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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 STAFF REPORT HEARING DATE: June 5, 2008 (Continued from February 21, March 20, j~ DIAj~T~' May 1, and May 1 S, 2008) i-+ = L TO: Planning & Zoning Commission ~~ FROM: Sonya Watters, Associate City Planner (208) 884-5533 MAY 3 0 2008 SUBJECT: Overland Village C~7``~ OF I~~RIt~IAN • AZ-08-001 ~~~ ~~ ~~-~+'~ QF1=~~1! 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 Since the time this application was originally scheduled to be heard by the Commission on February 21S`, the concept plan has been revised. several times due to emergency access issues to the site. The staff report has been revised to reflect the latest concept plan that is included in Exhibit A. ACHD has also agreed to work with the Fire Department to ensure adequate emergency response to this site (see letter from ACRD in Exhibit B). As of the print date of this report, the Fire Department has not yet submitted comments on the revised plan and ACHD's letter. 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, office 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 Rackham Way to Overland Road further to the east. 2. SUMMARY 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 the AZ application; the Commission is not required to make a recommendation on the VAC application. However, the Commission may review and make comments on the VAC application, as this application is significant to the proposed Overland Village AZ-08-001 & VAC-08-001 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 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 (AZr08-001 & VAC-08-001) with a Development Agreement for the project. 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 June 5, 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 June 5, 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, S1 1 1 6336453) 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`x' 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) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Description of Applicant's Request: The Applicant is requesting approval for Annexation and Overland Village AZ-08-001 & VAC-08-001 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 Zoning of 9.06 acres from the RUT and Rl (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. 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. The park and ride lot is proposed to remain. b. Description of Character of Surrounding Area: This property is located on the comer 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. Overland Village AZ-08-001 & VAC-08-001 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 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. 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. A goal of the Comprehensive Plan is for these creeks be protected and improved throughout commercial areas. 5. Hazards: Planning Staff is not aware of any 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 one right-in only driveway access from E. Overland Road, classified as a principal arterial roadway, approximately 262 feet east of the Overland/Eagle intersection where the existing Rackham Way is located. A full-access street is proposed to/from Overland Road approximately 518 feet east of the Overland/Eagle intersection where Rackham Way is proposed to be relocated. No access is proposed or approved to/from Eagle Road. ACHD Staff is supportive of the right-in access to the site from Overland closest to the Overland/Eagle intersection and the relocation of Rackham Way as afull-access street to the site further to the east as proposed (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 classified 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 offices, retaiUgift shops, clothing stores, garden centers, restaurants, banks, drive-thru facilities, auto Overland Village AZ-08-001 & VAC-08-001 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 service stations, department stores, medicaUdental 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 principal arterials. On the submitted conceptual site plan, the Applicant is proposing one right-in access point to the site from Overland Road and one full-access point to/from Overland Road where Rackham Way is proposed to be relocated further to the east. ACRD has approved the location of the two proposed access points. No access is proposed or approved to Eagle Road. • 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 3S 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 IV, 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: offices, restaurants, retail stores, coffee shops, etc. • Chapter V, Goal I, Objective A, Action 11 - "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout Overland Village AZ-08-001 & VAC-08-001 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 cormercial, 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 protect these creeks as part of the development of this site. Staff would encourage the applicant to improve the area adjacent to the creeks as a development amenity. 