CC - Findings (2016) I
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CITY OF MERIDIAN `'
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION&ORDER
In the Matter of the Request for a Modification to the Development Agreement(Instrument
#109134178)for Meridian Property Group; and Annexation and Zoning of 0.63 Acres of Land with
a C-G Zoning District for Meridian Property Group,by Kevin Amar.
Case No(s). H-2016-0004
For the City Council Hearing Date of. May 3,2016(Findings on May 17,2016)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 3,2016,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 3,2016,incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of May 3,2016,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 3,2016,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 at
Title 11 Meridian City Code, and all current zoning maps thereof.The City of Meridian has,by
ordinance,established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian,which was adopted April 19,2011,Resolution No. 11-784 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.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).H-2016-0004 -1-
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7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 3,2016,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§ I 1-5A 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 for Meridian Property
Group is hereby approved per the conditions of approval in the Staff Report for the hearing date
of May 3,2016,attached as Exhibit A.
2. 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 May 3,2016,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two(2)years of the City Council granting annexation and/or rezone(UDC 11-5B-3D).
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 two(2)year approval period
(UDC 11-513-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing,and must be filed with the City Clerk not more than twenty-eight(28)days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code§ 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67,Idaho Code.
F. Attached: Staff Report for the hearing date of May 3,2016
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).H-2016-0004 -2-
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By action of the City Council at its regular meeting held on the day of �j ,
2flA5: \
COUNCIL PRESIDENT KITH BIRD VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED .-
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta de Weerd
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Attest: 19ow
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City Clerk 6q°�the TREAEMa�A
Copy served upon Applicant,The Planning Division,Public Works Department and City Attorney.
B Dated: � U140--r�
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City Cle k e
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).H-2016-0004 -3-
EXHIBIT A
STAFF REPORT
Hearing Date: April 19, 2016 V IDI�4
(Continued to May 3''d 2016)
TO: Mayor and City Council
FROM: Josh Beach,Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: H-2016-0004 (AZ and MDA)—Meridian Property Group
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant,Eddy Christensen,has applied for annexation and zoning(AZ) of 0.63 acres of land
from the RIM zoning district(Ada County)to the C-G zoning district and a modification to an
existing development agreement, for Meridian Property Group. See Section IX of the staff report for
more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the AZ and MDA with the conditions of approval in Exhibit B in
accord with the Findings of Fact and Conclusions of Law in Exhibit E.
The Meridian Planning&Zoning Commission heard these items on March 17,2016.At the
public hearing,the Commission moved to recommend approval of the subject Annexation and
Zoning requests.
a Summary of Commission Public Hearing:
L In favor: Kevin Amar (Applicant)
iL In opposition: None
11 Commenting: None
i-f. Written testimony: None
y- Staff presenting application: Josh Beach
Y-L Other staff commenting on application: Bill Parsons
Key issue(s) of Public Testimony:
L_ None
_,. Key Issues of Discussion by Commission:
L Width of the landscape buffer adjacent to Touchstone Place Apartments
ii. Location of the driveway along Fairview Ave.
d= Commission Change(s) to Staff Recommendation:
i. None
_e� Outstanding Issues)for City Council:
i. None
The Meridian City Council heard these items on May 3,2016,At the public hearing.the
Council approved the subject AZ and MDA reauests.
a Summary of City Council Public Hearing:
L In favor: Kevin Amar(Applicant)
ii. In opposition: None
W. Commenting: None
Meridian Property Group-H-2016-0004 PAGE 1
EXHIBIT A
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b, Key issue(s) of Public Testimony:
L None
c, Key Issues of Discussion by Council:
L None
d� Key Council Changes to Commission Recommendation
i None
III.PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-
0004, as presented in the staff report for the hearing date of May 3,2016,with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0004,
as presented during the hearing on May 3, 2016, for the following reasons: (You should state specific
reasons for denial)
Continuance
I move to continue File Number H-2016-0004 to the hearing date of(insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 1065 and 1139 E. Fairview Avenue in the NE 1/4 of Section 07, Township
3N.,Range IE.
