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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 STAFF REPORT HEARING DATE: February 21, 2008 E IDIAN~-- TO: Planning & Zoning Commission I D A H O FROM: Sonya Wafters, Associate City Planner ~E C E I V (208) 884-5533 SUBJECT: Overland Village ~~~ ~ ~ ~Q013 • Az-os-ool GIT~ OF MERIDIAN CITY CLERK OFF- E ~ Annexation and Zoning of 9.06 acres from the RUT and R1 Ada County) zoning districts to the C-G (General Retail and Service Commercial) zoning district • VAC-08-001 Vacation of the existing right-of--way of S. Rackham Way 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Relo Development, has requested Annexation and Zoning (AZ) approval of 9.06 acres from the RUT and R1 (Ada County) zoning districts to the C-G (General Retail & Service Commercial District) zoning district. Concurrently, the applicant is requesting to vacate the existing right-of--way of S. Rackham Way. The subject property is located on the northeast corner of E. Overland Road and S. Eagle Road, in the southwest '/ of Section 16, Township 3 North, Range 1 East, B.M. The subject property is within the City's Area of Impact and Urban Service Planning Area. Approval of the subject AZ application would allow the applicant to obtain a commercial zone and develop the property with retail and restaurant uses in the future. The Applicant has not submitted a subdivision application at this time but intends do so at a later date. However, the Applicant has submitted a concept plan for how the subject property may develop, and elevations for what the future buildings will look like. Staff has reviewed both the concept plan and the elevations and has included Development Agreement provisions in the staff report related to the submitted applications (AZ and VAC). Approval of the subject VAC application to vacate the existing S. Rackham Way right-of--way would allow the applicant to do a land swap with ACRD and to reconstruct the Rackham Way connection to Overland Road further to the east. 2. SiJMMARY RECOMMENDATION The subject AZ & VAC applications were submitted to the Planning Department for concurrent review. Per UDC 11-SA-2, the Planning & Zoning Commission is required to make a recommendation to the Council on AZ applications; the Commission is not required to make a recommendation on VAC applications. However, the Commission may review and make comments on the VAC application, as this application is significant to the proposed development of this property. Any comments related to the subject applications (AZ-08-001 & VAC-08-001) will be included in the Commission's recommendation to the Council. Staff is recommending approval of the Overland Village application (AZ-08-001 & VAC-08-001) with a Development Agreement for the project. Overland Village AZ-08-001 & VAC-08-001 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 3. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to recommend approval to the City Council of File Number AZ-08-001 (and VAC-08-001) as presented in the staff report for the hearing date of February 21, 2008, with the following modifications to the proposed development agreement: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to recommend denial to the City Council of File Number AZ-08-001 (and VAC-08-001) as presented during the public hearing on February 21, 2008, for the following reasons: (you should state specific reasons for denial of the annexation request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-08- 001 (and VAC-08-001) to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3330 E. Overland Road (Parcel #'s: 51116336421, 51116336403, S1116336453) Northeast corner of E. Overland Road and S. Eagle Road Southwest '/ of Section 16, Township 3 North, Range 1 East b. Property Owner of Record: Cameron S-Sixteen Retail, LLC 755 W. Front Street, Ste. 300 Boise, Idaho 83702 c. Applicant: Relo Development 16679 N. 90"' Street, Ste. 100 Scottsdale, AZ 85260 d. Representative: Tamara Thompson, Landmark Development Group 2462 Sunshine Drive Boise, ID 83712 e. Present Zoning: RUT & R1 (Ada County) £ Present Comprehensive Plan Designation: Mixed Use -Regional g. Description of Applicant's Request: The Applicant is requesting approval for Annexation and Zoning of 9.06 acres from the RUT and R1 (Ada County) zoning districts to the C-G zoning district for future retail and restaurant uses. The Applicant is also requesting approval to vacate S. Rackham Way in order to do a land swap with ACRD and reconstruct Rackham Way further to the east. Overland Village AZ-08-001 & VAC-08-001 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 h. Applicant's Statement /Justification: The Applicant's narrative states, "It is our intent to obtain general project approval through Planning and Zoning and City Council and to work with City staff on the planning and construction details. A preliminary and final plat will be processed at a later date. Both a proposed conceptual site plan and conceptual elevations are included with these applications." (See Applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will, in fact, constitute a vacation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public meeting is required before the City Council on this matter. b. Newspaper notifications published on: February 4, 2008 and February 18, 2008 c. Radius notices mailed to properties within 300 feet on: January 28, 2008 d. Applicant posted notice on site by: February 12, 2008 6. LAND USE a. Existing Land Use(s): The site is currently vacant except for an ACRD park and ride parking lot on the northern portion of the annexation area that is proposed to remain. b. Description of Character of Surrounding Area: This property is located on the corner of a highly- trafficked intersection with existing commercial developments on the other three corners of the intersection. There is an existing residence and vacant land to the north of this site and an existing abandoned residence and land to the east of this site. All of the area immediately surrounding this property is zoned commercially. c. Adjacent Land Use and Zoning: North: Rural residential property, zoned C-G South: Commercial property (Silverstone Subdivision), zoned C-C East: Vacant land, zoned C-G West: Commercial property (Dorado Subdivision), zoned C-G d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently a sewer stub from East Overland road to the property line of 3376 E Overland Rd and a manhole located in S Rackham Way. Location of water: There is currently water stubbed off of East Overland road. Two Water connections will be required due to fire flow requirements. Issues or concerns: None. 2. Vegetation: There are no existing trees on the subject property. 