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HomeMy WebLinkAboutVerona Commercial RZ-07-017 PP-07-022FECE~D MAR 0 5 200 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER pity ®f Meridian pity Clerk ®ffice E IDIAN iDawo In the Matter of Rezoning 5.29 acres from R-8 (Medium Density Residential) to C-G (General Retail and Service Commercial) (1.62acres) and L-O (Limited Office) (3.67) acres); Preliminary Plat of 12 commercial building lots and 2 other lots on 18.82 acres in the C-G and L-O zoning districts for the Verona Commercial Subdivision, by Primeland Development, LLC. Case No(s). RZ-07-017 and PP-07-022 For the City Council Hearing Date of: February 26, 2008, (Findings on the March 18, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 26, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 26, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 26, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 26, 2008 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AIVD DECISION & ORDER CASE NO(S). RZ-07-017 and PP-07-022 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 26, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 5, 2007 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 26, 2008 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-0i 7 and PP-07-022 -2- the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Attached: Staff Report for the hearing date of February 26, 2008. By action of the City Council at its regular meeting held on the ~ day of ~~ , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED irJv~"`^''"' COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED . ,~ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) l~ \\MaYq~, Ta , de,Weerd O~ Attest: ~ ~~ ' C)' '; 0 ~~,'~~ Jaycee Ho man, City Clerk ~ ~~' 1 ~ `` Copy served upon Applicant, The Plannir4~~d~~y~~~,t;>ip,~'P, Public Works Department and City Attorn B Dated: 3'a5-4~ Ity Clerk's ffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-017 and PP-07-022 -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 STAFF REPORT Hearing Date: February 26, 2008 TO: Mayor and City Council E IDIAN~ FROM: Bill Parsons, Associate City Planner I D A H O 884-5533 SUBJECT: Verona Commercial • RZ-07-017 Rezone 5.29 acres from R-8 (Medium Density Residential) to C-G (General Retail and Service Commercial) (1.62acres) and L-O (Limited Office) (3.67) acres). • PP-07-022 Preliminary Plat of 12 commercial building lots and 2 other lots on 18.82 acres in the C-G and L-O zoning districts. f ~ "°-°~~ ~.,~.a:-.:.,:°~ NOTE: The development agreement for this site is being modified under a separate staff report.. Please see the Verona and Bridgetower Crossing miscellaneous staff report (file #'s MI-07-013 & MI- 07-014) for details re arding the development agreement for this site. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Primeland Development Group, LLC has applied for a Rezone (RZ) of 5.29 acres from R-8 (Medium Density Residential) to C-G (General Retail and Service Commercial) (1.62 acres) and L-0 (Limited Office) (3.67 acres) and preliminary plat approval of 12 commercial building lots and 2 other lots. T''° ~ ~'~°~~* ~ °'~^ ~° °~«:~^ *^ -~°a:~. *,~° ° =~~----- a--_...,_____. -rr---------- -- -'rr-_.. _.-, ..»'_ ' ..................... ............... .........,...................w ........~ ..... ~....uoa vvai-zv-r The applicant submitted a conceptual site plan illustrating how this site may be developed with a mix of retail and office uses. The submitted site plan depicts a total of 10 building pads varying in uses from convenience store/gas station, drive through businesses, professional offices and neighborhood retail. On the submitted concept plan, the applicant is proposing eight full-access driveways, one right-in and right-out driveway and two full-access public streets for the proposed development. The public streets are already constructed and accepted by ACHD. The proposed driveways are expected to align with existing and future driveways or public streets adjacent to the proposed development. Please see the Analysis section below for more on the submitted conceptual site plan. The subject property is located at the northeast corner of W. McMillan Road and N. Ten Miie Road in Section 26, Township 4 North, Range 1 West, B.M. Currently, the site is vacant land and Verona Commercial -RZ-07-017 / PP-07-022 / t~,rT=+=:-~~ PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 the applicant intends to construct a commercial development. The subject property is within the City's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (1tZ-07-017, PP-07-022) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the 12Z, PP applications. Staff is recommending that the RZ and PP EMI applications be approved with the conditions listed in Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard these items on December 6, 2007. At the public hearing the Commission moved to recommend approval of the subject RZ and PP request. a. Summary of Commission Public Hearing: i. In favor: Chuck Christensen, Applicant's Representative ii. In opposition: Gary Payne (Resident of Verona) iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons ~vi. Other staff commenting on application: Bill Nary b. Kev Issue(s) of Discussion by Commission: i. The Commission discussed the impacts of the through traffic entering the surrounding residential neighborhoods; concerns raised by Mr. Payne. The majority of the Commission felt the commercial project would not impact the residential neighborhoods. Furthermore, it would provide access for the residents of the Verona community rather than forcing them out on arterials to access the commercial development. ii. The access points along Ten Mile and McMillan. iii. The history of the commercial lots for the proposed development. iv. The planned intersection improvements at Linder and