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Medina Subdivision PP ",' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Preliminary Plat Approval of 6 Commercial Building Lots on 8.06 Acres in a C-G Zone for the Proposed Medina Subdivision AND Development Agreement Modification to Allow a Right-in/Right-out Access Point to the Site From S. Meridian Road. Case No(s). PP-07-003 & MI-07-002 For the City Council Hearing Date of: March 20, 2007 (Findings on the April 3, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 20,2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 20,2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 20,2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 20,2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 ll-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-003 & MI-07-002 4. Due consideration has been given to the comrnent(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 20, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 II-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's preliminary Plat as evidenced by having submitted the Preliminary Plat dated January 9, 2007, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 20, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years ofthe approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination ofthe period in accord with ll-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-003 & MI-07-002 final plat or short plat to comply with the current provisions of Meridian City Code Title II. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Pinal Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 20,2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-003 & MI-07-002 By action of the City Council at its regular meeting held on the IJp7Z ,2007. "2 rtK... r;I- - day of COUNCIL MEMBER KEITH BIRD VOTED ~ VOTED~ VOTED~ VOTED~ COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE MAYORTAMMYdeWEERD (TIE BREAKER) VOTED ~tiJm/ Attest: Attorney. By: $-hOv~m~. ~ City Clerk Dated: Ot..j-CJ 5"-'0 I CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-003 & MI-07-002 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20,2007 STAFF REPORT TO: FROM: Hearing Date: March 20, 2007 Mayor & City Council Sonya Watters Associate City Planner Meridian Planning Department 884-5533 ~g /nTYm; .. Vo/I.criditf11 \ H),\HO .). SUBJECT: Medina Subdivision . PP-07-003 Preliminary Plat of 6 commercial building lots on 8.06 acres in a C-G zone . MI-07-002 Development Agreement modification to allow right-in/right-out access point to the site from S. Meridian Road (NOTE: a variance for the subject access point has previously been approved by the City Council.) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, WhitewLeasure Development Company, has applied for Preliminary Plat (PP) approval of 6 conunercial building lots on 8.06 acres in the C-G zone for Medina Subdivision. The applicant is also requesting approval to amend the Development Agreement by allowing an access to Meridian Road, as previously approved by the Council. The applicant is proposing to modify the stipulations regarding the previously allowed right-in/right-out access point to S. Meridian Road (see Section 10, Analysis, for more detail). The site is located on the southwest comer of S. Meridian Road and W. Overland Road, in the northeast 1;.1 of Section 24, Township 3 North, Range 1 West. This property is currently referenced as Assessor's Parcel Number SI224ll0105 and has not been previously platted. This property is within the City's Urban Service Planning Area and is currently within the corporate boundaries ofthe City. 2. SUMMARY RECOMMENDATION The subject applications (PP-07-003 & Mlw07-002) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and reconunended conditions of approval for the PP & MI applications. Staff is recommending that the PP & MI applications be approved with the conditions listed in Exhibit B of the staff report. Note: The Commission is not required to make a recommendation on the Development Agreement modification request (MI-07-002). The Meridian Plannine and Zonine Commission heard the PP request on February 15, 2007. At the public hearine the Commission moved to recommend approval. a. Summary of Commission Public Hearine: i. In favor: Van Ele (Applicant's Representative) and Peter Oliver ii. In opposition: Bryan McGrath ill. Commentine: None iv. Written testimony: Joyce & Ken Weiand v. Staff presentine application: Sonya Watters vi. Other staff commentine on application: None b. Key Issues of Discussion by Commission: i. Reduction to the required street buffer width in a portion of the buffer alone S. Meridian Road: and Medina Subdivision PP-07-003 & MI-07-002 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 ii. The ali2nment of the proposed access points to Overland Road with the existine access points on the north side of Overland Road: c. Kev Commission Chanees to Staff Recommendation: i. The applicant shall apply for Alternative Compliance for the reduction in buffer width alone S. Meridian Road prior to the City Council meetine. (The aoolicant has applied for Alternative Comoliance as requested bv Council and the request has been aporoved bv Planning Staff,) d. Outstandine Issue(s) for Citv Council: i. None Tbe Meridian Citv Council heard these items on March 20.2007. At the DubHe heariDP thev aDnroved the subiect PP and MI