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HomeMy WebLinkAboutOverland Village RecsCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 STAFF REPORT HEARING DATE: September 2, 2008 E IDIAN~~--- TO: Mayor & City Council I D A H ~ FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Overland Village • AZ-08-001 Annexation and Zoning of 9.06 acres from the RUT and Rl (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 215; 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. ACFID has also agreed to work with the Fire Department to ensure adequate emergency response to this site (see letter from ACFID in Exhibit B). As of the print date of this report, the Fire Department has not yet submitted comments on the revised plan and ACI-ID's letter: 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Relo Development, has requested Annexation and Zoning (AZ) approval of 9.06 acres from the RUT and Rl (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''/a 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 ACHD and to reconstruct Rackham Way to Overland Road further to the east. 2. SiJMMARY RECOMMENDATION The subject AZ & VAC applications were submitted to the Planning Department for concurrent review. Per UDC 11-5A-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 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 Overland Village AZ-08-001 & VAC-08-001 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 recommending approval of the Overland Village application (A~08-001 & VAC-08-001) with a Development Agreement for the project. The Meridian Planning & Zoning Commission heard this item (AZ) on February 21, March 20. May 1 & 15, and June 5, 2008. At the public hearing on June 5, 2008 they moved to recommend approval of the subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Tamara Thomason, Gary Allen ii. In opposition: None iii. Commenting• None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Joe Silva b. Kev Issue(s) of Discussion by Commission: i. Necessity of a bridge across the Eight Mile Creek to provide connectivity to/from the parcel to the east; ii. Disproportionate share of the cost of a bridge for the subiect property in comparison to larger adiacent properties; iii. Possibility of nutting a sunset clause on the road trust for the cost of constructing a bridge across the 8 Mile Creek in the event the property to the east doesn't develop within a certain time period; c. Kev Commission Change(s) to Staff Recommendation: i. Modify Development Agreement provision #c to allow buildings up to 4 stories in height (instead of 31 up to 65 feet (see sage 10). d. Outstanding Issue(s) for City Council: i. If Council supports the Commission's recommendation to allow buildings up to 4 stories in height ua to 65 feet. the Council may want to see revised building elevations (only 1-2 stories are currently shown on the elevations submitted). 3. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ-08- 001 (and VAC-08-001) as presented in the staff report for the hearing date of September 2, 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 deny File Number AZ-08-001 (and VAC-08-001) as presented during the public hearing on September 2, 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, S1116336403, S1116336453) Northeast corner of E. Overland Road and S. Eagle Road Overland Village AZ-08-001 & VAC-08-001 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 Southwest % of Section 16, Township 3 North, Range 1 East b. Property Owner of Record: Cameron S-Sixteen Retail, LLC 755 W. Front Street, Ste. 300 Boise, Idaho 83702 c. Applicant: Relo Development 16679 N. 90`" Street, Ste. 100 Scottsdale, AZ 85260 d. Representative: Tamara Thompson, Landmazk Development Group 2462 Sunshine Drive Boise, ID 83712 e., Present Zoning: RUT & Rl (Ada County) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Description of Applicant's Request: The Applicant is requesting approval for Annexation and Zoning of 9.06 acres from the RUT and 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 aze 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 (Commission); August 18, and 25, 2008 (City Council) c. Radius notices mailed to properties within 300 feet on: July 18, 2008 (Commission); August 8. 