Loading...
HomeMy WebLinkAboutStaff Report~~~~rvE~ ~~aa~ Hearing Date: March 5, 2009 CITY ®FC~fa ,ICS OFFICE <::~~: r;< R ~ ~ ~r~. :? _:4~. y~l -,,~; .~; ~' 1~5 .. pj5"< (Continued from February 19, 2009) E I~~~i r "~ Continuance After considering all Staff, Applicant and public testimony, I move to continue File Numbers AZ-08-015, RZ-08-009 and PP-08-012 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 site is generally located on the wet side of S. Locust Grove Road, north of E. Overland Road and south of Interstate I-84 in the SE '/a of Section 18, Township 3 North, Range 1 East. b. Property Owner of Record: Ronald Van Auker 3084 E. Lanark Street Meridian, Idaho 83642 STAFF REPORT TO: Planning & Zoning Commission I D Q H C3 FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 - Fignut 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ronald Van Auker, has applied for Annexation and Zoning of 15.08 acres from RVT (Ada County) to C-G (General Retail and Service Commercial) (3 acres) and I-L (Light Industrial) (12.08 acres); rezone of 1.69 acres from C-G (General Retail and Service Commercial) to I-L (Light Industrial); and preliminary plat approval for 6 non-residential lots and 1 common lot on approximately 16.78 acres. The applicant has also requested alternative compliance to allow the required street landscape buffers adjacent to E. Bird Dog Drive, east side of S. Fignut Way and I-84 be installed with lot development and deviate from the plantings required for the landscape buffer along western plat boundary because of an existing irrigation and storm drain easement. See Section 9 for further discussion. 2. SUIVIlVIARY RECOMMENDATION Staff is recommending approval of the proposed development with the Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. 3. PROPOSED MOTION Approval After considering a115taff, Applicant and public testimony, I move to recommend approval to the City Council of File Numbers AZ-08-015, RZ-08-009 and PP-08-012 as presented in the Staff report for the hearing date of March 5, 2009, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all Staff, Applicant and public testimony, I move to recommend denial to the City Council of File Numbers AZ-08-015, RZ-08-009 and PP-08-012 as presented during the public hearing on March 5, 2009, for the following reasons: (you should state specific reasons for denial of the AZ and PP requests.) Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 - 1 - ;$;; r *_'~'-~ ~.: r~,; Tom, ~' ~-~;~ f ~ '=~', t. ~'v ti {. .;,wti =,~; f. ~: ,~~ ~: c. Applicant: Same as above d. Representative: Matt Munger, Munger Engineering, Inc. e. Applicant's Statement/Justification: Please see Applicant's submittal letter for more information. 5. PROCESS FACTS a. The subject applications are for Annexation and Zoning, Preliminary Plat and Rezone per City Ordinance. A public hearing is required before the Planning & Zoning Commission and City Council consistent with Meridian City Code Title 11, Chapter 5. b. The subject application is for alternative compliance review per City Ordinance and does not require Commission consideration. A public hearing is not required consistent with Meridian City Code, Title 11, Chapter 5. c. Newspaper notifications published on: February 2, 2009 and February 16, 2009 (Commission) d. Radius notices mailed to properties within 300 feet on: January 30, 2009 (Commission) e. Applicant posted notice on site by: February 23, 2009 (Commission) 6. LAND USE a. Existing Land Use(s): There are existing structures (outbuildings and single family home) on the site that need to be removed prior to signature on the final plat. b. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject site is surrounded by mix of uses. To the west there is an existing child care center, vacant commercial land and a church; to the north is interstate I-84; to south are single family residences and a convenience store and to the west is vacant commercial and industrial land. 1. North: Interstate I-84 2. South: Single-family Residential (Sportsman Pointe Subdivision) and Maverick C-store, zoned R-4 and C-C 3. West: Pack It Up Subdivision, Child Care Center and Church, zoned C-G and L-O 4. East: Vacant Land; zoned I-L and C-G c. History of Previous Actions: A portion of the Lot 1, Block 2 of the proposed plat was annexed and zoned C-G in 2006. d. Utilities: 1. Public Works a. Location of sewer: E Overland Road. b. Location of water: E Overland Road and S Locust Grove Rd c. Issues or concerns: None e. Physical Features: 1. Canals/Ditches Irrigation: The Nine Mile Creek transverses the western property boundary and is currently tiled. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A maj ority of this site lies within the XS flood zone but is not within the floodway. A portion of the Lot 2, Block 1 (northwest corner) and the tiled Nine Mile Creek adjacent to the western property boundary are located in the AE flood zone. In 1992, the southern half of the proposed development was revised per a LOMR (case Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 - 2 - :,r,!~ '... #~ ~~ Sri i® .. III ,~. . number 93-10-020P). 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is currently designated "Mixed Use-Community" on the Comprehensive Plan Future Land Use Map. The purpose of the Mixed Use areas, as defined on page 102 of the Comprehensive Plan, is as follows, "There are five sub-categories of the Mixed Use designation. Generally, the designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual 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 requested "Mixed Use -Community" designation allows up to 25 acres ofnon-residential uses, up to 200,000 square feet ofnon-residential building area and residential densities of 3 to 15 dwelling units to the acre. At this time, the applicant has no vision for how the site may develop. The majority of the site (approximately 13.7 acres) is proposed to be zoned I-L and the remaining acreage is proposed for C-G zoning. Staff believes the requested zoning allows for a mix of uses in the area and the commercially zoned lots fronting on Overland Road and Locust Grove Road may develop with support uses to complement the industrial uses that may develop in the area. Staff finds the application is generally consistent with the Mixed Use-Community land use designation. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject CPA, AZ and PP applications and offers the analysis and recommendations contained herein for the Commission and Council's consideration (Staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 -3- • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item Z) On the preliminary plat, the Applicant is proposing to construct a 40 foot Woad section with five foot wide attached sidewalks on both sides. The proposed street will provide future access for the lots proposed with this plat and connects the project to both arterials. Further, the existing access point to Locust Grove was approved when the overpass was constructed and aligns with an existing access point on the east side of Locust Grove. A S4 foot access easement is also proposed at the western edge of the cul-de-sac that provides cross connection with Lot 2. Block 1 of Pack It Up Subdivision. Staff and ACfID are supportive of the street lay-out and both access points. • "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The applicant is responsible for installing a 2S foot landscape buffer along Locust Grove and Overland Road; a SO foot landscape buffer adjacent o I-84; and a 10 foot landscape buffer adjacent to the proposed local/commercial streets. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city limits. Sanitary sewer and water are available to the proposed development. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed zoning districts (C-G and I-L) permits a variety of uses and should compliment the mix of uses in the area which include: church, daycare, office and convenience store. • Chapter VII, Goal I, Obj ective E (page 111) -Establish industrial areas to meet the employment needs of the City of Meridian. Staff believes this area is appropriate for industrial uses based on the existing road network, proximity to I-84 and compatibility with existing industrial and commercial uses surrounding the property. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses: Commercial: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-G zoning district. The applicant does not have a specific use identified for the proposed C-G zoned lots. Future development of these lots shall conform to the permitted, accessory and conditional uses of the zoning district as outlined in the UDC. Industrial Districts: UDC Table 11-2C-21ists the permitted, accessory, and conditional uses in the I-L zoning district. The applicant does not have a specific use identified for the proposed I- Lzoned lots either. Future development of these lots shall conform to the permitted, accessory and conditional uses of the zoning district as outlined in the UDC. b. Purpose Statement of Zoning District: Commercial: 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 Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 - 4 - ~. ,-. p~ ~~i, ~'2'~. fl:R~~h ~,~~. .- ~ . , ~' ~~ ;: ...:. ~- . .. ~~ rf'K~~ ... F ~ ~ P" ~~ 4w: tp; i- ~{ ..~. f' 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. Light Industrial: The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. c. 1. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-G zoning district and UDC 11-2C-3 for the I-L zoning district. 2. Landscaping: (see dimensional standards above) • Width of street buffer(s): 50 feet adjacent to I-84; 25 feet adjacent to E. Overland Road, a principal arterial street; 25 feet adjacent to S. Locust Grove Road, a minor arterial street and 10 feet adjacent to E. Bird Dog Drive and S. Fignut Way, both local streets. • Width of buffer(s) between land uses: A 25-foot wide landscape buffer is required in the I-L zoning district adjacent to non-industrial uses. • Percentage of site as open space: NA • Tree Preservation: Mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. There are existing trees on the site proposed to be removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department, for any trees that will be removed 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ and Rezone Applications: The Applicant is requesting approval to annex and zone 15.08 acres from the RUT zoning district in Ada County to the C-G and I-L zoning districts in the City. All of the property is currently designated on the Comprehensive Plan Future Land Use Map as Mixed Use-Community. Concurrently, a long narrow 1.69 acre parcel along I-84 is proposed to be rezoned from a C-G zone to an I-L zone. Although the applicant is not proposing any specific uses, staff believes the proposed zoning districts allow the necessary flexibility to develop a cohesive mixed used development. Staff finds the proposed annexation and rezone request consistent with the Mixed Use-Community land use designation. PP Application: Plat Design --The proposed preliminary plat would create 6 buildable lots and 1 common lot on approximately 16.87 acres of land. Two of the lots are proposed to be zoned C-G and four lots are propose to be zoned I-L. Proposed lots range in size from 0.95 acres to 3.7 acres. All of the lots proposed with the subdivision meet the dimensional standards of the UDC. Access: Access to this development is proposed from a public locaUcommercial street (S. Fignut Way and E. Bird Dog Drive) with 5-foot wide attached sidewalks. The proposed streets will provide future lot access and connects the proposed development to the abutting arterial streets (Locust Grove Road and Overland Road). Staff and ACRD are supportive of the street lay-out as proposed. Said streets and sidewalks shall be constructed prior to release of occupancy for the subdivision. Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 - 5 - :',-~ i _, .,;,: ~.;:~_% ,;~~ `->~.: _ } i ;< ._~~:? ,. ::fir; ~~ ~ i' -,,fi „,; }''=~ =; `' k~s <, ~Y, =~<~; _.