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Villasport H-2018-0121 Sadie Creek Commons, LLCADA COUNTY RECORDER Phil McGrane 2019-060877 BOISE IDAHO Pgs=53 LISA BATT 07/10/2019 03:29 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2, Sadie Creek Commons, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this_ day of j(A2019, by and between City of Meridian, a municipal corporation of the State of Who, hereafter called CITY whose address is 33 E, Broadway Avenue, Meridian, Idaho 83642 and Sadie Ci -eels Commons, LLC, whose address is 10789 W. Twain Ave. #200, Las Vegas, NV 89135, hereinafter called OWNER/DEVELOPER, I , RECITALS: 1,1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1,2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1,3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted applications for, and the City has approved, modification to an existing Development Agreement Instrument # 108008770, which covers the Property for 1138 acres of land, a variance from applicable setback standards, and a conditional use permit, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearing before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1,6 WHEREAS, the record of the proceedings for the modification of development agreement, variance, and conditional use permit held before the City Council, includes responses of government subdivisions providing services within the DEVELOPMENT AGREEMENT— VILLASPORT (H-2018-0121) PAor: l or, 8 �l M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 2 3 4 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 2 3 5 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 2 3 6 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 2 3 7 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 2 3 8 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 2 3 9 o f 5 4 2 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Sadie Creels Commons, LLC., C - 77: 7- ,r ' By: Ili' Its: 'l� CITY OF MERIDIAN ATTEST: o�pSED AUGUST Q O� B'C? w Mayor Tammy e�Veetd Is J IIDIAN+-- IDAHO r� SEAL r, STATE OF-�yHO NO-, SS: �ofthe TRE.A�� County ofA4ft ) On this 01%ay of Q/ , 2019, before tine, the undersigned, a Notary Public in and for said State, personally appeared __41 t_ , s known or identified to me to be of Sadie Creek Commons, LLC and the person who signed above and acknowledged to tine that lie execuiedied tig same on behalf of said corporation. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) MARCIA GIORDANO Notary Public State of Nevada No. 16-2966.1 Notary Public for Win MyAppt. Exp. June 30, 2020 Residing at:— j}')$er (N, Tcoy I /fyt' ZQP LAf `6P '?S' NV S'yl3Sl IV'V- V V My Commission Expires: TLtIn2 ? J Zo 0 STATE OF IDAHO ss County of Ada ) On this C * day of JUN 2019, before me, allotary Public, personally appeared Tammy de Weerd and Chris Johnson, known or idenf fled to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this M1-14 CHARLENE WAY 0 )0 nQ uxmt- AL)COMMISSION #67390 Notary Public or Idaho U NOTARY PUBLIC Residing at: STATE OF IDAHO Commission expires: - - a MY COMMISSION EXPIRES 3/28/22 DEVELOPMENT AGREEMENT- VILLASPORT (H-2018-0121) PAGE 8 OF 8 Meridian City Council Meeting Agenda July 9, 2019 – Page 241 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 242 of 542 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0121; H-2019-0032 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement to Remove the Subject Property from the Original Agreement and Enter into a New Agreement for the Proposed Development; and a Variance to the Minimum Setback Standards Listed in UDC 11-4-3-2A.1 and 11-4-3-2A.2 for Villasport, by Sadie Creek Commons, LLC. Case No(s ). H-2018-0121; H-2019-0032 For the City Council Hearing Date of: April 2, 2019 (Findings on April 23, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 2, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 2, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 2, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 2, 2019, 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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 Community Development Department, the Public Works Department and any affected party requesting notice. Meridian City Council Meeting Agenda April 23, 2019 – Page 219 of 699 EXHIBIT B Meridian City Council Meeting Agenda July 9, 2019 – Page 243 of 542 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0121; H-2019-0032 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 2, 2019, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a Development Agreement Modification and Variance is hereby approved per the provisions in the Staff Report for the hearing date of April 2, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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 April 2, 2019 Meridian City Council Meeting Agenda April 23, 2019 – Page 220 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 244 of 542 By action of the City Council at its regular meeting held on the '23 day of t r 2019. COUNCIL PRESIDENT JOE BORTON VOTED P COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED_P COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Ta y Weerd P Ep AU, vs Attest: O 2 ('ity of g ID1ANi`"` IDAHO Dh'' Jo nso r„+-- 04" 1-1, sem, SEAL the Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By; Qj&ru— 11U Dated: Y -C93 C 619 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0121; H-2019-0032 -3 - Meridian City Council Meeting Agenda July 9, 2019 – Page 245 of 542 EXHIBIT A Page 1 HEARING DATE: April 2, 2019 Continued from: 1/22/2019 & 2/19/19 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0121 (MDA); H-2019-0032 VAR) Villasport – MDA, VAR LOCATION: Southwest corner of E. Ustick Rd. and N. Eagle Rd. in the NE ¼ of Section 5, T.3N., R.1E. Parcels: S1105110067; S1105110100 I. PROJECT DESCRIPTION The Applicant requests a modification to the existing Development Agreement (DA) (Inst. 108008770, Sadie Creek Commons) to remove the subject property from the agreement and enter into a new agreement for the proposed development. A Variance is also requested to the minimum setback standards listed in UDC 11-4-3-2A.1 for outdoor recreation areas and structures that are not fully enclosed to maintain a minimum setback of 100 feet from any abutting residential district; and 11-4-3-2A.2 that restricts an outdoor event or activity center from being located within 50 feet of any property line. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda April 23, 2019 – Page 222 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 246 of 542 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Project Area Maps Description Details Page Acreage 11.39 Future Land Use Designation MU -R (mixed -use regional) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Athletic club (i.e. indoor/outdoor entertainment/recreation facility) and spa (i.e. personal service) ; and retail Current Zoning C-G Proposed Zoning NA Physical Features (waterways, hazards, flood plain, hillside) The Milk Lateral runs along north and east boundaries of site Neighborhood meeting date; # of attendees: July 18, 2018; 6 attendees History (previous approvals) ROS #6418 created the configuration of these parcels approved by the City in 2004. AZ-05-052 (DA #108008770, Sadie Creek Commons); PP-05-053 and CUP-05-049 expired); VAR-05-022 (right-in/right-out access via Eagle Rd.); MDA-13-005 (amended DA that was never executed & has since expired); A-2018-0361 (PBA –reconfigured 2 existing parcels , ROS #11747 ) Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 23, 2019 – Page 223 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 247 of 542 Page 3 III. APPLICANT INFORMATION A. Applicant: Sadie Creek Commons, LLC – 10789 W. Twain Ave. #200, Las Vegas, NV 89135 B. Owner: Same as Applicant C. Representative: Tamara Thompson, The Land Group – 462 E. Shore Drive, Ste. 100, Eagle, ID 83616 IV. NOTICING City Council Posting Date (MDA) City Council Posting Date (VAR) Legal notice published in newspaper 2/1/2019 3/15/2019 Radius notification mailed to properties within 300 feet 1/29/2019 3/12/2019 Nextdoor posting 1/29/2019 3/12/2019 Public hearing notice sign posted on site 2/7/2019 3/21/2019 V. STAFF ANALYSIS Development Agreement Modification: The development agreement modification proposes to remove the subject property from the terms of the existing development agreement [i.e. Inst. 108008770, AZ-05-052 Sadie Creek Commons] and enter into a new development agreement for the proposed development/site. The previously approved conceptual development plan was for a mixed use development consisting of 150,000 square feet of commercial retail, restaurant and office uses on 15.33 acres of land; three Meridian City Council Meeting Agenda April 23, 2019 – Page 224 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 248 of 542 Page 4 3) accesses were approved via E. Ustick Rd. and one right-in/right-out was approved via N. Eagle Rd. (see Section VII.A). The provisions in the