2008 (City Council) d. Applicant posted notice on site by: February 19, 2008 (Commission); August 19, 2008 (City Council 6. LAND USE a. Existing Land Use(s): The site is currently vacant except for an ACRD pazk and ride pazking lot on the northern portion of the annexation azea. The pazk and ride lot is proposed to remain. Overland Village AZ-O8-001 & VAC-08-001 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 b. Description of Chazacter of Surrounding Area: This property is located on the corner of a highly- trafficked intersection with existing commercial developments on the other three corners of the intersection. There is an existing residence and vacant land to the north of this site and an existing abandoned residence and land to the east of this site. All of the azea 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 Opporhxnities: 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 aze no existing trees on the subject property. 3. Floodplain: A portion of this site along the northern boundary of the annexation azea 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 yeaz 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. Hazazds: Planning Staff is not awaze of any potential hazards on this site. 6. Proposed Zoning: C-G 7. Size of Property: 9.06 acres (annexation area) f. 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 a fiill-access street to the site further to the east as proposed (See staffs analysis of pYOposed streets and access points to the site in Section 10 below.) g. Landscaping: 1. Width of street buffer(s): Per City Code (IJDC Table 11-2B-3), a 35-foot wide landscape street buffer is required adjacent to E. Overland Road and S. Eagle Road, both classified Overland Village AZ-08-001 & VAC-08-001 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 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. S. 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 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 fords 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 finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal IV, 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. ACID has approved the location of the two proposed access points. No access is proposed or approved to Eagle Road. • Chapter VII, Goal lV, 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 Overland Village AZ-08-001 & VAC-08-001 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 entryway corridors to the City. By City Ordinance, a 35 foot wide landscape buffer is required adjacent to Overland Road and Eagle Road. A 10 foot wide buffer is required adjacent to S. Rackham Way, a local street. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application as no development is proposed at this time. Upon development of this site, the Applicant will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to Certificate of Occupancy of buildings proposed on this site. Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of fmal 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 commercial, industrial and residential areas." The Five Mile Creek runs along the north boundary and the Eight Mile Creek runs along the east and north boundaries of this property. Staff is including a provision in the Development Agreement that the applicant 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 & Rl 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 Overland Village AZ-08-001 & VAC-08-001 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 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 (prepazed 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 squaze foot building (depicted as "Major A"), and one 4,000 squaze 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. Pazking and access points to the site aze also depicted. An existing ACRD park and ride lot is also shown at the northern boundary of the site that is proposed to remain. Staff is generally supportive of the submitted conceptual site plan for this property with the comments stated below. All pazking 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 standazds 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 (prepazed 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 aze 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 appeaz to meet the current design review standazds. 