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HomeMy WebLinkAboutFindings J ~~ MERIDIAN PLANNING & ZONING MEETING: December , 1999 APPLICANT: W.H. MOORE COMPANY ITEM NUMBER: 9 REQUEST: ANNEXATION AND ZONING OF 10 ACRES FROM RT TO LO FOR PROPOSED MAGIC VIEW OFFICE COMPLEX AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO PbWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: SEE STAFF COMMENTS f- . ~y Yp' T" G~~~ VQ ~° V OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. `,~ ~~' b !rb Q ~~ • • ~_ Facts and Findings: ra ~~ A. General Information r! ~~ Owner - W.H. Moore Applicant -Bill Strite, BRS Architects RT -Existing zoning LO -Requested zoning 8.0 -Acres 4 -Proposed buildings 107,000 -Square feet of proposed buildings '~ 283 -Traffic Analysis Zone (TAZ) _;, ~ West Ada -Impact Fee Benefit Zone ~ Western Cities -Impact Fee Assessment District Nta}ic View Drive Local commercial street with no bike lane designation Daily traffic count 5,600 on 8/14/96 west of Eagle Road Daily traffic count 200 on 8/14/96 west of Jackson's Texaco -„~ 780-feet of frontage =- 50-feet existing right-of--way (25-feet from centerline) 58-feet required right-of--way (2.9-feet from centerline) ~, Magic View Drive is improved with 20-feet of pavement with no curb, gutter or sidewalk. St. Luke's Road Collector road with bike lane designation No traffic count available 800-feet of frontage 0-feet existing right-of--way (25-feet from centerline) ."O"' 64-feet required right-of--way St. Luke's Street has been improved as a 46-Foot street section between Eagle Road and the ., site's eastern property line with curbs, gutters, and sidewalks. .~ Eagle Road Principal arterial with no bike route designation Daily traffic count of 44,882 south of Niagic View Drive Plannin; Threshold is 40,000 ADT 0-feet of frontage ~--~ -~ Eagle Road is improved with five traffic lanes with no curb, gutter or sidewalk. This segment ,, ~ of Eagle Road is under the jurisdiction of the Idaho Transportation Department. ~., . ~fAZ99-0022.cmm Pase 2 r_ ~ B. On November 29, 1999, the District Planning and Development staff inspected this site and ::",, evaluated the transportation system in the vicinity. On December 3, 1999, the staff met as the y District's Technical Review Committee and reviewed the impacts of this proposed development '~ on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. History of Recent Development Approvals in the Surrounding Area: • On April 10, 1996, the Commission approved Porky Park Subdivision, a 19-lot industrial/commercial subdivision on 64-acres located at the northeast corner of Franklin Road ~°" and Eagle Road. That development was estimated to generate 8,000 additional vehicle trips per day. As a condition of approval, the applicant was required to constrict a public street ~'' approximately one-third of a mile east of Eagle Road as a condition of approval. The "~ development has not been completed and this road is not yet available for use. • On July 1, 1998, the Commission reviewed iV1SPR-10-98, a proposal to constrict a 100,000- square foot home furnishings showroom and a X0,000-foot warehouse. for furniture. The business has been completed on the northeast corner of Franklin Road and Eagle Road. That development was estimated to generate 1,700 additional vehicle trips per day. • On September 23, 1998, the Commission reviewed MCU-17-98, a request for conditional use ~, approval for an 848,000-square foot retail shopping center. The 74.74-acre site is located at the -~ southeast corner of Eagle Road and Fairview Avenue in Meridian. That development was i estimated to generate 26,950-additional vehicle trips per day, and was required to make major ~., modifications to three intersections (Eagle Road/Fairview Avenue, Eagle RoadlPine Avenue, '°" Fairview Avenue/Records Drive). • On December 30, 1998, the Commission reviewed MCU-43-97/MA-13-97, a request for conditional use approval to construct a 5,000-square foot Idaho Power Credit Union with a drive-thru window, a 5,359-square foot convenience store/McDonald's fast food restaurant with a drive-thru window, and an 854-square foot carwash facility. The 4.13-acre site is located on the northwest comer of Magic View Drive and Eagle Road approximately 720-feet north of I- ~, 84. This development is estimated to generate 7,500 additional vehicle trips per day based on ~`~ the Institute of Transportation Engineers Trip Generation manual. As part of this action, the Commission determined that development of the area west of Eagle Road would constitute an extraordinary impact and imposed an overlay impact fee on all developments in the Magic View Subdivision. That site abuts the subject site's east property line. • On January 27, 1999, the Commission approved Nlidvalley Business Park (a 5-lot commercial subdivision) along with a request for a conditional use to construct a 24,560-square foot office bt~ildin~. The 5.4-acre site is located at the southwest corner of Magic View Drive and Allen ~`~' Street, approximately 500-feet west of Eagle Road. That development was estimated to '~ generate 918 additional vehicle trips per day. This application was approved subject to the ~°~ overlay impact fee imposed by the Commission on December 30, 1998 as part of the action on MCU-43-97/N1A-13-97. r M:~Z99-0022.cmm Paee 3 • r ~..n =~ On January 27, 1999, the Commission reviewed MCU-14-98/MA-3-98, a conditional use requesting approval for to construct a 60-unit motel. The 1.66-acre site is located at the ;~ northwest corner of Eagle Road and I-84, also on the south side on Gentry Way and the east ..~. side of Allen Street. That development vas estimated to generate 282 additional vehicle trips per day. This application was approved subject to the overlay impact fee imposed by the Commission on December 30, 1998 as part of the action on MCU-43-97/NIA-13-97: • On May 12, 1999, the Commission reviewed a request to constnuct a light industrial/manufacturing facility and two soccer fields on 56.32 acres. The site is located north _ of Interstate 84 and west of Locust Grove Road. That development is estimated to generate '~ 2,400 additional vehicle trips per day. The site is currently being constnicted. ."~ "°~ On July 28; 1999, the Commission reviewed NICUP99-24/MAZ99-14, a request for conditional °`~ use approval to constnict a 60,000-square foot medical office building. The applicant is also :~ requesting annexation from Ada County to the City of Meridian and a rezone from RT to CG. The 4.34-acre site is located on the west side of Allen Street west of Eagle Road, and approximately 700-feet south of Magic View Drive. This development is estimated to generate approximately 1,200 additional vehicle trips per day. This application was approved subject to the overlay impact fee imposed by the Commission on December 30, 1998 as part of the action on MCU-43-97/MA-13-97. ',,,:, On July 28, 1999, the Commission reviewed MAZ-99-008/MCUP99-0026, a request for ~' conditional use approval fora 32,000-square foot office building. The 3.77-acre site is located ~ at the northwest corner of Eagle Road and I-84, north of Gentry Way and east of Allen Street. This development is estimated to generate approximately 1,120 additional vehicle trips per day. ~' This application was approved subject to the overlay impact fee imposed by the Commission on December 30, 1998 as part of the action on MCU-43-97/MA-13-97. • On August 11, 1999, the Commission reviewed MCUP99-23, a request for conditional use approval for phase three of the St. Luke's Niedical center. That 37.5-acre site is located at the northeast comer of I-84 and Eagle Road, adjacent to the subject site's western boundary. The total square footage of phases one thru three is 450,600-square feet which was estimated to "~ generate a total of 5,200 vehicle trips per day. A further indicator of the rapidity of growth in ~~ this area is that St. Luke's did not anticipate the construction of this phase for several more years, according to their staff. .