Fast Eddys RZ 10-001ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 50
B018E IDAH011129N0 11:48 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIIIIIIIIII IIIIIIIIIIIIII III III
Meridian City i 10 i i 1935
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Truce, LLC, Owner
3. ST Investments, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered
into this I6~ day of fJyfr~A6~- , 2010, by and between City of Meridian, a
municipal corporation of the State of Idaho, (hereinafter "CITY"), and Truce, LLC, whose
address is 3313 W. Cherry Lane, Meridian, ID 83642, (hereinafter "OWNER") and ST
Investments, Inc., whose address is 770 West Ustick Road, Meridian, ID 83646, (hereinafter
"OWNER/DEVELOPER").
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law andlor equity, of that
certain real property in County of Ada, State of Idaho, described in
Ezhibit A, which is attached hereto and by this reference
incorporated herein as if set forth in full (the "Owner Property");
and
1.2 WHEREAS, Owner/Developer is the sole owner, in law andlor
equity, of that certain real property in the County of Ada, State of
Idaho, described in Ezhibit B, which is attached hereto and by this
reference incorporated herein as if set forth in full (the
"Owner/Developer Property"); and
1.3 WHEREAS, the Owner Properly and the Owner/DeveloperPmperty
are herein after collectively referred to as the "Property;" and
1.4 WHEREAS, the Property was originally approved and annexed in to
the City in 2003 as a portion of a mixed use development that
included a mix of residential and commercial uses; and
1.5 WHEREAS, the Property is encumbered by that certain
Development Agreement associated with the mixed use development
and recorded in the real property records of Ada County, Idaho, on
October 30, 2003, as Instrument Number 103184142 (the "Original
Development Agreement"); and
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1.6 WHEREAS, upon recordation of this Development Agreement, the
Original Development Agreement as to the Property shall be void and
terminated in its entirety and of no further force or effect; and
1.7 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
Owner and Owner/Developer make a written commitment concerning
the use or development of the subject Property; and
1.8 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-5B-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.9 WHEREAS, Owner and OwnerlDeveloper has submitted an
application for re-zoning of the Property described in Exhibit A, and
has requested a rezone of 5.9 acres of land from the C-N
(Neighborhood Business) zoning district to the C-C (Community
Business) zoning district, (Municipal Code of the City of Meridian);
and
1.10 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the
Owner/DeveloperPrnperty will be developed and what improvements
will be made; and
1.1 l WHEREAS, record of the proceedings for the requested rezoning
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
1.12 WHEREAS, City Council, on the 12~' day of October, 2010, adopted
those certain Findings of Fact, Conclusions of Law and Decision &
Order, set forth in Exhibit C, which are attached hereto and by this
reference incorporated herein as if set forth in full (the "Findings");
and
1.13 WHEREAS, the Findings require the Owner and Owner/Developer
to enter into a development agreement before the City Council takes
final action on and the rezoning designation; and
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1.14 WHEREAS, Owner and Owner/Developerdeein it to be in their best
interest to be able to enter into this Agreement and acknowledge that
this Agreement was entered into voluntarily and at their urging and
requests; and
1.15 WHEREAS, City requires the Owner and Owner/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 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 are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Broadway
Avenue, Meridian, Idaho 83642.
3.2 OWNER: means and refers to Truce, LLC, whose address is 3313
W. Cherry Lane, Meridian, ID 83642, the party that owns the Owner
Property and shall include any subsequent owner(s) of the Owner
Property.
3.3 OWNER/DEVELOPER: means and refers to ST Investments, Inc.,
whose address is 770 W. Ustick Road, Meridian, ID 83642, the party
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that owns and isdevelopingthe Owner/Developer Property and shall
include any subsequent owner(s) or developer(s) of the
Owner/Developer Properly.
3.4 PROPERTY: means and refers to that certain pazcel(s) of real
property located in the County of Ada, City of Meridian as described
in Exhibit A and Exhibit B describing the parcels to be rezone of 5.9
acres of land from the C-N (Neighborhood Business) zoning district
to the C-C (Community Business) zoning 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 Unified
Development Code § 11-2B.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner and Owner/Developer shall develop the Property in
accordance with the following special conditions:
1. Future construction and development of the Property shall comply with the
standards listed in UDC 11-3A-19 and the objectives and guidelines of the
Meridian Design Manual in effect at the time of development.
2. Certificate of Zoning Compliance and Administrative Design Review
applications are required to be submitted to the Planning Department for
approval of all future buildings/uses on the site, prior to issuance of building
permits.
3. Development of the Property shall comply with the C-C standards listed in
UDC 11-2B-3. The uses allowed pursuant to this agreement aze those uses
allowed in the C-C zoning district listed in UDC Table 11-2B-2 except for
the following: drinking establishments, minor vehicle repair, equipment
rental, sales and service, wireless communication facility and vehicle sales
and rentals.
4. All future development of the Property shall comply with City of Meridian
ordinances in effect at the time of development.
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5. The owner of the Owner Property and the owner of the Owner/Developer
Property, as the case maybe, shall be responsible for all costs associated with
sewer and water service installation for each such portion of the property.
6. Development of the Owner/Developer Property shall comply with the site
plan, the elevations and the landscape plan attached in Exhibit A of the
Findings, as amended herein, and with the requirements of this Agreement.
Certificate of Zoning Compliance application is required to be submitted to the
Planning Department for approval prior to issuance of a building permit.
7. Prior to commencing development on the Owner Property, Owner shall
modify this Agreement and attach a new concept plan depicting future
development of the Owner Property. The future concept plan shall be
compatible with the development proposed for the Owner/Developer
Property.
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 Owner/Developer or Owner's/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. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of
the terms and conditions included in this Agreement shall constitute
default under this Agreement.
7.2 Notice and Cure Period. In the event of Owner or
Owner/Developer's default of this Agreement, as the case may be,
Owner or Owner/Developershah have thirty (30) days from receipt of
written notice from City to initiate commencement of action to
correct the breach and cure the default, which action must be
prosecuted with diligence and completed within one hundred eighty
(180) days; provided, however, that in the case of any such default
that cannot with diligence be cured within such one hundred eighty
(180) day period, then the time allowed to cure such failure maybe
extended for such period as may be necessary to complete the curing
of the same with diligence and continuity.
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7.3 Remedies. In the event ofdefault byOwner or Owner/Developer that
is not cured after notice as described in Section 7.2, Owner or
Owner/Developer, asthe case may be, shall be deemed to have
consented to modification of this Agreement and de-annexation and
reversal of the zoning designations described herein, solely against
the offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable
provisions of Idaho Code § § 67-6509 and 67-6511. Owner and
Owner/Developer reserve all rights to contest whether a default has
occurred. This Agreement shall be enforceable in the Idaho Fourth
Judicial District Court in Ada County by City, Owner or
Owner/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.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by Owner, Owner/Developer or City is delayed for causes
that aze beyond the reasonable control of the parry responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similaz causes, the time for such
performance shall be extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner or
Owner/Developer of any one or more of the covenants or conditions
hereof shall apply solely to the default and defaults waived and shall
neither baz any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner and/or Owner/Developer shall, immediately upon
completion of any portion or the entirety of said development of the Property as required by
this Agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Agreement and all other
ordinances of the City that apply to said Property.
9. DEFAULT:
9.1 In the event Owner or Owner/Developer, or Owner's or
Owner's/Developer'shefrs, successors, assigns, or subsequent owners
of the Property or any other person acquiring an interest in the
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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 and the provisions of this
Agreement.
9.2 A waiver by City of any default by Owner or Owner/Developer ofany
one or more of the covenants or conditions hereof shall apply solely
to the breach and breaches waived and shall not baz any other rights
or remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer's cost, and submit proof of such recording to Owner and
Owner/Developer, 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 City, Owner or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement maybe 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 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,
Owner and Owner/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.
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12.2 In the event the performance of any covenant to be performed
hereunder by Owner, Owner/Developer or City is delayed for causes
which aze beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similaz causes, the time for such
performance shall be extended by the amount of time 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 allowed
under Meridian City Code § 11-5-C, to insure that installation of the improvements, which
the Owner or Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner and Owner/Developer
agree that no Certificates of Occupancy will be issued until all improvements are completed,
unless the City and Owner or Owner/Developer, asthe case may be, have 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 Owner and
Owner/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.
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:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
ST Investments, Inc.
770 W. Ustick Road
Meridian, ID 83642
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with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER:
Truce, LLC
3313 W. Cherry Lane
Meridian, ID 83642
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 of this 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 Owner and Owner/Deveioper,ench subsequent owner and
any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner or Owner/Developer, to execute appropriate and recordable
evidence of termination of this Agreement if City, in its sole and reasonable discretion, had
determined that Owner or Owner/Developer 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
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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 Owner, Owner/Developer
and City relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between Owner,
Owner/Developer and/or 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
subj ect 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 execufion of the
Mayor and City Clerk.
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
TR
By:
By: CMD, Inc., Managing Member
By: Douglas T. Campbell, President
ST INVESTMENTS, INC.
Steve Eddy, President
CITY OF MERIDIAN
By: ~~
Mayor T y de Weerd
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ATTEST:
°~~~TF ~~ ~~~
Jaycee olman, City Clerk = EAL
~~ 9/ 1g~~ 0 :~
,,~ ,9 `~Q,`\`,~
~' COUNTY ~ \\\~`
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STATE OF IDAHO, )
): ss
County of;, )
On this ~~ day of ~~ , 2010, before me, a Notary
Public in and for said State, personally appeared Douglas T. Campbell, President of CMD,
Inc., Managing Member of Truce, LLC, on behalf of Truce, LLC, known or identified to me
to be the person who executed this agreement and acknowledged to me that he executed the
same on behalf of said limited liability corporation.
