Southridge 31 AZ 08-016ADA COUNTY RECORDER J. DAVID NAVARRO .AMOUNT .00 ~
BOISE IDAHO 06t2'1J09 01:06 PM
DEPUTY Yield Allen III I~IIII~III~IIIIIIII'IIIIIIIII II ~II
RECORDED-REQUEST OF 1~~~~31~~
Meridian City
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. James L. Jewett & Cari Jewett, JLJ Enterprises, Inc., Eck Family
Limited Partnership, and Meridian Mile, LLC, Owners
3. James L. Jewett, Developer
~S DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this ~ day of ~~laf1L , 2009, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and James L. Jewett & Cari Jewett,
1560 Carol Street, Meridian, ID 83642; JLJ Enterprises, Inc.,1560 Carol Street, Meridian, ID
83642; Eck Family Limited Partnership, 6152 W. Half Moon Lane, Eagle, ID 83616;
Meridian Mile, LLC, 167 Cherry Street, Ste 288, Milford, CT 06460, hereinafter called
OWNERS and JLJ Enterprises, Inc, 1560 Carol Street, Meridian, ID 83642, hereinafter
called DEVELOPER.
RECITALS:
1.1 WHEREAS, Owners 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. § 67-6511 A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owners and/or Developer make a written commitment concerning the
use or development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Developer has submitted an application for re-zoning
of the Property described in Exhibit A, and has requested a
designation of M-E (Mixed Employment District) (Municipal Code
of the City of Meridian); and
1.5 WHEREAS, Owners and/or Developer made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 1 OF 13
subject Property will be developed and what improvements will be
made; and
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 29`~ day of April, 2009, has approved
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 Owners and Developer to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 OWNER and DEVELOPER 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 Owners and Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this 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 Unified Development
Code, 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 aze incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 2 OF 13
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Broadway
Avenue, Meridian, Idaho 83642.
3.2 OWNERS: means and refers James L. Jewett & Cari Jewett, 1560
Carol Street, Meridian, ID 83642; JLJ Enterprises, Inc., 1560 Carol
Street, Meridian, ID 83642; Eck Family Limited Partnership, 6152
W. Half Moon Lane, Eagle, ID 83616; and Meridian Mile, LLC,
167 Cherry Street, Ste 288, Milford, CT 06460, the parties that
own said Property and shall include any subsequent owner(s) of the
Property.
3.3 DEVELOPER: means and refers to JLJ Enterprises, Inc., 1560
Carol Street, Meridian, ID 83642, the party that is developing said
Property and shall include any subsequent developer(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 re-zoned M-E (Mixed
Employment District) attached hereto and by this reference
incorporated herein as if set forth at length.
4. U5ES PERMITTED BY THIS AGREEMENT:
PROPERTY:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
5.1. Owners and Developer shall develop the Property in accordance with the
following special conditions:
1. Future development of this site shall comply with all UDC standards, including
DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 3 OF 13
current design standards in effect at the time of development, and the standards of
the Ten Mile Specific Area Plan.
2. The applicant shall modify the subject Development Agreement to include a
specific site plan showing how the site is proposed to develop prior to submittal
of the first development application for this site. The plan shall be consistent with
the standards of the Ten Mile Specific Area Plan and current design standards in
effect at the time of development. At a minimum, the plan shall incorporate the
following features: 1) a round-about for more efficient circulation at the
intersection of Market Square Way and Tasa Drive; 2) structures shall be located
adjacent to streets with parking at the rear and sides of the structure; 3) a stub
street shall be provided at the east property boundary for future interconnectivity
and to reduce access points to Overland Road; 4) public plaza area(s) shall be
provided within the site generally along an axial alignment with any large
structure or framed by a configuration of smaller structures and as a focal point to
the development in an area (size) proportional to the development; and 5) a
vehicular and pedestrian connection shall be provided from the cul-de-sac at W.
Old Market Court to W. Tasa Drive.
3. Extend Tasa Drive as a stub street to the east property boundary for future
interconnectivity upon development of the property to the east.
4. Per UDC 11-3B-lOC, mitigation is required for all existing healthy trees 4-inch
caliper or greater that are removed from the site with equal replacement of the
total calipers lost on site up to an amount of 100°Io replacement. The applicant
shall contact Elroy Huff, City Arborist, at 888-3579 prior to removing any trees
from the site to determine the amount of mitigation required for this site.
5. A Certificate of Zoning Compliance application is required to be submitted for all
new structures/uses on this site.
6. The operation of construction activities related to the I-84 widening and
construction of the Ten Mile interchange on this site shall be allowed as an
accessory use to these projects. Upon completion of the Ten Mile interchange, the
operation of the batch plant shall cease; equipment and any remaining stock piles
shall be removed from the site and the site shall be restored to a clean condition.
7. The contractor shall provide flaggers at the Ten Mile/Overland intersection from
6:30 am to 9:00 am and 3:30 pm to 7:00 pm through the completion of the
operation of the batch plant for the current interstate widening project to ensure
smooth traffic flow for both residential and construction equipment.
8. The contractor shall regularly water the site with a water truck to alleviate dust
issues created from construction activities on the site;
9. All future accessory uses on this site are subject to review and approval by the
Planning Director;
10. All future accessory uses on this site associated with the expansion of the Ten
Mile interchange shall comply with all DEQ, Idaho Department of Lands, Idaho
DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 4 OF 13
Transportation Department, Federal Highway Administration environmental
regulations, and EPA air quality and water quality provisions and requirements.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon an uncured material default of the Owners and/or Developer or Owners' and/or
Developer's heirs, successors, assigns, to comply with Section 5 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:
Owners and/or Developer consent upon default to the reversal of the zoning
designation of the 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 Owners and/or Developer and if the Owners and/or
Developer fails to cure such failure within six (6) months of such
notice.
