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HomeMy WebLinkAboutGardner/Ahlquist Gateway - AZ-06-065 PP-07-007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER oU;;;~~ '\ ID,...-IO ~, In the Matter of Annexation and Zoning of 22.30 acres from R-l (Ada County) to C-G (General Retail and Service Commercial) AND Preliminary Plat Approval for 11 commercial lots on 19.3 acres in the proposed C-G zone, for Gardner-Ahlquist Subdivision, by Ahlquist Development, LLC Case No(s). AZ-06-065, PP-07-007 For the City Council Hearing Date of: April 24, 2007 (Findings approved on May 8, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 24, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 24, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 24,2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 24, 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. S67-6503). 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 S 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-065 and PP-07-007- PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 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 April 24, 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 S 11-5A 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 Submitted and prepared by Treasure Valley Engineers on January 31, 2007 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 24, 2007 incorporated by reference; and, 3. The following modifications to site specific conditions and development agreement provisions were made at the City Council hearing: 1. Approved one right-inlright-out access to Eagle Road (see V AR-07-007); 11. Approved one right-inlright-outlleft in access to Franklin Road and required the applicant to design and construct the traffic control devices (medians, pork chops, etc.) at the FranklinIMontvue Park intersection to direct traffic movements; 111. Allowed buildings to be a maximum of 100-feet tall without any subsequent approval; IV. Required the applicant to landscape the area outside of the ultimate right-of- way for Eagle Road by either vacating the excess right-of-way, or entering into a license agreement with the transportation authority; v. Required the applicant to construct a lO-foot wide multi-use pathway, lighting and landscaping along Eagle Road that is consistent with the Eagle Road Corridor Study. VI. Required a round-about at the intersection of Louise Drive and Montvue Park Drive to alleviate potential cut through traffic; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-065 and PP-07-007- PAGE 2 of 4 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 ofthe preliminary plat or one (1) year ofthe 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 of the period in accord with 11-6B- 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 final plat or short plat to comply with the current provisions of Meridian City Code Title 11. 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 Final 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 S 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 April 24, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-065 and PP-07-007- PAGE 3 of 4 By action of the City Council at its regular meeting held on the frta.'J ,2007. , B-tb- day of COUNCIL MEMBER DAVID ZAREMBA VOTED~ VOTED ~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: ~ ~~ I SEAL William G. Berg, Jr., ty C erk ~ -y~ ,J:? 2 - ,4", D .... %/ "0 .,. 1S"\; . v:- ,; // '1 -- 'f)'t'" ' Copy served upon Applicant, The PI:riff~~(ln{public Works Department and City I (IIIII 11 \ \ \ \ Attorney. BJ~ ~~ City Clerk Dated: 5.10"01 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-065 and PP-07-007- PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 STAFF REPORT TO: FROM: Hearing Date: 4/24/2007 Mayor and City Council Justin Lucas, Associate City Planner 884-5533 c{,G;;di~\ IDAHO SUBJECT: Ahlquist Annexation/Gardner-Ahlquist Preliminary Plat AZ-06-065 Annexation and Zoning of 22.30 acres from R-l (Ada County) to C-G (General Retail and Service Commercial) PP-07-007 Preliminary plat approval of 11 commercial lots on 19.3 acres in the proposed C-G zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ahlquist Development, LLC, has applied for Annexation and Zoning of 22.30 acres from R-l (Ada County) to C-G (General Retail and Service Commercial) and Preliminary Plat approval of 11 commercial lots in the proposed C-G zone. The applicant intends to develop a large office and retail center on this site that would include several office buildings and some smaller commercial structures. The subject property is located on the southeast comer of Franklin Road and Eagle Road (SH 55) in Section 16, Township 3 North, Range 1 East. This site is composed of multiple lots within the existing Montvue Park Subdivision (Ada County). The site contains various existing homes and associated outbuildings that will be removed/relocated at the time of development. This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION Staff recommends approval of AZ-06-065 and PP-07-007, as presented in the staff report for the hearing date of March 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement and preliminary plat provisions proposed in Section 10. The Meridian Plannin!! and Zonin!! Commission heard these items on March 15.2007. At the March 15. 2007 public hearine the Commission voted to recommend approval. a. Summary of Commission Public HeariD!!: i. In favor: Penelope Rilev. Ron Mortimer. Tom Ahlquist. Matt Bell ii. In opposition: None iii. Commentin!!: None iv. Written testimony: Matt Bell. St. Luke's RMC v. Staffpresentin!! application: Justin Lucas vi. Other staff commentinl! on application: None b. Key Issues of Discussion by Commission: i. - Access to Ea!!le Road ii. -Traffic concerns c. Key Commission Chane:es to Staff Recommendation: i. - Modified condition 1.2.4 ree:ardine: the access to Ea!!le Road to include the statement "Unless approved thrOUl!h a variance bv the City Council" ii. -Stron!!ly supported the proposed access point to Ea!!le Road with the followin!!lan!!ua!!e which was included in the motion "Commission hiehly recommends a ri!!ht-in. ri!!ht-out access on Eae:le Road. We feel it's necessary for traffic flow and safety and viability of the proiect. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 d. OutstandiDl! Issue(s) for Citv Council: i. -A variance application has been submitted for Citv Council review re2ardin2 the access ooint to Ea2le Road (see V AR-07-006). n. -A vacation apolication been submitted for Citv Council review re2ardin2 the ri2ht-of-wav vacation required bv ACHD with this oroiect (see V AC-07- 007). Hi. Staff has concerns about the excess ri2ht of wav adiacent to Ea2le Road. This area could end UP as a "no mans land". The Meridian Citv Council beard these items on Anril24. 