IN WITNESS WHEREOF, i have hereunto set my hand and affixed my
official seal the da~and yeaz in this certificate first above written.
(SEAL ~t~p •
(SEAL ~~`
!{~~~,~C
0
STATE OF IDAHO, )
): ss
County of ~~ )
otary Public for Idaho
My Commission Expires:
On this _~ day of ~~':~fll~i'C.~', 2010, before me, a Notary
Public in and for said State, personally appeared Steve Eddy, the President of ST
Investments, Inc., on behalf of ST Investments, Inc. known or identified to me to be the
person who executed this agreement and acknowledged to me that he executed the same on
behalf of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and yeaz in this certificate first above written.
~~ ~~ C~
7
x-oT~~r
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~'v>eti~c
0
i~vicuy r uviiV 1v1 !llQ11V
My Commission Expires:
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STATE OF IDAHO )
ss
County of Ada )
On this o~.~, day of 6~1 ~y~~r h~X- , 2010, before me, a Notary
Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to
me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument of behalf of said Ciry, and acknowledged to me that such Ciry 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.
~~....~~
.•~1CA Jp~••.
(SEAL). ~ ~~?$pTAR~~'~..
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Commission expires: Jo~.n y ~~ 1 ~{
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E~:HIBIT A
DEVELOPMENT AGREEMENT - FasT EnnY's TEx Mu.E STATION (RZ 10-001) - EX~IIBIT A
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EI~C~TT A
Legal Description of Trace Lots
Parcel 1 aad Parce12 of Rocord of Survey No. 8823 recorded August 5, 2010, as Insaume~ No.
110072431, records of Ada County, Idaho, and more particularly described as follows:
Parcel 1:
A parcel of land !:sing a porti~ of lot 7, Block 1, The Courtyards at Ten Milo Subdivision
k:cated in the Northwest 114 of the Soud~west 1/4 of Section 11, Township 3 North, Range 1
West, Boise Meridian, City of Meridian, Ada County, Idaho, described as foikyws:
BASIS OF BEARINGS:
The West line of the Southwest 1/4 of Section 11, Township 3 North, Range 1 West, Boise
Meridian, derives from found monuments and taken as South 00.42'44' West with the distance
between monuments found to be 2646.35 feet.
Commencing at the Northwest corner of the Northwest 114 of the Southwest 1/4 of Section t1,
T. 3 N., R. 1 W., thence South 45°27'09" East a distance of 101.62 feet to the Northwest comer
of lot 7, Block 1, the Point of Beginning;
thence South 89°20'02" East a distance of 174.27 feel';
thanes Nortl: 00°41'42" East a distance of 26.95 feet to the South Right of Way of W. Pine
Avenue;
thence along sahl South Right of Way, North 88°SQ'00" Eas# a distance of 20.01 feet;
thence leaving said South Right of Way, South 00'41'42" West a distance of 262.66 feet;
thence North 89'17'15" West a distance of 219.57 feet to the East Right of Way of N. Ten Mile
Road;
thence along said East Right of Way, North 00°42'45" East a distance of 40.00 feet;
thence leaving said East Right of Way, South 89°17'15" East a distance of 26.29 feet;
thence North 00°41'42" East a distance of 194.92 feat to the Point of Beginning.
Said Parcel containing 47,210 square feat or 1.08 acres, more or less and is subject to all
existing easemerrts and rights-of--ways of recorri or implied.
Err A
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Petrel 2:
A parcel of land being a portion of Lots 4, 5 and 7, Block 1, The Courtyards at Ten AAile
SubdMsbn located in the Northwest 1/4 of the Southwest 1/4 of Section 11, Township 3 North,
Range 1 West, Boise Meridian, City of Meridian. Ada County, Idaho, described as fo8ows:
BASIS OF BEARINGS:
The West. line of the Southwest 114 of Section 11, Township 3 North, Range 1 West, Boise
MerMian, derived from found monuments and taken as South 00°42'44" West with the distance
between monuments found to be 2846.35 feet.
Commendng at the Northwest comer of the Northwest 1/4 of the Southwest 1/4 of Section 11,
T. 3 N., R. 1 W., thence South 80°14'50" East a distance of 270.85 feet to a point on the North
line of Lot 7, Block 1, and the South Right of Way line of W. Pine Avenue, the Point of
Beginning;
thence along saki South tine North 88°50'00" East a distance of 20.01 feet;
thence leavir-g said South line South 00°41'42" West a distance of 28.25 feet;
thence South 89°18'18" East a distance of 144.02 feet to the West R~ht of Way of N. Gray
Cloud Way,
thence along said West Right of Way of N. Gray Cloud Way the following courses:
thence South 00°41'42" West a distance of 37.66 feet;
thence along a curve to the left, with a radius of 82.00 feet, a central angle of 19'16'32", an aro
ler~th of 27.59 feet, with a chord bearing of South 08°56'34" East and a d,oro distance of
27.46 feet;
thence from a tangent which bears South 09°16'14" West, akx~g a curve to the left, with a
radius of 32.00 feet, a central angle of 34°00'22", an arc length of 18.99 feet, with a chord
bearing of South 07°43'57° East and a chord distance of 18.72 feet;
thence South 24°44`08" East a distance of 16.00 feet;
thence along a curare to the left, with a radius of 32.00 feet, a central angle of 29°06'02", an arc
length of 16.25 feet, with a d~ord bearing of South 39°1 T09" East and a d,ord distance of
16.08 feet; .
ihence from a tangent whk:h bears South 09°41'02" East, along a curve to the right with a
radius of 28.00 feet, a central angle of 10'22'44", an arc length of 5.07 feet, with a chord
bearing of South 04°29'40" t:ast and a chord distance of 5.07 feet;
hence South 00°41'42" West a distance of 84.98 feet;
.hence leaving said West Right of Way, North 89°18'18" West a distance of 189.02 feet;
hence North 00°41'42" East a distance of 227.80 feet to the Point of Beginning.
Parcel containing 36,131 square feet or 0.83 acres, more or less and is subject to ail
rag easements and rights-of--ways of record or Jmplied.
TOGETHER WTTH:
Lots 2 and 3 in Block 1 of THE COURTYARDS AT TEN MILE SUBDMSION, according to the plat
thereof filed in Book 89 of Plats at Pages 10414 through 10416, Records of Ada County,
Idaho.
EXHIBIT' A
S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC
E~:HIBIT B
DEVELOPMENT AGREEMENT -FAST EDDY'S TEx MILE STATTON (RZ 10-001) -EXHIBIT B
S:\Docs\ST Investments, Inc\GeneraI\AGR\Development Agreement (CLEAN 11-16-10).DOC
El+~ilT B
Legal Description of STI Lots
Parcel 3 of Record of Survey No. 8823 recorded August 5, 2010, as Instrument No. 1 1 007243 1,
records of Ada County, Idaho, and more particularly described as follows:
Parcel 3:
A parcel of land being a portion of Lots 5 and 7, Block 1, The Courtyards at Ten Mlle
Subdivision located in the Northwest 1/4 of the Southwest 114 of Sedan 11, Township 3 North,
Range 1 West, Boise Meridian, Clty of Meridian, Ada County, Idaho, descried as follows:
BASIS OF BEARINGS:
The West line of the Southwest 1/4 of Section 11, Township 3 North, Range 1 West, Boise
Meridian, derived from found monuments and taken as South 00°42'44" West with the distance
between monuments found to be 2t348.35 feet.
Comrnencing at the Northwest corner of tha Northwest 114 of the Southwest 1/4 of Secfion 11,
T. 3 N., R. 1 W., thence South 06'54'38" East a distance of 553.18 feet to the Southwest comer
of Lot 7, Block 1, the Point of t3eglnning;
thence North 00°41`42" East a distance of 243.04 feet;
thence South 89'17'15" East a distance of 194.27 feet;
thence North 00°41'47' East a distance of 35.08 feet;
thence South 89°18'i8" East a distance of 189.02 feet to the Wei Right of Way of N. Gray
Cloud Way; .
(hence sang said West Right of Way, South 00°41'42" West a distance of 107.00 feet;
thence oontinufng along said West Right of Way, from a tangent which bears South 00°52'04"
West, along a cave to the right, with a radars of 53.00 feet, a central angle of 54°41'02", an arc
length of 50.68 feet, with a chord bearing of South 28.12'35" West and a chord distance of
48.89 feet to the Northwesterly Right of Way of W. Treva Drive;
thence sang said Northwesterly Right of Way the following courses:
thence South 55°33'07" West a distance of 80.4b feet;
thence from a tangent which bears South 88°00'46" West, along a curve to the left, with a
radius of 32.00 feet, a central angle of 32°27'39", an arc length of 18.13 feet, with a chord
bearing of South 71°48'57" West and a chord distance of 17.89 feet;
thence South 55°33'07' West a distance of 16.00 feet;
thence along a curve to tha left, with a radius of 32.00 feet, a central angle of 32°27'39", an arc
length of 18.13 feet, with a chord bearing of South 39°19'18" West and a chord distance of
17.89 feet;
thence South 55°33'07" West a distance Of 54.58 feet;
thence leaving said Northwesterly Right of Way, North 34°28'53" West a distance of 12.00 feet;
thence abng a curve to the left, with a ra~us of 5.00 feet, a central angle of 90°00'00", an arc
length of 7.85 feet, with a chord bearing of North 79.28'53" West and a chord distance of 7.07
feet;
thence South 55°33'07' West a distance of 20.29 feet;
thence along a curve to the right, with a radius of 20.00 feet, a central angle of 35°08'35°, an
arc length of 12.27 feet, with a chord bearing of South 73°07'25" West and a chord distance of
12.08 feet;
thence Nortl~ 89.18'18" West a distance of 104.76 feet;
thence along a curve to the left, with a radius of 7.50 feet, a central angle of 90°00'00", an arc
length of 11.78 feet, with a chord bearing of South 45°41'42" West and a chord distance of
10.81 feet;
EXF~TT 8
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thence South 00°41'42" West a distance of 9.36 feet to the North Right of Way of said W. Treva
Dri<-e;
thence continu~g alor~ said North Right of Way, North 89°18'18" West a distance of 55.00 feet
to the Point of Beginning.