8. DEFAULT:
8.1 In the event Owners and/or Developer, or Owners' and/or
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.
8.2 A waiver by City of any default by Owners and/or Developer of any
one 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 Ciry or apply to any subsequent breach of any such or
other covenants and conditions.
9. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners'
and/or Developer's cost, and submit proof of such recording to Owners and/or Developer,
prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning
of the Property by the City Council. ff for any reason after such recordation, the City
DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 5 OF 13
Council fails to adopt the ordinance in connection with the annexation and zoning of the
Property contemplated hereby, the City shall execute and record an appropriate instrument of
release of this Agreement.
10. BONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
11. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owners and/or Developer, 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.
11.1 Subject to Sections 6 and 7 of this Agreement, in the event of an
uncured material breach of this Agreement, the parties agree that City
and Owners and/or Developer 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 reasonably necessary to
complete the curing of the same with diligence and continuity.
11.2 In the event the performance of any covenant to be performed
hereunder by either Owners and/or Developer 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 of time of
such delay.
12. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian Ciry Code § 11-5-C, to insure that installation of the improvements, which the
Owners and/or Developer agrees to provide, if required by the City.
13. CERTIFICATE OF OCCUPANCY: The Owners and/or Developer agree
that no Certificates of Occupancy will be issued until all improvements are completed, unless
the City and Owners and/or Developer 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.
DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 6 OF 13
14. ABIDE BY ALL CITY ORDINANCES: That Owners and Developer 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.
15. 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:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
OWNERS:
James L. Jewett & Cari Jewett
1560 Carol Street
Meridian, ID 83642
DEVELOPER:
JLJ Enterprises, Inc
1560 Cazol Street
Meridian, ID 83642
Eck Family Limited Partnership
6152 W. Half Moon Lane
Eagle, ID 83616
JLJ Enterprises, Inc.
1560 Carol Street
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
Meridian Mile, LLC
167 Cherry Street, Ste 288
Milford, CT 06460
15.1 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.
16. 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 sepazate
contract between the parties and shall survive any default, termination or forfeiture of this
Agreement.
DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 7 OF 13
17. 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.
18. 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 Owners and/or Developer 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 Properly, 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 Owners and/or Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable
discretion, had determined that Owners and/or Developer have fully performed its
obligations under this Agreement.
19. 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.
20. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owners and/or 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 Owners
and/or 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 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.
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.
DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 8 OF 13
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERS:
JLJ $NTERPRISES, INC.
By:
FAMILY LIMITED PARTNERSHIP
~-
MERIDIAN MILE, LLC
By:
DEVELOPMENT AGREEMENT -
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERS:
JAMES L. TT
C WETT
JI.J ARISES, INC.
By:
ECK FAMILY LIlVIITED PARTNERSHIP
By:
~: ~
~~~
DEVELOPER:
JLJ ENTERPRISES, INC.
/~_
DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-O1 ~ PAGE 9 OF 13
CITY OF MERIDIAN
DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 10 OF 13
STATE OF IDAHO, )
): ss
County of Ada, )
On this ~f +~ day of _ Su,~e 2009, before me, the
undersigned, a Notary Public in and for said State, personally appeared JAMES L.
JEWETT, known or identified to me to be the person who signed the above agreement and
acknowledged to me that he executed the same.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
•
(SEAL) ~ ~~Q` ~ ~~
•
:~ Q ~i' p~'~,
Notary Public or Idaho
Residing at: /VgT, s D
My Commission Expires: - -2 °I- 2p~3
STATE OF IDAHO, )
): ss
County of Ada, )
On this ~~' day of ~~~~_ 2009, before me, the
undersigned, a Notary Public in and for said State, personally appeared CARI JEWETT,
known or identified to me to be the person who signed the above agreement and
acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL) ~~ +~'~ '•y ~ ~w'
~;` $-b'TX~'~ ~ Notary Public for daho
+"~ = Residing at: Nam0a,10
;~ pU8 V~G ~ My Commissionon Expires: I - 2 q - 2a ~ s'
~~'•.~ r8 0~' 10.•'.
DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 11 OF 13
STATE OF IDAHO, )
): ss
County of Ada, )
On this _~ day of S~.ne. 2009, before me, the
undersigned, a Notary Public in and for said State, personally appeared
~+,es L. ~ewb~'f known or identified to me to be the
Pr•s: g~ t of JLJ ENTERPRISES, INC., and 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.
.•°•~~~v L ~O~l~ ,
•• g . ~!
(SEAL) _ ~pTARy,
~~~
pUBL1G
•••'•.,~~ OF tOP••'~
Notary Public for Id o
Residing at: An~ap, i 0
My Commission Expires: I - Z q - 201 ~'
STATE OF IDAHO, )
): ss
County of Ada, )
On this 5+~' da of Anne 2009, before me, the
Y
undersigned, a Notary Public in and for said State, personally appeared
'T ~ m W ~c k known or identified to me to be the
'j"rHS i~e a of ECK FAMILY LIMITED PARTNERSHIP and acknowledged
to me that he executed the same on behalf of said partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
. ...........
(SEAL) ~~.•~ rs'~' ~'••:
• `ipTAR Y
~ ~.•~
~ pve~.~~
rte,, ~~ ~O
•••~~7rF ~ 101-~~~
Notary Public for Idaho
Residing at: _/~/_ Am~a~ ~.D
My Commission Expires: - 2 9 - 2a 13
DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 12 OF 13
STATE OF IDAHO, )
f,3ktiri.Q ): ss
County of )
On this ~~d day of ~~ 2009, before me, the
undersigned, a Notary Public in and for laid State, personally appeared
t rZvd ~wVP,Y known or identified to me to be the
e / ` a.~ ur~ of MERIDIAN MILE, LLC, and acknowledged to me that he
ex~uted 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.