B. Owner/Applicant(s):
Eddy Christensen
10221 E. Fairview Ave.
Boise,Idaho 83704
C. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and a development agreement modification.
A public hearing is required before the Planning&Zoning Commission and City Council on this
matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: February 29, and March 14,2016(Commission);March
28, and April 11, 2016 (City Council)
C. Notices mailed to property owners within 300 feet on: February 24,2016(Commission); March
24,2016(City Council)
D. Applicant posted notice on site(s) on: March 7,2016 (Commission); April 21,2016 (City
Council
VI. LAND USE
Meridian Property Group-H-2016-0004 PAGE 2
EXHIBIT A
A. Existing Land Use(s) and Zoning: This subject property consists of several single family
structures and a detached garage, zoned C-G and R1M(Ada County).
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Commercial Properties,zoned C-G
2. East: Touchstone Place Apartments shared driveway and an animal care facility,zoned R-15
and C-G
3. South: Touchstone Place Apartments,zoned R-15
4. West: Commercial business, zoned C2 in Ada County.
C. History of Previous Actions:
In 2001, a portion of the subject property(1065 E. Fairview Ave.)was annexed and zoned
C-G with plans to develop the property with a medical office.A development agreement was
required as a provision of annexation however; the applicant at the time never initiated a DA.
In 2008, a certificate of zoning compliance(CZC-08-010)was denied by the Director. The
applicant filed a City Council Review application(AP-08-005)in which Council required the
execution of a recorded development agreement prior to any CZC approval. The DA recorded
as Instrument#109134178.
In 2010, a certificate of zoning compliance(CZC-10-017)was approved to develop the
existing C-G zoned portion of the site with a vehicle sales facility.
D. Utilities:
1. Public Works:
a. Location of sewer: A sanitary sewer main intended to provide service to the subject
parcel currently exists along the south boundary from the adjacent Touchstone Place
Subdivision.
b. Location of water: A water main intended to provide service to the subject parcel
currently exists along the south boundary from the adjacent Touchstone Place
Subdivision, and along the north and east boundaries in E. Fairview Avenue and in the
private driveway to the Touchstone Place Subdivision.
c. Issues or concerns:None
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities transverse the subject properties.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within a floodplain or floodway.
Meridian Property Group-H-2016-0004 PAGE 3
EXHIBIT A
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated"Commercial"on the Comprehensive Plan Future Land Use Map. The
purpose of this designation is to provide a full range of commercial and retail to serve area residents
and visitors. Uses may include retail,wholesale, service and office uses, multi-family residential, as
well as appropriate public uses such as government offices. Within this land use category, specific
zones may be created to focus commercial activities unique to their locations. These zones may
include neighborhood commercial uses focusing on specialized service for residential areas adjacent
to that zone.
The applicant proposes to annex a portion of the site (1039 E. Fairview Ave. parcel) with a C-G
zoning district consistent with abutting property (1065 E. Fairview Ave. parcel) owned by the
applicant. The C-G zoning district would allow the applicant to construct a vehicle sales facility as
depicted on the proposed concept plan. The future use of the property is a principally permitted use in
the C-G zone. Except for the residential use along the south and east boundary,the subject property is
primarily surrounded by commercial development, zoned C-G. If the applicant provides a sufficient
enough buffer along the southern boundary of the development and operates within the proposed
hours of operation, staff finds the requested zoning district is consistent with the Commercial FLUM
designation.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property(staff analysis in italics):
"Require all commercial and industrial businesses to install and maintain landscaping."
(2.01.03B)
The applicant is required to provide street buffer landscaping along E. Fairview Ave, along
the drive aisle for the Touchstone Place Apartments(already constructed with the Touchstone
Apartments), internal parking lot landscaping, and the buffers to the adjoining residential use
in accord with the specific use standards set forth in UDC 11-4-3-38 and the standards set
forth in UDC 11-3B.
"Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01F)
Staff believes the proposed vehicle sales facility is a compatible use adjacent to residential
uses with the installation of the required landscape buffer adjacent to the multi family
residential use to the east and south, and with appropriate design of the site. The applicant is
seeking a Council waiver to reduce the landscape buffer width from 25 feet to 5 feet. Staff
believes the applicant should at least construct a 10 foot wide landscape buffer to mitigate
the adverse effects on the residential development. The combination of the 10 foot buffer on
the applicant's property, the 14 foot setback required with the multi-Jam ily development and
the existing 6-foot tall cedar fence meets the intent of the landscape ordinance.
"Require screening and buffering of commercial and industrial properties to residential use
with transitional zoning."(3.06.01E)
Although transitional zoning is not proposed, a 6-foot tall cedar fence exists along the south
property boundary. The UDC(Table 11-2B-3) requires a 25 foot wide buffer adjacent to
residential uses; however, the applicant has indicated their desire to seek approval from
Council to reduce the landscape buffer from 25 feet to 5 feet. As noted above the applicant
should provide a minimum of a 10 foot wide landscape buffer along the south boundary of
the proposed development in accord with the standards set forth in UDC 11-3B-9C.
"Minimize noise, odor, air pollution, and visual pollution in industrial and commercial
Meridian Property Group-H-2016-0004 PAGE 4
EXHIBIT A
development adjacent to residential uses."(3.06.0113)
Staff believes any visual pollution created from the vehicle sales facility should be minimized
by the perimeter fencing if the applicant complies with the specific use standards listed in
UDC 11-4-3-38 and constructs a 10 foot wide landscape buffer along the southern boundary.
Further, the applicant is in the process of acquiring Lot 22, Block I of Touchmark Place
Subdivision. This parcel is landscaped and provides a vehicular access to the 1039 E.
Fairview Ave.property as shown on the proposed concept plan.
"Reduce the number of existing access points onto arterial streets by using methods such as
cross-access agreements, access management, and frontage/backage roads."(3.03.02N)
The submitted concept plan depicts and access to Fairview Ave. the applicant is proposing
the access so the property to the County property to west can share access once that property
requests annexation. Staff recommends that the applicant grant cross access to the property
located at 1035 E. Fairview(Parcel#51107120677), as well as access to the drive aisle
located to the east constructed with the Touchstone Place Subdivision. ACHD has
communicated with City staff that they may approve the proposed access point onto E.
Fairview Avenue, due to its proximity to an existing access for 1035 E. Fairview Avenue.
Access to Fairview Ave. is predicated on approval from ACHD and City Council.
"Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection."(3.04.02A)
There is adequate water supply and pressure available to the site for fire protection.
"Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.0117)
Stafffeels that the proposed commercial development is compatible with existing multi family
residential use to the south if a 10 foot landscape buffer is installed along the south property
line of the proposed commercial development, the development operates within the
designated hours of operation and outdoor lighting is not impacting the adjacent residents.
The existing spacing from the apartment buildings at Touchstone to their northern property
line is approximately 15 feet. The reduction of the buffer requirement from 25 feet to 10 feet
on the commercial property would create an overall 25 foot wide landscape buffer that would
meet the intent of the UDC requirement.
In accord with the above policies and for the above-stated reasons, staff believes the proposed use is
appropriate in this location.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six
districts are designated which differ in the size and scale of commercial structures accommodated
in the district,the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.Allowed uses in the C-G district are of the largest scale and
broadest mix of retail,office, service, and light industrial uses of the commercial districts with
access to arterial or collector streets.
B. Schedule of Use: Unified Development Code(UDC) 11-2B-2 lists the permitted, accessory,
conditional, and prohibited uses in the C-G zoning district. The proposed vehicle sales facility is
listed as a principally permitted use in the C-G district, subject to the specific use standards set
forth in UDC 11-4-3-38.
Meridian Property Group-H-2016-0004 PAGE 5
EXHIBIT A
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G
zoning district apply to development of this site.
D. Landscaping: Landscaping is required to be installed on the site in accord with the parking lot
standards listed in UDC 11-3B-8C, street buffer standards listed in UDC 11-3B-7C, landscape
buffers to adjoining uses listed in UDC 11-3B-9C and the specific use standards set forth in
UDC 11-4-3-38.