Said Parcel contain~g 82,177 square feet or 1.89 acres, more or Tess and is subject to a>I
existing easements and rights-of-ways of record: or implied.
TOGETHER WITH:
Lots 1 and 6 in Block 1 of THE COURTYARDS AT TEN MII,E SUBDMSiON, according to tine plat
thereof, filed in Book 89 of Plats at Pages 10414 through 10416, Records of Ada County,
Idaho.
EXHIBIT B
S:\Docs\ST Investments, Inc\GeneraI\AGR\Development Agreement (CLEAN 11-16-10).DOC
EXHIBIT C
DEVELOPMENT AGREEMENT -Farr EDDY'S TEN MII.E STATION (RZ 10-001) - EXfIIBIT C
S:\Docs\ST Investments, Inc\GeneralWGR\Development Agreement (CLEAN 11-16-10).DOC
CrrY of MERIDIAN E IDI~AN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND I D A H O
DECISION & ORDER
In the Matter of the Request to Rezone of 590 Acres from C-N (Neighborhood Bna<na') to
C-C (Community Business) Zoning District; Conditional Use Permit and Design Review
for a Fuel Sales Facility, Convenience Store wiffi a Drivo-through and s Vehicle Washing
Facility on approzimately 1.89 Acres in a proposed C-C Zoning District, by ST
Investments.
Case No(s). RZ-10-001, CUP-10-007, and DES-10.032
For the City Council Hearing Date ofs September Z8, 2010 (Fiudin~ on the October 12,
2010 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 28, 2010,
incorporated by reference)
2. Process Fads (see attached StaffReport for the hearing date of September 28, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
September 28, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached StaffReport for the
hearing date of September 28, 2010, 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 ax Chapter b5, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title i 1 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 §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF L.AW AND DECISION do ORDER
CASE NO(S~ RL10-001; CUP-10-007, and DES-10-032
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4. Due consideration has been givea~ to the comment(s) recavod from the governmental
subdivi~ons providing services in the City of Meridian planning jtnisdic~ion.
S. It is found public facilities and services r+oquired by the proposed developanent will not
impose expense upon the public if the attached conditions of approval arc imposed.
6. That the City has granted an order of approval in accordance with this Occasion, which
shall be signed by the Mayor and City Clerk and then a copy served by the Cledc upon
the applicant, the Planning Depar(ment, the Public Works Dealt end any afed
PAY ~ notice.
7. That this approval is subject to the Legal Descaption, Site Plea, Landscape Plan,
Building Elevations, Development Agreement, and ffie Coalitions ofAppmvsl all in the
attached Staff Report for the hearing date of September 28, 2010, incorporated by
refereac:~ The conditions are concluded to be rr~sonable and the applicant shall meet
such requirements as a condition of approval of ~e application.
G Decision and Order
Pursuant to the City Council's authority as provided is Meridian City Code § 11-SA and
bas~u the above and foregoing Findings of Fact which are herein adopted, it is hereby
i. The Applicant's Rezone request, as evidenced by having submitted the legal
description and exhibit map, stamped and dated ]uly 22, 2010, by Darin Holzhey, PLS,
included in the attached Staff Report for the hearing date of September 28, 2010
incorporated by reference, is hereby conditionally approved..
2. A Development Agreanent is required with approval of the subject Rezone applicretion
and shall include the grovisions noted in the attached Staff Report fnr the hearing date
of September 28, 2010 incorporated by reference.
3. The Applicant's Conditional Use Permit request as evidenced by having submitted the
Site Plan (dated 7/22/10), Landscape Plea (dated 7/19/2010), and Building Elevations
included in the attached Staff Report for the hearing date of Septemmber 28, 2014, is
hereby conditionally approved.
4. The site specific and standard conditions of approval are as shown is the attached Staff
Report for the hearing date of September 28, 2010, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the coaditioaal use permit, whew granted, shall be valid for a
.maximum period of eighteen {18) months unless otherwise approved by the City.
CITY OF MERIDIAN FINDINGS OF FACT, OONCWSIONS OF LAW AND DAQSION do ORDER
CASE NO(SZ RZ-10-001; CtJP-10-007, and DES-10-032
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During this time, the applicant shall commeaix the use as penaitted in aocord with the
conditions of approval, satisfy the regturements set fiurth in the conditions of approval,
and acquire building permits and commence construction of pamaaent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be racordcd within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior`to the termination of the
period in accord with 11-SBfi.G.I, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby noti5ed that pursuant to Idaho Code 67-8~3, 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 concenaing 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 as affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days aver 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 September 28, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION do ORDER
CASE NO(S). RZ-10-001; CUP-10.7, and DES-10-032
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By action of the City Council at its regular meeting held on the ~a~day of
~J2~ 2010.
COUNCIL MEMBER DAVID Z.AREMBA
COUNCIL MEMBER BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCII, MEMBER KEITH BIltD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
City Clerk
Copy served upon Applicant,
Attorney.
~~
M~ypil r
VOTED_~
VOTED~Qg,
VOTED'
VOTED
VOTED
~~~~~
de Weerd
i~r~nL -
~ ,$~ `
~~''- '~' 'A .~`~
The Pl~ai$ ~t, Public Works. Departmeirt aad City
nrrr „
B _ Dated: 10 - 1 a - .~~(~
ity I ce
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8t ORDER
CASE NO(S). RZ-10-001; CUP-10-007, and DES-10.032
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STAFF REPORT
xeaiing Date: September 28, 2010 (`;i~E IDIAN
IDAHO
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 8845533
SUBJECT': RZ-10-001, CUP-10-007 8t DES-10-032 -Fast Eddy's Ten Mile Station
SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, ST Investments, has applied to rezone (RZ) 5.90 ages of land in the Courtyard at Ten
Mile Subdivision firm the C N (Neighborhood Business District) zoning district to the C-C
(Community Business District) zoning district. The subject rezone includes thnec commercial lots.
Concunratly (per t/te recorded development agreement), the applicant is requesting Conditional Use
Permit (CUP) and Design Review (DES) approval to develop the site with a fuel sales facility, a
6,287 square foot convenience store with a drivo-through and a 3,495 square foot ve.luicle washing
facility on 1.89 aches.
2. SIJiVII~IARY RECOMMENDATION
Staff n~commends approval of the proposed development with the conditions listed in Exhibit B,
based on the Findings of Fact and Conclusions of Law in Exhibit D. e &
a. Snmaatrv Cordon mac.
i. In favor. Steve Eddy
fl. In oaaodtion: None
iii. CommentinQ• Steve Eddv
iv. Written testbnonv None
v. Stall aresenthae aaalication: Bf l1 Parsons
vi. Oder staff commenting. onaaalktutioa: None
b. Key Issaefs) of Discussion 6v Commissions
i. Hours of oaerat[on f_or the nroaosed faciiily.
a Kev Commission Cha~efs) to Staff Recommend:tion•
i. None
d. Outstanding Isaie[s) for City Co~u n~,•
i. one
Fast Eddy's Ten Miler Static PAGE I
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~ Kev Cenneil [`t.ena~ to Ctiff/C tnie.i~ R~nl ti. ^$en
3. PROPOSED MOTION
Approval
After considering all sta$ applicant and public testimo~, I move to approve File Numbers RZ.10-
001, CUP-10-007 and DES-10-032 as presented is staffr+eport fur the hearing date of Septanixr 28,
2010 with the following modifications: (Add nay proposed modifications.)
Denial
After eorlsidering all staff, applicant and public testimony, I move to deny File Numbers R2r10-
001, CUP-10-007 and DES-10-032 as presettLed in staff report for the lxariog date of September
28, 2010 fur the following reasons: (You should state specific reason(s) for denial of the CUP.)
ConBmuauoe
I move to contirnu File Numbers RZ-10-001,, CUP-10-007 and DES-10-032 to the baring data. 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:
The subject property is located on the southeast corner of N. Ten Mile Road and W. Pine Avenue,
is the southwest's of Section 11, Township 3 North, Range 1 West.
B. Owners:
Tnrce, LLC
3313 W. Cherry Lane
Meridian, ID 83642
C. Applicant:
ST Invests
770 W. Ustick Road
Meridian, ID 83646
ST Investmnts
770 W. Ustick Road
Meridian, ID 83646
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
S. PROCESS FACTS
a. The subj ect applications is for a rezone and a conditional nse permit. A public hearing is required
before the Planning dt Zoning Commission and City Council on this noatter, consistent with
Meridian City Unified Development Code Title 11, Chaptex 5.
b. Newspaper notifications published on: July 26, 2010 (Commission); ~Sp~b~r 13 asd 1A,
ZO10 (Gifu Council)
c• Radius notices mailed to properties within 300 fed on: July 22, 2010 (Comarissioa);
2.2010 (Gifu Coumcll)
d. Applicant posted notice oa site by: August S, 2010 (Commission); September 8.2010 (Gifu
Connc311
6. LAND USE
a. Existing Land Use(s): The subject site consists of three commercial Iota. The southern lot is
proposed fur develop at this time. A residential structure exists on the site and will be reo~oved
p, •- dy's Two Mile Smtioe PAGE2
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for the development of the fuel sales facility. The remaining lots will be developed at a future
date. Improvements to Ten Mile Road and Piae Avenue adjacent to the site are currently under
corrshivction.
b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: There are
existing multi-family developments along the north and east boundaries of this .site. The proputy
to the west is cur:ratly developed with nrral residences however; future mixed use developsawi
could occur based on the City's Future Land Use Map. The property to the south is developed
with a church and is zoned limited office.