Notary Public f Idaho
Residing at: ~~~ ..~U
My Commission Expires: D /O
STATE OF IDAHO )
ss
County of Ada ) , Oya Gre~'^
On this day of , 200 ,before me, a Notary
Public, personally ap y de eerd and ~eee~e ,know or identified
to me to be the Mayor an erk, respectively, of the City of Meridian, who executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
\~~~\11 N I I CI111 /Il~~',
~, ~~
~~//f'11I MI611N~~~~`
Notary Public for o
Residing at• ~~ .~~~.1~
Commission expires:
DEVFJAPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 13 OF 13
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CITY OF MERIDIAN ~~E IDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND I D A Yi O
DECISION & ORDER
In the Matter of Annexation and Zoning of 36.27 Acres of Land with an M E Zoning
District by James Jewett.
Case No(s). AZ-08-016
For the City Council Hearing Date of: April 7, 2009 (Findings on the April 28, 2009 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 7, 2009,
incorporated by reference)
Z. Process Facts (see attached Staff Report for the hearing date of Apri17, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of Apri17,
2009, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of Apri17, 2009, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local. Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. OZ-382 aad Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
I 1-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CTI`Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-08-016
-I-
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 and the Development Agreement
provisions in the attached Staff Report for the hearing date of Apri17, 2009, 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-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Annexation and Zoning as evidenced by having submitted the legal
description and exhibit map stamped, and dated December 12, 2008 by Hugh W.
Edwards, PLS, is hereby conditionally approved; and,
2. A Development Agreement is required with approval of the subject annexation and
shall include the provisions noted in the attached Staff Report for the hearing date of
April 7, 2009, incorporated by reference.
D. Attached: Staff Report for the hearing date of Apri17, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-0$-Olb
-2-
By action of the City Council at its regular meeting held on the /~(! r. `da of
Y
2009.
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
~y ~'
.~
~~ C~'
a
~`
Attest: ~ S~i~
City Clerk
~'
T ~gZ ~ ~ Q~0~~
~ ~`~
VOTED_1~
VOTED__~~~-
VOTED
VOTED'
VOTED
de Weerd
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By: _~ 1C~~ t'1(~~/~ Dated• _ ~ - 2q
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-0l6
-3-
STAFF REPORT Hearing Date: Apri17, 2009
TO: Mayor & city council
FROM: Sonya Wafters, Associate City Planner
208-8845533
SUBJECT: AZ-U8-016 - Southridge 31
E IDIAN-
~®~~~
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, James Jewett, has applied for Annexation and Zoning (AZ) approval of 36.27 acres of
land from the RUT zoning district in Ada County to the M-E (Mixed Employment) zoning district in
the City.
II. SUMMARY RECONIlVlENDATION
Staff is recommending approval of the proposed annexation with the Development Agreement
provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of
the StaffReport.
request.
a.. Summary of Commission Pablic H +~:
i. In favor: Van Elg (applicant's represe~ative)
ii. In apposition: Georgia Chapin; Joyce Baker: Steve Prisbus: Leo Paga; Jana Piga: Tom
Christensen: Earl Marks: Curtis Elton: Susan Stone
iii. Commenting: Jesse Rosin (Knife River)
iv. Written testimony: Joyce Baker: Melvin Baker• a letter & petition signed by a total of
45 neighbors: response to the staff report from the applicant
v. Staff presenting application: Soava Wafters
vi. Other staff commenting on application: Pete Friedman
b. Kev Issue(s) of Discussion by Commission:
i. The legal status of the current operation of a batch plant in nnincoroorated Ada
County: construction activities related to the wid n~ of I-84 on the site• hours of
operation of the batch plant: term of operation: method of dust control• and traffic
control at the Ten MileJOverland intersection.
ii. Whether or not it's in the best interest of fhe City to aIIow the batch plant and
construction activities to continue to operate on the site if it is annezed.
c. Kev Commission Change(s) to Staff Recommendation:
i. Add a DA provision for the contractor to provide flaggers at the Ten Mile/Overland
intersection daring peak hours to ensure smooth traffic flow for both residential and
canstrgetion eauipme~ (see DA provision #g):
tl. Add a DA provision for the co~ractor to alleviate dust issues from the constriction
activities on the site by watering the area. (see DA provision #h):
iii. Modify DA provision #f per Staff s recommendation. to remove the concrete batch
plant" terminology and iust leave it at uconstraction activities" related to the widening
of I-84 and construction of the Ten Mile i~erchange.
Southridge 31 AZ-(}&016 PAGE 1
d. Outstanding Issne(sl for Citv Canncil:
i. Determine what the "weak hours" are that the contractor is reanired to urovide flamers
at the Ten 1VIilelOverland intersection.
Th e M eridian City Conn '1 hear d this item on An 17.20 9. At he nub is h a ng the Conn
ap prov ed the anbiect A7 reanes t.
