Z - DA ADA COUNTY RECORDER Trent Tripple 2023-033831
BOISE IDAHO Pgs=42 BONNIE OBERBILLIG 06/14/2023 08:04 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. GFI—Meridian Investments, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 13th day of
June , 2023, by and between City of Meridian, a municipal corporation of the State of Idaho,
hereafter called"CITY,"whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and GFI—
Meridian Investments, LLC, a Utah limited liability company, whose address is 74 E 500 S, Ste. 200,
Bountiful, Utah, hereinafter called"OWNER/DEVELOPER."
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 2700 N.
Eagle Rd., 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 lA 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 originally recorded in Ada County on December
20, 2017 as Instrument 92017-121321 (and subsequently re-recorded on July 21,
2022 as Instrument No. 2022-065403 to correct scrivener errors and document
completeness), 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-SESSIONS PARKWAY(H-2022-0046) Page( 1
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 17t'of January, 2023, the Meridian City Council approved
certain Findings of Fact and Conclusions of Law and Decision and Order
("Findings"), which have been incorporated into this Agreement and attached as
Exhibit"B;" and
1.8 WHEREAS, 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
1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject to the
terms of the existing Development Agreement(Inst. 92017-121321 and
subsequently re-recorded as Instrument 92022-065403) and shall be bound by the
terms contained herein in this new agreement; and
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:
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.
DEVELOPMENT AGREEMENT-SESSIONS PARKWAY(H-2022-0046) Page 12
3.2 OWNER/DEVELOPER: means and refers to GFI—Meridian Investments,
LLC, whose address is 74 E 500 S, Ste. 200, Bountiful, Utah 84010, the parry 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
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 92017-121321 and subsequently re-recorded as Instrument 92022-
065403, 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.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to
develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed 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.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 The subject property shall no longer be subject to the terms of the Development
Agreement (DA) (Inst. 92022-065403, MDA-15-012) for Village Apartments and
shall instead be subject to a new agreement. The new DA shall be signed by the
property owner and returned to the Planning Division within six (6)months of the
City Council granting approval of the amendment. The specific provisions for the
new DA are as follows:
a. Development of this site shall be generally consistent with the conceptual
development plans approved by City Council and the conditions of approval
included in Section VIILA and include the following:
i. Specific details for the integrated plaza/open areas shall be provided
with the first certificate of zoning compliance. The applicant can
relocate open space/plaza areas depicted on the plan with director
approval once specific tenants are known.
ii. On concept plan option 1, some or all of the buildings along the eastern
boundary may be rotated and/or relocated and a shared plaza area/green
space added to a more central location within the development for better
integration, including a central pathway connection to the open space
and front pad sites.
iii. If the site develops consistent with concept plan option 2, the applicant
shall construct a 5-foot sidewalk on the east boundary and provide a
decorative crosswalk across the drive aisle of the multi-family portion
of the development(SWC of the Village Apartments)to enhance
pedestrian connectivity.
DEVELOPMENT AGREEMENT-SESSIONS PARKWAY(H-2022-0046) Page 13
b. The subject property shall be subdivided prior to submittal of the first
Certificate of Zoning Compliance application for the site.
c. A 25-foot wide buffer shall be installed along the eastern boundary of the site
adjacent to the future residential uses, landscaped per the standards listed in
UDC 11-3B-9C, unless otherwise modified by City Council. Construction of
the buffer may take place with lot development.
d. Pedestrian connections shall be provided between the subject property and the
future residential development to the east, the commercial properties to the
north and south and to the multi-use pathway along N. Eagle Rd./SH-55 in
accord with the approved pedestrian plans. Pedestrian walkways should be
distinguished from the vehicular driving surfaces through the use of pavers,
colored or scored concrete, or bricks in accord with UDC 11-3A-19B.4.
e. Traffic calming shall be provided within the site between the subject property
and the residential development to the east.
f. Provide trash enclosures within the development capable of housing containers
for both solid waste and recyclable materials in accord with MCC 4-1-4.
g. City Council approved the request for a right-in/right-out access via N. Eagle
Rd./SH-55 contingent upon final approval from ITD in accord with UDC 11-
3H-3.
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. hi the event of Owner/Developer's default of this
agreement, Owner/Developer shall have thirty(30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and cure
the default, which 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.
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
DEVELOPMENT AGREEMENT-SESSIONS PARKWAY(H-2022-0046) Page 14
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
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 an party hereto shall be brought within Ada
County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the
reasonable control of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of such delay.
7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more
of the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or
the entirety of said development of the Property as required by this Agreement or by City ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written approval of
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.
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
required by the City.
11. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the
improvements have not been installed, completed, and accepted by the City, or sufficient surety of
performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above.
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.
DEVELOPMENT AGREEMENT-SESSIONS PARKWAY(H-2022-0046) Page 15
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:
GFI—Meridian Investments, LLC
74 E 500 S, Ste. 200
Bountiful, Utah 84010
13.1 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.
14. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief
as may be granted, to court costs and reasonable attorney's fees as determined by a Court of
competent jurisdiction. This provision shall be deemed to be a separate contract between the parties
and shall survive any default, termination or forfeiture of this Agreement.
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
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
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.
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.
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.
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)
DEVELOPMENT AGREEMENT-SESSIONS PARKWAY(H-2022-0046) Page 16
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.
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
Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at
the time of the proposed amendment.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[End of text. Acknowledgements, signatures, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-SESSIONS PARKWAY(H-2022-0046) Page 17
IN WITNESS WHEREOF, the parties have herein executed this Development
Agreement and made it effective as hereinabove provided.
OWNER/DEVELOPER:
GFI—Meridian Investments, LLC,
a Utah limited liability company,
By:
Trevor Gasser,Mai ages
CITY OF MERIDIAN ATTEST:
By: By:
Mayor Robert E. Simison 6-13-2023 Chris Johnson, City Clerk 6-13-2023
State of a_LvC
County of --Ma—
This record was acknowledged before me on , 2023 by Trevor Gasser, as
Manager of GFI—Meridian Investments,
'0 �.
Signature of taffy public = :�° 40TARy
(Stamp) "UBL1C
My conunission expire o310;�or�1;:',�
9 ••.
'�'••.TF OF tp '
State of Idaho
County of Ada
This record was acknowledged before me on 13, June_,2023 by Robert E. Simison and
Chris Johnson, as Mayor and City Clerk, respectively, of the City of Meridian.