1. North: Vacant Commercial Property and Multi-family Residential; coned L-0 and R-15
Z. Fast: Single Family Residemial; zoned R-15
3. South: Church; zoned L-0
4. West: Rural Residential; coned RUT
c. history of Previous. Actions:
• 1n 2003, this panpaty was annexed and coned (AZ-03-009) R-15 and C N and
preliminarily platted (PP-03-010) with 31 building lots.. and 5 other lots on 11 acres of
lead as part of The Courtyards at Ten Mile Subdivision. A development ag~roement (last.
No. 103184142) was rocorded at the time of annexation. A Conditional Use Permit for a
Planned Development (CUP-03-0?A) was also approved that allowed for reduced lot
sizes, reduced frontage requirements, reduced setbacks, z+educcd home sizes, cul-de-sac
length, and to allow residential lofts above retail buildings.
• A final plat (FP-03-064) for The Courtyards at Tea Mile Subdivision including the
subject ProP~Y was approved in 2003 for 28 multi-family residential attached building
lots, 3 officdoommercial lots, and 10 common lots on 11 aca+es of land in the R-15 and G
N zoning districts.
• A property boundary adjustment (PBA-10-0Ot7 for Lots 4, 5 and 7, Block 1, of The
Courtyards at Ten Mile Subdivision was approved by the Director on June 2i, 2010.
• A vacation application (VAG10-005) for Lots 4, S and ~, Block 1, of The Courtyards at
Ten Mile Subdivision was approved by Ciiy Council that vacated access/utility
easements. New access/utility easements have been recorded to service the proposed
development.
d. Utilities:
1. Public Works:
Location of sewer. N Gray Cloud Way
Location of water. N Gray Cloud Way 8t W Treva Drive
Issues or concerns: Secondary Water Connection or looped water system maybe needed
for Sre tiow req~rements.
e. Physical Features:
1. Canals/Ditches Irrigation: No major facilities.
2. Hazards: Staff is not aware of any hazards that exist on the property.
3. Flood Plain: NA
4. Topography. NA
f. Access: Access to the site was granted with approval of the Courtyards at Tea Mile Subdivision
Fast Eddy's Teo Mile Braden PAGE 3
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(see section 9 for fiather analysis).
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject ptoptxty is designated as "Mixed Use C~mumity (M[J-C)" oa the Campreheasive
Plan 1'liture Land Use Map. "Generally, themixed-use designation will provide for a oombiaatioa
of eompatlble land uses that an typically develaped under a master or coacepdial site plan. The
purpose of this designation is to identify key areas which are either infill in nature or situated is
highly visible or transitioning areas of the city where innovative and flacible design opportunities
are atcotuaged. The intent of this designation is to offer the developer a greater degree of design
and use'flarbility."
The intent of the MU-C designation is to allow up to 23 awes of non-residential uses, up to
200,000 square feet ofnon-residential building area, and residential ~sities of 3 to 15 units per
acre. This category includes uses such as grocery stores, ding stores, eoffedsandwich shops, dry
cleantrlLaundromat, professional offices, retail/gift shops, clothing stores, garden etas,
restaurants, banks, drivathrough ficifities, :uto :errja :tatio~, department stores,
modicaVdantal clinics, scl~ols, parks, churches, public uses, clubhouses, hardware Stotts, salons
and daycat+es.
The subject property was originally approved as a mixed use developament, zoned R-15 and C N.
The R 15 zoned property developed withmulti-family residential. The commercial portion was
approved with a conceptual plan that depicted a fuel station, a bank and multi-tenant retail with
residential above.
The applicant is proposing to rezone the property C-C (Community Business. District) and
develop the southern half (one commercial lot) of the site with multiple uses (fuel sales,
coaveaieacx stare and vehicle washing facility) consistent with MU-C designation. Due to the
lack of services in this area of Meridian, Staff believes the proposed devdopmeat is an ideal
location to serve arcs residents.
Thus, Staff finds the Proposed development and the requested zone change consistent with the
stated purpose,. intent, and standards ofthe MU-C land use category in the Comprhensive Plan
as described above.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development prnjetxs have
planned for the provision of all public services.
When the City established its Area of City ImpacK tt planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands f» the
following manner;
- Sanitary sewer and water service will be extended to the project at the developer's
expense.
- The subject lands currently lie within the jurisdiction of the Meridian City Fire
Department, who currently shaves resources and personnel with the Meridian Rural
Fire Department
- ?rte subject lands cun~ently lie within the jurisdiction of the Meridian Police
Department (MPD).
- The roadways adjacent to the subject lands are cwriently owned and maintained by
the Ada County Highway District (ACRD). This service will not change.
- The subject lands are currently serviced by the Meridian School District No. 2. This
service will not change.
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D The subject lands are currently serviced by the Meridian Library District Ibis
service will not change.
Municipal, ice supported services will be provided by the Meridian Building DeparAn~prt.
the Meridian Public Works Depardnen~ the Meridian Water Departnrerrt, the Meridian
Wastewuzter Departrnetrt, the Meridian Planning Department, Meridian Utility BiQing
Services, and Sanitary Services Company,
• "Require appropriate landscape and bufl;'ers along transportation corridors (setbaclt,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, ObjectiveD, Action 4)
Ilse applicant is required to install and maintain Imrdscaping within the street br~'ers located
along N. Ten Mile Road, W. Pure Avenue, W. T }ever Drive and N. Gray Cloud Way in
accordance with UDC 1I-3B-7.
At this tines only the southern half of the site is proposed for developmerr~ The submitted
landscape plan conforms to the aforementioned UDC section. The northern half wiU need to
comply once development is proposed jar this portion ojthe sites
• "Plan for a variety of commea+cial and t+ctail opportunities within the hnpact Area." (Chapter
VII, Goal 1, Objective B)
This area of Meridian lacks mary cemrnerda! services includingfuelsales. When The
Coto ~}+ards at Ten Mile project wws approved it was envisioned that multiple non-residerttlal
uses would accomp~arry the residential uses. Sta,Q'is of the opinion that the propostd services
will complement the existing residential uses in the area.
• "R,equire all eomzaercial businesses to install acct maintain landscaping." (Chapter V, Goal
III, Objective D, Action S)
In addition, to the required streetscape buffers, the applicant is responsible for installing
parking lot landscaptng and peruneter landscaping in acrorufarece with the eared
development code (UDC). Sta,~'has reviewed the submitted plan and finds the plan
substantially complies with the requirements of the UDC.
• Chapter VI, Goal III, Objective A, Action 11 (page 87) -Develop trails and path plea.
The adopted Master Parhwrzys Plan prescaibes a 10-foot multi-use pathway adjacent to the
south side ojPine Au+erate. Currently, the intersection of Ten Mile and Pine is under
construction and includes a pathway per the master pathways plan.
Staff also finds the following 2002 Compa~ehe~sive Plan text policies to be applicable to this
application:
• "Develop methods, such as cross~access agreennents, frontage roads, to reduece the number of
existing access points oa to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
The fuel sales facility will share a conunercial driveway with future building pad sites to the
north. In 1010, sta,,8`'processed an application to vacate the access easements on the r eeorded
play A new access easement has been recorded to facilitate the newlay-out of the fuel sales
jaciliry and provide acacess to the pastels in the north half ojthe site: I7rus, Sta„~furds the
cross access is adequately addressed for the subject property.
• "Restrict curb cuts and access points oa ...arterial streets." (Chapter VII, Goal N, Obj. D,
#S, page 107)
Fast Eddy's Tea M~7e Static
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The proposed right-ir/right-oat access points to the o~farent afor~m~rtioned rvodxaays were
reviewed and approved with the Coartyaids at Ten l~le Slribdivision and the recorded plat
depicts the approved access ports.
S. UNI>FTED DEYELOpMF.N!' CODE
A Purpose Statement of Zone: The subject site is designated "Commet+eiat" on the City's zoning
map. The purpose of the centmercial districts is to provide fa the n*sil and service needs of tier
commtmity is axord with the Meridian Comprehensive.Plan. Four districts are designated whicH
differ in the size and scale of commercial stnuxures accxAmmodated is the district, the scale and
mix of allowed commercial uses, and the location of the district proximity to stt+xts and
highways.
B. Schedule of Use: Unified Development Code: (UDC) Table 11-2B-2 lists the principal permitted,
accessory, conditional, and prohibited uses in the existing GN zoning district and the proposed
C-C zoning district.
Both the proposed fuel sales facility and vehicle washing facility require onarditmnal use permit
(CLIP) approval in the GN zone. If the subject rezone application is approved tlu proposed
facilities are principal Permitted uses in the proposed C-C zone. However, the recorded
development agreement requires CUP approval to commence the uses on the site.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2B-3 for the: C-C zoning district if the rezone request is approved.
D. L,aadscaping
1. UDC 11-3B-8C regulates the parking lot standards of the development code (see section 9
below for further analysis).
