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HomeMy WebLinkAboutSouthridge 31 AZ-08-016CITY OF MERIDIAN (~E IDIAN~-- FINDINGS OF FACT, CONCLUSIONS ~ D b H m OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 36.27 Acres of Land with an M-E Zoning District, by James Jewett. Case No(s). AZ-08-016 For the City Council Hearing Date of: Apri17, 2009 (Findings on the Apri128, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri17, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri17, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of Apri17, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri17, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-016 -1- 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the Development Agreement provisions in the attached Staff Report for the hearing date of Apri17, 2009, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning as evidenced by having submitted the legal description and exhibit map stamped and dated December 12, 2008 by Hugh W. Edwards, PLS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of Apri17, 2009, incorporated by reference. D. Attached: Staff Report for the hearing date of Apri17, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-016 -2- By action of the City Council at its regular meeting held on the 2(~ day of 2009. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) \~ ~~y .~ Mater Attest: _ ~]~~L 9~ qM .` ~d ``~. ayce olman, City Clerk '''~~„~~1~'p~ ~~~~~~~~```~• VOTED_~ VOTED___ ~~ VOTED__ (~~~ VOTED ~~`-' VOTED de Weerd Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: ~ 0,~ ~~ Dated: ~-' Zq --D~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-016 -3- STAFF REPORT Hearing Date: Apri17, 2009 TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: AZ-08-016 - Southridge 31 E IDIAN--- 9~H I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, James Jewett, has applied for Annexation and Zoning (AZ) approval of 36.27 acres of land from the RUT zoning district in Ada County to the M-E (Mixed Employment) zoning district in the City. II. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed annexation 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. The Meridian Planning & ZOlling Commission heard this item on February 19, and March 5, 2009. At the public hearing on March 5a' they moved to recommend suproval of the subiect AZ reauest• a. Summary of Commission Public Hearing: i. In favor: Van Elg (applicant's representative) ii. In opposition: Georgia Chapin; Joyce Baker; Steve Prisbus; Leo Pula; Jana Pula; Tom Christensen; Earl Marks; Curtis Elton; Susan Stone iii. Commenting: Jesse Rosin (Knife River) iv. Written testimony: Joyce Baker; Melvin Baker; a letter & petition signed by a total of 45 neighbors; response to the staff report from the applicant v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Pete Friedman b. Key Issue(s) of Discussion by Commission: i. The legal status of the current operation of a batch plant in unincorporated Ada County; construction activities related to the widening of I-84 on the site; hours of operation of the batch plant; term of operation; method of dust control; and traffic control at the Ten Mile/Overland intersection. ii. Whether or not it's in the best interest of the City to allow the batch plant and construction activities to continue to operate on the site if it is annezed. c. Key Commission Change(s) to Staff Recommendation: i. Add a DA provision for the contractor to provide flaggers at the Ten Mile/Overland intersection during peak hours to ensure smooth traffic flow for both residential and construction equipment (see DA provision #g); ii. Add a _DA provision for the contractor to alleviate dust issues from the construction activities on the site by watering the area. (see DA provision #h); iii. Modify DA provision #f per Staff s recommendation, to remove the "concrete batch plant" terminology and lust leave it at "construction activities" related to the widening of I-84 and construction of the Ten Mile interchange. Southridge 31 AZ-08-016 PAGE 1 d. Outstanding Issue(s) for City Council: i. Determine what the "weak hours" are that the contractor is required to urovide flagsers at the Ten Mile/Overland intersection. Th e M eri iaII lty Ounc'1 hear d his ltem nn Anvil 7.2009_ At t_he_ n_nhli hoa__rina thp_(`._n_nn_c_i1 the subiect AZ reques t a, u mmarv of City o nc'1 Pu b is Hearing: ~. avor: Van Elg. The L and roue (Ann icant' Renre entativel: Tim .T .wptt (Anpl icantl: Jesse Rosen Knife River: Mike Burke: S tt Ni h l L V H 1L _ Ln opposition: Jana Pupa . co c o s: .arrv an ee : Joyce Baker: Melvin Baker ~1. Commenting: None ~. Written testimony: Joyc e Baker and Melvin Baker y. tiff presenting ann icat ion: onva Wafter yi. Other staff co men 'ng on ann ication: nna a pin 12.. e v Issues of Discussion