E. Off-Street Parking: UDC 11-3C-613 requires 1 space for every 500 square feet of gross floor area.
F. Structure and Site Design Standards: Development of this site must comply with the design
standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards
Manual.
IX.ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Annexation and Zoning: The applicant has applied to annex and zone a total of 0.63 acres of
land with a C-G zoning district. As discussed above in Section VII,the proposed zoning is
generally consistent with the corresponding FLUM designation of Commercial.
The applicant proposes to develop a vehicle sales facility on the site, as shown in Exhibit A.2.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-651IA. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the conditions included in
Exhibit B.
Development Agreement Modification: The applicant requests to terminate the existing
recorded development agreement(Instrument# 109134178), and include both parcel's into a
new development agreement as shown in Exhibit D. Staff recommends a new DA for the
following reasons:
1. The ownership of the properties has changed since the original DA was recorded.
2. The applicant is proposing to replace the approved concept plan with a new concept plan.
3. Several of the conditions of the existing development agreement no longer apply to the
property.
In order to accommodate the changes that need to be made, staff believes that the termination of
an existing development agreement and the creation of a new DA including both parcels would
be the best option.
Vehicle Sales or Rentals: The specific use standards for the car dealership listed in UDC 11-4-3-
34 apply to development of this site as follows:
A. Vehicle repair may be allowed as an accessory use, subject to the standards for vehicle repair,
major and minor,in the district where the use is located.
This type of use is permitted as an accessory use in the C-G zoning district.
B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence,wall, or
screen or within an enclosed structure and shall not be visible from any street.
Meridian Property Group-H-2016-0004 PAGE 6
EXHIBIT A
The applicant shall comply with this requirement.
C. Automotive sales and rental areas shall be subject to the minimum perimeter landscape
requirement of parking areas in chapter 3, article B, "Landscaping Requirements",of this title.
The applicant shall comply with this requirement.
D. In addition to chapter 3, article B, "Landscaping Requirements",of this title, one square foot
of landscaping for every fifty(50) square feet of vehicle display area shall be provided.
The applicant shall comply with this requirement.
E. Vehicle display pads are prohibited in the required landscape buffers.
The applicant shall comply with this requirement.
F.Vehicle display areas shall incorporate design features including,but not limited to,landscape
islands,curbing, and pedestrian walkways,that define main drive aisles and internal circulation
patterns. (Ord. 14-1592, 1-21-2014)
The applicant shall comply with this requirement.
Concept Plan: A concept plan was submitted, included in Exhibit A.2 that depicts the proposed
vehicle sales facility. The proposed concept plan includes the following:
1) approximately a 20,000 square foot building,
2)vehicle display area,
3) associated site and landscape improvements and
4)two(2) accesses to the property.
Landscaping: A 25-foot wide street buffer is required along E. Fairview Avenue. A 25 foot
landscape buffer is also required adjacent to the residential uses to the south and against the drive
aisle to the east. All landscape buffers are required to be landscaped in accordance with UDC 11-
313-7C and UDC 11-313-9C. Parking lot landscaping is required to comply with the standards set
forth in UDC 11-313-8C.
The applicant requests Council waiver to reduce the landscape buffer along the southern border of
the proposed development due to the recent completion of Touchstone Place Apartments project
which abuts the subject property on the south and west boundary. The UDC requires a 25 foot
landscape buffer when commercial developments abut residential uses. However, with the
development of the Touchstone Place Apartments, the applicant for the project constructed open
space, constructed a 6-foot tall solid wood fence and provided increased building setback along
the shared boundary in anticipation of the proposed commercial development. Further, a
landscape buffer is currently constructed along the east boundary. In discussions with staff, the
applicant has indicated their desire to purchase Lot 22, Block 1 of the Touchstone Place
Subdivision and use this property as the required landscape buffer along the existing drive aisle
for Touchstone Place.
Therefore,the applicant is requesting to reduce the buffer width from 25-feet to 5-feet.
