HomeMy WebLinkAboutFignut RecommendationsSTAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
June 23, 2009
(Continued from April 14 and 28,
May 26 & June 9)
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
~.~Vl E IDR IAN;=..,
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AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-027 -Fignut
NOTE: This project was heard by the Commission on March S, 2009. Since that time, the project has
been continued to allow the applicant time to coordinate with Nampa Meridian Irrigation District to
determine if sufficient irrigation water is available to service the proposed development. NMID has
notified the applicant there is sufficient water to serve the proposed development. Further, the
applicant wanted to discuss with staff a revised landscapeplan to use drought tolerantplants within the
development to limit water consumption. As a result of that meeting, a revised preliminary plat and a
revised landscape plan have been submitted to staff for review. Both revised plans are attached in
Exhibit A below. It is important to note, these plans differ slightly from the plans recommended for
approval by the Commission. Staff has detailed the changes to the aforementioned plans below.
The previous plat proposed 7 total lots [6 non-residential lots (4 I-L lots and 2 C-G lots) and I common
lotJ. The applicant has revised the plat because the UDC requires 25 foot wide landscape buffers in the
I-L district on any property sharing a contiguous lot line with a nonindustrial use. On the previous
plat, this UDC standard may have impacted the I-L zoned lot proposed as Lott, Block 2.
The applicant is now proposing to increase the total number of lots from 7lots to 8 lots and includes
increasing the commercial zoned lots (C-G) from 2 lots to 4 lots and decreasing the number of
industrial (I-L) zoned lots from 4 lots to 3 lots. With the proposed change, the applicant will only be
responsible for providing a 25 foot wide landscape buffer adjacent to the southern boundary of Lot 2,
Block 1 as proposed on the revised landscape plan. Staff has approved the 25 foot buffer through
alternative compliance (ALT-OS-027) concurrently reviewed with this application.
The revised landscape plan only varies in the planting materials proposed within the 50 foot buffer
adjacent to I-84, common lot 1, Block 1 and the 25 foot land use buffer along the southern boundary
of Lot 2, Block 1. The revised plan calls-out the use of drought tolerant native grasses in place of
lawn.
Because the commercially zoned portion of the property has increased on the revised preliminary plat,
revised legal descriptions and exhibit maps have been attached in Exhibit C below. Changes to the staff
report since the March Sth Commission hearing are in bold, italics and underline format below.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Ronald Van Auker, has applied for Annexation and Zoning of 15.07 acres from RUT
(Ada County) to C-G (General Retail and Service Commercial) (~ 6.5 acres) and I-L (Light Industrial)
(~8 8.57 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 7non-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
Fignut AZ, RZ, PP & ALT
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. The Meridian Planning & Zoning Commission heard these items on February
19 and March 5, 2009. At the March 5, 2009 public hearing the Commission voted to recommend
approval of the subiect AZ, RZ and PP request.
a. Summary of Commission Public Hearing:
i. In favor: Ron Van Auker Jr.
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Pete Friedman, Scott Steckline
b. Key Issue(s) of Discussion by Commission:
i. Cross access between the Maverick store and Lot 1, Block 2.
ii. The required 25-foot wide land use buffers required between the I-L zoned lots and the
C-G zoned lots.
c. Key Commission Change(s) to Staff Recommendation:
i. DA provision # 8 added unless reviewed and approved through alternative compliance.
ii. Modified condition 2.6 striking the requirement of City Engineers signature and added
prior to issuance of a CZC for the development.
d. Outstanding Issue(s) for City Council:
i. Cross Access between the Maverick Store and Lot 1, Block 2.
ii Staff is requesting Council to modify DA provision #8 and condition of approval
1.2.lbullet 3 to read: With future development of Lot 2, Block 1, the applicant shall
construct a 25-foot wide landscape buffer adjacent to the southern boundary approved
by ALT-08-027.
iii. After the Commission hearing, the City Flood Plain Administrator informed the
Planning Department of an apparent violation of the Clean Water Act on the subject
property because the Nine Mile Creek was tiled without approval from the Army Corps
of Engineers. The applicant submitted approved construction drawings and written
documentation from NMID allowing the tiling of the creek. If there is a violation on the
property, Staff is recommending the Council add a condition of approval requiring the
applicant provide the Planning Department with copies of any permits or approvals
from the Army Corp of Engineers with final plat submittal.