~ S mmary of City o Heil Pu b is H Tin :
V
El
Th
L G
'
~ avor:
an
g.
e and
ronv (Annlica~
s Renresentativel: Jim Jewett
(Annlicantl: Jes+~
Rosen Knif er: ik rke: Scott Nich
n H
ls• L
rr
V
~ ~
In onnosiH n: Jana Pnga _
y
a
o
a
eel
: Jovice Bake :Mel n Baker
~ Comment~Lng: None
~ w~tgn t_~timonv: Jovic e Baker and Melvin Baker
apvLicat
Staff pI'~ ion: Sonva Wafters
~, ;;
Othe aff co mentLng on app imdon: nna nninu
IL Ke v Issues of Discussion by Council:
~ The operation of tl±e bat e nla~ and associated nstraction acHvitim related to the I-
, 84 widening and Ten Mi le interchange nroiects on the site:
The value of having t
a he>iatch vlant and associated
.
th
bi i
i
l
h
f
d
i
i
i
e sn
ect vroperty
b. omnliance with DE ose nroz
n c
ty to t
e a
orement
one
nro
m
ects:
O air anality reanirements:
c. ComnLiance wit EP A not emission ats~ndards:
Approval for the bat
d chplant and assodated construction activltiies t overate on the
.
life as an accessory u se to the I
84 widenin
nd Te ile nt han¢e nroiects:
~1 The specific times that th -
g
e contractor will be reared to provide flaggers at the Ten
,~
^ Ke v Council Chang to Staf f/ro mission Recommendation
~ Modifv DA ovisio ~! to reamlre fla~gers t the Ten Mile/Overland intersection from
5:30 auto 9:00 am and 3:30 nm to 7:00 vm through the completion of the operation of
the etch plant for the c Trent erstate wide in$ nroiect~
dd a DA nrovisio #i1 that reanires fatnre accessory uses on t ' sit to be snbiect to
iew and aynroval b
r ~h
Pla~ing Director:
~ ev
v,
1 e,
that reanires future accessory uses on this site associated with
the e~ nsion of he Ten ile ~erchange to comely with an D .O_ Idaho Department
of T.ands_ I Aho T nsno rtation Departmnn Fede l3i hwav A ministration
environmental regulatio ns
and EPA air analitv
and water anglify provisions rind
requirements. _
_
III. PROPOSID MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-08-
016, as presented in the staff report for the hearing date of Apri17, 2009 with the following
modifications: (Add any proposed modifications.}
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ-08-016,
as presented during the hearing on Apri17, 2009, for the following reasons: (Yau should state
specific reasons for denial of the annexation and you must state specific reasons} for the denial of
the plat.)
Southtidge 31 AZ-0$-016 PAGE 2
Co~ainuance
I move to continue File Numbers AZ-08-016 to the hearing date of (insert continued hearing date
here) for the following reason(s): {You should state specific reason(s) for continuance.}
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the northeast corner of W. Overland Road and S. Ten Mile Road, in. the
southwest % of Section 14, Township 3 North, Range 1 West.
Parcel Numbers: 51214336100; 51214336350; 51214336340; S1214336400; and S1214336450
B. Owner(s):
James L. Jewett & ECK Family Limited Partnership, etal
1520 S. Ten Mile Road
Meridian, ID 83642
C. Applicant:
James L. Jewett
1560 Carol Street
Meridian, ID 83642
D. Representative:
Van Elg, The Land Group, Inc. {208-939-4041)
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for an annexation. A public hearing is required before the Flanning &
Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
11, Chapter 5.
B. Newspaper notifications published on: February 2, and 16, 2009 (Commission); March 16. and
30.2009 (City Council)
C. Radius notices mailed to properties within 300 feet on: January 30, 2009 (Commission); March
12.2009 (City Council)
D. Applicant posted notice on site by: February 10, 2009 (Commission); March 27.2009 (City
Cows
VI. LAND USE
A. Existing Land Use(s): A concrete batch plarrt associated with the I-84 construction project
currently exists on the site. There are several existing structures that will be removed upon
development of the site.
B. Character of Surrounding Area and Adjacent Land Use and Zoning. This site is surrounded by
residentiaUagriculturalproperties and borders I-84, Ten Mile Road, and Overland Road.
1. North: Interstate 84; rural residential/agriculturalprnperty, zoned RUT in Ada County
2. East: ResidentiaUagriculturai property, zoned RUT in Ada County
3. South: Overland Road; existing residential property, zoned RUT in Ada County; and
approved but not yet constructed residential uses in Southridge Subdivision, zoned R-8 and
Soutlrridge 31 AZ-U8-016 PAGE 3
TN-R
4. West: Residential properties in Cheviot Hills Estates Subdivision, zoned Rl (in Ada Councty)
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: W. Overland Road
b. Location of water. Water will be constructed by JI,J with the W. Overland Road
realignment.
c. Issues or concerns: None
E. Physical Features:
1. CanalsJDitches Irrigation: There is a canaUditch on this site that runs east/west from Ten Mile
Road midway across the property.
2. Hazards: Staff is not awaze of any hazards that exist on this property.
F. Access: The conceptual development plan submitted with this application identifies a public
street access (W. Tasa Drive) to Ten Mile Road and another (Market Square Way) to the re-
aligned W. Overland Road. Another public street, W. Old Mazket Court, is proposed with future
development to be extended midway along the southern boundary of the site from Market Square
Way and terminate in a cul-de-sac. See Analysis, Section 10, below fop Sta,,~"s analysis of the
proposed access to the site.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This site is designated as "Mixed Employment" on the Ten Mile Interchange Specific Area. Plan
Future Land Use Map. Per the Specific Area Plan (page 3-11}, "The purpose of the Mixed
Employment areas is to encourage a diversity of compatible land uses that may include a mixture of
office, reseazch and specialized employment areas, light industrial including manufacturing and
assembly, and other miscellaneous uses. These areas generally do not include retail and consumer
service uses serving the wider community. However, a small amount of retail and service
establishments, primarily serving employees and users of tine Mixed Employment areas or nearby
industrial azeas, aze allowed. Such retail would be the exception and not the rule. Buildings in this
category are anticipated to range in height from 1-4 stories, have total floor areas of 10,000-1,000,000
square feet, and floor to area ratios (FAR) will exceed 0.75: '
Future development will be required to be consistent with the stated purpose, inter, and standards of
the Mixed Employment land use category within the Ten Mile Specific Area Plan. Staff finds the
following Comprehensive Plan policies to be applic~lale to this property and apply to the development
of this property (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1-Require that development projects have planned
for the provision of all public services.