Staff is of the opinion that the applicant should construct a minimum of a 10-foot landscape
buffer along the south boundary so there is adequate separation between the multi-family
development and the proposed commercial use.
With the addition of 10 feet of landscaping with the proposed development (totaling
approximately 25 feet of landscaping), staff is of the opinion that the combination of the two
landscape buffers will meet the intent of the UDC. With the submittal of the CZC and DES
Meridian Property Group-H-2016-0004 PAGE 7
EXHIBIT A
application, the applicant should provide a recorded deed that shows the applicant owns Lot 22,
Block 1of Touchstone Place Subdivision and the site plan should include the lot in the overall site
design of the property.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed.
Access: The property currently takes access from two existing access points onto E. Fairview
Ave.
With development of the property,the applicant proposes to utilize the existing cross access
driveway to the east constructed with the Touchstone Place Apartments, as well as, an access
from 1065 E. Fairview, and to close the current access from 1139 E. Fairview. The applicant also
proposes to provide cross access to 1035 E. Fairview Ave property to the west.
ACHD may not be supportive of the proposed Fairview access due to its proximity to the
current access being used by 1035 E.Fairview Ave.At the time of this staff report, staff had
not yet received official comments from ACHD regarding the location of the access onto E.
Fairview Avenue.
Hours of Operation: The proposed business will be subject to UDC 11-2B-3,which restricts the
hours of operation for businesses in the C-G zoning district that abut residential uses or districts.
Parking: Per UDC 11-3C-6B, in commercial districts, one off-street parking space is required
per 500 square feet of gross floor area.The applicant has proposed 10 parking stalls on site,and
staff will review the site plan further with the CZC application to ensure compliance with the
UDC.Additionally,per UDC 11-3C-6G, one bicycle parking space is required to be provided for
every 25 vehicle spaces proposed on the site,in compliance with the standards listed in UDC 11-
3C-5C.
Sidewalk: A minimum 5-foot wide detached sidewalk is required adjacent to E. Fairview Ave. in
accord with UDC 11-3A-17C.
Building Elevations: Conceptual building elevations for the future building were submitted by
the applicant and included in Exhibit A.3. Building materials depicted on the plans for the
building include brick, stucco and a glass storefront. Staff supports the applicant's proposal to
orient the garage doors away from major arterial, E. Fairview Ave. The future building on this
site shall generally comply with the submitted elevations, including but not limited to, the design
standards set forth in City of Meridian Architectural Standards Manual(ASM).
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is
required to be submitted prior to issuance of building permits. The applicant is required to obtain
approval of a design review application for the proposed structures and site design for the car
dealership. This application may be submitted concurrently with the CZC application. The
applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines
contained in the Architectural Standards Manual(ASM).
Staff recommends approval of the proposed AZ and MDA with the provision of the development
included in Exhibit B.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Concept Plan(dated: 12/18/15)
3. Building Elevations
Meridian Property Group-H-2016-0004 PAGE 8
EXHIBIT A
B. Agency&Department Conditions of Approval
C. Legal Description&Exhibit Map for Property to be Annexed
D. Legal Description&Exhibit Map for the Property to be included in the New Development
Agreement
E. Required Findings from Unified Development Code
Meridian Property Group-H-2016-0004 PAGE 9
EXHIBIT A
EXHIBIT A. Drawings/Other
1. Vicinity Map
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Meridian Property Group-H-2016-0004 PAGE 7
EXHIBIT A
2. Proposed Concept Plan(dated: 12/18/15)
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Meridian Property Group-H-2016-0004 PAGE 8
EXHIBIT A
3. Building Elevations
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Meridian Property Group-H-2016-0004 PAGE 9
EXHIBIT A
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Meridian Property Group-H-2016-0004 PAGE 10
EXHIBIT A
EXHIBIT B -AGENCY&DEPARTMENT CONDITIONS OF APPROVAL
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A new Development Agreement(DA) is required as a provision of annexation and zoning of this
property. Prior to annexation ordinance approval,a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of ordinance adoption, and the developer.