~. :~ • On November 17, 1999, the Commission reviewed and approved Woodbridge Subdivision, a 283-lot residential subdivision on 80.83-acres, located east of Locust Grove Road approximately l/4 mile south of Franklin Road. The development is estimated to generate 2,871 additional vehicle trips per day. ~~ D. Magic View Subdivision, of which this site is a part, is partially developed as a 5-acre single ~a~ family subdivision. Meridian's Comprehensive Plan designates a large area within Magic View Subdivision, which includes this site, For commercial and mixed planned use land uses. This '`~ designation will allow a range of land uses that will generate tr~~fic at a much higher rate than the existing development. ,~ MAZ99-0022.cmm Page 4 ~ ~ r E. On December 30, 1998, the ACHD Commission acted on MCU-43-97 and as part of that action, i'~.. " found that an extraordinary impact existed because of the potential of large volumes of trips that would be generated by the redevelopment of Magic View Subdivision and required the ~--~ construction and dedication of a new road into the Magic View Subdivision from Eagle Road ~~ opposite the driveway/private street into St. Luke's medical center. During consideration of MCU-43-97, the Commission reviewed several options for assuring adequate and safe access from Eagle Road into this rapidly redeveloping area. The selected option included the construction of the new road across the property that was the subject of <VICU-43-97 and through the subject site extending the road to the intersection of Magic View Drive and Allen Drive. The cost of constniction and right-of--way was to be shared among all the redeveloping properties in Magic View Subdivision. -~'' F. In the Consideration of NICU-43-97, the Ada County Highway District found that the anticipated -'~ fiscal impacts of the anticipated developments in Magic View Subdivision are of such a ~ magnitude that ACRD will be unable to accommodate the developments without excessive and unscheduled public expenditures which exceed the anticipated impact fees from such developments. The above mentioned street will ultimately be constructed as a 52-foot (4-lane) street section, at its connection with Eagle Road, tapering to a standard 46-foot commercial street section 500-feet west of Eagle Road. The cost of the roadway was estimated to be approximately 5650,000.00. Since that estimate, the developer ofMCU-43-97 has constructed about one-third ~,,, of the length of the road. The construction of the road was at the expense of the developer and ~_ ACHD purchased the right-of--way. ' In its review ofMCU-43-97, the Commission adopted an extraordinary fee based on trip generation rates. The Commission determined that the Extraordinary Impact.Fee would be $43.19 per trip. This parcel includes 8-acres, resulting in a trip generation rate of approximately 2,150-trips per day. Therefore, this property should pay an overlay fee to the District in the amount of approximately 592,858. Staff recommends that the Commission require the payment of that amount into a fund for the reimbursement of cost to construct and dedicate right-of--way for a new road from the intersection of Eagle Road and St. Luke's driveway to the intersection of Magic View Drive and Allen Drive as the proportionate share of this property on a per trip basis. ~' In lieu of depositing this extraoridinary impact fee into a fund, the amount can be redited against `~ the cost of constructing the roadway _,~ ~"~ G. In accordance with the Commission's previous decision with MCU-43-97, the subject applicant should be required to extend St. Luke's Street through the site from the eastern property to Magic View Drive to the south in alignment with Allen Street. The roadway should be extended as a 46-foot street section with curbs, gutters, sidewalks and bike lanes. The developer should be reimbursed for the entire cost of the roadway by offsetting the extraordianry impact fee for this site and/or from the extraordinary impact fees collected from the properties in the Magic View Subdivision as the District collects those fees. ~;~ H. The District has collected approximately $336,1 OS in extraordinary revenue From developments ,~,~~ in the Magic View Subdivision. Another 5152,029 is due from developers that have been :,; approved by the City of Meridian and are expected to obtain building permits in the immediate -' future. '~ MAZ99-0022.cmm Pa_e ~ r r~ `. ~ . ~, I. In accordance with District policy, Driveways on the extension of St. Luke Street should be N located a minimum of 125-feet from ail existing or proposed driveways on St. Luke's Street. ~+ The driveways should be constructed as 24 to 30-foot wide curb return driveways with 15-foot ~ curb radii. The driveways should be paved a minimum of 30-feet beyond the edge of pavement of St. Luke's Street. Note: This will require the applicant to relocate the proposed driveway on the south side of St. Luke's Street at the east property line. J. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Constn~ction Services at 387-6280 (with file numbers) for details. -~','' K. In accordance with District policy, the applicant should be required to constrict curb, gutter, ~- '~ foot wide concrete sidewalk and match paving on Magic View Subdivision abutting the parcel. n., Improvements should be constricted to one-half of a 41-foot street section. L. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACRD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. ~_ ~s M. In order to reduce trips to and from this development, it is recommended that the tenants ~ occupying the proposed building(s) be required to participate in any Transportation Management ~ Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking :°" enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and Forwarded to the ACHD Commuteride Office. ~, ~; N. Graveled driveways abutting public streets create maintenance problems due to gravel being ~. tracked onto the roadway. In accordance with past action by the District the applicant should be ~ required to pave all driveways at least 30-feet beyond the edge of pavement of St. Lukes. O. The Destination 2015 Regional Transportation Plan identified Eagle Road as a limited access facility. Under this designation, access to Eagle Road would be regulated by a limited number of traffic signals (with adequate spacing between successive signals), turn channelization and ~„, restrictions at unsignalized intersections and raised medians between channelized turns. Grade- _~, separated interchanges should be anticipated at arterial/arterial intersections. .,~' ..,,,~ P. There are currently 43,437 vehicle trips per day on Eagle Road, and traffic on Eagle Road is ' anticipated to continue to increase. This development and~the potential for redevelopment in the -~' area will exacerbate the existing traffic problems on Earle Road. The new traffic from this MAZ99-0022.cmm Pase 6 ~, development and other approved developments in the vicinity will add 19,074 vehicle trips per ~'; day, bringing the total to approximately 62,511 vehicle trips per day, which will exceed the '~ planning threshold Level of Service (LOS) F volume of a typical five-lane roadway. According ~ to the July 31, 1997 "Ada Cocrnty Roadway Capacity Guidelines for Planning Applications," ~ 42,000 AADT is the upper range of LOS F for a typical five-lane roadway (Urban/Suburban Arterial -Non-Business District). This section of Eagle Road between I-84 and Fairview Avenue is not a typical five-lane roadway. It has a degree of access control and aloes-to-moderate volume of turning conflicts between signalized intersections so the upper range may be greater than 42,000 ADT. However, this ~~ section of roadway still will not have the capacity to accommodate all of the traffic From the :~ currently approved developments and the growth of background traffic at accepted levels of -~''' service. Studies have found that the capacity of Eagle