Knighthill Center Subdivision AZ 06-006
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/31/06 02:44 PM
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Meridian City Public Works 106122368
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DEVELOPMENT AGREEMENT
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PARTIES: 1.
2.
3.
City of Meridian
Foothill Knights, LLC, Owner
Sea 2 Sea, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 51'6 day of VM~ ,2006, by and between City of Meridian, a
municipal corporation of the State ofIda 0, hereafter called "CITY", Sea 2 Sea, LLC, whose
address is 757 West Bankside Drive, Eagle, Idaho 83616, hereinafter called "DEVELOPER",
and Foothill Knights, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616,
hereinafter called "OWNER".
1.
RECITALS:
1.1 WHEREAS, "Owner" are the sole owners, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in
Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after referred
to as the "Property"; and
1.2 WHEREAS, I.C. ~ 67-651 lA, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
"Developer" and/or "Owner" make a written commitment concerning
the use or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, "Developer" has submitted an application for annexation
and zoning of the "Property's" described in Exhibit A, and has
requested a designation of (C-G) General Commercial District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Developer" and/or "Owner" made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will be
made; and
DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION
PAGE 1 OF 11
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and received
further testimony and comment; and
1.7 WHEREAS, City Council, the 9th day of May, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter referred
to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Developer" and/or "Owner" to
enter into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "DEVELOPER" and/or "OWNER" deem it to be in their best
interest to be able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, "City" requires the "Developer" and/or "Owner" to enter
into a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
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 re-zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration ofthe 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.
DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION
PAGE 2 OF 11
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 Idaho Avenue,
Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Sea 2 Sea, LLC, whose address
is 757 West Bankside Drive, Eagle, Idaho 83616, the party developing
said "Property" and shall include any subsequent developer(s) of the
"Property" .
3.3 "OWNER": means and refers to Foothill Knights, LLC, whose
address is 757 West Bankside Drive, Eagle, Idaho 83616, the party that
owns said "Property" and shall include any subsequent owner(s) of the
"Property" .
3.4 "PROPERTY": means and refers to that certain parcel(s) of
"Property"located in the County of Ada, City of Meridian as described
in Exhibit A describing the parcels to be annexed and zoned C-G
(General Commercial District) attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11 which are herein specified as follows:
Construction and development 0/ a Certificate o/Zoning Compliance
shall be submitted to the City 0/ Meridian prior to a future
development in the C-G zone, and the pertinent provisions o/the City
0/ Meridian Comprehensive Plan are applicable to this AZ 06-006
application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION
PAGE 3 OF 11
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with
the following special conditions:
5.1.1 That all future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors.
5.1.2 That all future development of the subject property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
the development.
5.1.3 That the applicant be responsible for all costs associated with the sewer
and water service extension.
5.1.4 That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5.1.5 That prior to issuance of nay building permit, the subject property shall
be subdivided in accordance with the City of Meridian Unified
Development Code.
5.1.6 That a 25-foot wide commercial drive aisle, sewer, and water shall be
stubbed to the property located at 6175 N. Linder Road.
5.1.7 That development of the property shall comply substantially with the
conceptual site plan shown on the preliminary plat dated January 5,
2006.
5.1.8 That the applicant shall provide signage which indicates that there is an
exit towards W. Everest Lane.
5.1.9 That the applicant shall provide evidence of a recorded cross access
easement with the development to the west for access to W. Everest
Lane, which is a private street.
DEVELOPMENT AGREEMENT (AZ 06.006) KNIGHTHILL CENTER SUBDIVISION
PAGE 4 OF 11
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Developer" and/or "Owner" or "Developers" and/or "Owners" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of
Subject Property" of this agreement within two years of the date this Agreement is effective,
and after the "City" has complied with the notice and hearing procedures as outlined in Idaho
Code ~ 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" and/or "Owner" consents upon default to the reversal of the
zoning designation ofthe "Property" subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the "City" provide written notice of any failure to comply with this
Agreement to "Developer" and/or "Owner and if the "Developer"
and/or "Owner" fails to cure such failure within six (6) months of such
notice.
8. INSPECTION: "Developer" and/or "Owner" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as required
by this agreement or by City ordinance or policy, notify the City Engineer and request the
City Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
9.