Currently, a fee of$303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting annexation, approved by
City Council and recorded. The DA shall,at minimum, incorporate the following provisions:
a. Future development of the site shall be consistent with the design standards listed in UDC
11-3A-19 and the guidelines in the Architectural Standards Manual.
b. Development of this property shall generally comply with the concept plan included in
Exhibit A.2 and the building elevations included in Exhibit A.3.
c. A minimum 25-foot wide street buffer shall be constructed along the entire frontage of
the site along E. Fairview Ave in accord with UDC 11-3B-7C. Construct a minimum of a
25-foot wide landscape buffer abutting the residential property to the south,unless
modified by City Council, in accord with UDC 11-3B-9C.
d. The use of this property shall be restricted to the vehicle sales in accord with the specific
use standards set forth in UDC 11-4-3-38.
e. Future development of this site is no longer subject to recorded DA Instrument
#109134178.
f. The applicant shall provide cross-access to 1035 E. Fairview Avenue(parcel#
S 1107120677); the cross-access agreement shall be recorded prior to submitting an
application for Certificate of Zoning Compliance and Design Review.
g. Prior to CZC approval,the applicant shall demonstrate ownership of Lot 22,Block 1 of
Touchstone Place Subdivision; and should include the lot in the overall site design of
the property unless modified by City Council,in accord with UDC 11-3B-9C.
h. Future development of the site shall comply with the ordinances in effect at the time of
development.
i. The applicant shall obtain approval from ACHD and City Council for the right-in/right-
out access via E. Fairview Ave.
1.2 General Conditions of Approval
1.2.1 A Certificate of Zoning Compliance and Design Review application is required to be submitted
and approved for the proposed structures and site design prior to issuance of building permits.
These applications should be submitted concurrently. The applicant must comply with the design
standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual or
any updated versions thereof.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals,canals and/or drainage courses,as set
forth in UDC 11-3A-6.
Meridian Property Group-H-2016-0004 PAGE 11
EXHIBIT A
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15,UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11 C.
1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3135
and 11-313-7C.
1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.11 The proposed vehicle sales facility is subject to UDC 11-213-3,which limits the hours of
operation from 6 AM to 11 PM for business within the C-G zoning district when their property
abuts a residential use or district.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5,UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.3 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.3.5 The project is subject to all current City of Meridian ordinances.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application.Prior to installing any signs on the property,the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-313. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
1.4.3 Upon installation of the landscaping and prior to inspection by Planning Department staff,the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
Meridian Property Group-H-2016-0004 PAGE 12
EXHIBIT A
2.1.1 Applicant shall be required to extend sanitary sewer to parcel adjacent to the northwest corner of
the subject site per MCC 9-4-15(B). In this particular case it may be possible that said service
can be accomplished via a service line extension instead of a main line. Applicant shall
coordinate with that adjacent property owner on the needs. If it is determined that a service line
would suffice, applicant shall create an easement for the benefit of the adjacent property for said
service line.
2.1.2 Applicant shall be required to loop the existing water main stubbed into the south side of this site,
to the existing main along the south side of E. Fairview Ave.
2.1.2 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.org_/public�works.aspx?id=272.
2.2 General Conditions of Approval
2.2.1 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.
2.2.2 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.
2.2.3 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 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 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. Add a note to the plat referencing this document. All easements must be
submitted,reviewed, and approved prior to development plan approval.
2.2.4 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.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled 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.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
Meridian Property Group-H-2016-0004 PAGE 13
EXHIBIT A
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at(208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed,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.
2.2.10 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.
2.2.11 All development improvements, including but not limited to sewer and water, fencing,micro-
paths,pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 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.
2.2.13 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.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 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.
2.2.18 The 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.
2.2.19 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.
2.2.20 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.
2.2.21 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 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.
Meridian Property Group-H-2016-0004 PAGE 14
EXHIBIT A
2.2.22 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 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department did not provide comments on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department did not provide comments on this application.
5. REPUBLIC SERVICES
5.1 Republic Services did not provide comments on this application.
6. PARKS DEPARTMENT
6.1 The Parks Department did not provide comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Comments from ACHD will be submitted once the review is complete.
