SGI 12-010ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 40
BOISE IDANO 01110113 01:26 PM
DEPUTY Bonnie06erbillig III I'~I'III'I'll'I~'II'I~'IIIII"I'II
RECORDED-REQUEST OP
meridian Ciry i 13G~r~ ~r1e7
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. SGI, LLC, Owner
3. North Eagle Road, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this~~ day of 2013, by and between City of Meridian, a municipal
corporation of the State of Idaho, ereafter called CITY, and SGI, LLC, whose address is 3024 W.
Edson Street, Boise, Idaho 83705, hereinafter called OWNER, and North Eagle Road, LLC, whose
address is 1332 Main Street, Suite 30, Columbia, South Carolina 29201, hereinafter called
DEVELOPER.
RECITALS:
1. l WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit A, which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property; and
1.2 WHEREAS, LC. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the Owner
and/or Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Ordinance 11-SB-3, which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner and/or Developer have submitted an application for
annexation of the Property described in Exhibit A, and has requested a
designation of C-G (General Retail and Service Commercial District),
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
DEVELOPMENT AGREEMENT -SGI, LLC (AZ 12-010) Pace 1 OF 11
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning &
Zoning Commission, and subsequently before the City Council, include
responses of government subdivisions providing services within the City of
Meridian planning jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, Ciry Council, the 20`h day of November, 2012, has approved
the Findings of Fact and Conclusions of Law as set forth in Exhibit B,
which are attached hereto and by this reference incorporated herein as if set
forth in full, hereinafter referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into
a development agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 OWNER and/or DEVELOPER deems it to be in their best interest to be
able to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at their urging and requests; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this development agreement, herein being
established as a result of evidence received by the City in the proceedings
for zoning designation from government subdivisions providing services
within the planning jurisdiction and from affected property owners and to
ensure re-zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted on April 19, 2011,
Resolution Noll-784, and the Zoning and Development Ordinances
codified in Meridian Unified Development Code, Title 11.
NOW, THEREFORE, inconsideration 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
DEVELOPMENT AGREEMENT - SGI, LLC (AZ 12-010) Pnca 2 OF I 1
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 SGI, LLC, whose address is 3024 W. Edson
Street, Boise, ID, the party that owns said Property and shall include any
subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers North Eagle Road, LLC, whose address
is 1332 Main Street, Suite 30, Columbia, South Carolina 29201, the party
that is developing said Property and shall include any subsequent
developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in Exhibit A
describing the parcels to be annexed as C-G (General Retail and Service
Commercial District), and 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-2.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNINGDEVELOPMENTOFSUBJECTPROPERTY:
5.1 Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
1. Access to the site shall be provided as shown on the site plan via E. River Valley
Street; direct access to N. Eagle Road is prohibited.
2. Across-access easement shall be granted by the property owner to the properties to
the north, south of the South Slough, for access via E. River Valley Street. A copy
of the recorded easement shall be submitted to the Planning Department prior to
issuance of the first Certificate of Occupancy for this site.
3. A 35-foot wide landscape buffer is required along N. Eagle Road in accord with the
standards listed in UDC 11-3B-7C, per UDC Table 11-2B-3. A 15-foot wide
landscape buffer is also required adjacent to residential uses 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.
DEVELOPMENT AGREEMENT -SGI, LLC (AZ 12-010) PAGF. 3 OF 11
4. Business hours of operation in the C-G zoning dishict 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. Extended hours of operation may be requested through a conditional use
permit.
5. A 10-foot wide multi-use pathway is required to be constructed along N. Eagle
Road and E. River Valley Sheet as shown on the site plan. 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.
6. A public pedestrian easement for the multi-use pathway is required to be submitted
to the City, approved by City Council, and recorded prior to issuance of the first
Certificate of Occupancy on this site. The pathway shall be constructed in its
entirety with the first phase of development.
The developer is required to obtain approval of a Certificate of Zoning Compliance
and Design Review application prior to issuance of building permits. The layout of
the site and design of the structure(s) shall be generally consistent with the site plan
and building elevations approved with this application and shall comply with the
design standards listed in UDC 11-3A-19 and the guidelines contained in the
Meridian Design Manual.
8. The developer shall install pedestrian lighting and landscaping consistent with the
Eagle Road Corridor Study along the multi-use pathway adjacent toEagle Road/SH
55 in accord with the standards listed in UDC 11-3H-4C.