<,: ,. ,~> _. -~. ~. :a" R: ,. ; _. H` ;',~i ~~s.. ~.,:, Cross-access: UDC 11-3A-3 prohibits direct lot access to arterial and collector streets when local street access is available. As mentioned above, the applicant is proposing to construct public locaUcommercial streets to provide connectivity with the abutting arterial streets. Because this street section will probably be classified as a locaUcommercial street, future access will be taken from said street in accordance with the UDC. Further, the applicant is proposing a 54-foot access easement along western edge of the cul-de-sac/property boundary which provides connectivity with Lot 2, Block 1 of the Pack It Up Subdivision. Staff is also recommending additional cross access between Lot 1, Block 2 on the proposed plat and the Maverick store at the southern property boundary to allow access to E. Bird Dog Drive as these two lots share aright-in/right- out only access to Locust Grove. Cross access shall be provided as described above via a note on the recorded final plat or a separate recorded agreement at the time of final plat submittal. Landscape Plan: The applicant submitted a landscape plan with this application submittal. The purpose of the plan is only to illustrate the streetscape buffers required for the proposed subdivision. The UDC requires a 50-foot wide landscape buffer adjacent to I-84; a 25-foot wide landscape buffer adjacent to Locust Grove Road and Overland Road and a 10-foot wide landscape buffer along E. Bird Dog Drive and S, Fignut Way. Per UDC 11-3B-7-6 only driveways, signs and walkways are allowed impervious surfaces in the required landscape buffers along streets. Vehicle display pads and other related impervious surfaces are prohibited in the required buffer. In addition, the UDC requires a 25-foot wide landscape buffer where I-L zoned property is adjoining non-industrial uses. Lots 2 and 4, Block 1 and Lot 2, Block 2 are adjacent to existing and proposed C-G zoned property. With future development of the I-L zoned lots, the applicant shall construct a 25-foot wide landscape buffer adjacent to the boundaries of the C-G zoned lots in accordance with UDC 11-3B-9. Staff will ensure compliance with this requirement with future CUP or CZC applications. Further, staff has reviewed the submitted landscape plan, prepared by South Landscape Architecture, dated 1/22/09 and believes the landscape plan is in substantial compliance with the UDC. However due to constraints on the property and lack of a specific user, the applicant has requested alternative compliance. See alternative compliance section below for further analysis. Alternative Compliance: The applicant has applied for alternative compliance to allow the required street landscape buffers adjacent to E. Bird Dog Drive, east side of S. Fignut Way and I- 84 be installed with lot development and deviate from the plantings required for the landscape buffer along western plat boundary because of an existing irrigation and storm drain easement. NMID has a 100-foot imgation easement that runs along the southern boundary of Lot 2, Block 1 and encompasses all of Lot 1, Block 2. A portion of the proposed roadway and the attached 5-foot sidewalk also encroaches into this easement. Further, ACHD has a 20-foot drainage easement that parallels the irrigation easement and connects to ACHD detention pond site west of lot 2 of Block 1. These easements do not allow for trees to be planted in them. As an alternative to not planting the required 27 trees, the applicant is proposing to landscape ally of Lot 1, Block 1 and the 25 foot- wide landscape buffer adjacent to the southern boundary of Lot 2, Block 1 with lawn, a mix of shrubs and boulders grouped in clusters throughout the landscape buffers. Based on the restriction of trees within the easements, Staff believes strict adherence for the required trees is not feasible in this case. It is important to note the applicant is not asking for a reduced buffer width. As mentioned above, the applicant has also requesting the 50-foot wide landscape buffer adjacent to I-84 and the 10-foot wide buffers adjacent to E. Bird Dog Drive and the east side of S. Fignut Way be installed with lot development. The applicant states in the narrative they will install the required 25-foot wide landscape buffers adjacent to Overland Road and Locust Grove Road and landscape all of Lot 1, Block 1(west side of S. Fignut Way) with the final plat approval. Staff is supportive of the request because there is a possibility the landscaping maybe damaged as Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-OS-027 -6- development occurs on the lots. In addition, the applicant has approximately a quarter mile of frontage along I-84. Therefore, staff believes there is an undue hardship on the applicant particularly since the applicant does not have any end users who want to develop in the area. Staff is supportive of both the applicant's request and approves ALT-08-027 associated with the findings in Exhibit D. Note: Per UDC I1-SA-2; Alternative Compliance applications are approved at administrative level by the Planning Director. However, because ALT is requested concurrently with the CUP, Staff has included analysis on the ALT request in this staff report; the ALT application does not require Commission/Council action. Elevations: The applicant has submitted elevations for staff to review. Staff has attached the elevations in Exhibit A below. After reviewing the submitted elevations, staff believes the proposed building design and materials would not meet the City's design guidelines or comply with the City of Meridian Design Manual. Therefore staff is not tying the proposed elevations to the DA. Instead staff is requiring all future buildings conform to the Design Manual and design guidelines of the UDC. Development Agreement (DA): UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA 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 feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Prior to 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 DA shall incorporate the provisions listed in Exhibit B of the Staff Report and be approved by the Council within 12 months. Please be advised a $303.00 fee will required to process the development agreement. 10. EXITS A. Drawings 1. Vicinity Map 2. Annexation boundary 3. Preliminary Plat Boundary 4. Preliminary Plat (dated: 12/05/2008) 5. Landscape Plan (dated: 01/22/2009) 6. Elevations (NOT APPROVED) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Ada County Highway District 6. Nampa Meridian Irrigation District 7. Central District Health C. Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Code Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 - 7 - F ~~,_.,_, 1. Vicinity Map 1120 ~-2 1126 1085 .915 ~-L 1311 1303 1140 SITE Rl 1155 1180 i C-G ---. I-L INTERSTATE 84 INTERSTATE 84 1 soo ~ ~ I-L ~~ 1495 1301 _\ ~ ~; L-O ' u1 >-. o,. 1500 ' i ~ ~ ~ .. - 1495 ~ 1250 V ' I ~ ' ... C-G . ........ .. ...._.. _...., 1780 ~+ C-G 1b00 1230 1540 1100 1274 1322 C-C ' E OVERLA ~D - - -- ~' ~~g6 0 o N m ~ ~ 'aw 1620 \~~a2 by9. low; N 1648 '16g~ s ~. , ,~a . 1695 ~p W ~ n a n o o~ 1n ~ '- n 1664 s'O L-~ 1024 ~ o rn .o ~ N ~ N en n ~'P)9' 1g61 1670 C-N 692 9016 ~ ~ 1708 11~ ~?~ .- 1384 1706 1689 1700 ~',, B 6 ~ ' X00 ~ 1732 1731 1728 1725 1728 ' Exhibit A - 1 - 2. Annexation Boundary _E_OVfRLAND RD `--`- _.____.__ 1 N .... 4. 96 0 0 oO < < .<N- ~ ~ u $ ~ N ~ 1648 I 1 X63 `; %".aa ~'~ 1545. ~s 3. Preliminary Plat Boundary ..,~. ar _ C-G INTERS't"ATE- I84__L__-` ~o~ 1780 C-G C-N Exhibit A - 2 - L N ~ n P N ~ O N w 1620 ~ ` ~~ ~ U' '' 0 0 ~ ~ c` ~t. ~b ~ '', ~ '. N 1648 7 \~ i p, i, 1695 ~ < < W 637 by ~ O O M ~ b _N N N ~i{~~ M M ~,~+ j 1664 6j ~ L-~'U 1;.. .y,< ~' ~~. ~~~$. ,ss 3? ~~ `~~!:~ ;~.d. `s~ t ~y . ~:, ~ h .}~ tiz. "a _~ r~ - ?;1 `.4~`Y r b-~' :~ : -: ~~_ ~~, 4. Preliminary Plat ~ ~ ~ ~ ~ ~~n ~ ~ ~~ ~ ~ 39~ _ ~~~~~~~ ~~~~~~~~~~~~ag~s~~~tQ~D~ ~~~ ~"~ ~~ ~_ ~ :~ ~ ~~~ c I,t? 11 ~ •~+9 ~g~1 I 6LS~n~.Od '.~ '~n'~.~.~ ~ YA ~ 119 ?. I ~ * 'ax ~ f''! var 5+-,fit'. ~ a ~~, ~ _ I I - '~~ ! ~ ~' F~ ~ ~~~-d r ~~ M i~~ ~ ~ ~ ~ ~ ~i~ ~ S I" ~ ,,,r _ -~" ~ ~ ~ 9~~ ~ ~~ ~ ~~~ ~ ~~~~ ~ ~2 u - ~~ ~' ~~r r ~'~ '~~,GGJgL"Qpl~~j`pS5 ryaP ~ ®~'Y,"d~ ~ ~ r~ ~! ~ gi `1~ ~~~pqpqC~, y~ ~~ ~6~$~Cq e..,yy,~~ ~ ~ d r~ U5 ,; - Y Y 1 n ~~ s ~ - , 9_ - ~' _ } "mil F- -- -,_„y, 1j ~ ~~ ~ ~ ~ I + t r ~ C t L ; ~'.:y r~r t ~~'t _. ~.. Yid ~ ~~,. 8~ ~i r'~° • i 4 e. ~ ~ J n ~" y i 1- t ,. _ ~, P- J r Z ( t, ~ -a .a ~ o- a _ _ e ~ 7`. e~~, e, ~~ 99 . 6 ~J f i' ~ ' ~Y' - ~ r .4~~ -a 7, ~j It~~ ~ ~~ ,t c9 i , ~~ ~ ~~ r~ ~ , - ,, ~---_-~ _. Fat; e~-'-.-a as ~a w"~`-+~i l '_ 'Y ~` - t ~ I±±` ~ : ~ l 1 I---I Exhibit A - 3 - a Y:: f:1>~'~`? :~' ~. Y:, t f ~' ~- i ~~t~~~~ ~'; ~; ~ ~~< i` ~~t~ -3~aN •~T r, :~~, "c ~ ,-A~j ~~~ ~, ~r `~~ ~,... *i: ''] ' Fz +: ~; ~i ~~x ~",. .~. u.Ah:..~ ~~t 5. Landscape Plan CCC K~ ,6~~~ ~~ ~$ ~, $m~~ ~~ ~~~~~~ (A 3 i ~~ ~ 9 9 ~ 7 e ~ i F ~i e ~ ~e~~~~ ~ 93s d 0 ,~ 6 ~ ~ ° ~ ~ ~ 1 ~~g$r~ ggq~ I ~M'g~iS a~.g5~ i~ ~ 0~~~~ 5 ~ C 9y ~ ~ n ~ 09 j i ~ k3 P(~ . $ ~ ~~ i .. . _-- _ - ~~ e ~ g ~ -~§ ~ ~~ t~ v~~ ~ t~ J ~------1_,1- e ~~, ~ * W.> ~ ;~ P i .: y ~, _ r. M~ ,~ - - - ~trJ_~ ~~ -_ ~~ ~ i~~~ ~f~' P a` ~~~ ~ ~ ~ Rg~ J a ~ i ~ ~~s~ ~ ~ +~`~ 4~fe n~` ~ I ~ .~. U; ~ ~'~ ~~ rn Xd ~ ~~,~~9 4 ooe~fc BY ~~ P a g c!) ~ ~y~~~~a u ~ i I ~~ ~ "-------- _ _ ~i ~- . - - ~~: _, z _._. ~, _ ____~ ~ an aeoeo lenoo~ ~_~,r __r.--.-.a -c--~'--- ~ - + ~ ~'~~ ~ - _~~ '. ~ ~ - ~~ a <u g t ~ ~ ~ 5" ~ ro y ~ ( ~c s~ ,.~I ~ ~~ i ~w~ ~,~ ~ j W~~ ~ ~ ~ ~, i --.- - t o, r,~ra ~ ~ E ~~ ~ , ~~ __ _ a. ~ ~~ ~ ~ ~ ~ ~ r ~ ~ ~IE "~~J ~r ~ ~ ~ yl ~h. ~ g~i1 f; ~q y~ ~ r ~ - Q. ~~ i ~ ~; ~ i ! ' z~~' ~ iis i~ r.~ ~ a ~ ~ ~} 4j gl4y ~€,I i + `s ' ~^ le~ J' ~~~ s ~ ~I ~i ~ ~~ ~'~. ~,--'~'~ ~~ ') ~~9 ,, ~. ~.~.____ d ~' ~~.E~ ~.~..~~ ~ 1713313 ~'~l1YW _~, _-~ r{~~~~ `` ,, a- ~ - ~ ~~~ - ~ 713313 31~/1'l1Y7V ~ 4 ~ ., ~ ~ y r. f,' r ~ ~'j ~ ~ ~ 1~ Exhibit A -4- .. `, 5:~ JJ p: i.r+ ASS . ? Y a: ~~=~ ~ F-,,. _ ~. g ,, K .~ T ~ `~- ~ ''~ i y -~' lil ~T ~ y~ i i I~' ~ •I '. ,__ C. __._ `~ ~ ii ~ i~ i ~ l t~` ~ ~ ~~ i ~' ~y Y ~ '!~' ~ }f~ I i`f 9 -K l ;~ ~ , j ~; . +'T' . ~_ I b 'r. s I i i ~ ~. Exhibit A ~---'-----Ij~--~- ---. _, ~_- ~! ` '~ ~~~ l `_ ~ ~ ~ ~_ I ~sf~ i ~~r> W ~ eefl Y `k 5C '~.~ 6Cm ~ ~ I~~ ~~~~ _~_ <~ ~~~~ ~ ~ ~~' i~~~ i ~' i ~ i--'- ,, --~--«- i ~ ~-. i ~ ~~ ~ s~ ~/ Gil f d AAppYY JIJ 9Y YYYYYY p ~ a ~ °~ I ~ ~'~ iai ~~ 6& _ - .~ ~. i °1~ ~ ~ ~;~ ~I~ yy yy 9 gY ~ ~ i ii l ~ i LL I I I .°_- I I •~ y , I I, ~ ~~ - L -----~ ~~ + y~~, ~~=~ j-'~ l ~ ~ ~~ ~ I a I L~ ~ I / ~ 5 1g5 ~ (' - _ __ /~I ~ d t ~ ~Yryq i ~j~ W jai 1 ~ y 4S tS~4~ $ e~ ~ I ~ M £ ~N ~~ ~ m $ ~"t ~ iii i~~l ~ , ~ W ~i o s `~ PI ~ - <--x--~~- Qa " sss~~ts~ i ~ s ~ 1 I , b ~ - ~ ~~ , _ .. = o n A e n e~ ~ 7 ~ a A ~ ~ ~. I i C i _ ~ j @@ 5 ~~ yq '(y?~ ~ Y Y $ ~~Cg ~a $ ~~~~g t ~q$ g .~~~~~ ~ ~ }~ @ ~~ ~ 6 d I ' ~ I ~ ~y y ~ i # ~~ a eg.p p a ~~~~Y~~~a~~~@~ OM 3 @ yP 9 6 @ { i a~M ~6 !•~~~~ p j { {g ~~¶8 ifll T1 ~ ~ ~ d •Y I .G V $ L~ ~ ~~li J 6 9 a S S C t N F e ~ i ~~ f 1 ~,;,! -5- ~,: , x.5 .~ ., i'l ~, `=~, a17 ~ ~ .$;' i `, ~ ~., , ~. `,7~`1 z h ~~ ~~~ ] +~.- !1 ~ __j .,. ._ ~:_~IF' ^;.z tiT ,; Y.{i. #' ! d f~~: 4 ~~` ~ ~1, ti 4~ ~F, Styx ,.~"~~ ~~ }r~ '~ . :*; ~: ~~ ;; ~ c ~_:.> pz},... i; ~_ , 6. Elevations (NOT APPROVED) VYE9T ELE1/ATION w..~ L. i - ~...~: ~ a~ ELEVATION [.,_.NORIl1 ELEVATION Exhibit A -6- Building 2 3 ~ ~ ~ i ~ g i ~ © ~ i `~4~° ^' EAST ELEYATi~I .e.x- ~aa ~~ ~~.t."'° 9$x.,:.8 mw~~.,.® e "TTi' ncv~ c~c~w~pq~ Exhibit A - 7 - NpRI-I aeaA~ -~- 8Gd~1119EI/A7pN -sue--- ~'~-, hiding 5 __ Bpw14i Iw2 m! < Y 1 A \ ^n` A arsuaonr ww amee NQRTH ELEVATIpAI 8011TH ELEVATION Exhibit A - 8 - mE41m M, WEST ELEVATi~I .-,~}~. ,~-1.~.'yifi .,,,~. '`; ;'_ it + `~' `"~,; f. ~. ~ : h;~t ~'"- Y ' `71y . kF `~? `:~~ ,n~ F' ~~ ~,3' t y v as .st=?' ., ~x ~°< 3x Exhibit A - 9 - f .' i'r _F ~s ~T'v -.::.~~r~:: ~- .~a :~_. ~.~i-~ '''S {. . , ;vr r~:~ ~; ;~. ,:a~.,t r; ~~ . :~,, `;;.; ': ?y 4', .: B. Conditions of Approval On January 29, 2009, a joint agency and departments meeting was held with service providers in this area. The agencies and departments submitted comments have been included below. 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on December 10 and 11, 2008 and January 6, 2009 by Todd R. Waite, PLS) is accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 within 12 months of Council approval to initiate this process. Please be advised a $303.00 fee will required to process the development agreement. The DA shall include, at a minimum, the following: 1. All buildings in the development shall be subject to the administrative design review standards listed in the UDC pertaining to architectural character, color & materials, and site design in accordance with the Meridian Design Manual. 2. The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any building construction on the subject property. 3. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 4. The Applicant shall be responsible for all costs associated with sewer and water service installation. 5. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fames, glare or odors. 6. The applicant shall construct the public streets (S. Fignut Way and E. Bird Dog Drive) as proposed in accordance with ACRD standards. 7. The applicant shall construct the 50-foot wide landscape street buffer and the 10-foot wide landscape street buffer adjacent to E. Bird Dog Drive and the east side of S. Fignut Way at the time of lot development as approved with ALT-08-027. The 25-foot wide landscape buffers adjacent to Locust Grove and all of the landscaping within Lot 1, Block 1 shall be completed prior to release of occupancy for the fmal plat. Landscape installation shall be in accordance with UDC11-3B-7 and ALT-08-027. 