McMillan. c. Kev Commission Change(s) to Staff Recommendation: i. Modification to Condition 2.15: delete the reference to the Fair Housing Act. As there is no housing proposed with this development. d. Outstanding Issue(s) for City Council: i. Staff is recommending that a driveway access be stubbed to the eastern property boundary of the two office lots (east of Cortona Way) for future connectivity with the adjoining commercial property. Staff requests that an additional provision be added to the new Development Agreement being proposed with the Verona and Bridgetower Crossing miscellaneous staff report (file #'s MI -07-013 & MI-07-014) and that the subject preliminary plat conditions be consistent with that request. NOTE: Staff did not include this requirement in the report to the Commission, but believes it is important for inter-connectivity. Staff has contacted the applicant and they would prefer to not provide this cross-access. ~, um marv of Citv ouncil Public H .arino~ i. In favor: Cornel Larson 11. III opnosition: None 111. Commenting: None 11. Written testimony: None Verona Commercial -RZ-07-017 / PP-07-022 /1141;--A7-A~-~ PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 ya Staff presenting anolication: Anna Canning Yl. Othe r staff commenting on application: None 1L. Key Issues of Discus sion by Counci: i. The Deve new DA provisions proposed for the Verona Commercial lop 11. Prov iding cross access from the southern office lot located east of W. Mila no Drive to the vacant commercial arcel east of the site ~, Key Council Change p . s to Staff/Commission Recommendation i. ha c to the DA provisions will be undated in the Miscellaneous Staff Re ~(file #'s MI-07-013 and MI-07-0141. ii. Mod ify condition 1.2.7 to provide cross access from the southern office lot lo cated east of W. Milano Drive to the vacant commercial parcel east of th e site. This provision has been included to the DA provisions for the Vero na Commercial DA. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- 07-017 and PP-07-022 as presented in the staff report for the hearing date of February 26, 2008, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 017 and PP-07-022 as presented during the hearing on February 26, 2008, for the following reasons: (State specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number RZ- 07-017 and PP-07-022 ^^'' r~r ~~ X12 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northeast corner of W. McMillan Road and N. Ten Mile Section 26, T.4N., R.1 W. b. Applicant: Primeland Development Group, LLC 3120 W. Belltower Drive, Suite 100 Meridian, ID 83646 c. Owner: Same as applicant d. Representative: Chuck Christensen, Quadrant Consulting, Inc. e. Present Zoning: C-G (General Retail and Service Commercial District) and R-8 (Medium Density Residential) £ Present Comprehensive Plan Designation: Commercial and Office Verona Commercial -RZ-07-017 / PP-07-022 / ""'r ^~;~ PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 g. Description of Applicant's Request: The applicant has applied for a Rezone (RZ) of 5.29 acres from R-8 (Medium Density Residential) to C-G (General Retail and Service Commercial) (1.62 acres) and L-O (Limited Office) (3.67 acres) and preliminary plat approval for 12 commercial building lots on 18.82 acres of land in a C-G and L-O zone. 1. Preliminary Plat, labeled Sheet C-1, prepared by Quadrant Consulting, dated 10/5/07 (attached in Exhibit A) 2. Landscape Plan, labeled Sheet L-1, prepared by Harvest Design, dated 10/5/07 (attached in Exhibit A) 3. Concept Plan (attached in Exhibit A) h. Applicant's StatementlJustification: The applicant is requesting preliminary plat approval for 12 commercial building lots and two other lots on 18.86 acres of land in existing and proposed C-G and L-O zones. The rezone is being requested to have the office portion of the development be consistent with the City's future land use map for this property. A Development Agreement modification is also requested to amend the portions of the agreement that limit the number of office lots within the development. As part of the Verona No. 2 approval, office uses were permitted as use exceptions. To date, six office lots have been created and zoned appropriately at the northeast corner of Cortona Way and Ten Mile Road. This is also the maximum number of office lots allowed under the current DA. The developer would like to re-subdivide the office portion of the development which would increase the number of allowed office lots to nine. The commercial portion of the plat was original approved with the Bridgetower Crossing preliminary plat and is regulated by the Bridgetower Crossing DA. The applicant would now like to incorporate the C-G portion of the development into the Verona DA. The new development agreement for Verona would read: Construction and development for a Planned Development consisting of 146 detached single family homes, 20 townhomes, 9 office lots, 16 open space lots and 10 commercial lots including addition to Community Park. 5. PROCESS FACTS a. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-2A-2D, a public hearing is required before the Commission and the City Council on this matter. d. Newspaper notifications published on: November 19, 2007 and December 3, 2007 (Planning and Zoning Commission); February 4, 2008 and February 18, 2008 .