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 and/or Developer or Owner's and/or Developer's heirs,
successors, assigns, to comply with Section 5 entitled "Condiions 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 and/or Developer's
default of this Agreement, Owner and/or Developer shall have thirty (30)
days from receipt of written notice from Ciry 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
DEVELOPMENT AGREEMENT- SGI, LLC (AZ 12-010) Pncs 4 OF 11
with diligence be cured within such one hundred eighty (180) day period,
then the time allowed to cure such failure may be extended for such period
as may be necessary to complete the curing of the same with diligence and
continuity.
7.3 Remedies. In the event of default by Owner and/or Developer that is not
cured after notice as described in Section 7.2, Owner and/or Developer
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/or
Developer reserve all rights to contest whether a default has occurred. This
Agreement shall be enforceable in the Fourth Judicial District Court in Ada
County by either the City or Owner and/or Developer, or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement
may be sought by an appropriate action at law or in equity to secure the
specific performance of the covenants, agreements, conditions, and
obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner and/or Developer or Ciry is delayed for causes
that are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner and/or Developer of
any one or more of the covenants or conditions hereof shall apply solely to
the default and defaults waived and shall neither bar any other rights or
remedies of City nor apply to any subsequent default of any such or other
covenants and conditions.
8. INSPECTION: Owner and/or Developer shall, immediately upon completion of
any porflon 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 and/or Developer, or Owner's and/or Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply with
DEVELOPMENT AGREEMENT - SGl, LLC (AZ 12-010) Pnce 5 OF 11
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, subject to
section 7 above.
9.2 A waiver by City of any default by Owner and/or Developer of any one or
more of the covenants or conditions hereof shall apply solely to the breach
and breaches waived and shall not bar any other rights or remedies of 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
and/or Developer's cost, and submit proof of such recording to Owner and/or Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Property by the City Council If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the Property contemplated
hereby, the City shall execute and record an appropriate instrument of release of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement, enact
a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner and/or Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or
in equity to secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
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 and Owner
and/or Developer shall have thirty (30) days after delivery of notice of said
breach to correct the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the case of any such
default which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same within such
thirty (30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure maybe
extended for such period as maybe reasonably necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed hereunder by
either Owner and/or Developer or City is delayed for causes which are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
DEVELOPMENT AGREEMENT- SGI, LLC (AZ 12-010) Puce 6 OF 11
disobedience, strikes or similar 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
and/or Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner and/or Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the City and
Developer and/or Owner has entered into an addendum agI•eement stating when the improvements
will be completed in a phased developed; and in any event, no CeItificates 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/or 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:
OWNER:
DEVELOPER:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
SGI, LLC
3024 W. Edson Street
Boise, Idaho 83705
North Eagle Road, LLC
1332 Main Street, #30
Columbia, SC 29201
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.
DEVELOPMENT AGREEMENT-SGI, LLC (AZ 12-010) PACE 7 OF 11
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 peI•form 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/or Developer of the Property, each subsequent owner and any other
person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or
alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to
the provisions hereof and any successor owner or owners shall be both benefited and bound by the
conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or
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 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 and/or Developer and City relative to
the subject matter hereof, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between Owner and/or Developer and City, other than as
are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto unless reduced to
writing and signed by them or their successors in interest or their assigns, and pursuant, with
respect to City,to aduly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance
DEVELOPMENT AGREEMENT- SGI, LLC (AZ 12-010) Pnce 8 OF I1
in connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER:
SGI, LLC
By. ~ r~~r~ l~`'l ~r ~~.
CITY OF MERIDIAN
~~~1 GC~.~~ r' Jl
Mayor Ta y e Weerd
ATTEST: ~• ~ ~
ti~'G 9 ,
~,~ ~ ~-, Cily of
Ciry Clerk
~~-- ~ 7DAHU
9 ` y~q
~F?T
~ ,3 S'.tiL ~*
E9V~78e I¢EA`'~iAFv 4
DEVELOPMENT AGREEMENT -SGI, LLC (AZ 12-010) Paca 9 OF 11
DEVELOPER:
STATE OF IDAHO, )
County of Ada
ss
t~-
On this 1 a day of Sr.~~-~-'~, 2013, before me, the undersigned, a
Notary Public in and for said State, personally appe eaf d tr~c.o~c~ ~~~ G 'Ne~,r known or
identified to me to be the person who executed the agreement on behalf of SGI, LLC, and
acknowledged to me that he executed the same of behalf of said Limited Liability Corporation.
STATE OFw ,~ ~` E , )
ss
County of /~vr~~otn`i,~ )
On this D ~ day of ~~ _, 2013, before me, the undersigned, a
Notuy Public in and for said State, personally appeu~ed Rebecca K. Wright, known or identified to
me to be the person who executed the agreement on behalf of NORTH EAGLE ROAD, LLC, and
acknowledged to me that he executed the same of behalf of said Limited Liability Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
J~~``~' ONATe '°~''.
