the Northwest 1/4 of Section 25,Township 4
North,Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho,and being more particularly
described as follows:
Commencing at a found aluminum cap marking the West 1/4 corner of said Section 25,which bears
SOO°55'15"W a distance of 2,657.84 feet from a found aluminum cap marking the Northwest corner of said
Section 25,thence following the westerly line of said Section 25,N00°55'15"E a distance of 1,329.01 feet to a
found 5/8-inch rebar marking the Northwest corner of said Southwest 1/4 of the Northwest 1/4(North 1/16);
Thence leaving said westerly line and following the northerly line of said Southwest 1/4 of the Northwest 1/4,
S89°24'37"E a distance of48.50 feet to a found brass plug marking the Northwest corner of said Bountiful
Commons Subdivision;
Thence following the northerly boundary line of said Bountiful Commons Subdivision,S89°24'37"E a distance
of 469.15 feet to the POINT OF BEGINNING.
Thence following said northerly subdivision boundary line,S89°24'37"E a distance of 208.35 feet to the
Northeast corner of said Bountiful Commons Subdivision,being witnessed by a found 5/8-inch rebar,which
bears S00°55'15"W a distance of 1.00 feet;
Thence leaving said northerly subdivision boundary line and followingthe easterly boundary line of said
Bountiful Commons Subdivision,S00°55'15"W a distance of 300.00 feet to the Southeast corner of said
Bountiful Commons Subdivision, being witnessed by a found 5/8-inch rebar,which bears N89°2437"W a
distance of 2.00 feet;
Thence leaving said easterly subdivision boundary line and following the southerly boundary line of said Lot 4
the following two(2)courses:
1. N89°24'37"W a distance of 325.00 feet to a found 5/8-inch rebar;
2. N89°24'41"W a distance of 151.32 feet to a found 5/8-inch rebar marking the Southwest corner of
said Lot 4;
Thence leaving the southerly boundary line of said Lot 4 and following the westerly boundary line of said Lot 4
the following three(3)courses:
1. 30.14 feet along the arc of a curve to the right,said curve having a radius of 100.00 feet,a delta angle
of 17°16'18",a chord bearing of N43°36'14"E and a chord distance of 30.03 feet;
2. 90.60 feet along the arc of a curve to the left,said curve having a radius of 100.00 feet,a delta angle
of 51°54'32",a chord bearing of N26°17'08"E and a chord distance of 87.53 feet;
3. N00°19'52"E a distance of 49.03 feet to the Northwest corner of said Lot 4;
Thence leaving said westerly boundary line and following the northerly boundary line of said Lot 4,
S89°24'37"E a distance of 211.48 feet;
Thence leaving said northerly boundary line,N00°35'23"E a distance of 150.14 feet to the POINT OF
BEGINNING.
5725 North Discovery Way • Boise, Idaho 83713 * 208.639.6939• kmengllp.com
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Said parcel contains 2.201 acres,more or less,and is subject to all existing easements and/or rights-of-way of
record or implied.
All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated in.
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208.35
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211.48 o '
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A n89°24'41"a' n89°24'37"tv j
151.32 325.00
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Title: Date:02-25-2022
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Scale: 1 inch=70 feet File:
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Tract 1: 2.201 Acres: 95892 Sq Feet:Closure=s49,0722e 0.01 Feet: Precision=1/204890: Perimeter= 1516 Feet
00 1=s89,2437e 208.35 005:RL R=100.00.Dcha=17.1618 009=n00.3523e 150,14
Bngg=n43.3614c,Chd=30.03 !
002=s00.5515w 300.00 006:LL R=100.00.Delia=51.5432
Bng=06.1708c,Chd=87.53
003=n89,2437w 325.00 007=n00.1952e 49.03
004=n89.2441w 151.32 008=s89.2437e 211.48 i
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EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW CVE IDIAN,
AND DECISION&ORDER t DA 1
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In the Matter of the Request for a Modification to the Development Agreement to Update the j
Conceptual Development Plan and Building Elevations; and Combined Preliminary and Final Plat
Consisting of Three(3)Building Lots on 2.20 Acres of Land in the C-C(Community Business)
Zoning District for Bountiful Commons East,by KM Engineering,LLP.