renuest. L Summarv of Citv Council Public Hearinl!: i. In favor: .Jeff Huber (ADDHcant's ReDresentative) and Matt Smith. Brighton CorDoration ii. In oDDosition: None iii. Commentinp: None iv. Written testimonv: None v. Staff Dresenting aDDHcation: Caleb Hood vi. Other staff commentinl! on aDDHcation: None .h. Kev Issues of Discussion bv Council: i. The alipnment of drivewavs on the north side of Overland Road: ii. Cross-narkinl! and cross-access al!reement renuirement (Walpreen's does not want cross-narkinl!) ~ Kev Council Chanl!es to Commission Recommendation: i. N.on.e 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers PP~ 07-003 and MI-07-002 as presented in the staff report for the hearing date of March 20, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications. ) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers PP-07- 003 and MI-07-002 as presented during the hearing on March 20,2007, for the following reasons: (State specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers PP-07-003 and MI-07-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Southwest comer of S. Meridian Road (SH 69) and W. Overland Road NE ~ of Section 24, T.3N., R.1 W. Tax Parcel: S1224110105 b. Applicant: Medina Subdivision PP.07-003 & MI-07-002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 White-Leasure Development Company 416 S. 8th Street, Ste. 200 Boise, ill 83702 c. Owner: Same as applicant d. Representative: Van BIg, The Land Group, Inc. e. Present Zoning: C-G (General Retail and Service Commercial District) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting preliminary plat approval for 6 commercial building lots on 8.06 acres of land in a C-G zone along with a Development Agreement modification to amend the portions of the agreement that prohibit curb cuts or access to the site from S. Meridian Road to allow one right-in/right.out access to be located on Meridian Road, no closer than 500 feet from the centerline of Overland Road per V AR-05- 027. Further, the V AR & CUP requirements for the driveway from this access to extend directly to the west property line for future cross-access is requested to be modified to re- locate the access point on the west boundary to the northwest comer of the property, as shown on the plat. 1. Preliminary Plat, labeled Sheet P1.0, prepared by The Land Group, dated 1/9/07 (attached in Exhibit A) 2. Landscape Plan, labeled Sheet L1.0 and L1.l, prepared by The Land Group, dated 1/8/07 (attached in Exhibit A) h. Applicant's Statement/Justification: The applicant is requesting preliminary plat approval for 6 commercial building lots on 8.06 acres of land in a C-G zone. A Development Agreement modification is also requested to amend the portions of the agreement that prohibit curb cuts or access to the site from S. Meridian Road to allow one (1) right- in/right-out access to be located on Meridian Road, no closer than 500 feet from the centerline of Overland Road per V AR-05-027. Further, the V AR & CUP requirement for the driveway from this access to extend directly to the west property line for future cross- access is requested to be modified to re-Iocate the access point on the west boundary to the northwest comer ofthe property as shown on the plat. Sewer service will be provided via the sewer main on the west side of S. Meridian Road and water service will be provided via the existing mains on the north side of W. Overland Road. Pressure irrigation serice will be provided by connecting to the existing water mains as well, with approved back flow prevention. The proposed retail and office uses fit within the current C-G zoning. The project will be anchored by a Walgreen's shown on Lot 1, Block 1. No variances are being requested with this application. 5. PROCESS FACTS a. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. The subject application will, in fact, constitute a development agreement modification. Miscellaneous applications are not currently addressed in Title 11 of the Unified Development Code. It has been detennined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the Medina Subdivision PP-07-003 & MI-07-002 PAGE 3 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 City Council. d. Newspaper notifications published on: January 29,2007 and February 12, 2007 (Commission); and February 26. 2007 & March 12. 2007 (City Council) e. Radius notices mailed to properties within 300 feet on: January 19, 2007 (Commission); and Februarv 23. 2007 (City Council) f. Applicant posted notice on site by: February 5,2007 (Commission); and March 9. 2007 (Citv Council) 6. LAND USE a. Existing Land Use(s): The site is currently vacant. b. Description of Character of Surrounding Area: There are existing single-family homes to the south of this development and commercial businesses to the north and east. The property to the west is currently vacant and in the process of being reMdeveloped. c. Adjacent Land Use and Zoning: 1. North: Commercial (Jackson's Food Stores convenience store/gas station, Sandman Motel, vacant property), zoned CMG 2. East: Southern Springs commercial development, zoned C-G 3. South: Single-family residential (Elk Run Subdivision), zoned R-8 4. West: Vacant (in the re-development process), zoned C-G d. History of Previous Actions: . Property was annexed in 2004 (AZ-04M03l) under the name of Meridian Gateway. A conceptual plan for a commercial subdivision was approved