(SEAL) ~~ PJ ,~yassio~ 9~
2 '°usu~ 2~
Notary Public for ~dalie•
Residing at: -~~1Gi~~~//
My Commission Expires:
`~~
~p //~~t'
~~p/'C.CI may,
DEVELOPMENT AGREEMENT- SGI, LLC (AZ 12-010) Pnce 10 OF 11
STATE OF IDAHO )
County of Ada
ss
+'h
On this ~ `J _ day of arv , 2013, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. olman, 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 City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
``~~
I~1 t Public for I aho
Residing at: ~ ~~ r-a\~ ~
Commission expires:,~G~ /~ Zt~l ~)
DEVELOPMENT AGREEMENT - SGI, LLC (AZ 12-010) PAGF' 11 OF 11
Exhibit A: Atmexation Legal Description
16AHIJ
St1RVEY
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Protect No.12-D54
!#50 Frut Wuartower st
suits.IfB
Meridla~s Idihv 87Wt
Phana (?C®) BS69f~0
Fax {~sBj esi.SlA9
September 5, 20fti
DESCRIPTION FbR
2430 N, EAGLE ROAD
ANNEXATION
A panel of Isnd Pacated in the SW 1/4 at the N4V 114 6f SeGlon 4, T.3N„ fi.1E.,
t3.fui., Ada Caunfy, Idaho more padiculady desoribad as fellows;
BEGINNING at the W1Iq oomer of said Saalian 4 fmm which tna NW comer trf
tieclion 4 hearts North 00°36'05' East, 2011.38 feel;
thence slang the West boundary tine of said S~rtian 4 North 44°35'05' East,
150,00 feeF
thence leaving at said West boundary line South 69°45`3" East, 350.04 feel;
thence South 04°36`48° West, 154,40 feet to a point on the East-West centerline
of said Section 4;
thenoe airrng sold East=West cetterline North 69`4523' West, 350A4 feet io fns
READ POINTt7F 6EGINNfNG, containing 1,45 aaras, mare ar teas,
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FINDINGS OF FACTF ONC~L ISU ONS OF LAW ~~i1/~E IDIAN~-
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Annexation & Zoning of 1.45 Acres of Land with a C-G Zoning
District; and Conditional Use Permit for aDrive-Thru Establishment in a C-G Zoning District
within 300-Feet of a Residential District, Located at 2420 N. Eagle Road, by G4 Acquisitions, LLC.
Case No(s). AZ-12-010; CUP-12-008
For the City Council Hearing llate of: November 7, 2012 (Findings on November 20, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 7, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 7, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 7,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 7, 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 (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 1 ]Meridian City Code, and all curcent 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.
C[TY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &. ORDER
CASE NO(S). AZ-12-D10; CUP-12-008
-1-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 7, 2012, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shalt meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation & Zoning is hereby approved with the requirement of a
Development Agreement containing the provisions noted in Exhibit B of the attached Staff
Report for the hearing date of November 7, 2012, attached as Exhibit A.
2. The applicant's request for Conditional Use Permit is hereby approved per the attached Staff
Report for the hearing date of November 7, 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).
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 1 I-SB-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council maybe granted. With alt extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-SB-6F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
CITY OF MERIDIAN FINDINGS OP FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NO(S). AZ•12-m0; CUP-12-008
.2_
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 Cade § 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 November 7, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-O10; CUP-12-008
-3-
By action of the City Council at its regular meeting held on the ~ day of '~~ / rgiw~,/~(~
2012. L'~'~
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCII. MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
VOTED U~~
VOTED d_
VOTED
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
Dated: /yove.m hPX~l~ac~la
CI rl Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-010; CUP-12-008
-4-
EXHIBIT A
STAFF REPORT Hearing Date: November 7, 2012
TO: Mayor & City Council E IDIAN~-
FROM: Sonya Wafters, Associate City Planner I D A H O
208-884-5533
SUBJECT: AZ-12-010; CUP-12-008 - SGI
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, G4 Acquisitions, LLC, has submitted an application for annexation and zoning (AZ) of
1.45 acres of land with a C-G zoning district. Concurrently, a request for a conditional use permit
(CUP) was submitted for adrive-thru establishment in the proposed C-G zoning district within 300
feet of a residential district. See Sec[ion IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, with the requirement of a development agreement
per the provisions listed in Exhibit B, and the CUP based on the Findings of Fact and Conclusions of
Law in Exhibit D of the Staff Report.
ix€etsuatien}.