by Co nc'l: i, The operation of the bat ch plant and a cociated con traction activitie related to the I- 4 widening and Ten Mi le interchange proiect on th it a. The value of having t e e: he batch plant and associated constriction activities located on bi i i l ~ e su ect property b. Compliance with DE m n c ose pro ty to the aforementioned proiectc; O air aua ity rea irement c. ompliance with EP A not e e i ion tandard d. pnroval for the bat ch plant and associated construction activitie to operate on the i il I id ' 84 d T t h i t ii< he specifc 'mes hat th n e - w en ng an en e erc ange pro ec e contractor 'll be rea sired to provide fla era he Te Mile/Overland intersecti on: ~ Ke v Counci Chap~e o a / mmissinn R .rnmm .ndatinn i. Modify DA provision #g to reaaire flagsers at the Ten ile!Overland inter ection from :30 am to 9:00 am and 3:30 nm to 7:00 pm through the completion of the operation o e batch plant for the c urrent 'nterstate wide ins proiect: ~. dd a DA provision (#il that requires futare accessory uses on t i ite to be ubiect to approval by t he Pla Wins Director: ~. dd a DA provision (#il that rea ~irec future acce ory a e on is ite a occated wit e expansion of the Ten Mile interchange to comply with aLl DEO. Idaho Denartmen T.ands. Tdaho Transpo rtation Department- Federal Highway A mini. tratio en 'ro mental resulatio n .and .PA a'r aua ity and water aua ity provi ion and requirements. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-08- 016, as presented in the staff report for the hearing date of Apri17, 2009 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-08-016, as presented during the hearing on Apri17, 2009, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Southridge 31 AZ-O8-016 PAGE 2 Continuance I move to continue File Numbers AZ-08-016 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the northeast corner of W. Overland Road and S. Ten Mile Road, in the southwest % of Section 14, Township 3 North, Range 1 West. Parcel Numbers: 51214336100; 51214336350; 51214336340; 51214336400; and S1214336450 B. Owner(s): James L. Jewett & ECK Family Limited Partnership, etal 1520 S. Ten Mile Road Meridian, ID 83642 C. Applicant: James L. Jewett 1560 Carol Street Meridian, ID 83642 D. Representative: Van Elg, The Land Group, Inc. (208-939-4041) E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 2, and 16, 2009 (Commission); March 16, and 30.2009 (City Council) C. Radius notices mailed to properties within 300 feet on: January 30, 2009 (Commission); March 12, 2009 (City Council) D. Applicant posted notice on site by: February 10, 2009 (Commission); March 27.2009 (City Council VI. LAND USE A. Existing Land Use(s): A concrete batch plant associated with the I-84 construction project currently exists on the site. There are several existing structures that will be removed upon development of the site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by residentiaUagricultural properties and borders I-84, Ten Mile Road, and Overland Road. 1. North: Interstate 84; rural residentiaUagricultural property, zoned RUT in Ada County 2. East: ResidentiaUagricultural property, zoned RUT in Ada County 3. South: Overland Road; existing residential property, zoned RUT in Ada County; and approved but not yet constructed residential uses in Southridge Subdivision, zoned R-8 and Southridge 31 AZ-08-016 PAGE 3 TN-R 4. West: Residential properties in Cheviot Hills Estates Subdivision, zoned Rl (in Ada County) C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: W. Overland Road b. Location of water: Water will be constructed by JLJ with the W. Overland Road realignment. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There is a canaUditch on this site that runs eastlwest from Ten Mile Road midway across the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. F. Access: The conceptual development plan submitted with this application identifies a public street access (W. Tasa Drive) to Ten Mile Road and another (Market Square Way) to the re- aligned W. Overland Road. Another public street, W. Old Market Court, is proposed with future development to be extended midway along the southern boundary of the site from Market Square Way and terminate in a cul-de-sac. See Analysis, Section 10, below for Staff's analysis of the proposed access to the site. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This site is designated as "Mixed Employment" on the Ten Mile Interchange Specific Area Plan Future Land Use Map. Per the Specific Area Plan (page 3-11), "The purpose of the Mixed Employment areas is to encourage a diversity of compatible land uses that may include a mixture of office, research and specialized employment areas, light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments, primarily serving employees and users of the Mixed Employment areas or nearby industrial areas, are allowed. Such retail would be the exception and not the rule. Buildings in this category are anticipated to range in height from 1-4 stories, have total floor areas of 10,000-1,000,000 square feet, and floor to area ratios (FAR) will exceed 0.75." Future development will be required to be consistent with the stated purpose, intent, and standards of the Mixed Employment land use category within the Ten Mile Specific Area Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the development of this property (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 lands proposed to be annexed 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 Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Southridge 31 AZ-08-016 PAGE 4 - The subject lands currently lie within the jurisdiction of the Ada County Sherifj"s Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChID). 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. • Chapter V, Goal III, Objective D, Action 5 -Require all commercial and industrial businesses to install and maintain landscaping. Street buffer landscaping and internal parking lot landscaping will be required with future development of this site. All landscaping shall be installed and maintained on the site in accordance with the standards listed in UDC 11-3B or the standards in effect at the time of development. • Chapter V, Goal III, Objective B, Action 8 -- Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway. Upon development of this site, the developer will be required to construct landscape buffers along Ten Mile Road and Overland Road both entryway corridors into the City, and along I-84, in accordance with the street buffer standards listed in UDC 11-3B-7C or the standards in effect at the time of development. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. While there is no development proposed at this time, future development will provide one access to/from this site to/from Ten Mile Road via W. Tasa Drive, a proposed public street and to/from the newly aligned Overland Road via Market Square Way, a proposed public street. No other access points are proposed or approved to/from this site via Ten Mile Road or Overland Road. • Chapter VI, Goal II, Objective A, Action 12 (page 85) -Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets. nth the redevelopment of this site, the applicant is proposing to provide a public stub street (W. Tasa Drive) to the property to the east for future interconnectivity, which should assist in reducing the number of access points onto Overland Road, an arterial street. • Chapter VII, Goal I - Ensure a variety and balance of land uses to support the Meridian Impact Area. Staff believes that the type and mix of commercial/industrial uses (i.e. corporate & business offices; research facilities c~c laboratories; light industrial uses including manufacturing & assembly; and occasional, complementary uses which focus on serving area employees & users, such as business services, child care, and convenience retail) encouraged in the M-E designation will provide a variety of employment opportunities and services within the impact area and possibly to the future residents of Southridge Subdivision to the south. Southridge 31 AZ-08-016 PAGE 5 VIII. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists the permitted, accessory, and conditional uses in the M-E zoning district. Allowed uses in the M-E district are offices, medical centers, research and development facilities, and light industrial uses with ancillary support services. B. Purpose Statement of Zone: Per UDC 11-2B-1, "the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways." C. Dimensional Standards: Future development of the subject property shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the proposed M-E zoning district in effect at the time of development. D. Landscaping 1. Width of street buffer(s): UDC Table 11-2B-3 currently requires a 50-foot wide landscape buffer adjacent to I-84; a 35-foot wide landscape buffer adjacent to S. Ten Mile Road and W. Overland Road, both entryway corridors; a 20-foot wide landscape buffer adjacent to W. Tasa Drive and Market Square Way, if classified as collector streets; and a 10-foot wide landscape buffer adjacent to W. Old Market Court if classified as a local street. The applicant shall comply with current UDC standards in effect at the time of development. 2. Width of buffer(s) between land uses: The applicant is required to comply with the design guidelines contained in the Ten Mile Interchange Specific Area Plan. 3. Percentage of site as open space: NA 4. 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. E. Off-Street Parking: Not applicable as no development is proposed at this time; however, off-street parking is depicted on the concept plan. Future development shall comply with the standards set forth in UDC 11-3C-6B for commercial districts. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The annexation legal description submitted with the application (stamped on December 12, 2008 by Hugh Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Dimensional Standards: Development of the site is required to comply with the dimensional standards of the M-E district listed in UDC Table 11-2B-3. There is no required front, rear, or side setback. However, where a landscape buffer is required, buildings shall be set back at least the minimum width of the buffer. Conceptual Development Plan: The applicant has submitted a conceptual development plan showing how the site may develop in the future; however, the applicant has stated that it is for illustrative purposes only and that future concept and development plans will be submitted based on the market and economic conditions. Southridge 31 AZ-08-016 PAGE 6 The concept plan depicts 14 building pads; drive aisles for circulation within the site; off-street parking; the extension of Tasa Drive (a public street that exists across Ten Mile Road to the west) through the site to the east property boundary; and Market Square Way, a public street proposed to connect Tasa Drive to the new alignment of Overland Road south of this site. Two round- abouts are depicted on the plan to enhance traffic flow within the site. Another public street, W. Old Market Court, is shown in the current location of Overland Road extending from Market Square Way to the west midway along the south boundary of the site ending in a cul-de-sac with a driveway access to the north into the site. Because the applicant has noted that the concept plan is only for illustrative purposes, Staff is highlighting certain aspects of the plan that we recommend be incorporated into a future plan for the site, as follows: 1) provide a round-about for more efficient circulation at the intersection of Market Square Way and Tasa Drive; 2) locate structures adjacent to streets with parking at the rear and sides of the structure; 3) provide a stub street at the east property boundary for future interconnectivity and to reduce access points to Overland Road; and 4) provide a public plaza area within the site generally along an axial alignment with any large structure or framed by a configuration of smaller structures and as a focal point to the development in an area (size) proportional to the development; and 5) provide a vehicular and pedestrian connection from the cul-de-sac at W. Old Market Court to W. Tasa Drive. E~sting Structures: There are existing structures on this site, which the applicant proposed to remove prior to development. The concept plan depicts the existing dairy barn and silos, however, they are proposed to be removed. Building Elevations/Design Standards: The Applicant did not submit conceptual building elevations or architectural guidelines for future buildings to be constructed on this site. However, the applicant has stated that future development will comply with current design standards and the Ten Mile Specific Area plan. E~sting Landscaping: There are a lot of large existing trees over 4" caliper that exist on the site. Per UDC 11-3B-lOC, 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. The applicant shall contact Ekoy Huff, City Arborist, at 888-3579 prior to removing any trees from the site to determine the amount of mitigation required for this site. Access: The conceptual development plan submitted with this application shows one public street access (W. Tasa Drive) to Ten Mile Road and another (Market Square Way) to the future re-aligned W. Overland Road south of the site. The new Ten Mile interchange project is adjacent to this site on the north and west boundaries. After the interchange is constructed, Overland Road (in its current location at Ten Mile Road) is intended to be converted to a right-in/right-out until the construction of Tasa/Market Square is complete through the site. As part of the Ten Mile interchange construction project, the Idaho Transportation Department (ITD) plans to reconstruct Tasa Drive further to the north on the west side of Ten Mile Road and extend Tasa to the east side of Ten Mile Road under the approach ramp through the subject site to the junction of Tasa Drive/Market Square Way and south (Market Square Way) to the existing Overland Road. Right-of--way (ROW) has already been obtained for the construction of Tasa/Market Square to the existing Overland Road location; right-of--way has not yet been obtained from the existing Overland to the future realignment of Overland. If ROW is obtained between the existing Overland and future Overland locations prior to the construction of Southridge 31 AZ-08-016 PAGE 7 Tasa/Market Square through the subject site, ITD will construct Market Square to the newly aligned Overland. Once TasaJMarket Square has been constructed to the newly aligned Overland, the existing Overland access to Ten Mile will be removed and access will be terminated. If ROW is not obtained prior to construction, ITD will improve Overland Road in its current location from Market Square west to the Ten Mile intersection. Certificate of Zoning Compliance: The applicant will need to apply for a Certificate of Zoning Compliance for approval of future structures and uses proposed on the site. All future development shall comply with current design standards, provisions of the UDC, and the Ten Mile Specific Area Plan. Development Agreement: UDC 11-SB-3.D.2 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 properly is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. The DA shall incorporate the provisions noted in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity/Zoning & Aerial Map 2. Conceptual Development Plan B. Agency Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Southridge 31 AZ-08-016 PAGE 8 A. Drawings 1. Vicinity/Zoning & Aerial Map Exhibit C -Page 2 2. Conceptual Development Plan ~~ M.~, .~.. . ~, Exhibit C -Page 3 CtGa~ s~ t:aymct - ~ P~ ~1r B. Conditions of Approval On January 29, 2009 a joint agency and departments meeting was held with service providers in this area. These agencies submitted comments on this application, which are included below. 1. Planning Department 1.1 ANNEXATION COMMENTS 1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. The required DA provisions are as follows: a. Future development of this site shall comply with all UDC standards, including current design standards in effect at the time of development, and the standards of the Ten Mile Specific Area Plan. b. The applicant shall modify the subject Development Agreement to include a specific site plan showing how the site is proposed to develop prior to submittal of the first development application for this site. The plan shall be consistent with the standards of the Ten Mile Specific Area Plan and current design standards in effect at the time of development. At a minimum, the plan shall incorporate the following features: 1) a round-about for more efficient circulation at the intersection of Market Square Way and Tasa Drive; 2) structures shall be located adjacent to streets with parking at the rear and sides of the structure; 3) a stub street shall be provided at the east property boundary for future interconnectivity and to reduce access points to Overland Road; 4) public plaza area(s) shall be provided within the site generally along an axial alignment with any large structure or framed by a configuration of smaller structures and as a focal point to the development in an area (size) proportional to the development; and 5) a vehicular and pedestrian connection shall be provided from the cul-de-sac at W. Old Market Court to W. Tasa Drive. c. Extend Tasa Drive as a stub street to the east property boundary for future interconnectivity upon development of the property to the east. d. Per UDC 11-3B-1 OC, 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. The applicant shall contact Elroy Huff, City Arborist, at 888-3579 prior to removing any trees from the site to determine the amount of mitigation required for this site. e. A Certificate of Zoning Compliance application is required to be submitted for all new structures/uses on this site. f. The operation of a~~^~-~• ••°° *^ *.''° construction activities related to the I-84 widening and construction of the Ten Mile interchange on this site shall be allowed as an accessory use to these rp oiects. Upon completion of the Ten Mile interchange, the operation of the batch plant shall cease; equipment and any remaining stock piles shall be removed from the site and the site shall be restored to a clean condition. ~ The contractor shall provide fla~rrers at the Ten Mile/Overland 'ntersection from 6:30 am to 9:00 am and 3:30 nm to 7:00 nm throurrh the completion of the operation of the batch plant for the c ~rrent interstate wide in,~project to ensure smooth traffic flow for both residential and construction eaunment. Exhibit C -Page 4 h. The contractor shall reEUlarly water the site with a water truck to alleviate dust issues created from construction activities on the site; L future accessory uses on t is site are subiect to review and annroval by he Pla nine ~ 11 fitare acce ory u e on is i e a ocia ed with the exnan ion of the Ten Mile anQe shall comnly with a 1 D .O. Idaho enartmen of .and .Idaho ations. and EPA air aLaLity and water aLa ity nrovi ion and reaLirement 2. Public Works Department 2.1 Water service to this site shall be from an extension of the 12 inch main that is to be constructed in the W Overland Road realignment and continuing in the proposed Market Square Way. The applicant will be responsible to install water mains to and through this project, coordinate main size and routing with the Public Works department. 