Signature of notary public
(Stamp)
My commission expires: 3-28-2028
DEVELOPMENT AGREEMENT—SESSIONS PARKWAY(H-2022-0046) Page 8
EXHIBIT A
km
E N G I N E E R I N G
May 14,2020
Project No. 17-169
Legal Description
Parcel B
A parcel of land situated in the Southwest 1/4 of the Northwest 1/4 of Section 4,Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly
described as follows:
Commencing at a found brass cap marking the Northwest corner of said Section 4, which bears
N00'36'00"E a distance of 2,611.39 feet from a found brass cap marking the West 1/4 corner of said
Section 4;
Thence following the westerly line of said Northwest 1/4, S00'36'00"W a distance of 1385.13 feet;
Thence leaving said westerly line, S89'51'36"E a distance of 70.01 feet to a found 5/8-inch rebar
marking the southwest corner of Southeast Corner Marketplace Subdivision No. 1 and being the POINT
OF BEGINNING.
Thence following the southerly boundary line of said Southeast Corner Marketplace Subdivision No. 1,
S89'51'36"E a distance of 479.48 feet to a set 5/8-inch rebar;
Thence leaving said southerly subdivision boundary line, S00'37'57"W a distance of 565.59 feet to a set
5/8-inch rebar on the northerly subdivision boundary line of Bach Subdivision;
Thence following the northerly subdivision boundary line the following two (2) courses:
1. N66'18'52"W a distance of 251.97 feet to a found aluminum cap;
2. S84'26'08"W a distance of 17.13 feet to a found 5/8-inch rebar marking the northwest corner of
said Bach Subdivision;
Thence leaving said northerly subdivision boundary line, S84'26'08"W a distance of 114.63 feet to a
found 5/8-inch rebar;
Thence N53'04'00"W a distance of 144.06 feet to a found 5/8-inch rebar on the easterly right-of-way
line of N. Eagle Road;
Thence following said easterly right-of-way line, N00'36'00"E a distance of 391.77 feet to the POINT OF
BEGINNING.
Said parcel contains 231,902 Sq. Ft. (5.324 acres), more or less,and is subject to all existing easements
and/or rights-of-way of record.
All subdivisions, deeds, record 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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REFERENCES
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INOIX No.311-FA-3-0-00-00
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW (:�VE Nty
AND DECISION& ORDER
In the Matter of the Request for Modification to the Existing Development Agreement(DA)(Inst.
#2017-0121321,Re-recorded as Inst.#2022-065403)to Remove the Commercial Portion of the
Property from the Agreement and Enter into a New Development Agreement for the Proposed
Project with an Updated Conceptual Development Plan; and Preliminary Plat Consisting of Five
(5)Building Lots on 5.32-Acres of Land in the C-G Zoning District with a Request for City Council
Approval of a Right-In/Right-Out Driveway Access via N.Eagle Rd./SH-55, by KM Engineering,
LLP.
Case No(s). H-2022-0046
For the City Council Hearing Dates of: December 13, 2022 and January 3, 2023 (Findings on
January 17,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of January 3, 2023, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of January 3, 2023, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of January 3, 2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of January 3, 2023, 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SESSIONS PARKWAY-MDA,PP H-2022-0046
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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 3, 2023,incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for a modification to the existing Development Agreement and
Preliminary Plat is hereby approved per the provisions in the Staff Report for the hearing date
of January 3, 2023,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-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 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
6B-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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SESSIONS PARKWAY-MDA,PP H-2022-0046
agreement.Decision on the development agreement modification is made by the city council in
accord with this chapter.When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-652 1(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 January 3,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SESSIONS PARKWAY-MDA,PP H-2022-0046
17th
By action of the City Council at its regular meeting held on the day of January ,
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. S miso 1-17-203
Attest:
� SEAL
Chris Johnso f-474023
City Clerk
Copy served upon Applicant,Community Development Department, Public Works Department and City
Attorney.
By: Cha&ycWM 1-17-2023 Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SESSIONS PARKWAY-MDA,PP H-2022-0046
STAFF REPORT E IDIA 4:---
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING January 3,2023 Legend 1 _
DATE: (Continued from December 13, 2022)
�Pro-.,(-- Loco-or
TO: Mayor&City Council
"-A-
FROM: Sonya Allen,Associate Planner
',
208-884-5533 ;
SUBJECT: H-2022-0046
---- w �
Sessions Parkway—MDA,PP EE
LOCATION: 2700 N. Eagle Rd.,in the NW 1/4 of
Section 4,T.3N.,RJE.
Parcel# S 1104233650
L PROJECT DESCRIPTION
Modification to the existing Development Agreement(DA) (Inst. 92017-0121321,re-recorded as
Inst. 92022-065403)to remove the commercial portion of the property from the agreement and enter
into a new DA for the proposed project with an updated conceptual development plan; and
Preliminary Plat consisting of five (5)building lots on 5.32 acres of land in the C-G zoning district
with a request for City Council approval of a right-inhight-out driveway access via N. Eagle Rd./SH-
55.
IL SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 5.32
Existing/Proposed Zoning C-G(General Retail and Service Commercial)
Future Land Use Designation Mixed Use—Regional(MU-R)
Existing Land Use(s) Vacant/undeveloped land
Proposed Land Use(s) Commercial pads with a fuel sales facility
Lots(#and type;bldg./common) 5 building/0 common
Phasing Plan(#of phases) None(to be constructed in one phase)
Number of Residential Units(type 0
of units)
Physical Features(waterways, The Finch Lateral runs along the southern boundary of the
hazards,flood plain,hillside) site within an 80'wide easement(40'from centerline each
side)as depicted on the plat.
Neighborhood meeting date: 3/23/22
History(previous approvals) AZ-03-021;AZ-15-012;AMA-15-011;DA Inst. 92022-
065403;A-2020-0115(PBA ROS#12423)
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
West Ada School District No comment have been received.
Police Department No comment have been received.
Fire Department No comments have been received.