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 CZClDR 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 UDC 11-4-3-11, drive-thru establishments require CUP approval if they are located within 300 feet of an existing residence or residential district or another drive-thru facility. There are also several specific use standazds for drive- Overland Village AZ-08-001 & VAC-08-001 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 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 OverlandlEagle 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 ACHD 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 ACHD report does note that 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 ACHD 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 ACHD 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 ACRD 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 ACFID 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 aright-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. Overland Village AZ-08-001 & VAC-08-001 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 Special Consideration for Commission & City Council: Staff concurs with Mr %issler that primary access to the %issler 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 aright-in/right--out and the other access closer to the Overland/Eagle 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 %issler/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 Staffs 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, ACRD 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 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, it may not be a feasible to require that property owner to pay for half the cost of a bridge unless a preliminary plat or conditional use permit is applied for; 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 CUP/CZC approval and shall be installed prior to issuance of Certificate of Occupancy. Overland Village AZ-08-001 & VAC-08-001 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 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 enact 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 pazking stalls are currently required at the rate of one space per 500 squaze feet of gross floor azea (iJDC 11-3C-6B). Pazking on the site will be reviewed for compliance with UDC standazds at the time of CUP and/or CZC approval. Also, no lineaz grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island per UDC 11-3B-8C. Development Agreement: 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 with the City of Meridian that may require some written commitment for all future uses. Because this in only an annexation application with no development proposed at this time, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council believe additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within six months of Council approval to initiate this process. The DA shall include, at minimum, the following: 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 minimum of 2 and a maximum of 4 buildings on this site. No footprint for a single building shall exceed 20,000 squaze feet. Further, no building shall exceed ~ 4 stories in height, with a ma~mum height of 65 feet. d. The applicant shall be responsible for all costs associated with sewer and water service installation. Overland Village AZ-08-001 & VAC-08-001 Page ]0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 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. Rackham 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 boundazy 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 over the Eight Mile Creek to provide interconnectivity between the subject site and the properly to the east (parcel #SI116336520), 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 