3. PROPOSED MOTION
Approval
After considering all Staff, Applicant and public testimony, I move to approve File Numbers AZ-
08-015, RZ-08-009 and PP-08-012 as presented in the Staff report for the hearing date of June 23,
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 deny City Council of File
Numbers AZ-08-015, RZ-08-009 and PP-08-012 as presented during the public hearing on June
23, 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.)
Fignut AZ, RZ, PP & ALT - 2 -
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: The site is generally located on the west 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
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);
March 23, 2009 and Apri16, 2009 (Council)
d. Radius notices mailed to properties within 300 feet on: January 30, 2009 (Commission); March
19. 2009 (Councill
e. Applicant posted notice on site by: February 23, 2009 (Commission); June 12, 2009 (Council
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.
L 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.
Fignut AZ, RZ, PP & ALT - 3 -
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.
Hazards: Staff is not aware of any hazards that exist on this property.
Flood Plain: A majority 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
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 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 III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
The City ofMeridian 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.
Fignut AZ, RZ, PP & ALT - 4 -
- 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.
"Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N,
Objective D, Action item 2)
On the preliminary plat, the Applicant is proposing to construct a 40 foot 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-1
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,foY installing a 25 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 N, 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 (GG 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
pYOpeYty.
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
Fignut AZ, RZ, PP & ALT - 5 -
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
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.
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.
Fignut AZ, RZ, PP & ALT - 6 -
PP Application:
Plat Design --The proposed preliminary plat would create g 7 buildable lots and 1 common lot on
approximately 16.78 acres of land. ~vve Four of the lots are proposed to be zoned C-G and €eur
three 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 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.
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 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. T ~*~ '' ~~a ^, T~'~~'-' ~~a Lot 2, Block 1 is adjacent to existing
prepesed 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 „''z,-~° 06/11/09 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 1. A portion of the proposed roadway and the attached 5-foot
sidewalk also encroaches into this easement. Further, ACRD 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.
Fignut AZ, RZ, PP & ALT - 7 -
As an alternative to not planting the required 22 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 lydrought tolerant native rg asses, 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
development occurs on the lots. Iri 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-SA-2; Alternative Compliance applications are
approved at administrative level by the Planning Director. However, because ALT is requested
concurrently with the AZ, RZ and PP, 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 standards 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 standards of the UDC.
Development Agreement (DA): UDC 11-SB-3D2 and Idaho Code § 65-6711 A 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 cormnitments 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
1. Vicinity Map
2. Annexation boundary
3. Preliminary Plat Boundary
4. Revised Preliminary Plat (dated: '''~~~ 6-11-2009)
5. Revised Landscape Plan (dated: n' i~~ 6-11_2009)
6. Elevations (NOT APPROVED)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
Fignut AZ, RZ, PP & ALT - 8 -
4. Police Department
5. Ada County Highway District
6. Nampa Meridian Irrigation District
7. Central District Health
C. Revised Legal Descriptions & Exhibit Maps
D. Required Findings from Unified Development Code
Fignut AZ, RZ, PP & ALT - 9 -
1. Vicinity Map
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Exhibit A - IZ -
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, 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 UDC11-3B-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 unless reviewed and approved through alternative compliance.
9. Display pads and storage yards are restricted from being located within any of the required
landscape buffers.
Exhibit B
SITE SPECIFIC REQUIREMENTS PRELIMINARY PLAT
1.2 The preliminary plat prepared by Munger Engineering, dated Dese~~ ~~~8(Jo June 11, 2009,
labeled PP-2 (attached in Exhibit A), 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 lin 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 99 June 11,
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 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 Road, Overland Road 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.
Exhibit B - 2 -
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.
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.
Z. 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
Exhibit B - 3 -
the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms.
The easement shall be graphically depicted on the plat for reference purposes. Submit an
executed easement (on the form available from Public Works), a legal description, which must
include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.5 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 final plat by the City Engineer.
2.6 All existing structures shall be removed prior to issuance of a CZC for the development.--e
.i.o f:.,.,i ~i.,. t,., rL.o rte:... ~~,~:~oo..
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.
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.
Exhibit B - 4 -
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.
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 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 afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
Exhibit B - 5 -
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.
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.
S. 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 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
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.
Exhibit B _ ~ _
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.
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 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.
Exhibit B - 6 -
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.
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 - 7 -
C. Revised Legal Descriptions and Exhibit Maps
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1ta~:tk•~ S 1{4';t,~' I g" 'µ,' ~b~t4 waial ftt~tN-trP~lA~ay lieu: lirr ~t 3asl3int~,` e~1~32~_tlYi I'~ci;
thsai~c lc.n•nt~; +aitl ktg,hiti~l-'t4'a~ Lax' ~ ~'<l'7)' ~S" 1'4` f,u ct ~l~sluncc. ~~f~~;,.33 ti:c'! rt, a
Cxraiki t~rb thr'~ia~~h tx~tarettarv «i' Park II tl(t .tiuhKl ~ i;t<m :;.~ °1}rr€ In f3c~nk ~d ;~; P';rgC N~(,tl_
r'+tla C'trunl}~ liu,x+rel;. Iitc Rl-:A1- PlN>4' I` {)!+' RF[:11'vi~(;
#I~^ncc 1 !~~'~''?'r" W ,th+ng lEx: ~'~nck-crly lx~uitcfary aid~~waisi ,utxti+~ Iaa>n fiat a dl+tzu~i-~ nl
+ffM,Mi i~rl:
itu-rxr letaattg .~~itl ?'dtrrldtt.~lp hk~urxlary'~i LMtl°37' ~f!° F' krc a clin[ancc of ,,i17,,~b Ica tt~
atte lvutli hnwrAorr}~ uf'fltC'~,^rtlt I~?i~f the Nterth 1~2si~iltx: 4truthG;tst !:'4e~fahc
.`*tttghcavl I -C,tl:ei~C'.4+:~:I~crn IA:
t'dlw~racc fJ ~iN~~~7 i' I ~.. E. ;zlurltL sa~C 9ckuth lx~tttidorq ie~l~ 2 tli.,t.ant,~c ~tif h~7q.~r(t Piet:
ilt~iirc ~ tYl--:1.:'.}~" I: l.sr a tliwtancc ~t'?17.i1tt ti.~t;
the-a~Cti ti 3? ?3't 7-` !~ R,r a t3iti-t;trt~e• ul ~i)-E_113 Ic~~:
tt-ur~r,• :``3 Y~r'~?x`r)r' N' Itsr a ilixt:xnc4 rrt"3N,.~; Iztiet ur u ryitrt~l ufcurvc tt~ tl>L nrtx,
tlt~^~au~ s~Fug said cun~r L.~ ll~r right 1i~t a cl~;t;tn;~c ul~?i1..~ 1 tiVa. su~+J cul~ti'e Piarmg tl r:xlttts
=eh?dst~dlU ti~~, a cotMral antllCeif _'•Id'`UX`+;a" .tnd a slxrrtl cJist~tnr~~ ~+I~6~-.~1i iccf Ixartnt!
1. I'iryewi, t 1>e~i~t i:ctxa I Ek~~a~etc~s~tiJ rStai,m-li '-lk-~ ~kr:- i
Exhibit C
7~"~ i.i I .. V~~ tta .r is,wt ~i9 1at3~~Crtt;
tthatar iti (rE7'3r)';$°' VV' Fier a ~list;utc~ rrl~ It!? +N,1 Britt w n tx,urt .,I~ctrrt~r Itr the I~ti;
1BR'tl~tr altrlt~ suiCl +•UY+~C to tftt, ~~k'f 9irr;t+Ji.•;tun4x. irB~?l9.(~ feet. said cur~•tr hattrtg;a raidiu,
4,i 2flf).()f- fiat, ;t a:E~rrtr:~t ;ittt;l~ c,1 4t l:~`1(j' atrtd a 4lkrrtl [~istanre i~l'~U.3El 14ty lurtrtng
"~ ?'r'?fP'~i'~ H' tct a txroyt irlt.urz;r:art:
iha,:ry,:u V K4`3,~' 1 l~' 4k' ti,r~ a cB~1;Utce s,8'2"7. ?;1 fc~.a tip ~r ltenrM ut~~urv~ to atk• lrfi:
tltw:n~e Uhinp! uricf 41rrv~' it> tlr~; I~t? ti+r a illst:vr~4 ttf ~ ~ 15 t`4tt, wzeiJ i:ui've Bray inr :i r:wlsu,
drl-K!),tttl B~~r1. ;r ,'crllral ~ns:l4 ui° i!9" ~ t' I K" .in[C ~i c`luuci 411alarw:r: 4sF?t).~h 1s:ct h~,rrrra~
tlrcvtr~ ^i 8~"i7'Itti'~ 1V' lirc v ditcutcx• trl~'?(i,~l{ !c~`t;
rBrr;t-Le ~ ~M`3?'?7" V4' lirl' a d:.~7;itk~ctr#~~?.U3 tort to Iha 12czrB I't,etu uf~t3ti-~artt~taa~.
s:erntautro~ M.ti? au-tx:.i uB~ I:nxl, nrn~r<rrt• Eaa~.
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Exhibit C - 2 -
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Exhibit C - 3 -
WAITE
ly. N. ?4 i{a
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:A iruc;i~l l~f l~ur.l leai:tttxl att Utr hlruldtt.:i! 1'~l {,I'SlCxxan !M, I.3N.. t{.ll:.. E3. M.. ~\t1a
$~taurtly'. ltlatK+. ~atxl l~tia~ ¢TatarC 1ratl.~.ul,~~ly~ {Icxrrih~Kd :~ f~ylkaav,~~:
C~critiblty~ltt:itt~; u.t tlt~ `Staullta~:~t urrttrr crl .,anti :ic~.Mt,rrt I N. fr{am ~a~ht4h llt~ titwilt 1 •-d it,t'tat*a
,ai aitl `+~lxan lac:ta~ 5 1±r1 -9=J.11'. 5k. ~6~t).I~'i !i_tt.
Ihrtn:r ~ fit)"d~l'IK" W akrrtt! kh~ Stattlh h~runt9~t'ytyC~aiig ~cxixyn i~ :atxl the +;{:ntcrlini•+:f
!:, Cttcrl;trt{d 12c1., diar,t dixt;ua{x• ui'~?ll.3i dial to 1!K RU::~L ~'Qllti"!" Uh' B~[~1'ti\INC:.
lFtitx;r luautrr;:, ,;tKl cuttrr(latr ~ !X)"f 5'-#?"` ~4° lnr ,t tli,~auacc ~i ~~?(i4.1A1 ii~~~t_
l1llhFCt: N k`t"-F=3' p 9w"" }•: tial ;I tllslutxY ul ~>.'ri+ll dct't !n ;! Ix~ux utt llu; l:atil txrundavti~ lad
+leat3 "•it'~'lxatt !~:
tlav°tur tti UU°.; i'~Y" ~ yll„ag s:eid Fast t~autFtl,tr} 11+r a ilt;kartct: <a! I!)h.~;
tha.aa~e ketti tng.ltt{l l::a:l huutxlury' t` tt9"yti.yU,• Vl` diar s ili:{tane~ ui i 33.7x di'~i:
thc~atur ~ ~4T"4rp~•dlt'~ W liar ~{ ll#rkun.:r{a(d(ata.-17 144t;
thtwit:~ !~ .+?"? *` ! ?" FI+ isar .t lttstarace {Fl I ta.?4 !{'l!:
Ita~•aac4 tai tt4f"2H'l17-' !'4 luu a daslaucr.al ?U.4'~ Iccl It+ ;, Ixnnk t,fcun'r ita lhr rt~ltt;
Ntr~a~4c akan~ stxl ~tuxc !,~ lfp.' right diir ~ t1i~Gua{;t•,~I'?tl a I ii-fit, uis1 ~urt~ dssti•an~ tl rtxlau,
taf?{kl.4H1 lCa.9, a <~I~iral urp~k of ?ti'tl',~{' ;'" watt! a clttx~tl tlisl;tltc4r lal~G{).tf 1'c~! ite:trret+~
M1i ?Q" 2:a+'> I" 4A` tta ,t ~xaut! rad~laanpycnt:
Ileuck~•i !V frtl`1~)`3S"' b4 liar a,litil.ttx:C„i'1tl?,9{7 Icr:k ua a fatnrrt {,d~turvc its tlac Icdl;
idorttli irk,ti~, still t:ur~~~ tc, tha: !~!t dur ~ tlr;l:tt~C ul' 7U,faG lilt. s,ticl t;ur+~r dtar tn~; a raclitt.ti
aat`"t)dt 41U tc{rt. a w'talU'ad;aste!Ik sa1~ _'t1"I~l':a6" mr~L a c#uatd.iislunc:c isl'71),311 decl la;utus~
~' 71f'~i,"i ~" yt,' ta, a ~naarat {at lrenerttd;
91y,.'lic:i `d >;v :.1' I " 1Y' liar a tlititur-c:~ ud 227.7 i,~t:! la, a faaactrot ,~d iua•l't; ls+ tht: 1~8,
l ~Pn.y~^ttA'~l,yi,[laxxrl'.lksu,nrut.~Ft:;atua-C(i2a-Ihxd~n~-i
Exhibit C - 4 -
~tk~'~xc ahur~ girl cur~~i to the trll tiararll~;JtbJU;t trf~~~.l:i liwt, suitE r=rlrrr: hato-g a ridiu_i
c,M"~CI).[N) Jecl, is reyttral ait~,k of iii""t3-12t" asrul s clr*oer! rtii~alh,~ rtf' 3t~ {t, tet~ bcuruN~
[18 t'' i ~) 111" 6.A~ ;
ltJ~tx:c by h~-1"~'(1~.. l4' lix a ~i~trat~ce ~rlrJf~.?t( t;~Gi;
1tYr~rt~c 'V t~"r~~'""' VI~ kt~ ~tli:~t:lilt'r' ~rl .r~,9t~ tt~cl la a FJlallli rS{t tltt E:uw I~ilttllrl:ll"y'r,l
Nuci; I[ [:`~ Sul,tiivt~uut :~ filnJ rtr 13~u+t~ Ra 11[ Pa~tts y.;fr{t. rlda ('aunty Rrcc~~tis:
rttr~c-a."e ~ Xtry1?'y.~•' k nlc~tl~ ~ui~ Eatit kx,unrhtr~• !iu to clislatn~r „1~~X-0.7 k Ezra tst ;r ~,u~J ,>n
itu"~Eaxtls Kitlotlet-~l~;a}~ liaJ~ <rl E'.. Ch~cr't:srxl 12c1.;
tl-e°nk~ ti (atY'I ;'~?'- I: liar a di,t:tnce ut 4K.4t1! lint (r6 Jt-+! 1t,ttJh txaWisi;uy ctl~!;ytid tirr;ta.m
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(hc.s~4 '~ ;9u :7.9'I~" I::akrtJ~ ;sit{ Srtullt Iw,urrclaYr'y !irt'.i rlr~ctavx:r t,tl ?'7.~lfi Ic~~t to thi•
~tF.r'il I'4flf`'I~ C?F lil-:(il`t!tiII~Ci.
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Exhibit C - 5 -
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Exhibit C - 6 -
yr a~ aro i snaa r
WAITS
land surveying, llc
,~.~~, ,,;~,{ . t
P \ ?436
1zt,zo`c r>escKll~-rl(~~v
FROti1 ((: to (1,
January fi. 2CH)'7
A parcel of land loratctil in the Southeast t'4 of-the Soutkscast 1 ~ of Sctidiun I ~, T.3?J„
R.1 E., F3.>`d., .~da County-, [tlaho, and heing nx~rc part irularly desrrihed as fr~Ibnrs:
C'ermmrnring at the ;~~uthcast uirnrr ofsaid Set~tion tM, fi•cam ~i-hich the .">uuth I/4 comer
ofsaiti Scrtie~n hears S t+~l' -1-3'l h.' W. 2fi.~9.(19 feet.