DA pertain to that development plan and is applicable to the subject property as well as the out-parcel at the northeast corner of this site. A new conceptual development plan and building elevations are proposed with the subject application that demonstrate how the property is now proposed to develop. The new plan proposes a 99,000+/- square foot 2-story building for an athletic club and spa and a 15,300+/- square foot retail building; associated parking for the proposed uses is also depicted (see Section VII.B). Note: A concurrent conditional use permit (CUP) application was submitted with the subject MDA application that was approved by the Commission contingent upon Council approval of the MDA application. Since that approval, the Applicant submitted a request for City Council review (H- 2019-0011) of the Commission’s decision on several conditions associated with the CUP; this request will be scheduled on the same agenda before the MDA application. If Council approves any changes to the CUP conditions through the Council Review request, the DA provisions in Section VIII of this report should be updated accordingly. Variance: A Variance is requested to two (2) sections of the UDC as follows: UDC 11-4-3-2A.1 states, “ All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of 100 feet from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard.” The adult lap pool, concrete pool deck and the outdoor turf area depicted on the site plan are within 100’ of the residential district to the south which adjoins the southern property line of this site. A landscaped common area (7+ feet wide) with a 6-foot tall solid fence and a street separates the site from the adjacent residential properties to the south. The Applicant is also proposing to landscape a 6-foot wide area on the other side of the fence on this site which will assist in buffering the noise and light from the site. The residential zoning in this area is unique in that it stretches to the opposite side of the road from the residential area to the south and includes a common area along the street which abuts this site. Typically, zoning goes to the centerline of adjacent streets. This irregularity creates a wider setback than would normally be required for outdoor recreation uses on this site. Another consideration is if the commercial directly abutted the residential property line(s) without a street separating the uses, the setback would be calculated from the common property line rather than the centerline of the street resulting in a lesser setback. Staff recommends Council examine the intent of this requirement when considering the variance request. The Applicant requests the required setback is reduced as depicted on the site plan in Section VII.C, which can be interpreted several different ways based on the discussion above, as follows: o If measured from the centerline of the street, the setback would be 33 feet to the turf area and 43 feet to the pool deck at its narrowest point; or , o If measured from the residential district, the setback would be 6 feet to the pool deck area and 11 feet to the turf area; or, o If measured from the property line of the nearest residential structure, the setback would be 68 feet to the pool deck at its narrowest point and 100 feet to the turf area. Meridian City Council Meeting Agenda April 23, 2019 – Page 225 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 249 of 542 Page 5 Staff recommends the Council consider the latter interpretation when making a decision on the Variance request as it best meets the intent of the setback requirement. If Council finds a Variance is appropriate, additional buffering measures such as an 8-foot tall fence or wall and dense landscaping consisting of a mix of conifers and deciduous trees and shrubs should be considered as mitigation. The additional landscaping would also assist in screening the mass of the proposed 37+/- foot tall structure to the residential uses. UDC 11-4-3-2A.2 states, “No outdoor event or activity center shall be located within 50 feet 50’) of any property line and shall operate only between the hours of six o’clock (6:00) AM and eleven o’clock (11:00) PM.” The adult lap pool, concrete pool deck and the outdoor turf area depicted on the site plan are within 50’ of the southern property line at approximately 11 feet for the turf area and 6 feet for the deck area around the pool; the Applicant requests a reduction in the setback accordingly as shown on the site plan in Section VII.C. The same logic discussed above could also be considered by Council for this provision. If the southern boundary of this site directly abutted another buildable lot without a street separating the properties, the area between the property line and the outdoor activity center would actually be less than what is proposed. As proposed, the separation between the residential property line and the outdoor activity center is 68 feet to the pool deck at its narrowest point and 100 feet to the turf area which is much greater than the requirement. Staff recommends the Council consider the intent of the requirement when making a decision on the Variance request. Due to the location of the Milk Lateral, an existing irrigation facility that bisects this site north of the proposed building, the buildable area of the site is constrained. Although the lateral is being piped and shifted further to the north, the topography and slope of the pipe to allow the flow of irrigation water through it is such that the lateral cannot be moved any further to the north to accommodate the required setbacks by shifting the building further to the north than proposed see exhibit in Section VII.C). Additionally, the Applicant states a cross-access easement to Centrepoint Way exists on the east side of the property which further constrains the buildable area. Therefore, the Applicant feels a hardship exists due to the characteristics of the site that make compliance with the setback standards unfeasible. See Applicant’s narrative for more information. Based on the required Findings for Variance requests included in Section IV, the Council should determine if a Variance is appropriate to the above-noted setbacks as requested by the Applicant. A. Future Land Use Map Designation (https://www.meridiancity.org/compplan ) Mixed-Use Regional (MU-R) The purpose of the MU-R designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should have a regional draw with the appropriate supporting uses. Developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 in the Comprehensive Plan as shown below. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan ): The proposed development promotes the following action items contained in the Comprehensive Plan: (staff’s analysis in italics) Meridian City Council Meeting Agenda April 23, 2019 – Page 226 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 250 of 542 Page 6 Plan for an encourage services like healthcare, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed athletic club/spa will be located in close proximity to residential uses. Develop indoor/outdoor multiple-use facilities (i.e. recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural and sports purposes and uses.” (6.01.02D) The proposed indoor/outdoor athletic club will provide for a variety of recreational, educational and sports opportunities to area residents. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The outdoor hours of operation of the proposed facility will be limited to 6:00 am 11:00 pm, which should be compatible with adjacent residential uses. Additionally, the outdoor recreation area is required to maintain a minimum setback of 100’ from any abutting residential property line with a home. Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) A landscape buffer/screening will be provided adjacent to residential properties in accord with UDC standards. C. Proposed Use Analysis: The proposed athletic club is classified as an “arts, entertainment or recreation facility, outdoor” and the spa is classified as a “personal service” in UDC 11-1A-1; both are listed as principal permitted uses in the C-G district per UDC Table 11-2B-2. A CUP (H-2018-0121) was recently approved, contingent upon Council approval of the subject MDA application, solely for the proposed hours of operation of the facility because the property abuts a residential use and district in accord with UDC 11-2B-3A.4. The Commission allowed the hours of operation for the athletic club and spa to be from 4:00 am to 12:00 am (midnight) for indoor activities and from 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00 pm. Note: The Applicant has submitted a request for Council review of the Commission’s decision on the CUP application (H-2018-0121) in regard to several UDC standards (see H-2019-0011 for more information). VI. DECISION A. Staff: Staff recommends approval of the proposed modification to the Development Agreement in accord with the provisions in Section VIII; and denial of the proposed Variance based on the Findings in Section IV. Note: Although Staff could make some of the Findings required for the Variance, Staff could not make all of the Findings which is required in order to grant a Variance. Note: The easternmost driveway access via E. Ustick Rd. depicted on the concept plan in Section VII.B requires Council approval of a waiver to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. In this case, access is available via (2) local streets. If a waiver, is not approved, the site plan should be revised accordingly. Council action is needed on this request. B. The Meridian City Council heard these items on January 22, February 19, and April 2, 2019. At the public hearing, the Council approved the subject MDA and VAR requests. a. Summary of City Council Public Hearing: i. In favor: Tamara Thompson, The Land Group (Applicant’s Representative); Mike Fassler, Villasport; Jeff Bower, Givens-Pursley; Becky Webb; Meridian City Council Meeting Agenda April 23, 2019 – Page 227 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 251 of 542 Page 7 ii. In opposition: Jeffrey Vrba, Jackson Square Homeowner’s Association; iii. Commenting: Jared Schofield; Elizabeth Gammon; Scott Baumann; Carrie Gammon; Denise LaFever; Julie Hysmith; Janet Bailey iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Lieutenant Leslie b. Key issue(s) of Public Testimony: i. Not the right location for this type of facility – there are 10-11 fitness centers/gyms within a mile of this site; ii. Against proposed location of outdoor swimming pool and associated noise adjacent to existing homes; iii. Against mass and height of proposed structure in relation to adjacent homes; iv. Against proposed hours of operation (i.e. 5:00 am); v. Concern there is not adequate parking for the site for community events. vi. Traffic concerns generated from the proposed development; c. Key Issues of Discussion by Council: i. Sound mitigation for pump system and development adjacent to residential uses; ii. Traffic impact on adjacent private and residential neighborhood streets and traffic calming for speeding cars on residential streets; iii. How the development area of the site is constrained by the Milk Lateral and an existing access easement; iv. The Findings required in order to grant a Variance. d. Key Council Changes to Staff Recommendation i. City Council approved a waiver to UDC 11-3A-3 for an access driveway via E. Ustick Rd. (strike condition #A.1l in Section VIII); ii. Modification to condition #A.1e in Section VIII to allow the outdoor activity center to be located within 6’ of any property line as proposed with the Variance; modification to the hours of operation from 5:00 AM instead of 6:00 AM; and requirement for the slide associated with the swimming pool to close at 9:00 PM (the pool may stay open until 11:00 PM). iii. Modification to condition #A.1f in Section VIII to allow the setback for outdoor recreation areas abutting residential districts as shown on the site plan approved with the variance (H-2019-0032). iv. Modification to condition #A.1h in Section VIII to reflect Council approval of a waiver to not require the outdoor speaker system to be located 100’ from all residential districts; and to include the Applicant’s agreement to limit the hours of operation of the outdoor speaker system from 9:00 AM to 9:00 PM. Meridian City Council Meeting Agenda April 23, 2019 – Page 228 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 252 of 542 Page 8 VII. EXHIBITS A. Existing Development Agreement Provisions & Conceptual Development Plan (AZ-05-052, Instrument No. 108008770) Link to full version of Development Agreement: Sadie Creek Promenade AZ-05-052 Applicable Development Agreement Provisions: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: Construction and development of up to 150,282 square feet of retail/restaurant/ and office uses in a proposed C-G zone on 7.7 acres pertinent to this AZ 05-052 application. The 36.33 acre site, which includes a portionof this project, was approved for annexation with a Development Agreement in April, 2004 under the name of Kissler Annexation file no. AZ 03-018). The DA, instrument no. 104107406, requires that any future use be approved either though a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the AZ 05-052 application for informational purposes. This entire project consists of 15.33 acres a preliminary plat and conditional use permit was submitted and approved (PP-05-053, and CUP-05-049) which satisfies the CUP condition of the previous DA agreement. Certificates of Zoning Compliance are required for all buildings in this project. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use permit site plan dated September 15, 2005, and shall be required to obtain the City’s approval thereof, in accordance to the City’s Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY : 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That 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. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. Meridian City Council Meeting Agenda April 23, 2019 – Page 229 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 253 of 542 Page 9 2. That the applicant be responsible for all costs associated with the sewer and water service extension. 3. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 4. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots including masonry block wall on western boundary. 5. That the maximum square footage of one single building shall not exceed 75,141square feet, which is ½ of the maximum requested of 150,282 square feet 6. That all buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be 6 am – 10 pm. 7. That the applicant shall redesign the site to meet the 300’ standard separation for drive thru uses with this application or variance is obtained. 8. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. 9. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office uses only. Non retail uses shall be located on these lots. All other lots shall be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as permitted shall be subject to conditional approval. 10. That the western most public road referenced to as Sadie Creek Avenue may be renamed as approved by the Ada County Street Naming Committee. The road name has been approved as Centrepoint Way. Meridian City Council Meeting Agenda April 23, 2019 – Page 230 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 254 of 542 Page 10 Meridian City Council Meeting Agenda April 23, 2019 – Page 231 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 255 of 542 Page 11 B. Proposed Concept Plan (dated: 10/18/18) & Building Elevations (dated: 7/17/18) Meridian City Council Meeting Agenda April 23, 2019 – Page 232 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 256 of 542 Page 12 Meridian City Council Meeting Agenda April 23, 2019 – Page 233 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 257 of 542 Page 13 C. Variance Exhibits Relocated Milk Lateral (red line) Meridian City Council Meeting Agenda April 23, 2019 – Page 234 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 258 of 542 Page 14 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Development Agreement Modification A new Development Agreement (DA) is required as a provision of the request for a modification to the existing DA to exclude this property from the existing agreement Inst. 108008770). A new DA shall be entered into between the City of Meridian, the Property Owner(s), and the Developer. A CZC and DES application shall not be submitted to the City until the DA is approved by City Council and recorded. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the new DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting approval of the development agreement modification. The DA shall, at minimum, incorporate the following provisions: a. The subject property shall be excluded from the terms of the Development Agreement recorded as Instrument No. 108008770 for Sadie Creek Commons. b. Future development of this site shall be generally consistent with the conceptual development plan and building elevations included in Section VII, the conditions of approval of the conditional use permit (H-2018-0121), and the provisions contained herein. c. The future structures and site design submitted with subsequent Certificate of Zoning Compliance and Design Review applications shall comply with the standards listed in UDC 11-3A-19 and the Architectural Standards Manual. d. The athletic club is required to comply with the specific use standards listed in UDC 11-4-3-2, Arts, Entertainment or Recreation Facility, Indoors and Outdoors except as contained herein approved with the variance. e. No outdoor event or activity center, including but not limited to the swimming pools, shall be located within fifty six feet (50 6') of any property line as shown on the site plan approved with the variance (H-2019-0032) and shall operate only between the hours of six five o'clock (6:00 5:00) A.M. and eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-2A.2 with the exception of the water slide associated with the swimming pool which shall close at 9:00 PM (the pool may stay open until 11:00 PM). f. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts as set forth in UDC 11-4-3-2A.1 as shown on the site plan included in Section VII.C approved with the variance (H-2019-0032). With the CUP application, the Commission interpreted the setback measurement to be from any residential property line with a home, rather than from a residential district. g. An outdoor stage or musical venue is prohibited on this site as the site is within 1,000 feet of a residential district and such uses are not allowed, unless approved through a conditional use permit as set forth in UDC 11-4-3-2C. Meridian City Council Meeting Agenda April 23, 2019 – Page 235 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 259 of 542 Page 15 h. Outdoor speaker systems associated with the athletic club (i.e. outdoor entertainment/recreation facility) use are required to be located a minimum of 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. City Council waived this requirement through the Council Review request; however, the Applicant did agree to limit the operation of the outdoor speaker system from 9:00 AM to 9:00 PM. i. Construct a 6-foot tall masonry screen wall along the west boundary of the site consistent with that constructed on the adjacent property to the south as shown on Detail #4, Sheet L1.50 of the landscape plan included in Section VII.B. j. Retail and restaurant uses shall be allowed as accessory uses to the athletic club and may serve members of the club as well as the public. k. A cross-access/ingress-egress easement shall be granted from this site to the property to the south as well as to the out-parcel to the east (#S1105110025). A recorded copy of said easement(s) shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. l. The proposed driveway access via E. Ustick Rd. is not allowed unless a waiver is approved by City Council to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. A waiver to UDC 11-3A-3 for an access driveway via E. Ustick Rd. was approved by City Council. m. Direct access via N. Eagle Rd./SH 55 and E. Ustick Rd., other than the accesses approved by City Council with this application, is prohibited as set forth in UDC 11- 3H-4B. n. A 10-foot wide multi-use pathway within a public use easement and pedestrian lighting and landscaping is required to be provided within the street buffer along N. Eagle Rd./SH 55 in accord with the standards listed in UDC 11-3H-4C.3. o. All of the frontage improvements (i.e. street buffers, sidewalks, pedestrian lighting, etc.) on this site along E. Ustick Rd. and N. Eagle Rd./SH 55 shall be installed with the first phase of development. IX. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE (11-5B-4E) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The City Council finds the variance will not grant a right or special privilege because the characteristics of the site warrant the variances. Any development of this site would face the same physical constraints because of the intersecting lateral, cross-access and utility easements. The site characteristics create the need for certain improvements to be concentrated in the southwest portion of the site. The residential zoning to the south is not typical in that it stretches across the street to the back side of the common area/property line instead of the centerline of the street. Meridian City Council Meeting Agenda April 23, 2019 – Page 236 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 260 of 542 Page 16 B. The variance relieves an undue hardship because of characteristics of the site; The City Council finds the variance will relieve an undue hardship caused by characteristics of the site; the buildable area is constrained by the Milk Lateral, an existing irrigation facility that runs diagonally across this property. As part of the project, the Milk Lateralis being buried and relocated but due to the topography of the property, the lateral cannot be moved any further north than proposed. For ongoing maintenance purposes, no structure can be placed over the lateral; therefore, parking is proposed in that area. The location of the lateral forces the project improvements to the southern portion of the property. An Idaho Power facility along Ustick Rd. on the north side of the property and a cross-access easement to Centrepoint Way on the east side of the property further constrains the buildable area to the southwest corner of the property. Strict adherence to the setbacks in the applicable specific use standards would result in undue hardship to any development of this property by drastically reducing the buildable area of the property and preventing use of the property for the proposed and allowed use. C. The variance shall not be detrimental to the public health, safety, and welfare. The City Council finds granting the variance will not be detrimental to the public health, safety and welfare for the following reasons: the residential district to the south is separated by the property by an existing 6-foot tall wooden fence, mature landscaped trees and a local street; the nearest residential lot is approximately 100 feet from the outdoor lap pool and approximately 60 feet from the outdoor turf area; the lap pool and the turf area will not produce material noise or light and the Applicant is taking steps to mitigate noise through the use of canopies and umbrellas and to mitigate light through the use of directional lamps facing downward and away from the property boundary; an additional 6-foot wide landscape buffer will also be added in connection with the project that will further mitigate noise and light to the surrounding area; the project will be fully fenced along the southern boundary of the site and the uses will be fully contained on the property. Meridian City Council Meeting Agenda April 23, 2019 – Page 237 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 261 of 542 Page 1 HEARING DATE: 12/20/2018 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0121 Villasport LOCATION: Southwest corner of E. Ustick Rd. and N. Eagle Rd. in the NE ¼ of Section 5, T.3N., R.1E. Parcels: S1105110067; S1105110100 I. PROJECT DESCRIPTION The Applicant requests a modification to the existing Development Agreement (DA) to remove the subject property from the agreement and enter into a new agreement for the proposed development; and a Conditional Use Permit (CUP) to operate an indoor/outdoor arts, entertainment or recreation facility and spa from 5:00 4:00 am to 10:00 midnight (12:00 am) pm for indoor activities and 5:00 am to 11:00 pm for outdoor activities (seasonal) in the C-G zoning district abutting a residential use and district as required by UDC 11-2B-3A.4. Note: The Planning & Zoning Commission is the decision making body on the CUP application; and the City Council is the decision making body on the MDA application. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT EXHIBIT A Meridian City Council Meeting Agenda April 23, 2019 – Page 238 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 262 of 542 Page 2 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 11.39 Future Land Use Designation MU-R (mixed-use regional) Existing Land Use Vacant/undeveloped [temporary uses have been operating on this site (i.e. fireworks, Christmas tree sales] Proposed Land Use(s) Athletic club (i.e. indoor/outdoor entertainment/recreation facility) and spa (i.e. personal service) Current Zoning C-G Proposed Zoning NA Physical Features (waterways, hazards, flood plain, hillside) The Milk Lateral runs along north and east boundaries of site Neighborhood meeting date; # of attendees: July 18, 2018; 6 attendees History (previous approvals) ROS #6418 created the configuration of these parcels approved by the City in 2004. AZ-05-052 (DA #108008770, Sadie Creek Commons); PP-05-053 and CUP-05-049 expired); VAR-05-022 (right-in/right-out access via Eagle Rd.); A-2018-0361 (PBA – currently in process to reconfigure the 2 existing parcels) Meridian City Council Meeting Agenda April 23, 2019 – Page 239 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 263 of 542 Page 3 B. Community Metrics Meridian City Council Meeting Agenda April 23, 2019 – Page 240 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 264 of 542 Page 4 Description Details Page Ada County Highway District Staff report (yes/no) Not yet received Requires ACHD Commission Action yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Traffic Impact Study (yes/no) Traffic Level of Service Stub Street/Interconnectivity/Cross Access Existing Road Network Existing Arterial Sidewalks / Buffers Proposed Road Improvements Distance to nearest City Park (+ size) Distance to other key services Fire Service Distance to Fire Station 1.2 miles (Fire Station #3) Fire Response Time 3 minutes (under ideal circumstances) Resource