The Meridian Plannine & Zoning Commission heard these items on October 4.2012. At the
aublic hearine. the Commission moved to recommend aoaroval of the subject AZ and CUP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Doue Russell; Ben Kneadter
ii. In ouaosition: None
iii. Commentine: None
iv. Written testimony: Phil Hull
v. Staff oresentiue application: Sonya Wafters
vi. Other staff commentin¢ on application: Bruce Chatterton
b.
c.
i. None
d. Outstandine Issue(s) for City Council:
i. The Commission directed the apnlicant to work with staff on re-desien of the drive-thru
to address concerns related to circulation and stacking on the site. The site & iandscaae
plans included in Exhibit A re/lec[ the revisions made a>i'er the Commission meeline.
ii. The applicant requests Council approval of a reduction to the buffer width required on
C-G zoned property adjacent to residential oroaerty from the required 25 feet to 15 feet
at the east boundary of the site.
SGl AZ-12.010; CUP-12.008 PAGE I
EXHIBIT A
e, nmmarv of City Council Public Aearin¢:
i. In favor: Doue Russell
IL In nnnosition: None
111. Commentinv: None
IY. Written testimonv: Phil A X11
y, Staff presenting annlication: Sonva Wafters
It.
nroviaion #l.t.cl.
ii. Council approved Staff'a recommendation
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-12-
O10 and CUP-12-008 as presented in the staff report for the hearing date of November 7, 2012; with
the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-12-010
and CUP-12-008 as presented in the staff report for the hearing date of November 7, 2012, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers AZ-12-010 and CUP-12-008 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 subject property is located at 2420 N. Eagle Road on the northeast comer of N. Eagle Road
and E. River Valley Road, in the NE % of Section 4, Township 3 North, Range I East
B. Owner(s):
SGI, LLC
3024 W. Edson Street
Boise, ID 83705
C. Applicant:
G4 Acquisitions, LLC
7795 NW Beacon Square #201
Boca Raton, FL 33487
SGI AZ-12-O10; CUP-12-008 PAGE 2
EXHIBIT A
D. Representative:
Doug Russell, The Land Group, Inc.
462 E. Shore Drive
Eagle, ID 83616
E. Applicant's StatemenUJusti6cation: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and conditional use permit. 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.
B. Newspaper notifications published on: September 17, and October 1, 2012 (Commission),;
October 15, and 29, 2012 !Gifu Council)
C. Radius notices mailed to properties within 300 Feet on: September 7, 2012 (Commission);
October 12, 2012 (City Council)
D. Applicant posted notice on site by: September 19, 2012 (Commission); October 18, 2012 (City
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: A residence currently exists on the subject property which is
zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Vacant property, zoned RUT in Ada County
2. East: Apartments (Regency at River Valley), zoned R-40
3. South: Commercial properties (The Village at Meridian) zoned C-G
4. West: Offices, zoned L-O
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: currently stubbed from Regency at River Valley, (Bach Homes)
b. Location of water: currently stubbed from Regency at River Valley, (Bach Homes)
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Downey Sublateral runs along the southern boundary of this
site and has been covered.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: NA
VH. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use -Regional (MU-R)" on the Comprehensive Plan Future
Land Use Map. "The purpose of this designation is to provide a mix of employment, retail, and
SGI AZ-12A10; CUP-12-008 PAGE 3
EXHIBIT A
residential dwellings and public uses near major arterial intersections. The intent is to integrate a
variety of uses together, including residential, and to avoid predominantly single use developments
such as a regional retail center with only restaurants and other commercial uses. Developments should
be anchored by uses that have a regional draw with the appropriate supporting uses. Fox example, an
employment center should have support retail uses; a retail center should have supporting residential
uses as well as support retail uses; a retail center should have supporting residential uses as well as
supportive neighborhood and community services. The standards for the MU-R designation provide
an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate
mix to the developments. The developments are encouraged to be designed according to the
conceptual MU-R plan depicted in Figure 3-S of the Comprehensive Plan:'
This site is proposed to develop with amulti-tenant retail building and either adrive-through
restaurant or more multi-tenant retail space. In looking at the overall MU-R designated area, there is a
regional retail center (The Village at Meridian) in the development process directly to the south which
also contains restaurants and offices. Amulti-family residential development (Regency at River
Valley) is also in the development process directly to the east. The proposed retail and possibly
restaurant use would be consistent with the MU-R designation and the mix of uses desired in this
area.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Require that development projects have planned for the provision of all public services."
When the City established its Area of Ciry Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the subject property
in the following manner:
- Sanitary sewer and water service is available to the property.
- The lands are capable of being serviced by the Meridian Fire Department (MFD).
- The lands are capable of being serviced by the Meridian Police Deparunent (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACRD) and the Idaho Transportation Department (ITD). This
service will not change.
