Linder Church of Christ AZ-12-007CITY OF MERIDIAN E IDIAN~--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 21.82 Acres of Land with the C-C (17.35
Acres) and R-8 (4.46 Acres) Zoning Districts, Located on the South Side of W. Ustick Road,
Midway Between N. Black Cat Road and N. McDermott Road, by Linder Church of Christ.
Case No(s). AZ-12-007
For the City Council Hearing Date of: October 16, 2012 (Findings on November 1, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 16, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 16, 2012, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 16,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 16, 2012, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-007
Page 1
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 16, 2012, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
The applicant's request for Annexation & Zoning is hereby approved with a Development
Agreement per the provisions in the attached Staff Report for the hearing date of October 16,
2012, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-SB-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of October 16, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-007
Page 2
By action of the City Council at its regular meeting held on the ~~ day of __~~_,
2012.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED~a---
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED~i
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER KEITH BII2D VOTED
MAYOR TAMMY de WEERD VOTED J
(TIE BREAKER)
~~rry
ry de Weerd
o~o~P U s
Attest: y~ '~°g
c¢yoe
E IDIZ IAN~-
IOAMO
W
aycee man, City Clerk ^Fy SEAL ~~
T~9°~/Oe T&!!l~p~y
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By: Dated:
City Clerk Offic
CITY OP MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-007
Page 3
EXHIBIT A
STAFF REPORT
HEARING DATE: October 16, 2012
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: AZ-12-007 -Linder Church of Christ
~E IDIZ IAN~-
~J
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Linder Church of Christ, has applied for annexation and zoning (AZ) of 21.82 acres of land with
the C-C (17.35 acres) and R-8 (4.46) zoning districts. A conceptual development plan was submitted with the
application showing how the property may develop in the future with a church, office/commercial, multi-
family and single-family residential uses.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the application based on the Findings of Fact and Conclusions of Law in Exhibit
D of the Staff Report.
The Meridian Planning & Zoning Commission heard these items on September 6, 2012. At the public
hearing, the Commission moved to recommend approval of the subject AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Shawn Nickel
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Shawn Nickel
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. Access to Ustick Road;
ii. Tlming for construction of the fence along the canal;
iii. Discussion regarding improving the canal as a water amenity if left open.
c. Key Commission Change(s) to Staff Recommendation:
i. Modify condition #l.l.i to allow fencing to be constructed adjacent to the canal at the time the
first abutting parcel develops (see Exhibit B).
d. Outstanding Issue(s) for City Council:
i. A waiver is requested to UDC 11-3A-6A which requires waterways to be piped unless improved
as a water amenity or linear open space; the applicant requests approval to leave the Settler's canal
open due to its large capacity.
ii. A waiver is requested to UDC 11-3A-3A, which requires access to be taken from a local street
when available; the applicant requests approval of an access to Ustick Road, an arterial street.
as ummarv of City Council Public Hearin:
L In favor: Shawn Nickel
11. In opposition: None
111. Commenting: Justin Lucas. ACHD
Linder Church of Christ AZ-12-007 PAGE 1
EXHIBIT A
jy~ Written testimon y: None
y, taff nresentin~ application: Sonya W
yi. Other staff comm enting on apnlication: No ne
1L Key Issues of Discuss ion by Council:
» Cross-access to t he_pro e~.y to the west:
11. Direct access to U stick Road:
jji: Possibility of imp rgying the Settler's canal as a water ame_n_ity if left oven.
~, Key Council Change s to Staff/Commission Rec ommendation
i= Strike condition #1 1~ which req~~ired the Settler's Canal to he tiled: Council annroved a
waiver to iJDC 1 1-3A-6A allowing the cana l to remain oven.
lit Modify condition #1.1.a to allow direct acc ess to the site via Ustick Road: Council approve
a waiver to UDC 11-3A-3A allowinP direct access to Ustick Road. an arterial street.
lil. dd a new orov i ion reauirin~ a cross-ac cess/ingress-enress easement to be granted to the
property to the w est (see Exhibit B. conditi on.#l.l.i.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-12-007 as
presented in the staff report for the hearing date of October 16, 2012, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ-12-007 as
presented during the hearing on October 16, 2012, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number AZ-12-007 to the hearing date of (insert continued hearing date here) for the
following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the south side of W. Ustick Road, midway between N. Black Cat Road & N.