3. Floodplain: A portion of this site along the northern boundary of the annexation area is located within the floodway (this area is not included in the concept plan). A large portion of the north half of this site is also located within the 100 year and 500 year floodplains, in flood zones AE and X5, respectively. Overland Village AZ-08-001 & VAC-08-001 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 4. Canals/Ditches/Irrigation: The Five Mile Creek runs along the north boundary and the Eight Mile Creek runs along the east and north boundaries of this property. 5. Hazards: Vehicular access to this site -This site has frontage on Overland Road and S. Eagle Road. City Staff believes that some of the proposed access points to this site could be hazardous. ACHD has not evaluated access on this site, as no development application was submitted concurrently with the subject annexation request. Staff is recommending changes to the proposed access points. And that these changes be included in a DA for this site (see below for further analysis). Planning Staff is not aware of any other potential hazards on this site. 6. Proposed Zoning: C-G 7. Size of Property: 9.06 acres (annexation area) Summary of Proposed Streets and/or Access: Although no development is proposed at this time, the conceptual development plan submitted with this application shows aright-in/right-out driveway access to E. Overland Road, classified as a principal arterial roadway, approximately 253 feet east of the Overland/Eagle intersection. Another full-access is proposed to Overland Road approximately 496 feet east of the Overland/Eagle intersection where Rackham Way is proposed to be relocated. Aright-in only access to the site with a deceleration lane is proposed from Eagle Road, classified as a principal arterial roadway, at the northern boundary of the site. City Staff and ITD Staff are not supportive of the proposed right-in access to the site from Eagle Road. Further, City Staff and ACRD Staff are not supportive of the right-in/right-out access to/from the site from Overland closest to the Overland/Eagle intersection. Staff and ACHD are supportive of the full access point on Overland via Rackham Way. (See staff's analysis of proposed streets and access points to the site in Section 10 below.) g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 35-foot wide landscape street buffer is required adjacent to E. Overland Road and S. Eagle Road, both arterial streets and entryway corridors. A 10-foot wide landscape street buffer is required adjacent to S. Rackham Way, a local street. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25-foot wide landscape buffer is required between C-G zoned properties and residential uses. However, there are no residential uses that directly abut the site. 7. COMMENTS MEETING On February 1, 2008, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. However, because this request is only for annexation, comments are for informational purposes only. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Regional (MU-R)." Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub-categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The MU-R category allows for residential densities of 3 to 40 units per acre. This category includes uses such as grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, professional Overland Village AZ-08-001 & VAC-08-001 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 offices, retaiUgift shops, clothing stores, garden centers, restaurants, banks, drive-thru facilities, auto service stations, department stores, medcaUdental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons, daycares, entertainment uses, major employment centers, and clean industry. Per the Comprehensive Plan, a mixed use project shall include a principal use (retail, office, professional, or residential) and at least one other type of land use. Exceptions may be granted from smaller sites on a case by case basis. This site is only proposing one type of use (retaiUrestaurant). Because of the size of the site and it's proximity to a very busy intersection, staff does not believe that an additional type of use should be required in this case and that the proposed use of the property is the most appropriate. The applicant is proposing a commercial zone (C-G), which complies with the MU-R land use designation and has submitted a conceptual site plan. Staff finds that the future commercial use of the property for retail and restaurant type uses generally conforms to the stated purpose, intent, and standards of the MU-R land use category within the Comprehensive Plan. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal N, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." Both Eagle Road and Overland Road are designated major arterials. On the submitted conceptual site plan, the Applicant is proposing two access points to Overland Road and one access point to Eagle Road. Staff is recommending that only one access point to this site be approved, S. Rackham Way, in accordance with the intent to limit access points on arterial streets. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Overland Road and Eagle Road are both classified as arterial streets and are designated as entryway corridors to the City. By City Ordinance, a 35 foot wide landscape buffer is required adjacent to Overland Road and Eagle Road. A 10 foot wide buffer is required adjacent to S Rackham Way, a local street. ~ Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application as no development is proposed at this time. Upon development of this site, the Applicant will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to Certificate of Occupancy of buildings proposed on this site. • Chapter N, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." This property is contiguous to the City and sanitary sewer and water are readily available. • Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." Staff believes that the proposed zone, which allows for a variety of commercial and retail uses, does contribute to the variety of uses in this area which include: oj~ces, restaurants, retail stores, coffee shops, etc. ~ Chapter V, Goal I, Objective A, Action 11 - "Improve and protect creeks (Five Mile, Eight Overland Village AZ-08-001 & VAC-08-001 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas." The Five Mile Creek runs along the north boundary and the Eight Mile Creek runs along the east and north boundaries of this property. Staff is including a provision in the Development Agreement that the applicant improve and protect these creeks as part of the development of this site. Staff finds that the proposed zoning to C-G is harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on Staff s analysis, other agency/department comments, and any other comments received regarding the appropriateness of Zoning this site for retail and restaurant uses. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Retail stores and restaurants are listed as principal permitted uses in the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The applicant is requesting annexation and zoning of 9.06 acres from RUT & R1 in Ada County to C-G. Approval of the AZ application would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property and develop the property with retail and restaurant uses in the future. According to current City Code, retail stores and restaurants, among other uses, are principal permitted uses in the proposed C-G zone. The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use - Regional. The applicant is proposing a commercial zone (C-G), which complies with the land use designation for this property. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan and uses with the UDC for the C-G zone, Staff believes that the zoning of this site to C-G is in the best interest of the City. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped 12/20/07, by Jeffrey McAllister, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Conceptual Site Plan: The applicant has submitted a conceptual development plan for this site (prepared by Robert Kubicek, dated 12/14/07, included in Exhibit A) showing how this site will redevelop with one 10,000 square foot multi-tenant building (depicted as "Shops A"), one 14,820 square foot building (depicted as "Major A"), and one 4,000 square foot building (depicted as "Pad C"). A drive-thru window is depicted on each of the buildings. Parking and access points to the site are also depicted. An existing ACRD park and ride lot is also shown at the northern boundary of the site that is proposed to remain. Staff is generally supportive of the submitted conceptual site plan for this property with the comments stated below. All parking stalls, drive aisles, landscaping, buffers, sidewalks, lighting, signage, Overland Village AZ-08-001 & VAC-08-001 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 building height and building setbacks for this site should comply with the applicable provisions and dimensional standards set forth in the Unified Development Code for the C-G zone. Design Standards: Because this site is located adjacent to Eagle and Overland Roads, both entryway corridors, the site and future buildings on the site are required to comply with the design standards listed in UDC 11-3A-19C. An application for Design Review approval shall be submitted with future CUP and/or CZC applications for buildings on this site. Building Elevations: Conceptual building elevations were submitted with this application (prepared by Robert Kubicek, dated 1/15/08, included in Exhibit A) showing how future buildings on the site may be constructed. As stated above, all future buildings are required to comply with the design standards listed in UDC 11-3A-19. Staff has performed a cursory review of the elevations and find they appear to meet the current design review standards. A detailed review of buildings on this site for compliance with design review standards will take place with future CUP and/or CZC applications for buildings on this site. NOTE: If the design review standards change, the applicant will be required to comply with the standards in effect at the time of CUP and/or CZC submittal. The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report, and with the requirements of the subject Development Agreement, and the design review requirements of the UDC. Site Layout: Staff has reviewed the concept plan and is generally supportive of the site layout; however, Staff would prefer that the parking area shown at the corner of the intersection be relocated north of the building labeled as "Shops A" for aesthetic reasons. Staff is including a Development Agreement provision to that effect. Drive-thru Establishments: The concept plan depicts 3 drive=thru windows on this site; one on each of the proposed buildings. Per UDC 11-4-3-11, drive-thru establishments require CUP approval if they are located within 300 feet of an existing residence or residential district or another drive-thru facility. There are also several specific use standards for drive- thru windows that are