Meridian Property Group-H-2016-0004 PAGE 15
EXHIBIT A
EXHIBIT C. Legal Description& Exhibit Map for Property to be Annexed
zlrrYndtadBoumfcrrtea,Ina dba ALS
PLR. LANr) S'uKwYING &PLANNING
11e3 W.lkin St,
1hL Middletou,Naha 93644
2OW93-3858
DESCRIPTION FOR
INSTANT EQUITY-PROPERTIFfi
PARCEL,I
1139 E FAIRVIIEW AVE
PARCEL T]i1141BER 51.107121)620
That portion of that Parcel of Land as shown an that Record+cf S-urvey No.7426,
recorded under Instrument No. 106093763,Ada County Records,also being a,portion of
the Northwest Quarter(NWl/4)of the NorUmst(quarter(NE114)of Section 7,Township
3 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,being snore
particularly described as follows;
Con-unencing at the Northeast corner of said NW 04 of the NE114,from which the north
quarter corner of said Seetion 7 bears along the north line of said Section 7,North
89`'28'06"Vilest,1320,52 feet;Thence,along said north line,North 89'28'06"WM
85.00 feet; Thence,departing from said north line,South 001130'53"West,30.71 feet to
the South right of way line of Fairview Avenue and the]POINT OF$EOI VNINC;
Thence,departing from said south right of way line and along the east Bute of said Parcel
of Land as shown on said Record of Sunny,South 00030'33"West,219.29 feet to the
northerly line of Touchstonc Place Subdivision recorded in Book 107 of Plats at Pages
14842 through 14844,Arta County Records;
Thence,along said northerly line,North 89428'06"West,123.71 feet;
Thence,continuing along said northerly line,l,orth 00'30'53"East,41.29 feet;
Thcncc,departing froth said northerly line,North 00'30'53"East,177.28 feet to said
south right of way line;
Thence,along said south right of way line along a cun'e to the right 123.71 feet said
curve having a central angle of 00°07'26",a radius of 57,245.80 feel,and a long chord
which begs South 89°4WOW'Pasta distance of 123.71 feet to the POINT OF
BEGINNING,containing 0.62 acres uT 27,094 square feet,more or less.
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Meridian Property Group-H-2016-0004 PAGE 16
EXHIBIT A
PRE„
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Meridian Property Group-H-2016-0004 PAGE 17
EXHIBIT A
EXHIBIT A Legal Description&Exhibit Map for Property to be included in the Development Agreement
Usrlf xltad.609a44rim lam dba ATS
LAN,) SupvEynir.. & PrAl t;
11 O�W.Main 5t.
lariadlatv®,rdsho 83644
20"85-sass
DESCRIPTION FOR
INSTANT EQUITY PROPERTIES
PARCEL I
1139 E FAIRVIEWAVE
PARCEL NUMBF1k 91107120620
That Portion of that Parcel of Land as shown on that R—ecard of Survey No, 7426,
recorded under Irtstrwnent No. 106095763,Ada County Records, also being a portion of
the Northwest Quarter(NWll4)of the Nortb:wt Quarter(NF-114)of Section 7, Township
3 North;,Range 1 Fast,Boise Meridian,City of Meridian,Ada County,Idaho.bring more
Particularly described as foffows,
Commencing at the Northeast corner of said NWV4 of the NE114,from which the north
quarter comer of said Section 7 bears along the north line of said Section 7,N(rth
89P28106"West, 1320.52 feet;Thence, along said north line,North 89"28'06"N4 Tcst,
85.00 feet; Thence,departing from said north lone,South 001130'53"West,30..71 feet to
the south nght bf w&y line of Fairview Avenue and the POINT OF$EOYNNINC;
Thence,deparring from said south right of way line and along the east line of said Parcel
of Land as shown on said Record of SrarvaY,South 00030'53"West,219.29 feet to the
northerly line of Touchstone Place Subdivisivii recorded in Book 107 of Flats at Pages
14842 through 14844,Ada County Records,
Thence,along said northerly line,North 89°28'0456 West,:123.71 feet;
Thence, continuing along said northerly line,North 00030'53"East,41,29 feet,
Thence,departing from said northerly line,North 00®30'53"East, 177.28 feet to said
south right of way liner
Thence,along said south right of way line along a curve to the right 123.71 feet said
cwsve having a ceniral angle of DD°07'26",a radius of 57,245,80 feet,and a long chord
which bears South 99048'06"Fist a distance of 123,71 feet to the poINT OF
BEGINNING,containing 0.62 acres uT 27,094 square feet,more or less.