Reliability 80% (does not meet target goal of 85%) Risk Identification 4 (current resources would not be adequate to supply service to this project) Accessibility Meets all required road widths and turnarounds Special/resource needs Requires an aerial device; the closest truck company is 9 minutes travel time (under ideal conditions). This need can be met in the required timeframe if a truck company is required. In the event of a hazmat event, high angle rescue or water rescue, mutual aid will be required. In the event of a structure fire, an additional truck company will be required which will require additional time delays as they are not available in the City. Water Supply 1500 gallons/minute for 2 hours Police Service Distance to Police Station 3.3 miles Police Response Time 3.59 Priority 3; 7.59 Priority 2; 12.56 Priority 1 Calls for Service 946 – mostly related to narcotic violations of calls for service split by priority 1.4% Priority 3; 67.9% Priority 2; 28.1% Priority 1; 2.6% Priority 0 Accessibility No issues Specialty/resource needs No additional needs required Crimes Crashes 100 crashes within a mile of site (11/1/17 – 10/31/18) Wastewater Distance to Sewer Services Sewer Shed Estimated Project Sewer ERU’s WRRF Declining Balance Meridian City Council Meeting Agenda April 23, 2019 – Page 241 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 265 of 542 Page 5 C. Project Area Maps Project Consistent with WW Master Plan/Facility Plan Water Distance to Water Services Pressure Zone Estimated Project Water ERU’s Water Quality Project Consistent with Water Master Plan Impacts/Concerns Grocery Store 0.8 mile COMPASS (Communities in Motion 2040 2.0) 250+/- new jobs Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 23, 2019 – Page 242 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 266 of 542 Page 6 III. APPLICANT INFORMATION A. Applicant: Sadie Creek Commons, LLC – 10789 W. Twain Ave. #200, Las Vegas, NV 89135 B. Owner: Same as Applicant C. Representative: Tamara Thompson, The Land Group – 462 E. Shore Drive, Ste. 100, Eagle, ID 83616 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Legal notice published in newspaper 11/30/2018 Radius notification mailed to properties within 300 feet 11/27/2018 Nextdoor posting 11/27/2018 Public hearing notice sign posted on site 12/7/2018 V. STAFF ANALYSIS The development agreement modification proposes to remove the subject property from the terms of the existing development agreement [i.e. Inst. #108008770, AZ-05-052 Sadie Creek Commons] and enter into a new development agreement for the proposed development. The previously approved conceptual development plan was for a mixed use development consisting of 150,000 square feet of commercial retail, restaurant and office uses (see Section VII.A). The provisions in the DA pertain to that development plan and specifically this site. Meridian City Council Meeting Agenda April 23, 2019 – Page 243 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 267 of 542 Page 7 A new conceptual development plan and building elevations are proposed with the subject application that demonstrates how the property is proposed to develop. The new plan proposes a 99,000+/- square foot 2-story building for an athletic club and spa and a 15,300+/- square foot retail building; associated parking for the proposed uses is also depicted (see Section VII.B). A Conditional Use Permit (CUP) is proposed to operate an indoor/outdoor arts, entertainment or recreation facility and spa from 5:00 4:00 am to 10:00 midnight (12:00 am) pm for indoor activities and 5:00 am to 11:00 pm for outdoor activities (seasonal) in accord with UDC 11-2B-3A.4. The UDC limits business hours of operation in the C-G district when the property abuts a residential use or district; extended hours of operation may be requested through a CUP. This property abuts a residential use and district to the south, thus the reason for the request. A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) Mixed-Use Regional (MU-R) The purpose of the MU-R designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should have a regional draw with the appropriate supporting uses. Developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 in the Comprehensive Plan as shown below. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): The proposed development promotes the following action items contained in the Comprehensive Plan: Plan for an encourage services like healthcare, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) Develop indoor/outdoor multiple-use facilities (i.e. recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural and sports purposes and uses.” (6.01.02D) Meridian City Council Meeting Agenda April 23, 2019 – Page 244 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 268 of 542 Page 8 Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) C. Existing Structures/Site Improvements: There are no existing structures or improvements on this site. D. Proposed Use Analysis: The proposed athletic club is classified as an “arts, entertainment or recreation facility, outdoor” and the spa is classified as a “personal service” in UDC 11-1A-1; both are listed as principal permitted uses in the C-G district per UDC Table 11-2B-2. E. Specific Use Standards (UDC 11-4-3): The proposed athletic club is required to comply with the standards listed in UDC 11-4-3-2, Arts, Entertainment or Recreation Facility, Indoors and Outdoors, as follows: A. General Standards: 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. (Ord. 07-1325, 7-10-2007) The outdoor recreation area as shown on the site plan is within 100’ of the abutting residential district to the south; the site plan submitted with the Certificate of Zoning Compliance application should be revised to depict the recreation area at least 100’ from the residential district in accord with this requirement. 2. No outdoor event or activity center shall be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. The site plan depicts the pool areas within 50’ of the northern and southern property lines. The site plan submitted with the Certificate of Zoning Compliance application should be revised to comply with this requirement. Note: The proposed property boundary adjustment will alleviate this issue on the north boundary. 3. Accessory uses including, but not limited to, retail, equipment rental, restaurant and drinking establishments, may be allowed if designed to serve patrons of the use only. The Applicant’s narrative states the “VillaCafe” located near the front lobby will serve both members and the public. Although the specific use standards don’t support accessory uses that serve the public, because the C-G district allows retail and restaurant uses as principal permitted uses, Staff is amenable to those uses serving both members and the public as a provision of the DA. 4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems", of this title, which states, “Any outdoor speaker system associated with the use shall be located a minimum of 100 feet from all residential districts. No outdoor speaker systems shall be allowed within a residential district. These standards may be waived through approval of a conditional use permit.” The Applicant should comply with this requirement. Meridian City Council Meeting Agenda April 23, 2019 – Page 245 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 269 of 542 Page 9 B. Additional Standards for Swimming Pools: Any outdoor swimming pool shall be completely enclosed within a six foot (6') non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this code. A 6-foot tall non-scalable fence should be depicted on the site/landscape plan submitted with the Certificate of Zoning Compliance application that complies with this requirement. D. Additional Standards for Outdoor Stage or Musical Venue: Any use with a capacity of one hundred (100) seats or more or within one thousand feet (1,000') of a residence or a residential district shall be subject to approval of a conditional use permit. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005)” Because a residential district and uses exist to the south within 1,000 feet, an outdoor stage or musical venue is not allowed, unless otherwise approved through a subsequent conditional use permit. F. Outdoor Speaker Systems: Outdoor speaker systems associated with the use are required to be located a minimum of 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. If outdoor speakers are proposed, they should be depicted on the site plan outside of the 100 foot area. G. Dimensional Standards (UDC 11-2): Future development should comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G district. H. Access (UDC 11-3A-3): Access is proposed to be provided to the site via two (2) accesses from E. Ustick Rd., an arterial street – one via N. Centrepoint Way, an existing local street; and one via a new driveway in alignment with N. Cajun Ln. to the south. Access is also available from the south from Eagle Rd. via E. Seville Ln. from Cajun Ln. Note: The new access driveway via Ustick Rd. does not lie entirely on this property; therefore, the proposed location relies on approval from the adjacent property owner – in the absence of this, the driveway will need to be shifted to the west to be entirely on this site. The UDC (11-3A-3) limits access to arterial streets when access via a local street is available unless approved by City Council. Because access to this site is available via two (2) local streets (i.e. N. Centrepoint Way and N. Cajun Ln.), Council approval of this access is required. Without Council approval, the access should not be allowed and the site plan should be revised accordingly. A cross-access easement exists to this site from N. Cajun Ln., the private street to the south via an easement depicted on the Bienville Square Subdivision plat (Inst. #106169335; #109001537). A cross-access easement should be granted from this site to the property to the south as well as to the out-parcel to the east (#S1105110025). I. Parking (UDC 11-3C): Off-street parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6B per the dimensions shown in Table 11-3C-5. In commercial districts, a minimum of one vehicle space is required for every 500 square feet of gross floor area. Bicycle parking is also required to be provided at one space for every 25 proposed vehicle spaces in accord with the standards listed in UDC 11-3C-5C. Meridian City Council Meeting Agenda April 23, 2019 – Page 246 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 270 of 542 Page 10 Based on the overall square footage of the structures proposed (i.e. 114,300), a minimum of 229 vehicle spaces and 9 bicycle parking spaces are required to be provided. A total of 548 vehicle spaces are proposed with 22 bicycle parking spaces in excess of UDC standards. J. Pathways (UDC 11-3A-8): A segment of the City’s multi-use pathway system (sidewalk) exists within this site along the west side of N. Centrepoint Way in accord with the Pathways Master Plan. A detached 10-foot wide multi-use pathway within a public use easement and pedestrian lighting and landscaping is required to be provided within the street buffer along N. Eagle Rd./SH 55 in accord with the standards listed in UDC 11-3H-4C.3. K. Sidewalks (UDC 11-3A-17): A detached 5-foot wide sidewalk is required along E. Ustick Rd., an arterial street, east of N. Centrepoint Way (a detached sidewalk exists along Ustick west of Centrepoint); attached 5-foot wide sidewalks are required along all local streets, including N. Centrepoint Way in accord with UDC 11-3A-17. Note: An asphalt pathway exists along each side of N. Centrepoint Way; no sidewalk/pathway exists along E. Pickard Ln./St. A 10-foot wide multi-use pathway is required in lieu of a sidewalk along N. Eagle Rd./SH 55. L. Parkways (UDC 11-3A-17): All parkways should comply with the standards listed in UDC 11-3A-17. The parkway that exists between the curb and sidewalk along Ustick Rd. west of Centrepoint is currently gravel; this area will need to be improved in accord with the standards listed in UDC 11-3B-7C. M. Landscaping (UDC 11-3B): A 35-foot wide street buffer is required along N. Eagle Rd./SH 55 and E. Ustick Rd., both entryway corridors; and 10-foot wide street buffers are required along local streets as set forth in UDC Table 11-2B-3. All street buffers are required to be landscaped in accord with the standards listed in UDC 11-3B-7C. There are no existing trees on the site being removed that require mitigation. N. Waterways (UDC 11-3A-6): The Milk Lateral runs along the north and east boundaries of this site. The Applicant proposes to re-route and pipe the facility in accord with UDC 11-3A-6. O. Fencing (UDC 11-3A-6, 11-3A-7): There is an existing 6-foot tall solid wood fence along the southern boundary of the site that is owned by the adjacent property owner and is proposed to remain. A 6-foot tall masonry screen wall is proposed along the west boundary adjacent to residential uses to match that on the property to the south as shown on Sheet L1.50 of the landscape plan, detail 4. P. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII-B Below for Public Works comments/conditions. Meridian City Council Meeting Agenda April 23, 2019 – Page 247 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 271 of 542 Page 11 Q. Pressurized Irrigation (11-3A-15) An underground pressurized irrigation system is required to be provided within the development as set forth in UDC 11-3A-15. R. Storm Drainage (11-3A-18) An adequate storm drainage system shall be required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City. S. Structure and Design Standards (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the future athletic club as shown in Section VII.B. Final design of the structure should be consistent with the design standards listed in the Architectural Standards Manual. Parking lots for properties greater than 2 acres in size should not have more than 50% of the total off-street parking area for the site located between the building façade and the abutting streets; as an alternative, the parking area should be screened by berms, landscaping, walls, architectural elements or a combination of these elements to produce an appropriate buffer adjacent to public spaces and roadways as set forth in UDC 11-3A- 19B.3. Traffic calming measures should be provided where vehicle circulation is directed in front of the building entries. A continuous internal pedestrian walkway that is a minimum of 5 feet in width is required to be provided from the perimeter sidewalk to the main building entrance(s) and be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. T. Certificate of Zoning Compliance/Design Review A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of a building permit application. Plans submitted with these applications should comply with UDC standards and the design standards in the Architectural Standards Manual. VI. DECISION A. Staff: Staff recommends approval of the proposed modification to the Development Agreement and the conditional use permit applications in accord with the provisions in Section VII.A. VIII. Note: The driveway access via E. Ustick Rd. requires Council approval of a waiver to UDC 11- 3A-3, which limits access via arterial streets when access via a local street is available. In this case, access is available via (2) local streets. If a waiver is not approved, the site plan should be revised accordingly. Council action is needed on this request. B. Commission: The Meridian Planning and Zoning Commission heard this item on December 20, 2018. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Tamara Thompson, The Land Group; Mike Fassler ii. In opposition: None Meridian City Council Meeting Agenda April 23, 2019 – Page 248 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 272 of 542 Page 12 iii. Commenting: Jared Schofield; Steve Grant; Shaun Wardle; Jeff Vrba; David Park, Jackson Square HOA iv. Written testimony: David Durfee v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key Issues of Public Testimony: i. Objection to hours of operation before 6:00 am; ii. Concerns pertaining to the adequacy of the buffer (trees/landscaping will take a long time to mature) along the west boundary of the site and parking lot lighting impacting adjacent residential uses; iii. Concern pertaining to an increase in traffic in this area and public safety; iv. Objection to the proposed hours of operation – in favor of 9:00 am to 10:00 pm with outdoor speakers limited to 9:00 pm; v. Not in favor of the proposed height of the building, request for a shorter building that would impact adjacent residential neighbors less; vi. Concern pertaining to noise generated from the proposed use and its impact on residential neighbors. c. Key Issues of Discussion by Commission: i. The proposed hours of operation for the outdoor activity center and outdoor speakers; ii. Requirement for the separation between outdoor recreation areas to be measured from the property line of adjacent residential structures rather than from the residential zoning district. d. Key Commission Changes to Staff Recommendation: i. Strike the last sentence in condition #2.1k in Section VIII.A pertaining to construction of an off-site sidewalk along Cajun Way at the recommendation of Staff since there will likely be a driveway in that location in the future. ii. Modify condition #2.1a in Section VIII.A to reflect the Commission’s interpretation of UDC 11-4-3-2A.1 to reflect setback measurement from any residential property line with a home, rather than from a residential district; iii. Modify condition #2.2 in Section VIII.A to adjust the hours of operation as approved by the Commission; iv. Include a new condition requiring the Applicant to work with Planning Staff to create a sound buffer to mitigate some of the noise concerns between the pool area and neighboring homes (#2.9 in Section VIII.A). v. Include a new condition requiring the Applicant to work with Planning Staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot (#2.10 in Section VIII.A). C. City Council: The City Council heard the request for City Council review of the Planning & Zoning Commission’s decision on the conditional use permit on April 2, 2019. At the public hearing, the Council moved to approve the subject CR request. Concurrently, City Council heard a request for a Development Agreement Modification & Variance (H-2018-0121; H-2019- 0032). Meridian City Council Meeting Agenda April 23, 2019 – Page 249 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 273 of 542 Page 13 1. Council approved a waiver to UDC 11-3A-3 for an access driveway via E. Ustick Rd. strike condition #2.4 in Section VIII); 2. Modify condition #A.2.1d in Section VIII to allow setback proposed with Variance for outdoor activity centers; change to hours of operation for outdoor activities to 5:00 AM instead of 6:00 AM; and the slide associated with the swimming pool to close at 9:00 PM. 3. Modify condition #A.2.1a in Section VIII to allow the setback for outdoor recreation areas abutting residential districts as shown on the site plan approved with the variance H-2019-0032). 4. Modification to condition #A.2.1c in Section VIII to reflect Council approval of a waiver to not require the outdoor speaker system to be located 100’ from all residential districts; and to include the Applicant’s agreement to limit the hours of operation of the outdoor speaker system from 9:00 AM to 9:00 PM. 5. Modification to #A.2.2 in Section VIII to reflect approval of outdoor activities commencing at 5:00 AM instead of 6:00 AM. VII. EXHIBITS A. Existing Development Agreement Provisions & Conceptual Development Plan (AZ-05-052, Instrument No. 108008770) Link to full version of Development Agreement: Sadie Creek Promenade AZ-05-052 Applicable Development Agreement Provisions: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: Construction and development of up to 150,282 square feet of retail/restaurant/ and office uses in a proposed C-G zone on 7.7 acres pertinent to this AZ 05-052 application. The 36.33acre site, which includes a portion of this project, was approved for annexation with a Development Agreement in April, 2004 under the name of Kissler Annexation file no. AZ 03-018). The DA, instrument no. 104107406, requires that any future use be approved either though a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the AZ 05-052 application for informational purposes. This entire project consists of 15.33 acres a preliminary plat and conditional use permit was submitted and approved (PP-05-053, and CUP-05-049) which satisfies the CUP condition of the previous DA agreement. Certificates of Zoning Compliance are required for all buildings in this project. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. Meridian City Council Meeting Agenda April 23, 2019 – Page 250 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 274 of 542 Page 14 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use permit site plan dated September 15, 2005, and shall be required to obtain the City’s approval thereof, in accordance to the City’s Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That 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. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 2. That the applicant be responsible for all costs associated with the sewer and water service extension. 3. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 4. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots including masonry block wall on western boundary. 5. That the maximum square footage of one single building shall not exceed 75,141square feet, which is ½ of the maximum requested of 150,282 square feet 6. That all buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be 6 am – 10 pm. 7. That the applicant shall redesign the site to meet the 300’ standard separation for drive thru uses with this application or variance is obtained. 8. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. 9. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office uses only. Non retail uses shall be located on these lots. All other lots shall be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as permitted shall be subject to conditional approval. Meridian City Council Meeting Agenda April 23, 2019 – Page 251 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 275 of 542 Page 15 10. That the western most public road referenced to as Sadie Creek Avenue may be renamed as approved by the Ada County Street Naming Commi ttee. The road name has been approved as Centrepoint Way. B. Proposed Concept Plan (dated: 10/18/18), Dimensioned Site Plan (dated: 4/2/19) & Building Elevations (dated: 7/17/18) Meridian City Council Meeting Agenda April 23, 2019 – Page 252 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 276 of 542 Page 16 Meridian City Council Meeting Agenda April 23, 2019 – Page 253 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 277 of 542 Page 17 Meridian City Council Meeting Agenda April 23, 2019 – Page 254 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 278 of 542 Page 18 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING Note: The following section has been removed from the CUP Findings as there is a separate Findings document for the Development Agreement modification application. 1. Development Agreement Modification 1.1 A new Development Agreement (DA) is required as a provision of the request for a modification to the existing DA to exclude this property from the existing agreement Inst. 108008770). A new DA shall be entered into between the City of Meridian, the property owner(s), and the developer. The existing DA shall be amended to remove the subject property from the agreement. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the new DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting approval of the development agreement modification. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan and building elevations included in Section VII and the provisions contained herein. b. The athletic club is required to comply with the specific use standards listed in UDC 11-4-3-2, Arts, Entertainment or Recreation Facility, Indoors and Outdoors. c. No outdoor event or activity center shall be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M as set forth in UDC 11-4-3-2A.2. d. An outdoor stage or musical venue is prohibited on this site as the site is within 1,000 feet of a residential district and such uses are not allowed, unless approved through a conditional use permit as set forth in UDC 11-4-3-2C. e. Outdoor speaker systems associated with the athletic club (i.e. outdoor entertainment/recreation facility) use are required to be located a minimum of 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. f. Construct a 6-foot tall masonry screen wall along the west boundary of the site consistent with that constructed on the adjacent property to the south as shown on Detail #4, Sheet L1.50 of the landscape plan included in Section VII.B. g. Retail and restaurant uses shall be allowed as accessory uses to the athletic club and may serve members of the club as well as the public. h. A cross-access/ingress-egress easement shall be granted for access from this property to N. Cajun Ln./E. Picard Ln. to the south and to the out-parcel to the east (Parcel S1105110025). A recorded copy of said easement(s) shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. i. The proposed driveway access via E. Ustick Rd. is not allowed unless a waiver is approved by City Council to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. Meridian City Council Meeting Agenda April 23, 2019 – Page 255 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 279 of 542 Page 19 j. Direct access via N. Eagle Rd./SH 55 is prohibited as set forth in UDC 11-3H-4B. 2. Conditional Use Permit 2.1 The site/landscape plan submitted with the Certificate of Zoning Compliance application shall be revised to comply with the following conditions: a. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts as set forth in UDC 11-4-3-2A.1 as shown on the site plan approved with the variance included in Section VII.B (H-2019-0032). The Commission interpreted the setback measurement to be from any residential property line with a home, rather than from a residential district. b. Depict/label a 6-foot tall masonry screen wall along the west boundary of the site consistent with that shown on Detail #4, Sheet L1.50 of the landscape plan. c. If an outdoor speaker system(s) is proposed, the location of such shall be depicted on the plans at least 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. City Council waived this requirement with the Council Review request; however, the Applicant did agree to limit the operation of the outdoor speaker system from 9:00 AM to 9:00 PM. d. The outdoor event or activity center, which includes but is not limited to the swimming pools, shall not be located within fifty six feet (50 6') of any property line as shown on the site plan approved with the variance (H-2019-0032) and shall operate only between the hours of six five o'clock (65:00) A.M. and eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-2A.2 with the exception of the water slide associated with the swimming pool shall close at 9:00 P.M. (the pool may stay open until 11:00 P.M.). e. The outdoor swimming pools shall be completely enclosed within a six foot (6') non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of Meridian City Code as set forth in UDC 11-4-3-2B. f. Depict a detached 5-foot wide sidewalk along E. Ustick Rd., an arterial street, east of N. Centrepoint Way; and an attached 5-foot wide sidewalk along N. Centrepoint Way, a local street, in accord with UDC 11-3A-17. An attached sidewalk shall also be required along the north/south driveway via Ustick Rd. if the access via Ustick is approved by City Council. g. Parking lot design shall comply with the standards listed in UDC 11-3A-19B.3a, which requires no more than 50% of the total off-street parking area for the site to be located between building facades and abutting streets. h. Traffic calming measures shall be provided where vehicle circulation is directed in front of the building entries. i. A continuous internal pedestrian walkway that is a minimum of 5 feet in width is required to be provided from the perimeter sidewalk to the main building entrance(s) and be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. j. A 35-foot wide street buffer is required along E. Ustick Rd. and N. Eagle Rd., entryway corridors, in accord with UDC Table 11-2B-3; landscaping is required Meridian City Council Meeting Agenda April 23, 2019 – Page 256 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 280 of 542 Page 20 in accord with the standards listed in UDC 11-3B-7C. Correct the calculations table to reflect the required width. k. A pedestrian walkway shall be extended from the sidewalk along the east side of N. Cajun Way along the driveway into this site to the main building entrance. Note: There is a 30+/- foot long gap in the sidewalk along N. Cajun Way off-site to the south that should be completed with this development with consent from the adjacent property owner in order to provide a continuous pedestrian connection. l. Depict a 25-foot wide buffer to the residential use along the south boundary of the site on the west side of Centrepoint Way as set forth in UDC Table 11-2B-3, landscaped per the standards listed in UDC 11-3B-9C. m. Depict landscaping within the parkway area along Ustick Rd. west of Centrepoint Way in accord with the standards listed in UDC 11-3B-7C. 2.2 The hours of operation of the athletic club and spa are limited to the hours between 5:00 4:00 am and 10:00 midnight (12:00 am) pm for indoor activities and 6 5:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10 9:00 pm as approved with this application. 2.3 A 10-foot wide multi-use pathway within a public use easement and pedestrian lighting and landscaping is required to be provided within the street buffer along N. Eagle Rd./SH 55 in accord with the standards listed in UDC 11-3H-4C.3. 2.4 The proposed driveway access via E. Ustick Rd. is not allowed unless a waiver is approved by City Council to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. Council review of this access took place with the associated MDA application; Council approved a waiver to UDC 11-3A-3 for an access driveway via E. Ustick Rd. 2.5 A cross-access easement shall be granted from this site to the property to the south as well as to the out-parcel to the east (#S1105110025). A copy of the recorded easement(s) shall be submitted with the first Certificate of Zoning Compliance application. 2.6 The property boundary adjustment (#A-2018-0361) application shall receive final approval prior to submittal of the Certificate of Zoning Compliance application. 2.7 A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of a building permit application. Plans submitted with these applications should comply with UDC standards and the design standards in the Architectural Standards Manual. 2.8 The conditional use permit is approved contingent upon City Council approval of the associated modification to the Development Agreement. 2.9 The Applicant shall work with Planning Staff to create a sound buffer that will mitigate some of the noise concerns between the pool area and neighboring homes. 2.10 The Applicant shall work with Planning Staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot. Meridian City Council Meeting Agenda April 23, 2019 – Page 257 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 281 of 542 Page 21 B. Public Works 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2. General Conditions of Approval 2.1 Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The 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 available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.4 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2.5 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.6 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.7 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.8 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.9 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.10 All grading of the site shall be performed in conformance with MCC 11-1-4B. 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. 2.11 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 ACHD. The design engineer shall provide certification that the Meridian City Council Meeting Agenda April 23, 2019 – Page 258 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 282 of 542 Page 22 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. 2.12 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. 2.13 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.14 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. 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 prepared by an Idaho Licensed Professional Land Surveyor, 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. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.15 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.16 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 Water Department at (208)888-5242 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. 2.17 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 2.18 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 2.19 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided Meridian City Council Meeting Agenda April 23, 2019 – Page 259 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 283 of 542 Page 23 shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. Fire Department http://weblink.meridiancity.org/weblink8/0/doc/157920/Page1.aspx D. Community Planning Association of Southwest Idaho (COMPASS) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=158376 E. Department of Environmental Quality (DEQ) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=158270 F. Nampa & Meridian Irrigation District (NMID) http://weblink.meridiancity.org/weblink8/0/doc/158532/Page1.aspx G. Ada County Highway District (ACHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=160216&dbid=0 IX. FINDINGS A. Conditional Use Permit (UDC 11-5B-6) Required Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the proposed use and development regulations of the C-G district if the Applicant complies with the conditions of approval in Section VIII (see Analysis Section V for more information). 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Commission finds that the proposed use will be consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MU-R for this site if the site is developed and the use conducted in accord with the conditions listed in Section VIII. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in Section VIII of this report, the proposed use of the property should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission findsthat if the applicant complies with the conditions outlined in Section VIII of this report, the proposed use will not adversely affect other properties in the area. Meridian City Council Meeting Agenda April 23, 2019 – Page 260 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 284 of 542 Page 24 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that the proposed use will be served adequately by all of the public facilities and services as applicable. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. 7. That the proposed use will not involve activities or 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. The Commission finds the proposed use will generate additional traffic in the area but should not involve activities that will be detrimental to any persons, property or the general welfare of the area. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Meridian City Council Meeting Agenda April 23, 2019 – Page 261 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 285 of 542