DEFAULT:
9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or
"Owner'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 modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "Developer" and/or "Owner" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION
PAGE 5 OF 11
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer"
and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection
with the re-zoning of the "Property" by the City Council. If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection with the annexation
and zoning of the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Developer" and/or "Owner", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Developer" and/or "Owner" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, 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.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Developer" and/or "Owner" or "City" is delayed
for causes which 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 oftime of
such delay.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION
PAGE 6 OF 11
allowed under Meridian City Code ~ 12-5-3, to insure that installation ofthe improvements,
which the "Developer" and/or "Owner" agree to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner"
agree that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Developer" and/or "Owner" has entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any event,
no Certificates of Occupancy shall be issued in any phase in which the improvements have
not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or
"Owner" agree to abide by all ordinances of the City of Meridian and the "Property" shall be
subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the
conditions contained in the Findings of Fact and Conclusions of Law, this Development
Agreement, and the Ordinances of the City of Meridian.
16 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:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
Sea 2 Sea, LLC
757 W. Bankside Drive
Eagle, In 83616
OWNER:
Foothill Knights, LLC
757 W. Bankside Drive
Eagle,ID 83616
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian,ID 83642
DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION
PAGE 7 OF 11
16.1 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 ofthis section.
17. 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.
18. 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.
19. 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 "Developer" and/or "Owner" of the "Property", 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 "Developer" and/or "Owner", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Developer" and/or "Owner" has fully
performed its obligations under this Agreement.
20. 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer" and/or
"Owner" 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
DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION
PAGE 8 OF 11
"Developer" and/or "Owner" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by
them or their successors in interest or their assigns, and pursuant, with respect to "City", to a
duly adopted ordinance or resolution of "City".
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER
71A&
By:
-
OWNER
FOOTHILL KNIG S, LLC
DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION
PAGE 9 OF 11
CITY OF MERIDIAN
Attest:
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BY: . 1~~ .'
MAYORTAM deWEERD
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STATE OF IDAHO, )
: ss
County of Ada, )
On this ~ day of :lIJ , \1 , 2006, before me, the undersigned, a
Public in and ~ State, personally appeared
, known or identified to me to be the
of Sea 2 Sea, LLC, acknowledged to me that he
e on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
~~-
Notary Public fi r Idah
Residing at:
My Commission Expires:
DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION
PAGE 10 OF 11
STATE OF IDAHO, )
: ss
County of Ada, )
~ day of - \ ( \ , \ I , 2006, before me, the
Publ' c W and-futi~ridSMe, personally appeared
h known or identified to me to be the
Foothill Knights, LLC, acknowledged to me that he
executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
~Zf~
Notary Public ~ IcJal1 C 'Ii
ResIdmg at: H1JUA..
My Commission EXPires~ /Cfi
(SEAL)
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County of Ada )
On this l<&ih dayof :1LLlL-l ,2006, beforeme,aNotary
Public, personally appeared Tammy de Weerd and WIlham G. Berg, Jr., know or IdentIfied
to me to he the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument OF" the 'person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
iN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official se~J.tl>>i.i~ and year in this certificate first above written.
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DEVELOP~~'tiREEMENT (AZ 06.006) KNIGHTHILL CENTER SUBDIVISION
PAGE 11 OF ] 1
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TOOTHMAN~ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHJNDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 . FAX 208-323.2399
boise@toengrco.com
Project: 05143
Date: December 21, 2005
Page; I of 1
EXHIBIT "An
Land Description for CG Rezone
A par~e1 ofland located in the NE 1f4 of the NE ~ of Section 26, Township 4 North,
Range 1 ~est, Boise Meridian, Ada County, Ida.~o, described as follows:
Beginn~g at a found aluminum cap, marking the corner common to Sections 23, 24,
25 and 26, from -'\iVmch a found brass cap, marking the quarter comer common to said
Sections 25 and 26, bears S.Ooo54'56"W., 2657.54 feet; thence, along the section line
common to said Sections 25 and 26 (centerline ofN. Linder Road),
1) S.OO:~54'56~',~.,i66,3.91 feet; thence, leaving said section line,
. -tr ~
2) N~89004'~9'.'W., 725..02 feet; thence,
!, .
3). N .00021' 13'-'W.. 656.84 feet to the centerline of W. Chinden Boulevard; thence,
along said centerline theJollowing,courses:
4) S.89038'47"E., 650.61 feet to the beginning of a tangent curve; thence,
5) Southeasterly along said curve to the right, having a radius of 34,377.48 feet, an
arc length of 80.89 feet, through a central angle of 00008'05", and a chord bearing
and distance of 8.89034' 44''E., 80.89 feet to the POINT OF BEGINNING.
CONTAINING: 11.04 acres, more or less.