McDermott Road, in the north 'h of Section 4, Township 3 North, Range 1 West (Parcel # S 1204120800)
B. Applicant/Owner(s):
Linder Church of Christ
1555 N. Linder Road
Meridian, ID 83642
C. Representative:
Shawn Nickel, SLN Planning
1589 N. Estancia Place
Eagle, ID83616
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for an annexation and zoning request. A public hearing is required before the
Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
11, Chapter 5.
Linder Church of Christ AZ-12-007 PAGE 2
EXHIBIT A
B. Newspaper notifications published on: August 20, and September 3, 2012 (Commission); September 24,
and October 8, 2012 (Gifu Council)
C. Radius notices mailed to properties within 300 feet on: August 17, 2012 (Commission); September 20,
2012 (Gifu Council)
D. Applicant posted notice on site by: August 27, 2012 (Commission); October 5, 2012 (City Council
VI. LAND USE
A. Existing Land Use(s): The site is currently used for agricultural purposes.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Rural residential/agricultural properties, zoned RUT in Ada County
South: Single-family residences in Tricia's Subdivision No. 3, zoned R-4
East: Single-family residences in Jaydan Village Subdivision, zoned R-8
West: Rural residential property, zoned RUT in Ada County
C. History of Previous Actions: NA
D. Utilities:
Public Works:
a. Location of sewer: W McMurtrey Street
b. Location of water: W Ustick Road,W Moonlake Drive and W McMurtrey Street
c. Issues or concerns:
E. Physical Features:
1. Canals/Ditches Irrigation: The Settler's Canal runs along the west boundary of this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the flood plain or flood way.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated Mixed Use Community (MU-C) (approximately 19.3 acres) and Medium
Density Residential (MDR) (approximately 1.75 acres) on the Comprehensive Plan Future Land Use Map.
There is a Neighborhood Center (NC) overlay designated on the plan for the MU-C area.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
existing use (staff analysis in italics):
• "Permit schools, churches, and other public and civic uses in rural areas, that are compatible with
adjacent uses."
The applicant proposes to develop a portion of the site, which lies within a rural area, with a church,
consistent with this objective.
• "Support applications that apply the neighborhood center concept."
The proposed conceptual development plan for the site depicts a church with future office%ommercial,
multi family and single family residential uses, consistent with the neighborhood center concept
diagram contained in the Comprehensive Plan.
Linder Church of Christ AZ-12-007 PAGE 3
EXHIBIT A
• "Require screening and landscape buffers on all development requests that are more intense than
adjacent residential properties."
A 25 foot wide landscape buffer is required to be provided adjacent to residential uses along the east
and west boundaries of the site on the property proposed to be zoned C-C in accord with the standards
listed in UDC I1-3B-9C, per UDC Table 11-2B-3.
• "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low
walls, berms, etc.)
A 25 foot wide landscape buffer is required to be provided along W. Ustick Road, an arterial street, in
accord with the standards listed in UDC 11-3B-7C, per UDC Table I1-2B-3.
• "Locate small-scale neighborhood commercial areas within planned residential developments as part
of the development plan."
This site is 21.82 acres in size and is proposed to develop with neighborhood-scaled uses.
• "Encourage compatible uses to minimize conflicts and maximize use of land."
Staff is of the opinion the proposed church is compatible with existing rural residential/agricultural
properties and future higher density residential and commercial uses. The hours of operation of future
businesses within the C-C district that are adjacent to residential uses are restricted to the hours
between 6 am and 11 pm. The C-C zoned property is also required to provide a 25 foot wide
landscape buffer to residential uses.
Based on the policies listed above and the proposed concept plan, staff is of the opinion the proposed zoning is
consistent with the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Schedule of Use:
Unified Development Code (UDC) Table 11-2A-21ists the principal permitted, accessory, conditional, and
prohibited uses in the R-8 zoning district. The concept plan depicts future single family residential uses on
the portion of the site proposed to be zoned R-8, which are a principal permitted use in the R-8 district.
Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and
prohibited uses in the C-C zoning district. The concept plan depicts a proposed church and future
office%ommercial and multi family residential on the site. A church as well as office uses are listed as
principally Z permitted uses in the C-C district; multi family development is listed as a conditional use.
B. Dimensional Standards: Upon annexation, the dimensional standards listed in UDC Table 11-2A-6 for the
R-8 zoning district and UDC Table 11-2B-3 for the C-C district applies to this site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests approval to annex a total of 21.82 acres of land with the C-C (17.35 acres) and R-8
(4.46 acres) zoning districts. The property is currently zoned RUT in Ada County. The proposed zoning is
consistent with the FLUM designations for this site (see Section VII above).
The annexation legal description submitted by the applicant, included in Exhibit C, shows the boundary of
the property proposed to be annexed and zoned contiguous to the existing boundary of the City of
Meridian and within the Area of City Impact boundary.
Concept Plan: The concept plan submitted by the applicant (included in Exhibit A.2) depicts a 50,000
Linder Church of Christ AZ-12-007 PAGE 4
EXHIBIT A
square foot church building, which will be constructed with the first phase of development. The concept
plan also depicts future office/commercial, multi-family and single-family residential uses to be
constructed in future phases.
Access: Access to the site is depicted on the concept plan via Ustick Road. There are also two existing
(local) stub streets at the east boundary of this site from Jaydan Village Subdivision that the concept plan
shows extending into the site.
Because access to this site is available via two (2) local streets (W. McMurtrey Street & W. Moonlake
Drive), access is required to be taken from the local streets. Access to W. Ustick Road is prohibited unless
waived by the City Council, per UDC 11-3A-3A.
Water & Sewer Service: This site lies at the edge of the City's sewer service area. Sewer service to
develop the entire property will not be available until a new sewer trunk line is installed from the west into
this site. The timing for construction of the new trunk line is not known at this time. The Public Works
Department has agreed that a private pressure sewer line would be allowed to serve the church building
only but further development would not be allowed until the new sewer trunk line is installed. At the time
that gravity sewer is available, this site will be required to cease their temporary pump station use and
connect to gravity sewer at the developers cost. The developer will also be required to spray line the
existing sewer manhole located in W. McMurtrey Street.
Landscaping: A 25-foot wide landscape buffer is required along W. Ustick Road in accord with the
standards listed in UDC 11-3B-7C, per UDC Table 11-2B-3. A 25-foot wide landscape buffer is required
adjacent to the residential uses on C-C zoned property in accord with the standards listed in UDC 11-3B-
9C, per UDC Table 11-2B-3. Internal parking lot landscaping will be required in accord with the standards
listed in UDC 11-3B-8C.
Hours of Operation: Business hours of operation in the C-C zoning district are limited from 6:00 am to
11 pm when the property abuts a residential use or district, per UDC 11-2B-3A.4. There are existing
residences along the east and west boundaries of this site. Staff recommends that hours of operation of
businesses along these boundaries be restricted accordingly through a development agreement (DA).
Waterways: The Settler's canal runs along the west boundary of this site. Unless improved as a water
amenity or linear open space, the canal is required to be piped, or otherwise covered, unless waived by the
City Council in accord with UDC 11-3A-6A.
Pathway: The Meridian Pathways Master Plan depicts a section of the City's multi-use pathway system
running north south across this site. The concept plan depicts a pathway along the east side of Settler's
Canal that runs along the west boundary of the site. The pathway should be located and constructed in
accord with the standards contained in the Pathways Master Plan and approved by the Parks and
Recreation Department. A public pedestrian easement is required to be submitted to the City, approved by
City Council, and recorded.
Fencing: Unless improved as a water amenity as part of the development, the canal is required to be
fenced with an open vision fence at least 6-feet in height and having an 11-guage, 2-inch mesh or other
construction, equivalent in ability to deter access to the canal, in accord with UDC 11-3A-6B.
Development Agreement: The City may require a development agreement (DA) in conjunction with an
annexation pursuant to Idaho Code section 67-6511A. Although a conceptual development plan was
submitted, no development is proposed with this application. To ensure the site develops consistent with
the Comprehensive Plan and the concept plan, staff recommends a DA is required as a provision of
annexation with the provisions included in Exhibit B.