The City of Meridian plans to provide municipal services to the lasads proposed to be annexed in
the following manner:
Sanitary sewer and water service will be extended to the project at the developer's expense.
The subject lands currently die within the jurisdiction of the Meridian Rural Fire Dastrict.
Once annexed the lands wild be under the jurisdiction of the Meridian City Fire Department,
who currently shares resource and personnel with the Meridian Rural Fire Department.
Southridge 31 AZ-OS-016 PAGE 4
- The subject lands currently lie within the jurisdiction of the Ada County Sherdff's O, f)fice.
Once annexed the lands will be serviced by the Meridian Police Departrrcent (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACRD). This service will not change.
- T'he subject lands are currently serviced by the Meridian School District No. 2. This service
will not change.
- The subject lands are currently serviced by the Meridian Library District. This service will
riot change and the Meridian Library District should suffer no revenue loss as a result of the
subject annexation.
Municipal, fee supported, services wild 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 V, Goal III, Objective D, Action 5 -Require all commercial and industrial businesses to
install and maintain landscaping.
Street bu, fj`er landscaping arad internal parAdng lot landscaping wild be required with future
development of this site. All landscaping shall be installed and maintained on the site in
accordance with the standards listed in UDC 11-3B or the standards in effect at the time of
development.
Chapter V, Goal III, Objective B, Action 8 -- Require all developments adjacent to designated
entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on
the site adjacent to the roadway.
Upon development of this site, the developer will be required to construct landscape buffers
along Ten Mide Road and Overland Road both entryway corridors into the City, and along I-84,
in accordance with the street buffer standards listed in UDC 11-3B-7C or the staandards in effect
at the time of development.
Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors
and arterial streets.
While there is rto development proposed at this time, future development wild provide one access
to~om this site to/from Teta Mide Road via W Tasa Drive, a proposed public street and to/from
the newly aligned Overland Road vda Market Square Way, a proposed public street. No other
access points are proposed or approved to/from Chas site via Ten Mide Road or Overland Road.
• Chapter VI, Goal II, Objective A, Action 12 (page 85~ -Develop methods, such as cross-access
agreements, frontage roads, to reduce the number of existing access poi~s onto arterial streets.
With the redevelopment of this site, the applicant is proposing to provide a public stub street
(W. Tasa Drive) to the property to the east for future intercoranectdvity, which should assist in
reducing the number of access points onto Overland Roam an arterial street.
Chapter VII, Goal I - Ensure a variety and balance of lead uses to support the Meridian Impact
Area.
Staff believes that the type and mix of commerciaUindirstraal uses (i. e. corporate & business
o, f)zces; research facilities & laboratories; light industrial uses including manufacturing &
assembly; and occasional, complementary uses which focus on serving area employees & users,
such as business services, child care, and convenience retail) encouraged in the M-E designation
wild provide a variety of employment opportunitres and services within the impact area and
possibly to the future residents of Sauthridge Subdivision to the south.
Southridge 31 AZ-08-016 PAGE 5
VIII. UNIFIED DEVELOPMENT CODE
A. Schedule of Use: Unified Development Code (UDC)11-2B-21ists the permitted, accessory, and
conditional uses in the M-E zoning district. Allowed uses in the M E district are offices, medical
centers, research and development facilities, and light industrial uses with ancillary support
services.
B. Purpose Statement of Zone: Per UDC I 1-ZB-1, "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 structiu~es accommodated in the district, the scale and mix of allowed commercial
uses, and the location of the district proximity to streets and highways."
C. Dimensional Standards: Future development of the subject property shall comply with the
dimensional standards listed in UDC Table 11-2B-3 for the proposed M-E zoning district in effect
at the time of development.
D. Landscaping
1. Width of street buffer(s): UDC Table 11 2B-3 currently requires a 50-foot wide landscape
buffer adjacent to I-84; a 35-foot wide landscape buffer adjacent to S. Ten Mile Road and W.
Overland Road, both entryway corridors; a 20-foot wide landscape buffer adjacent to W. Tasa
Drive and Market Square Way, if classified as collector streets; and a 10-foot wide landscape
buffer adjacent to W. Old Market Court if classified as a local street. The applicant shall
comply with current UDC standards in effect at the time of development.
2. Width of buffer(s) between land uses: The applicant is required to comply with the design
guidelines contained in the Ten Mile Interchange Specific Area Plan.
3. Percentage of site as open space: NA
4. Tree Preservation: Mitigation is required for all existing healthy trees 4-inch caliper or greater
that are removed from the site with equal replacement of the total calipers lost on site up to an
amount of 100% replacement.
E. Off-Street Parking. Not applicable as no development is proposed at this time; however, off-stmt
parking is depicted on the concept plan. Future development shall comply with the standards set
forth in UDC 11-3C-6B for commercial districts.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
The annexation legal description submitted with the application (stamped on December 12,
2008 by Hugh Edwards, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
Dimensional Standards: Development of the site is required to comply with the dimensional
standards of the M-E district listed in UDC Table 11-2B-3. There is no required front, rear, or
side setback. However, where a landscape buffer is required, buildings shall be set back at least
the minimum width of the buffer.
Conceptnal Developme~rt Plan: The applicant has submitted a conceptual development plan
showing how the site may develop in the future; however, the applicant has stated that it is for
illustrative purposes only and that firture concept and development plans will be submitted based
on tine market and economic conditions.
