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Dorado Subdivision AZAZ OS-019 MERIDIAN PLANNING 8. ZONING MEETING JUIy 7, 2005 APPLICANT Kimball Properties, LLC ITEM NO. ~ 4 REQUEST Continued Public Hearing from June 2, 2005 -Annexation and Zoning of 10.9 acres to C-G zone for Dorado Subdivision - NWC of South Eagle Road and East Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEBT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT WEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: COMMENTS See Previous Item Packet /Minutes See attached Staff Comments W1 evuvi m~ ~n(~fpJO-~ n~~ 9.i1 cl " v 6~ ~~ I ~p~,t~C.. ~ ^_ Date: (n D,~ Phone: ~ TJ3 Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ,d' .Li rq I , , A 'x n_~~ r ~ c ~ E 7amm deWeerd , J 208 888-4433 Fax 8874813 CITY CpUNCIL MEMBERS - s PUBLIC WORKS Keith Bird f~ /~~ ]~~~~ `'+~ BUILDING DEPARTMENT Christine Donnell v / i vv~~~` ~~ (208) 898-5500 • Fax 898-9551 Shaun Wardle ir~;~~-~o I ', ~ r ~ PLANNING AND ZONIN Charles M. Roundtree °~,,,~,. / ~ ''~'" G DEPARTMENT .,(,F. r ''~?e:~iA~~,_•I;RF,.~ #zL:'~"~ ~ ~ 'luc:- (20$) 884-5533 • FAX 888-6854 ~ iana STAFF REPORT: Transmittal Date: July 1, 2005 P&Z Hearing Date: July 7, 2005 To: Mayor, City Council and Planning & Zoning Commission r~''~-.~~ ~„:.~' ; `, ~ '' ~ `, °~ ,.~ -~~~' From: Joseph Guenther, Associate City Planner ~r;~ - 1, •` `,~ Mike Cole, Development Services Coordinator ~-1 ~ - ~~ ,-~'`` ~~~'~- ~~~~~~-~ ~~~.; Subject: Dorado Subdivision • Annexation/Rezone (AZ) approval of 10.9 acres from RUT (Ada County) to C-G (General Retail and Service Commercial), by Kimball Properties, LLC. (File No. AZ-US-019) • Preliminary Plat (PP) approval of 16 commercial lots on 10.9 acres by Kimball Properties, LLC. (File No. PP-US-024) • Conditional Use Permit approval for a Planned Development Consisting of a mixed commercial project of retail, hotel, restaurant, with drive-thru on 10.9 Acres in a Proposed C-G Zone, by Kimball Properties, LLC. (File No. CUP- US-U31) APPLICATIONS SUMMARY The Applicant, Kimball Properties, has applied for Annexation/Zoning (AZ) approval of a conceptual commercial subdivision on 10.9 acres within the proposed C-G zone and within the Meridian entryway corridor designation. The Planned Development and Preliminary Plat are conceptual in nature and expected to change. The site is located at the Northwest corner of Overland Road and Eagle Road. - The subject development is eligible for annexation as it lies contiguous to the City of Meridian on three sides and is within the urban service area. The proposed lots will be for assorted retail and office uses. The site is currently vacant. The Applicant is requesting conceptual approval for annexation purposes and has submitted a preliminary plat and planned development for approval on July 7, 2005. This property is currently zoned RUT in Ada County and is designated in the City's Comprehensive Plan as "Mixed Use-Regional" . A CUP/PD application is required as all Mixed Use Regional locations require a Planned Development within three hundred feet of a AZ-OS-019, PP-OS-024, CUP-OS-031 Dorado.AZ.PP.CTTP Planning & Zoning Commissian/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 2 residence (Meridian Comprehensive Plan, Page 98). Overland Way Subdivision (Ada County R-1) is located immediately west of the subject site. The Applicant has not submitted detailed plans for the proposed or existing projects and is requesting only conceptual approval at this time- All future development within the boundaries of the site will require a detailed conditional use permit and/or future Preliminary Plat approval for relocation of property lines. Applicant has addressed the landscaping and other land use buffers adjacent to Overland and Eagle Road in the landscape plan shown as L-1 dated April 2005. The required buffers as per MCC 12-13 are 25' from commercial to residential (Overland Way Subdivision) and 35 feet for all entryway corridors, Eagle/Overland/I-$4 Off ramp. The Applicant has shown a SO' wide landscape buffer on the I-84 off ramp; however this is listed as an undefined roadway within an entryway corridor. Entryway corridors require a 35' landscape buffer, which will be required for the north property line. The Applicant has submitted a Planned Development application with the Annexation and Plat. With the Planned Development the Applicant has requested amending the landscape requirement between a commercial property and a residential property from 25' to 5', amending the height requirement from 40' to 60', and making abank/restaurant drive-thru a permitted use. Staff does not support the requested amendments to the dimensional standards. See Conditional Use Analysis for staff's requirements. The proposed open space /amenities have not been addressed upon Preliminary Plat, Planned Development, or Conditional Use approval. The Planned Development is required to provide two amenities listed in MCC 12-6, staff anticipates the amenities to be provided with the individual use or detailed Planned Development approval as required. The Applicant is considering two new access paints and one existing access point: one new access onto Overland road (designated right in/right out only), a Collector roadway, and one right in only access point onto Eagle Road, a principal arterial roadway. Eagle Road south of I- 84 and Overland Raad are under the jurisdiction of the Ada County Highway District (ACHD), ACHD has indicated approval of access at these locations. See the "Findings" in the Annexation & Zoning section of this report, and the correspondence from ACRD far detailed analysis of the proposed access points. Staff has provided a general analysis for the requested annexation and zoning, preliminary plat, and planned development applications below. Staff is recommending approval of the subject annexation (AZ-OS-019) preliminary plat (PP- 05-024) and Planned Development (CUP-OS-031) subject to the comments and conditions included in this report. LOCATION AZ-OS-019, PP-OS-024, C1IP-OS-031 Dorado.PP.AZ.C(7P.doc Planning & Zoning Coimnission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 3 The subject site is located on the Northwest corner of Eagle Road and Overland Road, within Section 17, Township 3 North, Range 1 East. SURROUNDING PROPERTIES North -Interstate 84 South -Bonito Subdivision #1, City Zoning C-C East -Overland Road, Ada County Zoning R1/RUT West -Overland Way Subdivision, Ada County Zoning R1 OWNER OF RECORD The property owners of record are Kimball Properties, LLC and W.H- Moore, President, has provided notarized consent for Steve Arnold -Stanley Consultants, to submit the subject applications. ANNEXATION AND ZONING FINDINGS The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission. The subject property is within the Urban Service Planning Area. Because there are no current uses on this site, staff has combined the analysis of use with the annexation and zoning findings. According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Regional". Meridian City Code (MCC) 11-7-2.I. states the purpose of the C-G district is "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 of travel-related services as well as retail sales for the transient and permanent motoring public." The following Comprehensive Plan policies also support the annexation and proposed retail/fuel service use (staff analysis is in italics below policy): AZ-OS-019, PP-OS-024, CUP-US-031 Dorado.PP.AZ.CUP.doc Planning & Zoning Con~mission/Mayor & City Counci] P&Z Hearing Date: July 7, 2005 Page 4 • "Permit new...commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Sanitary sewer, municipal water, solid waste and other services exist to this area of Meridian. The subject site is readily serviceable by City of Meridian's sanitary sewer and water systems. These connections have not been defined and requzred detailed approval from Public Works prior to final approval. One of the comments received from the Fire Department states that the location has several items of concern that would require compliance upon approval of a detailed site plan and/or subdivision and/or conditional use permit issuance. • "Require all new parking lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) The Site Plan submitted with the future detailed CUP applications for this property shall show internal planters, as required. • "Plan far a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The proposed and existing uses do provide a variety of commercial uses in this area, as envisioned with the Comprehensive Plan. • "Locate new community cornrnercial areas