- The subject lands are currently serviced by [he Meridian School District #2. This service will
not change.
- The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Deparhnent, the Meridian Planning Department, Meridian Utility Billing Services, and Republic
Services.
• "Provide landscaping, pedestrian friendly areas, and appropriate signage at gateways, and new
development sites throughout town as appropriate, with upscale attractive construction."
With development o f the site, the applicant is required to provide landscaped street buffers in
accord with the standards listed in UDC 11-2B-3 and 11-3B-7C along N. Eagle Road, an
entryway corridor into the City, and E River Palley Street, a collector street. Amulti-use
pathway is proposed along Eagle Road and River Palley Street in accord with the Meridian
Pathways Master Plan. To ensure quality design, all future structures are required to comply
with the design standards listed in UDC 11-3A-19 and the design guidelines in the Meridian
Design Manual.
SGI AZfl2-010; CUP-12-008 PAGE 4
EXHIBIT A
• "Require screening and landscape buffers on all development requests that are more intense than
adjacent residential properties."
There is an apartment complex in the development process directly to the east of the site. A 25-
foot wide landscape buffer, landscaped in accord with the standards listed in UDC 11-3B-9C, is
required in the C-G zoning district adjacent to residential uses; a ISfoot wide bu„~er is
proposed. The adjacent property has provided a S foot wide landscape buffer with a 6 foot tall
solid vinyl fetrce.
• "Require landscape street buffers for new development along all entryway corridors."
Upon development of the property, a 35 foot wide landscape buffer will be required along N.
Eagle Road, an entryway corridor, landscaped in accord with the standards listed in UDC 11-
3E-7C Landscape Buffers along Streets.
• "Require all commercial and industrial businesses to install and maintain landscaping."
With development of this site, all businesses will be required to install landscaping within parking
lots in accord with the standards listed in UDC Il -3B-8C Parking Lot Landscaping. Street bu, fjer
landscaping is also required per UDC Table 11-28-3 in accord with the standards listed in UDC
II-3B-7C. A landscape bt~er is required adjacent to the residential use to the east per UDC
Table 11-2B-3 in accord with the standards listed in UDC II-3B-9C Landscape Buffers to
Adjoining Uses.
• "Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City."
The subject property is contiguous to the City and urban services can be provided at the time of
development.
• "Reduce the number of existing access points onto arterial streets by using methods such as cross-
accessagreements, access management, and frontage/backage roads."
Access to this site is required to be provided via E River Palley Street, a collector street; access
to N. Eagle Road, an arterial street, is prohibited, Anorth/south access driveway is proposed
along the east property boundary for access to~om the subject property and the properties to
the north via River Palley; cross-access will be required to be provided to the properties to the
north.
For the reasons stated above, staff finds the proposed development is consistent with the MU-R
designation and is consistent with the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six (6)
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the dishict in
proximity to streets and highways.
B. Schedule of Use: Unified Development Cade (UDC) I 1-2B-21ists the permitted,
accessory, conditional, and prohibited uses in the C-G zoning district. The proposed retail
and restaurant uses are listed as principal permitted uses in the C-G district; the proposed
drive-through establishment requires conditional use permit approval when located
within 300 feet of another drive-through facility or a residential use or district. The
SGI AZd2-010; CUP-12-008 PAGE 5
EXHIBIT A
specific use standards listed in UDC 11-4-3-11 apply to proposed drive-through
establishment.
C. Dimensional Standards: The dimensional standazds listed in UDC Table 11-2B-3 for the C-G
zoning district apply to development of this site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
ANNEXATION & ZONING (AZ):
This site is comprised of 1.45 acres of land zoned RUT in Ada County. The applicant proposes to
annex the property with a C-G zoning district consistent with the Comprehensive Plan Future
Land Use Map designation of MU-R.
The applicant proposes two options for develonment of the site.
The first phase option, Option A, is proposed to consist of a 3;Oa3 1_0~ square foot (s.£) multi-
tenantretail building (see Exhibit A.2).
the-seeend-phase-The €+rst-plan second option, Option t~ B, depicts a 5,040 s.f, retail building and
a 2,879 s.f. restaurant with adrive-through (see Exhibit A.3).
a,,..ar..... G !\7C n F ....,If: «„1..:1 1.,.:1.ii......~s....l. e.l 4.. IL... {:«..4 1...:I.1:...- /....., C-.I.~l.i4 A\
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Option B the site would develop in two phases with the retail building develooing first
The applicant submitted conceptual building elevations for the retail buildings proposed in phase
Options A & B fn-phased (see Exhibits A.2 and A.43).
