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Dorado Subdivision AZ 05-019 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 67 BOISE IDAHO 09102105 10:40 AM ~~~E~~Å~Q~~:~~I~g 11//'1111111/'11'111111//'11'1111"11 Meridian City 105127512 '~_.-._-,--,-,-,-,._----.- "-'--'-----' DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Kimball Properties Limited Partnership, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this I q f:!: day of ~ ~ , 2005, by and between City of Meridian, a municipal corporation of the State of Idahó, her after called "CITY', and Kimball Properties, Limited Partnership, hereinafter called "OWNER/DEVELOPER". 1. 1.4 1.5 1.6 RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after refelTed to as the "Property"; and 1.2 WHEREAS, I.c. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" 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 Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning ofland; and WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-G) General Retail And Service Commercial District, (Municipal Code of the City of Meridian); and WHEREAS, "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning j urisdiction, and received further testimony and comment; and DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE I OF 9 1.7 WHEREAS, City Council, the 16th day of August, 2005, approved certain Findings ofF act and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter refelTed to as (the "Findings"); and WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.8 1.9 "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. 1.10 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 3.2 3.3 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "OWNERIDEVELOPER": means and refers to Kimball Properties Limited Partnership, whose address is PO Box 8204, Boise, Idaho 83707, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G (General Retail And DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE 2 OF 9 4. 5. 5.1. Service Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance for the C-G zoning district as codified at Meridian City Code Section 11-7-2 (K). No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.2 CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. Notwithstanding the status of the property as a planned development, no new buildings are approved for construction on that part of the property that is identified as lots 1,2, 3, 15 & 16 on the preliminary plat except pursuant to an application for conditional use permit submitted to and approved by City prior to submittal of any Certificate of Zoning Compliance application and/or building permit. If the property within Overland Way Subdivision adjoining said lots to the north and west ceases to be used for residential purposes, this requirement shall be deemed waived with respect to any of said lots which abut such adjoining property. Allow five foot landscape buffer along the west perimeter of lots 13 & 14. A five foot perimeter landscape buffer will be allowed for lots 1,2,3, 15 and 16 with the owner/developer having the following options: a) Provide a surety for this landscaping until conditional use approval is granted, or b) Install the required landscaping for lots 1,2,3, 15 and 16 with all other perimeter landscaping, and install alternative compliance landscaping upon conditional use approval (if required). Alternative compliance will include a 6 foot high fence and added landscape. Allow a maximum height variance of 60 feet for the hotel use. Drive thrus as an allowed use for banks and restaurants. Allowed uses are restaurant, retail, hotel, banks and office. Alternative compliance allowing for the right-in-only entrance off of Eagle Road to be considered part of the 35 foot wide landscape buffer. Allow a detached sidewalk to be considered part of the 35 foot wide landscape buffer along Eagle. There is cUlTently a 20 foot landscape buffer separating lot 1 from Loder Street. Applicant will provide an additional five oflandscaping to the existing landscape buffer. 2. 3. 4. 5. 6. 7. 8. 9. DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE 3 OF 9 10. A site plan for each building site, showing the elevations and building orientation, shall be submitted prior to issuance of a Certificate of Zoning Compliance application and/or building permit for that site. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein may, pursuant to Section 7 hereof, be terminated, and the zoning designation reversed, upon a material default by the "Owner" or "Owners" heirs, successors, assigns, of the terms hereof, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation ofthe "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 7.2 Notwithstanding the foregoing, if any default arises solely from the act or omission of a successor owner of any lot or parcel within the Property, the "City's" right to terminate this Agreement and reverse the zoning designation shall apply only to the specific lot or parcel owned by the defaulting party. 8. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notifY the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. 9.1 9.2 DEFAULT: In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance, subject to the provisions of Section 8 hereof. A waiver by "City" of any default by "Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE 4 OF 9 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 12.2 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, ifthe defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, ilTevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that installation of the improvements, which the "Owner" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all utilities, driveway approaches, common landscaping, and any other required common infrastructure improvements are completed, unless the "City" and "Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE 5 OF 9 15. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 with copy to: OWNER/DEVELOPER: Kimball Properties Limited Partnership PO Box 8204 Boise, ID 83707 City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE 6 OF 9 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. [signature page follows] DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE 7 OF 9 A CKN 0 WLEDG MENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER: CITY OF MERIDI Attest: ~ DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE 8 OF 9 STATE OF IDAHO, ) : ss: County of Ada, ) On this ]gtday of AIí/¡, & ,2005, before me, the undersigned, a Notary Public in and for said State, personall~ston H. Moore, known or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he duly acknowledged to me that he executed the within instrument on behalf of said partnership and that said partnership executed the same. IN WITNESS~H ö"¡thave hereunto set my hand and affixed my official seal the day and year in this ce . ~4~ written. ~ "'--e1-> '\ -' . 