SUBJECT TO: All Covenants, Rights, Rights-of-Way, Easements of Record and any
Encunibr~ces. '
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MERIDIANS De-Pi.
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H:\05143\WP liles\DESCRIPTlONS\OS I 43-€xhA-CO Rezone.doc
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Annexation and Zoning (AZ) from RUT to C-G and Preliminary Plat (PP)
approval of 4 commercial building lots and 1 common/other lot on 10.01 acres for
Knighthill Center Subdivision, by Sea 2 Sea, LLC.
RECEIVED
Case No(s): AZ-06-006 and PP-06-005
For the City Council Hearing Date of: May 9, 2006
MAY 1 8 2006
A. Findings of Fact
City of Meridian
City Clerk Office
1. Hearing Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 9,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 9, 2006 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 (LC. 967-6503),
2. The Meridian City Council takes judicial notice ofits 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 August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ..Q6-006 /PP-06-005 - PAGE 1 of 4
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of May 9,
2006 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 tbe 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated January 5, 2006 is hereby conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of May 9, 2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. 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 iftbe applicant fails to record a final plat
within two (2) years oftbe approval ofthe preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. 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 eighteen (18) months, maybe considered for
final approval without resubmission for preliminary plat approval. 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 record the fmal plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months 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
CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-006! PP-06-00S . PAGE 2 of4
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.
E. Notice afFinal Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit 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, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval 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 9, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-006 I PP-06-005 - PAGE 3 of 4
By action of the City Council at its regular meeting held on the 2.3 "':!!: day of
,2006.
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED /11;~
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED -
Attest:
-;
/ ST? CI'
c::?~,&. 7. ~A'il.lu rf,
William G. Berg, Jr., ity Clerk'\. ~_ ., 1f5"{. '" R j;:;
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Copy served upon Applicant, The Planning uepartment, Public Works Department and City
Attorney.
BY:~M~ lVJ
. Clerk
Dated: 5- 30 --at II
-
CITY OF MERIDIAN fTNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-006 / PP-06-005 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPO~T FOR TIlE HEARING DATE OF MAY 9,2006
ST AFF REPORT
City Council Hearing
Hearing Date: 5/9/2006
Mayor and City Council
Josh Wilson, Associate City Planner
Knighthill Center Subdivision
. AZ.06.006
Annexation and Zoning of 10.01 acres from RUT to C-G zone
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. PP.06.005
Preliminary Plat of 4 commercial building lots and 1 common lot on 10.01
acres in a proposed C.G zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Sea 2 Sea, LLC, has applied for Annexation and Zoning (AZ) of 10.01 acres from RUT
(Ada County) to C.G (General Retail and Service Commercial) and Preliminary Plat approval of 4
commercial building lots and 1 common lot on 10.01 acres. The applicant has submitted a conceptual site
plan which shows retail, restaurant and financial institution uses on tile property. The site is located on
the southwest comer ofN. Linder Road and Chinden Road (SH 20/26).
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on March 2 and April 6, 2006. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Shawn Nickel
ii. In opposition: None.
iii. Commenting: None.
iv. Staff presenting application: Josh Wilson.
v, Other staff commenting on application: None.
b. Key Issues of Discussion by Commission:
1. Appearance of the rear of the proposed buildings from W. Everest Lane
ii. Access to W. Everest Lane, which is a private street
c. Key Commission Changes to Staff Recommendation:
i. Add a Condition which states: "The applicant shall modify the plat to include a
cross access/parking easement for all lots within the subdivision."
u. Add a restriction to the Development Agreement which states: "The applicant
shall provide signage which indicates that there is an exit towards W. Everest
Lane."
iii. Add a restriction to the Development Agreement which states: "The applicant
shall provide evidence of a recorded cross access easement with the development
to the west for access to W. Everest Lane, which is a private street."
d. Outstanding Issue(s) for City Council:
i, None.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
Knighthill Center Subdivision AZ-06-006, PP-06-00S
PAGE I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
06.006 and PP.06-00S as presented in the staff report for the hearing date of May 9, 2006, with
the following modifications to the proposed development agreement: (add any proposed
modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ.06~
006 and PP-06-005 as presented in the staff report for the hearing date of May 9, 2006, for the
following reasons: (you should state specific reasons for denial of the annexation request.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers
AZ-06-006 and PP-06-Q05 to the hearing date of (insert continued hearing date here) for the
following reason(s): (you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
Southwest comer ofN. Linder Road and Chinden Road (SH 20/26)
NE ~, NE ~. Section 26, T4N R1 W
b. Owners:
Foothill Knights, LLC
757 W. Bankside Drive
Eagle, Idaho 83616
c. Applicant:
Sea 2 Sea, LLC
757 W. Bankside Drive
Eagle, Idaho 83616
d. Representative: Shawn Nickel, SLN Planning, Inc.