Road can be protected and even enhanced ~`>' if stringent access constrol measures are implemented by ITD and ACRD in collaboration. The o.. subject property does not have frontage on Eagle Road so, there is nothing about Eagle Road access that is directly relevant to this property. However, in view of the burgeoning growth along the Eagle Road corridor, ITD and ACHD should institute access control measures in order to extend the useful life of Eagle road in its current configuration. The Eagle Road Corridor Stcecfv states that access control on Eagle Road can increase the s, capacity of the roadway by as much as fifty-percent which is the same increase in capacity that = can be experienced by the construction of two additional lanes. Access control will increase the ~ planning threshold (LOS E) to higher levels, perhaps as much as 55,000 ADT. The construction of frontage roads, grade-separated interchanges and the elimination of signalized intersections ~ recommended by the Study will further increase the LOS E planning threshold to 80,000 ADT '~+ because of the total elimination ofside-friction from intersections. The study suggests the following methods of access control: 1. Marginal Access Control Concepts: a) driveway spacing between successive driveways "~' b) driveway spacing from an intersection ~~ c) driveway design .~ ~; 2. Medial Access Control Concepts: ~"'~ a) median type b) median width c) the geometries of median openings, and d) spacing of median openings ;. Major intersection Control Concepts ~:,.,, a) at-grade intersection modifications -~ b) grade-separated intersections f~ ;,.,j 4. Frontage Roads: frontage roads were proposed as an option to provide frill access to ' abutting parcels along Earle Road when access restrictions were imposed. Mf\Z99-0022.cnun Pave 7 ~'°~ _ Q. The Eagle Road comder study identified five different phases of access control beginning with .- the existing access conditions to a future restricted-access expressway with grade-separated intersections. The first level of access control would allow frill access driveways at 660-Foot ~..d intervals; the second level of access control would eliminate the left turns at those driveways through the installation of raised medians. The first level of access control on Eagle Road between I-84 and Franklin Road has been implemented. Traffic is now anticipated to exceed LOS E for typical five-lane roadways under the level one access control. Right-of--way preservation for frontage roads and roadway improvements should be implemented to allow Eagle Road to maintain its function and to carry the exceptional volume of traffic that is expected. In order to accommodate the traffic generated from this site and future development along Eagle Road, staff recommends that a median be constructed in Eagle Road from the Eagle ~. Road/I-84 interchange to Franklin Road as' the second level of access control. The median d''; should be constructed to eliminate left turns at the eighth-mile driveways and unsignalized street approaches. In future phases of corridor protection, a frontage road on both the east and west side of Eagle Road should be constricted from Franklin Road south to the signalized intersection at St. Luke's driveway to provide those parcels affected by the median access to full access intersections to Eagle Road. In even later stages of protection, the urban interchange at the intersection of Eagle Road and Franklin Road should be constructed. R. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. ~ S. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development. Special Recommendation to ITD: 1. This development and the potential for redevelopment in the area will exacerbate the existing traffic problems on Eagle Road. The District recommends that a median be constructed in _ Eagle Road from the Eagle Road/I-84 interchange to Franklin Road as suggested in the second m' level of access control recommended in the Eagle Road Access Control Study. The median should be constructed to eliminate left turns at driveway and street approaches at every location °'', except the St. Luke's signalized driveway and the westward extension of St. Luke's Street. In later stages of protection, frontage road on both the east and west side of Eagle Road should be •~. constructed from Franklin Road south to the signalized intersection at St. Luke's driveway to provide access to frill access intersections for the parcels affected by the median. The following requirements are provided as conditions for approval: Special Recommendation to the City of Meridian: :~ I . In order to reduce trips to and from this development it is recommended that tenants occupying ,,:-+ the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACRD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more ~~' information contact Ms. Pat Nelson at ;87-6160. ~IAZ99-0022.cnun Paee 3 -~ ~' .. y. ,ti m, :~ .~. :~ ~. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. This development, already approved developments, and the potential for further re- redevelopment in the area, will exacerbate the existing traffic problems on Eagle Road and Franklin Road. Substantial reconstniction of the intersection and existing public roadways will be required to accommodate the traffic generated from this site and approved/anticipated developments in the vicinity of the site. The City of Meridian should consider the impacts of this development prior to approving the rezone and conditional use. Site Specific Requirements: 1 r~1 "f .~ L Dedicate 64-feet ofright-of--way for the extension of St. Luke's Street through the site by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available extraordinary impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. Extend St. Luke's Street through the site from the eastern property line to Magic View Drive to the south in alignment with Allen Street. The roadway shall be extended as a 46-foot street section with curbs, gutters, sidewalk and bike lanes. The developer will be reimbursed for the entire cost of the roadway from the extraordinary impact fees collected from the properties in the Magic View Subdivision as the District collects those fees. 3. Driveways on the extension of St. Luke's Street shall be located a minimum of 125-feet from '°" all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot wide =°~ curb return driveways with 15-foot curb radii and paved a minimum of 30-feet beyond the edge "~ of pavement of St. Luke's Street. Note: This will require the applicant to relocate the proposed "~ drivewav on the south side of St. Luke's Street at the east property line 4. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Constriction Services at 387-6280 (with file numbers) for details. ~. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Magic View ".r:y Subdivision abutting the parcel. Improvements should be constricted to one-half of a 41-foot ~~, street section. a ~ 6. Enter into an agreement with the District to constructor, pay the proportionate share of the cost of constructing a new road from Earle Road west and south to connect with Magic View Drive ~"" at its intersection with Allen Street as an extraordinary impact fee. The proportionate share has N[AZ99-0022.cnun Page 9 rT been determined to be approximately $92,858, based upon the estimated 2,150 daily vehicle (~ '; trips. If the developer agrees to construct the road, he will be reimbursed for the full cost of the roadway from extraordinary impact fees that have been collected and by offsetting against the extraordinary impact fees for this parcel. ~°'1 7. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 8. Other than the access points specifically approved with this application, direct lot or parcel access to St. Luke's Street is prohibited :~ Standard Requirements: .,.r .