listed in UDC 11-4-3-11 that the applicant must comply with. The Police Department requests (see Exhibit B) that any and all drive through windows proposed on the site be approved by the Police Department. Because the only way for the PD to review and submit comments on a drive-thru is through the CUP process, Staff is including a provision in the DA that ALL drive-thru windows on the site be approved through the CUP process. Access: Although no development is proposed at this time, the conceptual development plan submitted with this application shows aright-in/right-out driveway access to E. Overland Road, classified as a principal arterial roadway, approximately 253 feet east of the Overland/Eagle intersection. Another full-access is proposed to Overland Road approximately 496 feet east of the Overland/Eagle intersection where Rackham Way is proposed to be relocated. Aright-in only access to the site with a deceleration lane is proposed from Eagle Road, classified as a principal arterial roadway, at the northern boundary of the site. Staff and ACRD are supportive of the full access point to/from Overland Road from S. Rackham Way; however, Staff is not supportive of the right-in/right- out access point to/from Overland Road or the right-in access from Eagle Road. ITD Staff is also not supportive of the right-in access from Eagle (see comments in Exhibit B). The Police Department is also supportive of limiting access points on Overland Road and Eagle Road. Staff would also like to see a road connection across the Eight Mile Creek provided for interconnectivity between the subject site and the property to the east. Staff is including a Development Agreement provision for the applicant to stub a drive aisle and pay for half Overland Village AZ-08-001 & VAC-08-001 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 the cost of the bridge, through a road trust, to provide this connection to the undeveloped property to the east. Waterways: The Five Mile Creek runs along the north boundary and the Eight Mile Creek runs along the east and north boundaries of this property. Per the Comprehensive Plan, these creeks should be improved and protected throughout commercial areas. Staff is including a DA provision to that effect. Landscaping: East Overland Road and S. Eagle Road are both classified as arterial streets and entryway corridors into the City; as such, a 35-foot wide landscape buffer is required along Overland & Eagle. South Rackham Way is classified as a local street; as such, a 10- foot wide landscape buffer is required. There are no existing residential uses that abut this site, which would require a buffer between land uses. All landscape buffers will be required by the City with future CUP/CZC approval and shall be installed prior to issuance of Certificate of Occupancy. Multi-Use Pathway: The proposed pathway network plan contained in the Master Pathways Plan shows a portion of the City's multi-use pathway running along the southern boundary of this site. This pathway should begin at the eastern boundary of the site, near/at the Rackham Way intersection, and continue to the Eagle Road/Overland Road intersection. The applicant should coordinate the exact location of the pathway with the Parks Department. This pathway will be required to be installed prior to the first Certificate of Occupancy on this site. Floodplain: A portion of this site along the northern property boundary is located within the floodway. A large portion of the north half of this site is also located within the 100- year and 500-year floodplains, in flood zones AE and X5, respectively. The proposed building locations are within this area. Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. Parking: For commercial uses, off-street parking stalls are currently required at the rate of one space per 500 square feet of gross floor area (UIDC 11-3C-6B). Parking on the site will be reviewed for compliance with UDC standards at the time of CUP and/or CZC approval. Also, no linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island per UDC 11-3B-8C. Development Agreement: iJDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Because this in only an annexation application with no development proposed at this time, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council believe additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within six months of Council approval to initiate this process. The DA shall include, at minimum, the following: • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. Overland Village AZ-08-001 & VAC-08-001 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 • The site and buildings on the site shall comply with all of the current design review standards listed in the UDC. A Design Review application shall be submitted with the CUP or CZC application (whichever occurs first) for future buildings on this site. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and design review approval from the Planning Department for all new construction on the subject property. • The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report, as amended herein, and with the requirements of the subject Development Agreement. • The applicant shall be responsible for all costs associated with sewer and water service installation. • The "Shops A" building shall be relocated so that the building is located neazer the Overland/Eagle intersection. Parking areas shall be located to the north and east of the "Shops A" building. • Any drive-thru windows proposed on the site shall be subject to the Conditional Use Permit process. • Direct access to/from this site from Eagle Road shall be prohibited. Access to the site shall be provided from one full access point to/from Overland Road via S. Rackham Way, as depicted on the conceptual site plan. The right-in/right-out access point to/from Overland Road and the right in from Eagle Road shown on the concept plan are not approved. • Prior to