e. Present Zoning: RUT
f. Present Comprehensive Plan Designation: Low Density Residential
g. Description of Applicant's Request:
1. Date of Preliminary Plat (attached as Exhibit AI): January 5,2006
2. Date of Landscape Plan (attached as Exhibit A2): January 4, 2006
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions ofUDe 11-SB~3, a public hearing is required before the City
Council on this matter.
b. The subject application will in fact constitute a preliminary plat as detemlined by City
Ordinance. By reason of the provisions ofUDC 11.6B-2, a public hearing is required before
tbe City Council on this matter.
c. Newspaper notifications published on: April 17 and May 1,2006
d. Radius notices mailed to properties within 300 feet on: April14, 2006
Knighthill Center Subdivision AZ-06-006, PP-06-00S
PAGE 2
CITY OF MERJDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
e. Applicant posted notice on site by: May 1, 2006
6. LAND USE
a. Existing Land Use(s): Vacant land
b. Description of Character of Surrounding Area: The property sits on the southwest comer of
Linder Road and Chinden Road, which are both major roadways in the area and carry large
amounts of vehicular traffic. To the south and west is Lochsa Falls Subdivision, which
contains over 800 single family homes and vacant commercial lots along Chinden Road.
c. Adjacent Land Use and Zoning
1. North: Chinden Road and vacant land. zoned RUT (Ada County).
2. East: Vacant land, zoned RUT (Ada County).
3. South: Lochsa Falls Subdivision, zoned R-4.
4. West: Lochsa Falls Subdivision. zoned R-4.
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: There is currently sewer in W. Everest Lane and N. Gertie
Place.
Location of water: There are water stubs in W. Everest Land and N. Gertie
Place.
Issues or concerns: Water main sizing.
2. Vegetation: None.
3. Flood plain: NA
4. CanalslDitches Irrigation: No major facilities.
5. Hazards: None known.
6. Proposed Zoning: C-G
7. Size of Property: 10.01 acres
f. Subdivision Plat Information
1. Residential Lots: 0
2. Non-residential Lots: 4
3. Total Building Lots: 4
4. Common Lots: 1
5. Other Lots: N/A
6. Total Lots: 5
7. Open Lots:
g. Landscaping
1. Width of street buffer(s):
35 feet on Linder Road and Chinden Road.
Knighthill Center Subdivision AZ-06-006, PP-06-00S
PAGE 3
crTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
2. Width ofbuffer(s) between land uses: 25 feet
3. Percentage of site as open space: 1.01 acres/lO%
4. Other landscaping standards:
h. Proposed and Required Non-Residential Setbacks: per the C-G zone
CoG Standard
Front o feet
Side o feet
Rear o feet
Max. Building Height 65 feet
Min. Lot Size None
Min. Street Frontage None
I. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the development will be from N. Linder Road to the east and from W. Everest Lane to the
west. A private commercial drive aisle will provide traffic circulation through the site. A
connection will also be made to the stub (N Gertie Place) provided from the south by Lochsa
Falls Subdivision. The subject property does have frontage along Chinden Boulevard (State
Highway 20~26) but is not proposing direct access to that facility.
7. COMMENTS MEETING
On February 10, 2005 Planning Staff held an agency comments meeting. The agencies and departments
present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use
Map. Medium density residential areas are anticipated to contain between three and eight dwellings per
acre (see Page 95 of the Comprehensive Plan.) NOTE: The designation of the subject site on the
Comprehensive Plan Future Land Use Map is proposed to be amended to "Mixed Use Community" with
the current North Meridian Area Comprehensive Plan Amendment (NMA CPA). The NMA CPA is
scheduled to be on the March 7, 2006 City Council agenda. If approved by the City Council, as
recommended by the Corrunission, this application would comply with the new map designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy);
. Chapter vn, Goal 1lI, Objective A, Action 1 - Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the subject
property. The City of Meridian plans to provide municipal services to the lands proposed to be
annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the developer's expense.
KnighthilJ Center Subdivision AZ-06-006, PP-06-00S
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE llE.A1IDJG DATE OF MAY 9,2006
· The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department,
who currently shares resource and personnel with the Meridian Rural Fire Department.