with the AZ application. . A Development Agreement (DA) (Inst. No. 105134293) was recorded at the time of ann~xation that required all future uses on proposed lots or parcels within the annexation area to be approved through the Conditional Use Pennit process. The DA also prohibited curb cuts or access to the site from S. Meridian Road (State Highway 69) per the Comprehensive Plan. . A Variance (V AR-05-027) was approved in 2006 that allowed one right-in/right-out only access to S. Meridian Road, to be located no closer than 500 feet south of Overland Road. Further, said access drive was to extend directly to the property to the west for future cross-access with the property to the west. . A Conditional Use Permit (CUP-06-0l5) was approved for Walgreen's on this site (proposed on Lot 1, Block 1, of the subject plat). e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property would sewer to mains located in Meridian Road. Location of water: There is water in Meridian Road and W. Overland. Issues or concerns: This property is proposing using City of Meridian potable water as its main source. City Code requires subdivisions to provide a pressurized irrigation system using surface water as its main source. If the applicant is proposing to waive this requirement they shall provide proof, to Medina Subdivision PP-07-003 & MI-07.002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF MARCH 20,2007 the City Engineer, that this property has no existing water rights prior to being heard by City Council. 2. Vegetation: None 3. Floodplain: NA 4. Canals/Ditches/Irrigation: No major facilities are located on this site, however all ditches on this property shall be tiled per City Code (see Exhibit B of the staff report). 5. Hazards: None known 6. Proposed Zoning: NA 7. Size of Property: 8.06 acres f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 6 3. Total Building Lots: 6 4. Common Lots: 0 5. Other Lots: 0 6. Total Lots: 6 7. Open Lots: 0 8. Residential Area: NA 9. Gross Density: NA 10. Lot Sizes: Lot sizes range from 1.088 acres to 1.877 acres. g. Landscaping: 1. Width of street buffer(s): UDC 11-2B-3 requires a minimum 35-foot wide buffer along S. Meridian Road and a minimum 25-foot wide along W. Overland Road. Landscaping shall be provided in accordance with UDC 11- 3B- 7, Landscape Buffers Along Streets. With CUP-06-015, the applicant was allowed to request alternative compliance for the width of the landscape buffer along S. Meridian Road, where the deceleration lane will be constructed. However alternative compliance has not yet been requested and the full buffer is required until such time as alternative compliance is requested and approved by the Planning Department. 2. Width ofbuffer(s) between land uses: A 25-foot wide buffer is required along the south boundary of the subdivision adjacent to the existing residential subdivision. Per CUP-06-015, this buffer is not required to be installed until another building, other than the Walgreen's building, is constructed within the subdivision. 3. Percentage of site as open space: NA 4. Other landscaping standards: NA h. Dimensional standards for the C-G zone per UDC ll-2B-3: Minimum Dimensional Standards (in feet unless otherwise noted) Proposed Required Medina Subdivision PP-07-003 & MI-07-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20,2007 Maximwn building height o o o 65 o o o 65 Front setback* Rear setback* Interior side setback* Maximwn building size (without design standard approval) 200,000 s.f. 200,000 sJ. * All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted transportation plan. No changes to the dimensional standards in UDC Table 11-2B-3 were requested or approved with this application.) 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this development will be provided from one right-in/right-out access point from S. Meridian Road and one right-in/right out access point from W. Overland Road. Additionally, this property will share a full access point to W. Overland Road that is provided on the adjacent property to the west. A cross-access agreement with the property to the west should be recorded. Further, all lots within the subject subdivision should be provided with access to the access points listed above. Other than the access points approved with this application, direct lot access to W. Overland Road and S. Meridian Road should be prohibited The Planning Department and ACHD are supportive of the proposed cross-access and access points to the subdivision, per the conditions listed in Exhibit B of the staff report. As of the print date of this report, ITD has not submitted formal comments on this application. However, ITD (Sue Sullivan) did submit an e-mail stating that if the subject development complies with all items in Meridian's ordinance for development along state highways, that ITD would have no further comments. 7. COMMENTS MEETING On January 26, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): . Chapter VII, Goal III, Objective A, Action I - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: )- Sanitary sewer and water service will be extended to the project at the developer's expense. Medina Subdivision PP-07-003 & MI-07-002 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20,2007 }> The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resources and personnel with the Meridian Rural Fire Department. }> The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). }> The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD) and Idaho Transportation Department (ITD). This service will not change. }> The subject lands are currently sen'iced by the Meridian School District No.2. This sen'ice will not change. }> The subject lands are currently serviced by the Meridian Library District. This sen'ice will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Sen'ices, and Sanitary Sen'ices Company. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) The applicant is required to install and maintain landscaping within the street buffers located along W Overland Road and S. Meridian Road in accordance with UDC 11-3B-7. A 35-foot wide buffer is required along S. Meridian Road and a 25-foot wide buffer is required along W Overland Road. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1 , Objective B) Staff believes that the future commercial and retail uses on this site will contribute to the variety of uses in this area. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is not required to install internal landscaping with the subject preliminary plat application; however, street buffer landscaping is required with this application. Internal landscaping will be required upon development of each lot within the subdivision with CUP & CZC approval. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: . "The capacity of arterial. . . roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimize access points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page 72) The applicant is minimizing access points to the arterial roadways adjacent to this site by only proposing one right-in/right-out access to S. Meridian Road and one right-in/right-out access to W Overland Road. . "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). Medina Subdivision PP-07-003 & MI-07-002 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 Cross-access is proposed at the northwest corner of the site for a shared access point to w: Overland Road on the property to the west to reduce access points to w: Overland Road, a principal arterial roadway. . "Restrict curb cuts and access points on . . . arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) Curb cuts to w: Overland Road and S. Meridian Road, both principal arterial roadways, are restricted to those shown on the plat. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table ll-2B-2 lists a variety of uses that are principal permitted, accessory, conditional, or prohibited within the C-G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. c. Structures Subject to Design Standards: All future structures on property adjacent to an entryway corridor (S. Meridian Road) are subject to the design standards listed in UDC 11- 3A-19C. d. Development along State and Federal Highways (UDC ll-3H): The Applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road. The intent of this section is to provide for future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half-mile collector road. The applicant is proposing internal driveways, rather than a street, that will col/ect and distribute traffic as envisioned with the subject section of the UDC 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed commercial subdivision. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the C-G zone per UDC Table 11-2B-3: There are no minimum setbacks, lot size, or street frontage requirements for lots in the C-G zone. Proposed lot sizes range from 1.088 acres to 1.877 acres. The maximum building height allowed in the C-G zone is 65 feet. The maximum building size allowed without design Medina Subdivision PP-07-003 & MI-07-002 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20,2007 standard approval is 200,000 square feet. Future buildings proposed on the subject lots shall meet the minimum dimensional standards listed in UDC 11.2B-3 and #6h above. Development Along Federal and State Highways (UDe 11-3H): Because this property is located along S. Meridian Road (State Highway 69), the standards listed in UDC 11- 3H-4 apply to this development. However, as noted above in section 6d, a variance (V AR-05-027) and conditional use permit (CUP-06-015) were previously approved that allowed one right-in/right-out access to State Highway 69 with the requirement that said driveway extend directly to the west property boundary and cross-access be provided between the subject property and the property to the west. UDC I I-3H-4B3 requires that a street be constructed, generally paralleling the state highway, to provide future connectivity and access to all properties fronting the state highway. Staff believes that the internal driveways proposed within this development meet the intent of the afore- mentioned requirement. Further, with the previous approvals for access to this development, staff believes that no other portions of this section of the UDC apply to this development. Thus, staff is not requiring any conditions of approval in Exhibit B of this staff report pertaining to this section of code. Landscaping: The landscape plan submitted for this project, prepared by The Land Group, labeled Sheet Ll.O & Ll.l, dated 1/8/07 shall be modified as follows: · Provide a minimum 35-foot wide landscape buffer along S. Meridian Road or apply for alternative compliance for a reduction in buffer width where the deceleration lane will be constructed, as