the first occupancy permit being granted, a minimum 35-foot wide landscape buffer will be required and shall be constructed along the entire frontage of E. Overland Road and S. Eagle Road, in accordance with UDC 11-3B-7. • A minimum 10-foot wide landscape buffer will be required and shall be constructed along the entire frontage of S. Rackham Way in accordance with UDC 11-3B-7. • Prior to the first occupancy permit being granted, a 10-foot wide multi-use pathway will be required on this property in accordance with the Master Pathways Plan. Said pathway should connect to the Eagle/Overland intersection and the relocated Rackham/Overland intersection, and continue to the east. Exact location of the pathway shall be coordinated with the Parks Department. • If not existing, sidewalks shall be constructed along S. Eagle Road, E. Overland Road and S. Rackham Way. • The applicant shall submit a road trust (to the City or ACRD, whichever is applicable) for half the cost of construction of a bridge over the Eight Mile Creek to provide interconnectivity between the subject site and the property to the east, prior to the first occupancy being granted on this site. • Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to conunencement of the work. • The Five Mile Creek, which runs along the north boundary, and the Eight Mile Creek, which runs along the east and nortll boundaries of this property should be improved and protected as part of this development, in accordance with the Comprehensive Plan. Overland Village AZ-08-001 & VAC-08-001 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 • The applicant shall work with ACHD to vacate the existing Rackham Way right-of- way and relocate any utilities accordingly. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any new use or change in use of the site. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). To ensure that all of the requirements of the Development Agreement as listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to building/parking lot construction, and all improvements must be installed prior to occupancy. 2. VAC Application: The applicant is requesting to vacate the existing right-of--way of S. Rackham Way and do a land swap with ACHD to relocate Rackham Way further to the east , as depicted in Exhibit C.2. This location is not only further from the Eagle Road intersection, but it aligns with the access point into Silverstone to the south. Rackham Way currently, and will continue to provide access to the park and ride lot on the north side of this site. There are no required UDC findings for vacation applications; ACHD is the lead agency responsible for the official vacation exchange of the Rackham Way right-of--way. In addition to vacation of Rackham Way, the applicant should vacate any utilities if any permanent structures are proposed to encroach. Staff is in support of this request and is recommending approval of the VAC application as requested by the applicant, as it is in the best interest of the public. b. Staff Recommendation: Staff recommends approval of the subject application AZ-08-001 (and VAC-08-001) with the Development Agreement provisions listed in the in Exhibit B of the Staff Report for the hearing date of February 21, 2008. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plan (dated: 12/14/07) 3. Conceptual Building Elevations (dated: 1/15/08) B. Agency and Department Comments C. Legal Descriptions & Exhibit Maps 1. Annexation and Zoning Boundary 2. Vacation Boundary D. Required Findings from Unified Development Code Overland Village AZ-08-001 & VAC-08-001 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 A. 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'011'.~SK I ~ ~ ~ IO,B^D 5 ~. nJb.. \ 4` ~.1~ ! 1 ~PAAC A I o ~ I ~ ( I ~ fiL=B ?: W I ~ , '\ ~~ I ` ~, eltb dstataneed D7 ~j P;~ ' ~ (~ ~ I.I i _ ---- l ]'1~ ; I ~ ei h ~~ \.• \ iw~ra uiC .°~u:. 7.7 w1~'^l te,a'~~r = o ^ \ \ wawanlee~ ONS: a g • t • ~ -f 1' L gV1E~Nt Iew _ L \•• ', I u:. ,oos++. C • I I u+alcew !` ~ c ~'{F. } I nyr.. wallah wp•. ,toac.-. ~ 9 ° S -~ dR Apnl\ Nva ®t ~,tGRRe.P•'~"•" ~ .. -~ _ _, \•-. ~ __ - *T.N Pn•t4:.O 1T°.I: In smtac 61~ipN :nv 9i z,., (~ nu YtuldC x~2`zrr Y~~ wcrrc~vwr_Inoa ~ ~ ~-- - % _'~'-~~_ ~- / qj_ i -.nwt r.Rw.e nmisar, sa xa+ctn - rna ~.1. tm !LcC+'sfllxq tl'~.1i I'Ie~.ISq• J :rsc~ OVERLAND ~• ROAD __ ""_"'"°`"'°"~'~°' '`""`° prsr~nary s~Ee Plan ~ n .~ .-. x~ 1 .~ .~ ~ , S r,W j~~ R.~,~'. T~F Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 3. Conceptual Building Elevations (dated: 1/15/08) ~ ~~t ~~~~ W~~c ~. "~-; ~ ~~~ ~-~;~ ~. n _- a .~ _._. ;~, 1 1 .1 _~,~. ="_ ..~ Ped C•Coneeptuaf6levotlon Exhibit A Page 3 I /`~,qq p~ S5 _. F C. ~9 O~m~. ~c~° ~ wo ~ ~~ U~ 3 B ~ E a -a 4 H t enelor a~onceofuei efevatton .om uw~.r S~ttolts n-conceatuae e~evatton CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 B. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description submitted with the annexation application (stamped 12/20/07, by Jeffrey McAllister, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and should meet the requirements of the Idaho State Tax Commission. 1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of the City Council approval to complete this process. The DA shall, at minimum, incorporate the following: • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The site and buildings on the site shall comply with all of the current design review standards listed in the UDC. A Design Review application shall be submitted with the CUP or CZC application (whichever occurs first) for future buildings on this site. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and design review approval from the Planning Department for all new construction on the subject property. • The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report, as amended herein, and with the requirements of the subject Development Agreement. • The applicant shall be responsible for all costs associated with sewer and water service installation. • The "Shops A" building shall be relocated so that the building is located nearer the Overland/Eagle intersection. Parking areas shall be located to the north and east of the "Shops A" building. • Any drive-thru windows proposed on the site shall be subject to the Conditional Use Permit process. • Direct access to/from this site from Eagle Road shall be prohibited. Access to the site shall be provided from one full access point to/from Overland Road via S. Rackham Way, as depicted on the conceptual site plan. The right-in/right-out access point to/from Overland Road and the right in from Eagle Road shown on the concept plan are not approved. • Prior to the first occupancy permit being granted, a minimum 35-foot wide landscape buffer will be required and shall be constructed along the entire frontage of E. Overland Road and S. Eagle Road, in accordance with UDC 11-3B-7. • A minimum 10-foot wide landscape buffer will be required and shall be constructed along the entire frontage of S. Rackham Way in accordance with UDC 11-3B-7. • Prior to the first occupancy permit being granted, a 10-foot wide multi-use pathway will be required on this property in accordance with the Master Pathways Plan. Said pathway should connect to the Eagle/Overland intersection and the relocated Rackham/Overland intersection, and continue to the east. Exact location of the Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 pathway shall be coordinated with the Parks Department. • If not existing, sidewalks shall be constructed along S. Eagle Road, E. Overland Road and S. Rackham Way. • The applicant shall submit a road trust (to the City or ACRD, whichever is applicable) for half the cost of construction of a bridge over the Eight Mile Creek to provide interconnectivity between the subject site and the property to the east, prior to the first occupancy being granted on this site. • Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. • The Five Mile Creek, which runs along the north boundary, and the Eight Mile Creek, which runs along the east and north boundaries of this property .should be improved and protected as part of this development, in accordance with the Comprehensive Plan. • The applicant. shall work with ACRD to vacate the existing Rackham Way right-of- way and relocate any utilities accordingly. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any new use or change in use of the site. 1.3 No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. 1.4 All future construction/uses on this site should comply with the provisions of City Code in effect at the time of submittal. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Overland Road. The applicant shall install mains to and through this subdivision. The applicant shall coordinate main size and routing with the Public Works Department and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E Overland Road. The applicant shall be responsible to install water connections. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190.. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fil'1 material. 2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the buildings footings are at least 1-foot above. 2.18 The applicants design engineer shall certify that all seepage beds out of the public right- of-way are installed in accordance with the approved design plans. This certification must be received by Exhibit C Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 the City of Meridian Public Works Department prior to the project receiving final approval. Commercial Projects 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are deternuned after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. MERIDIAN FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.4 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as Exhibit C Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 measured around the perimeter of the building. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirerent shall be 600 feet (183 m). 3.12 There shall be a fire hydrant within 100' of all fire department connections. 3.13 Buildings over 30" in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.14 The Fire Department is not supportive of the right-in access point to the site from Eagle Road shown on the conceptual site plan due to proximity of I-84 on-ramp. 3.15 The Fire Department recommends that the applicant be required to construct a road across the Eight Mile Creek to provide connectivity to the property to the east. 4. MERIDIAN POLICE DEPARTMENT 4.1 The Police Department requests that any and all drive through windows proposed on the site be approved by the Police Department. 4.2 The Police Department is not supportive of the right-in access point to the site from Eagle Road, shown on the conceptual site plan, due to proximity of I-84 on-ramp. 4.3 The Police Department supports limiting access points to Overland Road. 4.4 The Police Department recommends that the applicant construct a road across the Eight Mile Creek to provide connectivity to the property to the east. 5. SANITARY SERVICES COMPANY 5.1 Prior to issuance of a certificate of zoning cornpliance, that applicant shall submit an approved site plan from SSC. 5.2 Waste enclosure access: The applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 5.3 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 6. MERIDIAN PARKS DEPARTMENT 6.1 The Parks Department did not submit comments on this application. 7. IDAHO TRANSPORTATION DEPARTMENT 7.1 All access for this development should be from Overland Road with no direct ingress or egress from Eagle Road. Any access on Eagle Road at this location is not permitted as this is a full control of access section of highway. Any work (landscaping, noise abatement, etc.) within the Eagle Road right-of--way will require a permit from ITD. Exhibit C Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 8. ADA COUNTY HIGHWAY DISTRICT ACHD has submitted DRAFT comments pertaining to the AZ application below that will be applicable upon development of the site. DRAFT Site Specific and Standard Conditions of Approval are shown below for the VAC application. 