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Meridian Property Group-H-2016-0004 PAGE 18
EXHIBIT A
UnUffited Bound rf"Ina AIDS
L,AIwID SuRvBynqci & PIANNwe
24 Iq
ihLLs 1103 W Mgt Sit-
Mid+newu,Idaho$3644
208-5W5858
DESCRNTION FOR
INSTANT EQUITY PR.OPIERTMS
PARCEL2
1065 E FAIRVIEW AVE
PARCEL NUiYI11ER 81107120650
fiat pDrtion of that Parcel of Land as shown on that RwOrd of Survey No,,74:26,
record04 under lrnstrumeat No. 106095763,Ada County Re=ords, also bei a portion of
the Nm th wesk Quarter(NW 1/4)of the Northeast Quarter( ,114)of S ection 7,Township
3 North,Mange 1 Bast,Dni$4 Meridian, City of Meridiem Aida County,Idaho,being more
particularly desoribed as follows:
Commencing at the Northeast corner of the W 1/4 of the NE 1/4,from which the north
quarter comer of said Section 7 bears along the north line of said Section 7,North
89°28'06"West, 1320.52 feet;Thence,along said north line,Worth 89i°228'06"irVM
208.73 feet;Thence,departing from said north line, South 00 0'S3"West, 31.43 feet to
the south fight 6f way line of Fairvirw Avenue and the POTNT OF BEGINI ENE;
Thence,departing from said south right of way lime, South 00r30153"West, 177.28 feet
to the northerly line of Touchstone Place Subdivision recorded in Book 107 of Plats at
Pages 14842 through 14844,Ada County F.wards;
Thence,along said northerly fine,1~North 89°28'06"West, 194,03 feet to the cast line of
that certain Quitchhn Teed.to Larry Johuson recorded under Imtrarnent No.2015-
096074,Ada.County Rdec rd:sa
Thence,along said east lire,North 00°34'48"East, 175.61 feet,which is also along the
east line Df the west 918.00 feet of"the Northwest Q xter of the Northeast Quarter,which
is shown on said record of sway,to said south right of way Line;
Thence,along said south right of way line along a curve to the right 193.84 fwt said
CwTe having a.radius of 57,245.30 feet,a central angle of °11'38"and a long chord
which bem South 89'57'40"East a distance of 193.84 fret to the POINT OF
BEGINNING,containing 0.79 acres or 34,219 Mum feet,more or less.
L
Meridian Property Group-H-2016-0004 PAGE 19
EXHIBIT A
PA
Properties to be included in the
Development Agreement.
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Meridian Property Group-H-2016-0004 PAGE20
EXHIBIT A
EXHIBIT E. Required Findings from Unified Development Code
1. ANNEXATION:
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:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
Council finds the proposed annexation of 0.63 of acre of land with a C-G zoning district is
consistent with the Commercial future land use designation for this site.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds that the proposed C-G zoning district and proposed commercial use of the
property is consistent with the purpose statement of the commercial districts in that it will
provide for the residential needs of the community in accord with the Comprehensive Plan.
c. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including,but not
limited to, school districts; and,
Council finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City(UDC 11-5B-3.E).
Council feels that this annexation is in the best interest of the city, as the property will be able
to develop with commercial uses consistent with the vision of the Comprehensive Plan.
Further, annexation of this property will allow utilization of available City services and a
reduction of enclave areas in the City.
Meridian Property Group-H-2016-0004 PAGE 21