C. Project Area Maps
Future Land Use Map Aerial Map
Legend Legend
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A. Applicant:
Stephanie Hopkins,KM Engineering, LLP—5725 N. Discovery Way, Boise, ID 83713
B. Owners:
Meridian Investments,LLC—74 E 500 S, Ste. 200,Bountiful,UT 84010-0000
C. Representative:
Same as Applicant
111. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Notification published in 9/21/2022 11/27/2022
newspaper
Notification mailed to property 9/15/2022 11/13/2022
owners within 300 feet
Applicant posted public hearing notice on site 9/21/2022 12/2/2022; 12/19/2022
Nextdoor posting 9/15/2022 11/28/2022
IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan
Land Use: The Future Land Use Map (FLUM)contained in the Comprehensive Plan designates this
property,and many of the surrounding properties in this vicinity along the Eagle Road corridor,as
Mixed Use—Regional (MU-R). The purpose of this designation is to provide a mix of employment,
retail,and residential dwellings and public uses near major
'al intersections. The i et j or arterial intersecti intent is to
integrate a variety of uses together,including residential,and to avoid predominantly single use
developments such as a regional retail center with only restaurants and other commercial uses.
Developments should be anchored by uses that have a regional draw with the appropriate supporting
uses.For example,an employment center should have supporting retail uses; a retail center should
have supporting residential uses as well as supportive neighborhood and community services. The
standards for the MU-R designation provide an incentive for larger public and quasi-public uses
where they provide a meaningful and appropriate mix to the development. The developments are
encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D of the
Comprehensive Plan as shown below.
FIGURE 3D: MIXED USE REGIONAL CONCErr DIAG1tAM
Single fam#y
Residential
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The applicant has submitted two(2)conceptual development plans. The first proposed conceptual
development plan depicts five (5)commercial building pads,including one for a fuel sales facility
and one for a drive-through establishment,totaling 32,625 square feet(s.f.)of building area. The
second conceptual plan also depicts the fuel sales facility and drive-through,eliminates the three
commercial pad sites in favor of a 51,670,4-story hotel. The applicant desires to have two concept
plans attached to the new development agreement to allow for greater flexibility. Additional uses may
develop on the site as allowed by UDC Table 11-2B-2 in the C-G district.Multi-family residential
uses(i.e.Village Apartments A-2021-0231)by the same developer have been approved and are in the
development process on the parcel directly to the east.
Vehicle interconnectivity is proposed between the commercial and residential uses to the east at the
north and south boundaries of the site. Safe pedestrian access should also be provided between the
commercial uses within the site and to the future residential uses.
The proposed development should provide a variety of commercial and retail uses in close proximity
to residential uses. Klemer City Park exists within a'/4 mile of this site to the southeast,which is
considered a Civic use.The site is located along N. Eagle Rd./SH-55 within 3/4 of a mile of a major
arterial intersection at E.Fairview Ave. and N. Eagle Rd.Although not anchored by uses that have a
regional draw,the existing and proposed uses contribute to the variety of uses within this overall MU-
R designated area as desired and should provide services to nearby residents.
Originally, staff raised concerns that the proposed commercial development was not integrated
with the future residential development to the east,nor was there a common usable gathering
area with a plaza or green space as desired in mixed use designated areas.Further,the rear of
the fuel facility/convenience store faces the backage road and the rear of Buildings C,D and E
face the residential development which creates a wall effect.This concern is less relevant with
the second concept plan because the building placement is farther from the shared property
line.Both plans have been updated to include some form of open space as desired by the Plan
and the applicant has provided pedestrian circulation plans to demonstrate pedestrian
movements between the commercial and future multi-family development to the east,which
more closely aligns with the development guidelines in the Comprehensive Plan for Mixed Use
and MU-R designated areas as noted below.However,with concept plan 1,labeled as EX1.0,
some or all of the buildings along the eastern boundary should be rotated and/or relocated and
a shared plaza area/green space added to a more central location within the development for
better integration,including a central pathway connection to the open space and front pad sites.
If the site develops consistent with concept plan 2, staff recommends that the applicant
construct a 5-foot sidewalk on the east boundary and provide a decorative crosswalk across the
drive aisle of the multi-family portion of the development to enhance pedestrian connectivity.
In reviewing development applications,the following items will be considered in all Mixed-Use
areas: (Staffs comments in italics)
• A mixed-use project should include at least three types of land uses. Exceptions may be
granted for smaller sites on a case-by-case basis. This land use is not intended for high
density residential development alone.
The larger overall mixed-use designated area includes a mix of residential, commercial,
office and civic uses. This project may only include commercial(i.e. retail, restaurant, etc)
and residential uses (Village Apartments) as proposed, which may be adequate because it's a
smaller site.
• Where appropriate,higher density and/or multifamily residential development is encouraged
for projects with the potential to serve as employment destination centers and when the
project is adjacent to US 20/26, SH-55, SH-16 or SH-69.
Multi family residential uses (i.e. Village Apartments) were approved on the parcel directly
to the east, which provide housing options for the commercial and employment uses along the
Eagle Road/SH-55 corridor.
• Mixed Use areas are typically developed under a master or conceptual plan; during an
annexation or rezone request,a development agreement will typically be required for
developments with a Mixed-Use designation.
A new conceptual development plan is proposed to replace the existing plan in the
development agreement approved with the annexation.
• 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.
The proposed conceptual development plan does include common usable area but it is not
central to the development and is located along the southern drive aisle.
• The site plan should depict a transitional use and/or landscaped buffering between
commercial and existing low-or medium-density residential development.
No low-or medium-density residential uses abut this site;however, a minimum 25 foot wide
buffer, landscaped per the standards in UDC 11-3B-9C, is required along the eastern
boundary of the site in the GG district adjacent to future residential uses.
• Community-serving facilities such as hospitals,clinics,churches, schools,parks,daycares,
civic buildings,or public safety facilities are expected in larger mixed-use developments.
No community-serving facilities are proposed with this development; however, these uses do
exist within a fairly close proximity to the site and this is a smaller development.
• 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 are
expected; outdoor seating areas at restaurants do not count.
Open space and plaza areas have been added to both concept plans.
• Mixed use areas should be centered around spaces that are well-designed public and
quasi-public centers of activity. Spaces should be activated and incorporate permanent
design elements and amenities that foster a wide variety of interests ranging from
leisure to play.These areas should be thoughtfully integrated into the development and
further placemaking opportunities considered.
Specific details for the integrated plaza areas have not been provided. The applicant should
provide an exhibit that demonstrates compliance with this goal.