thence N OU'3I'^~3" E: along the Fast kst~utulary of said Section 18 and the rcntrrline oi'
1 stcuss Grovt RcL_ lift a distance of 997.01 Pert;
thcncr leering said houndary and crntcrline S k9"37'27" W lire a distance of 89.C>r) feet to
a pouit on the Wrst Right-of=lyay line of t..ocust Ciro=e Rd., bring the. RF,11. POItiT
C)F t3F:C:IKti1\C::
thence S'39" t7'~7" Ni fir a distanrc of 7~2~.09 feet:
thcncr S k<)'43' 1 ~" W along the South tmundary e~fthc N 112 t+f'the N 1." of the 5E 1 `4 of
the tiF. 14 ufsatd Section 18. tier a distance of x70.99 tact:
thence buying said South Ixxrodary !~ fk)'27'30" E fnr a distanrc ofRl _4? tu~-t to a (mint
on the South Right-ut=14';,y~ line of Interst,~tr R4;
thence along suit) Right-of-t4';~y line of Inicrst:ar tt4 fur the Colfv~~ ing ? ct~ur-sc~:
thcncr S g9"i3'3h" E fur a distance of 371.(12 fort:
thrncc S 83`'-#~' 17" E fur a disu-nce of 2tH).6~ fort;
thrncc S 59°34' 11" E fir u distance of 619.41 feet to a point on the \k'est Right-ot=Way
line eif'Lacu~s Grove Rd.;
thence S 02°~fi'f'" F along said Right-cat=Way line «f Locust Gro~c fur a distance of
4i.til I'rct to the REAL I't)1?~1"I' OI~ l3tGIT~NINC;; ~~p~lAly~~'`,~
r<~nsaining ! .bt) acres of land. mtart• c,r Irss. ~ 'U"
~`'~
Prepared hy: Todd K. \5'aise P.I..S. ~A~-p~-O~o
/_, Prc~tcce.~llgnm (sxx.e)'.[k+cumcnt~;f'ivliut-("CitcrtLdtse.Jve- 1 ~~ R•''~~^
Exhibit C - 7 -
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Exhibit C - S -
~NAITE
land surveying, Ile
'7111 iur~r~se R.Ern k.oacj, Suite )4C! Rc~iSe, I(~ 83Y(>>
203.547.3830 Tele 208.947 3829 Fax
I'.N. 2436
December 1 ! . 2CK)8
PROPOSED PIGNUT SUBDIVISION
A parcel of land heated in the Southeast I /4 of Section 18, T.3N., R. l E., B.M., Ada
County, Idaho, and being mare particularly described as follows:
C'orrunencing ai the Southeast wrner of said Section 18, from which the South 1!4 comer
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°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 RF,AL 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-oi=Way line N 29°02'44" W along the East boundary of said
subdivision for a distance of 584.73 feet to the Northeast comer 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-ot=Way line of Interstate 84 for the following 3 wurses:
thence S 89°33'36" E for a distance of 37L62 feet;
thence S 83°45' 17" E for a distance of 200.65 feet;
thence S 89°34'1 1" E for a distance of 619.41 feet to a point on the West Right-of=Way
line of Locust Grove Rd.;
C':tL~cuments and 5ettingsUvtariellc\My [krcumentslFignut (xxxx)\Qot;umentsV'ignutBndyDcsc.doc-I
Exhibit C - 9 -
thence S 02°26' 12" E abng said Right-of--Way line of Locust Grove Rd. for a distance of
45.81 feet;
thence leaving said Right-of--Way line S 89°37'27" 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 89°28'10" E for a distance of 7.18 feet;
thence continuing abng saicl 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.
C:U3ocumenta and SettingslMariellelMy llocumentxlPignut (xxxx)~DocumentsiFignutBndyDesc.dtx:-2
Exhibit C - 10 -
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Exhibit C
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. The Commission
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 i:he purpose statement;
The Commission 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;
The Commission 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,
The Commission 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 ll-SB-3.E).
The Commission 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, the Commission 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'itaff 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;
The Commission find:; 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 -~ -
district, specifically the purpose statement;
The Commission 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. The Commission
finds 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;
The Commission 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 writter.~ 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,
The Commission finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
e. The rezone is in the best interest of the City.
The Commission 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;
The Commission finds that the proposed plat is in substantial compliance with the
adopted Comprehensive Plan. The Commission 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;
The Commission 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, the Commission 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.)
Exhibit D _ 2 _
5. The development will not be detrimental to the public health, safety or general
welfare; and
The Commission 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.
The Commission is unaware of any natural, scenic, or historic features on this site.
Therefore, the Commission 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 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 may be damaged as development occurs
on the lots. In addition, th.e 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 airy 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 UL)C. 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 _