Southridge 31 AZ-08-016 PAGE 6
The concept plan depicts 14 building pads; drive aisles for circulation within the site; off-street
parking; the extension of Tara Drive (a public street that exists across Ten Mile Road to the west)
through the site to the east property boundary; and Market Square Way, a public street proposed
to connect Tara Drive to the new alignment of Overland Road south of this site. Two round-
abouts are depicted on the plan to enhance traffic flow within the site. Another public street, W.
Old Market Court, is shown in the current location of Overland Road extending from Market
Square Way to the west midway along the south boundary of the site ending in a cul-de-sac with
a driveway access to the north into the site.
Because the applicant has noted that the concept plan is only for illustrative purposes, Staff is
highlighting certain aspects of the plan that we recommend be incorporated iirto a firture plan for
the site, as follows: 1) provide a round-about for more efficiect circulation at the intersection of
Market Square Way and Tasa Drive; 2) locate structures adjacent to streets with parking at the
rear and sides of the structure; 3) provide a stub street at the east property boundary for fixture
interconnectivityand to reduce access poims to Overland Road; and 4) provide a public plaza
area within the site generally along an axial alignment with any large structure or framed by a
configuration of smaller structures and as a focal point to the development in an area (size)
proportional to the development; and ~ provide a vehicular and pedeshian connection from the
cul-de-sac at W. Old Market Court to W. Tasa Drive.
Existing Structures: There are existing structures on this site, which the applicant proposed to
remove prior to development. The concept plan depicts the existing dairy barn and silos,
however, they are proposed to be removed
Building Elevations/Design Standiards: The Applicant did not submit conceptual building
elevations or architectural guidelines for future buildings to be constructed on this site. However,
the applicant has stated that future development will comply with current design standards and
the Ten Mile Specific Area plan.
E8is13ng Landscaping: There are a lot of large existing trees over 4" caliper that exist on the site.
Per UDC 11-3B-lOC, mitigation is required for all existing healthy trees 4-inch caliper or greater
that are removed from the site with equal replacement of the total calipers lost on site up to an
amount of 100% replacement. The applicant shall contact Elroy Huff, City Arborist, at 8$8-3579
prior to removing any trees from the site to determine the amount, of mitigation required for this
site.
Access: The conceptual development plan submitted with this application shows one public
street access (W. Tasa Drive) to Ten Mile Road and another (Market Square Way) to the future
re-aligned W. Overland Road south of the site.
The new Ten Mile interchange project is adjacent to this site on the north and west boundaries.
After the interchange is constructed, Overland Road (in its current location at Ten Mile Road) is
intended to be converted to aright-in/right-out until the construction of Tasa/Market Square is
complete through the site.
As part of the Ten Mile interchange construction project, the Idaho Transportation Department
(I fD) plans to reconstruct Tasa Drive further to the north on the west side of Ten Mile Road and
extend Tara to the east side of Ten Milt Road under the approach ramp through the subject site to
the junction of Tasa DriveJMarket Square Way and south (Market Square Way) to the existing
Overland Road. Right-of-way (ROW) has already been obtained for the construction of
Tasa/Market Square to the existing Overland Road location; right-of--way has not yet been
obtained from the existing Overland to the fixture realignment of Overland. If ROW is obtavaed
between the existing Overland and fixture Overland locations prior to the construction of
Soutiuidge 31 AZ-08-016 PAGE 1
Tasa/Market Square through the subject site,lTD will construct Market Square to the newly
aligned Overland. Once Tasa/Market Square has been constructed to the newly aligned Overland,
the existing Overland access to Ten Mile will be removed and access will be terminated. If ROW
is not obtained prior to construction, ITD will improve Overland Road in its current location from
Market Square west to the Ten Mile itrtersection.
Certificate of Zoning Compliance: The applicant will need to apply for a Certificate of Zoning
Compliance for approval of future structures and uses groposed on the site. All future
development shall comply with current design standards, provisions of the UDC, and the Ten
Mile Specific Area Plan.
Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § GS-6711A provides the City the
authority to require a property owner to enter into a Development Agreeme~ (DA) with the City
that may require some written commitment for all future uses. Staff believes that a DA ~s
necessary to ensure that this property is developed in a fashion that i$ consisted with the
comprehensive plan and does not negatively impact nearby properties. Prior to 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 Attorney, Bill Nary, at 898-550G to initiate this process. Said DA
shall be completed within 1 year of City Council action. The DA shall incorporate the provisions
noted in Exhibit B.
X. E~~ITS
A. Drawings
1. VicinitylZoning & Aerial Map
2. Conceptual Development Plan
B. Agency Commerrts
1. Planning Department
2. Public Works Department
3. Fire Departznent
4. Police Department
S. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Southridge 3I AZ-08-016 PAGE 8
A. Drawings
1. Vicizxity/Zoning & Aerial Map
Exhibit C -Page Z
2. Conceptual. Developnnent Plan
.~.no~,.
_ ~" SouthHt 3i _ _.~_
~.
°°' ~8~a ~ ,..,.
Exhibit C -Page 3
B. Conditions of Approval
On .January 29, 2009 a joint agency and departments fneeting was held with service providers in this
area. These agencies submitted comments on than application, which are included below.
