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Market Square AZI~,~~~~I~1~ JUN 2 t~ 2004 City Of Meridian City Clerk Office KEVIN DINIU$ JULIE KLEW F75CHER CHRISTOPHE0.D. GABDERT WM. F. GIGRAY, N T. GUY HALLAM tz TILL S. HOLIRKA JOFEJ R. I:ORMANIK ~ W ILLIAM A. MORROW WILLIAM F. NICHOLS ~# WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 E FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 4669272 FAX (208) 4664405 CHRLSTOPHE0.5. NVL PHILIP A. PErERSON TODD A. ROSSM1IAN TERAENCE R. W HITS ~~~ • Also admitted in CA Also admitted in OR '"t Also admitted in WA June 18, 2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re. AGREEMENT /ORDINANCE & CERT FICAOTION OF CL RK / SUMMAR YORDINANCE AND SUMMARY ORDINANCE COVER LETTER / A~04-009 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of June 15, 2004, and which are on an upcoming Council agenda. I have also attached the original of the Development Agreement for the owner(s) and/or developer(s) signatures. After the Council meetm~, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners(s) and/or developer(s) for signatures. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be assed until the Findin s of Fact and Conclusions of Law and Decision and Order Geantine Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Counci] at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very tr y ~>~~ i Wm. F. Nichols Z:\WorkN4N4eridiantiVleridian 16360M1[vIazke[ Squaze AZ-04-0091FFCL DEV AGMT ORD Clerk LV O6 i8 04.dac BEFORE THE MERIDIAN CITY COUNCIL C/C 06/15/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 36.93 ACRES ) FOR PROPOSED MARKET ) SQUARE FROM RUT TO G-C, ) LOCATED ON THE NORTHEAST ) CORNER OF THE INTERSECTION ) OF USTICK ROAD AND EAGLE ) ROAD/SH 55, IMMEDIATELY ) NORTH OF THE PROPOSED ) KIS5LER/COBB5/EAGY/RUWE ) ANNEXATION AND WE5T OF ) PROVIDENCE PLACE ) SUBDIVISION, TOWNSHIP 4 ) NORTH, RANGE 1 EA5T, SECTION ) 33, MERIDIAN, IDAHO j Case No. AZ-04-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SMITH BRIGHTON, APPLICANT The above entitled annexation and zoning application having come on for public hearing on June 15, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, David Turnbull, Tish Gilbert, Tom Davis, Sherry Kusic, Emma Beck, Antonio Kusic, Richard Beck, Carol Stringham, Scott Hamden, Coralee Kleeberg, and Kirk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) pAGE 1 OF 30 Carroll, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. The property which is the subject of the application for annexation and zoning as described in the application, is approximately 36.93 acres in size and is located on the northeast corner of the intersection of Ustick Road and Eagle Road/SH 55, immediately north of the proposed Kissler/Cobbs/Eagy/Ruwe annexation and west of Providence Place Subdivision, Township 4 North, Range 1 East, Section 33, Meridian, Idaho, all within the Area of hnpact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the 2002 Meridian Comprehensive Plan. 4. The owner of record of the subject property is Caven, Inc. is the current property owner and has submitted notarized consent for the subject application. Applicant is Smith Brighton of Boise, Idaho. The property is presently zoned RUT (Ada County). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 2 OF 30 6. The Applicant requests the property be zoned as C-G (General Retail and Service Commercial). The Applicant proposes to develop the subject property in the following manner: The applicant provided a detailed plan for the southern portion of the property, which includes a Lowe's store on 15.4 acres, and several pads for small service, commercial and retail in this general area, and general commercial on the remainder of the property A detailed list of permitted conditional and prohibited uses for the entire site will be listed in Item Number 6. of the Development Agreement, entitled Conditions Governing Development of Subject Property. 8. The Applicant requests zoning of the subject real property to C-G (General Retail and Service Commercial), which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates the subject property as Mixed Use-Regional. 9. There is a historic structure on the parcel which may affect the consideration of this application. There are no other scenic or natural features of major importance. 10. The City Council recognizes the concerns of Allen Jamison, David Boehecker, Carl Gilbert, Scott Hamden, Steve Holland, Richard Beck and Carol Stringham. 11. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 3 OF 30 A. Adopt the Special Recommendation of the Planning & Zoning Commission as follows: Modify the first sentence of condition #3.a.ii., pg. 11, of the 5/13/04 staff report, to read as follows: "The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non-retail use." 2. Add to Annexation and Zoning Facts and Conditions #3.d, pg. 12, the following activities/uses: comyactor and emergency venerator. 3. Add to Annexation and Zoning Facts and Conditions #3.d., pg. 12, a new sentence which reads: "All such activities shall be confined between the hours of 6:00 am and 8:00 nm." (Per action of the City Council taken at their June 15, 2004 meeting, hours shall be 6:00 a.m. to 8:00 p.m.) B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. (Note: This assumes final passage of either the Kissler or Blue Marlin pending annexations prior to approval of this application.) 2. The subject property is within the Urban Service Planning Area. Essential City services are or will be made available to the subject property. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and developer. The DA shall incorporate the following: a. Include the detailed and concentual site plan (received by the City Clerk on Apri116, revised) as an exhibit of the DA, noting approval with the following exceptions: i. Only the new, north-south road location and profile, Baldcypress, and the lazge retail building footprint with associated parking receive detailed approval at the time of annexation. All other representations onthe site plan are conceptual and shall require separate detailed approvals through the City of Meridian in accordance with the Zoning and Subdivision Ordinances in effect at the time of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 4 OF 30 ii. The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non-retail use. The Zoning Administrator is granted authority through this DA to determine whether a future use and/or site plan complies with the intent of this agreement; iii. The vehicular access points shown on the site plan to Eagle Road/SH 55 and Ustick Road are not approved and must be approved separately through ACHD and ITD; iv. The 20-foot wide buffer between land uses on the east property line shall be constructed along the entire boundary prior to CO's being issued for any new building on the property. Additionally, the developer shall ensure a 6- foot sound wall is constructed along the entire east property line; v. The parking ratio for the bulk retail use in the southeast corner shall be allowed to be one parking space per 250 sq. ft. of gross floor area; vi. A minimum 7-foot wide pedestrian walkway shall be added to the site plan, extending north of the Ustick Road sidewalk on the east side of the middle driveway and across the drive aisle. b. Include the four (4) building elevations, drawn by SSOE, Inc., as an exhibit of the DA, noting approval with the following modifications: i. All roof-mounted HVAC and other mechanical equipment shall be screened so as not to be visible from either Eagle Road/SH 55 or Ustick Road abutting the property; ii. The free-standing sign shown on the east elevation in the garden center is not approved. Only one free-standing sign shall be allowed on the Ustick Road frontage. c. Include the "Permitted Conditional and Prohibited Uses" list as an exhibit of the DA, noting the following modifications: 1. List the following proposed "Permitted Uses" as "Conditional Uses": • Bottling and Distribution Plant (Microbrewery Type) • Hospitals • Molded Plastic Products • Utility Facility -Major • Warehouse Storage 2. Define "Standby Generators" 3. Add "Anv structure over 50 000 square feet shall require a conditional use permit for site plan review only and not for permitted uses, which are listed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 5 OF 30 separately under the application." (Per action of the City Council taken at their June 15, 2004 meeting.) 4. Add a footnote to the exhibit which states: "This list is not an exhaustive inventory of all possible uses. When/if a use is proposed that is not specifically listed, such use shall be expressly prohibited unless b~pplication and authorization it is determined by the Plannine and Zonine Administrator that said use is similar to and compatible with a listed permitted use. Such use(s) may then only be permitted as a conditional use, reeardless of the proposed site location." d. The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscape design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 6:00 am and 8:00 pm." (Per action of the City Council taken at their June 15, 2004 meeting.) e. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as being applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Market Square Annexation• • "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. • New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. • In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. • Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 6 OF 30 and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan aze adopted. Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway." Mixed Use Development Policies Applicable to the Mazket Square Annexation: • "Where feasible, multi-family residenfial uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; • Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. 5. The applicant shall contact ITD District 3 regarding the design of the Eagle Road/SH 55 sidewalk and landscape buffer. Provide a written response to staff outlining the results of said discussions and any specific design standards ITD may request as part of this development. C. Adopt the Recommendations of ACHD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 7 OF 30 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 60-feet ofright-of--way from centerline along Ustick Road at the Ustick Road and Eagle Road intersection (for approximately 500 feet) and 48 feet ofright-of--way from centerline along Ustick Road abutting the remainder of the site, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41-feet from the centerline of Ustick Road on the remainder of the site. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41-feet from the centerline of Ustick Road on the remainder of the site, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 300-feet from any existing roadway (measured centerline to centerline). 3. Construct Bald Cypress Road to provide a minimum of 24 feet of pavement abutting the site and should construct a 5-foot concrete sidewalk on the south side of the roadway abutting the site. 4. Construct the driveway that intersects Ustick Road near the Ustick Road/Eagle Road intersection a minimum of 440 feet from the signalized intersection for afull-access driveway and a minimum of 220 feet from the signalized intersection for aright- in/right-out only driveway. 5. Construct any driveways that aze proposed to intersect Ustick Road to align or offset a minimum of 230-feet from any existing or proposed driveway or street. 6. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 8 OF 30 7. Construct the internal roadways in accordance with District policy. 8. Extend the existing stub street from the east property line into the site. 9. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334- 8300. 10. Comply with all Standard Conditions of Approval. ACRD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. 