HomeMy WebLinkAboutFignutCITY OF MERIDIAN ~~E IDIAN~
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND I D A H O
DECISION & ORDER
In the Matter of Annexation of 15.07 Acres from RUT (Ada County) to C-G (General retail
and Service Commercial district) (6.5 acres) and I-L (Light Industrial) (8.57 acres);
Preliminary Plat Consisting of 7Non-residential Building Lots and 1 Common Lot on
approximately 16.87 acres in a proposed C-G and I-L Zone, Rezone of 1.69 Acres from C-
G to I-L and Alternative Compliance for the Landscaping Requirements Adjacent to a
Landscape Buffer Encumbered by an Easement within Fignut Subclivision, by Ronald Van
Auker Jr.
Case No(s). AZ-08-015, RZ-08-009, PP-08-012 and ALT-08-028
For the City Council Hearing Date of: June 23, 2009 (Findings on the July 7, 2009 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 23, 2009
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 23, 2009
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 23,
2009 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 23, 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-08-015, RZ-08-009, PP-08-012 and ALT-08-028
-1-
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.
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 Descriptions, Preliminary Plat, Development
Agreement and the Conditions of Approval all in the attached Staff Report for the hearing
date of June 23, 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 and Rezone request as evidenced by having
submitted the legal descriptions and exhibit maps, stamped and dated June 17, 2009 and
January 6, 2009 by Todd Waite, PLS, is hereby conditionally approved;
2. A Development Agreement is required with approval of the subject Annexation &
Zoning application and shall include the provisions noted in the attached Staff Report
for the hearing date of June 23, 2009, incorporated by reference.
3. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated June 11, 2009 is hereby conditionally approved; and,
4. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of June 23, 2009 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to obtain the city
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-08-015, RZ-08-009, PP-08-012 and ALT-08-028
-2-
engineer's signature on the final plat within two (2) years of the approval of the
preliminary plat or one (1) year of the combined preliminary and final plat or short plat.
In the event that the development of the preliminary plat is made in successive phases
in an orderly and reasonable manner, and conforms substantially to the approved
preliminary plat, such segments, if submitted within successive intervals of eighteen
(18) months, maybe considered for final approval without resubmission for
preliminary plat approval. Upon written request and filed by the applicant prior to the
termination of the period in accord with 11-6B-7.A, the Director may authorize a single
extension of time to record the final plat not to exceed eighteen (18) months. Additional
time extensions up to eighteen (18) months as determined and approved by the City
Council maybe granted. With all extensions, the Director or City Council may require
the preliminary plat, combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11. If the above timetable is not met
and the applicant does not receive a time extension, the property shall be required to go
through the platting procedure again.
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after-the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of June 23, 2009. ~ ~ J_ ,
By action of the City Council at its regular meeting held on the `~"" day of
2009.
COUNCIL MEMBER DAVID ZAREMBA VOTED 1Jko`
COUNCIL MEMBER BRAD HOAGLUN VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-08-015, RZ-08-009, PP-08-012 and ALT-08-028
-3-
MAYOR TAMMY de WEERD
(TIE BREAKER)
~2~
Mayor T
Attest: `~y,,~, ~~,®~ ~~.
~y
~cee I-~man, Cily Clerl~ C~~i;~j~
~`~
Copy served upon Applicant'P T•ts~ ~ ~
~'%,,~~~UiV~ ;~~
Attorney. ++nrn „+~~
VOTED
Weerd
Public Works Department and City
By: Dated: ~ 2 '~~
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-08-015, RZ-08-009, PP-OS-012 and ALT-08-028
-4-
STAFF REPORT
Hearing Date: June 23, 2009
(Continued from April 14 and 28,
May 26 & June 9)
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
E IDIAN-
~~~~
SUBJECT: AZ-08-015, RZ-08-009, PP-08-012 & ALT-08-028 - 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 landscape plan to use drought tolerant plants 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 1 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 7 lots 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. nth 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-08-027) 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 5th Commission hearing are in bold, italics and underline format below.
1.5UMMARY 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)
(-~2:AS 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 b 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.
Fignut AZ, RZ, PP & ALT - 1 -
2. SUNIlVIARY RECOMMENDATION
Staff is recommending approval of the proposed development with the Development Agreement
provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of
the Staff Report. 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 subject 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. Kev 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 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 adiacent 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 Corn of Engineers with final plat submittal.
.~
~. 1n savor: Icon van Auxer ~r.
l'i. In opnosition: None
~, Commenting: Mike BaLI
aY, Written tes 'mony: None
~ Staff presenting annlication: Bill Parsons
Ya. Other staff commenting on annlication: Pete Friedman,j~yle Radek
1L Key Issues of Discussion by Council:
L Access between the Maverick lLalLerll' and Lot 1, Block 2.
~. The condition the applicant comely with the flood plain regulations and the Army Corn
Engineers and Idaho Denartment of Water Resources requirements regarding the
~ tiling of Nine Mile Creek.
Kev Council Changes to Staff/Commission Recommendation
Fignut AZ, RZ, PP & ALT - 2 -
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.)
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 1/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 April 6, 2009 (Council)
Fignut AZ, RZ, PP & ALT - 3 -
d. Radius notices mailed to properties within 300 feet on: January 30, 2009 (Commission); March
19, 2009 (Council)
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.
1. North: Interstate I-84
2. South: Single-family Residential (Sportsman Pointe Subdivision) and Maverick C-store,
zoned R-4 and C-C
3. West: Pack It Up Subdivision, Child Care Center and Church, zoned C-G and L-O
4. East: Vacant Land; zoned I-L and C-G
c. History of Previous Actions: A portion of the Lot 1, Block 2 of the proposed plat was
annexed and zoned C-G in 2006.
d. Utilities:
1. Public Works
a. Location of sewer: E Overland Road.
b. Location of water: E Overland Road and S Locust Grove Rd
c.Issues or concerns: None
e. Physical Features:
1. Canals/Ditches Irrigation: The Nine Mile Creek transverses the western property
boundary and is currently tiled.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: A 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 westenn 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,
Fignut AZ, RZ, PP & ALT - 4 -
up to 200,000 square feet ofnon-residential building area and residential densities of 3 to 15 dwelling
units to the acre.
At this time, the applicant has no vision for how the site may develop. The majority of the site
(approximately 13.7 acres) is proposed to be zoned I-L and the remaining acreage is proposed for C-G
zoning. Staff believes the requested zoning allows for a mix of uses in the area and the commercially
zoned lots fronting on Overland Road and Locust Grove Road may develop with support uses to
complement the industrial uses that may develop in the area. Staff finds the application is generally
consistent with the Mixed Use-Community land use designation.
Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends,
desirable goals and objectives, or desirable future situations for each planning component." Staff has
reviewed the subject CPA, AZ and PP applications and offers the analysis and recommendations
contained herein for the Commission and Council's consideration (Staff analysis in italics):
Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
The City of Meridian plans to provide municipal services to the subject property in the following
manner:
- Sanitary sewer and water service will be extended to the project at the developer's expense.
- The subject lands currently lie within the jurisdiction of the Meridian City Fire Department,
who currently shares resource and personnel with the Meridian Rural Fire Department.
- The subject lands currently lie within the jurisdiction of the Meridian Police Department
(MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACfID). This service will not change.
- The subject lands are currently serviced by the Meridian School District No. 2. This service
will not change.
- The subject lands are currently serviced by the Meridian Library District. This service will
not change and the Meridian Library District should suffer no revenue loss as a result of the
subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
"Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV,
Objective D, Action item 2)
On the preliminary plat, the Applicant is proposing to construct a 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 ACFID are supportive of the street lay-out and both access
points.
"Require appropriate landscape and street buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.):' (Chapter VII, Goal IV, Objective D, Action item 4)
The applicant is responsible for installing a 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.
Fignut AZ, RZ, PP & ALT - 5 -
• "Permit new ...commercial development only where urban services can be reasonably provided
at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I,
Obj. A, #6)
This parcel is contiguous to the city limits. Sanitary sewer and water are available to the
proposed development.
• "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII,
Goal 1, Objective B)
Staff believes that the proposed zoning districts (C-G and I-L) permits a variety of uses and
should compliment the mix of uses in the area which include: church, daycare, office and
convenience store.
• Chapter VII, Goal I, Objective E (page 111) -Establish industrial areas to meet the employment
needs of the City of Meridian.
Staff believes this area is appropriate for industrial uses based on the existing road network,
proximity to I-84 and compatibility with existing industrial and commercial uses surrounding the
property.
Staff recommends that the Commission rely on any verbal or written testimony that may be provided at
the public hearing when determining if the applicant's development request is appropriate for this
property.
8. UNIFIED DEVELOPMENT CODE
a. Allowed Uses:
Commercial: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the
C-G zoning district. The applicant does not have a specific use identified for the proposed C-G
zoned lots. Future development of these lots shall conform to the permitted, accessory and
conditional uses of the zoning district as outlined in the UDC.
Industrial Districts: UDC Table 11-2C-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.
2. Landscaping: (See dimensional standards above)
• Width of street buffer(s): 50 feet adjacent to I-84; 25 feet adjacent to E. Overland
Road, a principal arterial street; 25 feet adjacent to S. Locust Grove Road, a
Fignut AZ, RZ, PP & ALT - 6 -
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 15.07 acres from the RUT zoning district
in Ada County to the C-G and I-L zoning districts in the City. All of the property is currently
designated on the Comprehensive Plan Future Land Use Map as Mixed Use-Community.
Concurrently, a long narrow 1.69 acre parcel along I-84 is proposed to be rezoned from a C-G
zone to an I-L zone. Although the applicant is not proposing any specific uses, staff believes the
proposed zoning districts allow the necessary flexibility to develop a cohesive mixed used
development. Staff finds the proposed annexation and rezone request consistent with the Mixed
Use-Community land use designation.
PP Application:
Plat Design --The proposed preliminary plat would create g 7 buildable lots and 1 common lot on
approximately 16.78 acres of land. ewe Four of the lots are proposed to be zoned C-G and
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 ACFID 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
locaUcommercial streets to provide connectivity with the abutting arterial streets. Because this
street section will probably be classified as a locaUcommercial street, future access will be taken
from said street in accordance with the UDC. Further, the applicant is proposing a 54-foot access
easement along western edge of the cul-de-sac/property boundary which provides connectivity
with Lot 2, Block 1 of the Pack It Up Subdivision. Staff is also recommending additional cross
access between Lot 1, Block 2 on the proposed plat and the Maverick store at the southern
property boundary to allow access to E. Bird Dog Drive as these two lots share aright-in/right-
out only access to Locust Grove. Cross access shall be provided as described above via a note on
the recorded final plat or a separate recorded agreement at the time of final plat submittal.
Landscape Plan: The applicant submitted a landscape plan with this application submittal. The
purpose of the plan is only to illustrate the streetscape buffers required for the proposed
subdivision. The UDC requires a 50-foot wide landscape buffer adjacent to I-84; a 25-foot wide
landscape buffer adjacent to Locust Grove Road and Overland Road and a 10-foot wide
Fignut AZ, RZ, PP & ALT - 7 -
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. 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' i'~ 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, ACHD has a 20-foot drainage easement that
parallels the irrigation easement and connects to ACRD detention pond site west of lot 2 of Block
1. These easements do not allow for trees to be planted in them.
As an alternative to not planting the required 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 lam-drought tolerant native grasses, 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. In addition, the applicant has approximately a quarter mile of
frontage along I-84. Therefore, staff believes there is an undue hardship on the applicant
particularly since the applicant does not have any end users who want to develop in the area.
Staff is supportive of both the applicant's request and approves ALT-08-02~$ 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.
Fignut AZ, RZ, PP & ALT - 8 -
Development Agreement (DA): UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City
the authority to require a property owner to enter into a Development Agreement (DA) with the
City that may require some written commitment for all future uses. Staff believes that a DA is
necessary to ensure that this property is developed in a fashion that is consistent with the
comprehensive plan and does not negatively impact nearby properties. If the Commission or
Council feel that additional development agreement provisions are necessary, staff recommends a
clear outline of the commitments of the developer being required.
Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the
developer. The DA shall incorporate the provisions listed in Exhibit B of the Staff Report
and be approved by the Council within 12 months. Please be advised a $303.00 fee will
required to process the development agreement.
10. E~~ITS
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: ^'^' "moo; 6-11-2009
6. Elevations (NOT APPROVED)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Ada County Highway District
6. Nampa Meridian Irrigation District
7. Central District Health
C. Revised Legal Descriptions & Exhibit Maps
D. Required Findings from Unified Development Code
Fignut AZ,1tZ, PP & ALT - 9 -
1. Vicinity Map
!9151-I,
~` SITE
--
I-L
1 goo ~,
' 1.-~
asoo
~
~~~ --____, ~
X500 1100 1230
N
1p~ p p N ~~ ~ M ~ 1620
8
~ .
-
" "
°' .
1648 7
O~
W
~. !
~ ~` c ~ ~
$ a~ u,
.o
-4 .- i. ~
d 1664
1,
.024 G
~
~ N ^ .N
- ^ j9
~ 92
016 1708 7a36 ~?~~ 1384 106
B ~ ~
1p 1732 1731 1728
I-L
1301 ~'-
1
~~
a
~ __
- -
-
1495 .
~
'. ~
.. ~ 1760
•.- ;. `~ C-fi
154Q
~.- '
~:
- -
/v
~ '4 ~
~ _ f
T.4
37 ~b~
~
by0` 1 1695
L-QI ~-~
66j. i670
1689 1700 ~`
1725 1728
- ~ _ 1126 1085
~ 1120 =~
~ ~
~ 1140
1311 ~ 1303 1
Rj 1155
11ao ~
tNTER57ATE 84
{NTERSl'ATE 84
- - <; ~ ...
1495
1250
C-G
~t274 1322
Exhibit A - 1 -
2. Annexation Boundary
15bc
I-L
~ 7ao C-G
150(
v~
~Oq6 c c '°" '00^ ~ M ~ 1620 f
~~, .. N s 1648 l ~63~ / h~' _- _ 1695 j ,
3. Preliminary Plat Boundary
INTERSTATEB I~L""J~ T
INT
__ _ _ ~ ~~~
1300 ~\
~ y `
L-(J
1500
i
1250 RUT
!, _ C-G
1500 1230 - _
1100 ~ ', 1274 1322 1540
-- E OVERt;ai1D RD -- -C-C,,,
N ~ O
~~ ~
X096 0 S !~=' "' ~ M N 1620 ~ ~g'b t C7
p 1648 163j ^ gip, 1695 ~_
.A~ a ~ W
~ o .~~- ~ ~ °~ "' -4 .- n 1664 s'O ~ti L-0 U
1024 c r N r M M ~3~9 7661 16>n L ~~
Exhibit A - 6 -
4. Revised Preliminary Plat
Exhibit A - 7 -
5. Revised Landscape Plan
~ tfVTERSTATE 84
--------- >s""m~°
--•
-~~~
fTOfY fATff '
I ~
\ ( ~~i I
-
i '
1
~
\\ ' '
w
'
l`\ 1 ~ '
O 1 ~
(
__raa~s®rLa _ --
- -- -- ----------------
r------- ~4T L-0
~ ~'
~ ~ i 0
I
>
,
I I
,`
~ LAAE PLANtl~ "
PLAert .~ ~+
„
,
~ ~
~~
..
~
~i:
.®
..,
~
•
~
..
~
Via..,.. rti,
a .~~a~,t MM ~
m o•e
_ ~ ~~
Mt+.ll~p4• s rtltiF1e11~a.~ m~ #
leap ,w ~ Pddr~
~~{{~apg_~g
.Y r~llr.r.. wLPa1o w a~~
~/'
~ tl~~
ENGINEEIZINC3
INC
f 1=1C~[U78UBDIVISIGV
.
.
,
neA.sm acw-P~¢+9-o®TOi.OfY arOq fl®LP'~A7 PLAT
I
r-------±---- ~~~ -- -------------
I ~ O
t
o I '~'`
~` { ~ I'
0
, ~
~
~~
- n
~.
~:
~~ ~
i
~~
.
'~ ~`
---~
uYPa•rrao
-~ ~ i
~- -
i
L =~~w
w
----;--- --=- I~ -- ~~ r--- -~ --~ ere ~
LJI[ PLAN ~«~ e~ ~,~~~~
~ENGINEEliING, INC. PICrIVU7 BUBDIVI®ION ~ .~
wur~rawn.wcw-wacmwe-a,w rwao.. aoo..x~ _ _ -
•-
Exhibit A - 8 -
6. Elevations (NOT APPROVED)
EAST ELEYA'I408V
WEBT ELEVA7f~i
B~a b 2
Exhibit A _ 9 _
.., .
i i ei gig ~ y pia pia i i
r~~-tea=-~
~r
~s ,.~
"°, ...W __..~.
Exhibit A - 10 -
@AST BEYATDN
~-
~ww.~oaom...s-
~w~m
iaomie~..
~ ,wu ~~
I~i7H QE1/AT~1 80UTH aEVA7~N
WEST t1EVA7gN
Exhibit A - 11 -
PP
Q ac
Exhibit A - 12 -
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 ACRD standards.
7. The applicant shall construct the 50-foot wide landscape street buffer and the 10-foot wide
landscape street buffer adjacent to E. Bird Dog Drive and the east side of S. Fignut Way at
the time of lot development as approved with ALT-08-028. The 25-foot wide landscape
buffers adjacent to Locust Grove, 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-08-028.
8. ,
With future development of Lot 2. Block 1. the applicant shall construct a 25-foot wide
1 dscape buffer adiacent to the southern boundarv approved by ALT-08-028.
Exhibit B - 1 -
9 Display pads and storage yards are restricted from being located within any of the required
landscape buffers.
10. Prior to Final Plat approval, the applicant shall provide the Planning Department with conies
of any Hermits or approvals from the Armv Corn of Engineers and Idaho Department of
Water Resources related to the tiling of Nine Mile Creek.
SITE SPECIFIC REQUIItEMENTS-PRELIMINARY PLAT
1.2 The preliminary plat prepared by Munger Engineering, dated T'°^°-~~°~ ~,'""e 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 1 in the Pack
It Up Subdivision as proposed on the plat and provide cross access between Lot 1, Block
2 and the Maverick C-store to allow access to E. Bird Dog Drive and share the right-
in/right-out only access point to Locust Grove Road. Said easements shall be recorded via
a separated recorded document or a note on the final plat.
E. Bird Dog Drive and S. Fignut Way shall be constructed as proposed in accordance
with ACRD 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 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-08-028. 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 fmal plat. Landscape installation shall be in accordance with UDC11-3B-7 and ALT-
08-028.
.~,;.,. r rr,r , , ~~ " ^.,a n T m no rn~ With future development of Lot 2. Block 1, the
a licant shall construct a 25-foot wide landscape buffer adiacent to the south
boundary aHHroved by ALT-08-028.
• 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 REQUIltEMENTS-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.
Exhibit B - 2 -
1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface
or well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer. An underground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 and MCC 9-1-28.
1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application.
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 Staffs failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.3.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing,
pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat.
1.3.10 .All development improvements including water, sewer, fencing, landscaping, amenities and
pressurized irrigation shall be installed and approved prior to obtaining Certificates of
Occupancy.
1.3.11 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
2. PUBLIC WORK5 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
Exhibit B - 3 -
Overland Road. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
2.3 'The Applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms.
The easement shall be graphically depicted on the plat for reference purposes. Submit an
executed easement (on the form available from Public Works), a legal description, which must
include the area of the easement (marked EXHIBIT A) and an 81 /2" x 11" map with bearings and
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.
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.
Exhibit B - 4 -
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to obtaining certificates of
occupancy.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation.
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.
Exhibit B - 4 -
3.2 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.7 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.8 There shall be a fire hydrant within 100' of all fire department connections.
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 COMIVIERCIAL 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.
Exhibit B - 7 -
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.
5.4 Construct the Bird Dog Drive to intersect Locust Grove Road located approximately 500-feet
north of Overland Road (measured centerline to centerline).
5.5 Construct the Fignut Way to intersect Overland Road located approximately 600-feet west of
Locust Grove Road (measured centerline to centerline).
5.6 Construct Bird Dog Drive and Fignut Way as 40-foot commerciaUindustrial street sections with
vertical curb, gutter, and 5-foot wide attached concrete sidewalk on both sides.
5.7 Other than access specifically approved with this application, direct lot access to Locust Grove
Road and Overland Road is prohibited, and shall be noted on the final plat.
5.8 Comply with all Standard Conditions of Approval.
5.2 Standard Conditions of Approval
5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
5.2.2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of--way.
5.2.3. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
5.2.4. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5.2.5. Comply with the District's Tree Planter Policy.
5.2.6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
5.2.7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
5.2.8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
5.2.9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
5.2.10. Payment of applicable road impact fees is required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
Exhibit B - 6 -
5.2.11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
5.2.12. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
5.1.13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
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 _ ~ _
C. Revised Legal Descriptions and Exhibit Maps
~~ SUif'tl~~if'T~, ll~
,'9[ ~ alr~lr<: kJlat F:,:r~,:L Sulte ~,i~~ Fk~l:c, ILT ~~~
~?~~I~ ~:t7. ~~ r~l~. tt~+.5a4`? 3t3~~ Fix
p.ld. ~~I~G
[ane 19. ?tlt~9
~a~la~ ~l~etl~rc>~la ~a
A nnr~l flaf Bsnd It•eC;laet_t iaT tine `~ea4lttl~a+t la4 ael°~ea°tken 1 H, T,3~J., ~, I E. Et,M.. a{da
d'i~tettty. Islxatau, and tu;tct~ taugr~ p:art~.ttlarly ~~urib~ ~o terllmws;
~c~attatt~ut~ingt tU ttac Saee~thel,~et ~n• fl-rt'suiel5'ti°6thrae 1 N, tii~ar[y wrhiclt Seauth 9 R'3 w-ort~,~
esf ~tid ~ct~Tn ta~rx $ #s~~=1.4' I $" QV, ?t>p19,~4 fs~.
thctte:~ 5 S9G.~7' IK" 1~' aluttt; uatr ~tta[h Fxetttt~atey a~f~aid Sea:tusTn 1 ~ prtel the ~eett~rlitte cal'
~. t.)t~r~rlttt~l Ili~l., ii+r a di~t;tt3~e' [a f 43[6. ~ 1 ft~t:
iltcaa~x I~~~utp, said buufadat'~ at~t cent~lirte N 16[t°1 ~'° V~ f[or n tlietau [®f~}B.OtD iyaet
Cu Ct taQlflat t-fl tlk: IVl>atll B{BT~•+B'Itib~-~tH~~ Bitty each.. (7w~•latld Re1.:
Ihu~t; S il+d"~~" 1 s" ~' nlcara~; :said Bii,~ltt-caf 14~~}+ litre Misr a Ji~lat tit ?27.~ Ptxr
tlaaa!!lka: kar'Btt~ gal Ite~,htwTf r~'gy tine laB ?9~'U3'+I.1'° tH fir a dtatitttcc al°511.73 ra a
p+.Tattt oft ti» i~letth Ix~ttlrodaTrv `Tf Pates [t tllt Stthdiwts~n tiled ~ Sfl~nk Al4 at 6'~e 5i?Idat}.
A~Gt E'a.`[~ttly f$cs4t+rda~. tlae READ 11'~ilV'1' ®F 116ECIIt1~11fifR°.,
thfl.'tts:e N ta3s¢Z3`?~" 4'V akat +~ the hleastttrrl~r t~rttucl;ery ofsaid sflttxtivl~tten ~vr a elistatl aal"
:tfa~.lii lest:
thetts*~ l~atv[n~; u~irJ Narthrrly hattnclary 1>l l>+13°~7' ~{I« ~ li-r a dist:thse of ?fl17. li2~t tea
ttte Sc+uth latrtntatpry C-t'ms 11kTdh I•? aafttac NtTR4 lag lrot'tlri' Si>ttttte~,$t la~l flit tl~x
:tcieuhLt f ?•4 of sPnid Ss~.:ttrcaa l ~;
dace Al 3t~`.A3.1 A°" E mt[rn~ ~ahf SflTUth Ue-tmfltar~ €rir a aiLarawt~e cif 59U.tah Wit:
Il~tsnce 5 '~13"42" L` fnr a di~~t,anee ot?i7.{69 Fe~i;
thtmacc ,~+ 3?"73' B ;~" ~ ~i+r rs [ti~7.iot~ oY3~11,1?~ ~c~;
thL'[tcx ~ l~3'''Ltd`gt?" w~' IOt's d~.4tiY11L`L'~61t~B5).~',b tC4°t t$t d! IX1pf6t C31~CttrYf:' tOlhe ngtotm
tl~u:s ~k[n~ avid `wove to the rl~ht tiar d et~tt Ctf x4.31 ka:t. saial euty~ ha~~ttt~ a ~
~Tt`~t3t}.11t11cx°t. ~ tt~tttr€[1 aaagi~ of ?{6°Utt°~?" atttl a cl~atl di~tatttv~„ al't~,~~ feet trtT~g
+~;~}'~e~v:+x~}~~~ee~e 9xzxxl~I:Haeme[n~~c~uiuca~•L12-9auw:.da~• I
Exhibit C - 1 -
N 74~"tea°51" ~te~ ~ ~t~t att't~~v:ai;
Ltta~t~ AI la+~°I~f'3.~~•° W far u eti.4l~nte,~ tAt° Ifl'?_+3+1 IcaYt to n ~.vig7 acJ"~~~,~,~ to the' G:N;
tltc~st~r ttleat ~ttid a~trx~~ M+a tlae; left tier ~ cl.~tatt~a eaf 7t1.5b tit, spiel a~~ Itavttti~ ~ ~adiusa
e~t'26)~.bt! Pcet• a a:c~atr~l ~tt~,le ~f 2U~14'~~i°' amt ~ d~Fd ~di~taness uP`8(1.311 l~areng
tl 7~'~6'33'° 14'tta a ~frreetl of°t ~ '
tla4.et~e N ~9~i~' I -" ~a' twat a d~tautctr erP?:'7,'d~ tint tca ae ~vti~t etf uaat®re tea tNr Ictl;
Iha7ad`e s~in~ ,.:tid wrvg to th4 f~tl taat`a di;~tarwa: caf 143. l5 fec~.. 1 cur~+a; havm~ m rt-diaets
oPROt< P-~P ~ a~ut~trett att~i~ eaf 3~"~3' 18" ttt'ul ~ 4~~ dt~ta[c~ta t~l'~.+4Ci ~C b~tttg
tlt~tee• t«t di~"4i'd9S`" y~P fair a tlast:~aaex cal'~.2~ fc~i;
tln°elil' N (?t?° a?`~`d"' ~4{ #IxP :9 dtRgt4t&4~' flf~7.t}~ ft;C:i lta tlbP ]~t"S/I I'ClOtll Oaf $111i9Yt1,~",
axatatstantatg R.57 aaar~ ral' L~taei, rtwarce~~ Eeea.
Nrrtxt b~'I"~4d R. '4Vatte. 1'.L.S.
!_°~l'ngcsf~N~i~,aau1 I.xcxrYJ~~am~~n>B4Fa~u~eat•tl ~=IJ.aA~-~
Exhibit C - 2 -
"~
4~
4a
a
9
r
b
e
y, ~
~~8
~._
®.A ~
im b t
da
co!
4v~
t aan
a
a
~~
~~
'~
~e
1
vra ati~ao ~ld~~y
~t
v
~~ ~ Y
~B~} a
Y ~ ~ °:}
~
J ~ r
~~
a
~
/- i e
f
W
~
''
~
~ y
i" .~
~nr °~"
y r-
Er .
~:.
c
fs° °'
.~. , ~
N-.
ri
~lli
~ ~~
f
~ s ~ ~~
~C
N
6~
~~
Exhibit C _ 3 _
WAITE
~ant# 5urv~~yir~g, ~~~
_'dt~s ~u~~aa ~: kiera Asw.1 '~aaite ~~iia ~t3~. 11'~ b~*iltik
~c~ ~1~.~.~~ Felt act 9~0' 3F#?'t rjx
~aca~l~ t~st~~e~t'or~ #2
zcrlw~: ~ c:-~
x~a~ I ~, ~~r~
:0. ryau+ac:l of lawl to~:exe~! in tl>r ~uuthc~t 1~~ oFdun 1~® ~'.3d4., f~.lla.. ~.M., Aalti
i°nteBCt~. IalalrQra ~d lxcac~g ~orc lsaft.~ularly cla°bed ~ fiwlbxv~~
t`c~nitxx~:116afl~ ai tl>a« S~utheastt uurrta~ uf~aid 5c+uttun i tl. faxvm which [hc; Sw.tiuttt 1 ~'~# caamcsr
a~rf~~rj ~e+s~eean tears ~ tS!~"4~'IR'° VW, 3ft~'~.f14 fad,
thun:e S >'l'~~1' 1 tk" W atlc-ne ih~ Sa`-u119 tt~tptd~ of e~ia! ~n I It the axs-terline col•
~, C~aaa~;-rul ltt1., fnr a dist~uxx nF~3~D.31 tesrt to the RLAL PA1]'~ ~F' ~t~G>9lVhlING.
dta~ le~m-e~ tee{! cwRt~rline I+Q fJil~' I S'~t~'" 8iaa a ali~ta of 26~4.(td~ +1'e~t:
tl N $~4~' I i+°" E fixr as d9~tst~e s~f42..~,91i f tar a pxiuxt un the E~ b~acnd~rry of
xtaiid ~'vt~n ld3;
tlxagxer hl pti+i'11 °53" E ~kaaxg old Ear.1 b~runtlary fiYt' a distacuce a f 1 tlti.S:e;
tha~aec t~aviaxg Fiat F..7r~t Cxvte~rt+ t~ 119°~R"~" 'kAi tixr a dista~ndtiv: of 1 ?3,78 tip,:
thenW~ N ~,2~'19''~R" ~ io~r ~ clist~recxui~![~.~t7 tdeet:
tlxo~cc N 3?°~,1 ° 1 ~" 4t<! 1'ue ;~ diatwtts~ ttif 1 C~,FS Fed:
t/x~1c4 Pd t{9'~3tt"t}'T'` +~,' 1ur u disia3na:e `~t'?9_~~ t~ to ~ poUtY art`ctar-Fe to the ri~txt:
tlxc~aer Mang s~ial a.~eevc n~ tl~ ra~;tat fnr as di,~nax atif?C1,3! tL`et. paid caxra~e taa~•inFt a ra~tliaa~
c-t"?t~.tltt , a ~~ttraJ ~tt~l4 ar f° ~{I"i~~'~?" ems! ~ cl~sar! d~t~r~e cxf~.9S fca~t 6ent°iroa
d~°afi'~1 °` 14~ taa ¢~ ~caatU erl`ttata~wrt:
tftaeexee N 6+1m19'35" ~4+ liaa' a algataa c-f 1 G?.~9 fe~'t to a Iwieat eaf sec. xa, the !c$:
th~ue alnax~ ~aiai i~rve ter glu: 1cll fur a ati~tua~: ~t'?t3.6G t6~H, x:eixl curve Fxut~'n~ as raQlia.~
aaf?tHt.tltl'tcax, a ~attt°al ;xaegoe of ?tr°1~'~4Fs' a~m1 ~ ret>arsl di~statxi'a;+at~dJ,3~`1 f~.t ha~.-rnx,~
IN 7N°r(r'33°` W,4 tiT t9 lxCelxtt a-f [altx,~ltt:
tt~x~ t~I #9"34' 1 i" 1~t•' tier ae il"etaeatce of 327'.?~ ta~,°t tt? 5 txxexxt aa!'+'c t~. thc: Ir~R:
f_:~J'nyecL~+9°i~ut 9x!~aatxl`.ta:~~~r~e~~I~e,~ttra-C'GZu-I]+.:~.d4a- ~
Exhibit C - 4 -
Ila.ttu a-a-rt~ sou! -.urrr~ tqr t}~ trll, ltsrntt~;ttr uft~3,1 i fiv.w, suic! c~u+~~ h;tr~tng m r~-9iu~
of ttt~.ttCP fit, at cc~ttrul ~ caf S~'33'111° artsl as ~rc-rtl dii~ arf ~9,~tt t~ h~~ru,
th6^ni:~ !v R~~S~`U~" W for n +~tcc eafCJ6?K t+~et;
tt~r~ ?V t-M'~"2'?7'° i~' liar ~ dim~tatn~^e c-f3~.f11 teal to ~ gittiurt i-rt the t=,at~1 t~rtenalury e~f
f'~c9t It Ut- Suhdiv~tt-ar ~ til~tt in [~rtrok P&,1 nt Pine ~3tdfl..au~, C'nuntp R~xrd~
th~.rox:e ~ '~~~~`" E ¢rltart~ tit! Estst t-crtm-~ttry &tr a d~t~tca: trf:~it4.7~ mat gar a ~ruti a-er
the ~~h tti~lt4-arf~1~'ap litre: atif ~. d~~c~lm~eti i~ci.;
tl~iraa: S f~°15'4?~ E tur u il~t~e u l'~#8,tpi feet tv~ It-c Sai~tr laeretndaty~ ot's~ticl Secta-tt
18;
tttcq-ce N ~9"d$' l;3" E ulerra~ s~titl Si-uth I.xrrttral faro ~L~dtmns:e t,i`2?7.4rtB FiYy ic- the
~!?At~ 1't~IfVT (9F t~EtilN)`llt~G,
+~rtttarrtrtr~ G.56J €w~ra°~ arl`E,u>el; ettarrc ®r !.
1'raapstr-etl by: 'fa~alcl [t. l4tuNte. I'.l..S.
~ r~
JUG ~ 7~
~,
w~Rl~s ~~
d.:'~J~t.~ax't;c'.F'~~ut BxxYxr9ka;~am~ne~9~i~nu--C'[i2o-[1~,ak~.3
Exhibit C _ g _
~~
'ill ~ASM4 [SAlO®f
4
~ [
~ ~ ~
J _~y
d + ~`
Y t` YC'
a 1
r ~
,~~a
~~
~~
m i .~~
40
K p'w~
@ !~~ i
.yam, ~
k 1
d
J.
;, ~ - -
=a: ~
$4-
4~~
'~ ~ B
c~
•oa
q p.o
~n
:~®
!~
~a
' q
M
I
~~ ~
~~
~
~ =J
~~ ~
i.
'
~9
~~~```~~~ E"` JS
~-
~
~~'"
~~
` v fir!
® i
~ ~ ~~'3
u
~~
s
.
. ~ P
~
y
4_7 ~
~~ ~ aF
~ ~ ~`~.
l~ r ..,
~ I,~ f;
5-. ~- i
Exhibit C - 6 -
Ind suweying, I1c
a~ic- suo~ wm ~~. S«~ a~~ ~~, to r~rc~
cC~.943.3B~Ct Te{e. ~C~S.H47'.a'829 Fix
A.N. 2436
January 6, ZOD9
REZONE QESCRIPTiON
FROlt1 CG to [L
A parcel of laml located in the Souuheast 1J4 of the Southeast 1!4 of Seetiem 18, T.3N..
R.1 E., B.M., Ada County, Idaho, and being mere partieutarty descn3~d as fal~~vs:
Commencing at the .~t it~h~tst onrner of said Section t8, tiom ~vhieh the South lJ4 cc7rner
ofsaid Section beam S 89°44'18" W, 2699.09 feet.
thence N 00°31'53" E along the East boundary ofsaid Section !8 and the centerline of
Locust Grove Rd., fi-r a dislanee of 997.01 fet~t;
thence leaving said bowtdary and centerline S 893'D'27°' W for a distance of 89.09 feet to
a point on the West Right-of-Wap line of L:nc:ust Grove Rd., being the REAL POINT
OF BEGINNING;
thence S 8937'27" W for a distance of322.09 feet;
thence S 89°43' 12" W along the Sauth boundary of the Alt!? of the N 12 ofthe SE1!4 o'f
the SE 1 J4 of said Section 18, for a disstanee of 870.99 fca;
thc~tce leaving said South boundary N 00°27'30" E for a distance o€R i.47 feet to a poini
on the South Right-of--Way line of interstate 84;
thExtce along said Riglit-of--Way line of Interstate 84 fur the following 3 courses:
thence S 89°33'36" E for a distance of 371.62 feet;
thence S 83°45' 17" E for a distance of 200.65 feet;
thence S 5934' 11" E for a distance of 619.41 feet to a point on the West Right-oF Way
fine of locust Grove Rd.;
thence S OZ°26' I ~" E slang said Right-of--Wap line of Locust Grov , for a distance of
45.81 f~ to the REAL POINT OF 13EGIN1ViNG; ®~L
,p' r
containing I .b9 acres of land, mare or teas.
Prepared by: Todd R. Waite P.L.S. _ t_ ~,~ya~
L:'.Fresjects~T°ignnt Ixsxx)1t~cumv~+~ts~~ut-c'Gtatt.d~:aoc-t
Exhibit C - 7 -
tom.
(/ `(~ _J
~W
~ ~
~
d
z~
~
~, F ~ ~
yr aA Oea lsno o~ ~ 1 ~ ~ ~ ra
~ ~ -
,65'9Ut ~ e S ~ ~ ~ `~
®~ ~ ~ ~
W
.P
~
V-
~
~ ,~
~~ J
^_ ~ c
..
m ~
i. µyut
'~
~
ry~~
m9B ~
~ ~ t
~
s 7
a ~
~
p qe
~
~o 4y
fl~
0'M
,g i~`~
~
~
~ .
i
~
t9 ~
N
tll
,N J x
~ .iii ~
~ ~ 3
~
r (
yj
a
1T ~
I~
f!
aS soc,3.s~e ~
a+ co aa~.aa~
~ sao~sarE
ae.,~•
~ ~,
' s~
~~
~,
4 ~
V H~es
sza
•a..aw
a
~ n
.yl ~ ~
~
~ ~
~$ ~~
9
v [
'
~ $ ~ t
U ~
Q !
ty
a G
m
~ ~ o ~~
W N
a1 Z
~i ~
M ~ ~
~/ 9
Q
,L4't8 $ !!~~ ~
~ g~
3.0£.LZOON
,~,ct'ecc ~.wtzaow
`
e
~
>
~
``
~._
aaa 9
~
«
~
U <
~
m
as
6
o
~ ~
a
~
soa
eh4 ~
g '~,
~ ~-
~~ ~.
k ~ ~ N
2
e s
O ~j1
~ J
Exhibit C _ g _
WAITE
(and suweytng, llc
2710 Sunrise Rim Redd. Suite 240 Boise, ID 83705
208.947.3830 7ele. 208.947.3829 Fix
P.N. 2436 December i 1, 2008
PROPOSED FIGNUT SUBDIVISION
A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R.1 E., B.M., Ada
County, Idaho, and being more particularly descnbed as follows:
Commencing at the Southeast corner of said Section I8, from which the South 1/4 corner
of said Sect~n bears S 89°44' 18" W, 2649.09 feet,
thence S 89°44' 18° W abng the South boundary of said Se~ion 18 and the centerline o f
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. Overlacui Rd., being the REAL POINT
OF BEGINNING;
thence S 89°44' 18" W along said North Right-of--Way line for a distance of 227.98 feet
to the Southeast comer of Pack It Up Subdivision as filed in Book 84 at Page 9360, Ada
County Records;
thence leaving said Right-of--Way line N 29°02'44" W slang the East boundary of said
subdivision for a distance of 584.73 feet to the Northeast cerner 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 abng said Right-of--Way line of interstate 84 for the following 3 ceurses:
thence S 89°33'36" E for a distancx: of 371.62 feet;
thence S 83°45' 1 T' E for a distance of 200.65 feet;
thence S 89°34'11" E far a distance of 619.41 feet to a point an the West Right-of--Way
line of Locust Grove Rd.;
C:1Dacuments and 5ettiagalMarietlelMy Docwnenffi1Figaut (xxxx)1DocamentslFignatBndyllesc.doc-t
Exhibit C - 9 -
thence S 02°26' 12" E along said Right~f--Way line of Locust Grove Rd, for a distance of
45.81 feet;
thence leaving said Right-of--Way lire 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 ~r a distance of 300.86 feet;
thence N 88°49'29" E for a distance of 178.78 feet to a mint an the West Right-of--Way
line of said Laeust Grove Rd;
thence S 02°26' 12" E along said Right-of--Way line of Lowst Grove Rd. for a distance of
48.75 feet;
thence continuing along said Right~f--Way line S 89°28'10" E for a distance of 7.18 feet;
thence continuing along said Right-af--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.Q0 fcet to the REAL POINT OF
BEGINNING;
containing 16.78 acres of land, ire or less.
Prepared by: Todd R Waite P.L.S.
C:1l~cuments and SellffigslMarielle~Afy Documw~ts~Fignut (xxxxllDbcnmenta~FigautBndyDesc.dac-2
Exhibit C - 10 -
_ ~ ~ ~
° ° ~`
~ ~° ~
~ W ~ ~~ ~ ~
b ~ ~ ~~3 ~ ~
m~~ ~ ~~~
w
~ ~ ~~~~ ~
Z ~b ~eaaa isn~oi u8~
O m ~*y~ ~ ... .. _ -~0't~M~ . 3 SAt60D M 1 .. ` rya
{I~ G~ m
_+ W 9 ~'~ b ~~~~FiQO .Q ~ m b
`r ~ ~ -s-vrm+r-~--amp` ~ .4~Yel
•~ p ~
~ ~ ~
~ ~.I Q ~ ~ ~
vJ ~ ~
o
~ ~~ _ ~ ~
U ~l ~ 'aC td tI-118'~p ~ e~
VWO y`t
V.1 ~ I
Q z ~ ~ ~~
~ w° ~ ~ i
h
O ~ ~ ~ I
O x ~ 15 ~~ 1 6
N% ~uw. ~o
,~:. ~ ~ a a
~ ~~ ~ ~
~a
~ =1~ ~
~ s
;`` ~ m ~
i ~ ~
,~----p--- s
s~ A ~ -- ---- --- .~ ~ ~
~~_
u U2 ~ ~~
<pr ~ m Q -
p w ti -r
p t. e a fn
Y'
Exhibit C - I 1 -
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 Council
fords that the proposed zoning map amendment will comply with the applicable
provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and
Goals, Section 7, of the Staff Report for more information.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Council fords 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 Council fords 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 maybe 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 Council finds that a zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
5. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The Council fords that all essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public
funds. In accordance with the findings listed above, the Council finds that Annexation
and Zoning of this property to C-G and I-L would be in the best interest of the City,
if the Applicant enters into Development Agreement (DA) with the City, as
mentioned in the Staff Report.
2. Rezone Findings
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an amendment to
the Comprehensive Plan, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The Council fords that the proposed zoning map amendment will comply with the
applicable provisions of the Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed
Exhibit D _ 1 _
district, specifically the purpose statement;
The Council 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 Council fmds that
future development of this property should comply with the established regulations and
purpose statements of the requested zoning districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council fmds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and Council rely
on any oral or written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The Council fmds 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 Council fmds that the rezone of the subject property from C-G to I-L is in the best
interest of the City.
3. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The Council fmds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan. The Council 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 Council fmds that public services can be made available to accommodate the
proposed development. (See Exhibit B of the Staff Report for more details from public
service providers.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
own cost, the Council fmds 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, ACPID, 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 Council is not aware of any health, safety, or environmental problems associated
with the development of this subdivision that should be brought to the Council or
Commission's attention. ACfID considers road safety issues in their analysis. Staff
recommends that the Commission and Council reference any public testimony that may
be presented to determine whether or not the proposed subdivision may cause health,
safety or environmental problems of which Staff is unaware.
6. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic, or historic features on this site. Therefore,
the Council fmds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. Staff
recommends that the Commission and Council reference any public testimony that may
be presented to determine whether or not the proposed development may destroy or
damage a natural or scenic feature(s) of major importance of which Staff is unaware.
4. Alternative Compliance Findings:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
a. Strict adherence or application of the requirements is not feasible; OR
Staff fmds the location of the irrigation easement and drainage easement does not make it
feasible for the planting of the required trees. The applicant is proposing to install lawn, and a
mix of shrubs and boulders throughout the planting 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, the applicant has approximately a quarter mile of frontage along I-84.
Therefore, staff believes there is an undue hardship on the applicant particularly since the
applicant does not have any end users who want to develop in the area.
b. The alternative compliance provides an equal or superior means for meeting the
requirements; and
Staff finds the alternative compliance does provide a superior means for meeting the City's
landscape standards. The applicant has not asked for width reduction to any of the required
landscape buffers. In fact the landscaping proposed for Lot 1, Block 1 exceeds the minimum
width required by the UDC. Therefore, Staff supports the proposed concept landscape plan,
as depicted in Exhibit A.
c. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of the surrounding properties.
Staff fmds 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 _