• All mixed-use projects should be accessible to adjacent neighborhoods by both vehicles and
pedestrians. Pedestrian circulation should be convenient and interconnect different land use
types.Vehicle connectivity should not rely on arterial streets for neighborhood access.
The proposed development is accessible to the adjacent future residential development to the
east(i.e. Village Apartments) by vehicle via two (2)driveways, one at north end and one at
the south end of the site. Separate pedestrian walkways should also be provided for
pedestrian safety that provides a connection to the multi-use pathway along Eagle Rd. and
between buildings within the commercial development. The applicant has provided an
exhibit that demonstrates how pedestrian movements are achieved through the
development. Staff recommends additional pedestrian connections as noted above.
• A mixed-use project should serve as a public transit location for future park-and-ride lots,bus
stops, shuttle bus stops and/or other innovative or alternative modes of transportation.
Public transit isn't available in this vicinity.
• Alleys and roadways should be used to transition from dissimilar land uses,and between
residential densities and housing types.
The three(3)eastern building pads back up to a drive aisle with a row of parking on either
side associated with the multi family development.
• Because of the parcel configuration within Old Town,development is not subject to the
Mixed-Use standards listed herein.
This guideline is not applicable as the property is not in Old Town.
In reviewing development applications,the following items will be considered in MU-R areas:
• Development should generally comply with the general guidelines for development in all
Mixed-Use areas.
See analysis above.
• Residential uses should comprise a minimum of 10%of the development area at gross
densities ranging from 6 to 40 units/acre.
Between this site and the adjacent site to the east being developed by the same developer,
residential uses exceed 10%of the development area at a gross overall density of 20.12
units/acre.
• There is neither a minimum nor maximum imposed on non-retail commercial uses such as
office,clean industry,or entertainment uses.
The Applicant is unsure at this point what commercial uses will develop on this site other
than a fuel sales facility and convenience store and a drive-through establishment.
• Retail commercial uses should comprise a maximum of 50%of the development area.
To ensure retail commercial uses don't exceed 50% of the development area and for a
transition in uses,Staff recommends the concept plan is revised to depict non-retail
commercial, office and/or civic uses for a minimum of 50% of the development area
between the residential and retail commercial uses. The plans have not been updated to
reflect this request however, the second concept plan does depict a hotel site which could
limit the amount of retail that could develop on the site. The new DA should restrict the
amount of retail on this site unless Commission and Council find this development
shouldn't be further restricted because this property is part of a larger MU-R designated
area.
Where the development proposes public and quasi-public uses to support the development,the
developer may be eligible for additional area for retail development(beyond the allowed 50%),
based on the ratios below:
• For land that is designated for a public use, such as a library or school,the developer is
eligible for a 2:1 bonus. That is to say,if there is a one-acre library site planned and
dedicated,the project would be eligible for two additional acres of retail development.
• For active open space or passive recreation areas, such as a park,tot-lot,or playfield,the
developer is eligible for a 2:1 bonus. That is to say,if the park is 10 acres in area,the site
would be eligible for 20 additional acres of retail development.
• For plazas that are integrated into a retail project,the developer would be eligible for a
6:1 bonus. Such plazas should provide a focal point(such as a fountain, statue,and water
feature),seating areas,and some weather protection. That would mean that by providing
a half-acre plaza,the developer would be eligible for three additional acres of retail
development.
No public or quasi public uses are proposed with this development. If the concept plan is
revised to include such uses, the developer may be eligible for additional area for retail
development(beyond the allowed 50%).
Sample uses,appropriate in MU-R areas,include: All MU-N and MU-C categories,
entertainment uses,major employment centers,clean industry,and other appropriate
regional-serving most uses. Sample zoning include: R-15,R-40,TN-C,C-G,and M-E. The
proposed commercial/retail/restaurant and fuel sales facility uses are allowed uses in the
existing C-G zone, although they are not "regional serving"uses.
The following Comprehensive Plan Policies are also applicable to this development: (Staffs
analysis in italics)
• "Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval,and in accord with any adopted levels of
service for public facilities and services." (3.03.03F)
City water and sewer service is available and can be extended by the developer 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 uses should be compatible with adjacent commercial uses to the
north and south; and with the future multi family residential uses to the east if non-retail,
office and/or civic uses are provided as a buffer and transition in uses as recommended.
• "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 commercial uses and fuel sales facility should provide nearby services and
employment options to the residents of the adjacent multi family developments, reducing
vehicle trips on area roadways.
V. UNIFIED DEVELOPMENT CODE ANALYSIS (UDO
A. Development Agreement Modification(MDA):
The Applicant proposes a modification to the existing Development Agreement(DA) for Village
Apartments (AZ-15-012;MDA-I5-011—DA Inst. 92022-065403)to remove the commercial
portion of the property,consisting of 5.32 acres of land, from the agreement and enter into a new
DA for the proposed project with two(2)updated conceptual development plans.
The existing conceptual development plan depicts three (3)retail/commercial building pads along
the frontage of N. Eagle Road,two(2)of which are drive-through establishments,and one (1)
larger retail building east of the building pads fronting on Eagle Rd. totaling 28,500 square feet
(s.f).A driveway is depicted at the northeast corner of the site for vehicular connectivity with the
residential development to the east. A driveway is not depicted to the property to the south(flea
Great Wall)because when that property developed,access was not required to be provided to this
property because of the Finch Lateral,a large irrigation facility that separates the two properties.
The properties to the south of the Finch Lateral were to have a backage road along their east
boundaries for access via E.River Valley St.
Since that time,this developer and the property owner to the south have been working together to
construct a backage road between the two properties along Eagle Rd. and the Finch Lateral has
been piped. A new access via Eagle Rd./SH-55 is proposed with this application,which will
replace the existing temporary access on the Great Wall/Copper Canary property,if approved by
the City and ITD. The temporary access was allowed to remain until such time as access became
available from the south via E. River Valley St. If non-residential uses develop on the property to
the south of the Copper Canary(fka Great Wall)property at 3280 E.River Valley St. as currently
entitled,the backage road will extend to E. River Valley St.; however,if residential uses develop
on that property,only an emergency access will be provided from the north to that property per
the development agreement(Copper Canary Inst. 92022-048293).