(City Council) e. Radius notices mailed to properties within 300 feet on: November 9, 2007 (Planning and Zoning Commission); February 1,.2008 (City Council) £ Applicant posted notice on site by: November 26, 2007 (Planning and Zoning Commission); February 16, 2008 (City Council) 6. LAND USE a. Existing Land Use(s): The site is currently vacant. Verona Commercial -RZ-07-017 / PP-07-022 / ""'~~ PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 b. Description of Character of Surrounding Area: There are existing single-family homes to the south and east of this development with conunercial development to the south as well. The area is rapidly transitioning from a residential development to commercial development. c. Adjacent Land Use and Zoning: 1. North: Vacant office lots and Single family residential, Verona No.2 and 3; zoned L- O and R-8 2. East: Vacant commercial land; zoned R-4 3. South: Bridgetower Marketplace and Single family residential (Bridgetower Crossing No. 7); zoned C-G and R-4 4. West: Vacant, Volterra Subdivision; zoned C-G d. History of Previous Actions: • In 2001, this portion of the property was annexed and zoned C-G (AZ-01-003). The five commercial lots were conceptual approved with the Bridegtower Crossing Planned Development (CUP-O1-006). And is tied to the Bridgetower development Agreement recorded under instrument # 101 1 1 7652. • A portion of this property was annexed in 2003 (AZ-03-005) under the name of the Verona Subdivision. As part of the approval, the City Council granted a use exception for the 6 office lots. A Development Agreement (Inst. No. 103097612) was recorded at the time of annexation that required the site develop as a Planned Development. • In 2003, the Final Plat for Verona No. 2 (FP-03-.050) was approved by City Council and included the platting of the 6 office lots. • In 2005, three platted office lots on the north side of Milano Drive were rezoned from R-8 (Medium Density Residential) to L-O (Limited Office) (RZ-OS-006) and re- subdivided into 6 office lots (FP-OS-046). e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is serviced from two existing stubs located in N Ten Mile road. Location of water: This property has existing stubs from N Ten Mile Rd, W McMillan Rd, N Cortona Way and W Milano Dr. Issues or concerns: None 2. Vegetation: None 3. Floodplain: NA 4. Canals/Ditches/Irrigation: The McMullen Well and McMullen Lateral are located on this site. The McMullen Lateral was tiled with earlier phases of the development. 5. Hazards: None known 6. Proposed Zoning: C-G (General Retail and Service Commercial) and L-O (Limited Office) Verona Commercial -RZ-07-017 / PP-07-022 / "~T~^,'-P^'~ PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 7. Size of Property: 18.82 acres £ Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 12 3. Total Building Lots: 12 4. Common Lots: 0 5. Other Lots: 2 6. Total Lots: 14 7. Open Lots: 0 8. Residential Area: NA 9. Gross Density: NA g. Landscaping: 1. Width of street buffer(s): UDC 11-2B-3 requires a minimum 25-foot wide street buffer along N. Ten Mile Road and W. McMillan Road. Landscaping shall be provided in accordance with UDC 11-3B-7, Landscape Buffers Along Streets. 2. Width of buffer(s) between land uses: A 25-foot wide buffer is required along the north boundary of the Lot 39, Block 10 adjacent to the existing residential subdivision. An existing 30' landscape buffer was installed with the platting of Verona No.2 (FP- 03-050 as depicted on the submitted landscape plan. 3. Parking lot landscaping: Perimeter and internal parking lot landscaping is required on all lots that are zoned C-G and L-O, in accordance with the standards listed in UDC 11-3B-8C. Perimeter and internal landscaping on these lots will be reviewed for compliance with UDC standards with submittal of Certificate of Zoning Compliance applications for each building. 4. Other landscaping standards: N/A h. Dimensional standards for the GG and L-0 zone per UDC 11-2B-3: Minimum Dimensional Standards (in feet unless otherwise noted) Proposed Required Front setback* 0 0 Rear setback* 0 0 Interior side setback* 0 0 Maximum building height 65 65 Maximum budding slZe (without design standard approval) 200,000 s.f. 200,000 s.f. * All setbacks shall be measured from the ultimate right-of--way for the street classification as shown on the adopted transportation plan. No changes to the dimensional standards in UDC Table 11-2B-3 were requested or approved with this application.) Minimum Dimensional Standards (in feet unless otherwise noted) Verona Commercial -RZ-07-017 / PP-07-022 / """T~.n--~;~ PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF FEBRUARY 26, 2008 Proposed Required Front setback* 20 20 Rear setback* 20 20 Interior side setback* 10 10 Maximum building height 35 35 Maximum building size (without design standard approval) 10,000 s.f. 10,000 s.f. * All setbacks shall be measured from the ultimate right-of--way for the street classification as shown on the adopted transportation plan. No changes to the dimensional standards in UDC Table 11-2B-3 were requested or approved with this application.) i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access tc this development will be provided from eight full-access driveways, one right-in/right-out driveway and two public streets which were approved and constructed with Verona No. 2. Six of the driveways will take access from W. Milano Drive and N. Cortona Way. The remainder will provide access to McMillan and Ten Mile, both minor arterials. Across-access agreement should be recorded for all of the commercial lots within the proposed subdivision to share the access points and drive aisles to McMillan Road and Ten Mile Road. Other than the access points approved with this application, direct lot access to W. McMillan and Ten Mile Road should be prohibited. The Planning Department and ACRD are supportive of the proposed access points to the subdivision, per the conditions listed in Exhibit B of the staff report. 7. COMMENTS MEETING On November 16, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" and "Office" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors and "Office" areas are anticipated to provide opportunities for low-impact business areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner.• - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resources and personnel with the Meridian Rural Fire Department. Verona Commercial -RZ-07-017 / PP-07-022 / 1~~1-3 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) The applicant is required to install and maintain landscaping within the street buffers located along Ten Mile Road and W. McMillan Road in accordance with UDC 11-3B-7. A 25 foot wide buffer is required along both roadways. • "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." (Chapter IV, Goal I, Obj. A, #6) Urban services including sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the future retail and office uses on this site will contribute to the variety of uses in this area. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is not required to install internal landscaping with the subject preliminary plat application; however, street buffer landscaping is required with this application. Internal landscaping will be required upon development of each lot within the subdivision with CUP and/or CZC approval. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (Chapter VII, Goal N, Objective C, Action 1) The Applicant is proposing a commercial zone adjacent to established residential areas. The existing residential areas will be buffered from the more intense commercial uses with office lots along the northern and eastern property boundaries. In addition to the transitional zoning, the applicant has already installed a 30 foot landscape buffering the office lots from the residential uses. Staff finds the proposed commercial development will be compatible with the surrounding residential uses. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: Verona Commercial -RZ-07-017 / PP-07-022 / "~T~' ^' ~ PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 • "The capacity of arterial ...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACRD to minimize access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) The existing public street connections to Ten Mile and McMillan were approved and constructed with Verona Subdivision No. 2. The applicant is proposing three additional driveways; one right-in/right-out only access onto Ten Mile and two full-access driveways to McMillan. Staff is supportive of theses access points as they align with existing and future driveways and public streets adjacent to the proposed development. • "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). A cross-access agreement will be required as part of this subdivision approval. A majority of the proposed access points are located along W. Milano Drive and N. Cortona Way. • Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) Staff is supportive of the applicant's proposed driveways. Each driveway aligns to existing and future driveways or public streets and provides excellent connectivity to the surrounding residential neighborhoods and commercial developments in the area. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table 11-2B-2 lists a variety of uses that are principal permitted, accessory, conditional, or prohibited within the C-G and L-O zoning districts. 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 REZONE ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Commercial and Office, Staff believes that the requested C-G and L-O zoning designations are appropriate for the subject property. The office area was granted as a use exception for the Verona Subdivision but is currently zoned R-8. The applicant is proposing to zone the land to match the land use and match the existing office portion of the development with the City's Comprehensive Plan by rezoning 3.67 acres to L-O. As part of the rezone, the applicant has also requested that 1.62.acres of the approved office area be rezoned to C-G and integrate that acreage with the existing C-G zoned property to the west so all of the area south of Milano Drive and west of Cortona Way is zoned C-G. Staff is supportive of this request as there is significant buffing from the residential to the northeast with the existing Public Street and office use. There are also sufficient landscape buffers which Verona Commercial -RZ-07-017 / PP-07-022 / "~T~n PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 should provide adequate buffering as well. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal descriptions submitted with the application (stamped on October 3, 2007 by Peter W. Lounsbury, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. As part of annexation into the City for both the Bridgetower Crossing and Verona developments, the developer was required to enter into a development agreement. The development agreement for this site is being analyzed under a separate staff report. Please see the Verona Commercial and Bridgetower Crossing miscellaneous staff report for details regarding the development agreement for this site. ~e th i,e .. °a ..i + i ~ nio.,~o ~oo ~.,i.:i.:+ n i i z F .... oa ran .. ~~ PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed commercial subdivision. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the C-G and L-O zones per UDC Table 11-2B-3: There are no minimum setbacks, lot size, or street frontage requirements for lots in the C- Gzone; however the L-O zoning District requires minimum setbacks of 20' front and rear and 10 foot side yard setbacks. The maximum building height allowed in the C-G zone is 65 feet and the maximum allowed in the L-O zone is 35 feet. The maximum building size allowed without design standard approval is 200,000 square feet for the C-G zone and 10,000 square feet for the L-O zone. Future buildings proposed on the subject lots shall meet the minimum dimensional standards listed in UDC 11-2B-3 and #6h above. Concept Plan: The applicant has submitted a concept plan for the development. The site is expected to develop with a variety of commercial and office uses on the site. Even though there are 12 lots proposed with the preliminary plat, the submitted site plan only depicts a total