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. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standazds and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 9 OF 30 8. Payment of applicable mad impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1) Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a) Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b) The Fire hydrant shall not face a street which does not have addresses on it. c) Fire hydrant mazkers shall be provided per Public Works spec. d) Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e) Fire Hydrants shall be placed on corners. f) Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2) All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3) Provide a 20' wide Fire Lane for all internal & external roadways. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE ] 0 OF 30 4) Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5) Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 6) Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 7) The commercial project will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the yeaz 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the yeaz 2005 and 3800 by the year 2010. 8) Maintain a separation of 5' from the building to the dumpster enclosure. 9) All processes & storage practices shall be required to comply with the International Fire Code. 10) Fire Sprinklers will be required for all buildings associated with this project. 11) No Parking signs and painted curbs will be required for all Fire Lanes. 12) Provide exterior egress lighting as required by the International Building & Fire Codes. E. Adopt the Recommendations of the Meridian Police Department as follows: 1. Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your certificate of zoning compliance application. F. Adopt the Recommendations of the Sanitary Services Co. as follows: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. G. Adopt the action of the City Council taken at their June 15, 2004 meeting as follows: For clarification: 1. The Applicant shall not be required to construct vehicular access to the southernmost stub FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 11 OF 30 street from Heather Meadows Subdivision located at the eastern boundary of the property, but shall construct a pedestrian pathway to connect to the stub street. 2. The Applicant shall provide and install a sound barrier on the eastern most boundary of the property in place of the fencing. The Applicant shall the the Leighton Lateral with thirty inch concrete pipe. 4. The Applicant shall be required to comply with the ITD landscaping requirements for the frontage on Eagle Road. 5. The Applicant shall be required to provide a public plaza within the development. 6. Pertaining to the Staff Report, and in particular to sections B.3.c.3. and B.3.d., and said sections shall now read as follows: B.3.c.3. Any structure over 50,000 square feet shall require a conditional use permit for site plan review only and not for permitted uses, which are listed sepazately under the application. B.3.d. The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similaz facilities and functions shall be incorporated into the overall building and/or landscaping design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 6:00 a.m. to 8:00 p.m. 7. The Applicant agreed at the June 15, 2004 public hearing, and will be required, to comply with the restrictions on the permitted uses, and shall meet the mixed-use requirements for the development. 8. With the provision of a sound wall on the east boundary, the Applicant shall only be required to meet the current Meridian City Code requirements pertaining to landscaping east of the Lowe's building. In other words, a berm is not required. 12. It is found that the 2002 Comprehensive Plan Future Land Use Map designates all of the subject property as "Mixed Use-Regional." The purpose of the Mixed Use designation is "to provide for a combination of compatible land uses that are typically developed under a master or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 12 OF 30 conceptual plan...and to identify key azeas [of the City] which are either infill in nature or situated in highly visible or transitioning areas of the City where innovative and flexible design opportunities aze encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." (Chapter VII, pg. 97.) The requested C-G zoning generally conforms to this stated purpose and intent ofthe MU-Regional designation. The applicant is not, however, indicating amix of uses within this development. In addition to the Future Land Use Map, it is found that there are Comprehensive Plan text policies which both support and may not support this annexation. The following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan are applicable to the annexation and zoning application: Chapter IV, Goal I, Obj. A, #6 Chapter V, Goal III, Obj. B, #8 Chapter VI, Goal I, Obj. A, #3 Chapter VI, Goal II, Obj. A, #6 Chapter VII, pg. 98 Chapter VII, Goal I, Obj. B, #5 Chapter VII, Goal N, Obj. A, #6 Chapter VII, pg. 98 13. The general vicinity of this project is experiencing a rapid change from agricultural and low density residential uses to commerciallurban type development. Champion Park Subdivision (aka "Pazkstone") is a 100+ acre, mixed use development about a '/4 mile west of the subject property, the first phase of which has received final plat approval. Cazol Professional Center is a six acre office park (zoned L-O) located approximately one half (''/z) mile south of the subject property on the west side of Eagle Road. Municipal water was extended east of Eagle Road a few years ago to serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density residential FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) pAGE 13 OF 30 subdivision located in Boise City east of the property. Therefore, it is found that a rezone of the proposed property would be compatible with other land use and facility changes in the area. 14. It is found that there is only one (1) specific use listed in the application (superstore); all other uses are future. It is recommended that all of the future uses within the proposed C-G zone be restricted with a DA. Further, to minimize potential noise, odor, air pollution, and visual pollution, the applicant and staff have prepared a list of uses for the DA. Some of the more intense uses will be processed through the Conditional Use Permit process. It is found that with an executed DA that sets guidelines for future uses on this site, and separate Conditional Use Permit review for future buildings, the requested zoning designation will be harmonious with and in accordance with the 2002 Comprehensive Plan and the MU-Regional designation. 