As noted above,the applicant has submitted two(2)conceptual development plans. The first
proposed plan depicts five (5)building pads totaling 32,625 s.f. A fuel sales facility with a
convenience store is proposed on the northwest pad,a drive-through is proposed on the pad
directly to the south,and three(3)other pads are proposed along the east boundary of the site
adjacent to the future multi-family residential development to the east. The second plan still
depicts the fuel sales facility with convenience store and drive-through but in lieu of the three
other pads,a hotel is proposed. As noted above in Section IV, Staff recommends changes to
both concept plans for better integration between uses in accord with the mixed use and
MU-R guidelines in the Comprehensive Plan.
One driveway access is proposed at the north boundary which will serve as a backage road along
Eagle Rd. and will connect to the property to the south. Two(2)driveways to the east are
proposed for interconnectivity with the future residential development. Typically, Staff would
prefer the alignment of the backage road to be more linear and direct but the access points to the
north and south are not in alignment. The"jog"in the roadway will result in traffic calming and
reduced speeds,which is desired,especially if the access via Eagle Rd. is approved which will
intersect the backage road.
A cross-access easement(Inst. 92016-003980)exists with the property to the north for access via
Eagle Road for this property. A reciprocal cross-access easement should also be recorded
granting cross-access between the subject property and the abutting property to the south
(Parcel#51104233802); and the abutting property to the east(Parcel#51104233730).
Copies of the recorded agreements should be submitted to the Planning Division prior to
signature on the final plat by the City Engineer.
Staff has reviewed the provisions of the existing DA and finds provisions 95.1 f,which requires a
buffer to residential uses; 45.1g,which requires pedestrian connections to be provided between
the residential portion of the site and future commercial development; and 95.1h,which requires
traffic calming to be provided between the residential and commercial development, still apply to
development of the subject property. Therefore, Staff recommends these provisions are carried
over to the new DA along with new provisions as noted herein and in Section VIILA.
B. Preliminary Plat(PP):
A Preliminary Plat is proposed consisting of five (5)building lots on 5.32 acres of land in the C-
G zoning district. As part of the plat,the Applicant requests City Council approval of an access
via N. Eagle Rd./SH-55,located on the abutting property to the south(Parcel#S 1104233802).
Consent has been granted from the abutting property owner for this request as part of this
application.
Existing Structures/Site Improvements:
There are no existing structures on this site; the previous structures have been removed.
Dimensional Standards:
Development of the proposed lots is required to comply with the dimensional standards of the C-
G zoning district in UDC Table 11-2B-3.
Subdivision Design and Improvement Standards (UDC 11-6C-2"-
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
There are two(2)existing accesses on this site associated with the previous residential use(s)and
one(1)temporary access on the abutting property to the south via N. Eagle Rd./SH-55 that are
proposed to be removed and replaced with one (1)new right-in/right-out driveway access on the
abutting property to the south as depicted on the plans and as shown below.
Per UDC 11-3H-4,the use of existing approaches via the state highway are not allowed to
continue if the intensity of the use increases. With the change in use to commercial,the intensity
of the use will increase;therefore,the existing approaches are not allowed to remain and must be
abandoned and removed as proposed.New approaches directly accessing a state highway are only
allowed at the section line road and the half mile mark between section line roads,which does not
apply in this case. City Council may consider and approve modifications to the standards in
UDC 11-3H-4 upon specific recommendation of the Idaho Transportation Department
(ITD) or if strict adherence is not feasible, as determined by City Council.
ITD issued a letter of acceptance of the revised traffic striping conceptual drawings,dated
November 13,2019, for SH-55/Eagle Rd. from River Valley St. to approximately 1,500 feet
north for the proposed right-in/right-out access via Eagle Rd. The letter states the drawings
address all of ITD's safety concerns but only acknowledges the acceptance of the conceptual plan
—final approval of the proposed access and associated improvements is determined once all
documentation has been provided and the permit is signed. Final approval of the access has not
yet been granted been ITD.
A Trac Impact Study(TIS)was submitted for the Village Apartments and Sessions Parkway
developments,prepared by Kittelson&Associates in 2021. The study finds a northbound right-
turn lane on Eagle Road into the site as proposed is warranted and should be constructed as
proposed.
A curb cut exists at the northern boundary of the site for access via Eagle Rd./SH-55 through an
existing vehicular&pedestrian cross-access easement(Inst. 92016-003980). A cross-
access/ingress-egress easement should be provided to the properties to the south and east
for interconnectivity and access.A recorded copy of said agreements should be submitted
prior to signature on the final plat by the City Engineer.
PROPOSED
VEHICLE ACCESS
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ACCESS TO
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BE CLOSED
Pathways(UDC 11-3A-8
A multi-use pathway is depicted on the Pathways Master Plan and required by UDC 11-3H-4C.3
along N. Eagle Rd./SH-55. The pathway should be detached from the curb and constructed per
the standards listed in UDC 11-3A-8. If the pathway is located outside of the right-of-way, a
14-foot wide public pedestrian easement should be submitted to the Planning Division and
recorded prior to signature on the final plat by the City Engineer. Pedestrian lighting and
landscaping shall be installed along the pathway consistent with the Eagle Road Corridor
Study and comply with the specifications listed in UDC 11-3H-4C.3.
Two pedestrian plans have been submitted that depicts pedestrian walkways between the
building pads in the proposed commercial development and the future residential
development to the east, and to the commercial properties to the north and south,for safe
pedestrian access and interconnectivity. Connectivity is also be provided to the multi-use
pathway along Eagle Rd.Pedestrian walkways should be distinguished from the vehicular
driving surfaces through the use of pavers,colored or scored concrete,or bricks in accord
with UDC 11-3A-19B.4.As noted above in section IV, staff recommends additional pathway
connections to enhance connectivity within the proposed development.
Sidewalks (UDC 11-3A-1 :
In lieu of a detached sidewalk,a detached multi-use pathway is required to be constructed along
N. Eagle Rd./SH-55 in accord with the standards listed in UDC 11-3A-8 and the Pathways Master
Plan.
Landscaping(UDC 11-3B
A minimum 35-foot wide street buffer is required along N. Eagle Rd./SH-55,an entryway
corridor,landscaped per the standards listed in UDC 11-3B-7C. The final plat should depict the
buffer in a common lot or on a permanent dedicated buffer easement, maintained by the
property owner, or business owner's association per UDC 11-3B-7C.2a.