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, among other uses, 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: 1. 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: Since the time of application submittal, the applicant has submitted a revised conceptual development plan for this site (prepared by Robert Kubicek, dated 5/28/08, 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; drives thru facilities within 300 feet of each other require separate CUP approval. 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 Overland Village AZ-08-001 & VAC-08-001 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 property with the comments stated below. A.11 parking stalls, drive aisles, landscaping, street buffers, sidewalks, lighting, signage, 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 and Design Review criteria listed in UDC 11-3A-19C. 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 all 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 all of the design review standards will occur with future CUP and/or CZC applications for buildings on this site. NOTE: The applicant will be required to comply with the design review standards in affect at the time of CUP and/or CZC submittal. The detailed site plan and building elevations submitted with any CUP and/or CZC/DR 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. , Drive-thru Establishments: The concept plan depicts 3 drive-thru windows on this site; one on each of the proposed buildings. Per iJDC 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 (see Exhibit B) requests that any and all drive through windows proposed on the site be approved by the Police Department. Because the most efficient 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 (attached in Exhibit A.2) shows a 20-foot wide right-in driveway access to the site from E. Overland Road, classified as a principal arterial roadway, approximately 262 feet east of the Overland/Eagle intersection. Afull-access public street is proposed to Overland Road approximately 518 feet east of the Overland/Eagle intersection where Rackham Way is proposed to be relocated. A stub street is shown to the property to the east (owned by Ustick Marketplace) at the northeast part of the site across the Eight Mile Creek. No access points are proposed or approved to/from Eagle Road. The original concept plan submitted with this application depicted aright-in access from Eagle Road at the north end of the site, aright-in/right-out access (in the current location of Rackham Way), afull-access (in the future location of Rackham Way) to Overland Road, and no stub to the property to the east. Since application submittal, the applicant has submitted a revised plan that reduces the amount of access points originally proposed to the site, provides a stub street to the property to the east, and provides an emergency vehicle access to the site from Overland, as detailed above. Staff and ACRD are supportive of the proposed access points to/from the site and stub street to the adjacent property to the east, as depicted on the revised concept plan attached in Exhibit A.2. However, the ACRD report does note that Overland Village AZ-08-OOi & VAC-08-001 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 Rackham Way will be restricted to a right-in/right-out onto Overland Road in the future when either a raised median is constructed upon determination by ACRD that a substantial safety hazard exists or on the provision of a connection from Rackham Way to a signalized intersection to the east, whichever occurs first. Since the ACRD staff report was written, discussions have taken place between the Fire Department, Planning Department, and the applicant regarding emergency access to the site. As a result of these discussions, ACHD has agreed (see letter in Exhibit B) to coordinate with the Meridian Fire Department to ensure that any access restriction devices installed at the