Elevations were not submitted for the restaurant proposed in phased es Option A B because there
is not a user at this time, Building materials are depicted as stacked river rock veneer, stucco, cast
stone water table/sill, and stucco cornices with canvas awnings.
Access: Access to the site is proposed via E. River Valley Street; access to N. Eagle Road is
prohibited. Anorth/south driveway is proposed as a backage road along the east property
boundary for access to River Valley by the subject property and the properties to the north. Staff
recommends as a provision of [he DA that across-access easement be granted by the property
owner to the properties to the north, south of the South Slough. A copy of the recorded easement
should be submitted to the Planning Deparhnent with the first Certificate of Zoning Compliance
application for this site.
Landscaping: A 35-foot wide street buffer is required to be provided along N. Eagle Road, an
entryway corridor, as shown on the landscape plan. A 20-foot wide buffer is required to be
provided along E. River Valley Street, a collector street, in accord with the standazds listed in
UDC i I-3B-7C. A 25-foot wide buffer is shown on the landscape plan.
A 25-foot wide landscape buffer is required to be provided along the east property boundary
adjacent to the future residential uses currently under construction in the Regency at River Valley
project, in accord with the standards listed in UDC 1 I-3B-9C. The landscape plan depicts a 15-
foot wide buffer in this area. The applicant requests Council approval of a reduced buffer width
as shown. The applicant's justification for a reduced buffer width is that the adjacent property to
the east is providing a 5-foot wide buffer with a 6-foot tall vinyl fence. Additionally, there will be
adrive aisle and parking rather than a residence adjacent to that boundary. Additionally, when
River Valley was constructed, an access point/curb cut was constructed on this site in the location
shown per the intersection setback requirements from Eagle Road which established the entry and
buffer width. Council has the authority to mods the width if of the required buffer at a public
hearing with notice to surrounding property owners (UDC I l -3B-9C.2).
Pathways: A 10-foot wide multi-use pathway is proposed on the site plan along N. Eagle Road
SGI AZ-t2-010; CUP-I2-008 PAGE 6
EXHIBIT A
and E. River Valley Street in accord with the Master Pathways Plan. Staff recommends as a DA
provision that a public pedestrian easement be submitted to the City, approved by City Council
and recorded prior to issuance of the first Certificate of Zoning Compliance for this site.
Fencing: No fencing is proposed with development of this site. A 6-foot tall vinyl fence was
proposed to be constmcted along the east property boundary with development of the Regency at
River Valley project to the east.
Hours of Operation: The UDC (11-2B-3A.4) requires business hours of operation in the C-G
zoning district to be limited to the hours between 6 am and 10 pm when the property abuts a
residential use or district. Because this property abuts a residential district and future residential
uses on the east, these restrictions apply. Extended hours of operation may be requested through a
conditional use permit.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance and Design Review application prior to issuance of building permits. The
layout of the site and design of the structure shall be generally consistent with the site plan and
building elevations submitted with this application and shall comply with the design standards
listed in UDC 1 ]-3A-19 and the guidelines contained in the Meridian Design Manual.
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(s), staff recommends
a DA is required as a provision of annexation with the provisions included in Exhibit B.
CONDITIONAL UsE PERMIT (CUP): The UDC requires conditional use approval of adrive-
through establishment when the property is located within 300 feet of another drive-through
facility or a residential use or district. Because there is an apartment complex in the development
process on the properly to the east, zoned R-40, within 300 feet of the site, a CUP is required.
Per UDC 11-4-3-11, the following Specific Use Standards apply to the proposed drive-through
use of the property as follows:
A. All establishments providing drive-through service shall identify the stacking lane,
speaker location, and window location(s) on the plans submitted with the Certificate of
Zoning Compliance application. The stacking lane & window location is shown on the
site plan; the speaker location is not shown.
B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons.
The proposed stacking lane has space for approximately -~8 cars to stack If more than ~8
cars are in line for the drive through,
the public right_of-way will not be obsn•ucted
C. The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking. The proposed stacking lane provides space for approximately ~8 cars to
stack without obstructing access or parking. ~'el+~vdihat, ears-will be-bFeekingihe
SGI AZ-12-O10; CIJP-t2-008 PAGE 7
EXHIBIT A
areund ear-s in ~:•u,.,..a,. ,.....~.:__ .., ... ,._ .z,......,,...
D. The stacking Zane shall not be located within ten feet (10') of any residential district or
existing residence. The proposed stacking lane is not within ten (10) feet of a residential
district or residence in compliance with this requirement.
E. Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane. The proposed stacking lane is approximately 120 feet in length. The site plan
does show an escape plan in compliance with this requirement.