provided for in CUP-06-015. If alternative compliance is requested, the applicant must obtain approval prior to submittal of the [mal plat. The width of the buffer shall be calculated outside of any right-of-way that ITD may require along S. Meridian Road. · A 25-foot wide landscape buffer shall be installed along the southern boundary of this subdivision adjacent to the existing residential uses upon development of the second building within this subdivision. (The first building, Walgreen's, was allowed to be constructed without installing this buffer, per CUP-06-015.) Include landscaping for this buffer on the south side of Lots 5 and 6, Block 1, in accordance with UDC II-3B-9, Landscape Buffers to Adjoining Uses, on the revised landscape plan. · A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Proposed Streets and/or Access: Access to this development will be provided from one right-in/right-out access point from S. Meridian Road and one right-in/right out access point from W. Overland Road. Additionally, this property will share a full access point to W. Overland Road that is provided on the adjacent property to the west. A cross.access agreement with the property to the west should be recorded. Further, all lots within the subject subdivision should be provided with access to the access points listed above. Other than the access points approved with this application, direct lot access to W. Overland Road and S. Meridian Road should be prohibited The Planning Department and Medina Subdivision PP-07-003 & MI-07-002 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 ACHD are supportive of the proposed cross-access and access points to the subdivision, per the conditions listed in Exhibit B of the staff report. As of the print date of this report, ITD has not submitted formal comments on this application. However, ITD (Sue Sullivan) did submit an e-mail stating that if the subject development complies with all items in Meridian's ordinance for development along state highways, that ITD would have no further comments. A cross-access agreement should be recorded between the owner of the subject property and the owner of the property to the west for the two shared driveways to Overland Road and the driveway to S. Meridian Road. All lots within the subdivision should have access to the access points approved in this application. The agreement should also allow for cross-access/parking between the lots within this subdivision. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat (see Exhibit B of the staff report). Elevations: Sample elevations were provided with the subject application for future buildings for this site (see Exhibit A of the staff report). Future buildings shall substantially comply with the construction materials and design elements shown in these elevations. All future structures on property adjacent to S. Meridian road, an entryway corridor, shall also comply with the design standards listed in UDC ll-3A-19C. Further, the DA for this property requires that all buildings obtain CUP approval prior to construction. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9.1-28. Fencing: The Applicant is not showing any fencing on any of the submitted plans. Permanent fencing is not required for commercial subdivisions. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Future Uses: All future uses on the subject lots shall be required to obtain CUP approval per requirement of the DA. After CUP approval, a Certificates of Zoning Compliance must be obtained prior to building construction. Further, all structures located adjacent to S. Meridian Road shall be subject to design standard approval per UDC 11-3A-19C. DEVELOPMENT AGREEMENT (DA) MODIFICATION ANALYSIS: The DA (lust. No. 105134293) for this development is proposed to be modified as follows: . Exhibit B, Section A, first bullet: ". . . In eomplianee 'xi-tli tfte Meridian Comprehensive Plan, no curb cuts shall be allowed on Kuna-Meridian Road (SH 69) except for one (1) right-inlright-out access to be located on S. Meridian Road. no closer than five hundred (500) feet from the centerline ofW. Overland Road." · Exhibit B, Section J, last paragraph: ". . . Staff finds that no curb cuts or access to Kuna-Meridian Road shall be taken from this site upon development except for one Medina Subdivision PP-07-003 & MI-07-002 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 (1) right-inlrillht-out access on Meridian Road to be located no closer than five hundred (500) feet from the centerline ofW. Overland Road." Staff recommends that in Exhibit B, Annexation and Zoning Comments, under #5, an additional bullet item be added as follows: "This site is allowed one right-inlright-out access to S. Meridian Road to be located no closer than 500 feet from the centerline of W. Overland Road. No other accesses or curb cuts shall be allowed to S. Meridian Road." Further, staff recommends that an exhibit be added to the DA depicting the approved access points for the subdivision as shown on the preliminary plat attached in Exhibit A of this staff report. Staff supports the proposed modifications to the Development Agreement, as the access point to S. Meridian Road was previously approved and the applicant is still providing cross-access to the property to the west, so they both can use the access point to Meridian Road. Staff believes that this modification will clean up the DA to