8.1 Site Specific Conditions of Approval 8.1.1 Enter into aright-of--way vacation and exchange agreement with Ada County Highway District to realign the south portion of Rackham Way as proposed, so that it aligns with the private drive from Silverstone Subdivision on Overland Road. Dedication 42-feet ofright-of--way along the length of the new alignment. 8.1.2 Construct the portion of Rackham Way running through the site as a 29-foot street section with vertical curb, gutter, and 5-foot attached sidewalk on both sides. Install no parking signs on both sides of the street. 8.1.3 Close the curb return where Rackharn Way currently intersects with Overland Road and install vertical curb, gutter, and sidewalk in its place. 8.1.4 Dedicate additional right-of--way along Overland to achieve a total of 60-feet from centerline abutting the site. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or 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 District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 8.1.5 Construct four driveways and one drive-through entrance on Rackham Way as proposed, no wider than 36-feet with minimum 15-foot curb return radii. The driveways shall be no closer than 50-feet from the intersection of Overland Road (near-edge to near-edge). 8.1.6 Construct a stub street from Rackham Way to the west easement boundary of Eight Mile Creek, as a 29-foot street section with vertical curb, gutter, and 5-foot attached concrete sidewalk on both sides, all inside 42-feet ofright-of--way. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 8..1.7 Direct lot access to Eagle and Overland Roads is prohibited. 8.1.8 Make no cuts in Overland Road prior to March 2009, except as approved by the District Pavement Cut Committee. 8.1.9 Comply with all Standard Conditions of Approval. 8.2 Standard Conditions of Approval 8.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 8.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 8.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 8.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 8.2.5 Comply with the District's Tree Planter Width Interim Policy. Exhibit C Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 8.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 8.2.7 All design and construction shall. be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 8.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) 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 construction. 8.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8.2.13 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 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit C Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 C. Legal Descriptions & Exhibit Maps 1. Annexation and Zoning Boundary TOOTHMAN-ORTON ENGINEERING COMPANY OOMSULTiNG E[~GINEERfb st1RVEYORS AND Pi.ArJN~RS 9777 CHINDEN t30ULEV.~RO BOISE, I DAliO 83714-2008 309.323.2288 • FAX 208.3:3-2399 beuse~roen8rco.com Project No: 07'212 Date: December 19, 2007 Page: 1 of 2 E7~C.F~iT uA» Annexation Description A. parcel of land, located in the Southwest Quarter of Section 16, 'township 3 North, Range 1);ast, Boise Meridian, Ada County, Idaho, described as follows: BFG'~iYll`TG at the corner common to Sections 16, 17, 20 and 21, froth which the quarter corner common to Sections 16 and 21 bears 5.89°22'S4"E., 2665.07 feet; thence, along the West line of said Suction 16, I) N.00°49'23"W., 810.16 feet; thence, 2) N.89°IQ'37"E., 93.61 feet to a point on the westerly Line S. Ractdtatn Way; then-ce, along the northeasterly and easterly lire of an 1.8132 acre parcel of land conveyed to the Adm County Highway District by Deed Instrume>rt No. 102103903, the following courses: 3) S.SI°26'41"E., 263.62 feet; thence, 4) S.00°24'06"W., 140.10 feet to the northwest corner of Parcel II of Deed Instrument No. 1060561.40; thence, along the northerly line of said Parcel IT and the Northerly line of Parcel I of said Deed I:nsMtment No. 10605b 140, 5) 5.66°51'54"E., 241.30 feet to an angle in the northeasterly line of said PamcJ I; thence, along the northeasterly line of said Parcel I, 6) 5.36°53'00"E., 456.34 feet to the North right~~f--way line of Overland Road; thence, 7) 5.04°3706"'VJ., 48.00 feet to the South line of said Section 16; thence, along said South line, 8) N.89°22'S4"W., 800.84 feet to the POINT OF BEGINMNG. CONT'AII\II~rG: 9.06 acres, more or less. See attached Exhibit "B"-Annexation Map, which is hereby made a part of this description. This desoriptioa was prepared from. dead information and is not the result of a survey made on the. ground by Taothmao-Orton Engineering Co. This description is subjectto change at such tithe as a survey is made on the ground. Toothman-Orton Engineering Co. assumes no liability far its accuracy. ~j,y ~escrintion is not for t>:cordine. H_1072121WPfitrsISURVEY1E~d~A- ANNEXATlDM,®oe BOISE • COEUR d'At.E[YE • CALU4VI;LL Exhibit C Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 I f 7 1 ff EXHIBIT "B"-ANNE~~iTION MAP °'s~ A PORTION OF THE ew~~ SW 1/4, SECTION 16, 1 TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M. 1 I ~ zB ADA COUNTY, IDAHO ,~ I B~. I 1 1` 1 ~ as cowar \ HIGHWAY DIS~TtICf ~, Npl LAND ;, 1 \ Or~+d.,iozta141u SS~~ G1STEq SGq` o , ~ oc ~~. ~~, fo ~ I S m. N~~ ~s'~ f ~R~ 731,~6•~~ P4 I \ ~ ~ 1 \ ,~, p lF O f ~pP \~~l ~ ~ 1 \ ~ H. Mc P~~" I ~ 1 ~ ~I \ ANNEXATION BOUNA6RY I 1 7 11 - - PARCEL EId1NOARY '~ I S \ a~ - - - - - - R.O.W. OR AOJOdFR ~ ( PARCEL ~ \ ~. - • - • - • - ~ - SECTIOLNL UCIE N 1 411183]0{21 II Qj(E,~ O ANOIE POINT a'. 1 1 II PARCEL \ F ~Q PARCEL dl I 41118338105 \ ~i"!1' IOFID P1SiRlOtENf N0.1 PARC0. Z 108058140 \ 51118338133 1 I PARCEL B ~') 1 1 P 0® OJ97RUYEM ND. \ PARC0. 1 y 1080881/0 \ GEED CKTRUMENf NO. t \ 108058140 POINT OF BEG8a1NING' ~ _ _ _ _ ~__-~- 17 16 -~-- ------- OVERLAND ROAD gpG,gq• t 6 zo zt N 99.22 ss w ssss.or • ~- . - . -~ 21 ~ 75 150 300 450 LINE TABLE LINE BEARING LENGTH Ll N89'10' 93.61 L2 SDO'2 140.10 L3 soo•37•06 ae.oo TOOTHMAN-ORTON ENGINEERING CO. ENGINEERS SURVEYORS PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 FAX: 208-323-2399 E-fRL:Fh\07212~Ex1i8-MnavGdnDKG DNE:12/20/07 JO@0721285-10U Exhibit C Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 2. Vacation Boundary TOOTHMAIV-ORTON ENGINEEIUlIG COMPANY CONSULTtM7 ENOtNEt?RS, SURVEYOR; AND PLANNERS 9777 CI-IINDEId 80ULEV4RD BOISE, IDANO B371q-2008 2os-323-2288 ~ FAx 2A8.3!3.2399 boFse®ro~grm.c°m Project No: 07212 bate:l7ecet»ber 19, 2007 Page: 1 of 2 ~~~• u~u Vacation Description- A Portion of S. Raclduun Way A variable width portion of rift-of--way, located in the Southwest Quarter of Section 16, Township 3 North, Range 1 East, Boise Vleeidian, Ada County, Idaho and being a portion of a 1.8132 acre parcel of land conveyed to the Ada County Highway llistrict by Tweed Instrument No.102i03903, described as follows: COMMENCING at the corner common to Sections 16, 17, 20 and 21, from which the quarter corner common to Sections 16 and 21 bears 5.89°22'54"E., 2665.07 feel; thence, along the South line of said Section 16, A) 5.89°22'54"$:, 2t;2.42 feet; thence, B) NAO°37' 16"E., 66.00 feet to a point on the northerly right-of--way of Overland Road, marking the POIl11T` OF BEGIil~''R+11VG, said point being the Southeast comer of said 1.8132 acre parcel of land; thence, glong said northerly right-of way line, 1} N.89°22'S4"W., 60.00 feet to the Southwest comer ofsaid 1.8132 acre pamrel; thence, along the westerly line of said 1.8132 acre parcel the following courses and distances: 2) N.00°49'25"W., 234.00 feet to the beginning of a tangent curve; thence, 3) Northwesterly along said curve to the leR, having a radius of 27I.56 feet, an arc length of 199.06 feet, through a central angle of 42°00'00", and a long chord that bears N.21 °49'2.5"W., 194.64 feet to the beginning of a tangent curve; thence, 4) Northwesterly along said curve to the right, having a radius of 304.95 feet, an arc length of 222.73 feEt, through a central angle of 41 °50'53", and a long chord that bears N.21 °53'58"W., 21.7.81 feet; thence, leaving said westerly line, 5) N.89°10'53"E., 9.00 feet to the beginning of anon-tangent crave; thence, 6) Southeasterly along said carve to the left, having a radius of 295.95 feet, an arc length of 216,13 feet, through a central angle of 41 °50'36", and a long chord that bears S.2I °54' 07"E,, Z i ] .36 feet to the beginning of a tangent curve; thence, 7) Southeasterly along said curve to the left, having a radius of 216.38 feet, an arc length of I 15.99 feet, through a central angle of 30°42'47", and long chord that bents 558°10'49"E., 114.60 feet; thence,. 8) S:73°32'12"E., 2.0? feet to the beginning ofanon-tangent curve; thence, 9) Southeasterly along said curve to the right, having a radius of 331.56 feet, an arc length o£ 1.28.49 .feet, through a central angle of22°12'15'; and a long chord that bears S.1 I°55'32"E , 127.69 foot; thence, along a line tangent from said curve, 10) S.00°49'25"E., 235.51, feet to the POINT OI? ~>•GINYING. Ha87212tWPfil'rs~SURVEYtiExhA-RO.W. VACATION.Qoe 130TSE COEUR d'ALEt`1E •rrILDVV);LL Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 TOO~'HMAN-ORTON F~YGLNF~RIlVG OOMPANY :Project Mo: 07212 bate: December 19, 2007 Page: 2 of 2 Exhibit C CONTAII`IING: 0.58 acres or 25,458 sguare feet, more or less. See Exhibit "B"-RO.W. Vacation Map, wfuch is Iterehy made a part of this descriptiotz 'lTzis description was prtparcd from deed information and is nat the resuh of a survey made on the ground. by Toothman-t3rton Engineering Co, -['h9g description is subject ~o change at such dme as a siuvsy is made on tfie ground. Toothman•Orton Engineering Co. assumes no liability for its accuracy. his dtsca-t Gan is not fnr_ rec_rding_ p r :, ,.. H:10y2121VJPfitcslSilRy~fiq_ R_O_W. VACATION.doc Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 II ~ ~ .~ ~ r i ANNE1fAT6)N BOUNOARI' - PARCEL BOUNDARY -- -- R.O.W. OR AOUOiNER -' ~ - sEC1roN,u u/a: ANpE PO6rt vacnTEB R.o.w. ~ ~% \ n Adl COUNTY H1t1HWAY O61RICi OEEp N9TRLLUENf io N0. 1 0]80.} 0 ~ \ i ~ Pv I o C v PAlsei Stt.16]]6421 PARCEL 10 ~i DFFO INSIRVUENf N ' ~° / ° 0. . I iii..I /~~~.. 10809614D ~~j~ // t~ ~ is 2a 2t 0 75 L- I Y50 , 300 ~ 450 Exhibit C E~iIBIT '~"- R.O.W. VACATION MAP A PORTION OF THE SW 1/4, SW 1/4, SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M. ADA COUNTY, IDAHO ~G g~\F c'~K \ \ PARCEL 91116J381O] ~c~~ /ANAL Lq p~ s /~~ QEg1S1FgF, G~< 731 ~ ~~ s9~/zo/bT~o ~~ ,r.~ lf. OF \QP \yti ~y H. McP~~' PARCEL \ \ S111BS]649] PARCEL 0 C® 04STRUNENi !~, \ PARCEL I 108068140 OEm INBRtUNENf N0. 108]96140 _ _ ~'POINr of e£cwAtlNC~ CURVE TABtE Ct LENC111 RAOIU9 DELTA TANCEM LNORD BFN6NG • ~ CJ 4 80' a .B u 1 ] . . os a • .60• ssa UNE TABLE l0E BEIRINO ~yl Ll ~. 0. ~ N00'a ' U L4 S00' l3 ~G t s asss.oT• ~-~- 2t TOOTHMAN-ORTON ENGWEERING CO. ENGWEERS SURVEYORS 9777 CHINDEN BOULEVARD BOISE, IOAHD 83714N2008 PHONE: 208-323-2288 FAX: 208-323-2399 E~7U:• H\07212\ExhB-RO,B, wE_pWG 6gTE;11/10/07 ,W907212 8100 Page 3 CITY OF MERIDIAN PLANI~IING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 B. Required Findings from Unified Development Code 1 • Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone all of the subject property to C-G. Staff finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that retail stores and restaurants are principal permitted uses within the requested C-G zone. There are also several uses in the requested C-G zone that can occur with conditional use permit approval. Staff finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, Staff finds that Annexation and Zoning of this property to C-G would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D Page 2