~ 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request ~ shall specifically identifv each requirement to be reconsidered and include a written exklanation of why such a requirement would result in a substantial hardship or inequity The written reauest shall be submitted to the District no later than 9.00 a.m. on the day scheduled for ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and ' report to the Commission regarding the requested modification, variance or waiver. Those .items will be acted on by the Commission unless removed from the agenda 6y the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identifv each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request ~"" for reconsideration will be heard by the District Commission at the next regular meeting of the ~~ Commission. If the Commission agrees to reconsider the action, the applicant will be notified "°' of the date and time of the Commission meeting at which the reconsideration will be heard. ~ 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, [SPWC Standards and approved supplements, Construction Services a..a procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. ~~ ~.~+ 5. The applicant shall submit revised plans for staff approval, priq.r to issuance of building permit ' (or other required permits), which incorporates any required design changes. ~IAZ99-0022.cmm Pave 10 _ 6. 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. ~. ~ 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. ~•• Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-185) at least two full business days prior to breaking ground within ACRD 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 constniction. :m'° 8. 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. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant ;~, to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACRD requirements are intended to assure that the proposed use/development will not place an ~.. undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. r °°° Submitted bv: Commission Action: ~_ Planning and Development Staff ~. r°ti :~ ..~~ .~ ~..y ~fAZ99-0022.cmm Pa~e 1 l January 26, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 1,2000 APPLICANT: W.H. MOORE COMPANY AGENDA ITEM NUMBER: J REQUEST: ANNEXATION AND ZONING OF 1 ACRES TO L-O FOR PROPOSED MAGIC VIEW OFFICE COMPLEX AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED MEMO r-~ ~'~~y ~~` OTHER: Materials presented ai public meetings shall become property of the City of Meridian. .:~ ~ ~r-~ :~ r. l~, r ,. Office ~~~ ~' E '~ ~ r~ ~' of the ~ : ~ ~ ~~ .~~ r_c s ~:. r ~, ~~ City Attorney ~`'~~ ~~"~ ~ ~ ~_~~ ~~ f ~` ~V~~~,.px},t l ~~: ._., The City of Meridian -Idaho's Initial Point of Beginning To: Mayor/CouncillCity Clerk From: Bill Gigray, City Attorney Re: W.H. Moore110 Acres AZ 99-022 Thunder Creek VAC 99-005 Date: January 28, 2000 W.H. Moore110 Acres AZ 99-022: 200 E. Carlton Ave_ Suite 31 PO Box 1150 Meridian ID 83680-1150 Phone: 288-2499 Fax: 288-2501 E-mail: wfg~wppmg.com RECEIVED . ;°.: ~ 2 ~ 200 CITY OF MERIDIAN CITY CLERK OFFICE This memo is to let you know that the Findings and the Development Agneement on this matter is still not complete. The record did not have the deeds for the two parcels which are the subject to this application. We have just obtained those deeds which show that Lot 2 is owned by Richard L. Moore and Barbara L. Moore, Husband and Wife and Lot 3 is owned by Harvard D. Hanks and Geneva J. Hanks, Trustees of the Hanks Family Trust, a living trust created by written Trust Agreement of March 26,1999. That affects the findings and it affects the form of the development ~reement because our standard procedure unless specifically ordered by the City Council otherwise is to included the legal owners of the property. Thunder Creek VAC 99-005: This utility easerr~nt vacation is not complete for consideration of the Findings of Fact Conclusions of Law and Order of Easement Vacation. The reason is that in order to vacate a utility easement we must have the relinquishments of the affected utility easement holders. Those we have been infom~ed by the Public Works Department have not yet been received. Once those have been received we will complete these findings. ~- Office of the City Attorney 200 E. Carlton Ave. Suite 31 PO Box 1150 Meridian ID 83680-1150 Phone: 288-2499 Fax: 288-2501 E-mail: wfg@wppmg.com ~~~ ~ .; .~a~ ~ ~ zooo To: From: Re: Date: C~ Mayor/Council/City Clerk Bill Gigray, City Attorney W.H. Moore/10 Acres AZ 99-022 Thunder Creek VAC 99-005 28 2000 • /-~~-~ J/~~~~' ' " ,, ~~ _~~~~~.~ Y. January ~ ~ ~a~~~' C W.H. Moore/10 Acres AZ 99-022: ~G~ ~~-°~~~~~ ~- ~ ~ This memo is to let you know that the Findings ~jyt ~ ~~ on this matter is still not complete. The record did not (d~C which are the subject to this application. We have jus ~ ~ ~ ~~~:~~.. that Lot 2 is owned by Richard L. Moore and Barbara ---- Lot 3 is owned by Harvard D. Hanks and Geneva J. Hanks, Trustees of the Hanks Family Trust, a living trust created by written Trust Agreement of March 26, 1999. That affects the findings and it affects the form of the development agreement because our standard procedure unless specifically ordered by the City Council otherwise is to included the legal owners of the property. Thunder Creek VAC 99-005: This utility easement vacation is not complete for consideration of the Findings of Fact Conclusions of Law and Order of Easement Vacation. The reason is that in order to vacate a utility easement we must have the relinquishments of the affected utility easement holders. Those we have been informed by the Public Works Department have not yet been received. Once those have been received we will complete these findings. The City of Meridian -Idaho's Initial Point of Beginning FEBRUARY 11, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 15. 2000 APPLICANT: W.H. MOORE COMPANY AGENDA ITEM NUMBER: J REQUEST: ANNEXATION AND ZONING OF 10 ACRES TO L-O FOR PROPOSED MAGIC VIEW OFFICE COMPLEX AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED FINDINGS o~ ~1~~ ~~ BUREAU OF RECLAMATION: C~THFR• Materials presented at public meetings shall become property of the City of Meridian. t REC ~~D ~ ~ ~ 1 1 2000 CITY OF MERIDIAN 02-0 l -oo BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF W. H. MOORE CO., THE APPLICATION FOR ANNEXATION AND ZONING OF 10 ACRES LOCATED ON THE NORTH SIDE OF MAGIC VIEW DRIVE WEST OF EAGLE ROAD FOR MAGIC VIEW OFFICE COMPLEX Case No. AZ-99-022 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on January 18, 2000, at the hour of 7:30 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of W. H. Moore Company was Jonathan Seel, and also appearing and testifying were affected property owners, Church Harl and Howard Foley, and having received the Recommendation to City Council of the Planning and Zoning Commission on this matter, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Judicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. Annexation: 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area which is designated in the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994, and as provided in Meridian City Code § 11-16-3. 2. The City Council exercises its legislative authority in the annexation and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 65 (1983). Prior to annexation the City Council shall request and receive a recommendation from the Planning and Zoning Commission of proposed zoning ordinance changes for the area to be annexed in accordance with the notice and hearing procedures provided in Section 67-6509, Idaho Code and concurrently or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 immediately following the adoption of an ordinance of annexation, the City Council shall amend the Planning and Zoning Ordinance. [I.C. § 67-6525] [Meridian City Code § 11-16-1.] Zonin 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [I.C. § 67-6511]. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. [Meridian City Code § 11-1-3.] 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning Ordinance" of the City of Meridian, Idaho, which provides for various zoning districts. [Meridian City Code §§ 11-1 - 11-21.] 