1\OTAIt,. \ \ (SEAL) (, _.~- J- AY~ CoH-zv-J \..p. ÞUB\..\c, I Notary Public for Idaho ~<.f- ..~o." Residing at: !Æ'ndlúV) ""lJ! OF }\')..,.,.' My Commission Expires: () -:;51 ,O~ -..01""'..' STATE OF IDAHO) : ss County of Ada ) On this )3'J. day of ~ u.s+ , 2005, before me, a Nornry Public, personally appeared Tammy de Weerd and Willi. Berg, Jr., know or IdentIfied 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. (SEAL) 11'" 11"",. 1111' " ......" ~:\.CB L. J' #"#. ,,~~ ",-\.~ .."".. "'....'~ :: ,\V.. .. "";-' ~ .. ... .../0. ... I ~OTA~ ...".... \ ~,: )-:: : -.- : '* : \, ./J(¡ r: :: ;- < BL \"'" c .. , \." , ,':: """"';"'~"'c,.",."".(;";"\l";.;'f-':: "". '. <: t" 1,," l ...." "'...",:..",,~::..¡.~~"" .h- DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE 9 OF 9 d W.H. MOORE COMPANY ReElI Estate Development EI Dando Bwi- Clmpw 1910 S. 8øniIo Way. tie. MIridÎ8II, IdeI1J 8IIIM2 P.O. Bod2IN 80i80.1d11lo 1D1Q7.22IM T8.EPH0NE (208) &1919/00( 8.7523 Date: August 16, 2005 RECEIVED AUG t r 2005 To: Mayor de Weerd and City Council City of Meridian 33 E. Idaho Ave. . Meri~ lei 83642 City of MeridiaD City ClArk Office From: Ionathan R. Seel Subject: Dorado Subdivision AZ ~OS-O19 PP-O5-024 CUP-OS-O31 We have reviewed the Amended Staff Report and Findin1'1 of Fact and Conclusion of Law and Decision & Order for the referenced development application. Although we believe staft'has addressed the conditions as approved by P1Mmi11g & ZoDiøg, they are dispersed through out numerous exhibits and reports. As this might cause some confusion we would like to outline our understaaiding of what was approved at the p1mming & Zoning Hearing for this project: 1. Notwithstanding the status of the Property as a planned development, no new buildings are approved for construction on that part of the Property identified as Lots 1,2, 3, 15, and 16 on the preliminary plat ~ched hereto as Exhibit B ex~ pursuant to an application for conditional use permit submitted to and approved by "City" prior to submittal of any Catificate of Zoning Comp1iaDce application and/or building permit. If the property within Overland Way Subdivision adjoining said Lots to the north and west ceases to be used for residenti.a1 purposes. this requirement sball be deemed waived with respect to any of said Lots which abut such adjoÜJing property. 2. Allow five foot landscape buffer. along the west perimeter oflots 13 and 14. Joseph Guenther Associate City Planner July 26, 2005 Page 2 3. A five foot perimeter landscape buffer will be allowed far lots 1,2,3,15 and 16 . with the applicant having 1he following options: - a) Provide a surety for this landscaping until conditional use approval is granted, or b) Install the required landscaping for lots 1,2,3, 15 and 16 with all other perimeter landscaping, and install altemative compliance landscaping upon conditional use approval (íf required). Alternative compliance will include a 6 feet high fence and added landscaping. 4. Allow a maximum height variance of 60 feet for the hotel use. 5. Drive thros as an allowed use for banks and restaurants. 6. Allowed uses are restaurant, retail, hotel, banks and office. 7. Alternative compliance allowing for the right..in-ontyentrance off of Eagle Road to be considered part of the 35 foot wide landscape buffer. . 8. Allow a detached sidewalk to be considered.part of the 35 foot wide landscape buffer along Eagle. 9. Applicant agreed to a development agreement. 10. Applicant will provide a plan for an amenity showing elevations and dimensions prior to City Council hearing. 11. There is cUIJ'eDt1y a 20 foot landscape buffer separating lot 1 from. Loder Street. Applicant will provide an additional five of1andscaping to the existing landscape buffer. Thanks for assistance in this -matter. . cc: Meridian City Clerk Anna Canning, Zoning Admhùs1rator Bll1 Nary, City Attorney CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 10.9 Acres from RUT (Ada County) to C-G (General Retail and Service Commercial) AND Preliminary Plat Approval of Sixteen (16) Commercial Lots AND Conditional Use Permit Approval for a Planned Development for a mixed commercial project of retail, hotel, restaurant, with drive-thrus for Dorado Subdivision, Kimball Properties, LLc. Case No(s): AZ-05-019, PP-05-024, CUP-05-031 For the City Council Hearing Date of: August 16, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the August 16, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ AZ-O5-019, PP-O5-024, CUP-O5-031- PAGE I of5 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Kimball Properties, LLC, W.H. Moore. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated April 1, 2005 as shown in Exhibit B, the Site Plan presented on July 7,2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ AZ-O5-019, PP-O5-024, CUP-O5-031- PAGE 2 of5 Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated April 1, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan presented July 7, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC ll-17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) Notice of Final Action and Right to Regulatory Takings Analysis E. 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ AZ-O5-019, PP-O5-024, CUP-O5-031- PAGE 3 of5 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, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. CUP/PD Findings By action of the City Council at its regular meeting held on the ,2005. F. Exhibits Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Legal Description Approved Preliminary Plat (with conditions) Approved Site Plan (with conditions) Annexation and Zoning Comments Preliminary Plat Site Specific and Standard Conditions CUP/PD Site Specific and Standard Conditions Zoning Amendment Findings Preliminary Plat Findings day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ AZ-O5-0 19, PP-O5-024, CUP-O5-031- PAGE 4 of 5 Mayor Tammy de Weerd Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ AZ-O5-019, PP-O5-024, CUP-O5-031- PAGE 5 of5 Dorado Subdivision Exhibit A EXHIBIT A Dorado Subdivision AZ-O5-019 Legal Description DESCRIPTION FOR DORADO SUBDIVISION APRIL 1, 2005 A PARCEL OF LAND LOCATED IN THE SE * OF THE SE Y. OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMEMCING AT THE SOUTHEAST CORNER OF SECTION 17, T.3 N., R. 1 E, 8.M., THENCE S 89"46'18" W 95.86 FEET ALONG THE SOUTH LINE OF SAID SECTION 17 TO A POINT; THENCE N 00°00'00" W 70.