reflect the previous and concurrent approvals for the site. Note: Staff has not reviewed the internal parking lot improvements shown on the plat and landscape plan submitted with this application for compliance with the UDC or Comprehensive Plan. mternal improvements will be reviewed upon CUP/CZC application for each future building within this subdivision. b. Staff Recommendation: Based on the above analysis, staff finds that applications PP-07-003 & MI- 07 -002 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends that the PP application be approved with the conditions stated in Exhibit B of the staff report. Note: The Commission is not required to make a recommendation on the Development Agreement modification request (MI-07-002). The Meridian Plannin2: and Zonin2: Commission heard the PP request on Februarv 15. 2007. At the public hearin2: the Commission moved to recommend approval. The Meridian Citv Council heard these items on March 20. 2007. At the nuhlic hearinv thev annroved the suhiect PP and MI reouest. 11. EXHmITS A. Drawings 1. Vicinity Map 2. Preliminary Plat, prepared by The Land Group, labeled Sheet PI.O, dated 1/9/07 3. Landscape Plan, prepared by The Land Group, labeled Sheet Ll.O & Ll.I, dated 1/8/07 B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department Medina Subdivision PP-07-003 & MI-07-002 PAGE II CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20,2007 9. Idaho Transportation Department C. Required Findings from Unified Development Code Medina Subdivision PP-07-003 & MI-07-002 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 A. Drawings 1. Vicinity Map INTERSTATE'84- ~~ T~ 'O~ ~~"---~ ~ S'\ rlS-f:- // / ~ ~'\~/ ~ //--~ .Y ~ ~ KING SALMON 1 z :J It: ~ ~. -' "" % :; ~ :::!: '" ~ '" -l OVERLA ND ~ ~~ ~. ~~~ ~~ r JT~ T 7 ~ ~ IlL L / QA~P ..R"f : l ~~ f-~ ;VENroFrr. H I T \ I"~~ --- ~V~N~>Rl l ~ ---lj ~ u! ~ ' EbIAS- :\ ~ ~~ 1 ~=~ Ir\:/ ~~ -~ --; ---~ <A'o...-;~J _i s:~:j~. ~11r: \ T \ I ___ -I\U J /! ~LOERWOQD .J-- _- ~ 1 ;r-- il -71 - " f----- ~/ I :J--- L-1,- \1~~ ~'~~~~8 ~- ~____~_~/ ,\ , "il ~ - :l - \ X;;~ ~ ':~/ .A~ - r-- \?~ .~'<A/m- \ I Exhibit A ~ I 1l 8; ~....:::= ~ - - I ~rn( I ~\ ~"e l ~ ~~- ~ ~ r---- --'\.- ~i~U~ ~= r ~~~~'~>~& i ~,. !'b~ .-------\ \ << / \ ~ \\'~- ~~-! '~Il~ ~ ~ '\ = ~ -OJ \ ~--\ \ ITT ~ /~ =; 3~)11~~\(; '--!'" ~'v ~I '" :0 UNKNOWN L CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 2. Preliminary Plat ~~,",,~~~==lw~ I !!~ .H~i" .llt61~ I h, ; ,iiii: .!J J; ,. .dl ~. fJ, fi; e !ll dlJ Jill 1if;eL r-5.;f9i liH ~!jl;li~Jr ~ ih : I ! I"I.I.,! !I, b ~ .~t. .~ !li"'llii Pili it 11M 1M., i"l: il i ff~ j. ~II 'Ill I · 'ill I z "!(IJ'''!~' r!. li~ IIli,. u !~I..il. ~ fii I I ", e!H1 I ~ b'1"iI ;!p. II' ill !I g fl' ! Iii I. i' u. , ~ ti ~~~;u. ~I ~d fil ~g ~l!i!; ~ ~i! i ~; I i il~111 .) , / ",i!. in"l ! __'- >"!lI-':::. .lsl~ i ~ ~ ~! 31 :III! f' .;\,~. li 111;~i~~1 ~ *~ . q , , k . .1' . f v . I, . . I~ I; t 8 fJ I~II I ~ . . I J ;;n;. I~I!: .!~;,;~ ~. ll.1 J I IIIIII . ddi.. .efh2,,!U h r 1M ._~~. ....._.._ ,""*M <II" Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20,2007 3. Landscape Plan 0Cf9Pt 'U81~ U8\d ed8"J$j)Uel NOlsiAloans VNJ03t'\t -i" IUhf,f;W.1 ~1~iJriJ ~tl ; . ~t 1~'I! IlldI Jllll~i ~ f I , II , I t: -.------- ..----- ,.. -..,." ! ~ . r-- ~_.- j i I i i i I Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 DEVELOPMENT AGREEMENT MODIFICATIONS 1.1.1 The Development Agreement (Inst. No. 105134293) for this property shall be modified as follows: · Exhibit B, Section A, first bullet: ". . . I.fl eelmpliaaee with the Meridian Comprehensi'{e Plan, no curb cuts shall be allowed on Kuna-Meridian Road (SH 69) except for one (I) right.inlrillht-out access to be located on S. Meridian Road. no closer than five hundred (500) feet from the centerline ofW. Overland Road." · Exhibit B, Section J, last paragraph: ". . . Staff finds that no curb cuts or access to Kuna- Meridian Road shall be taken from this site upon development except for one (I) rillht- inlrillht.out access on Meridian Road to be located no closer than five hundred (500) feet from the centerline ofW. Overland Road." · Exhibit B, Annexation and Zoning Comments, under #5, add an additional bullet item as follows: "This site is allowed one right-inlril!ht-out access to S. Meridian Road to be located no closer than 500 feet from the centerline of W. Overland Road. No other accesses or curb cuts shall be allowed to S. Meridian Road." · Attach a copy of the preliminary plat shown in Exhibit A of this staff report as an exhibit in the DA depicting the approved access points for the subdivision. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as P1.0, prepared by The Land Group, dated January 9, 2007, is approved with the conditions listed herein. The Applicant shall comply with all previous requirements of this site associated with AZ-04-031, V AR-05-027, and CUP-06-015, as well as the Development Agreement (Instrument No.1 05134293) in effect for Meridian Gateway. 1.2.2 All future structures on the subject lots shall be required to obtain Conditional Use Permit and Certificate of Zoning Compliance approval prior to building construction. Future buildings on this site shall substantially comply with the construction materials and design elements shown in the elevations attached in Exhibit A of this staff report. Further, all future structures located adjacent to S. Meridian Road shall also be subject to design standard approval per UDC 11-3A- 19C. 1.2.3 Access to S. Meridian Road and W. Overland Road shall be consistent with the approvals of ACHD, ITD, and the City of Meridian. A note shall be placed on the final plat restricting direct lot access to these roadways other than the access points approved with this application. 