1. Planning Department
1.1 ANNEXATION CONIIViII~TTS
1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be e~ered into
between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption),
and the developer. The applicant shaD contact the City Attorney, Bill Nary, at 89$-5506 to
initiate this process. Said DA shaD he completed within 1 year of City Coundl action. The
required DA provisions are as foIIows:
a. Future development of this site shall comply with all UDC standards, including current
design standards in effect at the time of development, and the standards of the Ten Mile
Specific Area Plan. '
b. The applicant shall modify the subject Development Agreement to include a specific site plan
showing how the site is proposed to develop prior to submittal of the fast development
application for this site. The plan shall be consistent with the standards of the Ten Mile
Specific Area Plan and current design standards in effect at the time of development. At a
minimum, the plan shall incorporate the following features: 1) a round-about for more
efficient circulation at the intersection of Market Square Way and Tasa Drive; 2) structures
shall be located adjacent to streets with parking at the rear and sides of the structure; 3) a stub
street shall be provided at the east property boundary for future interconnectivity and to
reduce access points to Overland Road; 4) public plaza area(s) shall be provided within the
site generally along an axial aligmnent with any large structure or framed by a configuration
of smaller shvctures and as a focal point to the development in an area (size) proportional to
the development; and 5) a vehicular and pedestrian connection shall be provided from the
cul-de-sac at W. Old Market Court to W. Tara Drive.
c. Extend Tara Drive as a stub street to the east property boundary for future interconnectivity
upon development of the property to the east.
d. Per UDC 11-3B-1 OC, mitigation is required for all existing healthy trees flinch caliper or
greater that are removal from the site with equal replacement of the total calipers lost on site
up to an amount of 100% replacement. The applicant shall contact Elroy Huff, City Arborist,
at 888-3579 prior to removing any trees from the site to determine the amount of mitigation
required for this site.
e. A Certificate of Zoning Compliance application is required to be submitted for all new
structures/uses on this site.
f. The operation of
as~sse~y-nse-te~he construction activities related to the I-84 widening and construction of
the Ten Mile interchange on this site shaIl be aIIowed as an accesson- nse to these
rp OjeL~B. Upon completion of the Ten Mile interchange, the operation of floe batch plant shall
cease; equipment and any remaining stock piles shall be removed from the site and the site
shall be restored to a clean condition.
& The contractor~hal_1 provide flaauers at ~e Te 1V,ij1~,lOverland ntersecNon from 6: 0
a to 9:00 am and 3:30 nm 7:00 nm hrnuah h . ~ mnletion of he operation of he
match plant for the Trent i~ _ to wide inn nroiee* ianr .smooth ffi .flow for
Exhibit C -Page 4
h. The contractor shaIl regtilarly water the site with a water track to alleviate dust issues
created from consttvction activities on the site•
~ e accessoiv uses on this site are anhiect to review and annroval by the Planninsr
--
accessory uses on this site associated h he xo nsion of th . T .r Mile
interchange shaII comply with aII DF,O~ Idaho Dpn rtmenl~ of T ~n~Q ra~,hn
ransnortation D nartment. Fede 1 i~hwav A _ ministration en ro m
reaalations. and FPA air anality nd water anality provisions nd rea ire*!'!e*~
2. Public Works Department
2.1 Water service to this site shall be from an extension of the 12 inch main that is to be constructed
in the W Overland Road realignment and continuing in the proposed Market Square Way. The
applicant will be responsible to install water mains to and through this prof ect, coordinate main
size and routing with the Public Works department.
2.2 Sanitary sewer service to this development is being proposed via extension of mains in W
Overland Rd. Due to the fact that this property is located in two sewer drainage basins the
applicant will need to construct sewer mains for each basin as shown on the City of Meridian
Sewer Master Plan or work with Public Works Staff to provide and equivalent solution. The
applicant shall install mains to and through this project; applicant shall coordinate main size and
routing with the Public Works Departmeirt, and execute standard forms of easemerrts 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 of City of Meridian Public Works Departmerrts Standard Specifications.
2.3 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).
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round
source of water (LTDC 11-3A-~. The applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, asingle--point connection to the
culinary water system shall be required. If a single-point conmection 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.
2.5 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.b Additional width to the public utilities, drainage and irrigation easement along theright-of way
shall be dedicated where the sidewalk is located past the right-of--way. The additional width
needs to be sufficient to allow for 10 feet of easement past the sidewalk.
2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1 ~ and 9~-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208}3342190.
2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natlu~al waterways, that
intersect, cross or lie within the area being developed shall be tiled. 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 prior
Fxtu'bit C -Page 5
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.9 Street signs are to be in place, water system shall be installed and activated, sewer system shall
have passed air-testing and video inspection, fencing installed, drainage lots constructed, road
base approved by the Ada County Highway District , prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110% will be r~uired for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
obtaining certificates of occupancy.
2.11 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.
2.12 Applicant shall be required to pay Public Works development plan review, and constniction
inspection fees, as determined during the plan review process, prior to construction plan approval.
2.13 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate any new mailbox locations with the Meridian Post Office. Where
mailboxes aze located on or near sidewalk the applicant shall comply with all American with
Disabilities Act requirements for unobstructed sidewallc access.
2.16 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.17 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. This is to ensure that the bottom
elevation of building pads are at least 1-foot above.
2.18 One hundred watt, high pressure sodium streetlights, on 25' pole shall be required on all public
residential streets. Two-hundr~i and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections andJor fire hydrants, and no further than
400' distance in between locations. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval fiom the Public Works Department, and permit from Building DepartmeY prior to
commencing installations.
3, pyre Department
3.1 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.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %:" 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'.
Exhibit G -Page 6
f. Fire hydrants shall be place 18" above finish 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.
3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed. load of 75,000 lbs. All roadways shall be mazked in accordance with Appendix D
Section D103.6 Signs.
3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
siu~face are required before combustible construction is brought on site.
3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface. 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 back of curb dimension. The roadway shall be able to accommodate an imposed
load of 75,000 GV W.
3.8 Commercial and office occupancies will require, with annexation approval, afire-flow consistent
with the International Fire Code to service the proposed project. Fire hydrants shall be placed per
Appendix D.
3.9 The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of. Please contact the Addressing Specialist at
898-5500 to address this concern prior to the public hearing.
3.10 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.