15. It is found that the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. Unless restricted aspart ofthe DA,twenty-four (24) hour operations would be allowed on the site. Three (3) loading bays with overhead doors are proposed at the southeast comer of the building which may, depending upon delivery times, cause a disturbance. A trash compactor for the superstore is also proposed at the southeast corner of the site which may cause some disturbance to existing residential uses to the east and south. These and other future uses can be mitigated through appropriate screening and buffering techniques. 16. It is found that roadway improvements will be required on Ustick Road to handle the additional traffic generated by future development. The Public Works Department recently FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) pAGE 14 OF 30 completed construction of the South Slough Trunk extension in the vicinity of this annexation. The project extended the trunk to the Eagle /CTstick Road intersection. Municipal water is currently available in Ustick Road in front of the property. A new fire substation was opened earlier this year to serve this azea. All other public services and facilities appear to be adequate to service this property. 17. It is found that this development will not cause excessive additional requirements at public cost. The South Slough Trunk extension was funded by the City of Meridian but will not create new demands on the public coffer for this development. Other required site improvements will be funded and constructed by the developer. It is also found that the annexation and zoning alone will not be detrimental to the corrununity's economic welfare. 18. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire hazazds, bulk storage, and contractor's yazds. In addition, a DA could establish use parameters that would prevent detrimental effects. To comply with this finding, is recommended that a DA be entered into which addresses specific uses. In terms of traffic generation, this site has approximately 1,230 feet of frontage on Ustick Road and 1,290 feet of frontage on Eagle Road. The Earth Tech Engineers traffic study submitted to ACHD estimates the site, at 2010 build-out, to generate 10,825 additional vehicle trips per day with an AM peak of 272 vehicles per hour and a PM peak of 945 vehicles per hour. Approximately 35% of the total traffic is projected to have Ustick Road destinations and 65% to have Eagle Road destinations. Ustick Road is not in ACHD's Five Year Work Plan but is in their CIP for roadway widening within the next 15 years. ACHD is allowing two driveways, aright-in/right-out and a full- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 15 OF 30 access, on Ustick Road. They have also preliminarily approved the new signal proposed at the east property line. Final determination will be made upon submittal of a development application (building permit). On April 23, 2004, a joint agency/department comments meeting was held with representatives ofkey service providers to this property. The Meridian Fire and Police Departments submitted a list of conditions and needs in order to adequately serve the project, including restricted access to Eagle Road/SH 55 (see Finding H). The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSC). All of the detailed conditions from the Fire and Police Departments and other agencies/departments are addressed in number paragraph 11 hereinabove. 19. It is found that the proposed and future uses will impact the level and flow of traffic on the surrounding streets. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), staff finds that the number of vehicular access points to Eagle Road/SH 55 should be restricted and comply with ITD Type iV access policies in order to preserve the capacity and movement on this roadway at build-out. City staff, including the Meridian Fire and Police Departments, is recommending no new approaches be allowed to Eagle Road/SH 55. 20. There is an existing house on the eastern parcel (3580 E. Ustick) which is listed inthe Ada County Historic Sites Inventory as eligible for the National Register of Historic Places. However, it is found that this is not a scenic feature of "major" importance and this finding is technically met. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) pAGE 16 OF 30 21. It is found that the annexafion of this property would be in the best interest of the City for the following reasons: • increased commercial land base supply for development along a primary corridor; • increased property tax revenue; municipal services are available to the area; and • application substantially complies with the Comprehensive Plan. It is also found that during previous public hearings, the current property owner was led to believe that once an annexation path and municipal services were available to this site the City of Meridian would likely annex the property. This is especially pertinent given the fact that Boise City currently has services available and is contiguous to the north and east. 22. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 11, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 23. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 17 OF 30 The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following aze found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Chapter IV, Goal I, Obj. A, #6 Chapter V, Goal III, Obj. B, #8 Chapter VI, Goal I, Obj. A, #3 Chapter VI, Goal II, Obj. A, #6 Chapter VII, pg. 98 Chapter VII, Goal I, Obj. B, #5 Chapter VII, Goal IV, Obj. A, #6 Chapter VII, pg. 98 5. The zoning of (C-G) General Retail and Service Commercial is defined inthe Zoning Ordinance at § 11-7-2 K as follows: (C Gl General Retail and Service Commercial: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) pAGE 18 OF 30 within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 36.93 acres to General Retail and Service Commercial (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 36.93 acres. The legal description FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) pAGE 19 OF 30 shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Special Recommendation of the Plarming & Zoning Commission as follows: Modify the first sentence of condition #3.a.ii., pg. 11, of the 5/13/04 staff report, to read as follows: "The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non-retail use. 2. Add to Annexation and Zoning Facts and Conditions #3.d, pg. 12, the following activities/uses: compactor and emervencv venerator. Add to Annexation and Zoning Facts and Conditions #3.d., pg. 12, a new sentence which reads: "All such activities shall be confined between the hours of 6:00 am and 8:00 pm." (Per action of the City Council taken at their June 15, 2004 meeting, hours shall be 6:00 a.m. to 8:00 p.m.) B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. (Note: This assumes final passage of either the Kissler or Blue Marlin pending annexations prior to approval of this application.) 2. The subject property is within the Urban Service Planning Area. Essential City services are or will be made available to the subject property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 20 OF 30 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and developer. The DA shall incorporate the following: a. Include the detailed and conceptual site plan (received by the City Clerk on Apri116, revised) as an exhibit of the DA, noting approval with the following exceptions: i) Only the new, north-south road location and profile, Baldcypress, and the large retail building footprint with associated parking receive detailed approval at the time of annexation. All other representations on the site plan are conceptual and shall require separate detailed approvals through the City of Meridian in accordance with the Zoning and Subdivision Ordinances in effect at the time of development; ii) The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non-retail use. The Zoning Administrator is granted authority through this DA to determine whether a future use and/or site plan complies with the intent of this agreement; iii) The vehicular access points shown on the site plan to Eagle Road/SH 55 and Ustick Road are not approved and must be approved separately through ACHD and ITD; iv) The 20-foot wide buffer between land uses on the east property line shall be constructed along the entire boundary prior to CO's being issued for any new building on the property. Additionally, the developer shall ensure a 6-foot sound wall is constructed along the entire east property line; v) The parking ratio for the bulk retail use in the southeast corner shall be allowed to be one parking space per 250 sq. fr. of gross floor area; vi) A minimum 7-foot wide pedestrian walkway shall be added to the site plan, extending north of the Ustick Road sidewalk on the east side of the middle driveway and across the drive aisle. b) Include the four (4) buildine elevations, drawn by SSOE, Inc., as an exhibit of the DA, noting approval with the following modifications: i) All roof-mounted HVAC and other mechanical equipment shall be screened so as not to be visible from either Eagle Road/SH 55 or Ustick Road abutting the property; ii) The free-standing sign shown on the east elevation in the garden center is not approved. Only one free-standing sign shall be allowed on the Ustick Road frontage. c) Include the "Permitted Conditional and Prohibited Uses" list as an exhibit ofthe DA, noting the following modifications: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 21 OF 30 1. List the following proposed "Permitted Uses" as "Conditional Uses": • Bottling and Distribution Plant (Microbrewery Type) • Hospitals • Molded Plastic Products • Utility Facility -Major . Warehouse Storage 2. Define "Standby Generators" Add "Anv structure over 50 000 square feet shall require a conditional use permit for site plan review only and not for permitted uses. which are listed separately under the application." (Per action of the City Council taken at their June 15, 2004 meeting.) 4. Add a footnote to the exhibit which states: "This list is not an exhaustive inventorv of all possible uses. When/if a use is proposed that is not specifically listed such use shall be expressly prohibited unless by application and authorization it is determined by the Planning and Zoning Administrator that said use is similar to and compatible with a listed permitted use Such use(s) may then only be permitted as a conditional use regardless of the proposed site location." d. The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscape design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 6:00 am and 8:00 pm." (Per action of the City Council taken at their June 15, 2004 meeting.) e. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as being applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Market Square Annexation: "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 22 OF 30 • New development should not rely on cul-de-sacs since they provide poor fire access, wallcability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. • Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway." Mixed Use Development Policies Applicable to the Market 5auare Annexation: • "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; • Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 23 OF 30 5. The applicant shall contact ITD District 3 regarding the design of the Eagle Road/SH 55 sidewalk and landscape buffer. Provide a written response to staff outlining the results of said discussions and any specific design standards ITD may request as part of this development. C. Adopt the Recommendations of ACRD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 60-feet ofright-of--way from centerline along Ustick Road at the Ustick Road and Eagle Road intersection (for approximately 500 feet) and 48 feet ofright-of--way from centerline along Ustick Road abutting the remainder of the site, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41-feet from the centerline of Ustick Road on the remainder of the site. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41-feet from the centerline of Ustick Road on the remainder of the site, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 300-feet from any existing roadway (measured centerline to centerline). 3. Construct Bald Cypress Road to provide a minimum of 24 feet of pavement abutting the site and should construct a 5-foot concrete sidewalk on the south side of the roadway abutting the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 24 OF 30 4. Construct the driveway that intersects Ustick Road near the Ustick Road/Eagle Road intersection a minimum of 440 feet from the signalized intersection for afull-access driveway and a minimum of 220 feet from the signalized intersection for aright- in/right-out only driveway. 5. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230-feet from any existing or proposed driveway or street. 6. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 7. Construct the internal roadways in accordance with District policy. 8. Extend the existing stub street from the east property line into the site. 9. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334- 8300. 10. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. 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. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 25 OF 30 herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 26 OF 30 d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 6. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 7. The commercial project will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the yeaz 2005 and 3800 by the yeaz 2010. 8. Maintain a sepazation of 5' from the building to the dumpster enclosure. 9. All processes & storage practices shall be required to comply with the International Fire Code. 10. Fire Sprinklers will be required for all buildings associated with this project. 11. No Parking signs and painted curbs will be required for all Fire Lanes. 12. Provide exterior egress lighting as required by the Intemational Building & Fire Codes. E. Adopt the Recommendations of the Meridian Police Department as follows: 1. Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your certificate of zoning compliance application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 27 OF 30 F. Adopt the Recommendations of the Sanitary Services Co. as follows: Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. G. Adopt the action of the City Council taken at their June 15, 2004 meeting as follows: For clazification: 1. The Applicant shall not be required to construct vehicular access to the southernmost stub street from Heather Meadows Subdivision located at the eastern boundary of the property, but shall construct a pedestrian pathway to connect to the stub street. 2. The Applicant shall provide and install a sound barrier on the eastern most boundary of the property in place of the fencing. 3. The Applicant shall the the Leighton Lateral with thirty inch concrete pipe. 4. The Applicant shall be required to comply with the ITD landscaping requirements for the frontage on Eagle Road. 5. The Applicant shall be required to provide a public plaza within the development. 6. Pertaining to the Staff Report, and in particulaz to sections B.3.c.3. and B.3.d., and said sections shall now read as follows: B.3.c.3. Any structure over 50,000 square feet shall require a conditional use permit for site plan review only and not for permitted uses, which are listed separately under the application. B.3.d. The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscaping design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 6:00 a.m. to 8:00 p.m. 7. The Applicant agreed at the June 15, 2004 public heazing, and will be required, to comply with the restrictions on the permitted uses, and shall meet the mixed-use requirements for the development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 28 OF 30 8. With the provision of a sound wall on the east boundary, the Applicant shall only be required to meet the current Meridian City Code requirements pertaining to landscaping east of the Lowe's building. In other words, a berm is not required. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-G) General Retail and Service Commercial, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHING5 ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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 fmal 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 maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 29 OF 30 By action of the City Council at its regulaz meeting held on the ROLL CALL 2004. COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DA MOTION: APPROVED: DISAPPROVED: day of VOTED VOTED VOTED VOTED VOTED Mayor Tammy de Weerd Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerk Dated: Z:\Work\IvIWleridian\[vIeridian I5360M~Mazket Squ~e A7.04-009WZFfC1&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04-009) PAGE 30 OF 30