2007. At the DubHe hearin!! thev annroved the subiect AZ and PP reouests. .Il. Summarv of Citv Council Public Hearin!!: i. In favor: Penelone..Rilev. Tom Ahlauist. Ron Mortimer. Bob Floto ii. In oooosition:_None iii. Comme.ntimr: Christy Richardson (ACHD) IV. Writt~p. testimony: MattBell (St. Luke's). ACHD. ITD v. Staff oresentinll aoolication: Caleb Hood vi. Other_staff commentinll 011 aoolication: None ~ Kev Issues of Discussion bv Council: i. Acces~ to the site: ii. 1~ndscaoin!! and licl1tinll alonll Bailie Road: iii. Heillht ,ofbuildinlls: iv. Traffic. .t. Council Action: i. Annroved one ricl1t-inlrillht-out access to Ea!!le Road (see V AR-07-007): ii. Aooroved one rillht-inlri!!ht~out/left in access to Franklin ~oad and reauired the aoolicant to design and construct the traffic contrQtdevices (media_ns. Dork choos. ,etc.) at the FranklinIMontvue Park intersection to dir~ct traffic movement~ 111. Allowed buildinlls to be a maximuITI- 9(100-feet tall witQout any subseauent aDoroval: IV. R.emti~-.dJhe aoolicant to landscaoe the 3[~!! outside of the ultimate._right-of~wav for gallle Road bv either vacatinl! the ~2lces"ui2ht-of-wav. or enterinll into aJicense aQ:reement with the transoortation authority: v. Reauired the aoolicant to construct a lO-foot wide multi:llSe oathway. licl1tinll and landscaoimr alonll Eallle Road that is consistent with the Ea!!le Road CorridQLStudv. VI. Reauired a round-about at the intersection of Louise DriYJ:_andMontvue Park Drivf: to alleviate ootential cut throucl1 traffi~~ 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Nmnbers AZ- 06-065 and PP-07-007 as presented in the staff report for the hearing date of April 24, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Nmnbers AZ-06- 065 and PP-07-007 as presented during the hearing on April 24, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Gardner! Ahlquist - AZ-06-065, PP-07-007 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF APRIL 24, 2007 Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ- 06-065 and PP-07-007 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: Southeast comer ofthe intersection of Franklin Road and Eagle Road Section 16, T3N, RIE b. Owner: Artiach Properties, LP 2770 E Franklin Road Meridian, II) 83642 Touchmark ofthe Treasure Valley, LLC PO Box 1355 Meridian, II) 83680 Note: For a complete list of property owners please see the project fIle c. Applicant: Ahlqusit Development, LLC 1263 West Wickshire Court Eagle, II) 83616 c. Representative: Penelope Riley, Treasure Valley Engineers d. Present Zoning: Rl (Ada County) e. Present Comprehensive Plan Designation: Commercial f. Applicant's Statement/Justification: "The applicant is proposing a mixed use development targeted towards high end users. The proposed uses include shopping, restaurant services, general office, and medical office." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 26th, and March 12th, 2007 (Planning Commission), March 26th, and April 9th, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: February 16th, 2007 (Planning Commission), March 23rd, 2007 (Citv Council) e. Applicant posted notice on site by: March 5th, 2007 (Plarming Commission), April 7th, 2007 (City Council) Gardner! Ahlquist - AZ-06-065, PP-07-007 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 6. LAND USE a. Existing Land Use(s): Single family rural residential b. Description of Character of Surrounding Area: This site is surrounded by various uses and zoning designations. Of note, are the St. Luke's Regional Medical Center to the south, and the RC Willey complex to the north. This area is rapidly transitioning into one of the city's largest and most visible business and retail areas. c. Adjacent Land Use and Zoning 1. North: Franklin Road and RC Willey Building, zoned C-G 2. East: Touchmark Living Center, zoned L-O 3. South: St. Luke's Regional Medical Center. Zoned L-O 4. West: Eagle Road, Offices, and homes, zoned L.O and R.2 (Ada County) d. History of Previous Actions: The subject annexation application originally included a larger area than currently proposed. For various reasons the applicant chose to shrink the annexation area to what is currently proposed. While revising the annexation area the applicant also included the proposed preliminary plat application for the property. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This property is proposing sewer from mains in Franklin Road. Location of water: There are currently water mains in Franklin and E. Louise Drive. Issues or concerns: None. 2. Vegetation: There are some existing trees on the site that may need to be protected or mitigated for. 3. Floodplain: N/ A 4. Canals/Ditches Irrigation: The Snyder Lateral courses through the subject site in an east/west direction. 5. Hazards: N/A 6. Proposed Zoning: C-G 7. Size of Property: 22.30 acres f. Landscaping: 1. Width of street buffer(s): Per the Future Land Use Map, both Franklin Road and Eagle Road are designated as "Entryway Corridors" adjacent to this site. As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan (Sheet Ll) proposes a 35-foot wide buffer along both Franklin and Eagle Roads, except along Eagle Road where the right of way dips significantly into the site. Landscape buffers along streets should be either placed in a separate common lot or a landscape easement outside of the ultimate right of way line. 2. Percentage of site as open space: The UDC does not require open space or site amenities for commercial developments. 3. Other landscaping standards: Landscaping within the proposed parking lot areas should be constructed in compliance with UDC 11-3B-8. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRJL 24, 2007 g. Proposed and Required Non-Residential Parking: One off-street parking space is required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading areas (per UDC 11-3C.S). No buildings are proposed with the subject application. Staff will monitor the square footage of each building as it is submitted for CZC approval to ensure that adequate parking is provided. h. Summary of Proposed Streets and/or Access: The concept plan submitted by the applicant shows three points of public street access into this development. The fIrst public street access is proposed directly from Eagle Road (SH 55). This access to Eagle Road currently exists as Montvue Drive, which acts as the primary entrance in to the Montvue Park Subdivision. The second proposed public street into the site is proposed from Franklin Road which borders the subject property to the north. The third public street access is the extension of East Louise Drive which currently stubs to the subject property from the east. These access points and other access issues are discussed at length in section 10 of this report. Although City Staff has been in contact with ACHD on this project, as of the print deadline for this report ACHD has not submitted official comments back regarding this application. 7. COMMENTS MEETING On January 12, and February 23,2007 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Conunercial" The Comprehensive Plan defmes the Commercial district as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi.family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus conunercial activities unique to their locations. These zones may include neighborhood conunercial uses focusing on specialized service for residential areas adjacent to that zone." The applicant is requesting to rezone this property to C-G, which is consistent with the comprehensive plan designation for this area. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): · Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) 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 proposed to be annexed in the following manner: . The subject lands currently lie within the jurisdiction of the Meridian Rural Fire Department. Department, who currently shares resource and personnel with the Meridian Rural Fire Department. . The lands currently....The lands will be serviced by 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 the Idaho Department of Transportation (ITD). This service will not change. Gardner/Ahlquist - AZ-06-065, PP -07 -007 PAGE 5 CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 . The subject lands are currently serviced by the Meridian School District #2. This service will not change. . The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. . Plan for a variety of commercial and retail opportunities within the Impact Area. (Chapter VII, Goal I, Objective B) Stafffinds that the site is designated Commercial on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of office and commercial opportunities will be provided on this site. . Encourage appropriate land uses along transportation corridors. (Chapter VII, Goal I, Objective D) Staff believes that the proposed development is appropriate along the adjoining transportation corridor (SH 55). This development project will be highly visible and help to define the entrance to the city. Access the SH 55 is discussed in greater detail below. . Ensure the ease of mobility of people and goods by implementing access control measures on major transportation corridors. (Chapter VII, Goal III, Objective A, Action 1) As currently proposed the existing access point to SH 55 remains as part of this development. Staff is concerned that this access point does not conform to the UDC and may cause increase traffic issues in this area. Staff support of this project is based on the removal of this access point to the SH 55. . Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct 35-foot wide street buffers along the adjacent arterial streets (Franklin Road and Eagle Road). By Ordinance, a minimum 35-foot wide landscape buffer along entryway corridors is required. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the pennitted, accessory, and conditional uses in the C-G zoning district. Retail stores, offices uses, and service~based industries are either principally or conditionally pennitted uses within the C-G zone. 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application: Please see Exhibit C for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (prepared on January 12, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Concept Plan: The applicant submitted a conceptual site plan that has various elements. To begin, the concept plan proposes approximately 212,000 square feet of office space, which is distributed among four large office buildings. The largest office building is proposed at five stories and 100,000 square feet. The concept plan also shows approximately 18,000 square feet of retail space spilt between three separate buildings. Along with this retail space the applicant anticipates to locate a 30,000 square foot hotel on this site. Staff is very supportive of the focus on office space over retail at this location. The proximity to St. Luke's Regional Medical Center makes this an ideal area for medical office buildings and other professional users. Staff is also supportive of the retail element of the proposal which will help to support the high daytime population that will be present with the amount of office space proposed. Also included in the concept plan is a redesigned street network in on the subject property. This proposed street network eliminates much of the existing loop road, Montvue Drive, and creates a more direct east-west and north-south circulation pattern through the site. This new circulation pattern and intensification of use in this area raises some important access issues. These access issues are of such importance that staff does not fully support the conceptual street system as shown on the concept plan. Further discussion ofthese access issues is found in the preliminary plat analysis below. Design: This site is located in a very visible section of the city and has the potential to become one of the city's most recognizable features. The importance of this location makes quality design essential. The applicant has submitted conceptual elevations for both the office and retail portions of this development. Staff has reviewed these conceptual elevations and believes they are high quality buildings. To ensure a minimum design standard, and as required for development along entry way corridors, all buildings in the development should be subject to administrative design review as defmed in UDC 11-3A-19. Staff also believes a minimum of 11 buildings should be required on this site to ensure that a variety office and retail space is provided. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-5B-IA). To ensure that all of the provisions in the development agreement (see below) are complied with, Staff will require the applicant to obtain CZC approval from the Planning Department prior to site development, where all site and landscaping improvements must be installed prior to occupancy. Development Agreement: UDC 11-5B- 3D2 provides the Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed uses and the visibility of this site, staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of annexing this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888.4433 to initiate this process. The DA shall include, at minimum, the following: Gardner/Ahlquist- AZ-06-065, PP-07-007 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 . All future uses shall 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. · All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. . The applicant shall be responsible for all costs associated with sewer and water service installation. · The following shall be the allowed uses on this property: Permitted and accessory uses within the C-G zone. All conditionally permitted uses in said zone shall be subj ect to CUP approval. · The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department for all new construction on the subject property. · The site shall develop generally consistent with the submitted concept plan and shall include between 200,000-300,000 square feet of office space, 30,000-50,000 square feet of retail space and a 20,000-40,000 square foot hotel. A minimum of 11 buildings shall be required on this site. No single building shall exceed 125,000 square feet. . All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application. All buildings shall also be subject to the city's Administrative Design Review. The annlicant shall be allowed to construct ~ to 100- foot tall buildinlls without alternal~...QQI111;2liance or conditional use nermit annrov'll . Pedestrian crossing shall be provided in the locations shown on the concept plan and shall be differentiated fonn other driving surfaces by the use of brick, colored/scored concretes, or pavers or by other means approved by the transportation authority. · lhe."JlDJ2licant shall construct a round-about at. the intersectioLoJ Louise Drive and Montvu_e__~LLDdve .10 alleviate__pQJential cut throul!h traffic OltJ:2rovig~_ _a=(;i!y~ approved alterilatiye desil!n for the internal street!'!, . The buildings shown on the concept plan directly adjacent to Eagle Road and Franklin Road shall have architectural elements and enhancements consistent with the submitted elevations on all facades that face Eagle Road and Franklin Road. . Locate a minimum of two buildings abutting the landscape buffer along both Eagle and Franklin Roads as shown on the concept plan. . All access points to Eagle Road (8H 55) shall 1:11.3 abaRdoRed. No aeeess shall be take from Eagle Read (SH 55). Construct a maximum of one ril!ht-inlricl1t-out access noint to Eal!le Road: coordinate the desilID and construction of the access noint with ACHD and .lID. · The annlicant shall construct c'" maximum..of one ricl1t.inlricl1t-out/left.in access noint to Franklin Road. The annlicant shall be .resnonsible Jor the formal lavout. desilID and construction ofthe raised island{sVdevices necessarY to control traffic movements for the Fran.klin.RoadLM~mtvue Drive access. as reauired bv ACHD. . The applicant shall eitheL vacate and/or exchange all right of way for Eagle Road that is not necessary for the road, as defined by the transportation authority._DR....rotecint<La license ~J?;teement with the transnortation authoritv to landscane ~he surnlus p..,ght-of-wav. . A continuous 35-foot wide landscape buffer shall be constructed adjacent to Eagle Road and Franklin Road. . The annlicant shall be resnonsible for the construction of a lO-foot wide multi-use nathwav (with a nublic use easement) aI).d the installation of street lil!hts and landscaninl! alonl! E;;ll!le Road (StI 55) that this consistent with the Eal!le Road.ColTidoL.S1udv. . Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 · The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. 2. Preliminary Plat Application: After compliance with the conditions listed in Exhibit "B", Staff believes that the proposed preliminary plat will substantially comply with the Unified Development Code. Special Considerations: Access: Access to this property and connectivity in this area of the city is an issue of extreme importance for this project, especially when the size and visibility of this proposal is considered. There are only two points of public access that exist into this site. The first is Montvue Drive, which is a public street connecting to North Eagle Road (SH 55) that serves the existing residential subdivision. The second is an existing stub street, East Louise Drive, that is extended to the property from the Touch Mark Living Center to the east. As part of this project the applicant is proposing a third point of public access be added from Franklin Road. The applicant also proposes to tie into the existing access point to St. Luke's Drive in southeast comer of the property. St. Luke's Drive is a private street owned and maintained by the Hospital, as such St. Luke's controls access to this street. After reviewing the proposed circulation system for this project staff has identified two main issues that are described in detail below. . Access to Eagle Road (SH 55): Although there is an existing access point to SH 55 (Montvue Drive) that serves this property, UDC 11-3H-4 clearly states that "Use of existing approaches shall be allowed to continue provided that all of the following conditions are met: a. The existing use is lawful and properly pennitted effective September 15,2005. b. The nature of the use does not change (for example a residential use to a commercial use). c. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). Staff believes that both the nature and intensity of the use on this site (residential use to a commercial use) are changing significantly. Furthermore the proposed access point to SH 55 is not located on or near the section line road or the half mile point. Due to the access control measures for state highways defined in the UDC staff does not support the applicant's proposal to preserve the existing access point to SH 55 that serves this property. All access to SH 55 should be abandoned with this application. (Note: Staff has discussed this issue at length with the applicant and anticipates that the applicant will submit a variance application to be considered by the City Council to request that the access to SH 55 be allowed.) . Franklin Road Access: Due to the proximity of this site to the Franklin/Eagle intersection both the Police and Fire Departments have expressed safety concerns over allowing a full access point in to this property from Franklin Road. The police and Fire Departments are requiring that the proposed Franklin Road access be limited to right in, right out only to mitigate any safety issues in this area. Public Street RealignmentN acation: As part of this development the applicant is proposing to realign a large portion of the existing Montvue Park Drive public street and create the street system that is proposed on the preliminary plat. In addition to the access issues described above that need to be resolved, the applicant should also be required to vacate any portion of the public right of way that will not be used for the new street system. Gardnerl Ahlquist - AZ-06-065, PP -07 -007 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24,2007 It is staff s understanding that the applicant intends to perform a right of way swap with the necessary transportation authorities to facilitate the realignment of the Montvue Park Drive street system. Staff is generally supportive of this swap, but is specifically concerned with what properties are being exchanged/vacated and the western boundary of Lots 3 and 4, Block 1 that currently abuts public right of way and that is used for the existing access point and frontage road that serves the homes with in the Montvue Park Subdivision. Due to the design of the existing frontage road, this right of way extends approximately 170 feet from the centerline of Eagle Road (SH 55) which is not consistent with the 70 feet from centerline that is established along the rest of this portion of Eagle Road (there is approximately 100 feet of surplus right of way). According to the submitted preliminary plat it appears that the applicant plans to vacate approximately 60 feet of this right of way, leaving approximately 110 feet of right of way from the centerline of Eagle Road. This remainder right of way is 40 feet greater than the 70 feet from centerline that is necessary for Eagle Road. Staff is concerned that this extra 40 feet of right of way will function as a "no mans land" that will remain with out landscaping and uncared for. To avoid this unwanted situation, staffbeiieves that the applicant should vacate all portions of the public right of way along the western boundary of this subdivision that are beyond the required/ultimate right of way, as defined by the transportation authority. NOTE: City Staff has contacted ACHD and ITD staff several times regarding the street system for this project. ITD has provided comments, but ACHD has not provided a final staff report regarding this project. Once the comments from ACHD are received, they will be added to the staff report conditions in Exhibit B. The applicant should comply with all ACHD and ITD conditions or requirements. Landscaping: Staff is generally supportive of the proposed landscape plan prepared by Edwards Landscape Architecture, labeled Sheet L1, dated 1/15/06, with the following reVISIons: . UDC 11-2B requires a 35-foot wide street buffer along entryway corridors. Both Franklin and Eagle Roads are entry way corridors abutting this site. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along both Eagle and Franklin Roads except adjacent to Lots 3 and 4, Block 1 which border the unique right of way area described in the section above. Staff believes that the applicant should be required to provide the required street buffer along the entire western boundary including adjacent to Lots 3 and 4, Block 1 to ensure that a consistent street landscape buffer is provided in this area. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots (UDC ll-3B). All required landscape buffers shall be exclusive of the ultimate public right-of-way and conform to the design and construction requirements of UDC 11-3B-7. . Chapter 2 of the UDC requires a 10- foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive, which are local commercial streets. The applicant should be required to depict the required local street buffers on the face of the final plat in an easement or place the required buffers in common lots (UDC 11-3B). All required landscape buffers shall be exclusive of impervious surfaces and conform to the requirements ofUDC 11-3B-7. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Gardnerl Ahlquist - AZ-06-065, PP-07-007 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Landscape Buffer Between Uses: Usually a landscape buffer would be required between the proposed commercial uses and the residential uses to the south. Staff does not believe this buffer is necessary in this instance because the land to the south is designated commercial on the Comprehensive Plan Future Land Use Map. It is also staffs understanding that the applicant is in the process of taking ownership of the remaining residential areas to the south, and plans to convert these properties to commercial development; similar to the whit is currently proposed. Ditches, Laterals, and Canals: The Snyder Lateral traverses through this property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). 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 used, 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 City Code. Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the fmal plat (UDC 11-3A-7). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fencing should be installed in accordance with City Code. See Exhibit B below. Refuse/Service Area Screen: The submitted, landscape plan and preliminary plat do not depict where the refuse/service areas will be. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. All future CZC applications should clearly demonstrate how this standard is met. Staff Recommendation: Based on the above analysis, staff finds the Preliminary Plat application generally conforms to the Comprehensive Plan policies and UDC standards. Staff recommends approval of AZ-06-065 and PP-07-007 with the Conditions listed in Exhibit B of the Staff Report for March 15, 2007 and subject to the development agreement provisions listed in Section 10. The Meridian Plannin!! and Zonin!! Commission heard these items(s) on March 15. 2007. At the March 15. 2007 public hearin!! the Commission voted to recommend approval. On Aoril 24. 