2. UDC 11-3B-9C regulates the landscape buffers adjacent to residential land uses (see section 9
below for further analysis).
3. Width of street buffer(s): 25 feet along Ten Mile Road and Pine Avemte; and 10 feet along W.
Treva Driver and N. Gray Cloud Way.
E. Off-Street Parking: UDC 11-3C-6B rcgtrires 1 spacx for every 500 square foot of gross floor anx;
a total of 9,287 square foot of building area is proposed. Based on this amount, 20 parking stalls
would be required; 27 are proposed (ace section 9 below for iinther analysis),
9 ANALYS]<.S
a. Anakysis of Facts beading to Staff Recommendation:
R71 Development Agreement: The request is to rezone 5.90 acres of land finrn the C-N zoning
district to the C-C zoning district. The proposed C-C zoning district is consistent with the MU-C
designation.
la 2003, the site was approved as a mixed use development and included a mix of residential and
commercial uses. Presently, the residential portion is developed withmulti-family residential and
the commercial portion was approved with a concept plea. As part ofthat approval, the recorded
development agreement requires detailed CUP approval for the proposed fuel sales facility.
The purpose of the mixed use designation is to provide for a combination of compatible Land uses
that ar+e typically developed under a master or conceptual site plan. At this time only tlu southern
half (one commercial lot) is proposed to develop. Since development is not proposed for the
northern half of the site, staff believes a new concept plea should be tied W the subject property.
Staff is rocommectds that prior to development of the; northern half of the site, the
developer/owner amend the recorded development (a crew DA will be regrdred with the rezone of
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the property) and attach a new concept plan that depicts how the northexa half of the site may
develop. Staff will be looking to ensure compatibility between the northern half and southexa half
of the site.
Ia addition, a transitional zone cannot be provided to buffer the future commercial uses fivm the
residential uses to the east. Staff is also recommending a DA provision that limit certain uses on
the property to exrsure compatibility with the surrounding residences.
Cun~antly, the site is governed by as existing development agroemertt recorded as Ada County
instrument #103184142. ARet reviewing the ra~aded DA, a majority of the DA provisions
nfertxrce the subdivision improvements. Staff believes thexe is some validity to the existing
recorded DA however; it should apply only to the residential portion that is currently de:velaperd.
Staffrecommends the commercial portion of the sift (cun+ently zoned C-N) be removed fivm the
recorded DA (#103184142).
Staff is of the opinion that the cemrmexcial portion (proposed C-C portion attached is Exhibit C)
be subject to a separate DA. Staff believes the proposed development for the southern portion of
the property will set the standard for the remaining commercial portion of the development. With
the adoption of the UDC and the Meridian Design MamraI, City Staff has better tools for
development review. If the Commission or Council feel that additional development amt
Provisions are necessary, staff recommends a clear outline of the commitments of the dewelopex
being required. Staff has included the; rexommanded DA provisions in Exhtbit H).
He-nrs of Opeaatfon: Carnally the subjxt property is zoned C-N and limits business hours of
operation bertveexr the hours of six o'clock (6:00) A.M. sad ten o'clock (10:00) P.M. The
aPPii~ is Proposing to operate from five o'clock (5:00) A.M. and twelve o'clock (12:00) A.M.,
which is one of the masons for soaking the; rezone to C-C. if the proposed rezone is graateti the
applicant will be able to operate the facility as proposed with the excerption of the vehicle washing
facility. Staff is unaware of any obj actions from the adjacent rexide~tial property owners
regarding to the applicant's development proposal. Therefore, staff is supportive of the hours of
operation as pr+oposeed.
CUP: Per the recorded development agreement, the: applicant has submitted a CUP application.
The site plan depiexs fuel islands and canopy, a new 6,287 square foot convenience stop with
drive-through and a 3,495 vehicle washing facility and associated site; improvements on 1.89
acres of land The total squar,c footage of the proposed structures is approximately 9,782 square
feat.
The applicant has included some pedestrian amenities to serve the patrons that may visit the site.
The submitted site plea depicts a large patio area with seating benches located at the rear of the
convenience stop. In addition, the applicant has also communicated to staff that the proposed
planter islands located in front of the store will be deweloperd with patio seating for visiting
patrons. Staff is supportive of the proposed sits design as it provides pedestrian amenities
consistexrt with the Meridian Design Manual. With a future CZC application the applicant will
include more details of the proposed patio areas in final of the sWn
Drive-Through EstabiBsLmentr The applicant has indicated that the proposed drive-tlrmugh is
intended to serve patrons of the convenience store and is not intended for a nstattraat use. Per
UDC 11-4-3-11, the following Specific Use Standards apply to the; proposed drivathrough use of
the property as follows:
A. All establishments providing drive-through service shall identify the: stac]dng lane,
speaker location, and window location on the plans submitted with the Certificate of
Zoning Compliaaee application. The stacking lane, speaker location and window
le>caAion are shown on the submtted site plan and comply wtth this requirearent.
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The currant location of the eiaru board ntay perennially Block pad+ars who ~ to
use the outdoor seating area located in the oar of the oonvrnfaec~e store. Sta,B'
reconea~ends the applicant relocate the neenu board to not impede else pttdesdian
dreulardion to the rear of the building. T yre new locaigtoa of the b~oand slisll be
included on the revised area plan with the submittal oja CZC app/kartton.
B. Stacking lanes. snail have sufficient capacity to prevent obstruction of the public
right-of--way by patrons. The stacking lane is located along the east side ojthe
proposed convenience store. The submitted site plan dimensions the drive aisle width
between the proposed vehicle washing jacility and back of curb jor the stacking lane
at 37'6 ". The typical width jor a two way drive aisle is 2S jeer If the 1S jeer is
subtracted from the 37'6' of the total width; this leaves 12'6' width jor the stackfng
lane. SYa„~''b+elieves there fr sufficient stat~fng capacity for the proposed drive-
through use.
C. The staclong lane shall be a separate lane from the cirarlation lanes needed for eootss
and paddag. The stacking lanes are separate from the circulation lames and romPlY
with this requirement.
D. The stacking lane shall not be located within ten feet (10~ of any residential district
or existing residence. NA (Tbe proposed stacking lane is not within 10' of a
residential district or residence.)
E. Any stacking lase greater than one htmdrad fed (100') in length shall pmvide for an
escape lane. 7Yte proposed site plan depicts an escape lanes
F. A letter from the Transportation Authority indicating the site plan is is corrrpliarux
with the authority's standards and policies shall be required. ACFID's comments are
provided in Exhibit B below
Ftird Sales Facility: Per UDC 11-4-3-20, there are Specific Use Standards that apply to the
proposed fuel sales facility use of the property as follows:
A. When allowed as as accessory use, gasoline or diesel fuel sales facilities shall not
occupy more t]san twenty-five ptn+cent (25%) of the subject property. Not applicable
B. The total height of a~+ overhead canopy or weather prota~ioa device shall not
exceed twenty ftxt (20'). T7re proposed canopy is approximately 20'6", which does
not comply with thin requirement. The canopy should be redesigned to meet the
requirement of the UDC.
C. Velricle stacking lanes shall be available on the property but outside the fueling areas.
Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right-0f--way by patrons. Such staclang lanes shall be separate from areas required for
access and parking. The stacking lams shall not be located within ten feet (10') of
any abutting residential districts. The submitted site plan shows adequate stacking
area on the site outside of the fueling areas and does not abut a residential district.
D. kf the. use is unattended, the standards is accord with Section 11-3A 16 of this Title
shall .also apply. Not applicable.
Vehicle WasMng FacWty: Per UDC 11.4-3-39, there are Specific Use Standards that apply to
the proposed vehicle washing facility use of the property as follows:
A. A situ plea shall be submitted that demonstrates safe pedestrian and velrictrlar access
and circulation on the site and between adjacent properties. At a m;n~..n~m the plan
shall demonstrate compliance with the following standards:
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1. Stacking lases shall have sufficient capacity to prevent obstruction of the
public right of way by patrons. The Proposed facility is located on the east
end of the site. The proposed facility is separated from the main use e f the
site (heel sales facility). In addition. the proposed site will be serviced with
jour access points for patrons and pedestrian to enter the site. TTherefore,
sta,,~believes the washing facility will not obstruct the public piglet ojway.
2. The stacking lase shall be a separate lane from the circulation lases needed
for access and parking The proposed facility has jour hays; iw~o automated
and t»~o self-service. Stacking lanes iR front oj'the facility are adequate to
accommodate additional vehicles in queue. In addition, the stacking lanes
do not impede vehicular cfnadation through the site
3. The stacking lane shall not be located within tm feat (10'j of any
residential district or existing residence. Shacking lanes are rent 10 feet of a
residential district Tfie submitted site plan complies with this requirerrrent
4. A letter from the transportation authority indicating the site plan is is
compliance with the highway district standards and policies shall be
required See section B for the transportation authority comments.
B. Within the industrial districts, a vehicle washing facility shall be allowed only as an
accessory use to a gasoline or dread fad sales faality for the use by noapasseag~x
vehicles. The vdricle washing facility shall be limited in capacity to a single vehicle.
The intent is to discourage facilities that cater to passenger vehicles. N/A. The site is
not zoned industrial.