of 10 building pads. The uses vary from convenience store/gas station, drive through businesses, professional offices, large box retail and neighborhood retail. The submitted concept plan does not indicate the amount of total square footage proposed for the site. Staff is limiting the development to not exceed 200,000 total square feet of non-residential uses on the site (this is 25% of the gross area of the land). Further, staff is recommending that no one building exceed 50,000 square feet. Staff is generally supportive of the concept plan, but believes a few of the proposed buildings on the site Verona Commercial -RZ-07-017 / PP-07-022 / 3 PAGE I0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 plan could be located closer to the roadways to provide the majority of the parking internally to the development. Staff is recommending at least two buildings not have any parking between the building on McMillan and/or Ten Mile. If this change is made staff is supportive of the concept plan. Landscaping: The entire perimeter landscaping along W. Milano Drive and N. Cortona Way has been installed with the approval of Verona Subdivision. The applicant has also installed the required landscape buffers where the commercial uses adjoin the residential uses. As part of this application approval, the applicant will be responsible for installing and maintaining the 25 foot landscape buffers along W. McMillan Road and N. Ten Mile Road. The submitted landscape plan complies with city code. Proposed Streets and/or Access: Access to this development will be provided from a total of eight full-access driveways, one right-in/right-out driveway and two full-access public streets to N. Ten Mile and W. McMillan. The applicant is proposing four full- access driveways from W. Milano Drive and N. Cortona Way to the commercial portion of the development. Two additional driveways for the office lots are proposed east of the commercial portion of the development. Two full-access driveways are also proposed for access onto McMillan and aright-in/right-out driveway is proposed for additional access to Ten Mile. As mentioned earlier, all of these driveways are expected to align with existing and future public roadways and driveways. Staff and ACHD are supportive of the proposed driveways because of the future connectivity with current and future develops. All commercial lots within the subdivision should have access to the access points approved in this application. The agreement should also allow for cross-access/parking between the C-G lots within this subdivision. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat (see Exhibit B of the staff report). Elevations: The applicant has provided staff with sample photos illustrating what the types of buildings are to be constructed on the site. Staff has selected six photos that portray the quality and design expected for the proposed development. These buildings are constructed with stucco finishes with varying roof heights, color changes and stone accented pillars and facades. The submitted photos show substantial building modulation and an abundance of glazing on the front facades. Staff believes that this is a good pallet for the developer to work from and has included these design features in Exhibit B of the Staff Report. Future buildings shall substantially comply with the construction materials and design elements shown in these elevations. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If asingle-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing: The Applicant is not showing any fencing on any of the submitted plans. Permanent fencing is not required for commercial subdivisions. However, if permanent fencing is not provided, temporary construction fencing to contain debris must be Verona Commercial -RZ-07-017 / PP-07-022 / ""Tm ^r-~;~ PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 installed around the perimeter prior to issuance of a building permit for this site. b. Staff Recommendation: Based on the above analysis, staff finds that applications RZ-07-017 and PP- 07-022 R- "'gin substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends that the RZ and PP awl-~-~I applications be approved with the conditions stated in Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard these items on December 6, 2007. At the .public hearing the Commission moved to recommend approval of the subiect RZ and PP request. The Meridian Citv Council heard these items on February 26.2008. At ouucil annroved the subiect RZ and PP reaues 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat, prepared by The Land Group, labeled Sheet C-1, dated 10/5/07 3. Landscape Plan, prepared by Harvest Design, labeled Sheet L-1.0 dated 10/5/07 4. Concept Plan 5. Elevations B. Conditions of Approval 1.. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settler's Irrigation District C. Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Code Verona Commercial -RZ-07-017 / PP-07-022 / "~'~.n-^ ~~ PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 1. Vicinity Map ~-. . -. a ._ ~ W MALTA DR W ANATOLE DR e~ W REVENNA 5T p W RAVENNA ST >- 3 Q W CEDER ~ W CEDER GROVE ST GROVE 5T w ~ Q Z 3 W DITCH CREEK ST z U O W DMDE GREEK DR z 3 W DIVIDE GREEK ST W WAPOOT ST w Q ~ 2 w W MrLANO OR 2 ~o ~~ oZ 'p Vii-. ~~ W TUTRIN CT PROJECT AREA McM1LLAN ROAD ^ ^ VICINITY MAP ^^Quadrant Consulting, Pnc. ADA COUNTY SEC. 26; T-4N; R-1'W IDAHO - - - ~90e VI OVERLAND ROAD B is Id b 8J705 SCALE: ° PROJECT ND. DATE: PACE: o a, a o (ZOB) Jag-0092 RHONE (toe) 3e?-0092 FaX Y =J00~ 395-03 08/15/2007 SHEET 1 OF 7 GNL ENpMEER(NG°AIFI£nNC-CONS7HVCIIQN NAN~CEYEN7 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 2. Preliminary Plat ~,.o.,~.b_ .a.~.:o a.o.,~ vu~5uf;~ ~uop '•1° .U.NfTQJ VQV ''M i '8 ''N f '1 `9S Nf]f1D3S _ _ _ pp 1'V pipp~^^ lVTd .UlVN1iYf13Nd ~..