on arterials...near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Gaal III, Obj. D, #3) The subject property has frontage on two arterial roadways. The existing uses adjacent to this site are existing residential uses but are anticipated to develop as commercial uses in the Comprehensive Plan. Because the adjoining properties are still somewhat rural in nature (not annexed), the development of retail uses as described in the Conceptual plan may complement the existing uses for several years. Depending on how the rest of the site builds-out, this development may or may not compliment adjoining residential developments to the west of~the site. The proposed commercial uses are located closest to the intersection of the interstate and two principle arterial roadways. A 3S foot wide street buffer is shaven along Eagle Road and a 35 foot wide street buffer is shown along Overland Raad, designed in part to mitigate potential negative impacts upon the vehicular tra~c from .1-84 on Eagle Road. • "Restrict curb cuts and access points on collectors and arterial streets." AZ-OS-Ol9, PP-OS-024, CUP-OS-031 Dorado,l'P.q,Z.CUP.doc Planning & Zoning Commission./Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 5 (Chapter VII, pg. 107, Goal IV, Obj. D, #2) Access to Eagle Road and Overland Road including right--in/right-out and shared accesses allowing travel towards the east/Eagle Road are subject to the conditions of ACHD. No north bound turning shall be allowed on Eagle Road. Across access agreement within the properties at the future property boundaries will be required so the cuts can be shared with adjacent development. In addition, access to the 1-84 off ramp is prohibited in compliance with ITD. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VIT, Goal IV, Objective D, Action item ~}) Staff finds that the existing building setbacks, landscape inadequacies, and the potential for redevelopment create a unique situation, for the site. Xn order to mitigate anticipated problems a development agreement will be required and detailed Conditional Use Permits should be considered. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The Applicant has addressed the requirement to install landscaping adjacent to the existing off-site residential uses. The Applicant has requested approval to reduce the standard landscape buffer width from 25' to S'. Staff has included conditions that require standard setbacks for landscaping and buildings to be installed upon receipt of a detailed development proposal and prior to issuance of any building permits. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions- to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The regional Multi-Use pathway is shown on the Future Land Use Map for this site. Properties in the near vicinity have oriented this pathway system closer to Locust Grave Road. Given the future Locust Grave Road overpass being constructed, the existing pathway locations, on-street bike paths on Overland Road, and the dangerous nature of the Eagle Road overpass, staff feels the requirement for a multiuse pathway on this site should be waived in favor of a location to cross 1-84 being located at Locust Grove Road. AZ-OSAl9, PP-OS-02q, CUP-OS-031 Dorado. PP.gZ. CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 6 B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the Applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into commercial area by means of conditional use permits; Staff finds that the Applicant has not submitted a detailed development plan for the mixed uses on the property. Staff further finds that the proposed restaurants, proposed hotel, and proposed bank businesses are allowed within the appropriate zoning designations in this mixed use area, however since the projects are conceptual in nature and require detailed public works approval, all uses on this site shall obtain a conditional use permit, or the Applicant must submit a detailed development plan of such quality that Public Works and the Meridian Fire Department are able to make appropriate comments. See Conditional Use/PD Site Specific Approval #2. The purpose of the C-G District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7-2.K). Staff finds that the proposed uses principally permitted uses in the C-G zone and consistent with the C-G purpose. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; El Dorado and Silverstone Business developments have recently been annexed and developed with commercial land uses in this area. There are several developments in the area that have developed in a fashion similar to the proposed rezone area. Overland Road has recently been widened and improved. Eagle Road south of the interstate has recently been widened and improved at the Eagle/Overland lntersection. The intersection of Overland Road/Eagle Road is a signalized, controlled intersection. The Commission and Council should rely on the preceding facts and any public testimony to deternnine whether the changes in the area dictate that this area should be annexed into the City and zoned C-G at this time. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the sarne area; Staff finds that the proposed C-G zone with the proposed retail, office and hotel uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended far commercial uses which, based on the Comprehensive Plan AZ-OS-019, Pp-OS-024, CUP-OS-031 Dorado.PP.AZ.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 7 description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as govenunent offices- F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; There are no existing uses on this site. The site does have a floodplain which will require engineering and mitigation prior to building(s) closest to the Five Mile Creek- Staff feels this section of floodplain can be addressed by the Applicant to mitigate any future impacts to proposed tenants. Appropriate buffers should be required on the north and west boundaries of this development, as the abutting uses are less-intense than the proposed uses (see MCC 12-13-12-4). The Commission and Council should rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the recent roadway improvements to Overland Road should be adequate to serve this project if the majority of traffic is directed to Eagle Road from Overland Road. Based on recent correspondences, ACHD does not anticipate additional right-of-- way and/or a frontage road adjacent to/through this property- Improvements to Overland Road in this area have taken place in the recent past including the signalization at Eagle Road, improvements are not anticipated within the next 20 years. Based on past correspondence with ACHD, Planning staff believes that this site will add a significant amount of traffic to the roadway system upon build out. This site has aver 880 feet of frontage on Overland Road and approaches an intersection with Lader Place. Based on future commercial development applications staff is conditioning that the Applicant enter into a development agreement with the City to ensure improvements (landscaping, future road intersections.) to the west property boundary, be subject to ACRD requirements with na offsite access to the west during construction, with site-specific standards conditions to be met in accordance with approval of the subject development- On May 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as the proposal does not detail the uses or internal circulation. Because the Applicant has not identified all future buildings within this development, such buildings will be subject to further review and comments by Meridian Fire Department. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. A7-US-019, PP-US-024, CUP-US-U31 Dorado.PP.AL.CUP.dac Planning & Zoning Commission/Mayar & City Council P&Z Hearing Date: July 7, 2005 Page 8 Staff finds that the property proposed for annexation can be served adequately by all essential public facilities and services as conditioned. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If this annexation/development is approved, the developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost. Y. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the propased uses do not involve activities, processes, materials, equipment or conditions that could produce excessive traffic, noise, fumes and/or odors, as well as other negative public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would prevent negative effects. _Tn order to establish guidelines to mitigate the antici ated im acts of the ro osed uses the A licant should be re aired to submit a conditional use ermit far each buildin use on this site see conditional use sites ecific condition of approval #2). J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that any future uses may impact the level and flow of traffic an the surrounding roadways. Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). ACHD has made comment and has indicated that they will approve the propased access points, see ACHD site specific conditions of approval. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The Five-Mile Creek floodplain is a natural feature that may be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. AZ-OS-019, PP-OS-024, CUP-OS-031 Do rado, pp. qZ. CTJP. do c Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 9 L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 1117-1992)" Due to the existing residential uses to the west, and the large percentage of the site that is within the Five Mile Creek floodplain, development of this site for commercial purposes is difficult. Although staff anticipates that the properties to the west will re-develop in the near future with higher and better uses, the City should protect the existing uses until they do re-develop by requiring appropriate landscape buffers and other provisions. Staff finds that the annexation and zoning of this property, as mitigated through a development agreement, may be in the best interest of the City for the following reasons: • other developments in the area have developed in a fashion similar to the proposed rezone area (commercial); • municipal sanitary sewer and water systems are readily available to provide service; • the proposed retail, office and hotel uses involve activities, processes, materials, equipment and/or conditions that will not produce excessive additional traffic, noise, fumes and/or odors, as well as other negative public impacts that can be mitigated through future development of the site; and, • the other reasons listed in the findings above. The Plannin and Zonin Commission and Cit Council should consider whether the have sufficient information on the A licant's ro osal to determine if the annexation is within the best interest of the,City_.at this time. ANNEXATION AND ZONING COMMENTS 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. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 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. 5. 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 the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: AZ-OS-019, PP-OS-024, CUP-OS-031 Do radv. PP. A Z. CUP, dv c P1aruling & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 10 • All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. • Prior to issuance of any building permit on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the conditions of ACHD and ITD. PRELIMINARY PLAT FINDINGS AND RE UIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Coirimission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the current zoning designation is in general compliance with the effective Comprehensive Plan (`02) and the Future Land Use Map, which designates the land to be "Mixed Use Regional." The comprehensive plan also identifies a multi use pathway connecting the site to adjacent properties within the development. The Applicant has indicated the pedestrian/rnultiuse pathway shall be re-located off site due to safety concerns. The pathway system should be relocated to the Future Locust Grove Road Overpass. Generally, the Mixed Use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. Sample Uses are listed as entertainment, clean industry, and major employers. The offzce and retail uses are similar to the sample uses listed on Page 98 Chapter VII of the Meridian City Comprehensive Plan. The proposed commercial uses within the subdivision are permissible under the land use provisions of the MCC (11-5-1.) Therefore, Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan b. The availability of public services to accommodate the proposed development; Staff finds that this development will not cause excessive additional requirements at public cost. The property has existing sewer and water stubs served adequately by all essential public facilities and services in Overland Road. The Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties to the west. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and irnigation, the subdivision will not require the expenditure of capital improvement funds. AZ-OS-019, PP-OS-024, CUP-OS-031 borado. PP.AZ. CUP. doc Plaru~ing & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 11 d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. See item b. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. No hazardous natural features have been identified on the site. SPECIAL CONSIDERATIONS-PRELIMINARY PLAT The Applicant shall maintain compliance with required development agreement for the annexation of Dorado Subdivision, PP-OS-024, CUP-OS-031 and all applicable conditions of approval for the commercial lots in a mixed use development. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS l . There is sanitary sewer stubbed into this site from Overland Road. The Applicant shall be responsible to install any and all mains necessary to service this site. All lots shall be subject to sanitary sewer restrictions until such time as these sewer mains are installed. The Applicants engineer shall coordinate with the Public Works department for main sizing and routing, and execute City of Meridian standard forms of easements, for any mains that are required to provide service. 2. There is water stubbed into this site from Overland Road. The Applicant shall be responsible to install any and all mains necessary to service this site. The Applicants engineer shall coordinate with the Public Works department for main sizing and routing, and execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. Per MCC 12-13-10-4, maintain the existing 35-foot wide street buffer along Overland Road, Eagle Road, and the I-84 Off ramp. All required street buffers shall be located beyond any future right-of--way and shall not include the width of the sidewalk. Show easements for all required buffers on the final plat. The Dorado Business Owners Association shall maintain all required landscape buffers. 4. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. 5. A perpetual vehicular cross access easement shall be provided to all lots within the subdivision. Said crass access shall be depicted on the final plat for Dorado Subdivision. AZ-OSAl9, PP-OS-024, CUP-OS-031 Dorxdo.PPAZ.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 12 6. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application- 7. Any tree aver 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, unless deemed unnecessary by the City Arborist per Ordinance 12-13-13. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. The Applicant shall submit a tree removal/preservation plan at least 10 days prior to the City Council hearing 8. All internal landscaping shall be installed as depicted on approved landscape plans for the individual lots during the Conditional Use process and prior to Certificate of Zoning Compliance process. 9. The Applicant has indicated that Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 10. As each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking and improve roadways. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection We11s. 11. The Applicant has indicated that the entire northeast portion of this development will be receiving engineered backfill. 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. 12. Where sewer and water mains are not in the ACHD right-of way, they shall be centered in a twenty-foot wide easement clear of any large landscaping and fixed vertical structures- 13. The preliminary plat depicts an irrigation ditch running diagonally through this project. The Applicant shall determine any and all end users of this ditch. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing ar lying adjacent AZ-05-019, PP-OS-024, CUP-OS-031 Porado.PP.AG. CUP, doc Planning & Zoning Commissiox~/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 13 and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigatioi~/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. PRELIMINARY PLAT GENERAL RE U>CREMENTS 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. S. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. 6. The Applicants engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7- Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development. - 8• Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. AL-OS-019, PP-OS-024, CUP-OS-031 bo rado.Pp.A~, C[ Tp• doc Planning & Zoning Comrnission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 14 11. The Applicant shall be responsible far application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 12. The Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. Prior to signature on the final plat per Resolution 02-374. CONDITIONAL USE/PD PERMIT ANALYSIS The Commission and Council shall review the artlcular acts and circumstances o each ro osed conditional use in terms o the ollowin and ma a rove a conditional use ermit i the shall tnd evidence resented at the hearin s is ode uate to establish (XI-I7-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Due to the lack of a detailed planned development, staff is unable to fully analyze the impacts of the proposal. The requirement of individual conditional use permits should mitigate the need for an overall site plan as the landscaping, parking and amenities shall be submitted in accordance with future approvals. No amenities are shown on the conceptual plan. The Applicant shall provide a minimum of two amenities as required by 12-d-3. The Applicant should specify these amenities to the Planning and Zoning Commission at the hearing. The DA should include the specific amenities. Staff finds that the site should be large enough to accommodate the proposed setbacks, landscaping, etc if developed under conditional approval for each use/building. 13. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see the findings in the Comprehensive Plan Amendment portion of this report. 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; Please see the findings in section "E" and "F" of the Annexation portion of this report. AZ-DS-019, pp-05-024, CUP-OS-031 Doradu.PP.AL. CUP.dpc Plaxming & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 15 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 Applicant has requested a reduction of the 25' commercial to residential landscape buffer to 5' of landscaping for the praperty adjacent to Overland Way Subdivision. The Applicant has also requested allowance of drive-thrus and an alternate height standard from the required 40' to the requested 60'. Staff does not support the waiver of these requirements but feels that the Applicant should be given the opportuauty to address alternative landscape compliance, bulk requirements, and MCC standards during site specific conditional approvals far this site. The Planning and Zoning Commission and City Council should consider whether they have sufficient information on the Applicant's proposal to approve any reduction in standards at this time. Also, see the findings in sections "I" and "J" of the Annexation portion of this report. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see the findings in section "G" of the Annexation portion of this report. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see the findings in sections "G", "H" and "I" of the Annexation portion of this report. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see the findings in sections "I" and "J" of the Annexation portion of this report. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see the findings in section "J" of the Annexation portion of this report. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see the findings in section "K" of the Annexation portion of this report- AZ-OS-019, PP-DS-024, CUP-OS-031 Dorado. PP.AZ. C[71'.doc Plamiing & Zoning Commissiori/Mayor & City Council 1'&Z Hearing Date: July 7, 2005 Page 16 SITE SPECIFIC CONDITIONS CONDITIONAL USE PERMIT/PD 1. All conditions of the accompanying Amiexation and Zoning application (including the Development Agreement), and Preliminary Plat application shall also be considered conditions of the Conditional Use/PD application. 2. No new buildings are approved for construction under this conceptual CUP/PD application (File No. CUP-OS-031). All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit. 3. At this first public hearing, the Applicant shall provide specific information regarding the two amenities, as required by 12-6-3 for the Planned Development. 4. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. All vehicular use areas shall be paved in accordance with Meridian City Code. 5. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 6. Unless a waiver is specifically granted by City Council, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. All fencing shall be installed in accordance with MCC 12-4-10. If no permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. S. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Sest Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. The Applicant will be responsible to construct the water mains to and through this proposed development (looped). Project designer to coordinate main sizing and routing and new easements with the Public Works Department. Please provide the Public Works AZ-OS-019, PP-OS-024, CUP-OS-031 Dorado.PP.gZ.CUP. doc P1amling & Zoning Commission/Mayor & City Council P&Z Hearing Date: ruly 7, 2005 Fage 17 Department with. information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 10. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". 11. A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping shall be submitted to the City Clerk's office at least ten (10) days prior to the next public hearing for this application. 12. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Site Specific Conditional Approval, Certificate of Zoning Compliance (CZC) submittal, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 13. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Conditional Use and Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 14. A11 required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 15. This conditianal use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. GENERAL RE Ul(REMENTS 1. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 3. It is the Applicant's responsibility to ensure that all construction conforms to the requirements of the Americans with Disabilities Act. AZ-OS-Ol9, PP-OS-024, CUP-OS-031 Dorado. PP.AZ.CUP.doc Planning & Zoning Commissioi~/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 1$ 4. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. MERIDIAN FIRE DEPARTMENT CONDITIONS 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. 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. 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 when spacing permits. f Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 6. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Cade to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The 16 commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. Maintain a separation of 5' from the building to the dumpster enclosure AZ-OS-019, PP-OS-02q, CUP-OS-031 Dorado. PP.gZ. CUP.doc Plaiu~ing & Zoning Cornmission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 19 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The Applicant shall work with Planning Department staff to provide an address identification plan including apylon/monument sign at the required intersection(s). 13. 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. 14. Pravide exterior egress lighting as required by the International Building & Fire Cades. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. 17. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. ACRD Site S ecific Conditions of A roval Utilize an existing 35-foot wide curb return type driveway that functions as a full access driveway and intersects Overland Road approximately 365-feet east of Bonito Way, as proposed. 2. Construct a 24-foot wide curb return type driveway that functions as a right-in/right-out driveway ONLY and intersects Overland Road approximately 235-feet west of Eagle Road. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road abutting the portion of the site that was not improved as a part of the intersection project (approximately 320- feet). Construct the sidewalk a minimum of 50-feet from the centerline of Eagle Road. 4. Construct a 20-foot wide right-in ONLY driveway that intersects Eagle Road approximately 230-feet north of the curb line for Overland Road and construct a 15-foot wide (390-feet long) deceleration lane on Eagle Road to accommodate the right-in AZ-OS-019, PP-OS-024, CUP-OS-031 Dorado.PP.AZ. CUP.doC Planning & Zoning Coininission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 20 driveway ONLY. Coordinate the details with District staff in regard to the design and construction of the driveway and deceleration lane on Eagle Road. Construct a 6-inch raised median in Eagle Road to restrict the driveway to provide aright-in movement ONLY. 5- Other than the access points that have specifically been approved with this application, direct lot access to Overland Road and Eagle Road is prohibited. Place a note on the final plat that states this access restriction. 6• Comply with all Standard Conditions of Approval. ACHD Standard Conditions of A royal 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 Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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 conft~rmance 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 #200, 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 twa full business days prior to breaking ground within ACHD right-of--way. The AZ-OS-Ol9, PP_p5-024, CUP-OS-031 borado. PP.AZ.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 21 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. RECOMMENDATION Due to the findings listed in this report, staff recommends approval of the annexation/zoning (AZ-04-031), Conceptual Planned Development (CUP-OS-031), and Preliminary Plat (PP-05-024) subject to the conditions contained in this report. AZ-OS-019, pp-OS-024, CUP-OS-031 burado. PP.AZ.C[7p.doc Meridian Planning & Zoning June 2, 2005 Page 35 of 117 Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from May 5, 2005: AZ 05-013 Request for Annexation and Zoning of 120.15 acres from R1, RUT, C-G and I-L zones to C-G, I-L and L-O zones for Pinebridge Subdivision by Pinnacle Engineers, Inc. -east of North Locust Grove Road and south of East Fairview Avenue: Item 10: Continued Public Hearing from May 5, 2005: PP 05-015 Request for Preliminary Plat approval of 55 building lots and 7 other lots on 120.15 acres in proposed C-G, I-L and L-O zones for Pinebridge Subdivision by Pinnacle Engineers, Inc. -east of North Locust Grave Road and south of East Fairview Avenue: Item 11: Continued Public Hearing from May 5, 2005: CUP 05-020 Request for a Conditional Use Permit for a Planned Development for commercial / office /industrial and multi-family uses in proposed C-G, I-L and L-O zones far Pinebridge Subdivision by Pinnacle Engineers, Inc. -east of North Locust Grove Road and south of East Fairview Avenue: Zaremba: Thank you very much. The next two items I believe we can dispose of quickly, so let's try those before we take our break, if I may. I will open -- or reopen the continued Public Hearing for AZ 05-013, and PP 05-015, and CUP 05-020, and entertain a motion to continue these again to our meeting of August 4th. They all relate to the Pinebridge Subdivision, which has not been settled on with ACRD yet. Rohm: So moved. Zaremba: Okay. Do we have a second? Moe: Second. Zaremba: We have a motion and a second to continue these three items to August 4th. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 05-019 Request far Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: Meridian Planning & zoning June 2, 2005 Page 36 of 117 Item 13: Public Hearing: PP 05-020 Request for Preliminary Plat approval for 16 commercial building lots on 10.9 acres in a proposed C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: Zaremba: I will open the public hearings far AZ 05-019 for Dorado Subdivision and we have a correction to make. Item 13 is listed as PP 05-020. That reference number is actually incorrect. The correct number is PP 05-024. All other -- all other information is correct, but the file number should be PP 05-024. So, I will open the Public Hearing on that one as well and the request is to continue that to our meeting of July 7th. Rohm: Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we continue these two public hearings AZ 05-019 and PP 05-024, to our regularly scheduled Planning and Zoning meeting July 7th, 2005. End of motion. Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Zaremba: As we are approaching 9:00 o'clock, which is a traditional time for us to take a break, we will take about aten-minute break and, then, we will reconvene. (Recess.) Item 14: Public Hearing: AZ 05-017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between West Victory Road and West Amity Road: Item 15: Public Hearing: PP 05-019 Request for Preliminary Plat approval of 491 building lots and 67 other lots on 136.72 acres in a proposed R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between West Victory Road and West Amity Road: Item 16; Public Hearing: CUP 05-026 Request for a Conditional Use Permit far a Planned Development for single-family detached residential building units and single-family attached patio homes in a proposed R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between West Victory Road and West Amity Road: A~ 05-0 9 MERIDIAN PLANNING i~ TONING MEETING June 2, 2QQ5 APPLICANT Kimball Properties, LLC ITEM NO. ~ Z REQUEST Public hiearing -Annexation and Zoning of 1 Q.9 acres to C-G zone for Dorado Subdivision - NWC of South Eagle Road and East Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY EIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shah become property of the Gty of Meridian. COMMENTS No Comment See attached Comments No Comment ~~~~;ri Rl .05 '~ May 11, 2005 ~~~~ CHD Ve~wswv`~`ea~~a ~tiivwco To: Kimball Properties 1940 South Bonito Way Suite 160 Meridian, Idaho $3642 Subject: Dorado Subdivision 16-Lot Commercial Subdivision NWC Eagle Road and Overland Road John 5. Franden, President Sherry R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner ~ECEI~/EL~ ~aY 1 s zoos City of Meridian City Clerk Office On May 11, 2005, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6177. Si Andrea N. Tuning Planner III Right-of-way & Development Services, Planning sion CC: Project file, Construction Services, Utilities City of Meridian Stanley Consulting 1940 South Bonito Way Suite 140 Meridian Idaho 83642 Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us i . ~ ~~~~~ Coowmv~ul~e ~n.vcZ Right-of-Way & Development Services Planning Review Division This application required Commission action due to the size of the development. This item was scheduled on the consent agenda on May 11, 2005 at 6:30 pm. Tech Review for this item was held with the applicant on Friday April 29, 2005_ Please refer to the attachment for request for reconsideration guidelines. Staff contact: Andrea N. Tuning, 20$-387-6177-phone, 208-387-fi393-fax, atunin achd.ada.id.us File Numbers: Dorado Subdivision / MPP-05-020 / MAZ-05-019 Site address: Northwest corner of Overland Road and Eagle Road Owner/Applicant: Kimball Properties 1940 South Bonito Way Suite 160 Meridian Idaho 83642 Representative: Stanley Consulting 1940 South Bonito Way Suite 140 Meridian Idaho 83642 Application Information: The applicant has submitted an application to the City of Meridian requesting annexation, rezone and preliminary plat approval to construct a 16-lot commercial subdivision on 10.9-acres. The site is currently zoned RUT and is proposed to be rezoned to C-G. The site is located on the northwest corner of Overland Road and Eagle Road. Acreage: 10.9-acres Current Zoning: RUT Proposed Zoning: C-G Buildable Lots: 16-Lots Common Lots: None Vicinity Map ~ ;, A. Findings of Fact 1. Trip Generation: This development is estimated to generate 4,208 additional vehicle trips per based an the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: A traffic impact study was not required with this application due to the fact that the adjacent roadways have recently been improved and all access is in accordance with District policy. 4. Site Information: The site has one existing single-family residential dwelling. 5. Description of Adjacent Surrounding Area; a. North: I-84 -Interstate b. South: Eldorado Business Park c. East: 1.409-acres zoned R-1 d. West: Overland Way Subdivision 6. Impacted Roadways Overland Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: An acceptable Level of Service fo COMPASS Planning Thresholds Eagle Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: An acceptable Level of Service fo COMPASS Planning Thresholds 900-feet Minor Arterial East of Eagle Road was Better than C 35 MPH 13,341 an 2-27-02 r this segment of roadway is a Level of Service D based on 675-feet Principal Arterial North of Overland Road was 22,670 on 2-27-02 Better than C 40 MPH r this segment of roadway is a Level of Service D based on 7. Roadway Improvements Adjacent To and Near the Site Overland Road (west of Eagle Road) is improved with 5-traffic lanes with vertical curb, gutter and sidewalk. Overland Road widens as it approaches the Eagle Road intersection. Overland Road at the Eagle Road intersection (west leg) has 7-traffic lanes with vertical curb, gutter and sidewalk. Eagle Road is improved with 5-traffic lanes with vertical curb, gutter and sidewalk. Eagle Road widens as it approaches Overland Road. Eagle Road at the intersection (north leg) has 7-traffic lanes with vertical curb, gutter and sidewalk. There is a small segment of Eagle Road abutting this site that is not improved with curb, gutter and sidewalk. 8. Existing Right-of-Way Overland Road has a total of 120-feet of right-of-way (70-feet from centerline). Eagle Road has a total of 150-feet of right-of-way (58-feet from centerline). 2 9. Exiisting Access to the Site The site has a number of curb cut driveways and one curb return type driveway that intersects Overland Road. 10. Site History The District has not previously reviewed a development application on this parcel. 11. Capital Improvements Plan/Five Year Work Program Overland Road and Eagle Road (abutting this site) were improved in 2003-2004 as a result of a developer's cooperative agreement. At that time, Eagle Road and Overland Road were fully improved (abutting this site). 12. Other Development in Area On January 16, 2002, the District reviewed and approved a 32-lot commercial subdivision on 85.36- acres (Eldorado Subdivision). As a part of Eldorado Subdivision, the District approved three-access points to Overland Road (one public roadway, one full-access driveway and one right-in/right-out driveway only). B. Findings for Consideration Overland Road Right-of-Way and Improvements District policy requires 96-feet of right-of--way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). Overland Road was recently reconstructed to provide 5-traffic lanes with vertical curb, gutter and sidewalk between Eagle Road and Locust Grove Road. Overland Road widens at the Eagle Road intersection (west leg) to accommodate 7-traffic lanes with vertical curb, gutter and sidewalk. Due to the fact that Overland Road is fully improved and is not anticipated to be widened in the future, the applicant will not be required to dedicate additional right-of-way or construct additional improvements on Overland Road. Driveways District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection to be located 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. District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 35 to align or offset a minimum of 150-feet from any existing or proposed driveway. District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3 • The applicant is proposing to utilize an existing 35-foot wide curb return type driveway that intersects Overland Road approximately 365-feet east of Bonito Way. This driveway is in alignment with the full-access driveway that was previously approved and constructed as a part of Eldorado Business Park on the south side of Overland Road. This driveway width and location meets District policy and should be approved with this application. The applicant is proposing to construct a 35-foot wide curb return type driveway that functions as a right-in/right-out driveway ONLY and intersects Overland Road approximately 235-feet west of Eagle Road. This driveway is proposed to be located in alignment with the right- in/right-out driveway ONLY that was previously approved as a part of the Eldorado Business Campus. As a condition of approval, this driveway was required to be restricted with a 6-inch raised median. The median has been constructed and will restrict the proposed driveways movements to right-in and right-out ONLY. Although this driveways location meets District policy, staff recommends that the driveway be narrowed to approximately 24-feet in width. The 24-foot wide driveway will accommodate two 12-foot travel lanes and should adequately and safely handle traffic entering and exiting this driveway. 2. Eagle Road Right-of--Way and Improvements District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). This segment of Eagle Road was recently reconstructed at the intersection of Overland Road and was constructed with 7-traffic lanes with vertical curb, gutter and sidewalk abutting most of the site. There is a small segment of Eagle Road abutting this site that is not improved with curb, gutter and sidewalk. District policy requires the construction of a 5-foot wide detached (or 7-foot attached) concrete sidewalk on all arterial roadways. The applicant should construct a 5-foot wide detached concrete sidewalk on Eagle Road abutting the portion of the site that was not improved as a part of the intersection project (approximately 320-feet). The sidewalk should not be constructed any closer than 50-feet from the centerline of Eagle Road. Driveways • The applicant is proposing to construct a 20-foot wide right-in ONLY driveway that intersects Eagle Road approximately 230-feet north of the curb line for Overland Road. The applicant is proposing to construct a 15-foot wide (390-feet long) deceleration lane on Eagle Road to accommodate the right-in driveway ONLY. District policy requires restricted driveways to be located a minimum of 220-feet from a signalized intersection. This driveway meets District policy and should be approved with this application. The applicant should coordinate with District staff in regard to the details of the design and construction of the driveway and deceleration lane on Eagle Road. The applicant should also construct a 6-inch raised median in Eagle Road to restrict the driveway to provide aright-in movement ONLY. 3. Other Access Overland Road and Eagle Road are classified as arterial roadways. Other than the access points that have specifically been approved with this application, direct lot access to Overland Road and Eagle Road is prohibited. The applicant will be required to place a note on the final plat that states this access restriction. 4 C. Site Specific Conditions of Approval 1. Utilize an existing 35-foot wide curb return type driveway that functions as a full access driveway and intersects Overland Road approximately 365-feet east of Bonito Way, as proposed. 2. Construct a 24-foot wide curb return type driveway that functions as a right-in/right-out driveway ONLY and intersects Overland Road approximately 235-feet west of Eagle Road. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Raad abutting the portion of the site that was not improved as a part of the intersection project (approximately 320-feet). Construct the sidewalk a minimum of 50-feet from the centerline of Eagle Road. 4. Construct a 20-foot wide right-in ONLY driveway that intersects Eagle Road approximately 230-feet north of the curb line for Overland Road and construct a 15-foot wide (390-feet long) deceleration lane an Eagle Road to accommodate the right-in driveway ONLY. Coordinate the details with District staff in regard to the design and construction of the driveway and deceleration lane on Eagle Road. Construct a 6-inch raised median in Eagle Road to restrict the driveway to provide aright-in movement ONLY. 5. Other than the access points that have specifically been approved with this application, direct lot access to Overland Road and Eagle Road is prohibited. Place a note on the final plat that states this access restriction. 6. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 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 3$7-6258 (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 herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans far 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 5 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD 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, ar other regulatory and legal restrictions in farce 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 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden an the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Request for Reconsideration Guidelines 6 ( .. ~PMI q elf ~ 0 /~ ~N ~ ~jp~ ~~ -~ a =~~ ,r; t Sri; ~ ~ _~ ~ -~ 71' mrn Y F- w {jq e ~ ~ri ti ~~~"' C~ Il tl~ R• u P r. Y~ T ~Ly'~ ~ ~i ~ RR ~ Y. C~j / ~~ f ~~ s~ ~ ~ ~ ~ ~ ~~ ~ r~ 1 .~ ; ( ~. ~~ r ~~ "!! ( iii ~ i ~z~i~ ' / . '• `~ T ~ ~$ ~~ / , N ( far S y ~¢i ~ ~ i ~~ ~ t a ; , r ~a ~ ._._ _ i yy ( /~ i ~~ o v ~ s EMaL 11GM A i r~er w r m.rrr auo i 1 A i a~~ r ~ ~~~~. ~ • ~~ ~ ~ .' t ~ ~~ I ,~~~ ~~ ~~ -~" ~ F I I Y ~ % Y I / ~ • / ffA s~~~~ ~. a, ~t ~~~~ ~ A r~ ~.~ ~~~ ~~ ~~ ~ .' I I I gs~~~ p~c~ ~ ~ ~~ lA ~~~~ 1 M ~ ~ I I f o ~~~ . ~i 1 i~~~1g~~ ~ ~~~~~ ~ai~~ g% ' K~c ~ ~11 ~ ~ ~1~~~~~ i~c a ~ ~ ~ ~ ~ ~~ D SUBDIVISION~'~ ~ -~7 9 ~ ~Of~ ~ ar, r.