8. With future development of the I-L zoned lots, the applicant shall construct a 25-foot wide landscape buffer adjacent to the boundaries of the C-G zoned lots in accordance with UDC 11-3B-9 and ALT-08-027. 9. Display pads and storage yards are restricted from being located within any of the required landscape buffers. Exhibit B - 5 - ;~; ~_1 ,~-. «~,,.; ,~; ~~,, ;i 1 s SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2 The preliminary plat prepared by Munger Engineering, dated December 5, 2008, is approved, with the conditions listed herein and with the following changes: • A 50-foot wide street landscape buffer easement is required along I-84. A 25-foot wide street landscape buffer easement is required adjacent to Locust Grove Road and Overland Road and a 10-foot wide street landscape buffer easement is required along E. Bird Dog Avenue and the east side of S. Fignut Way per UDC Table 11-2B-3. • The applicant shall provide a 54-foot cross access easement for Lot 2, Block 1 in the Pack It Up Subdivision as proposed on the plat and provide cross access between Lot 1, Block 2 and the Maverick C-store to allow access to E. Bird Dog Drive and share the right- in/right-out only access point to Locust Grove Road. Said easements shall be recorded via a separated recorded document or a note on the final plat. • E. Bird Dog Drive and S. Fignut Way shall be constructed as proposed in accordance with ACI-ID standards. Said streets and sidewalks shall be constructed prior to release of occupancy for the subdivision. 1.2.1 'The landscape plan prepared by South Landscape Architecture, dated January 22, 2009 labeled L- 1 and L-2 (attached in Exhibit A), is approved with following modifications from the Planning Department: • The applicant shall construct the 50-foot wide landscape street buffer and the 10-foot wide landscape street buffer adjacent to E. Bird Dog Drive an the east side of S. Fignut Way at the time of lot development as approved with ALT-O8-027. The 25-foot wide landscape buffers adjacent to Locust Grove and all of the landscaping within Lot 1, Block 1 shall be completed prior to release of occupancy for the final plat. Landscape installation shall be in accordance with UDC11-3B-7 and ALT-08-027. • With future development of the I-L zoned lots, the applicant shall construct a 25-foot wide landscape buffer adjacent to the boundaries of the C-G zoned lots in accordance with UDC 11-3B-9 and ALT-08-027. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 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 utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If 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. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. Exhibit B - 5 - .,~ ~" ~, }~ 4„ `~', '' is h; ;~" -. -.' „Y;k :i.' ~h .'~ . ~, %s: .. ,y ~: . _,,, .,1.t- '~; N ~ `{ ~5 ~ s_:~ , ~~-. ~` r ::=_~ ;,; ~, t ~ :4- _.'° b ,~:. x~ ~ ~} y'> ['he applicant shall erect temporary construction fencing to contain debris around the perimeter rrior to issuance of a building permit. '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. tequired landscaping trees will not be considered as replacement trees for those trees that have to ~e mitigated. Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Muff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Provide a copy of the plan to the Planning Department with the final plat submittal. 1.3.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. 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. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.3.8 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.3.10 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.3.1 l Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORxs DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of main that is located near the applicant's west property line running from N Locust Grove Road to the I-84 Interstate. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in S Locust Grove Road and E Overland Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The Applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 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 Exhibit B - 5 - s .~, . - -~y .; -- ~~_ - x °f,~. W, ~~. ~a ~~~ i ~ ' ->; > -~: u ~ }~; ,t ~t ~,r~} y ` c ': a' .~~ ` ~~ f.j ,.v. ;; ;::~> °~~ f: e, _ ;~ :;.~ ~~ ~~~ .._, distances (marked EXIiIBIT 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. 2.5 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 fmal plat by the City Engineer. 2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 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. 2.9 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. 2.10 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. 2.11 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. 2.12 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. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to obtaining certificates of occupancy. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. Z.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 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. Exhibit B - 5 - Av ;~.. . 1 tai- iF 1 =''i~c ~ ~"~ ,; :~ s:< _: .'- - _;~; ;::~~~ ~ -;..„, i '~? {G '~w~i'~J,~E ,T ~js_ r:~ ~ ,~ `~~: =T~~, -'~~w w i ., ,: ,~,~, "~s,. I ;,.~} ~~ x ,_;.2.40;, :• r~`. ~'~; %. ~ ~ ~~ ~.~~ = . ~~~<;_ .: r~` ~~ J~,; , 2.19 The Applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 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. 2.21 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. 3. MERIDIAN FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers 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. 3.2 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. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.7 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.8 There shall be a fire hydrant within 100' of all fire department connections. Exhibit B - 5 - ~S ~, 3.9 Buildings over 30' in height are required to have access roads in accordance with The International ' ` ~' Fire Code Appendix D Section D105. -~ ~f,.~, 3.10 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 `;-'r~~ 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). ~r ~ 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 k~.< ~ accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). ~, ~~' 3.11 COMMERCIAL AND INDUSTRIAL -Buildings or facilities having a gross building area of - ~ ~~ more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire .~~ apparatus access roads separated by one half of the maximum overall diagonal dimension of the ~- property or area to be served, measured in a straight line between accesses. _ Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) '~ 4. MERIDIAN POLICE DEPARTMENT ~; ~ 4.1 The police department has no concerns related to the site design of this project. ~ $. ADA COUNTY HIGHWAY DISTRICT . 5.1 Site Specific Conditions of Approval f 5.1 Close the existing curb cut on Locust Grove Road and replace it with curb, gutter, and sidewalk ~~ to match existing improvements on either side. :~, .~. ~`' ; S.2 Either dedicate 60-feet ofright-of--way from the centerline of Overland Road, OR dedicate 50- ~ : feet ofright-of--way from the centerline of Overland Road and provide a 10-foot wide sidewalk a, ~"~~ easement abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACFID 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. ~~ ^ 5.3 Close the existing curb cuts onto Overland Road and replace them with curb, gutter, and sidewallc `~= to match existing improvements on either side. ~ ~ ~~> ' 5.4 Construct the Bird Dog Drive to intersect Locust Grove Road located approximately 500-feet _.>~ . _ north of Overland Road (measured centerline to centerline). 5.5 Construct the Fignut Way to intersect Overland Road located approximately 600-feet west of Locust Grove Road (measured centerline to centerline). _ ;~ 5.6 Construct Bird Dog Drive and Fignut Way as 40-foot commerciaUindustrial street sections with '= vertical curb, gutter, and 5-foot wide attached concrete sidewalk on both sides. ~' Exhibit B - 6 - ;~;Yn~ s~ :. -_ a: _ ., ~~:•. i< g`.k. - - _~ =.'-Yre~Y !! ~.;~i i ~F ti~i ~.~:x :s t ~y ~~ H4i MjS ,'y ';~:.: .4 ::; ~> ~..~~ -~.,~ ~ r r- ,,-. :.:.;a ~' < .'K;::F~?.; 5.7 Other than access specifically approved with this application, direct lot access to Locust Grove Road and Overland Road is prohibited, and shall be noted on the final plat. 5.8 Comply with all Standard Conditions of Approval. 5.2 Standard Conditions of Approval 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 5.2.2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 5.2.3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4. 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. 5.2.5. Comply with the District's Tree Planter Policy. 5.2.6. 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. 5.2.7. 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. 5.2.8. 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. 5.2.9. 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. 5.2.10. 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. 5.2.11. 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 ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 5.2.12. 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. 5.1.13. 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 -7- i.~ fi, ~ti M~~; ;; J' ~L~~ .~~ ..yl ~' ~g ~~~ L_~ (T 'q <-~: •A *. Vii, i~~ ~Y'f ~ ~', ,; ,~ ~ ... '.i.{' ~ ~'_ =.. 6. NAMPA MERIDIAN IRRIGATION DISTRICT 6.1 Applicant shall apply for a land use change application prior to final platting. 6.2 All laterals and waste ways must be protected. 6.3 The District's Lateral (Nine Mile Creek courses along the western boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 6.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 6.5 The Developer must comply with Idaho Code 31-3805. 6.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 7. CENTRAL DISTRICT HEALTH DEPARTMENT 7.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 7.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 7.3 Run-off is not to create amosquito-breeding problem. 7.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment, swimming pools or spas and child care center. Exhibit B -8- :. ':~ ~ .. ', y'f. .. fi.u_ #~~ .:a~'ti ,k. r`~ r55-~~~ `i: y "1' ~; 'r,~C ~: ~. ~' <;~i ~a:._. 4.f s`- Ffi~~ :;, ' ,~, ~" .= ,.~z ~~:~s ,; ~.'. ,,:y.. i :==`4i ~- :u.' ;,+, ci- .r, "'~~ .e7. "! F ~ ~ j 1' C. Legal Descriptions and Ezhibit Maps ~V'AtTE Land surveyilag, Ile ~'l1C~ Sunrtx: Rsrn f-'.ate, 5uitc ~~i-L, [ic~ise, IJ> Si5aC15 ?t78:~7~.7.383p Tele. 205.97.3825' Fax ('.N. 24?6 D~etnber 19, 2t}0$ ANNlFaWlAT1O1V DGSCRIPTIOIV A ptvcrl of land louvtted in the 5ttutheact 1 ~~ of Section 18, T.3N., R.l L'.° 13.M., Ada County. Idahv. and bring more particularly deserilxd as follows: Cntnmencing at the Svuthea.~t ~rncr pfsaid Section I8° frvm ~ahiclt the SouU~ 1!4 comer ~fsaid Srctian bears S 89°44' 18" W, 3649.09 feet, thence S $9'44' 18" W along the South bvtutdary of said Section 18 and tlrr sentrrlinr of E. Overland Rd,, foe a distance vf320.31 feet, to the REAL F'OIIVT QF BIEGINiVINC; thence cvntinuint; S 89°44' 1 K"' W stung the South boundary erfsaid Sc4tiion I $ and the ernte~rlinr of E. tQut:rland Rd., for a distance vl'2.a7.98 feet; thence leaving said boundary and centc"rline N t)#J°15'43'° W tztr a distansr of48.fJ0 fort to a paint on ihr North Right-of--Way line of E. Overland Rd and the Svutha~st comer of rack It (tp Subdivision as filed in Bc*ak R4 at Page 936(3, Ada County Rccorcls; thence leap=inb said Right-of=Way line N 29°03'44°' W ulr~nb the F~vt twundary of said subdivision far a distance of 584.73 feet tv the Northeast corner of said sutadivrcion; Uxncc N fi8~22'27" W slung the Northerly luiundary of said suhdi~°ision for a distnncc of36$.85 feet: thanes. lx~ving said Northe~r}y txwndary N t)0°37':(0" E f~~r a distance of 297.86 Feet to thc+ Svuth lxzundary o f the N 1 ~3 ofthe N 1 ~2 vftlre SE1./4 vfthe SE t i4 ofsaid S~-coon 18; thcatce N $9°4?'}?'° C slung said South boundary for a distance vl'$70.9iJ fret; thavtcc S t)t)°43'd2" E fi>r o distance of 237.09 feet; thence S 32®~3"17" E fur a distance of31t).78 feet; thence S 42°19'48" E fear a distance of 1 Ei6.47 feet; thence S kJr1`°?Y'20" E for a distance of 123.78 fist to a point an EarK boundary line of said Se~c~tion 18; Z: ~Pmjcela~`•i~ignvt (~Rxe)iDnt-amimtslfignult'lnnexD.-cc.ckw-f Exhibit C - 1 - ~4;;: ~; , ~`~ 2t ;, ,. ~... ,. ,~... "f,-M a~~, ~{ .,F ~~ ~E~t ''~'~ 2'.'. ~; ;`~1 r .:.~ ~~~ :, r~L~~ ' ~ f i _.s' Y?. i.' r x ~~ s~G .._ `~, ;z,- ~}'r' ,.`i~, ~„?,*~ ~? ~. gt 4~' ~,~ ,'tea r .