boundazies of this property shall be protected through the development process, in accordance with the Comprehensive Plan. Improvements along the creeks aze encouraged as development amenities. n. The applicant shall work with ACRD 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 aze approved with the subject annexation approval. All business signs will require a sepazate 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 Overland Village AZ-08-001 & VAC-08-001 Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 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 ACRD to relocate Rackham Way further to the east , as depicted in Exhibit C.2. This location is not only further from the Eagle Road intersection, but it aligns with the access point into Silverstone to the south. Rackham Way currently, and will continue to provide access to the park and ride lot on the north side of this site. Staff is supportive of moving Rackham Way to the east. There are no required UDC fmdings for vacation applications; ACRD 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. The Meridian Planning & Zoning Commission heard this item (AZ) on February 21, March 20, May 1 & 15, and June 5, 2008. At the public hearing on June 5, 2008 they moved to recommend approval of the subiect AZ re uest. 11. EXI~BITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plan (dated: 5/28/08) 3. Conceptual Building Elevations (dated: 1/15/08) B. Agency and Department Comments C. Legal Descriptions & Exhibit Maps 1. Annexation and Zoning Boundary 2. Vacation Boundary D. Required Findings from Unified Development Code Overland Village AZ-08-001 & VAC-08-001 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 ~~ ~ ~_ 6 jj ~` ~~~ pO `."~~ 11 I, i~ ~ ~+ I li , I Ij ~ I I II % I ~ I) I B ~ II i ~ ~~I p. y 2. Conceptual Site Plan (dated: 5/28/08) V• _~rb ,~ ` T~, ~~ ~ ~~ E, 14~: ~ ~ ~ ,~.~.. A_~,. m ~.. ~~.~~ ~ ~, ~~ _ ~ ~=_ ~=tip ~~ ~ ~ .. ` `1ti ~~ 4 --- I~~ ~ ~~ ~- a ~ - _=~ ~ _ ___ ~~ 4,. u~#~ ,, \\ ~ .~ ~ • err r ~~ d~ r.r.r..r.rr ~~ `'qwt.. u.owrr r ~.. ~"~ e~ .^.~..~~ • ~ ~ ~ .. ~~ ~~ ~~ °""rti"rs~woweor °~ ma.w~or~ao 4~ ~ S~ ~~~ s '',~~ ~~ ~'".` ~~ ,~. .off ~~ •""~ ~~~ ~~ :... ~~ ~~~_m~~m Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 3. Conceptual Building Elevations (dated: 1/15/08) 1 ,,,,`"fir .awMU r> ?1 ; ~R k p; ~~~~E ~~ or =~''.~ ~__ ~ -`~ w;_.~_ ~_' ~. •. `~`~+ lJ -- -- ~_.._ r_--- __--- - -- .~. ~~ ~ Ped C~60e~¢epWa1 Exhibit A 1 1 Page 3 ~~~ o~~ 6e ~ C v m°mdt N~ Malor 4-@a~eeptval ~Ilon Leo w.ns ~. ®., ~.,.,... CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 B. Agency and Department Comments 1. PLANNIl~IG 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 standazd 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 ZO-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 SEPTEMBER 2, 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 may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop 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 SEPTEMBER 2, 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 pazking 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 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a cleaz driving surface which is 20' wide. 3.4 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical cleazance of 13'6. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface aze 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 cleaz driving surface. Streets with less than a 29' street width shall have no pazking. Streets with less than 33' shall have pazking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured azound 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 aze required to have access roads in accordance with The International Fire Code Appendix D Section D105. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 3.14 The proposed right-in driveway where the current Beckham 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 Beckham 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 fast. 