· The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
· The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
· The subject lands are currently serviced by the Meridian School District #2. This service will
not change.
· The subject lands are currently serviced by the Meridian Library District. This service will
not change and the Meridian Library District should suffer no revenue loss as a result of the
subject annexation.
Municipal. fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department. the Meridian Water Department, the Meridian Wastewater
Department. the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
The submitted preliminary plat proposes to connect to the public stub street from Lochsa Falls
Subdivision to the south and the private stub street from Lochsa Falls Subdivision to the west.
· Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial streets.
The applicant has proposed one curb cut on N Linder Road, which was approved by ACHD and is
supported by staff
. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII,
Goal 1, Objective B)
The proposed use does contribute to the variety of commercial uses in this area. as envisioned with
the Comprehensive Plan Amendment.
. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter vn, Goal IV,
Objective D, Action item 2)
The Idaho Transportation Department (ITD) has previously submitted letters to the City stating that
their policy jar access to a Type IV Principal Anerial will be at intersections only, and spaced at one-
half mile intervals in urban areas. [TD allows approaches (other than intersections) in special cases
and on a temporary basis. Staff finds that the proposal of no access point to Chinden Boulevard (SH
20-26) meets the location requirements of lTD. Further, staff finds that Ten Mile Road will serve as
the access point to Chinden Boulevardfor all the properties in this section. lTD has conditioned the
subdivision for additional rights of way along Chinden Boulevard. a redesign of the proposal dated
July 05, 2005 has been submitted which shows the right-ol-way line at 90 feet to center line for
approximately thellrst 500 feet east olthe centerline ofTen Mile Road.
Knighthill Center Subdivision AZ.06-006. PP-06-005
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF MAY 9,2006
The applicant is requesting to retain Lot 30, Block 1 of the design dated January 19,2006. This lot
should be noted on the plat that it is for future right of way reservation for when lTD roadway
improvements occur. The width of right of way reservations shall be as set forth by the lTD, UDC
11-3H-3C.2
Staff believes that the proposed zoning for this property is appropriate. Staff recommends that the
Commission and Council rely on any verbal or written testimony that may be provided at the public
hearing when determining if the applicant's zoning and development request is appropriate for this
property.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2B-2 lists retail, restaurants, and financial
institutions as a Permitted Uses in the CoG zone.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the
retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four 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.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive
Plan and the general compliance of the proposed development with the Zoning Ordinance, staff
believes that this is a good location for the proposed single family development. Please see
Exhibit D for detailed analysis of facts and findings.
The annexation legal description submitted with the application (prepared on December 22, 2005
by Jeffery McAllister, PLS) shows the property as contiguous to the existing cOIporate boundary
of the City of Meridian.
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of annexation ordinance adoption), and
the developer. The aDDlicant shall contact the City Attorney. Bill Nary. at 888-4433 to initiate this
Drocess within 18 months of City Council approval of the annexation request. The DA shall
incorporate the following:
. All furore uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production oftraffic, noise. smoke, fumes, glare or odors.
· All future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
· The applicant will be responsible for all costs associated with the sewer and water service
extension.
· Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service, per City Ordinance Section 5-7-517, when services are available
from the City of Meridian. Wells may be used for nonwdomestic purposes such as landscape
ilTigation.
· Prior to issuance of any building permit, the subject property shall be subdivided in
accordance with the City of Meridian Unified Development Code.
. A 25-foot wide commercial drive aisle, sewer, and water shall be stubbed to the property
located at 6175 N. Linder Road.
Knighthill Center Subdivision AZ-06-0Q6, PP-06-005
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR Tfffi HEARING DATE OF MAY 9, 2006
· Development of the property shall comply substantially with the conceptual site plan shown
on the preliminary plat dated January 5, 2006.
· The aoplicant shall provide sieoalle which Indicates that there is an exit towards W.
Everest Lane.
· The BPolicant shall orovide evidence of a recorded cross access easement with the
development to the west for access to W. Everest Lane. which is a private street.
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed commercial development.
Please see Exhibit D for detailed analysis of facts and findings.
1. Rieht of wav alone: Chinden: The submitted preliminary plat dated January 5, 2006
shows a 1 DO-foot from centerline right-of-way on Chinden Road, which is consistent with
the Idaho Transportation Department's requirements along Chinden Road.