1.2.4 Landscaping: The landscape plan submitted for this proj ect, prepared by The Land Group, labeled Sheet Ll.O & Ll.l, dated 1/8/07 shall be modified as follows: · Provide a minimum 35 klelt wide laadseape sllff<< alo1'1g 8. Meridian Relaa fir apply for alternative eelmpliance felr a redl-letion in bl;:lffer v:idth where the deeeleration laae .,vill be eOflstructed, as pm':ided for in CUP 06 015. If alternative eompliance is HlfiJl-lested, the applicant ffil-lst elbtaifl approval13rior to submittal of the fiB:al plat. The width elf the bl.:lffer shall be calculated mltside elf any right of ",:ay that ITD ma.y }'CtJHirc fl..kmg S. Meridian RefJtb (The applicant submitted a request for Alternative Compliance to the reauired street buffer width along S. Meridian Road prior to the Citv Council meeting. Staff approved a reduction in buffer width to 31.92 feet for the portion of the buffer that is Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT fOR THE HEARING DATE OF FEBRUARY 15,2007 adiacent to the deceleration lane.) . Upon development of the second building within this subdivision, a 25-foot wide landscape buffer shall be installed along the southern boundary of this subdivision adjacent to the existing residential uses (The first building, Walgreen's, was allowed to be constructed without installing this buffer, per CUP-06-0l5.) Include landscaping for this buffer on the south side of Lots 5 and 6, Block 1, in accordance with ODC Il-3B-9, Landscape Buffers to Adjoining Uses, on the revised landscape plan. . A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC ll-3B- 14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.5 A minimum 35-foot wide (t,lnkss ether-fisc 1'Iledificd thr-augh al/crna/h'c compliance appm;..-al) street buffer is required along S. Meridian Road, except for the portion of the buffer that is adiacent to the deceleration lane as shown on the plat in Exhibit A of this staff report. which was approved throueh Alternative Compliance to be reduced to 31.92 feet in width. and a minimum 35-foot wide street buffer is required along W. Overland Road, as shown on the plat. These buffers shall be depicted on the plat as a permanent easement or included as a common lot in the subdivision and shall be maintained by the Business Owner's Association. 1.2.6 No signage is approved with this application. All signs proposed for this site shall obtain separate sign pennit approval. 1.2.7 A cross-access ingress-egress easement/agreement shall be recorded between the owner of the subj ect property and the owner of the property to the west for the two shared driveways (located in the north, center of the plat and off-site, on the property to the west) to Overland Road and the driveway to S. Meridian Road. All lots within the subdivision should have access to the access points approved in this application. The agreement should also allow for cross-access/parking between the lots within this subdivision. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the fmal plat (see Exhibit B ofthe staff report). 1.2.8 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 1.2.9 Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 1.2.1 0 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. 1.3 GENERAL REQUIREMENTS~PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.3.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as pennitted under UDC ll-3A- Exhibit B CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15, 2007 18. Where the Applicant has submitted a preliminary landscape plan and where Staffhas reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards ofUDC ll-3A-18, then the Applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.3 The Applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.3.4 Any tree over 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. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC ll-6A. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Meridian Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W. Overland Road, and S. Meridian Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall stub sewer and water to the edge of their property, in which ever cross-access is approved. 2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.6 The applicant has proposed a waiver to the pressurized irrigation system required by City Code for this development. Per Meridian City Code 9-1-28, the pressurized irrigation requirement can only be waived if the particular property can prove they have no water rights in an irrigation district. UDC 11-3B-6D requires non-potable water to be used in pressurized irrigation systems when deemed available. Therefore, the applicant shall be required to install a pressurized irrigation system using any existing surface water. If the applicant does not have existing water rights, they shall provide documentation of such to Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007 the City Engineer prior to the City Council Hearing. 