~~_ i u ^^ ~ •or~ n~ors-nraea7s vrvoa3n ,,.m. ~:m: e ~ .! ~ ~ I~ I ~ ~~ ~• ~sr ~4 a ~ o ~ ~ k l7IIf ® ~ !4 ~~ ~ ~ ~ III I ~II II ~I se ~qQ~.e. ^~ ~ ~ ~A ~59~~e ~~ ~ ~ ~ p ~' ~ 5 ° f ~~~~~~~~~~I~~~~g~~~~~~~~ ~~ ~~~ ~~ F~ g~ ~B~ --~. ~ o~ ~r~ ~ f i i ~ ! ~ C r ~ ~ _ "" ~ ~~ ~ ~ ~ - 6M71d47 ff f a ~g ai ~Ig ~ II ~ ~E ~ ~ ~~ I J _ - -- ~+ I I ® i ~ ® I i ~ ~ a-~ I ~ ~ ~ I ~ I ~ ~~ -~ s e~ _ ~ I ~ p ® ~ I ~ I ~ ~ ~~ _ - - - I ~I ~1 Exhibit A CITY OF MERLDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 3. Landscape Plan j T. a 1 Exhibit A CITY OF MERfDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 4. Concept Plan c~ 0 J m Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF FEBRUARY 26, 2008 5. Elevations v ~~ 9' 4 0 °~~.' ` ~ 3 y. ~ c r ~~_ ~ ~•v~"~ ~u,4 .~-~ 3 ~~ a ~ ~. v R: `y ~ ~ 6 ~ ~ Ul ~ h n a CEj Exhibit A CITY OF MER]DIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF FEBRUARY 26, 2008 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HARING DATE OF FEBRUARY 26, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT i .1 REZONE COMMENTS/PROVISIONS 1.1.1 The rezone legal description submitted with the application (prepared on October 2, 2007, by Peter W. Lounsbury, PLS) is approved. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.1.3 Prior to the rezone ordinance approval, an addendum to the existing Development Agreement (DA) for Verona Subdivision (Instrument No. 103097612) shall be recorded between the City of Meridian and the property owner(s) (at the time of rezone ordinance adoption). See file # MI-07- 013 & MI-07-014 for new development agreement provisions. -rt,° ^aa°«,7,,.« °>,nn :«n°....n..n.° n. ~~~c.:~,~t«ur~ ° a ~e~'; t a - ~ it 4 I r th 1 a i = l t ~ ~ar~acam,~«• ..1.,..,1.7 ..°n,7 ~ s ~=e~~ • !',.«n+.... n*: ,,« n«.7 .-1°..° ~- ems- e - e e~ ~a ~ve g eP~e~ ln«,.~°«* n :n~:«.. nF 1 nQ ,7 t 1, .7 1 ~~ e'~PJ ~ t ~d 1A h" i ~ I 1 ~tO Z C•• n« Yit ~fi , Cr e YtYtB~P.Tj 7"17122 .~ T 7cJj +~~+r{7ic[ ' S'RZI -~P .~+ V V[T 1,:..t~, nt:h. n4° ntn nt, ,.~: n 1..,• n4 1: :4 • °.7 4.. ..4, ...7 ° • «.7 1.« ..1~ :4b, , ) ) ~l.nll n„l,n+n«F:nll„ n «~ .-.... «„ +t,° «1.,.*n~ ~„L..« :tt°.7 , . :+i, tJ7 n~ nl ~ n«.7 nn n~ m~ • Add i.° ^ n• y° °ln °«~~~ .+ >, 11 11. 1 ,7 ` ° ~ a i, .>, ° ...,. ..... ,.t,iiv.. ~Pr°~°iT~'srnarg°izvimry-C-vxixpr ~ir9-azccv z Dl ' irmi ccv~czxv ..««:«.. Tl:.-°,.+,... .:tl. ~1,° n «~„nl ..:~° «l.,« ....1...«.44°.7 ..;rl. D7 n ~, n 7 nl ~ .. ~ t33i~'}i~33tt3~3 6~~~F3~}`'. .•t^ w,,:t,7:«,. a:«,. cn nnn. 8~~ :i ` ' ° ° »,7 nn n~ ~ « i, tt . a xg9 v vicxrnv-vix c-vnrcmix~ciccc ccrrrg ~v~vv~3cjiic QCZCCrsrnsn nn,.,..ni.t° « ~:a°««:nt ~ ° ~ ,.«n,.° ~ .. «t,:n a°,.°tn«....°«« ..i.., ° tt ~° ^t~c .nnn ~c^iuin-ezcc~ 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as P1.0, prepared by Quadrant Consulting, dated October 5, 2007, is approved with the conditions listed herein. The Applicant shall comply with all applicable requirements of this site associated with AZ-03-005, CUP-03-007, PP-03-003, and FP-03-050 as well as the Development Agreement (Instrument No.103097612) currently in effect for Verona Subdivision (as amended). 1.2.2 All future structures on the subject lots shall be required to obtain Certificate of Zoning Compliance approval prior to building construction. Future buildings on this site shall substantially comply with the construction materials and design elements shown in the elevations attached in Exhibit A of this staff report. 1.2.3 Access to N. Ten Mile and W. McMillan Road shall be consistent with the approvals of ACRD and the City of Meridian. A note shall be placed on the final plat restricting direct lot access to these roadways other than the access points approved with this application. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 1.2.4 Landscaping: The landscape plan submitted for this project, prepared by Harvest Design, labeled Sheet L-1, dated 10/5/07 is approved with the following notes: • Provide a minimum 25-foot wide landscape buffer along N. Ten Mile and W. McMillan Road. Said buffers shall be located outside of ACHD's right of way. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B- 14. Submit copies with the final plat application(s). 1.2.5 A minimum 25-foot wide street buffer is required along N. Ten Mile Road and W. McMillan Road, as shown on the plat. 1.2.6 No signage is approved with this application. All signs proposed for this site shall obtain separate sign permit approval. 1.2.7 Across-access/cross-parking easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the access points to McMillan Road, Ten Mile Road, W. Milano Drive and N. Cortona Way. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the fmal plat granting said cross-access. Across- access easement shall be provided to the commercial nronertv to the east. 1.2.9 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.2.10 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressw-ized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.3.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A- 18. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the Applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.3 Temporary construction fencing to contain debris shall be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 1.3.4 Staff s failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. 1.3.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 1.3.6 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.7 All development within the L-O district shall conform to the dimensional standards per UDC 11- 2B-3. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via two existing stubs located in N Ten Mile road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via existing stubs from N Ten Mile Rd, W McMillan Rd, N Cortona Way and W Milano Dr. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 If the City Council waives the requirement for a pressurized irrigation system, the applicant shall be responsible for the payment of well development fees prior to signature on the final plat by the City Engineer. 