2. Conifers in Street Buffer alon!2: Linder and Chinden: The submitted landscape plan
shows coniferous trees located in the street buffer adjacent to Linder Road and Chinden
Road. Per UDC 11-3B-5C conifers are prohibited in street buffers, unless planted in the
middle of a buffer which is 20 feet wider, or wider. Please modify the landscape plan
prior to submittal of final plat to show conifers placed ONLY in the middle of the
required street buffer.
3. Parkin!! Lot Landscaoing: Landscape plans shall be submitted with the Certificate of
Zoning Compliance applications for the development which comply with City Code.
Specifically, the submitted conceptual site plan does not provide landscape islands and
associated vegetation as required by UDC 11-3B-8C2.
4. Desie:n Review: Per UDC 11-3A-19, the structures within the development shall be
subject to administrative design review and a Design Review application shall submitted
concurrently with the application for Certificate of Zoning Compliance.
5. Stub Streets: Staff is supportive of the connections to the two stub streets from the south
and west from Lochsa Falls Subdivision. The preliminary plat should be revised to show
a stubbed commercial drive aisle and cross access easement to the north property line of
the property located to the south of the entrance offofN. Linder Road, known as 6175 N.
Linder Road.
6. Pressure IrrilZation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize 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 signature on the final plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11-3A-15
and MeC 9-1-28.
7. Common Areas: Maintenance of all common areas shall be the responsibility of the
Knighthi11 Center Business Owners' Association.
Knighthill Center Subdivision AZ-06-006, PP-06-00S
PAGE 7
CITY OF MERIDIAN PLANNING- DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
8. Ditches. Laterals. and Canals: Per UDC 11-3A.6 all irrigation ditches, laterals or canals,
exclusive of natural waterways and waterways being used as amenities, that intersect,
cross or lie within the area being subdivided shall be covered.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated; January 4, 2006)
2. Landscape Plan (dated: January 5, 2006)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
Knighthill Center Subdivision AZ-06-006, PP-Q6-005
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
A. Drawings
1. Preliminary Plat (dated: January 4,2006)
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9,2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXA nON COMMENTS
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of annexation ordinance adoption), and
the developer. The applicant shall contact the City Attornev. Bill Nary, at 888-4433 to initiate this
process within 18 months of City Council approval of the annexation reQuest. The DA shall
inco'l'orate the following:
· All furore uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
· All future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
· The applicant will be responsible for all costs associated with the sewer and water service
extension.
· Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service, per City Ordinance Section 5-7-517, when services <!Ie available
from the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
· Prior to issuance of any building pennit, the subject property be subdivided in accordance
with the City of Meridian Unified Development Code.
· A 25-foot wide conunercia1 drive aisle, sewer, and water shall be stubbed to the property
located at 6175 N. Linder Road.
· Development of the property shall comply substantially with the conceptual site plan shown
on the preliminary plat dated January 5, 2006.
· The aoplicant shall provide silZTlall;e which indicates that there is an exit towards W. Everest
Lane.
. The apolicant shall provide evidence of a recorded cross access easement with the
development to the west for access to W. Everest Lane, which is a private street.
. That the aoolicant bas offered. and shall provide. sidewalk aloD2 the landscape butTer
areas on the south side of the development and UP to Everest Lane.
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 The preliminary plat prepared by Toothman-Orton Engineering, dated January 4, 2006, is
approved, with the conditions listed herein. All conunents/conditions of the accompanying
AIlllexation/Zoning (AZ-06-006) shall also be considered conditions of the Preliminary Plat (pp.
06.005).
1.2.2 Maintenance of all common areas shall be the responsibility of the Knighthil1 Center Subdivision
Business Owner's Association.
1.2.3 The aoplicant shall modify the plat to include a cross access/parking easement for 81110ts within
the subdivision.
1.2.4 The preliminary plat shall be modified to reflect the conditions contained in this report and 10
copies shall be submitted no later than 10 days prior to the City Council hearing on the
applications.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
1.2.5 The landscape plan shaH be modified to reflect the conditions contained in this report and the
revised preliminary plat and shall be submitted with the final plat application.
1.2.6 Modify the landscape plan prior to submittal of final plat to show conifers placed ONLY in the
middle of the required street buffer along Chinden Road and Linder Road.
1.2.7 Landscape plans shall be submitted with the Certificate of Zoning Compliance applications for
the development which comply with City Code. Specifically, the submitted conceptual site plan
does not provide landscape islands and associated vegetation as required by UDC 11-3B.8C2.
1.2.8 Per UDC 11-3A-19, the structures within the development shall be subject to administrative
design review and a Design Review application shall submitted concurrently with the application
for Certificate of Zoning Compliance.
1.2.9 The preliminary plat shall be revised to provide a stubbed 25-foot wide commercial drive aisle
and cross access easement to the north property line of the property known as 6175 N. Linder
Road.
I .2,10 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC J 1-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11.3B. If
the storm water detention facility cannot be incorporated into the approved open space and still
meet the standards of UDC 11.3A.18, then the applicant shall relocate the facility. This may
require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACHD, City of Meridian and all other regulatory requirements at the
time of final construction.
1.2.1 I Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff.
1.2.12 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and
waterways being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered.
1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A.17.
1.3.2 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 utilize 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
signature on the final plat by the City Engineer. An underground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 and MCC 9-1.28.
1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application.
1.3.4 The applicant shall submit a detailed fencing plan with the fmal plat application for the
subdivision. If pennanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fences
Exhibit B
CrTy OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9,2006
should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be
installed in accordance with UDC I 1-3A.7. '
1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-
3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department. If
lateral users association approval can not be obtained, alternate plans will be reviewed and
approved by the City Engineer prior to final plat signature.
1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved
alUlexationlconditional use does not relieve the applicant of responsibility for compliance.
1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B.7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in N.Gertie
Place and W. Everest Lane. The applicant shall install all mains necessary to provide service;
applicant shan coordinate main size and routing with the Public Works Department, and execute
standard forms of easements for any mains that are required to provide service. 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 with the City of Meridian Public Works
Departments Standard Specifications.
2.2 Water service to this site is being proposed via extension of mains in W. Everest Lane and N.
Gertie Place. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works, and execute standard forms of
easements for any mains that are required to provide service.
2.3 The preliminary plat indicates all new water mains will be eight-inch. The applicant shall be
required to install a twelve-inch main from the twelve-inch main io W. Everett to Linder Road,
with a connection to the twelve inch main located to the south of this project in Linder Road. The
shall be in lieu of running water main in the arterial frontages.
2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.5 A pressurized irrigation system is required for all subdivisions per UDC 11-3A-15. The applicant
has not indicated who will own and operate the pressure irrigation system in this proposed
development. Ifit is to be maintained as a private system, plans and specifications will be
reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft" being required prior to final plat signature on the last phase of this project.
I f it is to be owned and maintained by an Irrigation District then evidence of a license agreement
shall be submitted prior to scheduling of a pre-construction meeting.
2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or wen source is not available, a single-point
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9,2006
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
signature on the final plat by the City Engineer.
2.7 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non~
domestic purposes such as landscape irrigation.
2.8 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.9 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved and the Final Plat for this subdivision shall be
recorded, prior to applying for building pennits.
2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.12 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2,14 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.
2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.17 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.
3. FIRE DEPARTMENT
Exhibit B
CITY OF MERIDIAN PLANNING DBPARTMENT STAFF REPORT FOR THB HEARING DATE OF MAY 9,2006
1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department
and water quality by the Meridian Water Department for bacteria testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above fmish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to
existing buildings within 1,000 feet of the project.
3. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48'
outside radius.
4. All common driveways shall be straight or have a turning radius of 28' inside and 48'
outside and shall have a clear driving surface which is 20' wide.
5. Provide a 20. foot wide Fire Lane for all internal roadways all roadways shall be marked
in accordance with Appendix D Section Dl 03.6 Signs.
6. For all Fire Lanes, provide signage "No Parking Fire Lane".
7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
8. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
9. Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
10. Building setbacks shall be per the International Building Code for one and two story
construction.
11. The roadways shall be built to Ada County Highway Standards cross section
requirements and shall have a clear driving surface, available at all times, which is 20'
wide. Streets with less than a 29' street width shall have no parking. Streets with less
than 33' shall have parking only on one side. These measurements shall be based on the
face of curb dimension. The roadway shall be able to accommodate an imposed load of
75,000 GVW.
12. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be placed per
Appendix D.
13. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be borne by the developer.
14. Maintain a separation of 5' from the building to the dumpster enclosure.
15. Provide a Knox box entty system for the complex prior to occupancy.
16. The first digit of the Apartment/Office Suite shall correspond to the floor level.
17. The applicant shall work with Planning Department staff to provide an address identification
plan and a sign which meets the requirements of the City of Meridian sign ordinance at the
required intersection(s).
Exhibit B
CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
18. All portions of the buildings located on this project must be within 150' of a paved surface
as measured around the perimeter of the building.