A minimum 25-foot wide buffer is required by UDC Table 11-2B-3 in the C-G district along the
eastern boundary of the site adjacent to future residential uses,landscaped per the standards in
UDC 11-3B-9C. This buffer may be installed at the time of lot development. Landscape buffers
are required to facilitate safe pedestrian access between residential and commercial
development as set forth in UDC 11-3B-9C.3; the plan should be revised accordingly.
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
En in�g Evaluation for the proposed subdivision that was prepared in 2015 with the Village
Apartments application. Stormwater integration is required in accord with the standards listed in
UDC 11-3B-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.
Utilities(UDC 11-3A-21 :
Utilities are required to be provided to the subdivision as required in UDC 11-3A-21.
Waterways(UDC 11-3A- :
The Finch Lateral runs along the project's south boundary and has been piped in accord with
UDC 11-3A-6B. The lateral lies within an 80-foot wide easement—40' from centerline on each
side—structures should not encroach within this easement and trees should be placed outside of
the easement. This project is not within the flood plain.
Fencing(UDC 11-3A-6 and 11-3A-
All fencing is required to comply with the standards listed in UDC 11-3A-7.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were not submitted for the proposed commercial development.
All structures should comply with the design standards in the Architectural Standards
Manual.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed preliminary plat with the conditions noted in Section
VIII,per the Findings in Section IX; and approval of the development agreement modification
contingent upon revisions to the concept plan as discussed above and noted in Section VIII.
B. The Meridian Planning&Zoning Commission heard the PP on October 6 and November 17,
2022. At the public hearing on November 17,2022,the Commission moved to recommend
approval of the subject PP request.
1. Suimnary of Commission public hearing:
a. In favor: Stephanie Hopkins, KM Engineering
b. In opposition:None
C. Commenting.None
d. Written testimony: Givens Pursley,Applicant's Representative
e. Staff presenting application: Sonya Allen
f Other Staff commenting on application: None
2. Ke, ids)of public testimony
a. The Applicant requests removal of all four changes to the concept plan recommended bX
staff in Section 8 of the Staff Report,A.Ia.
3. Key issue(s)of discussion by Commission:
a. None
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s) for City Council:
a. Request for City Council approval of a right-in/right-out access via N. Eagle Rd./SH-55.
b. The Applicant submitted revised conceptual development plans (2 options),included in
Section VILB.
C. The Meridian City Council heard these items on December 13. 2022 and January 3. 2023. At the
public hearing on January 3',the Council moved to approve the subject MDA and PP requests.
1. Summary of the City Council public hearing:
a. In favor: Stephanie Hopkins_KM Engineering: Derek Gasser: Walt Gasser: Jeff Bower
Givens Pursley(Applicant's Representative)
b. In opposition: None
C. Commenting: Lauren Nuxo1L Kittleson&Assoc.
d. Written testimony: Jeff Bower_ Givens Pursley(Applicant's Representative)
C. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. The Applicant requested removal of the first three conditions in Section VIILA.Ia.
3. Key issue(s)of discussion by City Council:
a. Preference for one conceptual development plan rather than two—would like a more
defined idea of how the site is planned to develop:
b. Concern pertaining to the safety of the right-out access via SH-55 from the site and
possible conflicts with the deceleration lane for the right-in access to the north:
C. Desire for a larger(i.e. wider)area to be provided for the plaza area between the
commercial buildings along the eastern boundary
4. City Council change(s)to Commission recommendation:
a. Modification to the conditions in Section VIILA.Ia as noted- and
b. City Council approved the request for access via N. Eagle Rd./SH-55 contingent upon
a proval from ITD.
VIL EXHIBITS
A. Existing Development Agreement Provisions and Conceptual Development Plan
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Any existing domestic wells and/or septic systems within this project shall be
removed from their domestic service prior to development.
b. Development of this site shall be generally consistent with the overall site
plan,landscape plan and building elevations included in Exhibit of the
Staff Report attached to the Findings of Fact attached hereto as Exhibit
"C" and the conditions of approval included in Exhibit B of the Staff
Report attached to the Findings of Fact attached hereto as Exhibit"C"
c. The Milk Lateral which crosses the northeast corner of this site shall be
piped in accord with UDC 11-3A-GA.
d. A 35-foot wide street buffer is required to be constructed along N. Eagle
Road,an entryway corridor,with the second phase(commercial portion)of
development; and a 20-foot wide street buffer is required to be constructed
along N. Records Avenue,a collector street,with the frsl phase(residential
portion) of development and prior to issuance of the firs? Certificate of
Occupancy for each phase.Landscaping is required to be installed within the
buffer in accord with the standards listed in UDC 11-3B-7C.
e. A 10-foot wide multi-use pathway is required to be constructed within the
street buffer along N. Eagle Road within a public use easement; pedestrian
lighting and landscaping is also required to be installed as set forth in UDC 11-
3H-4C. These improvernents are required to be constructed with the second
phase(commercial portion)of development and prior to issuance of the firs!
Certificate of Occupancy for that portion of the site.
f. Upon development of the retaillcommercial portion of the property,a 25-foot
wide buffer is reouired to be installed adiacent to the residential uses in
accord with the standards listed in UDC 11-3B-9C,unless otherwise modified
by City Council.
g. Pedestrian connections are required to be provided between the residential
portion of the site and die future commercial development on the western
portion of this site and the residential developments to the north and south.
h. Traffic calming shall be provided within the site between the
residential and commercial development and in N. Records Avenue (as
allowed by ACI-1D).
TA 0--77,
-
I 3500 sf . _ n
-----. .� VILLAGE
_ I
—------==I! APARTMENTS
Pad 2 =
'a i 7DOOst mill.
s —a 14,000sf ❑ \ ° �-
Retail
Pad 3
'iy yid: 40O05f LA
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OVERALL SITE PLAN EXHIBIT �
A1.0
MRALL SRE EXHIBIT
B. Proposed Conceptual Development Plans(EX1.0 and EX2.0)AND Ped Access Plans (EX1.1 and
EX2.1) -REVISED
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Option #1
Option 1 includes expanded open space and a plaza area between the center and south building pads.
There will be seating and awnings included in this plaza,which will be detailed in a rendering submitted
for the Council hearing.
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Option #2
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Option 2 includes an open space area at the NW corner of the hotel area(to the east of the drive aisle)and
will include a gazebo and seating,a couple of other seating areas and a pedestrian walkway on the east
have also been added.