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 Beckham 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 SEPTEMBER 2, 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 S-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 Rackham 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 lettep fpom ACRD 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 fmal 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 S 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 ACHD roadway or right-of--way. 8.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 8.2.4 Replace any existing damaged curb, gutter and sidewalk and any that 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 SEPTEMBER 2, 2008 8.2.6 Utility street cuts in pavement less than five yeazs old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 8.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze and certify all improvement plans. 8.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 8.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spaze or filled) aze compromised during any phase of construction. 8.2.12 No change in the terms and conditions of this approval shall be valid unless they aze in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 ~ ~~ °L.,~~ A. M~I4te, °~T ~. i~ulter, 8slt 4id~ [3~da9, 'mod ~ S. E'rmtdMr, Flrbctss ~. Farrtt~ tklayv ?I[)~, ~0~ Tom: 9®e aitvaa k~e~ett9gr Ohiel; d'~+d5~ Fire ~l~paJtment E 8=rank[ira Rma~# M~r"adiara, laicah~n B~L~~ Butget5t Restrict~ra ag Radtha~aa Wag amass o~t3tt Overeas~d R~t9 Qn ~roi 1 fe. 2BQB, the .tea ~~vra~p ~f'igh~~ Oistrit~ de~-Oi-lap Cauaumn aid oea r+~-tB@-QB9 fir t6a~ arrneaaatioea aeati rezooae esf agsPraxhnat~ety 4.,~7' atrree~ at the nurttaeast cam~r of F~".e artt! Om~iar-~ 8~'t>at~ 6aar the ~aua~ptsse ~eruaa~jcial develaFaeaeaa~ Ra~'Icharra R+1~ay, ®paa~fia street aantfer the juristtitafi~ro trf ~'aO&{D, is aasijacenR t~ the ~aroPerties That ~ro in~r~G~d ~ >it~ dearel®~nent a~~8i®ee As ®resu[~ of this aka. ~ev~eral s~ sgecifu; waa~rt"saaas ~f a~romal iravatvirtrr~ 9Taa~cla¢na 9A~~a~ ~ teviedi aJ~II71 the gPpG~arnt ~ the ~`itamm~51ti71. Bite sg-e~fiC C~Rtlltltlra ~} a~uir~c0 ~ C~9rb~'~'T9~ tom, 'P~ a ~ tn.cst tle~sid stcf~~;eaat '~ t~u~~ ~he~ eas4 ~'r iansta~-i~ a six iaaata Wised rea~~n tZf r~s~ct ~ reali~ne~ Rackharea 4Ma~ t~ rigFet-iea~'right aa~i irn ti~e~ S~at~are. I7~ckhaee~'~18ay ~erilB ~e ~trid~ tm r~9rt- i~dri~ght-matt eiEher ean, a deteamQaatima b'Y e~i-fiD siafff of a sutts9¢rdial safer issaae, tir tan the tamuisi®aa ®f a ~a^nrae~ro faasaaa RartEharrb ~.+tPmy~ it®a siBoaa~iaetl icote~rs~~aaa to the Baste wyhich~uer aaa~uls firs3.° Thc 14+Jerit6cfn ~r=~ r~eierut lht~s s ieatC'~a'6~ t® /iOFtl7 staff that wafil st~h toer~ gas the is a ~rerr~t~itan ~2e'l~/i~n Ra~am ry~ra9- at.~s ~t Mite Coa:e[s ttt the O+a~rlared-Sijvsrstaa~~ mt'~rs~e~rr, m Ge~-oi at~ss drmrae ®ver(~aaa~ Rt~aeB east~und to Raakhaora 91gap raortht?ound is esseoate'J ~ ~v~'na~ aef~uate~ emer~err~ serar~es ~ a0 P~~~ atx~ssea! via Rackhaaea may. 9ra der to ensua•~ ~ettuate emm~r®enclr r~espcnse ~ tIa§s area. J-GI•t® staff ~vi0 trt9iroate a~itia tae P~ea~ ~Qe Depaltrr~~n3 Ete ens that ang/ mess a~actimn e9evs~es d© me aras~ltesfl a3 fire mderse~n e@f ®v~irad 9~f~a~ a-r~ Raafsheres'd9i'a~ avill alttsw ffor em~rgl v~h:rdes Ira ttun f~i iii Raclk9aam 'b'~a~ from C)verla~! Rats ~s~tcta as a ~. rarcess or a aaaaam~ble mer(aecaj. Thais teFt-tuna access III tae eer~in~ir~ed a3 least aantr~ a ~lic tmru~t~ion aar®ss Ecg9at Mite Orel rrtart~a of Sh*~rlart~ Rom is achierre~. if ~ have ae~y a~aestiemns, ~aleas~ feel free to ~rrtat~ me aat (22Q~p SST-B7 ~~. BiraIv. ~~ ~s'r~tE 6dooaaaat9 831anner n R~9it-mf'd~~y art~l E)ia~7taaeeanfl ~rvi~es ~~ file l~naam ~anaairr~, Neteridara ~if9f F~~anrrirt~ A3e~artrroeri3 9eahn ri`dass~ra, ACeiID Tz ~rvi Tamara Thaeaa}xstara. ~rr~mark QT~wefaPeer~a~t Grmttga y Hit • !~ • ~Ye D~ •83354 • Plt ~--dim0 ~ F3f 9~7D ~ m+r~r Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 C. Legal Descriptions & Exhibit Maps 1. Annexation and Zoning Boundary TOOTl91H~Ai-ORTON ENGIIVEF.ItING COA+II'ANY oortsttr.7~ro ~.