C. A~+ use that is not fully enclosed shall be located a mmunura one huadrod feet
(100') from say residential district and shall be limited is operating hours from six
o'clock (6:00) A.M. to devea o'clock (11:00) P.M. Currently the proposed
residential district boundary is along the western edge of the subject property. ?7te
proposed facility is setback 13 feet from the residential district. However, the
applicant is proposing to rezone the property which moves the commercial boundary
to the centerline ojthe adjoining roadwiay. If the rezone is approved tlee facility will
be setback from the residential district by 40 feet
Because the facility does not comply with the 100' setbae:lS the applicant has
proposed to enclose three of the four washing bays with doors to comply with this
requirement. It is important to note the physical separation between the fudve jacllily
and the habitable space of the adjacent residences is appraxinrately 140 feet T9tus
stc3Q"is supportive of the applicam's request to place the vehicle x+reshing facility in
the proposed location.
Due to the proximity of the reesidentia! district, the operations ojthe proposed facility
shall comply with the hours of operation as stated above.
D. If the use is unattended, the standards set forth is section 11-3A-16 of this title shall
also apply. The proposed vehicle washing facility will be developed to conjunction
with the fuel sales facility and convenience store. Personnel will be placed on the site
to oversee the operation of the facilities.
Merldiaa Pathways Master Plea: The City's Master Pathways Plea has identified this site as
having the potential to extend the pathway network along south side of Pine Avenue. A 10•foot
wide concrete pathway was constnrctod with the recent intersection improvements. Thus, staff
Ends the site complies with the requirements of the Meridian Masts Pathways Plan.
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Sidewalks: The concept plan depicts existing 7-foot wide attached sidewalks along Ten Mile
Road. The Comprehensive Plan (page 55) and UDC 11-3A-17C requiiss detached sidewalks
along all arterial streets within the City. Because'the existing sidewalk along Ten Milc Road was
rocently construdcd with adjacent road improvements, new detached sidewall~ are not requited
to be constructed at this tune. The attached sidewalks along W. Treva khive and N. Grey Cloud
way were installed with the subdivision improventieats.
Access: Access to the site was granted with approval of the Courtyards at Tat Mile Subdivision.
With that approval, right in/right~out access points were granted to Tea Mile Road and Pine
Avenue. )m addition, four (4) full access points were approved to W. Treva Drive and N. Gny
Cloud Way. All access points are currently coastntcted for the site.
Typically, the standards outlined in UDC 11-3A-3 would resstriet access to Tea Milo Read and
Pine Avern:e. However, the proposed right-inJright-out access. points to the aforat~io~d
roadways were reviewed and approved with the Courtyard at Tm Mile Subdivision. The recorded
plat depicts the greeted access pouts. Therefore, staff is supportive of the proposed access points
to the adjoining roadways.
The applicant is also proposing to construct the internal drive aisle that bisects the north half of
the site and the south half of the site. The proposed drive aisle is meant to provide connectivity to
the adjacent roadways (I'm Milc Road aced N. Grey Cloud Way). A portion of this love aisle is
proposed to be constructed on the adjacmt owner's property. The applicant needs to provide a
signed affidavit of legal interest fiom the adjoining property owner allowing the construction of
the drive aisle on his property with the.submittal of a CZC application. Further, a recorded cx+oss
access agrxmmt will be required at the time of CZC submittal to ensure access is granted to the
~j o~g ProP~Y owners to the north of the proposed development.
Parking: Pa UDC 11-3C-6B, is commercial districts, one off-steed parking space is requited
per 300 square feet of gross floor area. Based on the total square footage of sttudures on the site
(9,287 s.f.), 20 parking stalls are required; 27 spaces are proposed on the submitted site plea. The
proposed parking for the site complies with the parking requirements outlined is the UDC.
Additionally, per UDC 11-3C-6G, one bicycle parking space is requirod to be provided for every
25 vehicle spaces, in compliance with the standards listed is UDC 11-3C-SC. Stall is
t~ommendiag the applicant provide sntfieient bike parking on the site.
Ezisting Strnetare: The site is developed with a single family home. UDC 11-2B-2 does not list
detached single family homes as a conditional or Pr~P~Y Permitted use is the C-C zoning
district. The existing residential structure shall be removed upon development of the site.
Site Plan: Staff has reviewed the site plan (prepared by Roger Foster, LI,C, dated 07/Z2/10,
labeled as Shed SS1.0. included as Exhibit A.2) submitted with this applicatiart. The following
items should to be shown on s revised site plan submitted with the Certificate of Zoning
Compliance application:
• Comply with the bicycle parking requirernmts stated in UDC 11-3C-tiG ate UDC 11-
3C-SC.
• Provide signed affidavit of legal interest from the adjoining property owner (nottheca pad
site) allowing the constntdion of the shared drive aisle on his property with the submittal
of a CZC application.
• Submit a recorded cross access agreement granting access to the adjoining properties
access through the property with the submittal of a CZC application.
• Relocate the menu board as to not impede pedestrian traffic to the rear patio area.
Fist Eddy's Tea Mile Ststioa PAGE 10
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• Call-out patio areas adjacent to the four parking stalls in front of the store on the revised
plea.
}Landscaping: Staff ]ras reviewed the landscape Plan (prepared by Harvest Design, dated
07/19/2010 labeled as Sheet LS-1, included as Exhibit A.3) submitted with this application. The
following items should to be shown oa a nwised landscape plea submitted with the Certificate of
Zaaiag Compliance application:
• Include the a detail for the proposed patio areas located adjacent to the four parking stalls
in front of the store on the revised landscape plan.
• Construct a 25- foot wide landscape buffer adjacent to Tea Mile Road as ~+oposed.
• Construct the landscape buffer along the W. Treva Drive and N. Grry Cloud as proposed.
1'n no case shall the buffer width be reduced less than 10 feet.
Building Elevalioas: The Applicant leas submitted building elevations with this application that
are i~luded in Farlubit A. Building materials for the convenience store include wood shingle
siding. and stucco, cultured stone veneer as a wainscot, and a combination of metal and cloth
awnings and standing seam metal roofing material. The proposed building is highlighted with two
tower features detailed in wood shingle siding and stained roof brackets and a covered cony
feature with a raised parapet for definition. The roof line of the proposed building includes
detailed cornices with as accent band along the towers. The paint scheme for the building
includes two body colors and a trim rolor.
The vehicle washing facility is proposed to be constructed of the same building materials
excluding the stucco. Instead of the stucco, the applicant is proposing to use split facx block and
wood shingle .siding as the primary building materials for the building. The roofing malarial
matches the tower detail of the eonveniencx store and incorporates the same stained roof braclccts
for a uniform design
For the fuel canopy the applicant has not fully integrated it into the design of the site. However
the canopy does incorporate the cornice detail that is used along the roof line of the convenience
store. The canopy includes the corporate colors of the chevron bread which is blue, grey and
white. Because the applicant has done such a nice job with the design of thre primary sttvcdu+e,
staff believes this will define the proposed development and sets the tone for future development
north of this site.
Staff is supportive of the proposed elevations as they comply with the design .standards listed in
UDC 11-3A-19 and Meridian Design Mamial. The future buildings constructed on this site slsaU
substantially comply with these elevations.
Design Review: The proposed development is subject to Administrative Design Review in
accordance with UDC 11-SB-8. Further, the buildings, the site design and the landscape design
are subject to rite standards and guidelines in accordance with UDC 11-3A-19 and the Meridian
Design Manual. Staff has reviewed the site design, landscape design and devotions for
compliance with both the UDC standards and Design Manual guidelines.
Staff finds the site complies with the standards in the UDC ansi the guidelines contained secbian C
Urban/S~.tburban Design Cnuddines in the Meridian Design Manual.
In summary staff is supportive of the applicant's CUP and design review with the conditions
contained herein. To ensare that all of the conditions of approval listed in l,.rtbibit B are
complied wfth and the site plan is amended, the asppncsat wiL be required to obtain s CZC
from the Planning Department prior to receiving a banding. permit.
Fast Eddy's Tea Mile Station
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io. Errs
A. Drawings
1. vicinity Map
2 Site Plan
3. Landscape Plan
4. Elevatia~as
B. Conditions of Appmval
1. Planning Department
2. Public Works Department
3. Firs Department
4. Police Department
S. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description and Exhibit Map
D. Requirod Findings from Unified Dcvelopmettt Code
Fast Eddy's Tea Mile Static
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A. Drawings
I . Vicinity Map
Exhibit A » ! -
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2. Site Play
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Exhibit A
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3. Landscape Plan
Exhibit A - 3 -
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4. Elcvatioas
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B. Conditions of Approval
1. PLANNING DIrPARTMENT
1.1 REZONE
1.1.1 The legal deacriptioa for the proposed annexation submitted with the application (prepared on
July 22, 2010, by Dale Meyers, PLS) shows tlu property within the aristing corporate bonndatY
of the City of Meridian (see Exhibit C).
1.12 A Development Agreernerrt (DA) will be required as part of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be executed between the City of Meridian, the property
owaer{s) at the time of rezone ordinance adoption, and the developer. The Applicant shall eontact
the City Attorney's Office, 898-5506, to initiate this procxss. Said DA shall be signed by tlu
pragxrty owner a~ returned to the City within one year of the city granting the rezone. Ctiirently,
a fee of 5303.00 shall be paid by the applicant to the City Attorney's office prior to
eonamencement of the DA. The DA shall, at mirrimvm, iacmporate the following prvvisiom:
1. Future construction and development of the site shall comply with the standards listed is
UDC 11-3A-19 and the objectives and guidelines of the Meridian Design Manual in
effect at the time of development.
2. Certificate of Zoning Compliance and Administrative Design Review applications are
required to be submitted to the Planning Depmtment for approval of all future
buildings/uses on the site, prior to issuance of building permits.