F. A letter from the Transportation Authority indicating the site plan is in compliance with
the authority's standards and policies shall be required. ACHD has no comments on the
internal design of this site.
Staff recommends approval of the proposed AZ, with a development agreement with the provisions
listed in Exhibit B, and approval of the CUP.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Site, Landscape Plan, and Building Elevations - Option A (REVISED after Commission
Meeting)
3. Site, Landscape Plan, and Building Elevation - Option B (REVISED after Commission
Meeting)
B. Conditions of Approval
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. Annexation Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
SGI A7.-12-010; CUP-12-008 PAGE 8
CXIIII3IT A
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EXHIBIT A
Exhibit B: Agency Comments
On September 13, 2012, Planning Staffheld an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, 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 as shown on the site plan via E. River Valley Street;
direct access to N. Eagle Road is prohibited.
b. Across-access easement shall be granted by the property owner to the properties to the
north, south of the South Slough, for access via E. River Valley Street. A copy of the
recorded easement shall be submitted to the Planning Deparhnent prior to issuance of the
first Certificate of Occupancy for this site.
c. A 35-foot wide landscape buffer is required along N. Eagle Road in accord with the
standards listed in UDC 1 I-3B-7C, per UDC Table 1 I-2B-3. A X15-foot wide landscape
buffer is also required adjacent to residential uses in accord with the standards listed in
UDC 11-3B-9C, per UDC Table I I-2B-3,
]eternal parking lot landscaping will be required in accord with the standards listed in
UDC 11-3B-8C. City Council approved a modifrcation to the width of the required bu,~er
to residential uses along the east property boundary from 25 feet to 1 S feet.
d. Business hours of operation in the C-G zoning district are limited from 6:00 am to I I:00
pm when the property abuts a residential use or district, per UDC 11-2B-3A.4. Extended
hours of operation may be requested through a conditional use permit.
e. A 10-foot wide multi-use pathway is required to be constructed along N. Eagle Road and
E. River Valley Street as shown on the site plan. 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.
f. A public pedestrian easement for the multi-use pathway is required to be submitted to the
City, approved by City Council, and recorded prior to issuance of the first Certificate of
Occupancy on this site. The pathway shall be constructed in its entirety with the fast
phase of development.
g. The applicant is required to obtain approval of a Certificate of Zoning Compliance and
Design Review application prior to issuance of building permits. The layout of the site
and design of the structure(s) shall be generally consistent with the site plan and building
elevations approved with this application and shall comply with the design standards
listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
h.
SGI AZ12-010; CUP-12-008 PAGE 16
>;XHIBIT A
2. PUBLIC WORIts DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains that were
stubbed from Regency at River Valley,(Bach Homes).
2.2 Water service to this site is being proposed via extension of mains currently stubbed from
Regency at River Valley,(Bach Homes). The applicant shall be responsible to install water mains
to and through this development, coordinate main size and routing with Public Works.
2.3 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
welt 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 prior to
signature on the final plat.
2.4 A letter of credit, cash surety or bond in the amount of 110% will be required for all uncompleted
non-life safety improvements leg. fencing, landscaping, amenities, etc.), prior to occupancy.
2.5 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.6 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.
2.7 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.8 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.9 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.10 The City of Meridian requires that no trees are to be installed within 5 feet of water meters, fire
hydrants or valves this includes no planting over the top of sewer, water, irrigation mains or
services.
2.11 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.12 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 stmctures within the
project.
2.13 100 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 elech•ical 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.
SGI AZ-12-O10; CUP-t2-008 PAGE 17
EXHIBIT A
3. FIRE DEPARTMENT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 %" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a sheet which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed t8" above finished grade to the center of the 4 %," outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
b. Show all proposed or existing hydrants for all new construction or additions to
existing buildings within 1,000 feet of the project.
3.2 All enhances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Sec[ion 503.2.4.
3.3 All common driveways shall be straight or have a turning mdius of 28' inside and 48' outside and
have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000
GV W, per International Fire Code Section 503.2.
3.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
3.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
3.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.7 Commercial and office occupancies will require afire-flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
3.8 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
3.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
3.10 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Sec[ion 505.1.
3.1 I All aspects of the building systems (including exiting systems), processes & storage pmcHces shall
be required to comply with the International Fire Code Section 101.2.
3.12 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building as set forth in Intemational Fire Code Section 503.1.1.
3.13 Applicant needs to be cautious with street lights and trees that might be placed near the
entrance. These will need to be set back from the street 12 to 15 feet from River Valley to
allow for the sweep of the bucket of our -adder truck to turn into the complex. Also any
SGI AZ-12-010; CIJP-12-008 PAGE 18
EXHIBIT A
trees that might overhang the drive aisles will need to be kept at 13 feet 6 inches of
clearance.