intersection of Overland and Rackham allow for emergency vehicles to turn left onto Rackham from Overland. Further, this left-turn access will be maintained at least until a public connection across Eight Mile Creek north of Overland is achieved. Additionally, Planning and ACfID Staff recommend that the applicant construct a public stub street from Rackham Way to the west easement boundary of the Eight Mile Creek as proposed, and road trust with the District for one- half the costs of a bridge crossing of the Eight Mile, to allow for future connectivity to the east and access to the signalized Overland-Silverstone intersection. Note: Jim Kissler, the owner of three parcels to the northeast of the site, submitted a letter to ACRD stating that (in his opinion) the main access to his property and the Elk's property (south of the interstate) will be primarily from the signalized intersection at Overland and Silverstone. With the stub street mentioned above, the subject property and the property to the north would have access to a full access approach. Any access to Rackham Way (in its current or proposed .location) would be secondary, since Rackham is too close to the Eagle/Overland intersection and will eventually be a right-in/right-out access and would require a bridge to cross the confluence area of the Five Mile and Eight Mile Creeks. He feels that money would be better served to get to the signalized intersection, not the right- in/right-out. Special Consideration for Commission & City Council: Staff concurs with Mr. Kissler that primary access to the Kissler and Elks properties should be provided from the future light at the Silverstone/Overland intersection with secondary access being provided via Rackham Way. The subject property would also be able to use the signalized intersection at Silverstone for access to/from the site; however, it would be more meandering than a direct access and Staff believes that folks would be less likely to use it than if it were more of a direct route to the site. Because the Rackham access will eventually be restricted to a right-in/right--out and the other access closer to the OverlandlEagle intersection is a right-in only, Staff (Planning, Fire, and Police) believes that construction of a bridge across the Eight Mile Creek would be beneficial for the subject property in order for full access to be provided from the signalized intersection east of the site. The Fire Department is especially concerned about providing emergency access to this site if a bridge is not constructed so that full access can be provided from the signalized intersection at Silverstone/Overland. ACHD's report states that Rackham will eventually be restricted to right-in/right-out due to a future median. If this happens, the Fire Department will either have to travel past the site to gain access from the north through the Kissler/Elks properties or do a "U" turn in the middle of Overland, neither of which is desirable. For this reason, the Fire Department recommends that the project be denied if a permanent left-in access cannot be provided from eastbound Overland Road into the site. Since the ACHD report and Staff s original report was written, the applicant, Fire Department, and Planning Department staff has had several meetings to determine an alternative means of emergency access to the site. As a result, ACHD has agreed to coordinate with the Meridian Fire Department to ensure that any access restriction devices installed in the future at the intersection of Overland and Rackham allow for emergency vehicles to run left onto Rackham from Overland (see letter in Exhibit B). As of the print Overland Village AZ-08-001 & VAC-08-001 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 date of this report, the Fire Department has not submitted a response to the revised plan and letter from ACHD. In addition to the emergency access issue discussed above, Staff has added a Development Agreement provision requiring the applicant to pay for half the cost of the bridge, through a road trust, to provide connection to the undeveloped property to the east for interconnectivity and access to/from the signalized intersection. [Because the property to the east owned by Ustick Marketplace has already been annexed and zoned commercially, this may not be a feasible because there is no mechanism for requiring that property owner to pay for half the cost of a bridge; plus that property owner will already be burdened with the cost of a bridge across the Five Mile Creek at the north boundary of their property. The Commission/Council may decide to strike the aforementioned provision from the DA.J 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 for the applicant to protect the creeks during the development process. Staff would encourage the applicant to improve the area adjacent to the creeks as a development amenity. 