3. Development of the subJ ~ ProP~S' shall comply withthe C-C standards listed in UDC
11-2B-3. The uses allowed pursuant to this agirnmeat are those uses allowed in the C-C
zoning district listed in UDC Table 11-2B-2 except for the following: drinking
establishments, minor vehicle repair, altripmeat remal, sales and service, wireless
communication facility and vehicle sales and rentals.
4. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
5. The applicant shall be responsible for all costs associated with scorer and water service
installation
6. Development of the southern portion (parcel 3 recorded with ROS #8523) of tlu site shall
comply with the site plan, the elevations and the landscape plan attached is Exhibit A of
the staff report, as amended herein, and with the requirements of the subject
Developmertt Agreement Certificate of Zoning Compliance application is required to be
submitted to the Planning Department for approval prior to issuance of a building permit.
~. Prior to commcnciag development on the northern portion of the site (parcels 1 and 2,
recorded with ROS #8823), the developer/owner slsall modify the devdopmeat
agreanent and attach a new concept plan depicting future development of the north
portion of the site. The fiiture concept plan shall be compatible with the development
proposed for tlu southern half of the site.
1.2 CONDITONAL USE PERMIT
1.2.1 The site plan, prepared by Rogers Foster, LLC dated 07/2?110, is approved, with the conditions
listed herein. The applicant shall revise the site plan as follows:
• Comply with the bicycle parking requirements in accord with UDC 11-3C-6G and UDC
l I-3C-SC.
Fa1-ibit B
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• Provide signed affidavit of legal interest firm the adjoining property owner (northern Pad
sites) allowing the construction of the shared drive aisle oa his prnpaty with the
submittal of a CZC application.
Submit a recorded dross access agreement granting access to the adjoining properties
aocxss through the property with the submittal of a CZC application.
• Rdocate the menu board as to not impede pedestrian traffic to the rear patio at+ea.
• Call-out patio areas adjacent to the four parking stalls in front of the store on the revised
site plea
1.2.2 The landscape plea, prepared by Harvest design, dated 07/19!10, shall be revised as
follows:
• hiclude the detail for the proposed patio areas located adjacent to the four pariicing stalls
in front of the store on the revised landscape plea.
• Construct a 25-foot wide landscape buffer adjaoerrt to Ten Mile Road as proposed.
• Consinut the landscape buffer along the W. Treva Drive and N. Grey Cloud as proposed.
Ia no case shall the buffer width be reduced less thaw 10 feet.
1.2.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, UDC 11~-3-
2t) and UDC 11-4-3-39 for the drive-through establishrnent, thcfirel salts facility and the vehicle
washing facility.
1.2.4 Building elevations of the proposed convenience stone and vehicle washing facility shall comply
with the elevations shown in Exhibit A.4. The proposed fuel canopy shall be lowered 6 inches to
comply with the height requirements outlined in UDC 11--0-3-20A.2.
1.2.5 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that
comply with the conditions of approval listed herein. prior to establishment of the new uses.
1.2.6 All required improvements must be complete prior to obtaining a Certificate of O~pancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the form of a letter of credit or cash in the amount of 1 I O% of the cost of the
required improvements (including paving, striping, landscaping, and irrigation). A bid must
accom~pauy any request for temporary occupancy.
1.2.7 Provide temporary fencing around the perimeter of the building sites to contain debris during
constnuxion and shall be installed around the site prior to release of building peamts.
1.2.8 Undexgr+ound Year-round pressurized irrigation must be provided within this development. The
City of Meridian requires that pressurized irrigation systems be supplied by a year-round source
of water. The applicant shall be required to use any existing surf~e or well water for the primary
source. If a surface or well source is not available, a single~oint connection to the culinary wets
system shall be required. If a single-point connection is used, the developer will be responsible
for the payment of assessments for the comawa areas prior to signature on the final plat by the
City Engineer. An uadergi~ound, pressurized irrigation system should be installed to all laadscape
areas per the approved specifications and is accordance with UDC 11-3A-15 sad MCC 9-1-28.
1.2.9 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A•11.
1.2.10 The request for Administrative Design Review approval for the site and landscape dGSign, and
proposed buildings are approved as modified by the conditions of approval herein. Any
modifications to the site design, landscape design or building ahexations shall not occiu without
written approval from the Planning Department.
Exh~'bit B
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1.2.I I Staff's failure to cite specific ordinance provisions or terms of approval of the Courtyard at Ten
Mile development does not relieve the applicant of responsibility for conoplianoe. The applicant
shall comply with all prior conditions of approval for this site.
1.2.12 Applicant shall have a maximum of 18 months to cx+mmeoce the use as permitted in accord with
the conditions of approval listed above (UDC 11-SB-6~. If the approved use has not begun
within 18 nnonths of approval, a ne~vv conditional uscpeamit must be obtained prior to operation.
Z. Pt78L1C WOAK3 DElAR'iMENT
2.1 Sanitary sewer service to this development is being proposal via eattensian of mains that arc
constructed in N Gray Cloud Way. Minimum cover over sews mains is three feet, if nova from
top of pipe to sub-grade is less than three fed than alternate materials shall be used in
conformance of City of Meridian Public Works Deparmaaats Standard Specifications.
22 Water service to this site is being proposal via extension of mains is N Gray Cloud Way and W
Tr+eva Dr. If approval fire flows can not be achieved the applicant shall be responsible to install
water mains to and through this development, coordinate main size and ivutingwith Public
Works.
2.3 The applican shall provide a 20-foot easement forallpublic watcr/sewa 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 (UDC 11-3A~. The. applie~nt should be required to use any existing surfacx or
well water for theprimary source. If a surface or well source is not available, a singlo-pourt
connection to the culinary water system shall be required.
2.5 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water metal. The applicant shall make the necessary adjushneats to achieve this separation
requirement and comply with all landscape requirements.
2.6 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, and the road base approved, prior to applying for building permits.
2.7 All development improvements, including but not limited to sewer, water, fencing, micro-paths.
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.8 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to issuance of building
Permits.
2.9 Applicant shall be responsible for application and compliance with and NPDF.S Pttmittiag that
may be required by the Environmental Protection Agency.
2.I0 Applicant shall be responsible for applicatia~n and compliance with any Section 404 Permitting
that may be requited by the Army Corps of Engineers.
2.11 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
art located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.I2 Compaction test r+esulis shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.13 The engineer shall be required to certify that the sired centeriine elevations are sd a minimum of
3-fed above the highest established peak groundwater elevation. .
Exhibit B
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2.14 100 Watt and Z50 Watt, high Pressure sodium street lights shall be required per the City of
Meridian Department of Public Works, Impriovement Standards for Street Iaghring. All street
lights shall be installed at sub divider's expense. Final design shall be submitted to the Public
Works Departmart for approved. The street light contractor shall obtain the approved design on
file and as electrical permit from the Public Works. Departmtat prior to Icing
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meaidisa Supplemental Specifications to the ISPWC.
3. FIRS DEPA1tT11~NT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 h" nutlet face the main strut ar parking lot aisle.
b. The Fin hydrant shall not face a street which does not have addresses on it.
c. Firs hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers whexr spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall. be provided to meet the regtrir+ements of the lFC Section 509.5.
h. Show all proposed or existing hydrants for all new eonstrutxioa or additions to existing
buildings within 1,000 foot of the project.
3.2 Acxxptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Wattx Department for bacteria testing. The applicant shall confirm fire flow
~equacy with the Public Works Departimeat prior to submitting the CZC application.
3.3 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 and support as imposed weight of 75,000
GVW.
3.4 Operational fire hydrants, temporary or perrnarient street :signs and access roads with an all
we~thersurface are required before combustible construction is brought on site, asset forth in
International Fire Code Section (lFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.5 Commercial and office occupancies will require a firo-flow consistent with the International Fire.
Code to service the proposed project. Fire hydras shall be placed per Appandix C.
3.6 Maiffisin a separation of 5' from the building to the dumpster enclosure as set forth in Tutexnatiemal
FircCode Sex*ion 3043.3.
3.7 All aspects of the building systems (including exiting systems), procxsses Bt storage praetica4 shall
be r~quirod to comply with the International F"ut; Code Socxion 1012.
3.8 Provide a Knox box entry system for the complex prior to ocxv~cy as sex feath in Intanatiasial Fire
(,Ode SOdlOII 506.
4. POLICE DEPARTMENT
4.1 The Police Department did not provide comments on the subject application.
S. PARKS DEPARTMENT
5.1 The Parks Department did not provide comments on the subject application.
6. SAIYiTARY SERVICE COMPANY
6.1 The applicant shall submit afull-size scaled site plan approved by SSC verifying compliance with
SSC's tequireroents with the CZC application.
Exhibit B
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7. ADA COUNTY HIGHWAY DISTRICT
7.1 The pork chop islands as shown in the applicant's site plan si N. Tea Mild Road and W. Pine
Avenue shall not be allowed. The intersa.~tion of N. Ten Mile Road and W. Pine Avenu is
currently under construction. As part of that construction project, sin-inch ooncrcte nnodians are to
be installed on N. Ten Mile Road and W. Pine Avern~e. From the irrtezsection of N. Tea Mile
Road and W. Pine Avenue the medians are to extend 265 feet south on N. Ten Mile Road and
255-feet east on W. Pine Avenue. The concrete median will r+estrid the driveway onto N. Tea
MileRoad to aright-in right-out only access.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
?.2.2 Private sewer ~ wales systems are proiubited from being located within nay ACFID roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving strut fi+ontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damagoci curb, gutter and sidewalk and atry that maybe damaged during the
construction of the proposed development. Contact Construcxioa Services at 387-6280 (with file
number) for details.