~ ~:<a -Y ~. ~}~~1., (y~1::' A2kh;.",... ~ _ IPA ~J J L, ~ ~n° x V ~ f~ ~r m ~ 4 m ~bW S ^.. e <~ oaq ~ ~+ 9 g4 t b'Z ps0 < h4 W -:~f~ Q w ~ ~ ~ r ~ • ~'~~ ~. OY 8AOY0 180007 M £S I~OQS ~ ~ '" . . SS'SDt ~ p ~ ._ a ~ ~ Q =ii ~ ~ a Q ~ '= r m yb ~ ~ ~ ~ "lT''~x -• u o ~ ryee9 p1 c- N ~' _ ~~IJJ L cs RS' c~' 166" ;`-n ~ "' ~ r 4 ~N ~ ~ J ~~ S-y'L ,p1a ~ ~ ~~ E v"~ ~ t U 237 ~ ~~ z ~ Noo7s'a2'w ~z ~; a°~ a m o ~o t r ~•~ ~ ~ ~ A~~ S~Z9 ~ i 5g ~ .r o ~~ o ~ k' 3 w ~ ! ~. I ~ ~~ ' "71O ~ t g ~ ti ¢ ~ ~~ ' ~~a - v~ ~ w ~ 9 x o ~ ll.~ J +~ a ll ~' ~ ~ ~ +~ ~ p g V ~ Fm Z ~ O p , 2 g ® ~ag 1 4 W7 y iK ®p ri0 ~ ~ ~~ h N ^ } ( ~ `~, 6y ~y~L/~ 9e L V &] $ S P 24~ Exhibit C - 3 - ~~{ r1 r-~~ ;. WAITS lend surveying, Ilc 2710 Sunrise Rim Rodd. Suite 240 Boise, ID 83705 208.947.3830 Tele. 208.947.3829 Fdx P.N. 2436 REZONE DESCRIPTON #2 C-G December 11, 2008 A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R 1 E., B.M., Ada County, Idaho, and being more particularly descn7aed as follows: Commencing at the Southeast comer of said Secfion 18, from which the South 1 /4 e~mer of said Section bears S 89°44' l 8" W, 2649.09 feet, thence S 89°44' 18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of 420.31 feet; thence leaving said boundary and centerline N 00°15'42" W for a distance of 264.00 feet; thence N 89°44'18" E for a distance of 170.39 feet to the REAL POINT OF BEGWNING; thence continuing N 89°44'18" E for a distance of253.57 feet to a poirt on the East boundary of said Section 18 and the centerline of Locust Grove Rd.; thence N 00°31'53" E along said East boundary and centerline for a distance of 106.55 feet; thence leaving said boundary and centerline N 89°28'20" W for a distance of 123.78 feet; thence N 42°19'48" W for a distance of 166.47 feet; thence N 32°23' 1 T' W for a distance of 16.75 feet; thence N 89°28'07" W for a distance of 10.84 feet; thence S 00°15'42" E for a distance of 246.16 feet to the REAL POINT OF BEGINNING; containing 0.85 acres of land, more or less. Prepared by: Todd R. Waite P.L.S. C:1Documenta and SeuingsWiarictlelMy Documents~Fignut ($xxx}~DOCUments~FiBnut-CG2-Desc.doc-1 Exhibit C - 4 - -~~: `~ ::: ~- .:;> „:~: h ~ .~ ~~ '. -. ~, ~. ,: ~;. <r ~; Y ' k %; r .~;,~s .. }:~F s. r r ,a 4• ~i ~~` , Jx> ~~~. ~~~ ~,..: J L. ~~ ~~ ~~ ~~ - - - -s- ~ I ~ ~'yti6~ 6624 f ~ z S009 a / o~ ~' a m) w) a Z J ~ ~ V co ~ p o. ~° W rn o° H •~ ~ N . ~OJ a a~oaro lsnoo ~ i- ~ a: •~~ g e a~ © ~ ~ -c~ v d F- iI W . '"~ Z wN ~ „~. cC m ~ a r ~ ~ ~ ~ o mm ~ N o w_ 0 ~ d ~n a b ~y ~ ~v of ~~ N ~ ~ U o ~ " n - ~ . N0095'42°W w 264.00' ~ w ~ :~} W ~ O ~ d~ ~ N N r0 ~ Z N d t ~1 ( 1~ s `fQip JV ~ ' ~pr ggg ~ (! d O ~ o f0 Z~ S ~ ~~ / n ~~~ ~ t ~ ~. n ~ m p ~: j Y' ~~ 1.WW 7L ~A ~ ~. ~~~ o-vi 9 ~~ o N ~~p,z oa ~ s to S aoa '0~ ~ Cr ~j~~.¢ ahd Y8 x~ ~ O omy~j~ ~t a o s YC~ Exhibit C -5- ~r. ., ~: a. , k ;. •, ~~ :::'~ ~ h: .~, `', X- ~ ~~ ~,, ...'ati ;. ~i~. ~x ~, r _i; -:,.,! ,~, .:.F~~ ,~. ~~; w. t :~-4 _~,, ;, :?;, ~;q-r: j ." ~': t ,>` f' !V:+V f. Y:.:S s "` c; i- s~ .' { _ .::r„ ry'.,'S'...: ~~~.. WAIT`E land suweying, I!c 2710 SunHse Rim Roc}, Suife 240 Boise, Ip 83705 208.947.3830 Tele. 208.947.3829 Fdx P.N. 2436 December 8, 2008 REZONE DESCRIPTON #l C-G A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R.IE., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Southeast comer of said Section 18, from which the South 1 /4 eorner of said Section bears S 89°44' 18" W, 2649.09 feet, thence S 89°44' 18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of 420.31 feet to tier REAL POINT OF BEGINNING; thence leaving said boundary and centerline N 00°15'42" W for a distance of 264.00 feet; thence S 89°44' 18" W for a distance of 276.07 feet; thence N 28°40'46'° W for a distance of 220.89 feet; thence N OS°46'09" W for a distance of 54.49 feet; thence N 68°22'2T' W for a distance of 129.62 feet to the Northeast corner of Pack It Up Subdivision as filed in Book 84 at Page 93&0, Ada County Records; thence S 29°02'44" E along the East boundary said subdivision for a distance of 584.73 feet to the Southeast comer of said subdivision being a point on the North Right-of--Way line of E. Overland Rd.; thence S 00°15'42" E for a distance of 48.00 feet to the South boundary of said Section 18 and a point on the centerline of said E. Overland Rd.; thence N 89°44' 18" E along said boundary and centerline for a distance of 227.98 feet to the REAL POINT OF BEGINNING; containing 2.15 acres of land, more or less. Prepared by: Todd R Waite P.L.S. Z:V'rojects~Fignut (xxax)~Documents~Fi~ut-CG-Dese.doc-1 Exhibit C - 6 - ,~~~ `~,k~ ~r.~, ;~ ~r~;-_., 1"M~ w 4 ~ x ~ ~ ^ ~ ~ ~~~ W V ~N ~~ ~ ~~ ~ ~ ~`` ~~ N O U ~.- nm anoaro isnao~ N© ~ t11 z 3q£S,l£.OOtd ~ R Z ~ m v N M ~ w~ z ~~ . ~ rv ~ ~~ ~ S1 a,Ld.6~p1 W ,am O O fl ~ ~ a ~~ ~6~ 246.16' °P°v^i ~ ~. ~a ~ = 500'15'42"E ~~ °' ~ ~ mN ~ r,~ 3 Z ~ V °~ ~ y°0.~ o P100'15'42'W ~ ~ 264.00' n ,~ Z W F Z 'I ~ C ~ W ~ ^ ZWZ d~ ~ am ~ ~m V ink ~~~ ~ m N ~ p V' Z~ LL~ Q W 1/1 ~ GN t F. A6s~ ~ z ~ ~oz ~ ~> ~~ o si~`~' ~ o a~ ~ ~ ~ ~ ~ 1 ~~~ 9 ~ ~ ~ ~ ~ n ~~ i ~ ~ ~ ~~~ 0 ~ ~ A~ O 2 $~ti _ _ ~ N V ~<m~ cwiaw ~ ~~ 0 ~ f~'~~0. a b2 ~,,,_ aw4 ~ ~ ~ N Ct~y~ ~~ ~ ~ ti 3 m m G ~z~7 Exhibit C -7- ~, .. s ., ~, ,~; r ; ,. ;~, ~z~x `r: _~,~ ... '~: ~Y. ' . :.~,. ,.'.js ~~:~ `jk ~~ k i~ y. =:J> .,- ~. .~: ~ S '~'- ~^ ;~ ::~ ~. 1 `. ~; r.~!,~ l~lr A 1 T E land surveying, Ile 27iCa 5ur~ri4c f.(rn dad, Snite?~L7 RrelSC, 1~ 63fU5 ZC~947 3f33Ct Tcle. 2taS.~,J4.73t3?S' Fax P.N. a43b DccL"mber 18, 3tlti8 Revicc~d Jan. 6, ?tJtJ9 REZONE DESCRIPTON 7.ONETO (L A parcel of land located in the Southe;:,i 113 of Se~°tion 15, T.3N.. R. I E., B.M., Ada County, Idalm, and being; nnjre putieularly described as follows: Commencing zit the Southeast ct+rncr of said Section t ~, from which the South 1 /~! c~arncr of said 5cctinn bears S R4°44' i 8" W. 3649.tJ4 f-~t. thence S R4)°44' I S" W along the South loundary of said See:t ion 1 K and tln centerline u f E. Overland Rd., for a distance of 330.31 fi:+:t; thence leaving said boundary and centerline N Ot)° 1 S'4?" did tear a distance of 4ii.fJtl 1'cet to a point on the North Right-of--Way line ofE. Overland Rd.; thcnc~a. S 84'44° I8" W atang said NonhRfght-of--Way line far a distance eat'337')!3 feet to the Southeast earner of Pack It l_Ip Sutxlivision as tiled in Book 84 at Page tJ360, Ada County Reccards; thence Ir~+ving said Right-of-Vl~ay line N ?y°02'1" W along tlm Cast hc~undary of said subdivision for a distance ofS84.73 feat tea the Northeast earner ofsaid subdivision. being the REAL POINT OF BEGINNING; thence N 68a22'2T' W Alone the Northerly boundary of said subdivision fiat a ditanu nt'3fiR.:tS feet; thence leaving said Nonherly boundary N OU"27'?0" E fear a distance of 297.ti6 feel to the South boundary of the N 1 r2 of the N lf3 of the SE 114 caf the SE 1/4 of said Section l tt; thutir°e N ~i9°43' 12" G along said South I~undary for a d~tance of 1370.9 feet; tlx+rtce S tl0°43"42" E trar a distance uF337A9 teat; thence S 33°33' 17" C for a distance of 344.03 test; the-tec; N tl9°28'07" W for a distance of [0.84 feel: Z:'PrajeststiFignut tY*C\)1t?i~:umea9La'Tignul-II_-I~c.:se.+it~c- t :~ ry: ,~,;.;~_ Exhibit C -8- ,, ,:r t ~:~, 4~ ~.~z _~.. l A,, v~3"i„ s ,A a:''-`~Y R~ ~5r`~.%r~ ~, ~ ~~. . yT( °.z. a r,, r~ "Qr? ;?1~;~Y, fit:±r'~ 'c~ (~~i`i yw:i :a; 4;_' t- - ~';i' ',~h ~L -2 ~~. ~~, F ~ (-`` W ~ _, r r C'~ J_ f t~ ~ ~ ~ r, .~. Z ~ Oo >• OY 8AOtl8 dS9?07 ~N ~ ,t; a q ~ vs ~ ~: W O ~ ~ ~ ~r: ~ w ea' f l ~ -+ 500'15'42"E ~ ~ t ~ ~ ~~1'E 246.16' s 3 ~ f r I ~~~ ao~ 3 a ~~ U S00'4342°E o;r ~ ~ 237.09' °p°D ~a m I z ~ a o mb I °s N Q m ~ °~ o o ~ .~ o ~~gg'p8°W ,~,r~ (s ® 54.49 ~ ~q9 ~ ~ t e3 z ~ti~'~ ~ ~; w ~N `' ~ a n r? ry sY o o? n ~ `~~' m ~® ^ ~3 z ~~ ~ ~ ~~~ ~ aQ~ry~ ~ry_ I c N ~~~ ~ 2 ® ~g ~ ~ fo® l; l n ~~~ 98'G6Z °L ~ :k 3.Of.LL00N 9 ; ~ ~ ~~~ ~rH C , ~ ~~ o ~ ouch <oa ~ ~p o~Q ~ ~ ; o zGS c and °~ A $ ~ ^fi N ,°n okra mU~ 2 S Q ca Fz~~ Exhibit C -10- '-i .;^, r 1 may.' f? ~'' ,~~; ~;~: F }~ '~k a'ct'' ~= ,: ^,,^ ~=_~; „f.y :~:~:4 W~ -P ~~ ~~ i~~ ~µ ~~~'' {f~: :`~ ? ,$ :; ~~ ~ v,, -,,,~. ~~<,, >', land surveying, Ile ?~1+C~ 5unnse turn F:oa~', ~uife?~t~ Rrbisc, 1~ td,7t~5 205.E t-7.~ftgl~ Te{e. 2C}8 :'~-7 ~f325~ Fix P.N. 2436 January 5, 2009 REZONE DESCRIPTION FROi17 CG to IL A parcel of land locatel in the Si~ulheasi 1 t4 of the Southeast U4 of Seetie+n I S, T.3N.p R. I E., B.M., Ada County, Idaho. and being rimrc particularly described as fc+tto~v,s: Commencing at the ;~;uthcast u+mcr of said Section t $, tlom ~ti"hich tfm South I/4 rc~rncr ofsaid Section bars S R4°~"1R" W" 2549,09 feet, eltcittcc N Oil^31 °53'° E along the Fatit boundary of said Section 1 ~ and the centerline of Locust Grove Rd., for a di:~nant:e of ea97A1 feet; thence leaving said boundary and centerline S 89E'37'2'F" W for a distance of &~).(><) tint to a print on th4 West Right-of--Way line of Locust Grove Rd., being the REAL POINT OF SEGINNING; thence S ~i9°37'?7" W Car a distance of 3y2.09 feet; thrice S 5943' i 2"' W along the South Ruiundary rfthc N 1/,? of the N I /2 rf ttxo Sl~l l4 rf the SE.If4tafsairl Section IS" ibradistaneeol'S70.49 feat; thL=nce leaving said 5otuh boundary N 00°2T30"' E fair a distance of R 1.47 teet to a point on the, South Fight-c+t=Way line of Interstate ?14; thence ale+ng said Right-of-Way line of Interstate f34 for CFw follo~+~ing ~ a~urses: thence S 55r'33'3b" G for a distance c+f 371.[i2 tcct; thence S 53°4S' I T' E for a distance of 200.65 feet; thence S Sy'34' 1 I" G for a distance of 519.41 feet to a Mint rn the 1iie:^st Right-rf--Way lino of 1_ocust Grove Rd.; them S 02°26' 1 ~'° E thong said Right-rat=Way Mine of l.e.-cust Grove . for a distan~~ of 45.51 feet to the REAL POINT ©F BEGINNING; LA ~~~S1PL ~~~A,~A G T f e:rntaining 1.5N aar~ ot'land, more e+r less. ~ ` a Prepared by: Truld R. ~Vaitc P.L.S. _ I-~/_-()°.~. G:'=Pmjects;l"i~nm issxre}lt~mante~t:igtiw-t'GtrlLdesc,rlrrc-! Exhibit C - 11 - -:- ~r; ';:-a'i ~. ~~ ~f ,c ~. <; ,:~ x`s x _`1 ~4 ~ i°]tty 'a ti' ti ~_' ._ s ,~ ,, =r ;i; ~.:',., .. , ~.r ~~+~ ' t~ t~ ~~ k~~; '~ ~: ~u kr` '. Y . ~ :'. ~~:: Exhibit C _J w eG . ~ ~ - tVR ..i . r. --~~ `O r r~ Q7~ Y .~ ®~ ~ r~ oa ae oaa ~snoo~ ~ ail ~ ~ ,~, ~ .6S"90l ~ ° Q Q ~ ~ cG ~ ` a k ~ t i "'~' 7 om' t7 C ~+e. ~ g~•v+ A ,G' z (Q ii Z ? ~ N G' ~ ~ h f ~ ~rry;6~M'~ p ~ ~ O ~ ~ ~ ~ a ~ ± ~ ~ ( ~ N ~~ ' ~ O ~ ~ r ~ ~ M a a ry'E ~ ~ b ~ ~-~ ~ ~ rj W ° .~ j ~ U ~ m ua.vs' saol5aa'E asa ~' . m ~ m~ m ~ N N~1S'a2~w ~ ~ ~ 48.00' ~' O S m I ail g az9~,,a' ~ ~ i v e a ~ 3 ~ N_ .. b ~ ~ W ~ ~ ~ t~~, ~03 o n N 9 ~ + v7 ® ~~s ~ N ~ to i ~ ~o~ / ° n 6, ~ ~ ~ p~ Ul ~ ''~ e; ~- a Q t t ~~i ' / ~ ~~~~~ s o~u~ ,L~ t8 3„4£.LZ.aQN "P. t- ~ ~ sreu ~aecinw+ S ~ ~~ >~ „~ ~ ~ ~ ~ p y U~ ~ ~ y i a $ ; a [~ a q Yak Z ~ 1 v p -9 ~ ~ ~ 4 ~ (} y( W ~~ CN0. p 1 8 pl9 S ~ ~ ~ ` ' ~ m 2 o e ~ ~ 2~ -12- #Y,, n ~~ Sy: . ,~ w_ >r~, ~~ u:. ;:~; rye; r1 F~ v}; `~ ~,, :fit ,,.~;, °' ~_,. ~r ',-k ~ti>~ i WApTE i~nd surveying, Ilc 2710 Sunrise Rim Road, Suite 24o Boise, ID 83/05 208.947.3830 Tele. 208.947.3829 Fax P.N. 2436 December il, 2008 PROPOSED PIGNUT SUBDIVISION A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R.1 E., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Southeast comer of said Section 18, from which the South l /4 corner ofsaid Section bears S 89°44'18" W, 2649.09 feet, thence S 89°44' 18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of 420.31 feet; thence leaving said boundary and centerline N 00° 1 S'42" W for a distance of 48.00 feet to a mint on the North Right-of--Way line of E. Overland Rd., being the REAL POINT OF BEGINNING; thence S 89°44' 18" W along said North Right-of--Way line for a distance of 227.98 feet to the Southeast comer of Pack It Up Subdivision as filed in Book 84 at Page 9360, Ada County Records; thence leaving said Right-of--Way line N 29°02'44" W along the East boundary of said subdivision for a distance of 584.73 feet to the Northeast cemer of said subdivision; thence N 68°22'2T' W along the Northerly boundary of said subdivision for a distance of 368.85 feet; thence leaving said Northerly boundary N 00°27°30" E for a distance of 379.33 feet to a point on the South Right-of--Way line of Interstate 84; thence along said Right-of--Way line of Interstate 84 for the following 3 courses: thence S 89°33'36" E for a distance of 371.62 feet; thence S 83°45' 1 T' E for a distance of 200.65 feet; thence S 89°34'11°' E for a distance of 619.41 feet tv a point oa the West Right-of--Way line of Locust Grove Rd.; C:1Qacumenta and SettingallVlarieile~tNy DocumentalFignut (xxxxj~DocumentalFigoutl3adyDesc.doc-1 Exhibit C - 13 - .__ _ ;_ ;. ,, r. _ .. F< _. < -, , ::~= ~ ` =f~ _: a. t .may .~ - -.~ -~'s ,r -y: ~* ~` , ! - ' f 1Yk - : -.. ,3m -~<' `N: :.j. . r1 i a{ _ ~ ar~' y t, yl x' t ~~~., :, ~` ~.. k ~.~. t~: -:'.~,~~ t r. 4 ~~'. _ ;` ~~ ~~ - < t. - .. ~.: - _ u ~ .~_ ~ -~ r- 5 s Z O m g~~ fl~m ___ _ __ $ Pr~~ vJ W ~ ~ ~ m q't- ~vnm _ 0 Zr M ~+~ o ~ 1 I/yy~~ QC ry ~ ~ ~ ~Q w.1 a r^^ r vJ ~ Q U ~ 1 a 1 ~ oZ ~~ g ;, (I ~~~~~.