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, 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. 2.8 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.11 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing ali necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.13 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping maybe bonded for prior to obtaining certificates of occupancy 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act ~~a '''° ~'~~~ u,,.,~:.,~. n 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.19 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfrll, where footing would sit atop fill material. 2.20 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.21 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. 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 ''/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works 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'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 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. 3.5 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. 3.6 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. 3.7 Maintain a separation of 5' from any buildings to dumpster enclosures. 3.8 Provide a Knox box entry system for the complex prior to occupancy. 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.11 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.12 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 Exhibit B CITY OF MERFDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a) For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b) For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.13 There shall be a fire hydrant within 100' of all Fire Department connections. 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.15 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3..16 Buildings or facilities exceeding 30 feet (9144nun) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.17 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICE COMPANY 6.1 Turning Radius: the applicant shall provide a xninimurn of 50 ft. turning radius. 6.2 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. 6.3 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. Exhibit B CITY OF MERIDIAN PLANNING DEPARTM-ENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 7. ADA COUNTY HICFIWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct the driveways as proposed. Insta116 inch raised concrete median on Ten Mile to restrain the first driveway to right in/right out. Pave the driveways to their full width and at least 30 feet into the site beyond the edge of pavement. 7.1.2 Construct a 7 foot attached or a 5 foot detached concrete sidewalk at the site abutting Ten Mile Road. 7.1.3 Construct a 5-foot detached concrete sidewalk at the site abutting McMillan Road to match existing improvements. 7.1.4 Comply with all Standard Conditions of Approval. , 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 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. 7.2.7 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. 7.2.8 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. 7.2.9 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. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject 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. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child care center. 9. SETTLERS IRRIGATION DISTRICT 9.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. The facilities involved are the McMullen Well and the McMullen Lateral. The McMullen Lateral was tiled by earlier phases of the development. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 A pressure irrigation system must be provided to service all lots within the above-mentioned subdivision from the current delivery point. Exhibit B CITY OF MERFDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Exhibit C -Legal Descriptions & Exhibit Maps t . ~'` i ~ ^~ ~^ Qucldrant Consulting;-inc. i Legal Description For Verona Subdivision No. 4 Rezone From 'R-8 to L-O Lots 35 and 36, 'Block 10 of Verona Subdivision Number 2, Book 91 of Plats at Pages 10743-10744; Ada County Record's and a portion of the Right-Of-Way of North Cortona Way and West McMillan Road, located in the Southwest Y of Section 26, Township 4 North, Range 1 West, Boise Meridian., Ada County, Idaho described as follows: Commencing.atthe Southwest corner of said Section 26, thence South 88.5$'19" East, ' 1039.55 feet along the South line of said section to the Point of Beginning,; Thence North 01°00'56" East, 240.22 feet along the centerline of said North Cortona Way to a ,point; Thence continuing along said centerline 194.07-feet along a curve to the left, said curve having a radius of 300.00 feet, a delta angle of 3706'39" and a chord bearing and distance of North 17°30'59" West, 190.70 feet; Thence continuing. along said centerline North 36°02'531Nest, 67.24 feet to a point; Thence leaving said centerline South 89°30'1'6" East,. 33.60 feet to the Northwest corner of said Lot 35; Thence continuing South 89°30'16" East, 325:06 feet to the Northeast corner of,said Lot ' 35; Thence. South 00°29'44" West, 433.02 feet to the Southeast corner of said Lot 36; Thence North 88°58'19" West, 20.00 feet along the Southerly boundary of said Lot 36 to I a point; ' Thence South. 00°29'44" West, 45.00 feet to a point on the South line of said Section 26; Thence North 88°58`1'9" West, 241:85 feet along said South line to the Point of Beginning. Said. parcel contai 3:003 acres more or less. REVI P AI;~. BY ~1 acz i z Zoor MERIDIAN,PUBLIC WORKS DEPT. ~ 190a W. Overland Bgise: ID 83705 Phone 1208) 342-0091 Fox (208) 3.42-0092 Emgil: qugdronl o quodront.cc GivII Engineering Surveying Construction Monogement Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF FEBRUARY 26, 2008 ...w.ar MONTELIND I b 8 A ~ 9 CQRTDNA VAY n ~~ add °'°~°'~- VERONA SUBDIVlSIDN N0. 