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF OVERLAND ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89°46'18" W 881.94 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO A POINT; THENCE N 00°07'14" W 148.00 FEET TO A POINT; THENCE N 89°46'18" E 300.90 FEET TO A POINT ON THE EASTERLY BOUNDARY OF OVERLAND WAY SUBDIVISION; THENCE N 00°06'14" W 586.38 FEET ALONG THE EASTERLY BOUNDARY OF OVERLAND WAY SUBDIVISION TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84; THENCE S 79°23'26" E 79.57 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84 TO A POINT; THENCE N 89°19'30" E 466.94 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84 TO A POINT; THENCE S 44°58'24" E 69.87 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84 TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; THENCE S 00°40'30" E 653.43 FEET ALONG THE WESTERLY RIGHT OF WAY OF_EAGLE ROAD TO A POINT; THENCE S 44°33'19" W 28.21 FEET ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD TO THE REAl POINT OF BEGINNING OF THIS DESCRIPTION. 18196SUB Dorado Subdivision Exhibit A - THIS PARCEL CONTAINS 10.90 ACRES, MORE OR LESS. MICHAEL E. MARKS, P.LS. NO.4998 18196SUB 184 3: ~N .- ,,~ pg o. o~ z'- ,....;,; . "" & "'- ~.. 3: i-) 'V = ,., -.tèo Il) ~.-,., CD to. W p~ all) :; a a ,., z a 89'46'18" E ,. a 300.90' 0 , I S 44'33'19" W (f) I 2~.2~~ S 89'46 18" W 881.94' N 00'00'°9" W/17 70.00 J' S 79'23'26" N 8919'30" E ""& I 79.57' E 466 94' &~ (;9.- Y'~ ~ ~ 0 œ: ~ ~ en 16 E O\£RLAND ROAD 95.86 20 21 S 89'46'18" W REVISIONS BOUNDARY EXHIBIT FOR DORADO SUBDIVISION SE 1/4 SECTION 17, T.3 N., R.1E., B.M. ADA COUNTY, IDAHO : M£M DATE: 4/5/05 SCALE:: 1""'200' - Stanley ConsuJtarm; N:~ 1940 $. BOt. me WAY SUITE 140 MERIDIAN. IDAHO 83t>42 208-288-0573 JOB NO. 18196 - - Dorado Subdivision Exhibit A Dorado Subdivision PP-OS-O24 Approved Preliminary Plat """,,~c=- . ì --~ I ':~:~::.:i",~~-..:..--=~ ..~~~=----=::~==-:-:--~!--' .=i --~~11) -!i ~~ ~!~ - - ~-;;- D r ~ - T~u ':'!I ~ - - ~l I i!~l ì' J!I " III' ~ j!i t,~, i!i' " /r.;;¿¿ 1.1 I ;i i /,/ / / ¡/ /f/'/ ~ -,! ~/' / 11'"; / / ¿?'/ / ~",,>.- f' I,' -,"-'/ I -- I , ,'-=---- ( ! --....._a! t ( It. [":,,~" ~"----~---.- '-"-,., -='?L-=~~ ,) ~~---::-L ' /" ~~----=~ <...,---=---------... ~/ m,' A"~~- ~~- / f' ./ .ø / / "r------. -'------- f ~/ // / I 7- "-~.~-, / // ( i 1M ff,.,i'; ¡Ii- ., ! , 11 8. . . , , '1/ : I', "I "¡-I:' )/:: ..1 If!l.d Jill . . PI IIi II,. Ii Ii:! =hi.1 il~ih'! ,I; ,..."q Iii EXHIBIT B fill if; i' !flìl ttf, f : ffin' mI. I 'I' i. 1'!8I' i : ;. 'fll ' : , I : J ,. ,.. ! . . II!n, lïP, ë: I - , ..... -. , f "..---/' /' / / , / I / ¡ / ///,'/ . / / / 1./ ,/ / / ff ~/ --/---1+-___, t¡ ~ / ~ t if I ~ i e \ ;' '" . ~~ .. *'=~~... 1M ..'------:-=~ ø' ....<_..,.",'~ ' -. ~H8 StaNey~...~.~, " :.:;;.~.. - '~""'-"~ Dorado Subdivision Exhibit B EXHIBIT C Dorado Subdivision PP-O5-024 Approved Site Plan 1-84 Off-Ramp "f',." ,-, ,..':_!.",K-"""!"'" " ~W"":¡"Jlliß!';~ ---L11 "",,"...,-.., """',.,.. '" u,,-..-.,,- "",,- - ~~i\ D J/.I'~, .,~-' X'" ' C:'~ ,f:.. ..._,~~~.¡~-.::.~ ;: ç 1', 1\ "r J' (-) ", r ", ";1 ~') ,]'\ , ~\i ~( '" " /". WJi;I~¿~~~~~s~~~r;.f:-li:' '... ',n"" Dorado Subdivision Exhibit C 1 '~ 1 EXHIBIT D Dorado Subdivision AZ-OS-O19 Annexation and Zoning Comments ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. 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. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: . All fut1:H'e uses OIl proposed lots or parcels within the annŒ,ation area shall be approved through the ConditioFlal Use Pøræit process. Prior to issuance of any building permit on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the conditions of ACHD and lTD. . Dorado Subdivision Exhibit D 4. EXHIBIT E Dorado Place Subdivision PP-O5-024 Preliminary Plat Site Specific and Standard Conditions SPECIAL CONSIDERATIONS-PRELIMINARY PLAT The Applicant shall maintain compliance with required development agreement and conditions of approval for the annexation and Planned Development of Dorado Subdivision, PP-05-024, CUP-O5-031 and all applicable conditions of approval for the commercial lots in a mixed use development. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS 1. There is sanitary sewer stubbed into this site from Overland Road. The Applicant shall be responsible to install any and all mains necessary to service this site. All lots shall be subject to sanitary sewer restrictions until such time as these sewer mains are installed. The Applicants engineer shall coordinate with the Public Works department for main sizing and routing, and execute City of Meridian standard forms of easements, for any mains that are required to provide servIce. 2. There is water stubbed into this site from Overland Road. The Applicant shall be responsible to install any and all mains necessary to service this site. The Applicants engineer shall coordinate with the Public Works department for main sizing and routing, and execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. Per MCC 12-13-10-4, maintain the existing 35-foot wide street buffer along Overland Road, Eagle Road, and the 1-84 Off ramp. All required street buffers shall be located beyond any future right-of-way and shall not include the width of the sidewalk. Show easements for all required buffers on the final plat. For Eagle Road frontage the applicant has obtained alternative compliance to allow the right-in only access and meandering sidewalk within the required 35-foot wide street buffer. The Dorado Business Owners Association shall maintain all required landscape buffers. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. Surety may be provided for required perimeter landscaping on Lots 1, 2, 3, 15, and 16 until detailed conditional use approval is granted Dorado Subdivision Exhibit E 9. 5. A perpetual vehicular cross access easement shall be provided to all lots within the subdivision. Said cross access shall be depicted on the final plat for Dorado Subdivision. 6. A detailed fencing and landscape plan, in compliance CUP-05-031 with MCC 12- 13, shall be submitted with the final plat application. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, unless deemed unnecessary by the City Arborist per Ordinance 12-13-13. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. The Applicant shall submit a tree removal/preservation plan at least 10 days prior to the City Council hearing 8. All internal landscaping shall be installed as follows in compliance with MCC 12-13 (references to lots are based on the preliminary plat dated 4/1/05) døpictod OR appreved landscape plaRS fer the indiTádual lots during the Conditional Use proeess aBEt prior to Certificatø of Zoæng Compliance process. 35' landscape buffer required on Overland Road. 35' landscape buffer required on Eagle Road (with allowed Alternative Complinace) 35' landscape buffer required on 1-84 entryway corridor 25' landscape buffer required from S. Loder Place right of way, currently there is a 20' open space lot which does not meet the standards of MCC 12-13. 