2.7 If the City Council waives the requirement for a pressurized irrigation system, the applicant shall be responsible for the payment of well development fees prior to signature on the [mal plat by the City Engineer. 2.8 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this proj ect. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11~3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, a single-point connection to the culinary water system shall be required. If a single.point connection is utilized, the developer will be responsible for the payment of assessments for the corrunon areas prior to signature on the [mal plat by the City Engineer. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any existing domestic wells and/or septic systems within this project shall be removed from 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. 2.12 Per UDC ll-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.13 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 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 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 fujection Wells. 2.14 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.15 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy 2.16 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15, 2007 2.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.18 Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3~feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.23 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design ofthe streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and pennit from Building Department prior to commencing installations. 3. MERIDIAN FIRE DEPARTMENT 3.1 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. 3.2 Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 71" 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 specifications. d. Fire Hydrants shall be placed on comers when spacing pennits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007 3.6 Commercial and office occupancies will require a fITe-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 The 6 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. 3.8 Maintain a separation of 5' from any buildings to dumpster enclosures. 3.9 Provide a Knox box entry system for the complex prior to occupancy. 3.10 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s ). 3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.12 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 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 fITe 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). 3.15 There shall be a fire hydrant within I 00' of all Fire Department connections. 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 4.2 The loading areas shall be separated from all public parking areas. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007 7.1.1 7.1.2 7.1.3 7.1.4 7.2 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 7.2.6 7.2.7 7.2.8 7.2.9 7.2.10 7.2.11 Exhibit B Consult with District Staff regarding improvement construction, access construction, and right-of- way implications due to the fact that the site is being constructed at the same time as the District's Five Year Work Program project on Overland and Meridian Roads. Comply with requirements of ITD for State Highway 44 frontage and access. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building pennit (or other required pennits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. As incorporated in the ACHD Overland Road project abutting this site, access should be approved located approximately 255.feet west ofthe intersection with Meridian Road (right- in/right-out only); AND located at the east property line ofthe adjacent parcel to the west (shared full access with a cross access easement). Aside from the driveways specifically approved with this application, no other access is allowed to Overland Road; and a note of this restriction should be included on the final plat. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL Any existing irrigation facilities shall be relocated outside of the right-of-way. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. Comply with the District's Tree Planter Width Interim Policy. 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. 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 ofIdaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right~of~way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. CITY OF MERJDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15, 2007 7.2.12 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. 7.2.13 Any change by the applicant in the planned use of the property which is the subject ofthis 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 subj ect 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. 8. CENTRAL DISTRICT HEAL TH DEPARTMENT 8.1 After written approval for appropriate entities are submitted, we can approve this proposal for: central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a breeding problem. 9. IDAHO TRANSPORTATION DEPARTMENT 9.1 As of the print date ofthis report, comments have not been received from ITD on this application. Please contact ITD to determine if additional right-of-way or improvements are necessary on SH 69. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007 C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, ofthe Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this fmding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit C