HomeMy WebLinkAboutStaff ReportCITY OF MERmIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 28, 2008
STAFF REPORT
HEARING DATE: October 28, 2008
TO: Mayor & City Council E IDIAN%--
FROM: Sonya Wafters, Associate City Planner 1 D A FI O
.(208) 884-5533
SUBJECT: Emerson Park
• MDA-08-005
Request for a new Development Agreement for Emerson Pazk to include
previous conditions of approval for Mussell Comer and new conditions of
approval for Emerson Park, per requirement of the preliminary plat for
Emerson Park Subdivision
1. SUIVIMARY DESCRIPTION OF REQUEST
The Applicant, Kuna Victory LLC, has submitted an application requesting to modify the recorded
Development Agreement (MDA) for Mussell Corner (Instrument No. 104153422), approved with the
Mussell Corner Annexation (AZ-03-038), and later amended through a development agreement
modification application (MI-06-005) (Addendum Instrument No. 106155843).
The original development agreement (DA) and subsequent DA addendum for Mussell Corner covered
the entire 21.38 acre area that was annexed and platted as Lots 1, 2, 3, and 4, Block 1, Mussell Corner
Subdivision. In 2007, a preliminary plat of 17.84 acres was approved for Emerson Pazk Subdivision,
which is a re-subdivision of Lots 1, 2, and 4, Block 1, of Mussell Comer Subdivision; Lot 3, Block 1,
Mussell Corner Subdivision where the feed store and convenience store/fuel sales facility aze located
was not included in the Emerson Pazk plat. As a condition of approval (#1.1.1) of the Emerson Park
preliminary plat, the applicant was required to apply for a modification to the original DA and
addendum to include the conditions of approval of the preliminary plat. The subject MDA application
satisfies this plat requirement.
The subject property is located on the northeast corner of E. Victory Road and S. Meridian Road.
2. SUMMARY RECOMMENDATION
The City Council has final decision making authority on MDA applications. Staff is recommending
approval of the subject application (MDA-08-005) to modify the recorded Development
Agreement for Mussell Corner. (See Analysis, Section 8, of this report, for more details.)
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA-
08-005, as presented in Staff Report for the hearing date of October 28, 2008, with the following
changes: (insert any changes here). I further move to direct Legal Department Staff to prepaze an
amendment to the recorded Development Agreement for this site that reflects the changes noted in
Exhibit A.2.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-08-
005 as presented during the hearing on October 28, 2008. (You should state why you aze denying the
request.)
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 28, 2008
Continuance
I move to continue File Number MDA-08-005, 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:
The subject property is located on the northeast corner of W. Victory Road and S. Meridian Road
in the southwest'/a of Section 19, Township 3 North, Range 1 West
b. Owner:
Kura Victory, LLC
P.O. Box 2020
Boise, ID 83701
c. Applicant:
Same as Owner
d. Representative: Richard Andrus, Spink Butler, LLP (208-388-0230)
e. Present Zoning: C-G (General Retail & Service Commercial District)
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request: The applicant requests approval of a DA for Emerson Park
Subdivision to include the provisions from the Mussell Corner DA approved with the Mussell
Corner annexation, and later amended through a development agreement modification
application, and also the conditions of approval of the preliminary plat for Emerson Park
Subdivision, which is a re-subdivision of Lots 1, 2, and 4, Block 1, of Mussell Corner
Subdivision.
h. Applicant's Statement/Justification: Taken from the Applicant's narrative, "The present
application of a modified DA will apply to Lots 1 and 4, Block 1 of Mussell Corner. Thus, the
modified DA will replace the original DA and the addendum on Lots 1 and 4, Block 1 of Mussell
Corner, but the original DA and the addendum will continue to apply to Lots 2 and 3, Block 1 of
Mussell Comer." See Applicant's narrative for more information.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a development agreement modification as
determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a
public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: October 6, 2008 and October 20, 2008
c. Radius notices mailed to properties within 300 feet on: October 3, 2008
d. Applicant posted notice on site by: October 16, 2008
6. LAND USE
a. Existing Land Use(s): The site is currently being used as a nursery for Victory Greens, a
convenience store, and fuel sales facility.
b. Description of Character of Surrounding Area: The property is bordered on the south by Victory
Road and on the west by Meridian Road and is surrounded on the north and east with existing and
future residential uses with future offices across the street on S. Meridian Road. This property is
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 28, 2008
located within a rapidly developing area of the City.
c. Adjacent Land Use and Zoning:
1. North: Future single-family residential (Bitterbrush Point Sub.), zoned R-4; and a veterinary
clinic, zoned RUT (Ada County)
2. East: Single-family residential, zoned R-4
3. South: Victory Road and Tanana Valley (mixed-use subdivision), zoned R-8
4. West: Meridian Road and Strada Bellissima Subdivision, zoned L-O
d. History of Previous Actions:
- In 2003, the subject property (21.38 acres) was granted Annexation and Zoning (AZ-03-038)
approval with a C-G zoning district. A Development Agreement was approved with the
annexation (Instrument No. 104153422). A Preliminary/Final Plat (PFP-03-007) was
approved for 4 building lots on 21.38 acres. A Conditional Use Permit (CUP-03-071) was
approved for a planned development to allow construction of a combination feed store and
convenience store/fuel sales facility on one of the proposed lots and to allow the existing
commercial and residential uses to remain.
- In 2006, a Development Agreement modification (MI-06-005) was approved by City Council
(Instrument No. 106155843).
- In 2007, a Preliminary Plat (PP-07-014) was approved for Emerson Park Subdivision
consisting of 34 commercial retail building lots and 1 common lot on 17.84 acres. This was a
re-subdivision of Lots 1, 2, and 4, Block 1, of Mussell Corner Subdivision.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Public Works has no comments for this application.
Location of water: Public Works has no comments for this application.
Issues or concerns: None
2. Vegetation: NA
3. Floodplain: NA
4. Canals /Ditches /Irrigation: NA
5. Hazards: NA
6. Size of Property: 17.84 acres
7. AGENCY COMMENTS MEETING
No comments were received by the Planning Department from other City departments for the subject
application. Please see the public record for the MDA file for any written comments that may have
been submitted by other agencies.
8. ANALYSIS
a. Analysis Leading to Staff Recommendation:
Staff has provided analysis below regarding the proposed application.
The Applicant is requesting Council approval of a new DA for Emerson Park Subdivision (platted
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 28, 2008
as Lots 1 & 4, Block 1, Mussell Corner Subdivision) that reflects the conditions of approval of
the preliminary plat (PP) for Emerson Park. The proposed DA will also include provisions from
the original DA (AZ-03-038) and the later addendum (MI-06-005) (Instrument No. 104153422
and Addendum Instrument No. 106155843), approved with the annexation of Mussell Corner that
are applicable to the subject property.
The original development agreement (DA) and subsequent addendum covered the entire 21.38
acre area that was annexed and platted as Lots 1, 2, 3, and 4, Block 1, Mussell Comer
Subdivision. In 2007, a preliminary plat of 17.84 acres was approved for Emerson Park
Subdivision, which is a re-subdivision of Lots 1, 2, and 4, Block 1, of Mussell Corner
Subdivision; Lot 3, Block 1, Mussell Comer Subdivision where the feed store and convenience
store/fuel sales facility are located was not included in the Emerson Park plat. As a condition of
approval (#1.1.1) of the Emerson Park preliminary plat, the applicant was required to apply for a
modification to the original DA and addendum to include the conditions of approval of the
preliminary plat.
Although Lot 2, Block 1, Mussell Corner Subdivision was re-platted with the Emerson Park
Subdivision preliminary plat, the applicant states this lot will not be final platted with Emerson
Park. This lot will remain platted in Mussell Corner Subdivision. Also, this lot is not owned by
Kuna Victory, LLC, the owners of the land to be final platted as Emerson Park; the lot is owned
by Tim and Carol Mussell. For these reasons, the applicant wishes for it to remain as part of
Mussell Corner and be subject to the DA provisions associated with Mussell Corner, not the
proposed new DA.
If approved, the original DA and addendum will remain in effect for Lots 2 and 3, Block 1,
Mussell Comer Subdivision. The proposed DA will only apply to Lots 1 and 4, Block 1, Mussell
Corner Subdivision, preliminary platted as Emerson Park Subdivision.
Staff has included the applicant's proposed DA in Exhibit A.2 with Staff's recommended changes
noted in red strike-out and bold/underline format.
9. RECOMMENDATION
Staff is recommending approval of the proposed modifications to the Development Agreement
for Mussell Corner as shown in Exhibit A.2, per the analysis in Section 8 above.
10. E~~ITS
A. Maps/Other
1. Vicinity/Zoning Map -Property Subject to Emerson Park Development Agreement
2. Proposed Development Agreement for Emerson Park
CITY OF MERIDIAN PLANNING DEPARTIVIENT STAFF REPORT FOR HEARING DATE OF OCTOBER 28, 2008
Ezhibit A.1 Vicinity/Zoning Map -Property Subject to Emerson Park Development Agreement
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
Exhibit A.2 -Proposed Development Agreement for Emerson Park (Staffs recommended changes
noted in red bold/underline and strikeout format)
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Kura Victory, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Development Agreement"), is made and
entered into this day of , 2008, by and between the CITY OF
MERIDIAN, a municipal corporation of the State of Idaho (hereinafter "City"), and KUNA VICTORY,
LLC, an Idaho limited liability company (hereinafter "Ovvner/Developer").
RECITALS:
1.1. WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of
land located in the County of Ada, State of Idaho, described in Exhibit A, which is
attached hereto and by this reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
1.2. WHEREAS, the Property and additional lands adjacent thereto (hereinafter collectively
"Mussell Corner Subdivision") were previously approved by the City for annexation,
zoning, preliminary plat, conditional use permit, and certain modifications thereto under
Files AZ-03-038, PFP-03-007, CUP-03-071, and MI-06-0O5; and
1.3. WHEREAS, that certain Development Agreement recorded in the real property records
of Ada County, Idaho, on December 3, 2004, as Instrument Number 104153422, together
with that certain Addendum to the Development Agreement recorded in the real property
records of Ada County, Idaho, on September 29, 2006, as Instrument Number 106155843
(collectively, the "Original Development Agreement") encumber Mussell Corner
Subdivision, including the Property; and
1.4. WHEREAS, upon recordation of this Development Agreement, the Original
Development Agreement shall be void and terminated in its entirety and of no further
force or effect in relation to the Property. but shall remain in effect for Lots 2 and 3,
Block 1, Mussell Corner Subdivision; and
1.5. WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance,
require or permit as a condition of re-zoning that the Owner/Developer make a written
commitment concerning the use or development of the subject Property; and
1.6. WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-
15-12 and 11-16-4 A, which authorizes development agreements upon the annexation
and/or re-zoning of land; and
1.7. WHEREAS, Owner/Developer submitted, and the City approved, an application for
preliminary plat approval of the Property identified as Application No. PP-07-014
(hereinafter "Emerson Park Subdivision"), wherein the City required a modification of
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
the Original Development Agreement to reflect the conditions of approval for the
Emerson Pazk Subdivision; and
1.8. WHEREAS, Owner/Developer made representations at the public hearings both before
the Meridian Planning & Zoning Commission and before the Meridian City Council, as
to how the subject Property will be developed and what improvements will be made; and
1.9. WHEREAS, record of the proceedings for the requested approval of Emerson Park
Subdivision held before the Planning & Zoning Commission, and subsequently before the
City Council, include responses of government subdivisions providing services within the
City of Meridian planning jurisdiction, and received further testimony and comment; and
1.10. WHEREAS, City Council on the 18~` day of December 2008 approved certain Findings
of Fact and Conclusions of Law and Decision and Order for Emerson Pazk Subdivision,
set forth in Exhibit B, which aze attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the "Findings"); and
1.11. WHEREAS, the Findings require the Owner/Developer to enter into a development
agreement to replace the Original Development Agreement for Lots 1 and 4, Block 1.
Mussell Corner Subdivision only; and
1.12. WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into
this Development Agreement and acknowledges that this Development Agreement was
entered into voluntarily and at its urging and requests; and
1.13. WHEREAS, City requires the Owner/Developer to enter into a development agreement
for the purpose of ensuring that the Property is developed and the subsequent use of the
Property is in accordance with the terms and conditions of this Development Agreement,
herein being established as a result of evidence received by the City in the proceedings
for annexation and zoning designation from government subdivisions providing services
within the planning jurisdiction and from affected property owners and to ensure
annexation and zoning designation is in accordance with the amended Comprehensive
Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title
12.
NOW, THEREFORE, Owner/Developer and City desire to enter into this Development
Agreement and for and in consideration of the mutual covenants contained herein, it is agreed as follows:
2. INCORPORATION OF RECITALS: That the above recitals aze contractual and binding and
aze incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Development Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless
the cleaz context of the presentation of the same requires otherwise:
3.1 "City": means and refers to the City of Meridian, a party to this Development
Agreement, which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33
East Idaho Avenue, Meridian, Idaho 83642.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
3.2 "Owner/Developer": means and refers to Kura Victory, LLC, an Idaho limited liability
company, whose address is 519 W. Front Street, Boise, ID 83702, the party owning and
developing said Property being developed as Emerson Park Subdivision and shall include
any subsequent owner(s)/developer(s) of the Property.
3.3 "Property": means and refers to that certain parcel(s) of Property located in the County
of Ada, City of Meridian as described in Exhibit A describing certain parcels to be re-
platted as part of the Emerson Park Subdivision attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY TffiS DEVELOPMENT AGREEMENT:
4.1 The uses allowed pursuant to this Development Agreement are only those uses allowed
under City's Unified Development Code codified in Table 11-2B-2 and herein specified
as follows:
a) Principally permitted uses on the subject property shall be allowed without
Conditional Use Permit approval, provided all future buildings have: sloped
metal roofs with overhanging eaves that are supported by posts; are oriented
toward the public street (Front door facing street); siding visible from the street
containing at least athree-foot tall wainscoting constructed of stone, brick, or
other similar materials; that each building will provide a variety of building
materials and colors; and each building is generally consistent with the nine
pictures submitted with MI-06-005 (attached to this n~en~ agreement as
Exhibit C , as determined by the Planning Director. If a future proposed
building is not consistent with the above-mentioned provisions, then the building
and use shall be required to obtain Conditional Use Permit approval prior to
construction and operation.
b) Future construction on the subject site shall be generally consistent with the
Master Site Plan submitted with MI-06-005 (attached to this addendum
aiireement as Exhibit D), as determined by the Planning Director. All buildings
with frontage on Victory Road or Meridian Road will be limited to a maximum
11,000 square foot building footprint and no building on this site shall have a
building footprint larger than 20,000 square feet. If a future proposed building is
not consistent with the Master Site Plan, then the building shall be required to
obtain Conditional Use Permit approval.
c) That all future buildings on the subject property will be required to submit a
Certificate of Zoning Compliance (CZC) application prior to construction. And
all future buildings adjacent to Meridian Road and anv other buildin>s that
require desii:n review approval per the Unified Development Code will be
required to obtain Design Review approval prior to construction.
4.2 No change in the uses specified in this Development Agreement shall be allowed without
modification of this Development Agreement.
5. DEVELOPMENT IN CONDITIONAL U5E: Owner/Developer has submitted to City an
application for conditional use permit, and shall be required to obtain the City's approval thereof, in
accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
condition of, the commencement of construction of any buildings or improvements on the Property that
require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
Owner/Developer shall develop the Property in accordance with the conditions in the Findings attached as
Exhibit B and in accordance with the Unified Development Code.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Development Agreement and the
commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of
the Owner/Developer or its heirs, successors, assigns, to comply with Section 6 entitled "Conditions
Governing Development" of subject Property of this Development Agreement within two years of the
date this Development Agreement is effective, and after the City has complied with the notice and hearing
procedures as outlined in I.C. § 67-6509, or any subsequent amendments or re-codifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION:
Owner/Developer consent upon default to the de-annexation and/or a reversal of the zoning designation of
the Property subject to and conditioned upon the following conditions precedent to-wit:
8.1 That the City provide written notice of any failure to comply with this Development
Agreement to Owner/Developer and if the Owner/ Developer fails to cure such failure
within six (6) months of such notice.
9. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the
entirety of said development of the Property as required by this Development Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and conditions
of this Development Agreement and all other ordinances of the City that apply to said Development.
10. DEFAULT:
10.1 In the event Owner/Developer and/or its heirs, successors, assigns, or subsequent owners
of the Property or any other person acquiring an interest in the Property, fail to faithfully
comply with all of the terms and conditions included in this Development Agreement in
connection with the Property, this Development Agreement maybe modified or
terminated by the City upon compliance with the requirements of the Zoning Ordinance.
10.2 A waiver by City of any default by Owner/Developer of any one or more of the
covenants or conditions hereof shall apply solely to the breach and breaches waived and
shall not bar any other rights or remedies of City or apply to any subsequent breach of
any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this
Development Agreement or this Development Agreement, including all of the Exhibits, at
Owner's/Developer's cost, and submit proof of such recording to Owner/ Developer, prior to the third
reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance
in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute
and record an appropriate instrument of release of this Development Agreement.
12. ZONING: City shall, following recordation of the duly approved Development Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
13. REMEDIES: This Development Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure
the specific performance of the covenants, agreements, conditions, and obligations contained herein.
13.1 In the event of a material breach of this Development Agreement, the parties agree that
City and Owner/Developer shall have thirty (30) days after delivery of notice of said
breach to correct the same prior to the non-breaching party's seeking of any remedy
provided for herein; provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the defaulting party shall
commence to cure the same within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity, then the time allowed to cure
such failure maybe extended for such period as maybe necessary to complete the curing
of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be performed hereunder by either
Owner/Developer or City is delayed for causes which are beyond the reasonable control
of the party responsible for such performance, which shall include, without limitation,
acts of civil disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
14. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of
credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3,
to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required
by the City.
15. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of
Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer
have entered into an addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the City.
16. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all
ordinances of the City of Meridian and the Property shall be subject to de-annexation if the
Owner/Developer or its assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City
of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this Development Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Kuna Victory, LLC
519 W. Front Street
Boise, ID 83702
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1 A party shall have the right to change its address by delivering to the other party a written
notification thereof in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning
this Development Agreement, the prevailing party shall be entitled, in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Development Agreement.
19. TIlVIE IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of
the essence with respect to each and every term, condition and provision hereof, and that the failure to
timely perform any of the obligations hereunder shall constitute a breach of and a default under this
Development Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS. This Development Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Development Agreement shall
be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person
acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the
Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof
and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Development Agreement if City, in its sole and reasonable
discretion, had determined that Owner/Developer has fully performed its obligations under this
Development Agreement.
21. INVALID PROVISION: If any provision of this Development Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Development
Agreement and the invalidity thereof shall not affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Development Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written,
express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this Development
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or
resolution of City.
22.1 No condition governing the uses and/or conditions governing development of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or amendment in force at the time of the
proposed amendment.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
23. EFFECTIVE DATE OF AGREEMENT: This Development Agreement shall be effective on
the date hereinabove written.
ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties have herein executed this Development Agreement and
Made it effective as hereinabove provided.
OWNER/DEVELOPER:
KUNA VICTORY, LLC
an Idaho limited liability company
By: Oaas Laney, LLC,
an Idaho limited liability company,
its Member
By: Whiterock Investments, LLC,
an Idaho limited liability company,
its Member
By:
T. Erik Oaas, Manager
By: Laneyland L.P.,
an Idaho limited partnership,
its Member
By:
Steven H. Laney, General Partner
CITY OF MERIDIAN:
BY:
MAYOR TAMMY de WEERD
Attest:
CITY CLERK
CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
STATE OF IDAHO )
. ss.
COUNTY OF ADA )
On this day of , in the year 2008, before me, a Notary Public,
personally appeared T. Erik Oaas, known or identified to me to be a Manager of Whiterock Investments,
LLC, a Member of Oaas Laney, LLC, a Member of Kona Victory, LLC, the limited liability company
that executed the within and foregoing instrument, or the person who executed the instrument on behalf of
said limited liability company, and acknowledged to me that such limited liability company executed the
same.
Notary Public for Idaho
Commission expires: _
Residing at:
STATE OF IDAHO
COUNTY OF ADA
ss.
On this day of , in the year 2008, before me, a Notary Public,
personally appeared Steven H. Laney, known or identified to me to be the General Partner of Laneyland
L.P., a Member of Oaas Laney, LLC, a Member of Kuna Victory, LLC, the limited liability company
that executed the within and foregoing instrument, or the person who executed the instrument on behalf of
said limited liability company, and acknowledged to me that such limited liability company executed the
same.
Notary Public for Idaho
Commission expires:
Residing at:
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
STATE OF IDAHO
. ss.
COUNTY OF ADA )
On this day of , in the year 2008, before me, a Notary Public,
personally appeared Tammy de Weerd and William G. Berg, known or identified to me to be the Mayor
and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed
the instrument of behalf of said City, and acknowledged to me that such City executed the same.
Notary Public for Idaho
Commission expires: _
Residing at:
CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
EXHIBIT A
Legal Description of Property
Lots 1 and 4, Block 1 of HUBBELL CORNER SUBDIVISION, according to the Official Plat
thereof filed as Instrument Number 106068718, Book 95 of Plats at Pages 11624 through 11626,
in the records of Ada County, Idaho on May 2, 2006.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
K~'~:IId3~~~-,~
~atci~s for E~e~on Park ~nbdi~~nsion
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepazed by Toothman-Orton Engineering
Company, dated July 6, 2007, is approved with the conditions listed herein. The Applicant shall
comply with all previous requirements of this site including those associated with AZ-03-038,
PP-03-007, CUP-03-071, MI-06-005, and Development Agreement Instrument No.'s 104153422
& 106155843. The Applicant shall apply for a Miscellaneous application to amend the existing
Development Agreement(s) for this site to reflect the conditions of approval of the subject
preliminary plat.
1.1.2 All future structures on the subject lots shall be required to obtain Certificate of Zoning
Compliance (CZC) approval prior to issuance of building permits. Additionally, all structures
on Lots 1-7, Block 1 that are adjacent to S. Meridian Road (an entryway corridor) shall also
obtain Design Review approval with the CZC.
1.1.3 All future structures on the site that do not comply with the building elevations shown in
Exhibit A.4 and the materials listed in the Development Agreement (Instrument No.
106155843), shall be required to obtain Conditional Use Permit approval prior to construction
and operation.
1.1.4 A driveway stub to the north property boundary and cross-access easement is required to be
provided to pazcel #82114050305. The driveway shall be a minimum of 20 feet wide and be
constructed to ACHD standards. Cross-access shall be provided through a recorded document and
a copy of said easement shall be submitted to the City prior to the City Engineer's signature on
the fmal plat OR a note shall be added to the face of the final plat granting said cross-access.
1.1.5 The landscape plan submitted for this project, prepared by Toothman-Orton Engineering, labeled
Sheets Ll & L2, dated 7/13/07, is approved subject to the following revisions/notes:
a. Provide a minimum 35-foot wide landscape buffer along S. Meridian Road in accordance
with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum
density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other
vegetative groundcover.
b. Provide a minimum 15-foot wide landscape buffer where there is adequate room available on
the site where no buildings or parking lots exist along E. Victory Road in accordance with the
standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1
tree per 35 lineaz feet is required within the buffer with shrubs, lawn, or other vegetative
groundcover. Provide additional trees and landscaping within the Victory Road buffer to meet
this requirement. The Applicant shall submit an application for Alternative Compliance for a
reduction in buffer width to 15 feet along Victory Road prior to or concurrent with the final
plat application.
c. Provide a minimum 10-foot wide landscape buffer along Holleran Drive and Emerson Street
as shown on the landscape plan and in accordance with the standazds listed in UDC 11-3B-7,
Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HARING DATE OF OCTOBER 28, 2008
within the buffers with shrubs, lawn, or other vegetative groundcover. Provide additional
trees and landscaping within the Holleran Drive & Emerson Street buffers to meet this
requirement.
d. Provide a minimum 25-foot wide landscape buffer along the north property boundary
adjacent to pazcel #82114050305 (residentially zoned RUT in Ada County) as required by
UDC 11-2B-3, in accordance with the standazds listed in UDC 11-3B-9, Landscape Buffers
to Adjoining Uses. Said buffer shall be provided comprised of, but not limited to, a mix of
evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover at a density that
results in a barrier that allows trees to touch at the time of the tree maturity.
e. The Applicant shall eitheY landscape the 30-foot wide Kennedy Lateral easement with grass
and low lying bushes or shrubs (not trees) as allowed by the irrigation district or provide a 5-
foot wide buffer outside of the Kennedy Lateral easement planted with trees and vegetation in
accordance with the standazds listed in UDC 11-3B-9C, Landscape Buffers to Adjoining
Uses, to meet the requirement for a buffer to residential uses.
f. A written certificate of completion should be prepazed by the landscape azchitect, designer, or
qualified nurseryman responsible for the landscape plan and submitted to the Planning
Department upon completion of the landscaping prior to Certificate of Occupancy for the site.
All standards of installation should apply as listed in UDC 11-3B-14;
g. Comply with the standards in UDC 11-3B-lOC for preservation of existing trees on site as
follows:
- Mitigation shall be required for all existing trees four-inch (4") caliper or greater that
aze removed from the site with equal replacement of the total calipers lost on site up to
an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch
caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) fl-
inch caliper trees, or seven (7) 3-inch caliper trees.)
- No mitigation is required in the following: (i) existing prohibited trees within the street
buffer or parking lot; (ii) existing dead, dying, or hazazd trees certified prior to removal
by the City of Meridian Parks Department azborist; (iii) trees that aze required to be
removed by another governmental agency having jurisdiction over the project.
- Required landscaping: Existing trees that aze retained or relocated on site may count
towazd the required landscaping. Mitigation trees aze in addition to all other
landscaping required by this Article.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above,
with the final plat application(s).
1.1.6 A minimum 35-foot wide street buffer is required along S. Meridian Road; a minimum 15-foot
wide buffer is required along E. Victory Road located outside of the ultimate right-of--way where
no buildings or parking lots exist; and a minimum 10-foot wide buffer is required along Holleran
Drive and Emerson Street. These buffers shall be depicted on the plat as a permanent
easement/buffer or included as a common lot in the subdivision and shall be maintained by the
Business Owner's Association.
1.1.7 No signage is approved with this application. All signs proposed for this site shall obtain separate
sign permit approval.
1.1.8 Across-access easement shall be recorded for all lots within the subdivision that do not have
frontage on a public street, or front Meridian Road. All lots within the subdivision should have
access to the access points approved in this application. This easement(s) shall be recorded and a
copy of said easement(s) submitted to the City prior to the City Engineer's signature on the final
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
plat OR a note shall be added to the face of the final plat(s) granting said cross-access.
1.1.9 It shall be the responsibility of the Applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
1.1.10 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.
1.1.11 The access driveway at the north end of this site to Meridian Road that is currently being used for
loading for Victory Greens shall be removed and the use discontinued prior to signature on the
fmal plat for phase 2 of the development, as depicted on the phasing plan/plat shown in Exhibit
A.2.
1.1.12 Direct lot access to Meridian Road is prohibited; other than the access points specifically
approved with this application, direct lot access to S. Meridian Road and E. Victory Road is
prohibited and shall be noted on the final plat. The relocation of the existing access to/from State
Highway 69/Meridian Road further to the north should be allowed if agreed upon by the owners
of Double D, the Idaho Transportation Department, and City Council. A Variance is required to
be approved by City Council for the relocation of an existing access point to a state highway.
1.1.13 All areas approved as open space shall be free of wet ponds or other such nuisances except for the
pond on Lot 6, Block 2, which shall be allowed to remain provided that the pond have re-
circulating water and be maintained so that it does not become a mosquito breeding ground, in
accordance with UDC 11-3B-9C6. All stormwater detention facilities incorporated into the
approved open space are subject to UDC 11-3A-18 and shall be filly vegetated with grass and
trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots,
except as permitted under UDC 11-3A-18. Where the Applicant has submitted a preliminary
landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with
the preliminary plan with modifications as proposed by Staff. If the stormwater detention facility
cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-
18, then the Applicant shall relocate the facility. This may require losing a developable lot or
developable area. It is the responsibility of the developer to comply with ACHD, City of
Meridian and all other regulatory requirements at the time of fmal construction.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to City Code.
1.2.2 The Applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with City Code.
1.2.3 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.2.4 Staff's failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does
not relieve the Applicant of responsibility for compliance.
1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service for the north portion of this development shall be via extension of the main
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HARING DATE OF OCTOBER 28, 2008
in Meridian Road. The south portion of the project will sewer to the Black Cat trunk that will
need to be installed in E Victory Road. The applicant will be responsible to install a portion of the
Black Cat trunk along their south frontage on E Victory Road starting from a manhole that will be
located on the West side of Meridian Road at the developer's expense. The applicant shall install
mains to and through this subdivision; applicant shall coordinate main size, manhole locations
and routing with the Public Works Department. The applicant shall 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 Standazd
Specifications. Staff will work with the Applicant to draft a reimbursement agreement that will go
before City Council for approval, as outlined in City Code 9-4-19.
2.2 Water service to this site is being proposed via the existing mains in E Victory Road, and S.
Meridian Road. Due to fire flow requirements the applicant shall be responsible to install
multiple water connections in E Victory Road, and S. Meridian Road. The applicant shall be
responsible to install 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).
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (LJDC 11-3A-6). The applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, asingle-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer will
be responsible for the payment of assessments for the common areas prior to signature on the
final plat by the City Engineer.
2.5 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.6 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the azea being developed shall be tiled. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. ff lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.7 A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking azeas. Storm water
treatment and disposal shall be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standazds and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regazding Shallow
Injection Wells.
2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
required improvements prior to signature on the final plat. These include but aze not limited to,
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water.
2.9 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive
final approval prior to occupancy. Other required development improvements, such as fencing,
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy
2.10 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.11 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or neaz sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.14 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.
2.15 The engineer shall be required to certify that the street centerline elevations aze set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.16 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public
residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typical locations aze at street intersections and/or fire hydrants, and no further than
400' distance in between locations. Final design locations and quantity aze determined after
power designs aze completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and permit from Building Department prior to
commencing installations.
3. MERIDIAN FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant mazkers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
shall have a cleaz driving surface which is 20' wide.
3.6 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.
3.7 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 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.9 Maintain a separation of 5' from the building to the dumpster enclosure.
3.10 Provide a Knox box entry system for the complex prior to occupancy.
3.11 The first digit of the Apartment/Office Suite shall correspond to the floor level.
3.12 The Fire Dept. has concerns about the addressing of the existing house and the address being visible
from the street which the project is addressed off of. Please contact the Addressing Specialist at
898-5500 to address this concern prior to the public hearing.
3.13 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
3.14 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.15 There shall be a fire hydrant within 100' of all fire department connections.
3.16 Buildings over 30' in height aze required to have access roads in accordance with The International
Fire Code Appendix D Section D105.
3.17 This project will be required to provide an emergency access driveway at the north end of Holleran
Drive to S. Meridian Road with a 20' wide swing or rolling emergency access gate setback 30-feet
from S. Meridian Road. The gate shall be equipped with a Knoxbox Padlock which has to be
ordered thru the Meridian Fire Department. The emergency access driveway may be incorporated
into the required stub street at the northern property boundary. Construction plans shall be approved
by the Meridian Fire Department.
3.18 Emergency response routes and fire lanes shall not be allowed to have speed bumps.
3.19 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three
means of fire apparatus access for each structure. Two of the access roads shall be placed a distance
apart equal to not less than one half of the lengkh of the overall diagonal dimension of the property or
azea to be served, measured in a straight line. The fire department requests that any future
signalization installed as the result of the development of this project be equipped with Opticom
Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles.
This cost of this installation is to be borne by the developer.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 The Pazks Department did not submit comments on this application.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
6. SANITARY SERVICE COMPANY
6.1 The existing enclosure on this site needs to be modified.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Construct the internal streets (Emerson Street / Holleran Dr.) as a 41-foot street section with
vertical curb, gutter and a 5-foot attached concrete sidewalk within 54-feet of right-of--way.
Provide an easement for any portion of the sidewalk located outside of the right-of--way.
7.1.2 Construct two cul-de-sac turnarounds at the north and south terminus of Holleran Drive.
7.1.3 Construct the southern common drive intersection Emerson Street approximately 280-feet north
of East Victory Road, paved 24-feet in width and at least 30-feet from the edge of pavement of
Emerson Street.
7.1.4 Construct the northern common drive intersecting Emerson Street approximately 310-feet north
of East Victory Road, paved 24-feet in width and at least 30-feet from the exge of pavement of
Emerson Street.
7.1.5 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
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.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
Ezbibit C
Buildins Elevations
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
~- , ,
~,~~~~
~~ ____-
a ~;.
,.,
__ ~tij
~~ ~_
,_
;~
~'~'~~ ,.
~~ ~
.~, %, ;
r
~~
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
.~
,;
_----- '~~ 4 _ -.~~
~~ ~ '.__-~__a-~ ' i---
-,.`
4~
Er ~ ~ ` m
i - - 1 ! ~~
~:~ .~.
.:
~.
~ ~~~ ~
_.. _ .r..
i
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008
Ezhibit D
Conceptual Development Plan