5' landscape buffer required on west property lines of Lots 15 and 16 and portion of Lot 3, MCC12-13-12-4. 5' landscape buffer required on north property lines of Lots 1 and 2. 5' landscape buffer required on west property lines of Lots 13 and 14. The required landscaping for Lots 1, 2, 3, 15, and 16 may be amended during the conditional use approval process and prior to issuance of a Certificate of Zoning Compliance. The Applicant has indicated that Nampa Meridian Irrigation District will own and maintain the pressure inigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. Dorado Subdivision Exhibit E 10. As each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking and improve roadways. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. The Applicant has indicated that the entire northeast portion of this development will be receiving engineered backfill. 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. 12. Where sewer and water mains are not in the ACHD right-of-way, they shall be centered in a twenty-foot wide easement clear of any large landscaping and fixed vertical structures. 13. The preliminary plat depicts an ilTigation ditch running diagonally through this project. The Applicant shall determine any and all end users of this ditch. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. PRELIMINARY PLAT GENERAL REQUIREMENTS 1. 2. 3. 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any colTections necessary to conform. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Assessment fees for water and sewer service are detennined during the building plan review process. Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Dorado Subdivision Exhibit E 11. 12. 13. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. 6. The Applicants engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9':'1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. The Applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. The Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. Prior to signature on the final plat per Resolution 02-374. OTHER AGENCY /DEPARTMENT COMMENTS & CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Dorado Subdivision Exhibit E a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe hydrant location. e. Fire Hydrants shall be placed on corners when spacing pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D1O3.6 Signs. 6. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The 16 commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. Maintain a separation of5' from the building to the dumpster enclosure. Dorado Subdivision Exhibit E 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The Applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 13. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. 17. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D 1 05. ¿1CHD Site Specific Conditions of Approval 1. Utilize an existing 35-foot wide curb return type driveway that functions as a full access driveway and intersects Overland Road approximately 365-feet east of Bonito Way, as proposed. 2. Construct a 24-foot wide curb return type driveway that functions as a right- in/right-out driveway ONLY and intersects Overland Road approximately 235- feet west of Eagle Road. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road abutting the portion of the site that was not improved as a part of the intersection project (approximately 320-feet). Construct the sidewalk a minimum of 50-feet ttom the centerline of Eagle Road. Dorado Subdivision Exhibit E 7. 8. 4. Construct a 20-foot wide right-in ONLY driveway that intersects Eagle Road approximately 230-feet north of the curb line for Overland Road and construct a IS-foot wide (390-feet long) deceleration lane on Eagle Road to accommodate the right -in driveway ONLY. Coordinate the details with District staff in regard to the design and construction of the driveway and deceleration lane on Eagle Road. Construct a 6-inch raised median in Eagle Road to restrict the driveway to provide a right-in movement ONLY. 5. Other than the access points that have specifically been approved with this application, direct lot access to Overland Road and Eagle Road is prohibited. Place a note on the final plat that states this access restriction. 6. Comply with all Standard Conditions of Approval. A CHD Standard Conditions of 4ooroval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. Dorado Subdivision Exhibit E 11. 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of-way. The Applicant at no cost to ACHD shall repair existing utilities damaged by the Applicant. The Applicant shall be required to call DIG LINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change ITom the Ada County Highway District. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its Successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Dorado Subdivision Exhibit E EXHIBIT F Dorado Subdivision CUP-O5-031 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (CONDJTIONAL ~T/PD)\ 1. All conditions of the accompanying Annexation and Zoning application (including the Development Agreement), and Preliminary Plat application shall also be considered conditions of the Conditional Use/PD application. 2. No new buildings are approved for construction under this conceptual CUP/PD application (File No. CUP-05-031). All future buildings on Lots 1, 2, 3, 15, and 16 shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit. 3. At this first public hearing, the Applicant shall provide specific infonnation regarding the two amenities, as required by 12-6-3 for the Planned Development. 4. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. All vehicular use areas shall be paved in accordance with Meridian City Code. 5. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 6. Unless a waiver is specifically granted by City Council, all ilTigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. All fencing shall be installed in accordance with MCC 12-4-10. If no permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream Dorado Subdivision Exhibit F 14. 15. provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. The Applicant will be responsible to construct the water mains to and through this proposed development (looped). Project designer to coordinate main sizing and routing and new easements with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 10. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". 11. A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping in compliance with Preliminary Plat Site Specific Condition #8 shall be submitted to the City Clerk's office at least ten (10) days prior to the next public hearing for this application. 12. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Site Specific Conditional Approval, Certificate of Zoning Compliance (CZC) submittal, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.c. 13. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Conditional Use or Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. Dorado Subdivision Exhibit F 16. At some point in the future, if the properties in Overland Way Subdivision west of the site develop in a commercial zoning designation prior to individual conditional use approval that the site specific conditions of approval related to Lots 1, 2, 3, 15, and 15 of the proposed Dorado Subdivision will be void. GENERAL REOUI~ 1. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.c. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 3. It is the Applicant's responsibility to ensure that all construction conforms to the requirements of the Americans with Disabilities Act. 4. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Dorado Subdivision Exhibit F EXHIBIT G Dorado Subdivision AZ-O5-0 19 Zoning Amendment Findings According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the foHowing standards and shaH find adequate evidence answering the following questions about the proposed zoning amendment." Thefollowing is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Regional". Meridian City Code (MCC) 11-7- 2.1. states the purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as weH as retail sales for the transient and permanent motoring public." The following Comprehensive Plan policies also support the annexation and proposed retail/fuel service use (stG;ff analysis is in italics below policy): . "Permit new. . . commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Sanitary sewer, municipal water, solid waste and other services exist to this area of Meridian. The subject site is readily serviceable by City of Meridian's sanitary sewer and water systems. These connections have not been defined and required detailed approval from Public Works prior to final approval. One of the comments received from the Fire Department states that the location has several items of concern that would require compliance upon approval of a detailed site plan and/or subdivision and/or conditional use permit issuance. . "Require all new parking lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) Dorado Subdivision Exhibit G Dorado Subdivision Exhibit G The Site Plan submitted with the future detailed CUP applications for this property shall show internal planters, as required. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal!, Objective B) The proposed and existing uses do provide a variety of commercial uses in this area, as envisioned with the Comprehensive Plan. . "Locate new community commercial areas on arterials. . .near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) The subject property has frontage on two arterial roadways. The existing uses adjacent to this site are existing residential uses but are anticipated to develop as commercial uses in the Comprehensive Plan. Because the adjoining properties are still somewhat rural in nature (not annexed), the development of retail uses as described in the Conceptual plan may complement the existing uses for several years. Depending on how the rest of the site builds-out, this development mayor may not compliment adjoining residential developments to the west of the site. The proposed commercial uses are located closest to the intersection of the interstate and two principle arterial roadways. A 35-foot wide street buffer is shown along Eagle Road and a 35- foot wide street buffer is shown along Overland Road, designed in part to mitigate potential negative impacts upon the vehicular traffic ¡rom 1-84 on Eagle Road. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) Access to Eagle Road and Overland Road including right-in/right- out and shared accesses allowing travel towards the east/Eagle Road are subject to the conditions of ACHD. No north bound turning shall be allowed on Eagle Road. A cross access agreement within the properties at the future property boundaries will be required so the cuts can be shared with adjacent development. In addition, access to the 1-84 off ramp is prohibited in compliance with lTD. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Stafffinds that the existing building setbacks, landscape inadequacies, and the potential for redevelopment create a unique situation for the site. In order to mitigate anticipated problems a development agreement will be required and detailed Conditional Use Permits should be considered. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The Applicant has addressed the requirement to install landscaping adjacent to the existing ojl-site residential uses. The Applicant has requested approval to reduce the standard landscape buffer width from 25' to 5 '. Staff has included conditions that require standard setbacks for landscaping and buildings to be installed upon receipt of a detailed development proposal and prior to issuance of any building permits. . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" fÌom the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The regional Multi-Use pathway is shown on the Future Land Use Map for this site. Properties in the near vicinity have oriented this pathway system closer to Locust Grove Road. Given the future Locust Grove Road overpass being constructed, the existing pathway locations. on-street bike paths on Overland Road, and the dangerous nature of the Eagle Road overpass, staff feels the requirement for a multiuse pathway on this site should be waived in javor of a location to cross 1-84 being located at Locust Grove Road. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the Applicant intends to rezone the subject property in the future. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; Dorado Subdivision Exhibit G Staff finds that the Applicant has not submitted a detailed development plan for the mixed uses on the property. Staff further finds that the proposed restaurants, proposed hotel, and proposed bank businesses are allowed within the appropriate zoning designations in this mixed use area, however since the projects are conceptual in nature and require detailed public works approval, all uses on this site shall obtain a conditional use permit, or the Applicant must submit a detailed development plan of such quality that Public Works and the Meridian Fire Department are able to make appropriate comments. See Conditional Use/PD Site Specific Approval #2. The purpose of the C-G District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11- 7-2.K). Staff finds that the proposed uses principally permitted uses in the C-G zone and consistent with the C-G purpose. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; El Dorado and Silverstone Business developments have recently been annexed and developed with commercial land uses in this area. There are several developments in the area that have developed in a fashion similar to the proposed rezone area. Overland Road has recently been widened and improved. Eagle Road south of the interstate has recently been widened and improved at the Eagle/Overland Intersection. . The intersection of Overland Road/Eagle Road is a signalized, controlled intersection. The Commission and Council should rely on the preceding facts and any public testimony to determine whether the changes in the area dictate that this area should be annexed into the City and zoned C-G at this time. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed C-G zone with the proposed retail, office and hotel uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as government offices. Dorado Subdivision Exhibit G F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; There are no existing uses on this site. The site does have a floodplain which will require engineering and mitigation prior to building(s) closest to the Five Mile Creek. Staff feels this section of floodplain can be addressed by the Applicant to mitigate any future impacts to proposed tenants. Appropriate buffers should be required on the north and west boundaries of this development, as the abutting uses are less-intense than the proposed uses (see MCC 12-13-12-4). The Commission and Council should rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the recent roadway improvements to Overland Road should be adequate to serve this project if the majority of traffic is directed to Eagle Road from Overland Road. Based on recent correspondences, ACHD does not anticipate additional right-of-way and/or a frontage road adjacent to/through this property. Improvements to Overland Road in this area have taken place in the recent past including the signalization at Eagle Road, improvements are not anticipated within the next 20 years. Based on past colTespondence with ACHD, Planning staff believes that this site will add a significant amount of traffic to the roadway system upon build out. This site has over 880 feet of frontage on Overland Road and approaches an intersection with Loder Place. Based on future commercial development applications staff is conditioning that the Applicant enter into a development agreement with the City to ensure improvements (landscaping, future road intersections.) to the west property boundary, be subject to ACHD requirements with no offsite access to the west during construction, with site-specific standards conditions to be met in accordance with approval of the subject development. On May 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as the proposal does not detail the uses or internal circulation. Because the Applicant has not identified all future buildings within this development, such buildings will be subject to further review and comments by Meridian Fire Department. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Dorado Subdivision Exhibit G J. K. Staff finds that the property proposed for annexation can be served adequately by all essential public facilities and services as conditioned. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If this annexation/development is approved, the developer will be financing the extension of sewer, water, locallinternal street infTastructure, utilities and ilTigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost. I. Will the proposed uses 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; Staff finds that the proposed uses do not involve activities, processes, materials, equipment or conditions that could produce excessive traffic, noise, fumes and/or odors, as well as other negative public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would prevent negative effects. In order to establish guidelines to mitigate the anticipated impacts of the proposed uses. the Applicant should be required to submit a conditional use permit for each building/use on this site (see conditional use site specific condition of approval #2). Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that any future uses may impact the level and flow of traffic on the surrounding roadways. Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). ACHD has made comment and has indicated that they will approve the proposed access points, see ACHD site specific conditions of approval. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The Five-Mile Creek floodplain is a natural feature that may be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. Dorado Subdivision Exhibit G L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" Due to the existing residential uses to the west, and the large percentage of the site that is within the Five Mile Creekfloodplain, development of this site for commercial purposes is difficult. Although staff anticipates that the properties to the west will re-develop in the near future with higher and better uses, the City should protect the existing uses until they do re-develop by requiring appropriate landscape buffers and other provisions. Staff finds that the annexation and zoning of this property, as mitigated through a development agreement, may be in the best interest of the City for thefollowing reasons: . other developments in the area have developed in a fashion similar to the proposed rezone area (commercial); . municipal sanitary sewer and water systems are readily available to provide servIce; . the proposed retail, office and hotel uses involve activities, processes, materials, equipment and/or conditions that will not produce excessive additional traffic, noise, fumes and/or odors, as well as other negative public impacts that can be mitigated through future development ofthe site; and, . the other reasons listed in the findings above. The Planning and Zoning Commission and City Council should consider whether they have sufficient information on the Applicant's proposal to determine ifthe annexation is within the best interest of the City at this time. Dorado Subdivision Exhibit G EXHIBIT H Dorado Subdivision PP-OS-O24 Preliminary Plat Findings PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3.5 D read as follows: "In detennining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the CUITent zoning designation is in general compliance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Regional." The comprehensive plan also identifies a multi use pathway connecting the site to adjacent properties within the development. The Applicant has indicated the pedestrian/multiuse pathway shall be re-Iocated off site due to safety concerns. The pathway system should be relocated to the Future Locust Grove Road Overpass. Generally, the Mixed Use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. Sample Uses are listed as entertainment, clean industry, and major employers. The office and retail uses are similar to the sample uses listed on Page 98 Chapter VII of the Meridian City Comprehensive Plan. The proposed commercial uses within the subdivision are pennissible under the land use provisions of the MCC (11-8-1.) Therefore, Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan b. The availability of public services to accommodate the proposed development; Staff finds that this development will not cause excessive additional requirements at public cost. The property has existing sewer and water stubs served adequately by all essential public facilities and services in Overland Road. The Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties to the west. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and iITigation, the subdivision will not require the expenditure of capital improvement funds. Dorado Subdivision Exhibit H d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. See item b. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. No hazardous natural features have been identified on the site. Dorado Subdivision Exhibit H B. C. D. EXHIBIT I Dorado Subdivision CUP-O5-031 CUP/PD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit ifthey shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Due to the lack of a detailed planned development, staff is unable to fully analyze the impacts ofthe proposal. The requirement of individual conditional use permits should mitigate the need for an overall site plan as the landscaping, parking and amenities shall be submitted in accordance with future approvals. No amenities are shown on the conceptual plan. The Applicant shall provide a minimum oftwo amenities as required by 12-6-3. The Applicant should specify these amenities to the Planning and Zoning Commission at the hearing. The DA should include the specific amenities. Staff finds that the site should be large enough to accommodate the proposed setbacks, landscaping, etc if developed under conditional approval for each uselbuilding. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see the findings in the Comprehensive Plan Analysis portion of this report. 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; Please see the findings in section "E" and "F" of the Annexation portion of this report. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Dorado Subdivision Exhibit I H. I. The Applicant has requested a reduction of the 25' commercial to residential landscape buffer to 5' oflandscaping for the property adjacent to Overland Way Subdivision. The Applicant has also requested allowance of drive-thrus and an alternate height standard from the required 40' to the requested 60'. Staff does not support the waiver of these requirements but feels that the Applicant should be given the opportunity to address alternative landscape compliance, bulk requirements, and MCC standards during site specific conditional approvals for this site. The Planning and Zoning Commission and City Council should consider whether they have sufficient information on the Applicant's proposal to approve any reduction in standards at this time. Also, see the findings in sections "I" and "J" of the Annexation portion of this report. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see the findings in section "G" of the Annexation portion of this report. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see the findings in sections "G", "H" and "I" of the Annexation portion of this report. G. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see the findings in sections "1" and "J" of the Annexation portion of this report. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see the findings in section "]" ofthe Annexation portion of this report. 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. Dorado Subdivision Exhibit I Please see the findings in section "K" of the Annexation portion of this report. Dorado Subdivision Exhibit I MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Roundtree ..,'f!f1 ~., olfe;;dl~~ - ~ \ ~ IDAHO Ý ,À Þ ~ . ~~f';J¡ . ~TAEJ\S~ "SINC' --= 1903 CITY HALL / LEGAL (208) 888-4433 'Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 STAFF REPORT: Transmittal Date: July 1, 2005 P&Z Hearing Date: July 7, 2005 City Council Hearing Date: August 16, 2005 To: Mayor, City Council and Planning & Zoning Commission AMENDED FOR CITY COUNCIL AUGUST 16,2005 From: ¿~- Joseph Guenther, Associate City Planner / Mike Cole, Development Services Coordinator rY\ (.. Subject: Dorado Subdivision . Annexation/Rezone (AZ) approval of 10.9 acres from RUT (Ada County) to C-G (General Retail and Service Commercial), by Kimball Properties, LLC. (File No. AZ-05-019) . Preliminary Plat (PP) approval of 16 commercial lots on 10.9 acres by Kimball Properties, LLC. (File No. PP-05-024) . Conditional Use Permit approval for a Planned Development Consisting of a mixed commercial project of retail, hotel, restaurant, with drive-thru on 10.9 Acres in a Proposed C-G Zone, by Kimball Properties, LLC. (File No. CUP- 05-031) APPLICATIONS SUMMARY The Applicant, Kimball Properties, has applied for Annexation/Zoning (AZ) approval of a conceptual commercial subdivision on 10.9 acres within the proposed C-G zone and within the Meridian entryway corridor designation. The Planned Development and Preliminary Plat are conceptual in nature and expected to change. The site is located at the Northwest corner of Overland Road and Eagle Road. The subject development is eligible for annexation as it lies contiguous to the City of Meridian on three sides and is within the urban service area. The proposed lots will be for assorted retail and office uses. The site is currently vacant. The Applicant is requesting conceptual approval for annexation purposes and has submitted a preliminary plat and planned development for approval on July 7, 2005. AZ-O5-019. PP-O5-024. CUP-O5-031 Dorado.AZ.PP.CUP Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 2 This property is currently zoned RUT in Ada County and is designated in the City's Comprehensive Plan as "Mixed Use-Regional". A CUP/PD application is required as all Mixed Use Regional locations require a Planned Development within three hundred feet of a residence (Meridian Comprehensive Plan, Page 98). Overland Way Subdivision (Ada County R-1) is located immediately west of the subject site. The Applicant has not submitted detailed plans for the proposed or existiHg projects aOO is requesting only conceptual