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. All landscaping will be required by the City with future CLIP/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 relocated 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. Provide written documentation from the Parks Department with the first CZC application, approving the pathway design and location. 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 (UDC 11-3C-6B). Parking on the site will be reviewed for compliance with LTDC standards at the time of CLIP and/or CZC approval. Also, no linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island per LFDC 11-3B-8C. Development Agreement: LTDC 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 Overland Village AZ-08-001 & VAC-08-001 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 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: a. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. b. The site and buildings on the site shall comply with all of the design review standards listed in the UDC. A Design Review application shall be submitted with the CUP or CZC application (whichever occurs first) for all future buildings on this site. c. 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. Construct a iniiumum of 2 and a maximum of 4 buildings on this site. No footprint for a single building shall exceed 20,000 square feet. Further, no building shall exceed 3 stories in height. d. The applicant shall be responsible for all costs associated with sewer and water service installation. e. Any drive-thru establishment proposed on the site shall be subject to Conditional Use Permit approval. f. 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. Rackhain Way and one right-in access point to the site from Overland Road, as depicted on the conceptual site plan. The Rackham Way access may be limited to right-in/right-out only in the future. g. 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. h. 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. i. 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. Provide written documentation from the Parks Department with the first CZC application, approving the pathway design and location. j. If not existing, sidewalks shall be constructed along S. Eagle Road, E. Overland Road and S. Rackham Way. k. The applicant shall construct a public stub street from Rackham Way to the west easement boundary of the Eight Mile Creek to allow for future connectivity to the east and access to the signalized Overland-Silverstone intersection. The applicant shall submit a road trust to ACHD for half the cost of construction of a bridge Overland Village AZ-08-00'1 & VAC-08-001 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 over the Eight Mile Creek to provide interconnectivity between the subject site and the property to the east (parcel #S1116336520), prior to the first occupancy being granted on this site. 1. 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. m. 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 shall be protected through the development process, in accordance with the Comprehensive Plan. Improvements along the creeks are encouraged as development amenities. n. The applicant shall work with ACHD to vacate the existing Rackham Way right-of- way and relocate any utilities accordingly. o. 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. p. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. q. All future construction/uses on this site should comply with the provisions of City Code in effect at the time of submittal. 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 Slverstone 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. Staff is supportive of moving Rackham Way to the east. 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 A~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 June 5, 2008. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plan (dated: 5/28/08) Overland Village AZ-08-00'1 & VAC-08-001 Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 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-O8-001 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 2. Conceptual Site Plan (dated: 5/28/08) • • r r ..~~~e ~~ ~~ ~~ w~aR"'®' p~.... O~ Gi~i i+- r~.ou~ i i~NI b Is~ine~Nan° ~~ ~ ~ r+r ~IIii~Nrw~ ~ ~ w p~ s~ . ~cIK Y1wiA1M i~errmlo 91I9>1~4 ra p~pN10YlL ~f~/lr~1rLN pW~ TrfK wlwr~rolldn IiM~ ~~ WAS i7~ICr~W U~.~9AOr~~KJ o r o e ~Mt ~ p~l / R~V6 ~~ ~Ml~'1tll i16~a76'~`rlNe~ ~tr. O~i1MtlYL YOGI iMM~~ orr~wl~ ~nrx ww Y~ ~r j /~lMrloti Y 1~4M1Y srriu ~~ ~~ ' ~ Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 3. Conceptual Building Elevations (dated: 1/15/08) a» _ _~ _ _... ~,;'~. "~ r~a6: McJor A.dorceprtuel 6Cavalton .edou~.~.r ~_~_ ~_~ ~~ - ~ ~7___~_~3 ~,~. y ,~ ~~~ ' ~ :l O ~I"n f'l f'` ~~~~ ~~~~ q~~B 4~~ G._y 1~~r'e_s"'~ 1~+ ~ e~ ~. _•, r%. 1• s~ i~ ~~ ~o+ aQ Q~Qo ~ 9:a C 0 p r as ~8 U~ 3 h 4 : F x a E a' a 4 fA; ~. Exhibit A Page 3 81DOP0 A-COi~GO:FtYAt EIOYAtIOA Pad C•COneepfuaf ®avaMor . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 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 provisions noted in Section 10, Development Agreement, of the staff report. 1.3 The City consents to the proposed vacation and exchange of the Rackham Way right-of--way (VAC-08-001). The applicant shall coordinate the vacation with the Ada County Highway District. 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. 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 Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 5, 2008 (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 maybe required by the Army Corps of Engineers. 2.14 Developer shal'1 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 backf`ill, where footing would sit atop fill 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 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 determined 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. Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 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'. £ 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 unposed 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 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 requirement 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 requued to have access roads in accordance with The International Fue Code Appendix D Section D105. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 3.14 The proposed right-in driveway where the current Rackham Way is located will be required to be 20' wide with a 28' inside radius and a 48' outside radius. 3.15 The Fire Department strongly recommends that development of this property be conditioned on Rackham Way being and remaining aright-in/right-out, left-in access to the site, unless a bridge is constructed across the Eight Mile Creek and access is provided from the east to the site from the future signalized intersection at Overland/Silverstone. Further, the Fire Department is not supportive of a left-out access from the site to Overland because of the traffic hazard it would presumably create. If a median is constructed in Overland, the only way that Meridian fire units have of accessing the site from the west is thru the Silverstone development south of the site by first turning onto E. Goldstone to S. Silverstone Way to be able to enter the project from the east by going westbound on Overland. If a permanent left-in access cannot be provided from eastbound Overland Road into the site, it is recommended that the project be denied. (See letter from ACHD dated May 30, 2008, below) 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 supports limiting access points to Overland Road. 4.3 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 compliance, 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. 8. ADA COUNTY HIGHWAY DISTRICT 8.1 Site Specific Conditions of Approval 8.1.1 Comply with requirements of ITD and City of Meridian for the Eagle Road (SH-55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. 8.1.2 Make application for the vacation and exchange ofright-of--way to realign the south portion of Rackham Way as proposed. If approved: a. Design and reconstruct Rackham Way so that it aligns with the private drive from Silverstone Subdivision on Overland Road. Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 b. Construct the portion of Rackham Way running through the site as a 36-foot street section at its intersection with Overland Road tapering back to a 29-foot street section with vertical curb, gutter, and 5-foot attached sidewalk on both sides within 40-feet ofright-of--way. Install no parking signs on both sides of the street. 8.1.3 Construct aright-in only driveway where Rackharn Way is currently located. Construct the driveway to be as narrow as the Meridian Fire Department will allow (preferably 14-feet), and install DO NOT ENTER signs on both sides of its north end. 8.1.4 Pay a road trust deposit sufficient to cover the cost of installing a six inch raised median to restrict the realigned Rackham Way to right-in/right-out in the future. Rackham Way will be restricted to right-in/right-out either on a determination by ACRD staff of a substantial safety issue, or on the provision of a connection from Rackham Way to a signalized intersection to the east, whichever occurs first. (See letter from ACHD dated May 30, 2008, below.) 8.1.5 Dedicate additional right-of--way along Overland to achieve a total of 60-feet from centerline abutting the site and approximately 78-feet from centerline near the intersection of Eagle Road. 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 ACRD 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. 8.1.6 Construct four driveways and one drive-through entrance on Rackham Way, no wider than 36- feet with minimum 15-foot curb return radii. The driveways shall be no closer than 100-feet from the intersection of Overland Road (near-edge to near-edge). 8.1.7 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 40-feet ofright-of--way. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL 'BE EXTENDED IN THE FUTURE." 8.1.8 Direct lot access to Eagle and Overland Roads other than what is specifically approved in this application is prohibited and shall be noted on the final plat if the parcel is subdivided in the future. 8.1.9 Overland Road is subject to 5 year pavement cut moratorium until October 2010. No pavement cuts are allowed unless specifically approved in writing by the District Pavement Cut Committee. 8.1.10 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 ACRD 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 maybe 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 B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 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 ACHD 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 ACRD 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 ACRD Traffic Operations 387-6190 in the event any ACRD 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. Page 6 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 ~- ~` ~ ~' ~ , ~, ~~~4 Il~f+ay 3Lt~, 2a~~ To. ..Doe SiLtira Deputy Cfaief, t,~9erid5em Fire. D~paztment ~4fJ E. D=ras~k~ Road AA'eridian, Idaho .133i#2 Stfbjec~t_ Restrict+osa e3 Rackhasaa'Nfay aoness onto Overlasad Road tmrol' A. MdQrr, Rre'~des# ~aaeEry6C'Wuber, tip 4foe PtEkleidi D~re•. Brfae} ~ 4~ Prr Iafai S. Ecsndle~t. Cam~rJs~dm Re4eow ~E. Ameld~, Cumrri~asrrs On,4pril 7~. 21138, the Ada ~County'F~ighbuay Di~st~riaf ~AC'kD} ~rnmissiaaa acted on hAF~-tlB-(809 faa itae arer»exa.tiiora artad remrae crff appra~dmatefy 4_a7 acres; of the nonltheast comer of EaBfe crud Oae~sl'and DZoads for fh~ purpose comtraesci.~l dewelopsraesaff_ Rac7eham i.M1lay, a public street arnder the jusisditsiion of AC3-ID, is sdjaceni fm the p%perties that wEre 3nrvoGued in itue de:velopaa~ent application ks a r2s+ufl. of ilttiis a,cticra. several she .speci>-uc coraditiatas of approval irbv~eFvin~ DZ;ackhaTra tn~ay tiuere I`QVis:d upaaa th=_ a~plic~nt 6y the ~ommission~. Site specific condition ~4 req~cir~ed ifae appfacarrt to, °~~Pay a road mast deposit su#fi~emt to cover tD,e cost: of installir~ a six inch raised med5aaa to restrict the. realigned Radkh~arra'JUV'ay' to,right-ieu'fight-aut. in il'rae dedt~upe_ R~ckharn'~'ay aar,~ilt be restricted'to rig3af- isa~rigtst-oi~t either on a d'eteammaticsa by',A!G`.I~D staff of a sai6stanlial' safety isseae, or on fha PTOVision of a cosaraectiora #rosra Rackham krt~'ay tv a si~raa9ized inferset;hiara to the east: tuhich~wer occurs first_° The f~Aesidiart D=ue IDeg~artment Eaas sane ind5catied'to A.GF3D staff tFeat; unfil such tirrae as there ,is a corunection: 6efirr~een, 63;adkPaam ~Paray across Ei86at ih9ife Greek to the Overland-~i'ivErsta~e intersection: a Leff-in a~cces,s ifrorra Overl<arad D3oad eastbound to Raokhaera'tNlay raortta6ound is essierrtia'to psa+viding adequate emergency s~erviices in aU prapesfies accessed' w~ Rac~kharra 4rLtay. Ira order fo erasure. adequate emergency resp~ase to this area, A.CFfD sta;fff wi© caordiiaa~ vriifa tlae D,t'~ridiasa Fie F7;epasfine:nt fm erasure tha$ asay access rests+cfion de+flces ~ be instalCed ai fhe inf~sectiasa of ©wert'arud' DZoad' and Etackharra'tnf'ay tis+illl alfovl fvr emergency wehicl~s to fu7n. CeEt infix D~ackfaam'ihray from ~rresland R©acJ (swe6a es a 34.acces~s or a rrnousata~le medien~. This Left-fuse access vrall be eraainiain=d a1 I'eest ~ntd a publ"u; cronnec~ioT across Ei8?at. Mice Greek ruoriDa of Ouertan:d D~oad is achieued.. tf ytua have srayr questions, please feel free. fo eortitacf. me at C2~j X57-6`1 g7. Siracesehr. /~ CbRaDt Eidmcand €'lansaer @I! Ri~Dat-o€-~Jay arudl Deaela~meraf Seruices Gam: Project file: Ansaa CaTninB, Meridian Gity Piasarairzg ID~pastrnaen# ,Dohsa tArasson. AG8-ID Traific..Servece~s Tamara Thaarypson. Landmark D~welo,prnesaf Croup ,,~ ' Wlg'hinvy ~ ~~~ .mss meet ~ G`ityr, 9b~ + 88-14 ~ @F4 308-3~t1'-81Q0 ~ FX ~E4-769D • wn.:+~tacEd:ad~:'~d.vs a Page 1 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 C. Legal Descriptions & Exhibit Maps 1. Annexation and Zoning Boundary TOO~'HM•AN-OR'PON ENGINEERING COMPANY tX1NSCILTING E[~GINEERS SURVEYORS AND' Pr.AtrNCItS 9~721:HINDEN BflULEY.~RD SOtSE, IDA.FiO 83714-2008 108323.2288 • 'FAX 208.3:3-2399 boise®roengrca.eom Project loo: 07212 Ds~e: December 19, 2007 Page: 1 of 2 `El{Il7BIT "A" Annexation Description A parcel of land, located in the Southwest Quarter of Section 16, Township 3 A>orth, Range 1 East,l3oise Meridian, Ada County, Idaho, described as follows: :SEG t .t Gat 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'S4"B., 2665.07 feet; thence, along the West line of said Section 16, I) N,00°49'23"W., 810,16 feet; thence, 2) I~1.89°10'37"E., 93.61 feet to a point on the westerly line S. Itacldtam Way; thence, along the northeasterly and easterly lire of an 1.8132 acre parcel. of lead. conveyed to the Ada County N.igttway District by Deed Instrument No. 102103903, the following courses: 3) 5.51°26'41"1r., 263.62 feet; thence, 4) S.00°24'06"W., 140.10 feet to the northwest c~oraer of Parcel II of Deed Instrument Nlo. 106056140; thence, along the northerly line of said Parcel II and the Northerly line of Parcel I of said deed Instrument No. 106056140, 5) 5.66°51'54"~., 26I.30 feet to an angle in the northeasterly line of said Parcel 1; thence,. along;th.e northeasterly line of said Parcel I, 5.36°53'00"E., 456.34 feet to the Forth right-of--way line of Overland Road; thence, 7) 5.00°37'06"`VJ., 48.00 feet to the South line of said Section 16; thence, along said South line, 8) h1.89°22'S4"W., 800.84 feet to the POYNT OF BEGII~~IING. CON`fAII~lI1~G: 9.06 acres, more or less. Sae attached Exhibit "B"-Annexation. Map, whi.eh is :hereby trade a part of this description. This description was pra:pared from dead information and is notthc result of a Survey made on theground by Taothmao-Orton Engineering Co. This description is subjectto change at such time as a survey i5 made on the ground. Taothman-Orton Engineering Co_ assumes no liability far its accuracy. Thie deer "' tiRo-nis not for recordine. H.t07zt21wPfitcs~3t1RVEYltinhA- ANNExAT10[d.da BOISE • CO>rUR d'AC.~.IV)r • GAL,171 Page 2 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 5, 2008 ~ L, ; i ~ EXI3IBIT "B"-ANNEXATION MAP A PORTION OF THE ssi SW 1/4, SECTION 16, I @*,. TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M. I F ADA COUNTY, IDAHO ?e 3 ~~' 61• 11 I` 1 I \ non colAOY Nl~lIWAY DIS1111LT ~j ` DEED IN3'fR1A,QNT 10210.7903 1 ~ NC. 4 ~ , t ~ 4~ 3 m I \ \ 631 ~ ~~ Cq ~ N \ f v p 6 1 ~ yp ~ I ~ 7 ?g~.30• t; 0 a ~ \ \ I \ ~ ~ NtME%A7WN DOUNDFRY ~ ~ I 1 1 1 g I ~ ( 7 11 ~ J` .~ I ` ~ ~C - - PMCF1 BOLNDPRY I I 7 'S9 ~ = - - -. -- - R:O.W. OR AQ100iER ~ L UNE N pn~y ~ II I 9111833D~21 \ . ~. 4~A ~ _ . - SEC710lN ~ I I ~ I PnRCEL ~ ANOLE POINT I PARCEL DI OEED M5IRIAIFNI N0.) 4111 D338~03 7 1 1 z ~ I 10D058140 \ B318193 S11 ~Tm I I I ~ PARCEL ! OEED FN5117UUENT ~ 1 PARC0. 1 ~v. DEED R67RNMEM N0. 108D361~0 10805810 7 " ' ~ - - '- ~ POUR OF BEGINNING i \17 16 - - t__ _ _ _ _ _ -+ - - 20 21 0 75 150 300 450 UNE TABLE LINE BEARING U=NGTH L1 89'10• 93.81. ~ .500' 140.10 L3 S00.37'OB 46.OD S NPR LA pO S y~ ~O1SiEgE. G' ~ ~~G 731~6f] s~,~Z~/- "~~ 'n 9lE OF ~~ H. M~P% 16 ~.._._~ 21 TOOTHMAN-ORTON ENGINEERING CO. ENGINEERS SURVEYORS PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 FAX: 208-323-2399 E-Ftf:k~07212\E~hB-Nure~iDtioit0~6 OVF:12/26/07 JO@07212 &5-tOD Page 3 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 2. Vacation Boundary xOOTHMAI~I.ORTON ENGINEERING COMPANY CONSULTIT"O ENOCIdEERS, SURVEYOR'. ANA PLAIJNERS 9777 GHINDEPt' 60UL£V4RD 8015E, IDAHO 83714-2008 208-323-2288 • FAX 206-3'3.2399 bofse®tnengrao.com Project No: 