3.11 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site Sre hydrans
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requiremerrt shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
3.12 Buildings over 30' in height are required to have access roads in acxordance with The International
Fire Cale A~ D Section D105.
3.13 CONIlVIERC1tAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or
three stories in height shall have at least three means of fire apparatus access for each structure. Two
of the access roads shall be placed a distance apart equal to not less than one half of the length of the
overall diagonal dimension of the property or area to be served, measured in a straight line.
Exhibit C -Page 7
3.14 COMMERCIAL AND INDUS112IAL -Buildings or facilities having a gross building azea of
more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire
apparatus amass roads separated by one half of the maximum overall diagonal dimension of the
property or area to be served, measured in a straight line between accesses.
Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have
a single approved fire apparatus access road when all buildings are equipped throughout with
approved automatic sprinkler systems. (Remotene~ Required) Provide a permanent secondary
access to the site at time of development via Ten Mile Road or Overland Road.
3.15 Submit details of the round about to the 1~ilre Departme~ prior to construction.
4. Police Department
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. Parks Department
5.1 Standazd for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (IJDC 11-3B-10) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed
6. Sanitary Service Company
6.1 SSC did not submit comments on this application.
7. Ada County l3iighway District
This application is for annexation and rezone only. Listed bedow are some of the findings for
consideration that the District Wray identify when it reviews a future development applicartion. The District
may add additional findings for consideration when it reviews a specific redevelopment application.
?.1 Site Speaffic Conditions of Approval
?.1.1 Vacate Overland Road where it intersects Ten Mile Road if the following criteria are met:
a. The conditions of the existing Developer Cooperative Agreement are satisfied These conditions
include, but are not limited to: provision of a financial surety to ACRD to guarantee the
construction of Overland Road in the new alignment, and completion of the Overland Road
realignment no later than October 31, 2009;
b. ACRD submits and ITD approves a change order to provide access to both the site and Tasa
Drive via Market Square Way instead of the existing Overland Road alignment. This change
order will c~11 for the construction of Market Square Way from the new Overland Road alignment
to Tasa Drive, and for the complete removal of Overland Road where it currently intersects Ten
Mile Road. This change order cannot be submitted until a financial surety guaranteeing the
construction of Overland Road in the new aligmnent is in place;
c. The applicant, ACRD, and ITD reach an agreement for the provision of right-of-way and
construction of Mazket Square Way between the existing and proposed new alignment of
Overland Road
7.1.2 Construct any internal and abutting that are NOT built by ITD as 36-foot commercial street
sections with vertical curb, gutter, and ?-foot wide attached cAnerete sidewalk on both sides.
Exhibit C -Page 8
7.1.3 If the applicant, ACRD, and ITD are unable to come to an agreement for the provision of right-
of-way and construction of Market Square Way between the existing and proposed new
alignment of Overland Road, construct this section of roadway prior to any development of the
site.
7.1.4 Construct any portion of the proposed roundabout that is NOT built by ITD.
7.1.5 Construct one stub street to the east, located approximately 450-feet north of the existing
Overland Road (measured centerline to centerline). Install a sign at the terminus of the stub street
stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE.°
7.1.6 If the criteria of Site Specific Condition of Approval #1 are met, and Overland Road is vacated
where it uztersects Ten Mile Road, then:
a. Provide access to Windy Ridge Lane at the south property boundary;
b. Provide access to 1620 S. Ten Mile Road (parcel # 51223223300).
7.1.7 Restrict all commercial driveways to 36-feet in width, and pave each driveway its full width at
least 30-feet into the site from the street.
7.1.8 Comply with all Standard Conditions of Approval.
7.2 Standard Cond~tttions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Constiuction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Policy.
7.2.6 Utility street cuts in pavement less than five years 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.
7.2.7 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.
7.Z.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
7.2.11 It is the responsibility of the applicant to verify all existvng utilities withintheright-of--way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
• applicant shall be required to call DIGLINE (1-811-342-1585} at least two full business days
Exhibit C -Page 9
prior to breaking ground within ACRD right-of-way. The applicant shall coirtact ACRD Traffic
Operations 38?-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signal 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.
7.2.13 Any change by the applicairt 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 urterest
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 C -Page 10
C. Legal Description & Exhibit Map
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Theme leaving eaid ~ foltowi~ti~ easterly ~ ofsaid Sotttharegs
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Exhibit C -Page 11
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D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a fall investigation
and shall, at the public hearing, review the appflcation. In order to grant an annexation
and/or rezone, the Connell shall make the following findings:
A. The map amendment complies with the applicable provisions of the comprehensive
P~~
The applicant is proposing to zone all the subjat property M-E; the Comprehensive Plan
Future Land Use Map designation for this property is Mixed Employment. The City
Council finds that the proposal zoning map amendment complies with the future land use
map designation for the property and the applicable provisions of the comprehensive
plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report
for more information.
B. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The City Council finds that future development of this property will be required to
comply with the purpose statement of the commercial districts and the established
regulations ofthe M-E zoning district.
C. The map amendme~ shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to
the public health, safety, or welfare.
D. The map amendment shaD not remit in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not Im~ited to, school districts; and,
The 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.
E. The annexation is in the best of merest of the City (UDC 1l-5B-3.E).
The City Council finds that all essential services are available or will be provided by the
developer to the subj ect property and will not require unreasonable expenditure of public
funds. The applicant will be required 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, the City Conrail finds that Annexation and Zoning of
this prnperty to M-E would be in the best merest of the City if a Developme~
Agreement i$ required with the provisions noted in the staff report: Further, the
City Council finds that the construction activities operating on this site related to
the I-84 widening and Ten Mile interchange pro3ects are appropriate on a
temporary basis.
Exhibit D -Page 1