~ .ti ~ V 0 114 ~ ~ ~W ~ ( / e I m v Q Z ^ 1 I U.1 ~ o U ~ O J r ~ I ~ ~ g-~ ~ ~ ~ ~ g -"~° ' ~ ~ ~e ~~ ~ ~ ~ Q ~`~ ~ w 9 $ y ' ~ ~ o B ~ ~ d ~~ ~ as s~oao ~sn~o~ °~ +resv~ ,sarmw 3 - j _ _ ~~m ~~ !A .Y9,1£GD 5 ~ ,BL'46/ o ~1 -1 „~ ~1 ~ ~ ° ° I a a e ~i SI k i6 l z i,@w ~~ I u m ~ I 1 8 S~.C 219. p' U /~;,., i A 1 ~ '~ ~ I 0 __~~~~ ~ s @ a .ux~ ti W W n A __ __._ _. _.__ __ J ~ ~Sh ~ ax " Va N ,$ F o ¢ ~ ~4~3 ~tl Qo Q d ~ F , w~ ~ Y q - ~l v dM1 H ~ ~ ~ l ~ ® f ~ .~ °"~ u~. ~~"s 4 ~i4 ~~ ~o o~ Y~ I I 1 I lu 1 ~ I C a °r W fL yo a _1 ~ ~ 1 I~ P $°~ -~ b ~~ ~~ ~~ ~a Exhibit C -15- _ _ ,~~ . ~. ~;• ,~~; ,,. ,; ,~.,,,,- '~f; ;~. ~_ 4r ~' ~S ~;. `~:::~ ~ ~F ~ :; :~'; ~~~ ~t~ ~,. ~` ~~~: `:;dt ~~ ,~.;: ~~:` ;~; ,, .~ " ~:: -: ~;~. ti;: ~. `°`>,i, tz. Yy ~. 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property to C-G and I-L. Staff finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that future development of this property should comply with the established regulations and purpose statement of the C-G and I-L zoning districts, if the DA provisions are adhered to. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that a zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that a zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (iTDC 11-5B-3.E). Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the fordings listed above, Staff finds that Annexation and Zoning of this property to C-G and I-L would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in the Staff Report. 2. Rezone Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; Staff finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed Exhibit D - 1 - ,,~, ,, rlWt ~ _. . .';.. ', ; t .. ,. -; ., `t~' ;.," r f.' ~}i ,;~; ~~,~ < ;._t:= ,;} ,,.. .a~, ,,1, ~ ~ ,-7~y~.,. t ~; .;~:::R' r; :~#:; r ?_ ,;:. .;;~5.~ ~3~ :;'. ~~ ~r ~ - u. F ~~ ~. -Y i' w~~~~};} ~~_>~;=: ~~~- :. ,~~~• ? ,~;; ~' ~~~ ~:~ . ~•2: district, specifically the purpose statement; Staff fmds that the proposed mix of uses allowed within the C-g and I-L zoning districts will assist in providing service needs of the community. Staff fmds that future development of this property should comply with the established regulations and purpose statements of the requested zoning districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that maybe provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The rezone is in the best interest of the City. Staff fmds that the rezone of the subject property from C-G to I-L is in the best interest of the City. 3. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Staff fmds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff fmds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, Staff finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this fmding. (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general Exhibit D - 2 - .+ ~~i _~« ~`L-...-'~~'~. kf?,',' r'. _.. - ~~. ~ .~ ~ „ ~ , a -~; ~:~ welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACFID considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff is unawaze of any natural, scenic, or historic features on this site. Therefore, Staff fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff is unaware. 4. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR Staff fmds the location of the irrigation easement and drainage easement does not make it feasible for the planting of the required trees. The applicant is proposing to install lawn, and a mix of shrubs and boulders throughout the planting azea within lot 1, Block 1 and the 25-foot wide landscape buffer adjacent to the southern boundazy of Lot 2, Block 1.In addition, the required 50-foot wide landscape street buffer adjacent to I-84 and the 10-foot wide landscape street buffers are proposed to be installed with lot development. Staff is supportive of the request because there is a possibility the landscaping maybe damaged as development occurs on the lots. In addition, the applicant has approximately a quarter mile of frontage along I-84. Therefore, staff believes there is an undue hardship on the applicant pazticulazly since the applicant does not have any end users who want to develop in the area b. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the alternative compliance does provide a superior means for meeting the City's landscape standards. The applicant has not asked for width reduction to any of the required landscape buffers. In fact the landscaping proposed for Lot 1, Block 1 exceeds the minimum width required by the UDC. Therefore, Staff supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff fmds that the proposed alternative will not be detrimental to the public welfaze or impair the use or chazacter of the surrounding properties. Exhibit D -3- STAFF REPORT RECEIVED FEB 2 7 2009 Hearing Date: March 5, 2009 CITY OFC>WE IDTy�V - ��1��KS� (Continued from February 19, 2009) Ijj OFFICE TO: Planning & Zoning Commission < tf FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 — Fignut 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ronald Van Auker, has applied for Annexation and Zoning of 15.08 acres from RUT (Ada County) to C-G (General Retail and Service Commercial) (3 acres) and I-L (Light Industrial) (12.08 acres); rezone of 1.69 acres from C-G (General Retail and Service Commercial) to I-L (Light Industrial); and preliminary plat approval for 6 non-residential lots and 1 common lot on approximately 16.78 acres. The applicant has also requested alternative compliance to allow the required street landscape buffers adjacent to E. Bird Dog Drive, east side of S. Fignut Way and I-84 be installed with lot development and deviate from the plantings required for the landscape buffer along western plat boundary because of an existing irrigation and storm drain easement. See Section 9 for further discussion. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed development with the Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. 3. PROPOSED MOTION Approval After considering all Staff, Applicant and public testimony, I move to recommend approval to the City Council of File Numbers AZ-08-015, RZ-08-009 and PP-08-012 as presented in the Staff report for the hearing date of March 5, 2009, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all Staff, Applicant and public testimony, I move to recommend denial to the City Council of File Numbers AZ-08-015, RZ-08-009 and PP-08-012 as presented during the public hearing on March 5, 2009, for the following reasons: (you should state specific reasons for denial of the AZ and PP requests.) Continuance After considering all Staff, Applicant and public testimony, I move to continue File Numbers AZ-08-015, RZ-08-009 and PP-08-012 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 site is generally located on the wet side of S. Locust Grove Road, north of E. Overland Road and south of Interstate I-84 in the SE 1/ of Section 18, Township 3 North, Range 1 East. b. Property Owner of Record: Ronald Van Auker 3084 E. Lanark Street Meridian, Idaho 83642 Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 c. Applicant: Same as above d. Representative: Matt Munger, Munger Engineering, Inc. e. Applicant's Statement/Justification: Please see Applicant's submittal letter for more information. 5. PROCESS FACTS a. The subject applications are for Annexation and Zoning, Preliminary Plat and Rezone per City Ordinance. A public hearing is required before the Planning & Zoning Commission and City Council consistent with Meridian City Code Title 11, Chapter 5. b. The subject application is for alternative compliance review per City Ordinance and does not require Commission consideration. A public hearing is not required consistent with Meridian City Code, Title 11, Chapter 5. c. Newspaper notifications published on: February 2, 2009 and February 16, 2009 (Commission) d. Radius notices mailed to properties within 300 feet on: January 30, 2009 (Commission) e. Applicant posted notice on site by: February 23, 2009 (Commission) 6. LAND USE a. Existing Land Use(s): There are existing structures (outbuildings and single family home) on the site that need to be removed prior to signature on the final plat. b. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject site is surrounded by mix of uses. To the west there is an existing child care center, vacant commercial land and a church; to the north is interstate I-84; to south are single family residences and a convenience store and to the west is vacant commercial and industrial land. 1. North: Interstate I-84 2. South: Single-family Residential (Sportsman Pointe Subdivision) and Maverick C-store, zoned R-4 and C-C 3. West: Pack It Up Subdivision, Child Care Center and Church, zoned C-G and L-O 4. East: Vacant Land; zoned I-L and C-G c. History of Previous Actions: A portion of the Lot 1, Block 2 of the proposed plat was annexed and zoned C-G in 2006. d. Utilities: 1. Public Works a. Location of sewer: E Overland Road. b. Location of water: E Overland Road and S Locust Grove Rd c. Issues or concerns: None e. Physical Features: Canals/Ditches Irrigation: The Nine Mile Creek transverses the western property boundary and is currently tiled. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A majority of this site lies within the X5 flood zone but is not within the floodway. A portion of the Lot 2, Block 1 (northwest corner) and the tiled Nine Mile Creek adjacent to the western property boundary are located in the AE flood zone. In 1992, the southern half of the proposed development was revised per a LOMR (case Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 -2- number 93-10-020P). 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is currently designated "Mixed Use -Community" on the Comprehensive Plan Future Land Use Map. The purpose of the Mixed Use areas, as defined on page 102 of the Comprehensive Plan, is as follows, "There are five sub -categories of the Mixed Use designation. Generally, the designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual 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 requested "Mixed Use — Community" designation allows up to 25 acres of non-residential uses, up to 200,000 square feet of non-residential building area and residential densities of 3 to 15 dwelling units to the acre. At this time, the applicant has no vision for how the site may develop. The majority of the site (approximately 13.7 acres) is proposed to be zoned I-L and the remaining acreage is proposed for C-G zoning. Staff believes the requested zoning allows for a mix of uses in the area and the commercially zoned lots fronting on Overland Road and Locust Grove Road may develop with support uses to complement the industrial uses that may develop in the area. Staff finds the application is generally consistent with the Mixed Use -Community land use designation. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject CPA, AZ and PP applications and offers the analysis and recommendations contained herein for the Commission and Council's consideration (Staff analysis in italics): • Chapter VII, Goal I11, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the subject property in the following manner: ➢ Sanitary sewer and water service will be extended to the project at the developer's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 -3- "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the preliminary plat, the Applicant is proposing to construct a 40foot road section with five foot wide attached sidewalks on both sides. The proposed street will provide future access for the lots proposed with this plat and connects the project to both arterials. Further, the existing access point to Locust Grove was approved when the overpass was constructed and aligns with an existing access point on the east side of Locust Grove. A 54 foot access easement is also proposed at the western edge of the cul-de-sac that provides cross connection with Lot 2. Block I of Pack It Up Subdivision. Staff and ACHD are supportive of the street lay -out and both access points. • "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The applicant is responsible for installing a 25 foot landscape buffer along Locust Grove and Overland Road, a 50 foot landscape buffer adjacent o I-84; and a 10 foot landscape buffer adjacent to the proposed local/commercial streets. • "Permit new ... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obi. A, #6) This parcel is contiguous to the city limits. Sanitary sewer and water are available to the proposed development. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed zoning districts (C-G and I-L) permits a variety of uses and should compliment the mix of uses in the area which include: church, daycare, office and convenience store. • Chapter VII, Goal I, Objective E (page 111) — Establish industrial areas to meet the employment needs of the City of Meridian. Staff believes this area is appropriate for industrial uses based on the existing road network, proximity to I-84 and compatibility with existing industrial and commercial uses surrounding the property. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses: Commercial: UDC Table 11-213-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. The applicant does not have a specific use identified for the proposed C-G zoned lots. Future development of these lots shall conform to the permitted, accessory and conditional uses of the zoning district as outlined in the UDC. Industrial Districts: UDC Table 11-2C-2 lists the permitted, accessory, and conditional uses in the I-L zoning district. The applicant does not have a specific use identified for the proposed I- L zoned lots either. Future development of these lots shall conform to the permitted, accessory and conditional uses of the zoning district as outlined in the UDC. b. Purpose Statement of Zoning District: Commercial: 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 Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 -4- 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. Light Industrial: The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. C. 1. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-G zoning district and UDC 11-2C-3 for the I-L zoning district. 2. Landscaping: (See dimensional standards above) • Width of street buffer(s): 50 feet adjacent to I-84; 25 feet adjacent to E. Overland Road, a principal arterial street; 25 feet adjacent to S. Locust Grove Road, a minor arterial street and 10 feet adjacent to E. Bird Dog Drive and S. Fignut Way, both local streets. • Width of buffer(s) between land uses: A 25-foot wide landscape buffer is required in the I-L zoning district adjacent to non -industrial uses. • Percentage of site as open space: NA • Tree Preservation: Mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. There are existing trees on the site proposed to be removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department, for any trees that will he removed. 9• ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ and Rezone Applications: The Applicant is requesting approval to annex and zone 15.08 acres from the RUT zoning district in Ada County to the C-G and I-L zoning districts in the City. All of the property is currently designated on the Comprehensive Plan Future Land Use Map as Mixed Use -Community. Concurrently, a long narrow 1.69 acre parcel along I-84 is proposed to be rezoned from a C-G zone to an I-L zone. Although the applicant is not proposing any specific uses, staff believes the proposed zoning districts allow the necessary flexibility to develop a cohesive mixed used development. Staff finds the proposed annexation and rezone request consistent with the Mixed Use -Community land use designation. PP Application: Plat Design --The proposed preliminary plat would create 6 buildable lots and 1 common lot on approximately 16.87 acres of land. Two of the lots are proposed to be zoned C-G and four lots are propose to be zoned I-L. Proposed lots range in size from 0.95 acres to 3.7 acres. All of the lots proposed with the subdivision meet the dimensional standards of the UDC. Access: Access to this development is proposed from a public local/commercial street (S. Fignut Way and E. Bird Dog Drive) with 5-foot wide attached sidewalks. The proposed streets will provide future lot access and connects the proposed development to the abutting arterial streets (Locust Grove Road and Overland Road). Staff and ACHD are supportive of the street lay -out as proposed. Said streets and sidewalks shall be constructed prior to release of occupancy for the subdivision. Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 -5- Cross -access: UDC 11-3A-3 prohibits direct lot access to arterial and collector streets when local street access is available. As mentioned above, the applicant is proposing to construct public local/commercial streets to provide connectivity with the abutting arterial streets. Because this street section will probably be classified as a local/commercial street, future access will be taken from said street in accordance with the UDC. Further, the applicant is proposing a 54-foot access easement along western edge of the cul-de-sac/property boundary which provides connectivity with Lot 2, Block 1 of the Pack It Up Subdivision. Staff is also recommending additional cross access between Lot 1, Block 2 on the proposed plat and the Maverick store at the southern property boundary to allow access to E. Bird Dog Drive as these two lots share a right-in/right- out only access to Locust Grove. Cross access shall be provided as described above via a note on the recorded final plat or a separate recorded agreement at the time of final plat submittal. Landscape Plan: The applicant submitted a landscape plan with this application submittal. The purpose of the plan is only to illustrate the streetscape buffers required for the proposed subdivision. The UDC requires a 50-foot wide landscape buffer adjacent to 1-84; a 25-foot wide landscape buffer adjacent to Locust Grove Road and Overland Road and a 10-foot wide landscape buffer along E. Bird Dog Drive and S, Fignut Way. Per UDC 11-3B-7-6 only driveways, signs and walkways are allowed impervious surfaces in the required landscape buffers along streets. Vehicle display pads and other related impervious surfaces are prohibited in the required buffer. In addition, the UDC requires a 25-foot wide landscape buffer where I-L zoned property is adjoining non -industrial uses. Lots 2 and 4, Block 1 and Lot 2, Block 2 are adjacent to existing and proposed C-G zoned property. With future development of the I-L zoned lots, the applicant shall construct a 25-foot wide landscape buffer adjacent to the boundaries of the C-G zoned lots in accordance with UDC 11-313-9. Staff will ensure compliance with this requirement with future CUP or CZC applications. Further, staff has reviewed the submitted landscape plan, prepared by South Landscape Architecture, dated 1/22/09 and believes the landscape plan is in substantial compliance with the UDC. However due to constraints on the property and lack of a specific user, the applicant has requested alternative compliance. See alternative compliance section below for further analysis. Alternative Compliance: The applicant has applied for alternative compliance to allow the required street landscape buffers adjacent to E. Bird Dog Drive, east side of S. Fignut Way and I- 84 be installed with lot development and deviate from the plantings required for the landscape buffer along western plat boundary because of an existing irrigation and storm drain easement. NMID has a 100-foot irrigation easement that runs along the southern boundary of Lot 2, Block 1 and encompasses all of Lot 1, Block 2. A portion of the proposed roadway and the attached 5-foot sidewalk also encroaches into this easement. Further, ACHD has a 20-foot drainage easement that parallels the irrigation easement and connects to ACHD detention pond site west of lot 2 of Block 1. These easements do not allow for trees to be planted in them. As an alternative to not planting the required 27 trees, the applicant is proposing to landscape all of Lot 1, Block 1 and the 25 foot- wide landscape buffer adjacent to the southern boundary of Lot 2, Block 1 with lawn, a mix of shrubs and boulders grouped in clusters throughout the landscape buffers. Based on the restriction of trees within the easements, Staff believes strict adherence for the required trees is not feasible in this case. It is important to note the applicant is not asking for a reduced buffer width. As mentioned above, the applicant has also requesting the 50-foot wide landscape buffer adjacent to I-84 and the 10-foot wide buffers adjacent to E. Bird Dog Drive and the east side of S. Fignut Way be installed with lot development. The applicant states in the narrative they will install the required 25-foot wide landscape buffers adjacent to Overland Road and Locust Grove Road and landscape all of Lot 1, Block 1(west side of S. Fignut Way) with the final plat approval. Staff is supportive of the request because there is a possibility the landscaping may be damaged as Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 -6- development occurs on the lots. In addition, the applicant has approximately a quarter mile of frontage along I-84. Therefore, staff believes there is an undue hardship on the applicant particularly since the applicant does not have any end users who want to develop in the area. Staff is supportive of both the applicant's request and approves ALT-08-027 associated with the findings in Exhibit D. Note: Per UDC 11-5A-2; Alternative Compliance applications are approved at administrative level by the Planning Director. However, because ALT is requested concurrently with the CUP, Staff has included analysis on the ALT request in this staff report; the ALT application does not require Commission/Council action. Elevations: The applicant has submitted elevations for staff to review. Staff has attached the elevations in Exhibit A below. After reviewing the submitted elevations, staff believes the proposed building design and materials would not meet the City's design guidelines or comply with the City of Meridian Design Manual. Therefore staff is not tying the proposed elevations to the DA. Instead staff is requiring all future buildings conform to the Design Manual and design guidelines of the UDC. Development Agreement (DA): UDC 11-5B-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA 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 feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Prior to 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 DA shall incorporate the provisions listed in Exhibit B of the Staff Report and be approved by the Council within 12 months. Please be advised a $303.00 fee will required to process the development agreement. 10. EXHIBITS A. Drawings l . Vicinity Map 2. Annexation boundary 3. Preliminary Plat Boundary 4. Preliminary Plat (dated: 12/05/2008) 5. Landscape Plan (dated: 01/22/2009) 6. Elevations (NOT APPROVED) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Ada County Highway District 6. Nampa Meridian Irrigation District 7. Central District Health C. Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Code Fignut AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 -7- 1. Vicinity Map Exhibit A -1- 4. Preliminary Plat Phil Exhibit A z 0 C13 M LL- M 5. Landscape Plan z aa aIla 01 Limj 6�; 4i". w 4'�lh �— 4; 1 1 rn 73 3 H 3AOUV Isnool di kit k4 v yj EL L— — — — — — — - Exhibit A L_ .._ _ _ luL- r ; ��� a}iljs ►v �i / a 3 IiC wil o j.i2 fpStl \'�,riC' i Itff ku G 2 a t f_ #- Z °�P"�3t fill 3 a av tttrrp- � Exhibit A 5 6. Elevations (NOT APPROVED) i AAA ■®� ® _oo-aa ��o oaci,lh IR � ®® EA9T ELEVATION _any Visa— 4 1 T T 1 Exhibit A 6 Building 3 SOUTH E LEVATKMI mii�ninai�nmiiimmmiiii�iimnmmniiiiimmmiiunnuumni�mnamii�nunngi. ®it III I I IIIIIIII I IIII I llllllliliilllpllllllg.11 �� �� ,.�EIIIIIIIIII011111111111111111111111111.... �..-"iiii-'-iiii"-"•-iiii'�'liu -'.:_= 111I®�Ilhlil�lll®III®Ihlll�® ii EAST ELEVATION 'M illIIIIIII� ����I� J.'I ���EIEE■ I■ ��Illlllllllllllllllllllllli NORTH ELEVATON 1�= ���il IIII IIII IIIIiIII IIIII� V �. '".,nll(Iflllllillillll��► .= SOUTH E LEVATgi EAST ELEVATION ®NTR!.I WEST ELEVATION Exhibit A TYPICAL REVEAL DET Building 4 7=- NORTH ELEVATION -;w_- SOUTH ELEVATION d1ding 5 EAST ELEVATION WEST ELEVATION ­Lww w Exhibit A 8 96-8I 9LEVATM Exhibit A B. Conditions of Approval On January 29, 2009, a joint agency and departments meeting was held with service providers in this area. The agencies and departments submitted comments have been included below. I. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on December 10 and 11, 2008 and January 6, 2009 by Todd R. Waite, PLS) is accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 within 12 months of Council approval to initiate this process. Please be advised a $303.00 fee will required to process the development agreement. The DA shall include, at a minimum, the following: 1. All buildings in the development shall be subject to the administrative design review standards listed in the UDC pertaining to architectural character, color & materials, and site design in accordance with the Meridian Design Manual. 2. The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any building construction on the subject property. 3. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 4. The Applicant shall be responsible for all costs associated with sewer and water service installation. 5. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. The applicant shall construct the public streets (S. Fignut Way and E. Bird Dog Drive) as proposed in accordance with ACHD standards. 7. The applicant shall construct the 50-foot wide landscape street buffer and the 10-foot wide landscape street buffer adjacent to E. Bird Dog Drive and the east side of S. Fignut Way at the time of lot development as approved with ALT-08-027. The 25-foot wide landscape buffers adjacent to Locust Grove and all of the landscaping within Lot 1, Block 1 shall be completed prior to release of occupancy for the final plat. Landscape installation shall be in accordance with UDC11-313-7 and ALT-08-027. 8. With future development of the I-L zoned lots, the applicant shall construct a 25-foot wide landscape buffer adjacent to the boundaries of the C-G zoned lots in accordance with UDC 11-313-9 and ALT-08-027. 9. Display pads and storage yards are restricted from being located within any of the required landscape buffers. Exhibit B -5- SITE SPECIFIC REQUIREMENTS —PRELIMINARY PLAT 1.2 The preliminary plat prepared by Munger Engineering, dated December 5, 2008, is approved, with the conditions listed herein and with the following changes: • A 50-foot wide street landscape buffer easement is required along I-84. A 25-foot wide street landscape buffer easement is required adjacent to Locust Grove Road and Overland Road and a 10-foot wide street landscape buffer easement is required along E. Bird Dog Avenue and the east side of S. Fignut Way per UDC Table 11-213-3. • The applicant shall provide a 54-foot cross access easement for Lot 2, Block 1 in the Pack It Up Subdivision as proposed on the plat and provide cross access between Lot 1, Block 2 and the Maverick C-store to allow access to E. Bird Dog Drive and share the right- in/right-out only access point to Locust Grove Road. Said easements shall be recorded via a separated recorded document or a note on the final plat. • E. Bird Dog Drive and S. Fignut Way shall be constructed as proposed in accordance with ACHD standards. Said streets and sidewalks shall be constructed prior to release of occupancy for the subdivision. 1.2.1 The landscape plan prepared by South Landscape Architecture, dated January 22, 2009 labeled L- 1 and L-2 (attached in Exhibit A), is approved with following modifications from the Planning Department: The applicant shall construct the 50-foot wide landscape street buffer and the 10-foot wide landscape street buffer adjacent to E. Bird Dog Drive an the east side of S. Fignut Way at the time of lot development as approved with ALT-08-027. The 25-foot wide landscape buffers adjacent to Locust Grove and all of the landscaping within Lot 1, Block 1 shall be completed prior to release of occupancy for the final plat. Landscape installation shall be in accordance with UDC11-3B-7 and ALT-08-027. With future development of the I-L zoned lots, the applicant shall construct a 25-foot wide landscape buffer adjacent to the boundaries of the C-G zoned lots in accordance with UDC 11-313-9 and ALT-08-027. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.3 GENERAL REQUIREMENTS —PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 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 utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -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. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. Exhibit B 5 1.3.4 The applicant shall erect temporary construction fencing to contain debris around the perimeter prior to issuance of a building permit. 1.3.5 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. Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Provide a copy of the plan to the Planning Department with the final plat submittal. 1.3.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. 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. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.3.8 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.3.10 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.3.11 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of main that is located near the applicant's west property line running from N Locust Grove Road to the I-84 Interstate. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications, 2.2 Water service to this site is being proposed via extension of mains in S Locust Grove Road and E Overland Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The Applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 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 Exhibit B include the area of the easement (marked EXHIBIT A) and an 81/2" x I map with bearings and - 5 _ 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. 2.5 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, a single -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. 2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 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. 2.9 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. 2.10 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. 2.11 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. 2.12 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. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to obtaining certificates of occupancy. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 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. Exhibit B 5 2.19 The Applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 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 proj ect. 2.21 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. 3. MERIDIAN FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 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. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.7 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.8 There shall be a fire hydrant within 100' of all fire department connections. Exhibit B -5- 3.9 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.10 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). 3.11 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4. MERIDIAN POLICE DEPARTMENT 4.1 The police department has no concerns related to the site design of this project. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 Site Specific Conditions of Approval 5.1 Close the existing curb cut on Locust Grove Road and replace it with curb, gutter, and sidewalk to match existing improvements on either side. 5.2 Either dedicate 60-feet of right-of-way from the centerline of Overland Road, OR dedicate 50- feet of right-of-way from the centerline of Overland Road and provide a 10-foot wide sidewalk easement abutting the parcel. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 5.3 Close the existing curb cuts onto Overland Road and replace them with curb, gutter, and sidewalk to match existing improvements on either side. 5.4 Construct the Bird Dog Drive to intersect Locust Grove Road located approximately 500-feet north of Overland Road (measured centerline to centerline). 5.5 Construct the Fignut Way to intersect Overland Road located approximately 600-feet west of Locust Grove Road (measured centerline to centerline). 5.6 Construct Bird Dog Drive and Fignut Way as 40-foot commercial/industrial street sections with vertical curb, gutter, and 5-foot wide attached concrete sidewalk on both sides. Exhibit B _ 6 _ 5.7 Other than access specifically approved with this application, direct lot access to Locust Grove Road and Overland Road is prohibited, and shall be noted on the final plat. 5.8 Comply with all Standard Conditions of Approval. 5.2 Standard Conditions of Approval 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 5.2.2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 5.2.3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5.2.5. Comply with the District's Tree Planter Policy. 5.2.6. 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. 5.2.7. 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. 5.2.8. 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. 5.2.9. 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. 5.2.10. 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. 5.2.11. 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 ACHD Traffic Operations 387-6190 in the event any ACED conduits (spare or filled) are compromised during any phase of construction. 5.2.12. 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. 5.1.13. 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 _ _ 6. NAMPA MERIDIAN IRRIGATION DISTRICT 6.1 Applicant shall apply for a land use change application prior to final platting. 6.2 All laterals and waste ways must be protected. 6.3 The District's Lateral (Nine Mile Creek courses along the western boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 6.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 6.5 The Developer must comply with Idaho Code 31-3805. 6.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 7. CENTRAL DISTRICT HEALTH DEPARTMENT 7.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 7.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 7.3 Run-off is not to create a mosquito -breeding problem. 7.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment, swimming pools or spas and child care center. Exhibit B _ 8 C. Legal Descriptions and Exhibit Maps P.N. 2436 WAITS land surveying, Ile ?714Li Saurise Ran R'cQ4. Sufic ZdG)tip 83705 20&947.3830 Tcle. 208.947.3829 Fix ANNEXATION DESCRIPTION December 18, 2008 A parcel of land located in the Southeast ! t4 of Section 18. T.3N., RA E.. B.M., Ada County. Idaho, and being: more particularly described as follows: Commencing at the Southeast comet of said Section 18, from which the South 1 /4 comer of said Section bears S 89044'18- W. 2649.09 feet, thence S 8944' 18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of420.31 feet, to the REAL POINT OR BEGINNING; thence continuing S W44'18- W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of227.98 feet; thence leaving sa id boundary and centerline N 00" 1.542" W for a distance of 48.00 feet to a point on the North Right -of -Way line of E. Overland Rd and the Southeast corner of Pack it Up Subdivision as filed in Book 84 at Page 9360. Ada County Records; thence leaving said Right -of -Way line N 29'02'44" W along the East boundary of said subdivision for a distance of 584.73 fdx-t to the Northeast corner of said subdivision; thence N 68a22'27" W along the Northerly boundary of said subdivision for a distance of368.85 feet: thence Ieaving said Northerly boundary N 00�27'30" E for a distance of297.86 feet to the South boundary 0 f the N1J2ofthe N1'2 of the SE114ofthe SE 4ofsaid Sedation 18: thence N 99'43'12" E along said South )x)undary for a distance of 870.99 feet; thence S 00043'42" E hir a distance of237.09 feet; thence S 32'°23' 17" E for a distance of310.78 feet; thence S 42119'48" E for a distance of 166.47 feet; thence S 8928'20" E for a distance of I23.78 feet to a point on East lxiundary line of said Section 18; L:fr0jmtK Fignut (xsxx)lDocuments\ ignu(Annrxt)c�c.duc-1 Exhibit C - I - thence S (W31'53" W along said East boundary tine for a distance of 1 Ot,.55 feet; thence leaving said boundary line S 99*43' 1 S" W for a distance of423.96 feet; thence S 00'15'42" E for a distance of204.00 feet to the REAL POINT OF BEGINNING; containing 15.08 acres of land. rnore or less. Prepared by: Todd R. Waite A.L.S. 7:'Proims"Fignul(xxxx)�Ucxumentt=PignurAnnextA-u..doc-2 Exhibit C _ 2 l ' _ tiY 3AOYOj$6007 Exhibit C _ 3 _ � �t I L u 4r, z Y X, u W 2 J J W � Z J T U _Z z Z m U- O H �N$ Wzz w �UW 4 tt��Zam� C�Og2 2ppxx K 3 W 2 �ZH P.N. 2436 W A I T E land surveying, IIC 2710 Sunrise Rim Road, Suite 240 Boise, fD 83705 20R947.3830 Te e. 208.947.3829 Fax REZONE DESCRIPTON #2 C-G December 11, 2008 A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R.IE., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Southeast comer of said Section 18, from which the South 1/4 corner of said Section bears S 89°44' l 8" W, 2649.09 feet, thence S 89°44' 18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of 420.31 feet; thence leaving said boundary and centerline N 0015'42" W for a distance of 264.00 feet; thence N 89°44'18" E for a distance of 170.39 feet to the REAL POINT OF BEGINNING; thence continuing N 89°44' 18" E for a distance of 253.57 feet to a point on the East boundary of said Section 18 and the centerline of Locust Grove Rd.; thence N 0091'53" E along said East boundary and centerline for a distance of 106.55 feet; thence leaving said boundary and centerline N 89°28'20" W for a distance of 123.78 feet; thence N 42'19'48" W for a distance of 166.47 feet; thence N 32'23' 17" W for a distance of 16.75 feet; thence N 89°28'07" W for a distance of 10.84 feet; thence S 0095'42" E for a distance of 246.16 feet to the REAL POINT OF BEGINNING; containing 0.85 acres of land, more or less. Prepared by: Todd R. Waite P.L.S. CADocuments and SeningsWariellelMy DocumentsTignut(xxxx)Ukxuments\Fignut-CG2-Desc.doc-1 Exhibit C -4- J L✓ >a MWW olky � �a <qt qa0 <H0. (Do W 3 >o O O DM V& 3AOMS 196007 N�— z 3,£S MOON Q I.SS 90t X e v Q W w Z 0 O � " :' Of .1 2466' °Dr ; LL- SOO'l Exhibit C - 5 - '-1 a nE o� co N $2$, rq Z $ aI ' 0 4 r I N00'15' 42'W w 264.00' w w 00 O 07 C4 O d N n Z LO pp OD N N d z O d Ift � Iw a� s I I Is IR W � O I S o -n''$ S Y g 13� e> 0 0 It LaJ J Q U N V, 0 x u cco Nn i n cc aCfJ •� N � v � Fv r �N� 0 V m (V C 0 oN CA N Tw isU LL7p ovio Ezz m�j3 al g za z >. m G J zrc Ic OW �o`Z h z iX W A I T E 14nd 51Aweying, 11C 2710 5urtri5e Rim Roa4, Suite 240 Boise, ID 83705 208,947,3830 Tele. 208.947.3829 Fax P.N. 2436 December 8, 2008 REZONE DESCRIPTON #1 C-G A parcel of land located in the Southeast 1/4 of Section 18, T.3N., RAE., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Southeast corner of said Section 18, from which the South 1 /4 corner of said Section bears S 89144' 18" W, 2649.09 feet, thence S 89'44' 18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of 420.31 feet to the REAL POINT OF BEGINNING; thence leaving said boundary and centerline N 0095'42" W for a distance of 264.00 feet; thence S 89'44' 18" W for a distance of 276.07 feet; thence N 28°40'46" W for a distance of 220.89 feet; thence N 08°46'09" W for a distance of 54.49 feet; thence N 68°22'27" W for a distance of 129.62 feet to the Northeast comer of Pack It Up Subdivision as filed in Book 84 at Page 9360, Ada County Records; thence S 29°02'44" E along the East boundary said subdivision for a distance of 584.73 feet to the Southeast corner of said subdivision being a point on the North Right -of -Way line of E. Overland Rd.; thence S 00'15'42" E for a distance of 48.00 feet to the South boundary ofsaid Section 18 and a point on the centerline of said E. Overland Rd.; thence N 89'44'18" E along said boundary and centerline for a distance of227.98 feet to the REAL POINT OF BEGINNING; containing 2.15 acres of land, more or less. Prepared by: Todd R. Waite P.L.S. ZAProjectsTignut(xxxx)U)ocuments\Fignut-CG-Dese.doc-I Exhibit C - 6 - J L r7 C- 00 (V M rnN 17it 3AON01snoo7 Exhibit C _ 7 _ W NO o" F• Wa 00 N LL 0 LVY.VV (7 3 °D^ w `w to • z z aO1a(D d' n 4 in Z N Q{m{,�� (L'O 00 N � O� d N cn i �Q 14 f0 `J mW A o 0 � O n O o N '� F U �} >-C W o J N U qq'Za o < m o -Z 4 3 0 �qx�x+F n o v WmWU� �ZH P.N. 2436 WAITS lan4 surveying, IIC 2710 Sutorise R rY f ua4, 5uitc 240 Kilsc, !n 837C)5 208.947 3830 Tole. 20R947 3829 Fix REZONE DESCRIPTON ZONE TO IL December 18, 2008 Revised Jan, 6, 2009 A parcel of land located in the Southeast 1:4 of Section 18. T.-M. R. I E., B.M., Ada County. Idaho, and being rnore particularly described as follows: Commencing at the Southeast comer of said Section 18, from which the South 1/4 comer of said Section bears S 89'44' 18" W, 2649.09 feet. thence S 89*44' 18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of420.31 feet; thence leaving said boundary and centerline N 00 15'42" W for a distance of 48.M feet to a point on the North Right -of -Way line of E. Overland Rd.; thencx: S 89�44' 18" W along said North Right -of -Way line for a distance of 227.98 ti ct to the Southeast corner of Pack It Up Subdivision as filed in Book 84 at Page 9360, Ada County Records; thence leaving said Right -of -Way line N 29" 02'44" W along the East boundary of said subdivision for a distance of 584.73 feet to the Northeast corner of said subdivision. being the REAL POINT OF BEGINNING; thence N 68'22'2T' W along the Northerly boundary of said subdivision for a distance of369.85 feet; thence leaving said Northerly boundary N 00 27'30" E for a distance of 297.86 feet to the South boundary of the N 1 f2 of the N 112 of the SE 114 of the SE 1 t4 of said Section 18-, thence N 8904312" E along said South boundary for a distance of870.99 feet; thence S 00"43'42" E for a distance of 237.09 teet; thence S 32*23' 17" E Ibr a distance of 294.03 feet; thence; N 89'28'0T' W for a distance of 10.84 test: Z:=Prajmt-,; ignut(xxxx)UkkvcumuttslTitmut-IL-Ih.:sc.doc-I Exhibit C -8- thence S OW 15'42" E for a distance of 24G.16 feet; thence S 89044*18" W for a distance of446.46 feet; thence N 28`40'46" W for a distance of220.89 feet; thence N 48'46'09" W for a distance of 54.49 feet; thence N 68'22'27" W for a distance of 129.62 feet to the REAL POINT OF BEGINNING; containing 12.08 acres of land, mere or lea. Preparvo by: Todd R. Waite P.L.S. Z: Project fignut(xxxx)`=Docutncnt.=Ftgnut-tL,L%v .Jax-2 Exhibit C - 9 - 6 q ` Z \ U� ui � §/ 'q) q % \ .M 3AOMSI«„ o, ƒ / _ » \ 9& ®®- k f ƒ 3: \� U- mo «#£E . S i d» z� ± �t ' � » g 2E §\ ■ 7� | 27.09 §a i z / }03cn �\ § co S Go E « 7777,® ` / cc ®- + j §$ k§ 8 * co « ƒK a \2 k \\\ ! ƒ » !d G ` ~ §§( � / �. j � ■ ate■ &mN s e iCL ■ ~ 0 u l:1 ® #6§y ¥8�§ inoa *qo §2§ Exhibit C -e- WAITS land surveying, llc .2710 Sunrise Rim ko,14. Suite 240 Rc r;e. 1P ti�47C)5 2O8 947.3830 Te{e. 20R947 3829 Fax P.N. 2436 January 6, 2009 REZONE DESCRIPTION FROM CG to IL A parcel of land located in the Southeast 114 of the Southeast 14 of Section 18, T.3N., R. t E., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the' ,,uthcast corner of said Section 18, from which the South 1/4 comer of said Section hears S 89°44'18" W. 2649.09 feet. thence N 00'31'53" E along the East boundary of said Section 18 and the centerline of Locust Grove Rd.. for a distance of C)97.01 feet; thence leaving said boundary and centerline S 89°37'2T' W for a distance of 89.09 teet to a point on the West Right -of -Way line of locust Grove Rd., being the REAL, POINT OF BEGINNING; thence S 89°37'27" W for a distance of 322.09 feet: thence S 89°43*12" W along the South boundary of the N1/2 of the N 1/2 of the SEI14 of the SE 114 ofsaid Section 18. for a distance of 870.99 feet: thence leaving said South boundary N 00°27'30" E for a distance of 81.47 ti et to a point on the South Right-ot=Way line of interstate 84, thence along said Right-of=Way line of Interstate 84 for the following 3 courses: thence S 89°33136" E for a distance of 371.62 feet; thence S 83"45' 17" E for a distance of 2(10.65 feet, thence S 89'34'11" E for a distance of 619.41 feet to a point on the West Right -of -Way line of Locust Grove Rd.; thence S 02°26' 12" E along said Right -of -Way line of Lou 45.81 feet to the REAL POINT OF BEGINNING; containing 1.69 acres of land, more or less. Prepared by: Todd R. Waite P1-& k Trtyws,fignut i Exhibit C - 11 - .of _J �w O SW4Y42i 237,09' ,Ltr' l8 3.Qf LMON w� ,f f"6Cf 3,0£.LLOON W z�w � pZN Q / �a <QY <> 9 na 2 nr 3AO80 tO ^I 1SQ907 .l0'C66 A6,fS,tf.00S ' � � �i V _ .SS 90t 8 a E Q a Q O a � tr Li W LL.. O 3 o T t� iE 0 i 50016'42'E 264.00' Exhibit C - 12 - m S m cV N00'i9'12�tM y 4B.D0' I '; t o ` 4 m d co 0 O `�r7io . ao N woWZz w =a 4 ' _ 0 0± p0� F r' Z U Caw o o W 4 U <mZj iQQ�QQ No�ti O 2�0y u Vc� 'o 08 i$ g� ni <jW wmu a o e Z wOO.0 �ZJ P.N. 2436 WAITS land surveying, (fc 2710 Sunrise Rim Road, Suite 240 Boise, ID 83705 208.947.3830 Tele. 208,947.3829 Fax PROPOSED FIGNUT SUBDIVISION December 11, 2008 A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R.I E., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Southeast corner of said Section 18, from which the South 1 /4 corner of said Section bears S 89'44' 18" W, 2649.09 feet, thence S 89'44' 18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of 420.31 feet; thence leaving said boundary and centerline N 00° 15'42" W for a distance of 48.00 feet to a point on the North Right -of -Way line of E. Overland Rd., being the REAL POINT OF BEGINNING; thence S 89'44'18" W along said North Right -of -Way line for a distance of227.98 feet to the Southeast comer of Pack It Up Subdivision as filed in Book 84 at Page 9360, Ada County Records; thence leaving said Right -of -Way line N 29°02'44" W along the East boundary of said subdivision for a distance of 584.73 feet to the Northeast corner of said subdivision; thence N 68°22'27" W along the Northerly boundary of said subdivision for a distance of 368.85 feet; thence leaving said Northerly boundary N 00°27'30" E for a distance of 379.33 feet to a point on the South Right -of -Way line of Interstate 84; thence along said Right -of -Way line of Interstate 84 for the following 3 courses: thence S 89°33'36" E for a distance of 371.62 feet; thence S 83'45'17" E for a distance of 200.65 feet; thence S 89'34'11" E for a distance of 619.41 feet to a point on the West Right -of -Way line of Locust Grove Rd.; C:\Documents and Settings\N4arielle\My DocumentsTignut (xxxx)\Documents\FignutBndyDesc.doc-t Exhibit C - 13 - thence S 02'26'12" E along said Right -of -Way line of Locust Grove Rd. for a distance of 45.81 feet; thence leaving said Right -of -Way line S 89037'27" W for a distance 322.09 feet; thence S 00°43'42" E for a distance of 237.09 feet; thence S 32'23' 17" E for a distance of 300.86 feet; thence N 88°49'29" E for a distance of 178.78 feet to a point on the West Right -of -Way line of said Locust Grove Rd.; thence S 02'26' 12" E along said Right -of -Way line of Locust Grove Rd. for a distance of 48.75 feet; thence continuing along said Right -of -Way line S 89028'10" E for a distance of 7.18 feet; thence continuing along said Right -of -Way line S 00°31'53" W for a distance of 194.28 feet; thence leaving said Right -of -Way line S 89'44' 18" W for a distance of 369.96 feet; thence S 00'15'42" E for a distance of 216.00 feet to the REAL POINT OF BEGINNING; containing 16.78 acres of land, more or less. Prepared by: Todd R. Waite P.L.S. CADocuments and SettingsWarielleNy Documents\Fignut (xxxx)\Documents\FigtutBndyDesc.doc-2 Exhibit C - 14 - a� x x 's x � a _ tu 5i �� k $ g�b�^ lei Q.a �is R �j OxR 3A 0 H0 1 Sn O01 9x 5 m .�o-gee ss. ORl gg K 502'26'i2'E M .C_S.ILW S e w 4&75' rn z F- ofmO LS 020:L5'42 216.0( U Q h v 1 a 1 cco CL d< h 1 o a x x h _ h < IS _ ��cC•ALf Fe a o< a<~ q �'. O • � u; � on cig � a Exhibit C - 15 - 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property to C-G and I-L. Staff finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that future development of this property should comply with the established regulations and purpose statement of the C-G and I-L zoning districts, if the DA provisions are adhered to. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that a zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that a zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, Staff finds that Annexation and Zoning of this property to C-G and I-L would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in the Staff Report. 2. Rezone Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; Staff finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed Exhibit D - 1 - district, specifically the purpose statement; Staff finds that the proposed mix of uses allowed within the C-g and I-L zoning districts will assist in providing service needs of the community. Staff fords that future development of this property should comply with the established regulations and purpose statements of the requested zoning districts. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The rezone is in the best interest of the City. Staff finds that the rezone of the subject property from C-G to I-L is in the best interest of the City. 3. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision -making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Staff finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, Staff finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general Exhibit D - 2 - welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, Staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff is unaware. 4. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR Staff finds the location of the irrigation easement and drainage easement does not make it feasible for the planting of the required trees. The applicant is proposing to install lawn, and a mix of shrubs and boulders throughout the planting area within lot 1, Block 1 and the 25-foot wide landscape buffer adjacent to the southern boundary of Lot 2, Block Lln addition, the required 50-foot wide landscape street buffer adjacent to I-84 and the 10-foot wide landscape street buffers are proposed to be installed with lot development. Staff is supportive of the request because there is a possibility the landscaping may be damaged as development occurs on the lots. In addition, the applicant has approximately a quarter mile of frontage along I-84. Therefore, staff believes there is an undue hardship on the applicant particularly since the applicant does not have any end users who want to develop in the area b. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the alternative compliance does provide a superior means for meeting the City's landscape standards. The applicant has not asked for width reduction to any of the required landscape buffers. In fact the landscaping proposed for Lot 1, Block 1 exceeds the minimum width required by the UDC. Therefore, Staff supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use or character of the surrounding properties. Exhibit D - 3 -