C. Proposed Preliminary Plat(date: June 2022)
PRELIMINARY PLAT SHOWING P0.EUMINA0.5PAT GALL
SESSIONS PARKWAY SUBDIVISION
SITUATED IN THE SOUTHWEST I/4 OF THE NORTHWEST 1/4 OF SECTION 4,TOWNSHIP 3 X
NORTH,RANGE 1 EAST,B.M.,CITY OF MERIDIAN,ADA COUNTY,IDAHO. •` q- `r
2022 1+I ti4h..•r
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LOR 1 BLOLK I LOl l NOp;1 BOOK 103 PAGf 13893-1369fi 6Btl''
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BOOR 92 PAGE 19958-30960 pq� !�
SESSIONS PARKWAY SUB
MERIDIAN,
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BALH SUB. BOON 113 PAGf I6B08-16631
BOOK 113 PAGE 16606-16611
PPI-0
D. Landscape Plan(date: June 2022)
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MERIDIAN,IDAHO
PREIIMINARY RAT IONDSfAPf RAN
(1)_LANDSCAPE��-N
E. Access Exhibit
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F. Legal Description&Exhibit Map for Property Subject to New Development Agreement
10"
E N G I N E E R I N G
May 14,2020
Project No.17-169
Legal Description
Parcel B
A parcel of land situated in the Southwest 1/4 of the Northwest 1/4 of Section 4,Township 3 North,
Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,and being more particularly
described as follows:
Commencing at a found brass cap marking the Northwest corner of said Section 4,which bears
NOO'36'00"E a distance of 2,611.39 feet from a found brass cap marking the West 1/4 corner of said
Section 4;
Thence following the westerly line of said Northwest 1/4,SOO'36'00"W a distance of 1385.13 feet;
Thence leaving said westerly line,S89'S1'36"E a distance of 70.01 feet to a found 5/8-inch rebar
marking the southwest corner of Southeast Comer Marketplace Subdivision No. 1 and being the POINT
OF BEGINNING.
Thence following the southerly boundary line of said Southeast Corner Marketplace Subdivision No.1,
S89'51'36"E a distance of 479.48 feet to a set 5/8-inch rebar;
Thence leaving said southerly subdivision boundary line,S00'37'57"W a distance of 565.59 feet to a set
5/8-inch rebar on the northerly subdivision boundary line of Bach Subdivision;
Thence following the northerly subdivision boundary line the following two(2)courses:
1. N66'18'52"W a distance of 251.97 feet to a found aluminum cap;
2. S84'26'08"W a distance of 17.13 feet to a found 5/8-inch rebar marking the northwest corner of
said Bach Subdivision;
Thence leaving said northerly subdivision boundary line,584°26'O9"W a distance of 114.63 feet to a
found 5/8-inch rebar;
Thence N53'04'00"W a distance of 144.06 feet to a found 5/8-inch rebar on the easterly right-of-way
line of N.Eagle Road;
Thence following said easterly right-of-way line,NOO'36'00"E a distance of 391.77 feet to the POINT OF
BEGINNING.
Said parcel contains 231,902 Sq.Ft.(5.324 acres),more or less,and is subject to all existing easements
and/or rights-of-way of record.
All subdivisions,deeds,record 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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RECORD OF SURVEY
PROPERTY BOUNDARY ADJUSTMENT FOR ROS No.
GDSrF Meridian Investments,LLC. m
A PARCEL OF LAND sNUATED IN THE spunnvEST 1/4 OF THE NpRTHW EST:Vd OF SECTION 4, (`■Q f}
TDWN5HIP 3NORTH.RANGE 1 EAST,a.RE,E:rTY OF MERIDIAN,ADA COUNTY,IOAHO.
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REFEREHCEs
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1 I I fli HAT OF B'.T.11 91B]n9]X Baex 1,]a PVTS Ar PAOES
n Ir"Pirt Iwr,w r1,lev+s I I eeLL-18+10,ueoBoa d xw cuarrr,IM10.
_`� I _—l OPNWI PARSL eODUNY u,E P-0 A I o T, Irs RAT of muntasr wMoe uweYHucC elOMmu xn+.lcOx
P-d a IL3?J�AE I q.I 11 G,GF Puii Ai PAOEi uas-Ime rgoolrz ar Aw[aum.
w� I I2KM SOIL) .R I41R,63b Sgrc) I � A�E �.
I 33 flA iW Of IIN WS NOBCM'agx.BOOB IQl OF PW AT
b FVgES
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it �_ M1 -- I flee rcTwxtM xe m,e-mm�>Izccrm�,c.
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]D' L. Ptlt GIST.w.9e0S,OB6 E
I ��•t rercx WouA[Wlatri �SEA MD � + SiPel'.'Ot Ta.o+ I CERTIFICATE OF COVNTT RE OCR
I •`��'NR N4T No 1OIWlIIe l2 rVlCotl[ SO.]] I � 9AlE OF 101lp
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CEATRIEATE OF SURVEYOR
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PxpfEc.90NA1 l.hO BAAERY?tHEItEED eY 1NE 6rATE!K pr11D./AO
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SURVEI'NAARATIVE
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The subject property shall no longer be subject to the terms of the Development Agreement
(DA) (Inst. 42022-065403,MDA-15-012) for Village Apartments and shall instead be subject
to a new agreement.The new DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting approval of the
amendment. The specific provisions for the new DA are as follows:
a. Development of this site shall be generally consistent with the conceptual development
plans approved by City Council and the conditions of approval included in Section
VIILA and include the following:
T,,piet BOB Fe tail e .,1 ,.FF;. , ,. .. FOF RMiRiMUMOf Clio% 0
development A-ren o .,less r,..r..r.;....;,..,
or-Couneil find this isn't appli ah-11eiZerea-u-see this property is part of a
MU R designated area. This doesn't appty if the property develops wi in;_hhe
hotel Rs-pl=epesed-'
➢ Specific details for the integrated plaza/open areas shall be provided with the
first certificate of zoning compliance.The applicant can relocate open
space/plaza areas depicted on the plan with director approval once specific
tenants are known.
➢ On concept plan option 1,labeled as EXIA-, some or all of the buildings along
the eastern boundary should may be rotated and/or relocated and a shared
plaza area/green space added to a more central location within the development
for better integration,including a central pathway connection to the open space
and front pad sites.