19. Provide exterior egress lighting as required by the International Building & Fire Codes.
20. There shall be a fire hydrant within 100' of all Fire Department connections.
4. POLICE DEPARTMENT
1. The Police Department would like the proposed financial institution relocated from the
northeast comer of the site to the southeast comer of the site for better police visibility
and approach.
5. PARKS DEPARTMENT
1. The Parks Department has no concerns with the site design as submitted with the
application.
6. SANITARY SERVICE COMPANY
1. Please contact Bill Gregory at SSG (888-3999) for detailed review of your proposal and
submit stamped (approved) plans with your certificate of zoning compliance application.
7. ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of 'AD Dr oval
1. Dedicate a total of 48-feet of right. of. way from the centerline of Linder Road abutting the parcel
by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be
completed and signed by the applicant prior to scheduling the fmal plat for signature by the
ACHD Commission or prior to issuance of a building permit (or other required pennits),
whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after
receipt of all requested material. The owner will be paid the fair market value of the right-of.way
dedicated which is an addition to existing ACHD right-of-way.
2. Construct a 5-foot detached concrete sidewalk abutting the site on Linder Road. The sidewalk
shall be located a minimum of 41-feet from the centerline of the roadway. The applicant should
work with ACHD and the landowner of the out-parcel that fronts on Linder Road to extend a
continuous sidewalk to the intersection of Linder Road and Chinden Boulevard.
3. Construct a northbound left-turn lane on Linder Road at the site access intersection.
4. Construct a curb return full access driveway on Linder Road located at the south property line
(approximately 600-feet south of Chin den Boulevard), as proposed. construct a separate left and
right turn lane for the eastbound (exiting) approach.
5. Comply with the requirements of the Idaho Transportation Department for right-oi-way, access,
and improvements to Chinden Boulevard (US 20/26).
6. Connect to Gertie Place, a public stub street at the south property line, as proposed.
. 7. Connect to Everest Street, a private street at the west property line, as proposed.
8. Provide a cross-access easement to the 0.6-acre out-parcel to the south, as proposed.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9,2006
9. Other than the access specifically approved with this application, direct lot access is prohibited to
Linder Road and shall be noted on the final plat.
10. Comply with all Standard Conditions of Approval.
Standard Conditions of'Aooroval
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387~6280 (with file
number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five yea~ old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required permits), which incorporates any required design changes.
9. Construction, use and property development shaH be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
12. No change in the terms and conditions ofthis approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIiE HEARING DATE OF MAY 9, 2006
C. Legal Description
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Exhibit C
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9,2006
D. Required Findings from Zoning Ordinance
1. Annexation Findings:
Upon recommendation from the Commission, the Councll shaD make a full investigation
and shall, at the public bearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies witb tbe applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to C-G. City Council fmds
that the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
City Council finds that retail, restaurant, and financial institution uses are allowed within
the requested zoning district of C~G as a Principally Permitted Use. The accompanying
plat demonstrates the land will be developed with lot sizes and other dimensional
requirements that confolll1 to the proposed zoning designation.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing pUblic services within tbe City
Including, but not limited to, school districts; and,
City 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.
5. The annexation Is In the best of Interest of the City (UDC 11-5B-3.E).
City Council finds that all essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public
funds. The applicant is proposing to develop the land in general compliance with the
City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance
with the findings listed above, City Council finds that Annexation and Zoning of this
orooertv to C-G would be in the best interest of the City.
2. Preliminary Plat Findings:
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;
City Council finds that the proposed application is in substantial compliance with the
adopted Comprehensive Plan. City Council generally supports the proposed plat layout as
Ellhibit D
.::;~ .-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
it complies with the provisions of the Comprehensive Plan. Please see Comprehensive
Plan Policies and Goals, Section 8, of the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
City Council finds that public services are available to accommodate the proposed
development. (See finding Items 3 and 4 above WIder Annexation Findings for more
details. )
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, City Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services fOf the proposed
development;
See finding "Items 3 and 4 above under Annexation Findings above, and the Agency
Comments and Conditions in Exhibit B for more detail.
5. The development will not be detrimental to the public health, safety or general
welfare; and
City Council is not aware of any health, safety or environmental problems associated
with the development of this subdivision that should be brought to the Council or
Commission's attention. ACHD considers road safety issues in their analysis.
6. The development preserves significant natural, scenic or historic features.
City Council is unaware of any natural, scenic or historic features on this site. Therefore,
City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural, scenic or historic feature(s) of major importance.
Ex.hibit D