72.5 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, Coastrudion Services proced+ues and all
applicable ACRD Ordinances unless specifically waived herein. An engineer registered is the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building pemait
(or other required permits), which incorporates any required design changes.
7.2.9 Consttucxion, use and property development shall be in carrfornoaace with all applicable
requirennents of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees are required prior io building construction. The assessed
impact foe 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 existing utilities within the right-of-way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicaui. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are comprised during
nay phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless flay are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
r~eprrsentative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written eonfuination of any change from the Ada County Highway District.
7.2.13 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, pleas, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
Faciu'bit B
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S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC
advises the Highway District of its intent to change tha planned use of the sUb}ect proporty unless
a waiver/variancx of said requirements or other legal relief is gt pursuant to the law in effect
at the tutu the change in use is sought.
F.xW'bit B
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C. Legal won and Exhibit Map
EXHIBIT A
tFaiu. at:scx~77oMI ~R RlIT~tE
A POaTWN
TItB coutmrams aT Till YLLE
A ppaN Bland ~ a parllat d The l:apbards d Ten lrMs St~MN1on bostaed N tM
NorlMrad 4M otlite SottBntrest 1!4 d 11, TowruNp S North. RartOs 1 VIMt 8oleft
6Mr~n~ Clb d Nwl~n, Ada taotmty, Idaho. dseorbed sa baaw~
oA61t3 OF BEAItINOh
The wra 2ra or the 8otrtltweet 114 0l 11, Taws 9 North, ftanpa ~ YMett..oohs..
blark9ert~ derMd ham brstd monrArreme arw 4kan ~ sotalt 00'42544' West war tha dtMertos
ttelween monurtertlsiaatd b ba 2848.E feet.
BEOINt~ANO d the NoAAwatt t~rnar of the Naritntroet 1J4 of fha 8oagtrtrart 1K d thediort 11.
T. 9 N., R.1 W., Baps ~Aeridtern ham whtoh 1M SottBnreat oar-ar of srtld SattlrereN 1K basis
t3otAItOQ'42'a4• Wseta dhtmrce d28d,36 t~
Thanoa abnp fha rtorOt Nns d eatd Sou6rwast 1M South 89'20x02" East b the osnNrTns d N.
dap Good Watt a dtetance d 468.60 feet;
Abrp 0ts owttq~ss d N. gray Goud VYay and W. Trwra Dr. the foYossetr~
Thenoe Sotttlt 00•ai'42" Wset a didanoe of 106.42 het b a point d otMwittrd
Thence atone s ottrw b the tart witfi a radius d 6tT.00 tea! and a aarttrei ergh d 2a'26'60~' ~
ara lafprf dS4.41 fed (w1Ut a dtord treerkq d Sot6h 12.01 "i9" East, and `a shad dtetenos d
24.21 heq b a point or fir,
Tttena South 24.44'06' East a dietArae d 33.40 fast b a poht d owvalurrK
Thertos etap a otevs b tln rtpht with a tadlus of 66.00 feet and a osnttot and d 2x'26'60' en
era Wptlr d 24A1 Net (wi0r a chord t of t3oWr 12'01'19' ~ iutd a chord dleartos d
24.24 Net) b a point d mnpertay;
Therta SotrBt 00'41'42' NUwt a dtstence cr 191.80 feet b a potet d ourvetunC
Thanes afore a ot#w b the ~h with a tedlue of 80.00 fed and a otrrt~t:arpis of 64'61'2 art
ara hn8tlt d T0.N NN (west a afford t d South 28'0T2~ West, and a dtord dirrisnos of
T9.70 beq b a pdM d tartportay;
Thence t9ouat b8'39'07" tflAaat a of 208.62 fed b a pobtt d aiwa~
Tltertoe abrp a cww b the r~ht w@heractitro d raoo rest era a asntnd anps d95'~06'34' art
aro lenpgt d 42W Nat (war a chard of South 73'0726" Wier, end a chord dhtenos d
4227 hat) b s point d thtgenay;
~~ ~ 88'18'18' West b a pobrt on the west une of add SotrtlnMSd 114 s dN4rtcs d
Therge haNp acrd North 00'42'44° Eaett a diatortoa d a7x.29 hat b tlta
POMdTT OF oEOtNNtNQ.
Sall Paroat oortt~dnA 26tf,848 square het or 6.80 aorea, more orlea and h wgsot b
eoddrtQ easmatts and rfgM~of-vrara or reoond or hnpffad.
END OF DESCRIPTION ~
~Meyera, P.1..8.19663 ~
tta7 Park Cunha , Suite 1
Nerr~ Idaho 4
(206j 466.6887
Exhibit C
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111E.F11DIAP1 Pl~LIC
WORKS DEPT.
S:\Docs\ST Investments, Inc\General\AGR\Development Agreement (CLEAN 11-16-10).DOC
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EXHIBIT B
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EXMBIT FOR
A i~01lTION OF
• 11-~ OOtECTYAflt?8 AT T8! AN.E 8U80lV191dt
L+OG1Tf~ W TfE 1!W 1M CR TF~18Mf 1M OF 8®C'TION 11.
~ 7~OYYNBMP si NOlITF~, RAMOB 1 MIEBT. 6018E
~w ApA OfXMTY, lQAFIO
Exhibit C
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D. Regttirod Findings from Unified Development Code
1. Rezone: Findings:
Upon recommendation from the Commisdon, ~ Coundl shall male a fall im~eatigatios
sad shall, at the public hearing, revis'w the application. In order to grant as anneutioa
aadlor nzoae, the Connell shtzl melee the following findings:
a. The snap amendment complies. with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subjod property from GN to C-C. The Council
finds that the proposed caning map amendment complies with the applicable provisions
of the Comprehensive Plan.
b. The map amendment complies wfth the regulations outSeed for the proposed
disMct, speciftcally the Purpose statement;
The Council finds that the proposed map amendment to GC will provide services for
residents in this arcs of the city, coasisteni with the purpose statement farthe-commercial
districts.
G The map amendment shall not be mRterially detrimental to the public health, safety,
and welfare;
The Cotntcil finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and Couuwtil rely
oa any oral or written testimony that may be provided whoa detanoiaing this ~8.
d. The map amendmert shalt not result is an adverse impact upon the delivery of
services by any political subdivfsfon providing public services within the City
including, bat not limited to, school disMt~s; sHd,
The Council finds that the proposed zoning amendment will not resuh in any adverse.
impact upon tht: delivery of services by any poetical subdivision providing services to
this site.
e. The;anneYatioa is in the best of interest of the CIty (UDC 11-SB-3.EJti
This finding is not applicable as the applicant is retlwesting approval of a rezone, not
annexation.
2. Conditional Use Permit Findings:
The Commission and Council shall review the particular Each and dreamstsnces of each
proposed conditional use in terms of the following, and may approve a eonditioasl use
permit ff they shalt Sad evidence presented at the hearing(s) b adequate to esbblish:
a. That the sfte is large enough to accommodate the proposed use and meet all t~
dimensional and development regulations fn the disMct is wluic6 the use is' located.
The Council finds that if the site is designed according to the coaditioas of approval is
Exhibit B, the site will be large enough to accommodate the proposed use and t the
dimensional and developmart regulations of the C-C zoning district and the fuel sales
facility, drive-through establishment and vehicle washing. facility specific ust standards.
Exhibit D
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b. That the prolassed use wIII bt harmonious wfth the Merhiian Comprehensive plan
and in accord with the requirements of this TStie.
'The Council finds that the proposed uses in the proposed GC zone meets the objoarves
of the Comprehensive Plan.
¢. That the de:;gn, constnrction, operation and maintenance will be compatible wlth
other uses in the general neighborhood and with the e~dsting or intended character
of the general vicinity and tLat such use will not adversely ehsnge the essential
character of the same area.
The Council finds that the proposed commercial devdopment is crompatible with other
uses is the general area and will not adversely ebenge the character of the area.
d. That the proposed ase, ff' it complies with all conditions of the approval imposed,
wiU not adversely affect other property in the vieiaity.
The Council finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
a That the proposed use will be served adequately by e:seatird public facilities and
servkes such as highways, streets, schools, parks, police and tbx ptotedton,
drainage stractnres, refuse disposal, water, and sewer.
The Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subj~t property. Please refer to eoan~ts prepared by the Public Wazlcs
Department, Fire Department and other agencies.
f: That the proposed use will not create ezcessIve additional costs for public facgities
and services and wiIl not be detrlmental to the economic welfare of the commwrity.
The Council finds that the applicant will pay to extend the sanitary sewer and watea
mains into the site. No additional capital facility costs are expected finrzr the City. The
applicant and/or firture property owners will be required to pay impact fees.
g. That the proposed use will not Involve activities or processes, materials, equipment
and condition of operation that wiD be detrimental to any persons, property or the
gencr+tl welfare by reason of excessive production of traffic, noise, smoke, fhmes,
glare or odors.
The Council finds that the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the su:rormdiag area
Thee Council recognizes the fact that traffic and noise will intx~ease with the approval of
this development; however, the Council does rx>t believe that the amount generated will ,
be detrimental to the general welfare of the public.
h. That tLe proposed use will not result in the destradion, loss or damags of a natural,
scenfc or hlstorlc feature considered to be of major importance.
The Council finds that the proposed development will not result is the destr~tion, loss or
damage of ally natural feature(s) of major importance. Staff recommends that the
Commission and Council nfertnce any public testimony that may be wed to
determine whether or not the proposed development may destroy or damage a natural or
scenic feature(s) of major importance of which staff is unaware.
Ex1u'bit D _ 2
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