~, stntvgxaRS A~ eu 9797 SNtNDEN BOULEV.NRD Bt715l;, IDAitO a3714.2088 208.823.22118 • FAX 208.313-2399 botse~tcanercoea+o Project No: 07212 Dale: Dumber 19, 2007 Page: 1 of 2 E7C1~11' ~A" pianexatioa Description A parcel of laud, located is the Southwest Quarter of Section 16, Township 3 North, Range 1 Fast, Boise Meridian, Ada. Gounty, Idaho, described as follows: BEGITG at the earner common to Sections 16, 17, 20 and 21, fi~ which the quarter caffier cammoato Sections 16 and 21 bears 5.89°22'S4"E., 2665A7 feei~ thence, along the West line of said Section 16, 1} N.00°49'23"W., $10.16 feeZa thenrs, 2} N.89° 10'37"E., 93.61 feet to a point on the westerly line S. Raclshl~ way; thence, along the t~rtheasterly cad easterly li=e of an 1.8132 acre parcel of land conveyed to the Ada County Highway District by Deed lnsttvmeat No. 142103903, the following courses: 3) 5.51°26'41"E., 263.62 feet; thence. 4) S.00°24'06"W.,140.10 feet to the northwest corner of Pt1rc®1 II of Deed Instinlrtaent No. 106056140; thecae, slang the Nrtherly line of said Parcel II and the Northerly line of Parcel I of said Deed rent No. 106056140, 5) 5.66°51'S4"E., 261.30 feet to an eagle is the northeasterly line of said Parcel I; thence, slang the aartheasterly line of said Parcel I, 67 836°53'00"E., 45b.34 feet to the Northright-of-way line of Gvetland Road; trance, 7) 5.00°37'06"W., 48.00 feet to the South line of mid Section 16; thence, along said South line, 8) N.89`~2'S4"W., 800.84 feet to rte PUINT OP' BEGI11l1~TI1VG. CONTAINING: 9.06 acres, more or less. See attached Exhibit "B°-Annexation Map, which is hereby made a part of this description. Thin description was prapar®d fry dead information and is not the result of a survey made on ffie grooad by Taothman-flrton F,nginaering Co. 79~ d~crlptioo is subject to change at such time as a survey fs made oa the ground. Toothmae-Acton 13ngineeriog Co. assumes no liability for itR accwacy. ~s,de~iaiinn is not for recard~e. 1•iw~2 tzal~se~suxvar~a~n- At~rlsxanota.a~e BC+ISE • GAEL9It d'AI.EIYE • CAI..Dv Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 ~ ~ ~j ~uarr "a~-~xx~xA~oN ~ ~, ss A PORTION OF THE ' ®` SW 1/4, SECTION 16, 1 '• TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M. 1 ~ F ADA COUNTY, IDAHO I ~~, I n ~ 11 1 ~~ I ~ ~ D Qi57WA~AFM ~ NC. 10216176{ m \ I N \ ~`$~. ~~f qp~ • ~`tK f Ii' ~i4 I ` ~ + t 1 ~ ~ 1 \ AIAIF7tlQWN BOUC~ARIi - - PARCH. BdAYDNiY 3 - - - - .- - N.0.0. OR AD~ONFR I I I P/RC~ 7~ ~; ~ `, ~ ~ "'ti ~ - . - . - 9ECg0fUL UtO: °~ o ANl$E PaWr ~ i 871183l8~1 I I I ~~ ` ` • r` PARCEI. ~ ~ PARCkl ~ [GEED e~iAl9~lf No.l ~ Stt1BS18~QS ~ PMT. ` Z I 1~eN0 I ~ 911 tt1~f6t63 PARCa ~ \ ~Q I P GfID eISIRInEalr No. PARCEL 1 Jy. I ~ 108G0871o ~ o® nv~s7RU16wr 1a. ~ loeosal+o '~Ir aF _ _ _ _ -'---~--- > >s ov~rrarm Goan z-- ------- ,e eao ea' . N 64 W -~._._~ ao a~ a~ 0 75 150 300 450 LDiE TABLE utvE eealswD LEaroTH L9 N8B'10' 93.81 12 taD.lo L3 SDD' 48.OD TOOTHMAN-ORTON ENGIIJEERING CO. ENGINEERS SURVE`/ORS PLANNERS 9777 CHINDEN BOULEVARD BDISE, IDAHO 83714-2~8 PHONE: 208-323-2288 FAX: 208-323-2399 r-~rt~arz~~ous-rre,loxc our:is/m/ar d~an~: ~-I~ Exhibit C Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 2. Vacation Boundary T'00'tHMAN-©BTdN ENGLNBIERIIIIG C014iPA1RIY aaavsutr~ taus, sutevsvons atw 9777 CliIdJQ~R sOilLEV4Rt) BOISE, IDkHO 637142 29®-3~3-2269 • fh% 1A8.3.3.2349 b°~ooe~agrco.can Project No: 07212 Date: December 19, 2007 Page: l of 2 E~71~1[T "A" Vacation Descaiption- A Portion of S. Rackham Way A variable width portion of right-of-way, tocsYed in the Sottthnrest Quarter of S~tion 16, Township 3 North, Range 1 lest, Boise Meeidian, Ada Caunty~, Idaho and being a portion of a 1.8132 acre parcel of land conveyed to thr Ada County Highway District by Deed Instrument No. 102103903, de6cribed as fotlows: C®MMF.1tiCING at the corner common to Sections 16,17, 20 and 21, fium which the quarter corner common to Sections 16 sad 21 bears 5.89°22'54"1., 2665.07 feats thence, along the South line of said Section 16, A) 5.89°22'S4"E., 282.42 feet; thence, B} N.00°37' 16"E., 66.00 feet to a paint on the nardierly right-of-way of Overland Road, marl~g the POINT' OF BT~GI~iNING, said point being the Southeast corner of said 1.8132 acre parcel of iand; thence, along said northerly ri.gltt~f way line, 1} N.89°22'54'"W., 60.00 feet to the Southwest corner of said 1.8132 acne parcel; thence, along the westerly line of said 1.