Case No(s).H-2022-0015
For the City Council Hearing Date of: July 19,2022(Findings on August 9,2022;revised Findings
on October 4,2022)
A. Findings of Fact
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1. Hearing Facts(see attached Staff Report for the hearing date of July 19,2022,incorporated by
reference)
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2. Process Facts(see attached Staff Report for the hearing date of July 19,2022,incorporated by
reference) E
3. Application and Property Facts(see attached Staff Report for the hearing date of July 19,2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 19,2022,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 BOUNTIFUL COMMONS EAST H-2022-0015 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 19,2022,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.
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C. Decision and Order j
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 a modification to the Development Agreement and combined
preliminary and final plat is hereby approved per the conditions of approval in the Staff Report
for the hearing date of July 19,2022,attached as Exhibit A. 1
D. Notice of Applicable Time Limits I
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 11-6B-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 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.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 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BOUNTIFUL COMMONS EAST H-2022-0015 -2-
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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
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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 I
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 July 19,2022
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BOUNTIFUL COMMONS EAST H-2022-0015 -3-
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By action of the City Council at its regular meeting held on the 9th day of August
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE j
COUNCIL MEMBER LUKE CAVENER VOTED AYE �
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COUNCIL MEMBER TREG BERNT VOTED AYE
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COUNCIL MEMBER LIZ STRADER VOTED AYE
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MAYOR ROBERT E. SIMISON VOTED j
(TIE BREAKER) I
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Mayor Robert E. Simison 8-9-2022
By Brad Hoaglun, Council President
Attest:
is
L;.yJ L,IDIAN
SFAI-
Chris John n 8-9-2022
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: ChaA,6w4jj" Dated: 8-9-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BOUNTIFUL COMMONS EAST H-2022-0015 -4-
EXHIBIT A
STAFF REPORTC�,WEIIDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING July 19,2022
Legend0
DATE: Continued from:June 21, 2022 lei
p t Laca liar
b
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: H-2022-0015
Bountiful Commons—MDA, PFP
LOCATION: 5960 N. Linder Rd.,in the NW 1/4 of rrrr=
Section 25,TAN.,R.1W.
MWE
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(Linder Mixed Use -Inst. #2018-052340) to
update the conceptual development plan&building elevations; and combined preliminary and final
plat consisting of three(3)building lots on 2.20 acres of land in the C-C(Community Business)
zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 2.20
Existing/Proposed Zoning C-C(Community Business District)
Future Land Use Designation Mixed Use—Community(MU-C)
Existing Land Use(s) Vacant/undeveloped land
Proposed Land Use(s) Commercial(mixed use)
Lots(#and type;bldg./common) 3 building/0 common
Phasing Plan(#of phases) 1
Number of Residential Units(type NA
of units)
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of 2/1/22
attendees:
History(previous approvals) H-2017-0095(AZ,Development Agreement Inst.#2018-
052340);H-2018-0067(PP);H-2018-0084(FP);PBA-
2022-0004 ROS#1333
Page 1
B. Community Metrics
Description Details P
Ada County Highway
District
• Staff report(yes/no) No
• Requires ACHD No
Commission Action
es/no
Access Access is proposed via a private backage road/driveway along the
(Arterial/Collectors/State west boundary of the site.
Hwy/Local)(Existing and
Proposed)
Traffic Level of Service NA
Stub There are no stub streets that exist to this site and none are
Street/Interconnectivity/Gros required to be provided to adjacent properties.
s Access
Existing Road Network A backage road/driveway exists along the west boundary of this
site parallel to N.Linder Rd.
Existing Arterial Sidewalks/ There are no existing arterial streets abutting this site.
Buffers
Proposed Road NA
Improvements
West Ada School District NA
Police Service No Comment
C. Project Area Maps
Future Land Use Map Aerial Map
Legend Legend
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Zoning Map Planned Development Map
Legend () Legend 0
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A. Applicant:
Stephanie Hopkins,KM Engineering, LLP—5725 N. Discovery Way, Boise, ID 83713
B. Owners:
TMEG Properties, LLC—74 E 500 S, Ste. 200,Bountiful,UT 84010-0000
C. Representative:
Same as Applicant
III. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Notification published in
5/3/2022 5/29/2022
newspaper
Notification mailed to property
owners within 300 feet 4/27/2022 5/23/2022
Applicant posted public hearing
5/7/2022 7/5/2022
notice on site
Nextdoor posting 4/27/2022 5/25/2022
IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan)
Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this
property as Mixed Use—Community(MU-C). The purpose of this designation is to allocate areas
where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The
intent is to integrate a variety of uses, including residential,and to avoid mainly single-use and strip
commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than
in Mixed Use Neighborhood(MU-N) areas. Goods and services in these areas tend to be of the
variety that people will mainly travel by car to,but also walk or bike to (up to 3 or 4 miles).
Employment opportunities for those living in and around the neighborhood are encouraged.
Page 3
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Developments are encouraged to be designed according to the conceptual MU-C plan depicted in
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Figure 3C. (See pgs. 3-11 through 3-16 for more information.)
The Applicant proposes to develop the subject property with four(4)multi-tenant commercial/office
buildings with associated outdoor plazas and surface parking. The existing development plan was
reviewed and deemed to be generally consistent with the Comprehensive Plan with H-2017-0095.
Staff has reviewed the proposed conceptual development plan for consistency with the development
guidelines in the Plan and recommends changes to the plan as noted below in Section V.A consistent E
with the following general guidelines for Mixed-Use and specifically MU-C developments:
• "In developments where multiple commercial and/or office buildings are proposed,the
buildings should be arranged to create some form of common,usable area,such as a plaza or
green space."(Pg. 3-13)
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• "Supportive and proportional public and/or quasi-public spaces and places including but not
limited to parks,plazas,outdoor gathering areas, open space,libraries,and schools that
comprise a minimum of 5%of the development area are required. Outdoor seating at
restaurants do not count toward this requirement."(Pg. 3-16)
The following Comprehensive Plan Policies are also applicable to this development: (Staffs
analysis in italics)
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• "Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval,and in accord with any adopted levels of
service for public facilities and services."(3.03.03F)
City water and sewer service is available and can be extended by the developer with
development in accord with UDC 11-3A-21. Urban services are available to be provided
upon development.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed commercial/off ce uses should be compatible with existing residential and
church uses to the east and south; and with future commercial uses to the west.
• "Encourage and support mixed-use areas that provide the benefits of being able to live,shop,
dine,play,and work in close proximity,thereby reducing vehicle trips,and enhancing overall
livability and sustainability."(3.06.02B)
The proposed mix of commercial/office uses should provide needed services for nearby
residents and employees.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and
the extension to and through said developments are constructed in conformance with the City
of Meridian Water and Sewer System Master Plans in effect at the time of development."
(3.03.03A)
The proposed development will connect to City water and sewer systems;services are
required to be provided to and though this development in accord with current City plans.
V. UNIFIED DEVELOPMENT CODE ANALYSIS U.
A. Development Agreement Modification(MDA):
The Applicant proposes a modification to the existing Development Agreement(DA)for Linder
Mixed Use(Inst.#2018-052340)to update the conceptual development plan&building
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elevations for this site to accommodate the proposed development; and remove the Chili's
restaurant conceptual building elevations from the agreement.No changes are proposed to the
text of the agreement.Note: The overall DA is for a larger 5-acre area; the portion subject to the
proposed modification is the northeastern 2.93 acres.
The existing plan depicts a 7,000 square foot(s.£)and 10,000 s.f.buildings with a shared outdoor
plaza area in between the two buildings with surface parking around the perimeter of the
buildings.A dance studio and event center for dance recitals and performances were originally
anticipated to develop on this site but is no longer planned(see Section VII.A below). Conceptual
elevations are included in the existing DA for a Chile's restaurant,a couple of multi-tenant
buildings and an event center.
The proposed development plan includes four(4)multi-tenant commercial/office buildings with
individual outdoor plazas at the rear of each building,a pedestrian walkway around each building
with a connection in between the two northern buildings and two southern buildings,and surface
parking internal to the site. Conceptual elevations for the proposed structures are also included
(see Section VII.B below).As part of the modification,the Applicant proposes to remove the
conceptual elevations for the Chili's restaurant and the event center.
A north/south backage road exists along the west boundary of this site that provides an
access from the collector street(W.Cayuse Creek Dr.)to the north to Linder Rd.at the
south boundary of Bountiful Commons Subdivision.Staff is concerned the ten(10)parking I
spaces depicted on the site plan along the west boundary of the site will create a safety
hazard by vehicles backing out into traffic; therefore,Staff recommends these spaces are
removed from the plan.
An existing provision of the DA(#5.1b)requires a minimum of 5%of the development area
to be developed with supportive and proportional public and/or quasi-public spaces and
places.Based on 2.93 acres,a minimum area of 0.15-acre(or 6,382 square feet)would be
required.In mixed use designated areas where multiple commercial and/or office buildings
are proposed,the Comprehensive Plan also desires buildings to be arranged to create some j
form of common,usable area,such as a plaza or green space.To create more of a shared j
common usable area as desired,Staff recommends instead of individual outdoor plaza areas
for each building,the parking areas in between Buildings A&B and C&D are removed j
and a plaza/green space is provided in these areas with seating,landscaping and shade
structures.
Note:The conceptual development plan depicts a total building square footage of 31,488+/-s.f.
between four(4)buildings.For a commercial/office use in a commercial district,a minimum of
63 off-street parking spaces would be required;a total of 154 spaces are proposed.Even with
removal of 34 spaces as recommended,a total of 120 spaces will still be provided,which Staff
believes will meet the needs of the development.
Staff has reviewed the provisions of the existing DA and finds the proposed conceptual
development plan to be in compliance with these provisions if the Applicant complies with the
recommended changes to the plan.
Staff is generally supportive of the proposed modification to the DA with the recommended
changes to the conceptual development plan noted above.Staff recommends the Applicant
revise the plans to incorporate these changes and submit a copy of the revised plan to the
Planning Division at least 10 days prior to the City Council hearing.
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B. Preliminary/Final Plat(PFP): j
A combined preliminary and final plat is proposed to re-subdivide a portion of Lot 1 and all of
Lot 4,Block 1,Bountiful Commons Subdivision.The current configuration of the property was
created through Record of Survey#13333 associated with PBA-2022-0004.The proposed plat
consists of three(3)building lots on 2.20 acres of land in the C-C zoning district.
Existing Structures/Site Improvements:
There are no existing structures on this site;the previous structures have been removed. j
Dimensional Standards:
Development of the proposed lots is required to comply with the dimensional standards of the C-
C zoning district in UDC Table 11-2B-3.
Subdivision Design and Improvement Standards(UDC 11-6C-3
Development of the subdivision is required to comply with the subdivision design and
improvement standards listed in UDC 11-6C-3.
Access(UDC 11-3A-3)
Access to the site exists via a private driveway/backage road that runs parallel to N.Linder Rd. j
depicted in an easement on the plat.No stub streets exist to the site and none are proposed or
required to be provided to adjacent properties. A cross-access easement agreement(Inst.#2018-
108834)exists between all lots in the subdivision that grants access over drive aisles and parking
areas per plat note#12.
Pathways(UDC 11-3A-8):
There are no pathways depicted on the Pathways Master Plan for this site. The existing DA `
(provision#5.1i)requires a pedestrian pathway connection to be provided to the church
property(Parcel#R6905150070)at the south boundary of the site;the site/landscape plan
shall be revised accordingly.
The existing DA also requires a walkway to be provided along one side of the north/south
backage driveway for safe pedestrian access and connectivity.Because a sidewalk was
constructed on the Beehive Credit Union(A-2020-0032)site to the west of the proposed
development along the west side of the driveway,Staff is not including a requirement for a
walkway to be constructed on the east side of the driveway on the subject property.
Sidewalks(UDC 11-3A-1
There are no public streets proposed within this site or that exist adjacent to the site;therefore,
sidewalks are not required.
Landscaping(UDC 11-3B1:
No streets are proposed with this application and none exist adjacent to this site;therefore,no
street buffer landscaping is required.No pathways are proposed;therefore,no pathway
landscaping is required.
A 25-foot wide buffer is required along the east boundary of Lots 7 and 8,Block 1 adjacent to
existing residential uses as set forth in UDC Table 11-2B-2;the buffer should be landscaped per
the standards listed in UDC I1-3B-9C and may be installed at the time of lot development. The
landscape plan depicts the 25-foot wide buffer planted with a mix of deciduous and evergreen
trees with a 3-foot tall berm in accord with UDC standards.
Storm Drainage:
An adequate storm drainage system is required in all developments in accord with the City's
adopted standards,specifications and ordinances.Design and construction is required to follow
Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical
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Engineering Report for the proposed subdivision that was prepared in 2018 with the original I
subdivision. Stormwater integration is required in accord with the standards listed in UDC I1-3B-
11 C.
Pressure Irrigation(UDC 11-3A-1�:
Underground pressurized irrigation water is required to be provided for each and every lot in the
subdivision as required in UDC 11-3A-15. This property lies within the boundary of Settler's
Irrigation District.
Utilities(UDC 11-3A-21):
Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. I
Waterways(UDC 11-3A-6):
The North Slough runs along the project's north boundary and has been piped in accord with
UDC 11-3A-613.A portion of the easement(i.e. 10')lies on this property as depicted on the plat.
This project is not within the flood plain.
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Fencing(UDC 11-3A-6 and 11-3A-�:
All fencing is required to comply with the standards listed in UDC 11-3A-7.Fencing exists along
the north,east and west property boundaries;no new fencing is proposed with this application.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manua!):
Conceptual building elevations were submitted for the proposed single-story commercial/office
buildings as shown in Section VII.B;these elevations may change with future applications but I
provide a general idea of the type of architecture planned.Final design must comply with the
design standards in the Architectural Standards Manual.
VI. DECISION
A. Staff:
Staff recommends approval of the requested development agreement modification with
recommended changes to the conceptual development plan as noted above in Section V.A;and
combined preliminary and final plat with the provisions noted in Section VIII,per the Findings in
Section IX.
B. The Meridian Planning&Zoning Commission heard the PP on May 19,2022.At the public
hearing the Commission moved to recommend approval of the subject PP request.
1. Summary of Commission public hearing:
a. In favor: Stephanie Hopkins KM Engineering-,Trevor Gasser Applicant
b. In opposition:None
C. Commenting:None
d. Written testimony' Stephanie Hopkins KM Engineering(response to the staff report—
not in favor of amending the concept plan as recommended by Staffl
e. Staff presenting application: Sonya Allen
£ Other Staff commenting on application:None
2. Key issue(s)of public testimon):
a. None
3. Keyissue(s)of discussion by Commission:
a. Discussion pertaining to the MDA application and the proposed design of the site in
relation to Staff s recommendation for a more centralized common open space/plaza
area to be provided and certain parking spaces to be removed Commission was
generally soportive of removal of the parkin spaces along the west boundary of the
site as recommended by Staff for safety reasons,•but was in favor of the parking
between the buildings remaining.
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4. Commission change(s)to Staff recommendation:
a. None
5. Outstanding issue(s)for City Council:
a. The applicant submitted a revised site/landscape plan after the Commission hearing that
depicts the removal of 10 parking spaces along the west boundary of the site as
recommended by Staff and the Commission. Other changes as recommended by Staff
were not included in accord with the Commission's discussion (i.e. removal of
individual outdoorplaza areas for each building and the parldng areas in between
Buildings A &B and C&D in favor of provision of plaza/ rg een spaces in these areas
with seating landscapes and shade structures).
C The Meridian City Council heard these items on July 19 2022 At the public hearing, the Council
moved to approve the subject MDA and PP requests.
1 Summary of the City Council public hearings
a. In favor; Trevor Gasser Applicant; Stephanie Hopkins KM Engineering Applicant's j
Representative
b In opposition:None
c Commenting:Kelly Carpenter:Leonard Badigian
d. Written testimony:None
e Staff presenting application: Joe Dodson.Associate Planner
f Other Staff commenting on application:None j
2 Key issue(sl of public testimony: I
a. Kelly Caroenter• Concern pertaining to screening along the east property boundary
adjacent to residential uses and headlights shining in their windows from cars in the
development—request fora solid wood fence to be installed- location of the trash
enclosure adjacent to the berm along the east side of the property adjacent to residences
-preference for it to be located at the northwest corner of the site;preference for
Buildings B &C not to be turned north/south as it would block the neighbors' view the
fence line on the adjacent residential properties being set in 3-feet from the property line
due to the location of the irrigation ditch where a berm/buffer is now proposed to be
constructed—would like to gain that 3-feet of their property back;and the slope of the
berm Proposed along the east boundary and concern pertaining to drainage onto their lot
and security concerns due to the height of the berm in relation to the fence(someone
could jump over the fence into their property).
b_ Height disparity of the land between the subject property and the existing residential lots
to the east and the choice between a berm and a fence-
c. Previous approvals related to original discussion of lots and commercial development.
3— Key issue(s)of discussion by City Council:
a Trash duster and shared plaza/open space locations:
b. Applicability of a fence or landscape berm along east boundary to help screen future
tomes;
c Definition of"flexibility"in building orientation for future development of site:
History and potential issues of shared east property line and fact existing residential
fences are not on shared property line creating a 2-3 foot area of dead space should a
fence be required by this Applicant;
d. Anticipation of proposed uses on property and availability of parking.
4 City Council change(s)to Commission recommendation:
& Cite Council required the removal of the provision requiring central plazas between the
buil in s•
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b. Council required two new DA provisions: 11 No restaurant or taproom uses shall be
allowed on either of the two eastern lots(Lots 7&8 Block 1); 21 Allow AlZ lip cant
flexibility in the future site design to allow the reduction of buildings by one(1)or
option to turn building orientation.
c Council required additional conditions of approval: 11 Remove the landscape berm
along the east boundary in lieu of a Eft solid fence and level out irrigation ditch area: 21
No dusters allowed along east boundary and place duster between buildings or f
more centralized per future Republic Service approvals
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VIL EXHIBITS
A. Existing Development Agreement Provisions,Conceptual Development Plan and Elevations
S. COMMONS+GO V'ERl+11CblG 1AMC►PWINT OF SU CT]PROMM:
5.1. Owners atfdlor Developer shall develop the Property in w oordance with the
following special conditions.
a. Future developmto ofthe subject proptttysWlbegeoemllycongisfttwithihowooepaW site
plan.,builtting elevations,and provisions contained in the Staff Report that is attached to the
Findings of pact and Conclusions of Law attached hem as txh t"W.
b. Provide suppt»tive and proportional',public and/or quasi-public spaces and places lnc u&*but
stet limited to paw,plus,out gathetiing area,open space,libraries,and schools that
compise a minitm m of S11%of the development area within the site davelopwAwt
o, him residential buildings old be proportional to and blend in with adjacent residential
builditigs.
d `I'ho tAttinj honum arul associated outbuildings shall be removed from the sitepriorto issuance
of shy building permitL
e. if acom isn't available to this site at the time of development,a temporary access will be
allowed viaN.Lluder Roadwith approval from the Ada County OghwayD3strleat.At such,time
as accen fiom the north andlor south is available.the temporary access shall be removed sad
the use discontlnue&
f The developer shall grant a essement to the pmpeyties to the north
(pared NS0425223010)and south el!#St1425233510)in accord with UDC 11-M-3 andthe
Comprehensive Plan(action Item W3.03.02N).A recorded copy oftbe easem nt agmement shall
be submitted to the Planning Division with the first certificate of Zoning Comply
applioatioa for the development
g~ f`tth=&vclopmem shall comply with tho structure god design standards listed in UDC 11-3A-
1 J and in the Ambitoctural Standards Manual(ASM).
h, A 10-foot wide.sogment of the City's multi-use pathway is required alougW.Under Road in
accord with the Pathways Master Plan. Landscaping shall be installed in accord with the
standards listed in UDC 1138-12C on either side of the pathway.
i. Provide a ptdostrim pathway connection to the church property at the south boundary of the
site,
Provide a walkway along one side of the north/south backage driveway for safe pedestrian
SOOM and connectf vity,
k, Prior to removing any of the existing trees from the site,the developerlowner shall the
City Arborist to determine taitigation requirements for any healthy trees 4"caliper and meter
that am ttartaved from the site In accord with UDC 11-38-1 OC.S.
1- The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and
Design Poview application tuna the Planning Division, prior to submittal of any building
permit apO"Oons
m, Prim°to the applioation for any developtnent on the subject site,sanitary sewer and water
vimbility will need to be reviewed. This is due to the potential timing of development of
44cwt properties and the ability or inability to create loops in the water systun and to
doWrmi to the routing of sanitary sewer.
u. Provide a pedestrian walkway arm the sidewalk along the north/south backago driveway to the
entrance ofthe burildinS proposed on the east side ofthe site(Le.the dance stwdlo/ ).
LINDER MIXED-USE DEVELOPMENT
LINDER ROAD MERIDIAN,IDAHO
OVERALL GENERAL SITE NOTES TA-
SCALE:... ........._.........r=w'-D-iHEA�[NRE(150FFI�H
ZONING{EXISTING}:................RUT
ZONING{PROPOSED):..............C-C
TOTAL AREA:.................9.0 ACRES
t COMMON OPEN SPACE REQUIRED:............10%
L C
DEVELOPER: TGI CORP.
I o.e83 acres - 74 EAST 500 SOUTH,STE.200
C-C _ BDUNTIFUL,UT B4010
801-292-50D0
LANDSCAPE: TBD
' 2.938 arres -
CIVIL: TBD
LINDER
II I 0.848acres - ♦ MIXED-USE
DEVELOPMENT
5960 N.LINDER
----- �------�- �_J ROAD
J _ MERIDIAN,IDAHO
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ARCHITECillHAL CANCEPT
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Page 11
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Commercial Buildings Fronting on Linder Road
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Event Center
Page 12
B. Proposed Conceptual Development Plan (NOT APPROVED) &Elevations to be Included in
Amended Development Agreement
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C. Existing Recorded Plat&Record of Survey
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F. Landscape Plan(date: February 2022)
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VIII. CITY/AGENCY COMMENTS&CONDITIONS
A. PLANNING DIVISION
Staff r-eeommends the Appliennt revise the eoneeptual development plan depieted in Seetioll
VILB to ineorporate the ehanges noted in Seetion A1.A and submit a eopy of the revised plan
to the Planning DiAsion at least 10 days pFior-to the City Couneff hear-ing-4 repMedJ910H
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. The Council did not
require removal of the parking between the buildings in order to provide central plazas in those
areas as recommended by Staff.
1. The existing Development Agreement(DA) (Inst.#2018-052340,H-2017-0095)for Linder
Mixed Use shall be amended as proposed by the Applicant with the changes to the conceptual
development plan r-ee.w.%,iide,l by Q required by City Council. The amended DA shall
be signed by the property owner and returned to the Planning Division within six(6)months I
of the City Council granting approval of the amendment. The amended DA shall include the
following provisions as required by Ci1y Council:
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a. No restaurant or tap room(i.e. drinking establishment)uses shall be allowed on the two
(2)eastern lots(i.e Lots 7&8 Block 1) if the 1...ildi ale the east,,...,bound;;
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the site-AFR-«„r o,l }-allpl to N,- ,line,the e(s) shall he lII• SII«Gd to pf-efe Ss2�G SRS
b. The Applicant shall have flexibility in the future site design to allow the reduction of
buildings by one(1)and/or the option to change the orientation of the buildings
2. The final plat shall include the following revisions:
a. Include the recorded instrument of the City of Meridian sewer and water easement
graphically depicted on Sheet 1.
3. The landscape plan depicted in Section VII.F is a as pproved .,4 nflitted. shall be revised as
follows:
a. Remove the berm along the eastern property boundary and depict a 25-foot wide buffer to
residential uses along the east property boundary,landscaped per the standards listed in
UDC 11-3B-9C.
b. Depict a 6-foot tall solid fence that meets HOA specifications along the eastern property
boundary and fill in the existing irrigation ditch and level it out to match the elevation at
the property line of the adjacent residential lots
c. Relocate the trash enclosure away from the eastern boundary of the site and place it in
between the buildings in the middle area as allowed by Republic Services
4. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2B-3 for the C-C zoning district.
5. With development of Lots 7 and 8,Block 1, a 25-foot wide buffer shall be provided along the
eastern boundary of those lots adjacent to residential uses as set forth in UDC Table 11-213-2,
landscaped per the standards listed in UDC 11-3B-9C.Note: This buffer is not required to be
constructed with the subdivision improvements.
6. As approved with Bountiful Commons Subdivision No. 1 tree mitigation plan,each lot shall
provide an additional 12.5 caliper inches of trees,above the minimum standards,when
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developed, These trees shall be depicted on the landscape plans submitted with the Certificate
of Zoning Compliance application for development of each lot.
7. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise
waived by City Council.
B. PUBLIC WORKS
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Site Specific Conditions of Approval
1. Sewer mains must meet minimum separation requirements from other mains;which is 10 feet
for parallel lines.
2. Sewer mains require a minimum 20-foot-wide easement whenever they're located outside of j
right-of-way.
3. Ensure no sewer services pass through infiltration trenches.
4. Ensure no permanent structures including,but not limited to trees,shrubs,buildings,carports,
trash enclosures,fences,infiltration trenches,light poles,etc. are built within any City utility
easement.
5. The applicant must ensure that fire requirements are met and no fire hydrants or fire services j
lines are required for the eastern parcels.If any hydrants are fire lines are required,then an fl-
inch diameter water main must be run to the eastern properties instead of service lines;the
services,hydrants,and fire lines will then be stubbed from that 8-inch main extension.If
main is added,a 20-foot-wide easement will be required over the main.
6. A streetlight plan will be required,and must conform with the Meridian City Standards and I
Specifications.
7. Three(3)new streetlights will be required within the right-of-way of North Linder Road,
General Conditions of Approval
8. 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 j
Specifications.
9, 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.
10. The applicant shall provide easement(s)for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via
the plat,but rather dedicated outside the plat process using the City of Meridian's standard
forms, The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement(on the form available from Public Works), a legal description
prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of
the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances
(marked EXHIBIT B)for review.Both exhibits must be sealed,signed and dated by a
Professional Land Surveyor.DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed,and approved prior to development
plan approval.
11. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C).The applicant should be required to use any existing
surface or well water for the primary source. If a surface or well source is not available,a
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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.
12. All existing structures that are required to be removed shall be prior to signature on the final
plat by the City Engineer. Any structures that are allowed to remain shall be subject to
evaluation and possible reassignment of street addressing to be in compliance with MCC.
13. All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation. !
14. 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.
15. 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.
16. Street signs are to be in place, sanitary sewer and water system shall be approved and
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activated,road base approved by the Ada County Highway District and the Final Plat for this
subdivision shall be recorded,prior to applying for building permits. !
17. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing,landscaping,amenities,etc.,prior to signature on the final plat.
18. All improvements related to public life,safety and health shall be completed prior to
occupancy of the structures.Where approved by the City Engineer,an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11-5C-3B.
19. Applicant shall be required to pay Public Works development plan review,and construction
inspection fees,as determined during the plan review process,prior to the issuance of a plan
approval letter.
20. 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.
21. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
22. Developer shall coordinate mailbox locations with the Meridian Post Office.
23. 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.
24. The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
25. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD.The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
26. 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.
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27. 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.meridiancity.oWl ublic worlts aspx?id=272.
28. The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost I
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.
29, 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.
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C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
hops://weblink.meridiancity.org/WebLink/DocView aspx?id=259544&dbid=0&repo=MeridianC i
is
D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) !
https://weblinkmeridiancity org/WebLink/DocView aspx?id=259179&dbid=0&repo=MeridianC
ity
E. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancitLorg/WebLink/Doc View.aspa:?id=260310&dbid=0&repo=MeridianC
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IX. FINDINGS
A. Combined Preliminary and Final Plat:
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the
decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive
Plan Policies in, Section IV of this report for more information)
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The City Council finds that public services will be provided to the subject property with
development. (See Exhibit B of the Staff Report for more details from public service providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement fitnds.
4. There is public financial capability of supporting services for the proposed development;
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The City Council finds there is public financial capability of supporting services for the
proposed development based upon comments from the public service providers (i.e., Police,
Fire,ACHD, etc). (See Section VIII for more information.)
5. The development will not be detrimental to the public health,safety or general welfare; and,
The City Council is not aware of any health, safety, or environmental problems associated
with the platting of this property. ACHD considers road safety issues in their analysis.
6. The development preserves significant natural, scenic or historic features. I
The City Council is unaware of any significant natural, scenic or historic features that exist
on this site that require preserving.
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