➢ If the site develops consistent with concept plan option 2,labeled as . ,the
applicant shall construct a 5-foot sidewalk on the east boundary and provide a
decorative crosswalk across the drive aisle of the multi-family portion of the
development (SWC of the Village Apartments)to enhance pedestrian
connectivity.
b. The subject property shall be subdivided prior to submittal of the first Certificate of
Zoning Compliance application for the site.
c. A 25-foot wide buffer shall be installed along the eastern boundary of the site adjacent to
the future residential uses,landscaped per the standards listed in UDC 11-3B-9C,unless
otherwise modified by City Council. Construction of the buffer may take place with lot
development.
d. Pedestrian connections shall be provided between the subject property and the future
residential development to the east,the commercial properties to the north and south and
to the multi-use pathway along N. Eagle Rd./SH-55 in accord with the approved
pedestrian plans.Pedestrian walkways should be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks in accord with
UDC 11-3A-19B.4.
e. Traffic calming shall be provided within the site between the subject property and the
residential development to the east.
f. Provide trash enclosures within the development capable of housing containers for both
solid waste and recyclable materials in accord with MCC 4-1-4.
gCity Council approved the request for a right-in/ri ht-out access via N. Eagle Rd./SH-55
contingent upon final approval from ITD in accord with UDC 11-3H-3.
2. The final plat shall include the following:
a. Include the recorded instrument of the existing 30-foot wide City of Meridian sewer and
water main easement graphically depicted on the plat.
b. Depict the street buffer along N. Eagle Rd./SH-55 in a common lot or on a permanent
dedicated buffer easement,maintained by the property owner,or business owner's
association per UDC 11-3B-7C.2a.
c. Include a note stating direct lot access via N. Eagle Rd./SH-55 is prohibited except for
the access approved with the plat.Note: The proposed access via Eagle Rd. is required to
be approved by City Council and ITD.
d. Include a note stating all lots in the subdivision are subject to a cross-access/ingress-
egress easement as graphically depicted on the plat.
e. Depict a 14-foot wide public pedestrian easement for the multi-use pathway along N.
Eagle Rd./SH-55 if the pathway is located outside of the right-of-way; include the
recorded instrument number of the easement.
3. The landscape plan depicted in Section VILD shall be revised with submittal of the final plat,
as follows:
a. Depict landscaping within the 25-foot wide buffer along the eastern boundary of the site
adjacent to residential uses in accord with the standards listed in UDC 11-3B-9C.1; and
safe pedestrian connections between commercial and residential uses as set forth in UDC
11-3B-9C.3. Construction of the buffer may take place with lot development.
b. Depict landscaping within the 35-foot wide street buffer along N. Eagle Rd./SH-55 in
accord with the updated standards listed in UDC 11-3B-7C.3; and pedestrian lighting and
landscaping consistent with the Eagle Road Corridor study per UDC 11-3H-4C.3.
4. A reciprocal cross-access/ingress-egress easement shall be recorded between the subject
property and the abutting property to the south(Parcel 9 51104233802)in accord with UDC
11-3A-3A.2. A recorded copy of the agreement shall be submitted to the Planning Division
prior to signature on the final plat by the City Engineer.
5. A reciprocal cross-access/ingress-egress easement shall be recorded between the subject
property and the abutting property to the east(Parcel 9 S 1104233730)in accord with UDC
11-3A-3A.2. A recorded copy of the agreement shall be submitted to the Planning Division
prior to signature on the final plat by the City Engineer.
6. Submit details for the pedestrian lighting required along the multi-use pathway adjacent to N.
Eagle Rd./SH-55 that demonstrate compliance with the specifications set forth in UDC II-
3H-4C.3.
7. If the multi-use pathway along N. Eagle Rd./SH-55 is located outside of the right-of-way,
submit a 14-foot wide public pedestrian easement to the Planning Division for City Council
approval and recordation prior to the City Engineer's signature on the final plat.
8. Future development shall be consistent with the dimensional standards listed in UDC Table
11-2B-3 for the C-G zoning district.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. Terminate water main with hydrant
2. Provide easement from end of water main to north property line for potential future
connection.
3. Additional 271 gpd flow committed to model. WRRF declining balance is 14.35 MGD.
4. Max Slope of 8" line is 8%.
5. Adjust manhole 91 so it is not located in the curb/gutter.
6. Ensure that the existing manhole is not located in a curb/gutter.
7. For sewer and water in parallel,if sewer depth is greater than 15 feet,locate the water main 5
feet from the edge of easement and center the sewer main between the water main and other
edge of easement.
8. Pedestrian decorative lighting will be required for sidewalk frontage along Eagle Road.
General Conditions of Approval
9. 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.
10. 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.
11. 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.
12. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C). The applicant should be required to use any existing
surface or well water for the primary source. If a surface or well source is not available,a
single-point connection to the culinary water system shall be required. If a single-point
connection is utilized,the developer will be responsible for the payment of assessments for
the common areas prior to prior to receiving development plan approval.
13. 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.
14. 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.
15. 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.
16. 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.
17. Street signs are to be in place, sanitary sewer and water system shall be approved and
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.
18. 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.
19. 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.
20. 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.
21. 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.
22. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
23. Developer shall coordinate mailbox locations with the Meridian Post Office.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.orpublic works.aspx?id 272.
29. 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.
30. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20%of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. PARK'S DEPARTMENT
https://weblink.meridiancity.org/2ebLink/DocView.aspxTid 272579&dbid 0&repo MeridianC
i &cr1
D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancity.oLg/WebLinkIDocView.aspx?id 273745&dbid O&repo=MeridianC
Lty
E. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancioy org/WebLink/DocView.aspxTid 272564&dbid 0&repo=MeridianC
Lty
IX. FINDINGS
A. Preliminary 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 and subsequent development will be in substantial
compliance with the adopted Comprehensive Plan in regard to land use and transportation if
the Applicant complies with the provisions in the staff report. (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 funds.
4. There is public financial capability of supporting services for the proposed development;
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,ITD, 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 ofany health,safety, or environmental problems associated with
the platting of this property. ACHD and ITD considers road safety issues in their analysis.
6. The development preserves significant natural, scenic or historic features.
The City Council is unaware of any significant natural,scenic or historic features that exist on
this site that require preserving.