$132 acre parcel the following courses and distances: 2) N.00°49'25"W., 234.Oi1 fcet to the beginning of a tangent curve; thence, 3) Northwesterly along 6aid curve to the left, having a radius of 271.56 feet, an arc length of 199.Ob feet, through a central angle of 42°00'(x", and a long chord that bears N.21 °44'25"'UV.,194.64 feet to the beginning of a tangent curve; thence, 4} Northw~ly along said curve to the right, having a nadius of 304.}5 feet, an arc length of 222.73 f~, through a central angle of 41°50'53", and a long chord that bears N.21°53'58"11~'., 217.81 feet; thence, leaving said westerly line, 5) N.89°10'53"E., 9.Oa f~zt to the begirtni~ttg of anon-tangent curve; thence, 6) Southeasterly along said c~uve to the left, having a radius of 295.95 feet, an arc length of 2l 6.13 feet, through a central aogle of 41°54'36", and a long chord that bears 5.21°54'07"E, 211.36 feet to the beginning of a tangent curve; thence, Tj Southeasterly along said curve to the left, having a radius of 216.38 feet, an arc length of 115.99 feet, through a central angle of 30°4x'47°, and long chord that bears 558°10'49"E., 114.60 feet; thence, 8} 5.73°32']2"E., 2.07 feet to the beginning of anontangem curve; thence, 9} Southeasterly along said curve to the right, having a radius of 331.56 feet, an arc length of 128.49 feet, through a central angle of Z2° 12' I S", and a long chord that beers 5.11°55'32"E., 127.69 feet; thence, along a line tangent from said curve, 10) S.00°49'25"E., 235.51 feet to the POINT OF BEGINNING. ntoazraavvrs~~staav- a.o.w. vacarrox.a°c >3C7YSE • COEUR d°ALEE`1E • ~des+LD4vELL Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 -~BTON G C:ob11PAAiY Project No: 07212 Dar®: December 19, 20fl7 Page: 2 of 2 CONTAi1HI1~TG: ©.SJI acres or Z5~45g square feet, tnam or less. fee Exhibit `B"-R.O.Q. Vacation Map, vvhsc6 is bere~y made a part of this deserigtion. 1~is description was pnpmtd frcte deed information and is not the rosolt of a storey made a®the gmmmd ay Tmoth~ltaa-fhton En ' Co. This des~eiptlon i6 subbjes :0 cltenge at sac6 time ss a sort~ey $s made 0o the ~oimd. Toothman-Orton Engineming Co. aasomes eD liability for itg Y. This deA ~tiom iris oat fior tecordina. a ...,.. ~~~ J$ f Z~ ai H:1012124w~9llar'~4URV~Y'~A- RQ.9/. YACATIO\l.doe Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 Il ~ ~ _~ 1 IZ01~ID ~ I anNEwJmw BOISR7ARY { PARCEL BDIRiMRY / ~ ,/ - -- RA%. dR ADJ~ . _ ~ o AIRaE ~ ® vACAt® R.aar. ~ ~ e,,,, PARCEL Q I ~ U15fRU-ffAlf /ID. Z I iCE0~B710 n is p9F 20 at 0 75 150 300 450 ~"- R.O.W. OACATION MAP A PORTION OF THE SW 1/4, SW 1/4, SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EASE, B.M. AOA COUNTY, 10,4H0 s ~ s• e LeE U ~7,~, lZ 4 0' u is `` s `p~pl ~ p0 SG ~~~ y~S'~~6tS?fq ~` 81fl~Q3 PA@Ck1 "'~ ~ ~ 731 ` 311181l6{~ v ~ l~Id~./~ ~ C~ aAReEL o ~ 9 ! 4 .~ rf OP ~O ` - _ i 'PCIM OF BF.QII+Qm9D' G - - to a~.ev N ss2z s4 r ~ ~ zt TOOTH>~AN-ORTON E~TGIIJEERING CO. ENGINEERS SURVEYORS PLANNERS 9777 CHINOETd BOULEVARD BOISE, 8TAH0 83794-2008 PHOPIE: 208-323-2288 FAX: 208-323-2399 f-fllE Fk\07212~FiA8-R.4.V. WC.01~ ~ 9z~/o~ ,~aniz anion 1t \. AM crolxrlr ~+~ esnacr gym. s 4 Exhibit C Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 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. The Commission 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; The Commission finds that retail stores and restaurants aze 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. The Commission 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; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfaze. Staff recommends that the Commission and Council rely on any oral or written testimony that xnay 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 Commission 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 11-5B-3.E). The Commission fords that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Commission 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