5.1 The "Zoning Ordinance" provides a zoning district (L-O) Limited Office District which is defined as: [Meridian City Code § 11-7-2 G.] ~L-O~ Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 5.2 The "Zoning Ordinance" provides fora "Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and permitted accessory use. [Meridian City Code § 11-6-1.] 5.3 The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown. [Meridian City Code § 11-6-1.] 5.4 The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning and Zoning Commission and the City Council. [Meridian City Code § 11-15-1 - 11-15-6.] 5.5 The General Standards Applicable To Zoning Amendments include the following [Meridian City Code § 11-15-11 ] 5.5.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5.7 Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 5.5.8 Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 5.5.9 Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 5.5.10 Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 5.5.11 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 5.5.12Is the proposed zoning amendment in the best interest of the City of Meridian. 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. Development Conditions: 7. The City is authorized by I.C. § 67-6511 A by the adoption of an ordinance to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel which the City has enacted as a part of the "Zoning Ordinance" at Meridian City Code § 11-15-12 and if the property is annexed and zoned Meridian City Code § 11- 16-4. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Meridian City Code § 11-2-4 which pertains to development time schedules and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 requirements; Meridian City Code § 12-4-13, which pertains to the piping of ditches; and Meridian City Code § 12-5-2 N, which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for January 18, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 18, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Titles 11 and 12, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximatelyl0 acres in size. The property is located on the north side of Magic View Drive west of Eagle Road. The property is designated as Lots 2 and 3, Magic View Subdivision, and described as follows: LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION A parcel of land located in the Northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lots 2 and 3 in the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at a brass cap marking the quarter corner common to Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00°22'58" West 1,326.59' to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 17; thence FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 North 89°58'30" West 391.41' to the Northeast corner of said Lot 2, said point being the real point of beginning; thence South 00°07'50" East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast corner of said Lot 2; thence South 89°37'02" West 315.10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to a point; thence North 83°21'41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2; thence North 83°11'15" West 405.26 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 3 to the Southwest corner of said Lot 3; thence North 00°03'08" West 526.18 feet along the Westerly boundary of said Lot 3 to the Northwest corner of said Lot 3; thence South 89°58'30" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. 5. The owner of record of the subject property is W.H.Moore/Jim Boyd, of PO Box 8204, Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of residential property. 8. The Applicant requested the property be zoned as Limited Office (L-O). 9. The subject property is bordered to the north by Greenhill Estates Subdivision and city limits of the City of Meridian are adjacent and abut the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 ~ ~ property to the south and east sides of the property. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: Develop an office complex. 13. The Applicant requests zoning of the subject real property as Limited Office (L-O) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial and Mixed /Planned Use Development. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The Applicant request zoning of the subject real property as Limited Office (L-O). The application is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial and Mixed/Planned Use Development. Further, this application is consistent with the following provisions of the Meridian Comprehensive Plan: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 The subject~roperty is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. It is within the Meridian Urban Service Plannin~Area. COMPREHENSIVE PLAN POLICIES Economic Development Chapter Policies 1.2, 1.3, and 1.9 Land Use Chapter Policies 4.4U, 4.8U, 5.8, 5.9, 5.11, 5.14U, 5.15U Communit~~n Chapter Policies 1.3, 1.4, 2.1U, 2.2U, 2.3U and 2.5U 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed as a condition of Staff review and approval of development permits, and which restrict the use and development of the subject real property under the Limited Office Development procedures and pursuant to the conditional use permit process, to-wit: Adopt the Recommendations of the Planning and Zoning Staff, modified at the request of the Planning and Zoning Commission as follows: 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 • written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 16.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 16.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.5 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. All site drainage shall be contained and disposed of on-site. 16.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 16.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 16.8 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 16.9 All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORS CO. / CASE NO. AZ-99-022 • 16.10 Applicant shall enter into a License Agreement with Ada County Highway District to construct, and perpetual maintain, a 30-foot wide buffer with a 4-foot high berm and a 6-foot high solid, wooden fence on top of the berm along the entire length of Parcel B. 16.11 Applicant shall construct a minimum 20-foot wide buffer with a 4-foot high berm and a 6-foot high solid, wooden fence on top of the berm along the entire length of Parcel A. 16.12 Applicant shall be required to dedicate all right-of-way along St. Luke's Street, and Magic View Drive prior to the issuance of any building permits. 16.13 The Applicant has submitted a draft site plan to provide a general overview of expected development type location and amenities. The proposed site plan proposes to the dedication of a new public road which will divide Lot 2 of the Amended Magic View Subdivision into three parcels. The Applicant shall facilitate this by application for replat of this portion of the Magic View Subdivision, which process shall include the replatting of public easements as well. 16.14 Existing easements are shown on the recorded plat of the Amended Magic View Estates Subdivision which will be in conflict with the new proposed layout. Applicant shall vacate conflicting easements prior to applying for building permits. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is found that the development considerations which must be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORS CO. / CASE NO. AZ-99-022 taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. Decision and Order now, therefore, based upon the above and foregoing Findings of Fact and Conclusions of Law, the City Council does hereby ORDER and this does ORDER: 1. The applicant's request for annexation and zoning of approximately 20.05 acres to Limited Office (L-O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 20.05 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein provided are not met by the Developer that the property shall be subject to re-zone and de-annexation from the City of Meridian, which Agreement shall provide for the following conditions of use and development; to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORS CO. / CASE NO. AZ-99-022 3.A The Applicant shall use the subject property to develop, use and maintain professional office with any other uses permitted in the subject zone only as a conditional use. 3.B. The Applicant shall develop the subject property in accordance with the following conditions: 3.B.1 Any existing irrigation drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 3.B.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3.B.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.B.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2- 414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.B.5 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. All site drainage shall be contained and disposed of on-site. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 • 3.B.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 3.B.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 3.B.8 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 3.B.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.B.l0Applicant shall enter into a License Agreement with Ada County Highway District to construct, and perpetual maintain, a 30-foot wide buffer with a 4-foot high berm and a 6-foot high solid, wooden fence on top of the berm along the entire length of Parcel B. 3.B.1 lApplicant shall construct a minimum 20-foot wide buffer with a 4-foot high berm and a 6-foot high solid, wooden fence on top of the berm along the entire length of Parcel A. 3.B.12Applicant shall be required to dedicate all right-of-way along St. Luke's Street, and Magic View Drive prior to the issuance of any building permits. 3.B.13The Applicant has submitted a draft site plan to provide a general overview of expected development type location and amenities. The proposed site plan proposes to the dedication of a new public road which will divide Lot 2 of the Amended Magic View Subdivision into three parcels. The Applicant shall facilitate this by application for replat of this portion of the Magic View Subdivision, which process shall include the replatting of public easements as well. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 3.B.14Existing easements are shown on the recorded plat of the Amended Magic View Estates Subdivision which will be in conflict with the new proposed layout. Applicant shall vacate conflicting easements prior to applying for building permits. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (L-O) Limited Office District (Meridian City Code § 11-7-2 G). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Worlcs Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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. By action of the City Council at its regular meeting held on the day of , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILPERSON TAMMY deWEERD VOTED COUNCILPERSON CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 ~- ~, MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerlc msg/Z:\Work\M\Meridian 15360M\Ntagic View\AZFfCIs Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 MAYOR Robert D. CoiTie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless March 23, 2000 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Magic View Partners P.O. Box 8204 Boise, ID 83707 Re: Annexation and Zoning Application AZ 99-022 Signed and Recorded Development Agreement To whom it may concern: LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 FILE COPY Enclosed is an approved copy of the signed, recorded Development Agreement for the above-referenced application as well as a copy of the Resolution No. 310. If you should have any questions, please feel free to call. Sincerely, Shelby Ugarriza City Clerk's Office seu enc. MARCH 17, 2000 AZ 99-022 MERIDIAN CITY COUNCIL MEETING: MARCW 21 2000 APPLICANT: W.H. MOORE COMPANY AGENDA ITEM NUMBER: '~ REQUEST: Develo ment A reement -ANNEXATION AND ZONING OF 10 ACRES TO L-O FOR PROPOSED MAGIC VIEW OFFICE COMPLEX AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: COMMENTS SEE ATTACHED SIGNED D/A CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~~b ~~ ~p~ ~s OTHER: Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON WM. F. GIGRAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM E NICHOLS• TERRENCE R. WHITE*~ CHRISTOPHER S. NYE "ALSO ADMITTED IN OR "'ALSO ADMI7Tfill IN WA 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288-2501 Email via Internet u> wEg a~wFFmg.co~n NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE R,~cE~D ~ E B f 1 2000 February 10, 2000 William G. Berg, Jr., City Clerlc MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 CITY OF MERIDIAN Re: W.H. MOORE COMPANY / ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERK Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING prepared as per instructions from the Council meeting of January 18, 2000, and which are on the agenda for February 15, 2000. I have also attached the originals of the Resolution and Certificate of the Clerlc for the Development Agreement. I have also attached hereto the DevelopmentAgreement for the above matter. After the Council meeting of February 15, 2000, if Council approves the Findings of Fact. and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners for signatures. , If you have any questions please advise. Very t>~ly u , m. F. igray, I msg\Z:\Worlc\M\Meridian 15360M\Magic View\FFCL and DevAgtCllc.ltr CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerlc of this Cit , I am the custodian of its records and minutes and do hereby certify that on the ~~S%' day of ~Gf/LC--~ , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND WINSTON H. MOORE/JAMES L. BOYD AND MAGIC VIEW PARTNERS, AN IDAHO GENERAL PARTNERSHIP. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with Winston H. Moore/James L. Boyd and Magic View Partners, an Idaho General Partnership, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: Certificate of Clerlc of the City of Meridian (AZ-99-022) - 1 ~~ ~c~~~ ! ,- FILE COPY RESOLUTION NO ~`~ MAR - 3 2000 ~I'~Y QF ~~,I~~~.i BY: C'6re~-~- h~~ ~c~ ~~'~ss A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND WINSTON H. MOORE/JAMES L. BOYD AND MAGIC VIEW PARTNERS, AN IDAHO GENERAL PARTNERSHIP. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with Winston H. Moore/James L. Boyd and Magic View Partners, an Idaho General Partnership, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerlc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with Winston H. Moore/James L. Boyd and Magic View Partners, an Idaho General Partnership, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and Winston H. Moore/James L. Boyd and Magic View Partners, an Idaho General Partnership, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Resolution (AZ-99-022) - 1 -~ S PASSED BY THE COUNCIL OF THE CITY OF MERIDLAN, IDAHO, this 2 ~ day of ~~~~ , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2(~ day of ~~-c~-- , 2000 ATTEST: CITY CLERK msg/Z:\WorkVVl\Meridian 15360M\Nlagic View\Itesolution + G ,~ .a c~ _ ~~ ~' s~ Resolution (AZ-99-022) - 2 AZ 99-02~ FEBRUARY 28, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 7 2000 APPLICANT: W.H. MOORE COMPANY AGENDA ITEM NUMBER: REQUEST: FINDINGS CONCLUSI NS - ANNEXATION AND ZONING OF 10 ACRES TO L-O FOR PROPOSED MAGIC VIEW OFFICE COMPLEX AGENCY COMMENTS CITY CLERK: SEE 2/15/2000 ITEM PACKET CITY ENGINEER: CITY PLANNING DIRECTOR: TORNEY `~~ ~-~ ~ ~" `~ : CITY AT CITY POLICE DEPT: ., r j{f~,,~s ,~, . CITY FIRE DEPT: R( CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMI TTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW KATEIY J. EDWARDS JULIEKI.F1x FISCHFR WM. F. GIG[tAY, lII D.SAMUF1.JOHNSOx WII.I.IAM A. Motexow WII.I.IAM F. NtcxoLs CI~ISrorHFR S. NYE PHniP