Based on the analysis above, staff finds annexation of this property with C-C and R-8 zoning with a
concept plan is consistent with the Comprehensive Plan and is in the best interest of the City. Therefore,
staff recommends approval of the AZ request with a development agreement.
Linder Church of Christ AZ-12-007 PAGE 5
EXHIBIT A
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Conceptual Development Plan (dated: 7/24/12)
3. Conceptual Building Elevations
B. Agency Comments
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Linder Church of Christ AZ-12-007 PAGE 6
EXHIBIT A
Exhibit A.1: Vicinity Map
Exhibit A PAGE 1
EXHIBIT A
Exhibit A.2: Conceptual Development Plan (dated: 7/24/12)
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Exhibit A PAGE 2
EXHIBIT A
3. Conceptual Building Elevations
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EXHIBIT A
Exhibit B: Agency Comments
On August 23, 2012, Planning Staff held an agency comments meeting. The agencies and departments present
include: Meridian Fire Department, Meridian Police Department, Republic Services, and Meridian Parks
Department. Staff has included all comments and recommended actions below.
1. PLANNING DEPARTMENT
1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the
annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property
owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact
the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and
returned to the city within two (2) years of the City Council granting annexation. Currently, a fee of
$303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA.
The DA shall, at minimum, incorporate the following provisions:
a. Access to the site shall be provided via W. Ustick Road and the two (2) local streets that stub at
the east boundary of the site (W. McMurtrey Street & W. Moonlake Drive).
T T~+:..1~ D ., T.: L.: .t 1. T Tll!' 1 1 2 A 2 A
~~r~cl-i~~r~~:,frii~y-G~C~~~~.~T Council approve
a waiver to UDC 11-3A-3A to allow access to the site via Ustick Road. Access must also be
approved by ACHD.
b. Future development shall comply with the design standards listed in UDC 11-3A-19 and the
guidelines contained in the Meridian Design Manual.
c. Prior to development of the R-8 zoned portion of the site, the property shall be subdivided. Future
lot lines shall follow the zoning boundaries established with the annexation.
d. Future development of the site shall substantially comply with the conceptual development plan
included in Exhibit A.2.
e. A 25-foot wide landscape buffer is required along W. Ustick Road in accord with the standards
listed in UDC 11-3B-7C, per UDC Table 11-2B-3. A 25-foot wide landscape buffer is also
required adjacent to residential uses on the property zoned C-C in accord with the standards listed
in UDC 11-3B-9C, per UDC Table 11-2B-3. Internal parking lot landscaping will be required in
accord with the standards listed in UDC 11-3B-8C.
f. Business hours of operation in the C-C zoning district are limited from 6:00 am to 11:00 pm when
the property abuts a residential use or district, per UDC 11-2B-3A.4.
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approved a waiver to UDC 11-3A-6A allowing the Settler's canal to remain open.
h. A 10-foot wide multi-use pathway is required to be constructed along the east side of Settler's
Canal. The pathway should be constructed in accord with the standards contained in the Pathways
Master Plan and in a location approved by the Parks and Recreation Director. A public pedestrian
easement is required to be submitted to the City, approved by City Council, and recorded. The
pathway shall be constructed in its entirety with development of the first abutting property.
i. Unless improved as a water amenity as part of the development, Settler's canal is required to be
fenced with an open vision fence at least 6-feet in height and having an 11-guage, 2-inch mesh or
other construction, equivalent in ability to deter access to the canal, in accord with UDC 11-3A-
6B. The fencing shall be constructed in its entirety with development of the first abutting
ro e
j. Across-access/inEress-egress easement shall be granted to the property to the west (parcel
#1204212470) in accord with UDC 11-3A-3A. A recorded copy of said easement shall be
Exhibit B PAGE 2
EXHIBIT A
submitted with the first Certificate of Zoning Compliance application for the site.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via a temporary pump station that will be
owned and maintained by the Linder Church of Christ that will discharge to mains located in W
McMurtrey Street. This private station will store and discharge only sanitary sewer accumulated from
the church, no other development shall be allowed to discharge to the mains in W McMurtrey Street.