~ x, a e.. dK ~M ~s~a s aan w~, sr., is ,~a~eflunnr.iau~o - 4898 5~1dByCO~fkS~Ultalits..c.F", tmi~ xa ....~. ~ B _ [~M1q CwwMrn~l/ F.. (2Gt) ~~11 7 Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:p0 p.m. an the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 8 Development Process Checklist ®Submit a development application to a City or to the County ®The City or the County will transmit the development application to ACRD ®The ACRD Planning Review Division will receive the development application to review ®7he Planning Review Division will do one of the following: ^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time. ^Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. ^Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating thf proposal for its conformance to District Policy. ®Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal far its conformance to District Policy. ®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. ^For ALL development applications, including those receiving a "No Review" or "Comply With" letter: • The applicant should submit two (2) sets of engineered plans directly to ACRD for review by the Development RevieH Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, includinc but not limited to, driveway approaches, street improvements and utility cuts. ^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Zone) ^ Driveway or Property Approach(s) • Submit a "Driveway Approach Request' form to Ada County Highway District (ACHD) Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ^ Working in the ACRD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACHD Construction -Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative ~ Plat, done by a Certified Plan Designer, if trench is X50' or you are placing X600 sf of concrete or asphalt. Construction (Subdivisions) ^ Sediment & Erosion Submittal • At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative i~ Plat, done by a Certified Plan Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved by the ACHD Drainage Division. ^ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ^ Final Approval from Development Services • ACRD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con. 9 Figure 1 vJ W V 4 z g B s C 9 '~ ~~ s ~G G m ~' p~ a U Q ~~ ~° 3~~ 0 a S ~~m~ '~~~~ ~~~ m~ m G ~~ ~~ ,~ ~ ~ ~~ J C~ .Q ~~ ~~~ ~~ ~ . ~~ ~ ~~ m E 5 I~,~~ ~~~ m~~~ ~"$ s ~~v ~~G' ~~1 's s,~~~ ~+~SE~ ~ o m V ~§ _ n ~~g~ 44~~ V m 4 ~~ m ~~ ~~~_ ~~`~ 4 ~ O '~+ C ~ m C 0 O ~~ ~,_ ~~~ va~ ~~5 ~~ m s~ ~W m~$ w~~ ~~~ ~~~$ ~~~~ ~~~ R m m ~ ~ O N ~ s~s~~ ~~ ~~~ ~~$~ ~~~~ 0 ~ ' ~' a ~ ~ D '~~s T ~g~~ g~~~ ~~~. ~~~ ~~€ ~. cm ~$ ~~ ~a~ Q A 4 G~~ ~~ ~~ W ~~ ~~ m ~~~. ~~° ~a ~ m c n ~~ ~m~~ ~,~a~ ~€~~ ~~^ - ~~ ~~ ~~ ~~~ x m~m ~~~ t ~ ~----_ ~ ~_~ ~~ C Y Eq ~' ~ ~ ~ ~ ,~ ~ ~E ~~ ' CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE July 7, 2005 ITEM # PROJECT NUMBER 14 AZ 05-019 PROJECT NAME Dorado Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL ~~ ~tfG~ c. ~~~ ,/ -" ~_. MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary r. W, ~~ . /'~ CITY QF ,.:~ ~~~ ~.. l~l~n IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 46G-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-SSOI PUBLiC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 Charles M. Rountree Ar l\ ~ ~} ~'," `~~ER ~~'TREn5l1REVn~~ si Keith Bird ~• CTTY OF li~IERTTIiIA?~T WAS TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: May 2fi, 2005 Transmittal Date: April 19, 2005 Hearing Date: June 2, 2005 File No.: AZ 05-019 Request: Public Hearing: Annexation and Zoning of 10.9 acres to C-G zone for Dorado Subdivision By: Kimball Properties, LLC Location of Property or Project: NWC of South Eagle Road ~ East Overland Road David Zaremba, P/Z (No FP) David Moe, P/Z (No FP) Wendy Newton-Huckabay, P/Z (No FP) Michael Rohm, P/Z (No FP) Keith Borup, P/Z (No FP) Tammy de Weerci, Mayar Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FPJ Building Department Fire Department Police Department City Attorney ~ ~' City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FP/PP onty) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPiPPicuP onty) QWest (FP/PP only) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County Land Records Meridian Development Corporation Historical Preservation Commission Western Heritage Foundation 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (20$) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Pax (208) 887-4$13 JD~ ~"~ ~~ ECEIi/E ~'1 SAY - s zo~~ City of Meridian '~/~ ~~ - City Clerk office 3 May, 2005 William G. Berg Jr., City Clerk City of Meridian 33 East Idaho Ave. Meridian, ID 83642 RE: AZ OS-019/Dorado Subdivision 1503 FIRST STREET 50UTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Dear Will: Nampa & Meridian Irrigation District has no comment on the above referenced application for Annexation and Zoning of 10.9 acres to C-G zone for Dorado Subdivision. Sincerely, ~~ Bill H son Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: File -Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGH75 - 23,000 8015E PROJECT RIGHTS - 40,000 MAYOR Y. ~ ~.' ~' ; " ;s~ r Tammy de Weerd r„ . , ' '~ r:i~t•Y cat '~~,~~'~ ,, CITY COUNCIL MEMBERS ] -" Keith Bird ~~~ ~~~ (~'/~~ ~' ~'"~ ~~~ Christine Donnell It )ANC) tr Shaun Wardle C . ~ ~ harles M, Roundtree ~, ~~. ~ ~,Y ~ ~' 1 'J I!; CITY HALL /LEGAL (208)888-4433•Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 • Fax 898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 MEMORANDUM To: Mayor, City Council and Plartzzing & Zoning Commission ~' ~`'~' From: Joseph Guenther, Associate City Planner '~~ .~UL ~'~ '~ . ~ ~e~ RE: Dorado Subdivision • Annexation/Rezone (AZ) approval of 10.9 acres from RUT (Ada County) to C-G (General Retail and Service Commercial), by Kimball Properties, LLC. (File No. AZ-OS-019) • Preliminary Plat (PP) approval of 16 commercial lots on 10.9 acres by Kimball Properties, LLC. (File No. PP-OS-024) • Conditional Use Permit approval for a Planned Development Consisting of a mixed commercial project of retail, hotel, restaurant, with drive-thru on 10.9 Acres in a Proposed C-G Zone, by Kimball Properties, LLC. (File No. CUP- OS-031) On July 5, 2005 staff received the attached detailed site plan depicting the planned development for the Dorado Subdivision. Based on this information staff has recommended the following changes be made to the staff report to reflect the revised site plan as submitted. Staff recommends removal of annexation and zolnin;~ comment #S: 5. 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 the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: a) All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. b) Prior to issuance of any building permit on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the conditions of ACHD and 1TD. Staff recommends amending the following conditions from the .fuly 1, 2005 staff report. (Changes to conditions are underlined) AZ-OS-019, PP-OS-024, CUP-05-031 ~ Dorado.AZ PP.CUP Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 2 SPECIAL CONSIDERATIONS-PRELIMINARY PLAT The Applicant shall maintain compliance with required ~:~.rel:,p,,,.,°-~* ~~°°~~--* Conditions of ~~roval for the annexation and lanned develo rnent of Dorado Subdivision, PP-OS-024, CUP- OS-031 and all applicable conditions of approval for the commercial lots in a mixed use development. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS 4. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. Suret ma be rovided for re uired erimeter landsca in on Lots 1 2 3 1 S and 16 until detailed conditional use a royal is anted. 6. A detailed fencing and landscape plan, in compliance with CUP-OS-031 and MCC 12-13, shall be submitted with the final plat application. 8. All internal landsca in shall be installed as follows in com liance with MCC 12-13 references to lots are based on the reliminar lat dated 4/1/05 35' landsca e buffer re uired on Overland Road. 3S' landsca e buffer re uired on Ea le Road 3S' landsca e buffer re uired on I-$4 entr a corridor 2S' landsca e buffer re uired from S. Loder Place ri ht of wa currentl there is a 20' o ens ace lot which does not meet the standards of MCC 12-13. 2S' landscape buffer areq uired on west.property lines of Lots 15 and 16 and portion of Lot 3 MCC12-13-12-4. _ 2S' landsca e buffer re uired on north ro ert lines of Lots 1 and 2. 5' landsca a buffer re uired on west ro ert lines of Lots 13 and 14. The re uired landsca in for Lots 1 2 3 1 S and 16 ma be amended durin the conditional use a royal rocess and rior to issuance of a Certificate of Zonin Compliance. SITE SPECIFIC CONDITIONS CONDITIONAL USE PERMIT/PD 1. All conditions of the accompanying Annexation and Zoning application r~,,.