A. P6CFR$ON STEPHEN L. Pxuss Euc S. ROSSMAN TODD A. ROS9NAN DAVm M. SWARTLEl TrxxFrresR WHITE ZOO EAST CARLTON AVENUE POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 Tn. (208) 288.2499 FAX (208) 288-2301 E-MAU.: dms@wppt~.com December 27, 1999 R,~CE~D 9 ~ C ~ 7 1999 CITY OF MERIDIAN William G. Berg, Jr. City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho $3642 Re: Annexation and Zoning of 10 acres for Magic View Office Complex W. H. Moore, Applicant Dear 'Will: Please find enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on January 4, 2000. Shari Stiles and Gary Smith have been given copies of the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Very truly yours, NAMPA OFFICE 104 NINTH AvF,NOFSouTx POST OFFICEBOX 247 NAMPA, IDAHO 83653-0247 TEL. (208)466-9272 FAX (208)466-0405 PLEASE REPLY TO MERIDIAN oFFicE David M. Swartley Enclosure ey/Z:\WorkuVluVleridian 153601VIUVlagic View~CClkEnc.wpd BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 10 ACRES FOR MAGIC VIEW OFFICE COMPLEX BY W.H. MOORS CO. Case No. AZ-99-022 ) RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 10 acres in size. The property is located on the north side of Magic View Drive west of Eagle Road. The property is designated as Lots 2 and 3, Magic View Subdivision. 2. The owner of record of the subject property is W.H.Moore/Jim Boyd, of PO Box 8204, Boise, Idaho. 3. Applicant is owner of record. 4. The property is presently zoned by Ada County a Rural Transitional (R T), and consists of residential property. 5. The Applicant requested the property be zoned as Limited Office (L-O). 6. The subject property is bordered to the north by Magic View Subdivision and city limits of the City of Meridian are adjacent and abut all sides of the property. RECOMMENDATION TO CITY COUNCIL - I ANNEXATION AND ZONING -MAGIC VIEW OFFICE COMPLEX - W.H. MOORS CO. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live City Council Members CITY OF MERIDIAN CHARLES RouNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 MEMORANDUM: To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engine r Brad Hawkins-Clark, Assistant Planner LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 December 3, 1999 ~,EcENED DEC 0 7 1999 City of Meridian City Clerk Office Re: Request for Annexation and Zoning of Two, Five-Acre Parcels +/- from RT to L- O with a Conditional Use Permit for Multiple Buildings on a Single Site by W.H. Moore Company We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY There are two lots and two separate applications covered in this report. The Annexation & Zoning application (File AZ-99-022) proposes to annex Lots 2 and 3 of the existing Amended Magic View Subdivision and rezone both lots to Limited Office (L-0). The CUP application (File CUP-99-040) proposes four new, detached office buildings -- two on each parcel. The Applicant is also requesting approval for a restaurant within the complex. While the two lots have different owners, the project was submitted as and will be reviewed as a single project for the purpose of this report. LOCATION The subject lots are located on the north side of Magic View Drive, immediately west of the new Eagle Partners project currently being constructed, and south of Greenhill Estates Subdivision. The property is located in an area designated as Mixed/Planned Use Development in the Comprehensive Plan. There is also a Commercial designation that incorporates a portion of Lot 2 (the east piece). While the majority of Magic View Subdivision (approximately 23 three- to five-acre lots covering 70 +/- acres) remains in the County, it is rapidly urbanizing. In the last three years or so, six lots in the east half of the subdivision adjacent to Eagle Road have been annexed and are either built-out or in the development-approval process. The Magic View residents are also very active in the City's current Comprehensive Plan Update process. They submitted a general master plan for the re-development of the entire subdivision and have requested a Mixed Use designation for the full 70 +/- acres, changing from its existing Single-family Residential designation. Magic View Ofr~ce Complex.AZ.CUP.doc AZ-99-020 and CUP-99-037 ii and P&Z~ Mayor, Counc December 3, 1999 Page 2 SURROUNDING PROPERTIES North -Greenhill Estates Subdivision No. 3 (large, single-family homes in awell-established neighborhood). Nine homes are immediately adjacent to the north property lines of the proposed site and zoned R3 (Ada County). South -Immediately across Magic View Drive is the Texaco gas station and food mart in Lot 11 and the Midvalley Business Park, which is a re-subdivision of Lot 10 into five (5) one-acre lots, including the new Hubble Engineering headquarters building. Both lots are zoned C-G (Meridian). East -Eagle Partners complex (Idaho Power Credit Union and Chevron/McDonalds), zoned CG (Meridian). West - A five-acre lot with asingle-family home. The east boundary of Phase 2 of the proposed Woodbridge Subdivision by O'Neill Enterprises is approximately 1,500 feet to the west down Magic View Drive. ANNEXATION AND ZONING GENERAL COMMENTS 1. The legal description submitted for Lots 2 and 3 is correct and places the parcel contiguous to existing city limits. 2. Staff agrees with the proposed L-O zone. The L-O zone is permitted and compatible with the Mixed/Planned Use comprehensive plan designation. It provides for appropriate, low- intensity transitional uses from commercial on the south to single-family on the north. 3. The subject lots can be adequately served by public facilities, and the proposed uses will allow for orderly expansion of the city limits. 4. With the extension of St. Luke's Street from Eagle Road and aligning the proposed Allen Street with the existing Allen south of Magic View, this site will have adequate vehicular approaches and access. ANNEXATION SITE SPECIFIC REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Magic View C+ffice Compkx.AZ.CUP.doc AZA4-022 mid CUP-99.040 Ma or Council and P&~ y~ December 3, 1999 Page 3 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standazds set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any neazby residential azeas and in accordance with City Ordinance Section 11-2-414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporazy signage, flags, banners or flashing signs will be permitted. Signage restrictions need to be included in the development agreement. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. A minimum 35-foot landscape buffer is required along the north property boundazy of site and shall be a condition attached to this property in the Development Agreement. 11. Applicant shall be required to dedicate all right-of--way along St. Luke's Street, Allen Street and Magic View Drive as required by ACRD prior to the issuance of any building permits. 12. Section 2-403 of the Zoning & Development Ordinance (page 24) defines "subdivision" as the "result of an act of dividing an original lot...into two or more parts. The term "subdivision "shall also include the dedication of a public street." The proposed site plan includes the dedication of a new public street and divides Lot 2 of the Amended Magic View Subdivision into three parts (the lot, Allen Street and the landscape and stormwater azea north of the street. In order to comply with this section of the ordinance, Staff recommend the applicant plat the proposed site accordingly. This should be a condition of annexation placed in the Development Agreement. [NOTE: The Planning Director, City Engineer and City Attorney have proposed revising the Zoning Ordinance to set standazds to allow for one-time splits of pazcels in the city limits. Currently, however, the only vehicle to split properties is the formal platting process.] Magic View Office Complex.AZ CUP.doc AZ-99-022 e~ CUP-99.040 it and P&Z~ Mayor, Counc December 3, 1999 Page 4 13. Existing easements aze shown on the recorded plat of the Amended Magic View Estates Subdivision which will be in conflict with the new proposed layout. 