07212 Date: December 19; 200? Page: 1 of 2 1XbIIBIZ' "A" Vacation Description- A Portion of S. Beckham Way A Variable width portion of right-of-way, located in the Southwest Quarter of Section I6, Township 3 North, Range 1 East, Boise Wleeidian, Ada County, Idaho and being a portion of a 1.8132 acre parcel of land conveyed to thy Ada Cotuity Highway District by Deed Instrument No.102i03903, described as follows: CQN tII~EYCING at the corner common to Sections 16, 17, 20 and 21, from which the quarter corner cornmon to Seciions 16 and 21 bears S.89°22'S4"1r., 2665.07 feet; thence, along the South line of said Section 16, A) 5.89°22'54"E., 22.42 feet; thence, B) N.00°37' 16"E., 66.00 feet to a.point on the northerly eight-of-way of Overland Road, marking the POINT OF 13EG>liV'1~1I1VG, said point being the Southeast comer of said 1.8.132 acre parcel of land; thence, along said northerly right-of way tine, 1) N,89°22'S4"W., 60.00 feet to the Southwest comer of said 1.813.2 acre parcel; thence, along the westerly line of said 1.8132 acre parcel tbE 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 left, having a radius of 271.56 feet, an arc length of 199.Ob feet, through a central angle o;f 42°00'00", and a long chord. that bears N.21 °49'25"W., 194.64 feet to the beginning of a tangent curve; thence, 4) Northwesterly along said curve to the right, hiving 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., 217.81 feet; thence,leaiving said westerly line, 5) N.89°10'53"E., 9.00 feet ea the beginning of anon-tangent curve; thence, 6) Southeasterly along said curve to the left, having a radius of 295.95 feet, an arc length. of 216.13 foes, through a central angle of 41°50'36", and a long chord that bears 5.21°54'07"E., 211.36 feet to the beginning of a tangent curve; thence, 7) Southeasterly along said curve to the left, having a radius of 216.38 feet, as arc length of 115,99 feet, through a central angle of 30°42'47", and long chard that bears 558°10'49"E., 114,60 feet; thence, S) 5:73°32'12"13., 2.07 feet to the beginning ofanon-tangent curve; thence, 9) Southeasterly along said curve to the tight, having a radius of 331.56 feet, an arc lez~.gth of. 1:28:49 Feet, through a central angle of 22° I2' 1 S", and a long chord that bears 5.11°55'32"E., 127.69 feet; thence, along a line tangent from said curve, 10) 5.00°49' 25"E,, 235.51 feet to the POIlYT OIL 8>/GY1tiT`i TL~iG. H_4U72121WPfiles'SURVEY1ExhA- RO.W. VACAT[ON.Qoe Bt715E • COCUR d'ALEPIE • ~rlLD4VELt. Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 '1'p0~'iifMAi\I-O1tTO1V F~l'GINF~RING CO1kIPA,PlY 1'r®ject'l~o: 01212 pate:l7ecember 1:9, 2007 Page: 2 of 2 CONTAINING: 0.58 acres or 25,458 square feet:, mare or less. St:E Eachibit "B"-RO. W. Vacation Map, which, is hereby made a part of this description. 'I9~is description was prtparetl from. dced informakion and is not the rosuk of a survey made on the ground. by Tooth-man-Orton Engineering Co. 71~is description is subject :o change at such time as a survey is made on the ground. Toothman-Orton Engineering Co. assmnes no liability for its accuracy. ~,s deserfpuon is not for: recordine. i H:10'r2121WPIilesiSURVHY1F5chA- R.O.w. VACAT70N.doc Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 II ~ ~ .~ 1 G ~o 11~ ANNE1(HriON BOUNDARY PARCEL BOUNDARY - RA.W. OR ADJOdNER - - sECnDNAL uNE o AlIa1L Pang VACATm R.O.W. 3 I \ I' ADa COUNIY V HIOMRAY D6TRICT { Q ~ 9STRUlffM NO. 102103903 s\ Cy \ L n 511121 PARC0.1n ~/ D® INSRiU11EM N0. ~~ 709058140 i~ 17 18 011E 20 21 0 75 150 300 450 ElQ3IHIT '~"- 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 \~~ ~ `~k CURYE rn arE LENC111 RADIUS OELrA . TANCENf CHORD BEAPoNC c1 0 C9 80' 2 9 ' 9 ' G 1 C4 4 • 4 BO' B' CS <•~ 6' 89' uNE rAB1E ln1E BEHIND LFAIDIN l1 589' D' t2 00'9 u L4 l5 S ~ s.~ 1: ~Np~ LApps v ~ Gt S TER„ G9` ~` _ ~ ~ ~~ Q~ %/ ~A PARCEL 911183381W ~ o,~ 7316 / (( PARCEL 5111033845! y ~ S /7J~/~ p D; oEm os a~uaan rro \ PMCEL I ~ ~~,~• f~T~r7 OF ~~Q~ ~j~`c/ . 108058140 • ~ DEED; ~NENr No. ~(~}• P~\• H MC \ -~- 'POINT OF _ _ BEGINNINGS - - 800.84' G t6 N 89'22 84 W -~ 9685.07' 21 TOOTHMAN-ORTON ENGINEERING CO. ENGINEERS SURVEYORS PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 FAX: 208-323-2399 E-FILE: H\07212\FxN3-RO.R. V!C_DtYG MTE 12/20/07 ,W&07212 8~IB0 Exhibit C Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 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, schoo'1 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 fmdings 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