~„a;,,,. *~° 13ei~eprr~e~ee~, and Preliminary Plat application shall also be considered conditions of the Conditional Use/PD application. 2. No new buildings are approved for construction under this conceptual CUP/PD application (File No. CUP-OS-031). All future buildings on Lots 1, 2, 3, 15, and 16 shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit. 3. At this first public hearing, the Applicant shall provide specific information regarding the two amenities, as rewired by 12-6-3 for the Planned Development. AZ-OS-019. PP-05-D24, C'~UROS-031 4orado, PP. AZ, CUP. doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 3 Staff Note: The applicant has proposed an outdoor courtyard on the detailed submittal received 7/5/07. The size, extent and purpose of the courtyard have not been defined and staff does not support the location as presented. Staff feels that an amenity should be tied to a specific use or uses and incorporated into the overall planned developrnen.t for use by the hotel/restaurant/retail uses. Staff is recommending a design which will incorporate the courtyard into a minimum of two of the hotel/retail/restaurant buildings to better provide the amenity to pedestrians. 11. A revised site plan and landscaping plan reflecting all tlae required modifications to the site plan and landscaping in compliance with Preliminar__y Plat Site Specific Condition #8 shall be submitted to the City Clerk's office at least ten (10) days prior to the next public hearing for this application. RECOMMENDATION Staff is recommending approval of the sixteen lot preliminary plat dated 4/I/O5, prepared by Stanley Consultants, Drive Thru uses as depicted for the bank and restaurants, and a maximum height allowance of 60' based on the detailed submittal attached with this memo. Staff also recommends that if the properties in Overland Way Subdivision west of the site develop in a commercial zoning designation prior to individual conditional use approval that the site specific conditions of approval related to Lots 1, 2, 3, I5, and YS of the proposed Dorado Subdivision will be void. Due to the findings listed in this report, staff recommends approval of the Annexation/Zoning (AZ-04-031), Conceptual Planned Development (CUP-OS-031), and Preliminary Plat (PP-05-024) subject to the conditions contained in the staff report dated July 1, 2005 with the changes outlined in the Memorandum dated July 6, 2005. AL-05-U19. PP-US-U24. CUP-OS-D31 Dorado.PP.AZ.CUP.doc MAYOR r Tammy de Weerd ~~ _ '•~ ~ C;1"1'Y OF RI CITY HALL /LEGAL (208) 888-4433 •Fax 887-4813 CITY COUNCIL MEMBERS -" ,-. rya " PUBLIC WQRKS Keith Bird /a~l~~l/~' ,~/J ~°' ~!, //// BUILDING DEPARTMENT Christine Donnell vv LLLL LLLL ~[ LL~~LL // ~L ~ (208) 898-5500 •Fax 898-9551 Shaun Wardle It.)AI-10 j Charles M. Roundtree y ~ `~ PLANNING ANp ZONING C'F DEPARTMENT N rFk e v ~ fF;B~4~URt~V~~ SINCF (208) 884-5533 • FAX 888-6854 1963 MEMORANDUM To: Mayor, City Council and Planning & Zoning Commission ~,('~ CjE~ V ~j~ From: Joseph Guenther, Associate City Planner ~ -1~-)~- ~ ~ Z~QS RE: Dorado Subdivision '--~yi tY Of Meridian `~i.1;,y Clerk Office + Annexation/Rezone (AZ) approval of 10.9 acres from RUT (Ada County) to C-G (General Retail and Service Commercial), by Kimball Properties, LLC. (File No. AZ-OS-019) + Preliminary Plat (PF) approval of ] 6 commercial lots on 10.9 acres by Kimball Properties, LLC. (File No. PP-pS-024) + Conditional Use Permit approval for a Planned Development Consisting of a mixed commercial project of retail, hotel, restaurant, with drive-thru on 10.9 Acres in a Proposed C-G Zone, by Kimball Properties, LLC. (File No. CUP- OS-031) On July S, 2005 staff received the attached detailed site plan depicting the planned development for the Dorado Subdivision. Based on this information staff has recommended the following changes be made to the staff report to reflect the revised site plan as submitted- Staff recommends removal of annexation and zonin comment #5: S. 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 the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the fallowing; a) All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. b) Prior to issuance of any building permit on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the conditions of ACHD and 1TD. Staff recommends amending the following conditions from the July 1, 2005 staff report. (Changes to conditions are underlined) AZ-OS-019, PP-DS-024, CUP-OS-031 Dorado.AL.PP,CUP Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: 7uly 7, 2005 Page 2 SPECIAL CONSIDERATIONS-PRELIMINARY PLAT The Applicant shall maintain compliance with required Conditions of approval for the annexation and planned development of Dorado Subdivision, PP-OS-024, CUP- OS-031 and all applicable conditions of appraval for the commercial lots in a mixed use development. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS 4. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. Suret ma be rovided for re uired erimeter landsca in on Lots 1 2 3 15 and 16 until detailed conditional use a royal is anted. 6. A detailed fencing and landscape plan, in compliance with CUP-OS-031 and MCC 12-13, shall be submitted with the final plat application. 8. All internal landsca in shall be installed as follows in com liance with MCC 12-13 references to lots are based on the reliminar lot dated 4/1/05 35' landsca e buffer re uired on Overland Road. 35' landsca e buffer re uired on Ea 1e Road 35' landsca e buffer re uired on 1-84 entr a corridor 25' landsca e buffer re uired from S. Loder Place ri t of wa currentl there is a 20' o ens ace lot which does not meet the standards of MCC 12-13. 25' landsca e buffer re uired on west ro ert lines of Lots 1 S and 16 and ortion of Lot 3 MCC12-13-12-4. 25' landsca e buffer re uired on north ro ert lines of Lots 1 and 2. 5' landsca a buffer re uired on west ro ert lines of Lots 13 and 14. The re uired landsca in for Lots 1 2 3 1 S and 16 ma be amended durin the conditional use a royal rocess and rior to issuance of a Certificate of Zonin Co. mnliarice• SITE SPECIFIC CONDITIONS CONDITIONAL USE PERMIT/PD 1. All conditions of the accompanying Annexation and Zoning application and Preliminary Plat application shall also be considered conditions of the Conditional Use/PD application. 2. No new buildings are approved for construction under this conceptual CUP/FD application (File No. CUP-OS-031). A11 future buildings on Lots 1 2 3 15, and 16 shall require appraval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit. 3. At this first public hearing, the Applicant shall provide specific information regarding the two amenities, as required by 12-6-3 for the PZanned Development. P.Z-05-019, PP-05-024, CUP-OS-031 Dorado. PP,P,Z.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 3 Staff Note: The applicant has proposed an outdoor courtyard on the detailed submittal received 7/5/07. The size, extent and purpose of the courtyard have not been defined and staff does not support the location as presented. Staff feels that an amenity should be tied to a specific use or uses and incorporated into the overall planned development for use by the hotel/restaurant/retail uses. Staff is recommending a design which will incorporate the courtyard into a minimum of two of the hotel/retail/restaurant buildings to better provide the amenity to pedestrians. 11. A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping in com fiance with Prelimin Plat Site S ecific Condition #8 shall be submitted to the City Clerk's office at least ten (10) days prior to the next public hearing for this application. RECOMMENDATION Staff is recommending approval of the sixteen lot preliminary plat dated 4/1/05, prepared by Stanley Consultants, Drive Thru uses as depicted for the bank and restaurants, and a maximum height allowance of 60' based on the detailed submittal attached with this memo. Staff also recommends that if the properties in Overland Way Subdivision west of the site develop in a commercial zoning designation prior to individual conditional use approval that the site specific conditions of approval related to Lots 1, 2, 3, I5, and XS of the proposed Dorado Subdivision will be void. Due to the findings listed in this report, staff recommends approval of the Annexation/Zoning (AZ-04-031), Conceptual Planned Development (CUP-OS-031), and Preliminary Plat (PP-OS-024) subject to the conditions contained in the staff report dated July 1, 2005 with the changes outlined in the Memorandum dated July 6, 2005. AZ-05-019, pP_05-024, CUP-OS-031 I)orado.PP.AZ.CUP. do c