14. A Development Agreement will be required as a condition of annexation. CONDITIONAL USE COMMENTS 1. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 2. Staff believes the Site Development Plan is generally in accord with the intent and purpose of the Limited Office zone. The vast majority of the Comprehensive Plan policies cited below are met with this Plan. 3. The 35-foot landscape buffer on the north side of Eagle Partners' site is within ACHD's. right-of--way. It is not cleaz on the Site Plan if the landscape berm on Lot 2, north of St. Lukes Street, will continue the ACRD right-of--way or if it will remain privately owned. The Applicant should clazify. CONDITIONAL USE SITE SPECIFIC REQUIREMENTS Public Works Requirements: 1. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2. Coordinate fire hydrant placement with the City of Meridian. Public Works Department. 3. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 4. Sanitary sewer service to this site will be via an extension from the existing main adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate sizing and routing with the Public Works Department. 5. Water service to this site will be via extensions of existing mains installed adjacent to subject site. Applicant will be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department 6. Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the landscape azea required, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the Magic View Office Complex.AZ.CUP.doc A~99-022 and CUP-99.040 Mayor, Council and P&Z December 3, 1999 Page 5 primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 7. Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 8. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 9. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. Planning & Zoning Requirements: 1. The conditional use permit shall be subject to review upon ten days notice to the Applicant. The ~ditional use permit should become null and void if work does not commence withic~ert~'year of approval and construction is not complete within two years from date of approval. The conditional use permit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the approved conditional use permit. 2. Four monument signs (two per lot) are shown on the Site Plan. The signs must be located outside the 12' x 40' clear vision triangle for private drives and public roads. No sign elevations were submitted with the application. Staff strongly encourage a coordinated sign program complementing, building architecture style be submitted for all free- standing and wall signs in the entire complex and approved as part of this application. All signage is subject to design review and separate application. 3: Coordinate the location and sizing requirements of screened trash enclosures with Sanitary Service Company. Provide a letter of approval from Sanitary Service Company prior to applying for building permits. 4. Provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval shall include recorded warranty deed or recorded plat for all necessary roadway dedications. 5. No details of hours of operation are provided. While the office uses/hours should be harmonious with the residential homes to the north, the .application also requests approval for an ancillary restaurant within the complex. Restaurants are allowed as conditional Magic View Office Complex.AZCUP.doc AZ-99-072 and C[R'-99-040 Mayor, Council and P&Z December 3, 1999 Page 6 uses in the L-O zone. Staff recommends the Applicant either: (1) make firm commitments in this application regarding the specific building to house the restaurant, hours of operation, type of restaurant, and other details; or (2) be required to submit a separate CUP application in the future once the restaurant comes through as a tenant improvement. Staff supports the concept of integrating. offices and restaurants, but feel one of these two conditions should be placed. 6. The building elevations provided do not correspond with the building envelopes Tabled on Sheet CU-1. Applicant should provide more specific details on which buildings are single-story and which are two-story. 7. There is an existing ten-foot-wide public utilities, irrigation and drainage easement along the side and rear lot lines of Lots 2 and 3. Applicant should clarify his intent with regard to maintaining or vacating these easements. 8. The parking details on Sheet CU-1 state "Retail Parking Provided," but the square footage calculation is correct for office use (1:400). Retail use is specifically prohibited in the L-O zone. This should be corrected to state "Office Parking." 9. Parcel A shows a total of 275 parking stalls. ADA requires a minimum of seven handicap accessible for this number of parking stalls. Only six are shown (three per building). Staff recommends adding at least one (1) more handicap stall per building. Parcel B appears to meet the minimum ADA requirements. 10. The parking rows against the east boundary of Parcel A (adjacent to Allen Street) show twenty-six (26) stalls south of the driveway and twenty (20) stalls north of the driveway. These are large expanses of asphalt without any visual/softening break. Staff recommends at least one (1) landscape bump-out with dimensions similar to the other proposed bump-outs (approx. 8' x 20') be added to each of these parking rows. 11. Staff encourages the inclusion of bicycle racks at each of the four (4) office buildings. 12. The street trees proposed along all three public roads on the Site Plan should be planted outside any easement containing an underground water line, sewer line, or other utility. 13. The Site Plan shows the required number of trees to meet the ordinance. However, no species are listed. Applicant must submit a detailed landscape plan, including berm height, species, groundcovers, shrubs and irrigation details with the Certificate of Zoning ComplianceBuilding Permit submission. 14. If a landscape berm is proposed for the northwest corner of Parcel B (adjacent to St. Luke's Street), Staff requests the berm height be restricted to a maximum of three feet from street grade (not sidewalk grade) to allow for clear vision. Magic View Office Complex.AZ.CUP.doc AZ-99-022 and CW-99040 Ma or Council and P&Z~ Y December 3, 1999 Page 7 15. No fencing details were submitted for the boundazies adjacent to the Greenhill Estates lots. Eagle Partners constructed a chainlink fence behind the four-foot-high berm. Applicant should make statements regazding his intent for fencing types and height along the north and west boundaries of the site. 16. Staff reserves the right to prepaze additional comments when a revised site plan and comments have been received. 17. If possible, please reply in writing to all comments contained in this memorandum by noon on December 10, 1999. RELEVANT COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project: The subject property is located in an area designated asMixed/Planned Use Development in the Meridian Comprehensive Plan. It is within the Meridian Urban Service Planning Area. Economic Development Chapter Policies 1.2 and 1.3, 1.9 Land Use Chapter Policies 4.4U, 4.8U, 5.8, 5.9, 5.11, 5.14U, S.15U Community Design Chapter Policies 1.3, 1.4, 2.1U, 2.2U, 2.3U, 2.SU RECOMMENDATION Staff recommends approval of the Annexation and C.U.P. applications with the above-stated conditions. ~;~ v,~ otr~ c~pi~.AZ.cuP.a« AZ-99-022 ~d CUP-99-040 C~ January 14, 2000 MERIDIAN CITY COUNCIL MEETING: JANUARY 18 2000 APPLICANT: W.H. MOORE COMPANY AGENDA ITEM NUMBER: REQUEST' ANNEXATION AND ZONING OF 10 ACRES FROM RT TO L-O FOR_PROPOSED MAGIC VIEW OFFICE COMPLEX AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATIONS REVIEWED "NO PROBLEMS WITH REQUEST" "NO REMARKS" SEE ATTACHED NO OBJECTIONS "NO COMMENT" /~ ~ ~~~'` cl~ ~"., ~~ OTHER: LETT R FROM HOWARD FOLEY AS A RESIDENT OF GREENHILLS ESTATES All Materials presented at public meetings shall become property of the City of Meridian.