4 REZONE EXHIBIT ^^' -^^QUadrant 1 ~ - , SECTION 16, T. 4 N., R. 1 W., ADA COUNTY o„o x.0119 U~~~l1 Q, ~IIG ,,,,,,,,,,,, ,„„ - ,~,,,,, stun +~acn .n w+aio•w.w ~ .mu,u-een w`u. 1w ,u..m, ,.. . "'~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF FEBRUARY 26, 2008 ~~ ~'~ ~~ ~~ Quadrant Consulting, lnc. Legal Description. For Verona Subdivision No. 4 Rezone From R-8 to GG Lot 1 and 2, Block 12 of Verona Subdivision Number 2, Book 91 of Plats at Pages 10743-40744; Ada County Records and a portion of the Right-Of-Way of North Cortona Wayand West McMillan Road, located in the Southwest'/a of Section 26, Township 4 North; .Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Commencing at the Southwest comer of said Section. 26, thence South 88'58' 19" East, 855.00 feet along the South line of said section. to the Point of Beginning; Thence North 00°21'49" East, 386.94 feet to'the Northwest corner of said Lot 2; Thence-North 89°36'30" East, 117.34 feet to the Northeast corner of said Lot 2; Thence continuing North 89'36'30" East, 31.24 feet to the centerline of said North Cortona Way; Thence eoritinuing along said centerline 157.52 feet along a curve to the right, said curve having a radius of 300.00 feet, a delta angle of 30°08'48" and a chord bearing and distance of South 14'01'37" East, 155.72 feet; Thence continuing along said centerline South 01°00'56" West, 240.22 feet to a point on the'South line of said Section 26; Thence North 88°58'19" West, 184.55 feet. along Said South line to the Point of Beginning.. Said parcel contains 1.623 acres more or less ~\\1 vas REV 1~. BY .. OCj 1 Z ~,Q~~ M VRO KS O~PSiG P90a w. Overlgnd Boise. ID 83705 Phone (208) 342-0091 Fox.1208) 3a2.0092 Emoil: quodronfQquodront,cc Civil Engineering Surveying Consfrucfion Manggement Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 1 i t mom„ m...o m ,~. Nl100 VUV ''M { '!! ''N 4 '1 '9Z NOl103S "~°" ~ L81NX3 3N073?/ ~ >y 'ON NOISI~Ir38/1S t/NO213/1 ~.~^~ ~:.W-~ aN1'131NON AVA Exhibit C -o o a ~~---o-- ~- o Qtl7f~1 3~ oN~ _ .o-~_-~~.~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF FEBRUARY 26, 2008 .. .-. ~~ Quadrant Consulting, Inc. Legal Description `For Verona Subdivision No. 4 Rezone From R-8 to L-O Lot 1.2, Block 10 of Verona Subdivision Number 2, Book 91 of Plats at -Pages 10743= 10744.; Ada County Records and a portion of the Right-Of-Way of North Cortona Way„ .located in the Southwest'/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian.., Ada County,, Idaho described as follows; Commencing at the Southwest corner of said Section 26, thence South 88°58'1.9`' East, 1301.4Q feet along. the South line. of said Section;. thence North 00'29'44" East, 965.44; feet along the Easterly boundary of said Verona Subdivision Number 2, thence North 89°•30'16" West, 280.87 feet to the Northeast corner of said' Lot 12, being the Point of .Beginning; Thence South 11'04'28" West, 104:20 feet along the Easterly boundary of said Lot 12; Thence South 00°29'44" West, 11.0.00 feet to the Southeast corner of said Lot 12; Thence North 89'30''16' West, 94.54 feet to the Southwest corner of said Lot 12; Thence continuing North.89'30'16" West, 29.77 feet to the centerline of said North Cortona Way; Thence continuing along said centerline 72.98 feet along a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 20°90'67" and a chord bearing. and distance of North 36°43'10" East, 72.57 feet; Thence North 42°49'44" East, 26:98 feet to .the Westerly boundary of said Lot 12; Thence continuing North 42°49'44'" East, 31.43 feet along the Westerly boundary of said Lot 12; Thence North 08°39`53" East, 112.60 feet to the Northwest corner of said. Lot 12; Thence South 89'30'16" .East, 132.00 feet along the Norfherly boundary of said Lot 12 to the Point of Beginning. Said parcel contains 0.669 acres rmore or less. REVI ~ A F VAL BY OCT 12 21107 MERIDIAN PUBLIC WORKS DEPT. 190a w. Overland Boise. ID 83105 • Phone 12081342-0091 Fox 12081342-0092 Emoil: quodrantOauodront.cc Civil Engineering • Surveying Gonsfruction Management Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 ~~ ~ ``` ~ - y ~~-APP--o~. ~N~_ ~~~AD -.. - -o - - ' Q - - . _ . _ m--~ . _ - ' - - - ~p I. o c ~ ~ ~ Q' N y t.a ~ 1 ~ o_ °o ~ N C O 1p r O -1 pj D V D N 'y ~ n m rn D ~p 2 O z ~, ~NDNTELINO m~ ~ r i R s ~ a ~ ~ ~ ~ ~ ~ 'O ~ F N = N ~ J ~ a c„ r> m 2 4~ u o o m a m ~ E 2 a o) N LDRTDNA VAY n G a z y eU P~ c c uo.no ri SO' 29' H•V m nt ~ o ~4 r 0 I~ --- -~ -.~ ~ ~>~~"~ VERONA SUBDIVISION N0. 4 ^^ ~ REZONE EXHIBIT ^~Quadrant ~ g Cb n u L i n I n c „ua,,, SECTION 26, T. 4 N., R. 1 W., ADA COUNTY ~ ~ ~, ~~ ~ . ~uu. - a•raa nm.~s owlrw~w~~. ~.r~mu .u Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 D. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The Commission supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Conunission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Councils attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that xnay be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D CITY OF MERFDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 2. Rezone 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 the subject property to C-G and L-O. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City. Council finds retail and office uses are permitted within the requested zoning district of C-G and L-O. The Commission finds that any future use and / or development of this property should comply with the established regulations and purpose statement of the C- Gand L-0 zoning districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council 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, The City Council 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. Exhibit D