This site is sewer master planned to discharge to the future Can Ada lift station. At the time that
gravity sewer is available, this site will be required to cease their temporary pump station use and
connect to gravity sewer at the developers cost. The developer will also be required to spray line the
existing sewer manhole located in W McMurtrey Street.
2.2 Water service to this site shall be constructed via extension of mains in W Ustick Road, W McMurtrey
Street and W Moonlake Drive. The applicant shall be responsible to install a looped water connection
from W Moonlake Drive to W McMurtrey Street due to fire flow requirements, along with
constructing a 12 inch water main in W Ustick road to and through this development, coordinate main
size and routing with Public Works.
2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right
of way (include all water services and hydrants). The easements shall not be dedicated via a plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms., a legal
description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"
map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed,
signed and dated by a Professional Land Surveyor. DO NOT RECORD.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of
water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for
the primary source. If a surface or well source is not available, asingle-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer will be
responsible for the payment of assessments for the common areas.
2.5 Any existing domestic well system within this project shall be removed from domestic service per City
Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-
5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such
as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.
Whitney at (208)334-2190.
2.6 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections
(208)375-5211.
2.7 Applicant shall be required to pay Public Works development plan review, and construction inspection
fees, as determined during the plan review process, prior to the issuance of a plan approval letter.
2.8 At the completion of the project, the applicant shall be responsible to submit record drawings per the
City of Meridian AutoCAD standards. These record drawings must be received and approved prior to
the issuance of a certification of occupancy for any structures within the project.
2.9 The City of Meridian requires that the owner post to the City a performance surety in the amount of
125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to
final plat signature. This surety will be verified by a line item cost estimate provided by the owner to
the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.
Please contact Land Development Service for more information at 887-2211.
Exhibit B PAGE 3
EXHIBIT A
2.1,0 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%
of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two
~. This surety will be verified by a line item cost estimate provided by the owner to the City. The
surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact
Land Development Service for more information at 887-2211.
2.11 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian
Department of Public Works Improvement Standards for Street Lighting. All street lights shall be
installed at developer's expense. Final design shall be submitted to the Public Works Department for
approved. The street light contractor shall obtain the approved design on file and an electrical permit
from the Public Works Department prior to commencing installations. The contractor's work and
materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the
ISPWC.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments related to this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no comments related to this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
7.1 The applicant shall design and construct the multi-use pathway consistent with the location and
specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by
the Parks and Recreation Director.
7.2 Prior to issuance of the first Certificate of Occupancy on the land abutting Settlers Canal, a public
pedestrian easement for the multi-use pathway along Settlers Canal shall be submitted to the City,
approved by City Council and recorded.
7. ADA COUNTY HIGHWAY DISTRICT
This application is for a rezone only. Listed below are site-specific conditions of approval that the
District may require when it reviews a future development application for this site. The District may
add additional site-specific requirements when it reviews a specific re-development application
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Dedicate 48 feet ofright-of--way from the centerline of Ustick Road, abutting the site. The right-of-
way purchase and sale agreement and deed must be completed and signed by the applicant prior to
issuance of a building permit (or other required permits). Allow up to 30 business days to process the
right-of--way dedication after receipt of all requested material. The District will purchase the right-of-
way which is in addition to existing right-of--way from available Corridor Preservation Funds.
7.1.2 Construct a 5-foot wide concrete sidewalk located a minimum of 42 feet from the centerline of Ustick
Road abutting the site (measured centerline to near edge of sidewalk). The sidewalk shall be located
either wholly within the public right-of--way or wholly within a public right-of--way easement.
Exhibit B PAGE 4
EXHIBIT A
7.1.3 Extend the existing stub street of Moonlake Drive into the development and construct Moonlake Drive
as a 36-foot street section with rolled curb, gutter, and 5-foot wide sidewalks within 50 feet of right-of-
way, as proposed.
7.1.4 Construct the cul-de-sac of Moonlake Drive to provide a minimum turning radius of 45 feet.
7.1.5 Construct a 40-foot wide driveway onto Ustick Road located approximately 700 feet west of the
intersection of Ustick Road and Christian Way, as proposed. Pave the driveway its full width and at
least 30 feet into the site beyond the edge of pavement of the roadway.
7.1.6 Construct a 36-foot wide driveway at the terminus of McMurtrey Street, abutting the site. Pave the
driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway.
7.1.7 Enter into a development agreement with the District for the future restriction closure of the driveway
on Ustick Road located 700 feet west of the intersection of Ustick Road and Christian Way.
7.1.8 Other than the access specifically approved with this application, direct lot access is prohibited to
Ustick Road.
7.1.9 Payment of impacts fees are due prior to issuance of a building permit/
7.1.10 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-of-
way.
7.2.3 In accordance with District Policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation
of ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280 (with
file number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACRD right-of--way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 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.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
Exhibit B PAGE 5
EXHIBIT A
ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho
shall prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation
of any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require
the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that
time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Exhibit B PAGE 6
EXHIBIT A
C. Legal Description and Exhibit Map
Exhibit C PAGE 1
EXHIBIT A
1
5 4f
89'18'29" W S 89'18'23" E
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T.3N.. R.iW. 1849.26' 4 3
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AUG 16~ 2012
n~~r~~ni~N PUBLIC
~ N89'24'26"W
N'p~ 1' 7 ~. 224.93'
EXHIBIT "9" ~NO.
1 s4a2
sso
soe DESCRIPTION FOR ANNEXATION
~ SURVEYING .
.
CO UNdER CHURCH !]F CHRIST EET N0.
LLC
m+ R ~
~
P!'Of83S{OfiUl j+R7ld SuTUeyor ~
>s
BepJe, ID 83616 LOCATED IN T LO 2 AND 3 OF
y SECTION 4, T.3N.. R.IW.. B.M.. WG.~DA
Exhibit C PAGE 2
EXHIBIT A
N
20B:8fi0.3AA~2
w-. ; < - ~ .-~ D' P S UR~i'E~ING~ LLC dt}~cughQa mm:cnir
Prafc~+lartal Z,~rptd St~rveyar isoK E. Pr°haslc~ Cr..
g, :Eagle, II~..$36I fi
July 23 2~ l 2
i4eaone 1tUT to CC
Linder Church oaf Christ.
A portion of Parcel D as shown on Retard o~ Survey No 6326, Ada County
records, located in Government. Lots 2 and 3 of Section 4, T.3N:,R.1 W.,, B.M., Ada.
Cocnt}-, Idaho, anoxe particularly described ss ~Fa~lows: BEGIPi1NING at the North 16<
corner of said Section 4, from which the Northeast. corner of said section bears South
89°1$'23" East, 2638.23 feet;
Thence along the sectifln line South 89° 18'23" East,. 78425 feet;
Thence departing said section line. South 00°41'58" Nest, 1124.93 feet;
Thence Nartl~ 34°U9'4.9" West, 45698 feet;
Thennce North 79°fl9'49" West, 28.28 feet;
Thence Sau#h S5°SU'11"West, 3~S.QU feet;
Thence North 34°Q9'49" West, 848.1,4 feet;
Thence Nairth OQ°4l'31"East, 228.30 feet to a point on the North Iine of sand
Section 4;.
Thence-along said North line South 89° 1.8'29" Fast, 234.9(? feet to-:the Point. of
Begiiu~ng. Co..ntaining 17.35 acres, mare ar Ices,
Written frame data of record. without berAefit of a field survey ley DTP 'S-~rveying,
~tt~ ~ ~ ~~~G r.
Exhibit D PAGE 0
EXHIBIT A
N 89'18'29„ W S 89'18'23,: E
.263823. • • .....2638.52' ... _ . .
32 33~ ~~33'I% "^ S$9'18'23"E 789.26' T.ala.. R.tW. 33 34
5 •4 -- - -- -~~..,~~_
~ '~- RP08 W. t/STiC1{ RD. i:3N.: RfW. 4849.26` ' ~} 3
~- a 589'18'29"E ~ .
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~~~ 17.35 ACRES 3
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N79`09'4J"W ~ ~
~Y ~ ti 28.28'
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AG 16 2012
MER1DlA~l PU'BUC
Wt?RKS p6PT.
`1p8.866.94!k~
~-._E DTP kSURVF~.YINGr;, LLC ~s~ea~om
lSd6 $. Profiaelrs Gt.
[ ProfessionatLand Surveyor ~ sic
3
E~Fi1BlT °B" QESCRIP710N FOR ~.NO.
Rur m cc REZONE '~
UNDER CfiWRGl Of CHRIST yEE7 NC
l~Qlk
Exhibit D PAGE 1
EXHIBIT A
N
,.
1J~1 ~ V.,R V.C,~~~~ LLC dtrcu~li~rnsnm.
{y-w•.~g - - ---
Pro~r'onuC. hared Se~rveyar laQfi ~. Proliaskr C~
s Ea~c,. tI3 83b15
rt~ly 23, 2012
Rezone RUT #v it 8
Linder Church of Christ
A portion. of Parcel I~ as shown on Record of Suru~y ItTo f32F, .Ada. County
records, Iocated in Govexnn~.ent L' at Z of Section 4, T,31V.,R. I W,.; B.M., Ada. County,.
Idaho, more partieulariy described as follov~+s; Commencing at the North;l~ corner of
said Section-4, From which theNortheast corner of said sec#ioa bears South $~°~8'23"
East, Zb3S.23 feet; .
Thence along the section line South 89°18'23".East, 7$9.25 feet;
Thence departing said section line South UU°4l'S8°° West,.11:29.93. feet to ttie
REAL FC1I1~1T {)~ B~~INNiN~;
Thence continuing South 00°41'58" Nest, 245.27 feet to a point un the South line
of said. Government r.ot 2;
Thence along said line 1tiTorth 89°24'2&" Nest, 224.93 feet;
'T`hence 1Vorth 3~°t}9'49" West, 55U.OO feet;
Tl~ence.l~Torth 55°Sd'11".East, 345.UU feet;
Thence South 79°.09'49" East, 28.28. feet;
Thence South 34°09'49" ~ 455.98 feet to the Point ofBegiiunuzg, Containing.
4.46 acres,. more or less.
Written from data at record withoct benefit of a field survey by i:7TP Surveying.
~,~ ,~-
tt~~ ~ ~~TtG
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4~
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Exhibit D PAGE 2
EXHIBIT A
N 89'18'29" W
•. • 2638:23'. ,
j~
32.33 `.' .,~33' f4
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7C
25 l00 400
0 50 200
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Y
AUG.. S 6 ZO#~
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UIORK~ pEP7,
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i+y
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t ~" t4
ON
0
N 9 24'~fi"W
224.93'.
x EXHIBIT °8" DESCRlPiION FOR: ~e No-
t aoe.s6a.saaa RUT TO R-8 REZONE ~
~_.. ~ SURVEYING LLC ~~°°, uNOER eNU~cH aF cH~ls7 MEer Na
~ i~6 E. Pmh.~tea a,.
1 Frofessiona2:Land Surueyor. Lagte, m 83Bi6 tACAlEt} IN tATS 2 i!1NU 3 OF
g SEGTICTPI +;.: T 31V . R 74Y.,. f3.M, FJA
r.••~•• .
_ _ S89'18'23"E 789.26:_ _ T.4N:, _P:1 W: 33 34
W. USTtCK RD. _ T:3N., R.tw. 1849:2fi' 4 3
S79'Q9'48"E
28:28'
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`' ~~t~a ~psS>.
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O`Q~~ NEW R-8 REZONE: AREA.`
mss` 4,4ti ACRES
Exhibit D PAGE 3
EXHIBIT A
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Council finds that the proposed map amendment to C-C and R-8 is generally consistent
with the future land use map designations of MU-C and MDR, with a neighborhood center
overlay on the MU-C portion. Please see the applicable provisions of the Comprehensive
Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the C-C and R-8 zoning districts and
the subsequent mixed use development, is generally consistent with the purpose statement of
the residential and commercial districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The Council finds annexing this property with the C-C and R-8 zoning districts is in the best
interest of the City. The Council finds that the nature of future development on this site can
be addressed through a development agreement.
Exhibit D PAGE 4