2.2 Sanitary sewer service to this development is being proposed via extension of mains in W Overland Rd. Due to the fact that this property is located in two sewer drainage basins the applicant will need to construct sewer mains for each basin as shown on the City of Meridian Sewer Master Plan or work with Public Works Staff to provide and equivalent solution. The applicant shall install mains to and through this project; 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 altenaate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.6 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewallc is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by-the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior Exhibit C -Page 5 to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.9 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District ,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to obtaining certificates of occupancy. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized imgation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to construction plan approval. 2.13 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 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 any new mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of building pads are at least 1-foot above. 2.18 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %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'. Exhibit C -Page 6 f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 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. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 Commercial and office occupancies will require, with annexation approval, afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.12 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.13 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. Exhibit C -Page 7 3.14 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) Provide a permanent secondary access to the site at time of development via Ten Mile Road or Overland Road 3.15 Submit details of the round-about to the Fire Department prior to construction. 4. Police Department 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. Sanitary Service Company 6.1 SSC did not submit comments on this application. 7. Ada County Highway District This application is for annexation and rezone only. Listed below are some of the findings for consideration that the District may identify when it reviews a future development application. The District may add additional findings for consideration when it reviews a specific redevelopment application. 7.1 Site Specific Conditions of Approval 7.1.1 Vacate Overland Road where it intersects Ten Mile Road if the following criteria are met: a. The conditions of the existing Developer Cooperative Agreement are satisfied. These conditions include, but are not limited to: provision of a fmancial surety to ACRD to guarantee the construction of Overland Road in the new alignment, and completion of the Overland Road realignment no later than October 31, 2009; b. ACRD submits and I'TD approves a change order to provide access to both the site and Tara Drive via Market Square Way instead of the existing Overland Road alignment. This change order will call for the construction of Market Square Way from the new Overland Road alignment to Tasa Drive, and for the complete removal of Overland Road where it currently intersects Ten Mile Road. This change order cannot be submitted until a financial surety guaranteeing the construction of Overland Road in the new alignment is in place; c. The applicant, ACRD, and ITD reach an agreement for the provision ofright-of--way and construction of Market Square Way between the existing and proposed new alignment of Overland Road. 7.1.2 Construct any internal and abutting that are NOT built by ITD as 36-foot commercial street sections with vertical curb, gutter, and 7-foot wide attached concrete sidewalk on both sides. Exhibit C -Page 8 7.1.3 If the applicant, ACRD, and ITD aze unable to come to an agreement for the provision of right- of-way and construction of Mazket 5quaze Way between the existing and proposed new alignment of Overland Road, construct this section of roadway prior to any development of the site. 7.1.4 Construct any portion of the proposed roundabout that is NOT built by ITD. 7.1.5 Construct one stub street to the east, located approximately 450-feet north of the existing Overland Road (measured centerline to centerline). Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.6 If the criteria of Site Specific Condition of Approval #1 aze met, and Overland Road is vacated where it intersects Ten Mile Road, then: a. Provide access to Windy Ridge Lane at the south property boundary; b. Provide access to 1620 S. Ten Mile Road (pazcel # S 1223223300). 7.1.7 Restrict all commercial driveways to 36-feet in width, and pave each driveway its full width at least 30-feet into the site from the street. 7.1.8 Comply with all Standazd Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing imgation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less than five yeazs old aze not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standazds and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to 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 Exhibit C -Page 9 prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit C -Page 10 C. Legal Description & Exhibit Map TBE L4ND 6nOUB ltvC. 13eCem1~ 12, 2Q08 Project No. A71d4 Attuexatioa ~ R~otte icgal Description Sauthridge 31 3b.27 acres SIT "A" A trace of Patui for amtexation and t~otte Imp sittt~tea in the Southwest Una Qtrsrter of the Swtthw~t Una Qttacter af'Sech'on t $, Township 3 AItMh, Range 1 West, Boise Meridian, Ado Cotutty, Idaho, described as follows: BEC3tNiVII~IG at a found brass cap monumentiog the.Southwest Corner of said Section 14 on the c~atterline of South Ten Mt`Ie Road, from arhich a found 518-inch steel pin manwnettttiog the West Uae Quarter tsf said Section t4 bears North 00°30'I A" East a distance of 2,659,52; Thence following the westerly line of said 5extion 14 and the centerline of said Satoh 'I'an AvUle Rand, North A6°3A'l A" East a distance of I,I87.b2 feet io a point on the centerline of Sn#erstt~te 84; Thence leaving wesFerly line artel said centerline and followin8 the centerline of said Inteasta~e 84, south $9°33°lA" East a distance off 1,327:A7 feet to ~ paint on the s~asterty line of said Sottihwe~ 63ne Quarter of the Southwest t)ne Quatier, Thence leavin8 said centerline attti followittB the easterly line csf saki Southwest Una Quarter of the Southwest Una Quarter, Satttlr AA°32'39" Were 8 dis~nce of 1,14446feet to a fotuxl Sf8" steel pin Atha Southwest Goa~r of said $otultweatt t7ne Quarter of the Smtthwesr t?ne Quarter an the centealine of West overland Road; Thence lea~wing said easterly Una and followirt~ the ~utherly lirce of mid Southwest. Una Quarter ofthe Southwest f3ae Quarter encl. the centerUue of said ~Jese Overland Read, l~lotth 89°lS'27" West a distance of 1,326.21 feet to the Po1NT UP AEGI;l+tl3liVQ. The above-descrrbed Erect of lead contains 3b.27 acres, more or less, subject to any existing easements or rights-ofway. Attached hereto is Exbiblt "B" and by this reference is made a port hereof Prepared By' THE LAA1D GROUP, RdC. ~~{, ~+i 462 @. SHt)RE DRIVE, SUITE S QO ~ EAGLE, IDAHO 83615 ~ 208-939-4041 ',~~ ~ 208-439.4445 (FAX) ~'~' t)! ~ }. B~ 13N ~Q Exhibit C -Page 11 srruaT~t~ iN TIDE sw lra nl ~ sw 1~'4 ®~ s~~oN 14, TOWNSEIIP 31~liTH, RANGE 1 WEST, B.I., ADA C©I11VTY, IDA~Ip 'r" z V.. 15, 14 r ,~ E~s~ srm ~ i/~ aow~ s t4 G,R,t;f'.t~; Si~tBi W Z r ~• •~ B~^J3'i8'E132489'' ~~•-r ,. ~ ` ~ ¢ t"~ ~ I.~gend ~ _ W ~ mid F- - ~ W ~ + FdUND 5/8' STFA PM a ~" Z ~ 1 Sao South T/e~n ~ir:tite Rom ~ ~ FWIdD CbP m ~ t- f°^ .^' ~ X ~UPI'ZtII T8X L/1DL{1(;t: R~ _ ^~~~'~ I = Z g ~ ~ Proposed Tat 1)i~tra~: M-E ~ $ ~~~ ANt~EXA710N MtD 1.1.i ~ Cjj ~, t,58t1,Q65 Sq Ft ~ REZONE 60UNDARY UNE 'O' ~ ~ 36.27 Ac. - _ _.__ SEC'(ION LINE ~ . z -_ .. _._ I~t~IT-Q~ Vi1AY UNE . ...... T!E LINE c~ ~ m t~ CP.dFJlQ t37~4 ~ 1~4 ~ 7 # Q 1 S 14 t~ ~~ • "~ 14~ 9 ~ ~~ as a3 wEST t~~t~nt~D ~ ~ °~a o,~ z~ ear a ~~ ~, ~y. Exhibit C -Page 12 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all the subject property M-E; the Comprehensive Plan Future Land Use Map designation for this property is Mixed Employment. The City Council finds that the proposed zoning map amendment complies with the future land use map designation for the property and the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property will be required to comply with the purpose statement of the commercial districts and the established regulations of the M-E zoning district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (iJDC 11-SB-3.E). The City Council 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. The applicant will be required to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, the City Council finds that Annexation and Zoning of this property to M-E would be in the best interest of the City if a Development Agreement is required with the provisions noted in the staff report. Further, the City Council finds that the construction activities operating on this site related to the I-84 widening and Ten Mile interchange projects are appropriate on a temporary basis. Exhibit D -Page 1