2007. the Meridian City Council voted to aDD rove the subiect aoolications. Gardner/Ahlquist - AZ-06-065, PP -07 -007 PAGE 1] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 11. EXHffiITS A. Drawings 1. Preliminary Plat (dated January 31,2007) 2. Landscape Plan (dated April 5, 2006) 3. Conceptual Site Plan 4. Conceptual Office Elevation 5. Conceptual Retail Elevation B. Agency Comments and Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Ada County Highway District (forthcoming) 7. Idaho Transportation Department C. Legal Description D. Required Findings from Unified Development Code Gardner/Ahlquist - AZ-06-065, PP-07 -007 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24,2007 A. Drawings 1. Preliminary Plat (Dated 1-31-07) aM'f~ lUMt " .1.D1OO101j1 l'IoD\I.., mlI allCI!:I .r.IO:t,'l..61H:J.!i1ii1J: i::i 401'~11' * I ~ l.II/~1/1 &11 't' ~ :tJ.VQ AS 'oN C..'-It'g-gDl5I'''OI1<i1 'It~. r1M'f11;1' 'nlWi .~" iIlM)j;:nlll"" ~'t.1 .ar:nlld'O~O l.Sln01l-1Y ::UilO'lwa/llK.ll'.li'I foro~f:..,~~J.,.;~_ ~U'J1ND:I .t:IV4II.I Rl"* "'~ IlN\l i1:.la'MlI;l)~D;I.u;.~ li1l1U.':'~ .I:IZl'~" ~ ~ '-< q",:.; r::q ~ 0; ;::);.;"' 9SJ VJ '" ~Q I ~ ~ '" ::>-. 5i:j~ ' ~ ~:i~ ~~ 15"~ j ... ~ ~~8 ~ ~M...: ,..~ ~:o::~ p-,: -....;.J v.! .... ~u:.i 1ij E.....dlel~ _ a tfJ ~{.~ . g; b $if" 8 ~ Iml) ~ !;j~~ 1~ :::r.:: ~ ~ /, ~ ~~ I 0.... 0;:; .., '" ~ q 0;:; C1J II In i I i Id.!Lh1rif h . f 1 I I !~ is , !u5U..i.i;;nhl i I I h II ~ I ; hhn hmlmiumuli Ii ! I 5 Ii f Iii I J ~l Hi 11:IIIIIII,jllll'j i ~:: I :,::: ,':','/'"iIIl'! I -fof01 ;11 .. ...~. . .. I,1I IIII I \, I , j ~ ~ d ".<_d~.~ OM; I!l! '"- -." ~ Ii .::!i !i!l -1!g~~dH! Hdll~n. aDt ~ j Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 2. Landscape Plan (Dated 1-15-07) @ t;;2 (;> r m ID o ~ f\~ Q d Oi ~ ! e---------------" i I I i I @ i i i i : -, .:... "" -- ,- -:..:r . _ . I,H~ i!~". .: IU!I!~ ~.....: ., ~ jl';! I'i! If~ ll~ Iii} !l~ liH I,ll .II! llIi HI' ihi If! !!llllljilliilll!iiil!I~lii ~ I~ I II Ii lil!!il- l!~ ~ Illi il iliJ!D; ~illiil ~ ~ it !! 21St; I i" ,! · ~ I s~ I ~ii:= I ~~ ~; ~ ~ ~ ~ iliffi rn R ~ ~ " i ::l 1,; ,;i~' o~I"~ ~ II i ~ Exhibit A @ e ~ '"' w 8 .t i: @ ~ Ii i . @QB=I m~ !lI!~IlIl!~ ~ lil~ '111~1!!!I~ ~ l~ I~ i~ l!iI~ ~ ~ j~ ,,<:n l~ ~ ~ ~ ~ '" z ~5 I ' I ~ dl l ~ . !l -=00 i i " . II l iiI I . I' ' i i .. I ~ !! ;j ~ i i-f h!~ ,,-..II 'li~ Q. . i~!h~ 1(1 JI~... .. IIU~ ~'" !' - I i r . I { I ~~~~ ~ ~'O~~ ~ ~~~i ~ :;J -'~u'~~>'> is ~ r~ ~~~ \~:;';r,:T;:;;:Yl @ ~ ~ 'll ~~ -~ ~ cJ1"l Of ,."RIll,^" p1fi1"l'l"G llfl' AR""",,1 51 tJ'f FJCPOR1 fOR TIl" ""^",,,G llA 111 Of APRIL 24, 2001 3. conceptual Site 'Plan ~I' it ~ ~w,~ ?~.~ .-.-- Exhibit p.. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24,2007 4. Conceptual Office Elevations Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 5. Conceptual Retail Elevation .. '"""'f' .. . ..... ..... Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 B. Agency Comments and Conditions 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on February 6,2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement with the City. See section 10 above for analysis and provisions that shall be included in the Development Agreement for this site. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 All comments and provisions of the accompanying AImexation and Zoning application (AZ~06- 065) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-007). 1.2.2 The landscape plan prepared by Edwards Landscape Architecture, labeled Sheet L1, dated 1/15/06, is approved with the following revisions: . Construct a 35-foot wide street buffer along the entire frontage of Franklin and Eagle Roads. All required landscape buffers shall be exclusive of the ultimate public right- of-way and conform to the design and construction requirements of UDC 11-3B-7. . Construct a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive. All required landscape buffers shall be exclusive of impervious surfaces and conform to the design and construction requirements ofUDC 11-3B-7. · A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are pennitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 Graphically depict on the face ofthe final plat a 35-foot wide landscape buffer along Franklin and Eagle Roads. Graphically depict on the face of the plat a 1O.foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive. Said buffers shall either be an easement or within separate common lots. 1.2.4 Unless apPf-oved throwcli a variaflee by the City CmmeiI. prior to the sigRat\:H'e of the fiaal plat, all aeeess to Eagle Road (8H 55) shall be abandoaed. The access point to Eagle Road shall be removed and replaeed with the req1:lired landseape lmffer restricted to ri2:ht-inLri.cl1t:.o.:ut onlv. Place a note on the face of tl!.e fi.pJl!.R1~Lre~tr:ictin2: access to Ea2l~~ 1.2.5 Construct a maximum of one access ooint to Franklin ..Road. Said access shall be restricted to ri2:ht-in/ri2:ht-ou!/Jcl't.in onlv. Place a note on the face of the final nlaLr!l.sJriJ'1iM access to Franklin Road. Exhibit B 1.2.6 1.2.7 1.2.8 1.2.9 1.2.10 1.2.11 1.2.9 1.3 1.3.1 1.3.2 1.3.3 1.3.4 1.3.5 Exhibit B CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 The aoolicant ~hall construct.a..round-about at the intersection of Luui~~ Drive and M01!twe Park Drive to alleviate ootential cut throulIh traffic OR orovide a citv-aoDfoved altematiye desilffi for the internal stree:Ui. The aoolicant shall construct a lO-foot wide multi-use oathwav (with a oublic..Jl.s..lUdlsement) ang install street li!!ht:,:umd landscaoin!! alon!! Ea!!le Road (SH 55) that this consistent with the Ea2k Road Corridor Studv. Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the internal public streets and any public utility or drainage easements that do not coincide with the proposed preliminary plat. Prior to signature of the fmal plat by the city engineer the applicant shall vacate all portions of the public right of way along the western boundary of this subdivision that are beyond the required ultimate right of way necessary for Eagle Road, as defined by the transportation authority.....Q_R enter into a license alITeement with the_1[aIlSPm1ation authoritv to landscaoe tluLs.uJILllls ri!!ht-of- ~. All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 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 construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Prior to the issuance of a building pennit, the subject property shall be subdivided, as proposed. GENERAL REQUIREMENTS-PRELIMINARY PLAT Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A.11. 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 fmal 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. A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The applicant shall submit a fencing plan with the fmal plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 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. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Franklin 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 Franklin Road and E. Louise Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Due to the possible fire flow requirements, mains shall be upsized to a minimum of 10-inch from the connection in Franklin to the connection in Louise Drive, with an upsized stub to one of the stubs to the south that would eventually connect to the 12-inch main to the south of this subdivision in St. Luke's Street. 2.4 This property is on a pressure zone boundary, therefore a Pressure Reducing Valve/Vault shall be installed at the applicants expense in a location to be coordinated with the Public Works Department. 2.5 With the final plat submittal the construction plans shall show to every lot either a service installed or main fronting it. 2.6 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. 2.7 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). 2.8 A pressurized irrigation system using existing surface water shall be required per City Code. 2.9 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 project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be Exhibit B CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 submitted prior to scheduling of a pre-construction meeting. 2.10 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 common areas prior to signature on the final plat by the City Engineer. 2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.12 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. 2.13 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. 2.14 Per UDC 11.3A-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. 2.15 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. 2.16 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 2.17 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. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Envirorunental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 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. 2.22 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. 2.23 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. 2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the 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 determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. 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 of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 'l2" 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 permits. 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 ofthe 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 proj ect. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 3.5 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,0001bs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 For all Fire Lanes provide signage "No Parking Fire Lane". 3.7 msure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.8 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. 3.9 Commercial and office occupancies will require a fire-flow consistent with the mternational Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The various office/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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF APRIL 24, 2007 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. 3.11 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 ). 3.12 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898.5500 to address this concern prior to the public hearing. 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 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). 3.15 There shall be a frre hydrant within 100' of all fire department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.17 Emergency response routes and frre lanes shall not be allowed to have speed bumps. 3.18 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of frre apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.19 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.20 Due to public safety concerns the Fire Department recommends a right in, right out only access to Franklin Road. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.2 Due to public safety concerns the Police Department recommends a right in, right out only access to Franklin Road. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11- 3B-1 0) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 All of the identified roadway and transportation mitigation proposals in the submitted Traffic Impact Study are either not in any public agency plans to construct (ACHD & ITD) or proposed by the applicant to be constructed. Therefore, the impacts of this development cannot be adequately mitigated and surrounding intersections will not operate at an acceptable level of service. 6.2 Comply with requirements of ITD and City of Meridian for the Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District ill Traffic Engineer at 334-8340. 6.3 Dedicate 60-feet of right-of-way from the centerline Franklin Road abutting the site. 6.4 Construct the internal streets as a 40-foot street section with two 20-foot travel lanes, vertical curb, gutter, and 5~foot concrete sidewalks within 54-feet of right-of-way, as proposed. 6.5 Construct one temporary turnaround on lot 2, as proposed. 6.6 Submit a vacation application for the existing right-of-way on N. Montvue Drive to be vacated or exchanged. If the vacation/exchange is not approved by the District through the separate process, the applicant will be required to improve the existing roadways to current public street standards. 6.7 Construct one roadway (E. Louise Drive) to intersect Eagle Road located approximately 200-feet north ofthe south property line (measured property line to centerline). 6.8 Construct one roadway to intersect Franklin Road located approximately 360-feet west of the east property line (measured property line to centerline). Design and install a median to construct on Franklin Road that will restrict this roadway to left-inlright-in/right-out only. 6.9 Other than the access specifically approved with this application, direct lot access is prohibited to Eagle Road and Franklin Road and shall be noted on the final plat. 6.10 Comply with all Standard Conditions of Approval. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24,2007 7. IDAHO TRANSPORTATION DEPARTMENT (PER A LETER RECEIVED JANUARY 22, 2007) Dear Zoning Administrator, I.T.D.s comments dated January 6, 2q07 prompted a meeting with the developer and their engineers. At the meeting that was held on January 19" the main discussion was to leave the Montvue Drive access in place to function as a right in right out access.! The T.I.S. showed how the ac.ocss could help reduce the delay at the St Lukes signal. I. T .D. is agreeable 19 leaving the access and have the developer increase the existing 20 curb radius to a minimum of 30 feet. Other than the curb radius we have no comment on this application.. j Any wed; done on the State Right ofjway will require a p~nnit.l'ermit applications are available from this office or the maintenance office in C:r.cade. Please have the applicant contact Matt Ward at 8150 Chinden Blvd. 83714 in Boise or call (208) 33~-8341 to obtain Ii permit application. ; i If you have any questions please call ~ Strough at 334-8924. Exhibit B CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 C. Legal Description IJ~VAlJE{~~ ~ CIVIL AND srJ/ucrURAL ENGINEMING EXHIBIT A Annexation Description Rev. C For Ahlquist Development Job No. 06320 February 6, 2007 A portion of the NW1/4 of Section 16, T3N, R1E, B.M., Ada County, Idaho, as follows: BEGINNING at found Brass Cap monument marking the Northwest Corner of said Section 16, as shown on Corner Perpetuation Record, Ins1. No. 99007475, Ada County Records; thence along the North Line ofsaid Section 16, South 69020'11" East, 1015.45 feet, to a point on the East Line of Montvue Park Subdivision, extended north to said Section line, as per the plat thereof, in Book 17, at Page 1107-1108, Ada County Plat Records also being a point on the West line of Touchmark Living Center Subdivision No.1, in Book 89, at Page 10313-10316. Ada County Plat Records, also extended north to said Section line; thence along the boundaries common to both said subdivisions, South 00011'43" East, 1111.19 feet, to the southeast corner of lot 1, Block 5, of said Montvue Park Subdivision; thence along the South Line of said lot 1, Block 5 and beyond, North 89'14'00" West, 207.40 feet, to a point on the Centerline of E. Montvue Drive, as shown on said plat of Montvue Park Subdivision; thence along said Centerline, North 00012'19" West, 119.58 feet; thence North 89030'09" West, 199.73 feet, to a point on the line common to lots 1 and 2, block 4 of said plat of Montvue Park Subdivision; thence along said common Line, North 00012'19" West, 16.12 feet; thence North 89030'09" West, 200.23 feet, to a point on the Centerline of W. Montvue Drive, as shown on said plat of Montvue Park Subdivision; thence along said Centerline, North 00012'19" West, 122.02 feet, to a point on the line common to lots 9 and 10, in Block 5 of said Montvue Park Subdivision, extended east to said Centerline; thence along said extended Line, North 89'30'24" West, 179.37 feet, to a found 1/2 inch rebar marking the corner common to lots 6,7,9 and 10 of Block 5 in said Montvue Park Subdivision; thence along the line common to said lots 6 and 7, Block 5, and extending westerly, North 89'30'07" West, 226.03 feet, to a point on the West line of said Section 16, being coincident with the Centerline of S. Eagle Road; thence along said West line, North 00022'14" West, 855.49 feet, to the POINT OF BEGINNING. Containing 971,520 square feet, or 22.30 acres, more or Jess, and subject to any easements or rights of way of record or otherwise existing. ~1Ii>.1. kE~1 _ 8'( _ "AN puS\..1(; ~!,t.~i~.l . D~F"T. \!,,;,~ ~....'y,5 P:\AHLQUIST DEVELOPlAhlqui,t Development MeridianIDr.wing,\SurveyIDe'.tiption,\06320 ANNEX reve De,..doc Treasure Valley Engilleers, IlIc. 1204 6TH Street North Nmnpa, Idaho 83687 Oflice: (208) 463-0305 Fax: (208) 463-4391 www.Tr~asllreV alleyEngineers.coll1 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24,2007 I\~f.ki~~~~ wOi'i:mi- INST. 140,99007475 ;7' ,96 ST~:~~____.!.;.~~A~I~_ R'~~~:-45~~::~~--~~~~--~__-----;"___-0 I ..---d--.-J.:--..-t-..-..p---..=-----.. __ ___ '690.80 II i ~~-I -- _ ---,--- ~I - :1- -.. -'r'-"-- I ~~.C~::S~CAP : lL> - iE'I I i I cP&F IN5T. I I I : @ I IdI : @' a> - : I No_8309298 I : r-----..--L- - I I , I I I ! : -'-J...__._+. i SLoeor.. I@I: I I I @ '- '. m I I hL '_ '\ .~ '-" t.I":~t ~6~or..! I rt:+~-_ -"_. : @ ~~~\"'S\ ~ ,'01 I I I - '-";::::-"-~~ba-l 5:f1. ~p.~: I . I I - ._"..~...... sooVi -..J I ! I I m\.,ocor.. '2.!, 'St.. I ,... - I t..( _.. IS! 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I I~ PoC sT... _7..37 U Ll--"- .._..L Ne9~B'4i;w-L-..-d-.._.1.011..7;._--i.....--..-.---J II I: ~ea'PGtH F::v lENGtH E:i~ ~ ~C:lU ANNEXATION AREA I 22_30 ACRES:i I 971,520 SQ. FT.:i OWNER/OEVELOPER: HLQUIST DEVELOPMENT REV C EXHIBIT B '" ... :H en ~ ~ ~ o z PROJECT: ANNEXATION MAP NW1/4, SEC, 16, T3N, R1E, 8,M, CITY OF MERIDIAN, ADA CO., IDAHO A ~VIDEi~ TREA,SUR~ VAI,.L,t;:Y~NGJNEeRS.INC:. 1204 6th STREET NORTH NAMPA. IDAHO 83681 ~";:':\;\t,.!i (208)463-0305 S'\r:>J\ FAX (2Oa) 463--4391 ~ i\"\,' . maif@TVEinc.com ENGfNEERS-PLANNERS-SURVEYORS VISfT OUR ~B SfTE: www.TVEinc.com 2/6/07 Exhibit C f"') (:l ~;:;) Z .0 > o~ :J Zw :.::f5zt:l a:~Q~ ~w~ ' XO_Cl o 011) ::> OJ:.:: o ::>0 I- (/)0 OJ 1"=200' OWG # 2057-06 PROJECT * 06320 SHEET 1 OF 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all ofthe subject property to C-G. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; If the applicant complies with the conditions outlined in the development agreement, the Council fmds that the proposed commercial district will be in compliance with the specific district regulations. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when detennining this fmding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fmds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The C-G zoning amendment will provide commercial area that is similar in nature to existing and proposed commercial/office development in the vicinity. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, The Council finds that Annexation and Zoning of this property to C-G would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 2. 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 fmds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the 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 are 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 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 Cormnission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this fmding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Cormnission 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. The Cormnission and Council find 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 Cormnission 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 D