4. POLICE DEPARTMENT
4.l The Police Department has no concerns with the revised site plan.
S. REPUBLIC SERVICES
5. ] The site plan submitted with the Certificate of Zoning Compliance should include the following:
a. Trash enclosure door openings need to be 12 feet inside
b. Include detail on gate wind stops, etc.
c.
appreaelr.
d. If recycling is proposed, contact Bob Olson at Republic Services to discuss.
6. PARKS DEPARTMENT
6.1 Construct a 10-foot wide multi-use pathway as shown on the site plan along E. River Valley Road
and along N. Eagle Road in accord with the Meridian Pathways Master Plan.
7. ADA COUNTY HIGHWAY DISTRICT
The applicant should provide a permanent sidewalk easement for skkwaHc bested outside
of the right-ofway. The easement shall encompass the entire area between the right-of-
way line and 2 feet behind the bads edge of the sidewalk. Sidewalks shall either be
bcated wholly within the public ripht•of--way or wholly within an easement.
SGI AZ-12-OIO; CUP-I2-008 PAGE 19
EXHIBIT A
Exhibit C: Annexation Legal Description & Exhibit Map
fDAHO luo~uw,osw,«sc
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SURVEY ~~~~
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Project No. 12-084
SsPMmbe S, 2012
DEBCRIPTION FOR
2420 N. EAGLE ROAD
ANNEI(ATIOl1
A parcel d knd located h tM SW 1H d the MVY 114 d 8ectlon 4, T.3N., R.tE.,
B.M., Ada CauMy, Idaho moro particularly dsseribed a fo8ows:
BEGtNNINO M the Wt/4 comer d said SscBon 4 from which file NW comer d
Section 4 bears North 00'38'08' Flat, 2811.38 feek
ttrence Meg tM Wsst boundary tine d asW SeeBon 4 Morth 00.38'08' Esst
180.00 rest
tltenca kavkg d said VVat bourWary tine south 8fa°46'23' Eat, 360.00 rest;
81sna South 00.38'08' WaM,180.00 fat b a pdM on Yn East Wet nrrtsrNra
d eaM SaoiWn 4;
lMnoe Morg said Eat YVest oenbrl{ne NoM 8G'46'23' WeM, 360.00 feet to the
REAL POINT OF BEOMNMNO, ooMalniny 1.46 aaa, mots ar ba.
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Gregory G. Carter, P,L3.
SGI AZ-12-010; CUY-12.008 PAGE 20
EXHIBIT A
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SGI AZ-12-010; CUP-12.008 PAGE 21
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 Bndings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The City Council finds that the proposed map amendment to C-G is generally consistent with
the future land use map designations of MU-R. 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,
specifica-ly the purpose statement;
The City Council finds that the proposed map amendment to the C-G zoning district and the
subsequent commercial development is generally consistent with the purpose statement of the
commercial district in that it will provide for the retail and service needs of the community.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment wilt 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 City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The City Council finds annexing this property with the C-G zoning district is in the best
interest of the City, The City Council finds that the nature of future development on this site
can be addressed through a development agreement.
2. Conditional Use Permit (UDC 11-SB-6E)
The Council shall base its determination on the Conditional Use Permit request upon the
following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council finds that the subject property is large enough to accommodate all of the
specific use standards for drive-through establishments listed in UDC 11-4-3-11 as discussed
in Section D{ of the staff report. The proposed site plan does meet the dimensional standards
of the C-G district.
SGI AZ-12.010; CUP-12-008 PAGE 22
EXHIBIT A
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed use is consistent and harmonious with the UDC and
Comprehensive Plan future land use map designation of MU-R for this site.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The City Council finds that if the applicant re-designs the site layout for the proposed drive-
through so that traffic is not able to stack out into the backage road that the design and
operation of such will be compatible with other uses in the general neighborhood and with the
existing and intended character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The City Council finds that if the applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The City Council finds that sanitary sewer, domestic water, refuse disposal, and ircigation are
currently available to the subject property. Please refer to any comments prepared by the
Meridian Fire Department, Police Department, Parks Department, Sanitary Services
Corporation and ACRD. Based on comments from other agencies and departments, the City
Council finds that the proposed use will be served adequately by all of the public facilities
and services listed above.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
City Council finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that wilt be detrimental to any persons, properly or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The City Council finds the proposed use wilt not be detrimental to any persons, property or
the general welfare of the area.
h. That the proposed use will not result in the destruction, toss or damage of a
natural, scenic or historic feature considered to be of major importance.
The City Council finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the City Council finds that the proposed use will
not result in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.