approval at this time. All future development '.vithin the boundaries of the site will reqtlire a detailed conditional use permit and! or future Prelimffiary Plat approval for relocation of property lines. Applicant has addressed the landscaping and other land use buffers adjacent to Overland and Eagle Road in the landscape plan shown as L-1 dated April 2005. The required buffers as per MCC 12-13 are 25' from commercial to residential (Overland Way Subdivision) and 35 feet for all entryway corridors, Eagle/Overland/I-84 Off ramp. The Applicant has shown a 50' wide landscape buffer on the 1-84 off ramp; however this is listed as an undefined roadway within an entryway corridor. Entryway corridors require a 35' landscape buffer, which will be required for the north property line. The Applicant has submitted a Planned Development application with the Annexation and Plat. With the Planned Development the Applicant has requested amending the landscape requirement between a commercial property and a residential property from 25' to 5', amending the height requirement from 40' to 60', and making a bank/restaurant drive-thru a permitted use. Staff does Rot S1:lpport the requested ameoomems to the dimoflsional standards. See Conditional Use Analysis for staff's requirements. The proposed open space / amenities have not been addressed upon Preliminary Plat, Planned Development, or Conditional Use approval. The Planned Development is required to provide two amenities listed in MCC 12-6, staff anticipates the amenities to be provided with the individual use or detailed Planned Development approval as required. The Applicant is considering two new access points and one existing access point: one new access onto Overland road (designated right in/right out only), a Collector roadway, and one right in only access point onto Eagle Road, a principal arterial roadway. Eagle Road south of 1- 84 and Overland Road are under the jurisdiction of the Ada County Highway District (ACHD), ACHD has indicated approval of access at these locations. See the "Findings" in the Annexation & Zoning section of this report, and the correspondence ftom ACHD for detailed analysis of the proposed access points. Staff has provided a general analysis for the requested annexation and zoning, preliminary plat, and planned development applications below. Staff is recommending aooroval of the subject annexation (AZ-O5-019) preliminary plat (PP- 05~O24) and Planned Development (CUP-O5-0J1) subject to the comments and conditions included in this report. AZ-OS-O19. PP'OS-O24. CUP-OS-O3! Do,'ado,PP,AZ.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 3 LOCATION The subject site is located on the Northwest corner of Eagle Road and Overland Road, within Section 17, Township 3 North, Range 1 East. SURROUNDING PROPERTIES North - Interstate 84 South - Bonito Subdivision #1, City Zoning C-C East - Overland Road, Ada County Zoning RlIRUT West - Overland Way Subdivision, Ada County Zoning Rl OWNER OF RECORD The property owners of record are Kimball Properties, LLC and W.H. Moore, President, has provided notarized consent for Steve Arnold - Stanley Consultants, to submit the subject applications. ANNEXATION AND ZONING FINDINGS The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission. The subject property is within the Urban Service Planning Area. Because there are no CUlTent uses on this site, staff has combined the analysis of use with the annexation and zoning findings. According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed U se- Regional". Meridian City Code (MCC) 11-7-2.1. states the purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." The following AZ-O5-019. PP-OS-O24, cUP-OS-O3 Dorado.PP.AZ.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 4 Comprehensive Plan policies also support the annexation and proposed retail/fuel service use (staff analysis is in italics below policy): . "Pennit new. . .commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Sanitary sewer, municipal water, solid waste and other services exist to this area of Meridian. The subject site is readily serviceable by City of Meridian's sanitary sewer and water systems. These connections have not been defined and required detailed approval from Public Works prior to final approval. One of the comments received from the Fire Department states that the location has several items of concern that would require compliance upon approval of a detailed site plan and/or subdivision and/or conditional use permit issuance. . "Require all new parking lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) The Site Plan submitted with the future detailed CUP applications for this property shall show internal planters, as required. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The proposed and existing uses do provide a variety of commercial uses in this area, as envisioned with the Comprehensive Plan. . "Locate new community commercial areas on arterials. . .near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) The subject property has frontage on two arterial roadways. The existing uses adjacent to this site are existing residential uses but are anticipated to develop as commercial uses in the Comprehensive Plan. Because the adjoining properties are still somewhat rural in nature (not annexed), the development of retail uses as described in the Conceptual plan may complement the existing uses for several years. Depending on how the rest of the site builds-out, this development mayor may not compliment adjoining residential developments to the west of the site. The proposed commercial uses are located closest to the intersection of the interstate and two principle arterial roadways. A 35-foot wide street buffer is shown along Eagle Road and a 35-foot wide street buffer is AZ-OS-OI9, PP.OS.O24, CUP-OS-O3! Dorado.PP_Al..CUP_doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 5 shown along Overland Road, designed in part to mitigate potential negative impacts upon the vehicular traffic from 1-84 on Eagle Road. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) Access to Eagle Road and Overland Road including right-in/right-out and shared accesses allowing travel towards the east/Eagle Road are subject to the conditions of ACHD. No north bound turning shall be allowed on Eagle Road. A cross access agreement within the properties at the future property boundaries will be required so the cuts can be shared with adjacent development. In addition, access to the 1-84 off ramp is prohibited in compliance with lTD. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Staff finds that the existing building setbacks, landscape inadequacies, and the potential for redevelopment create a unique situation for the site. In order to mitigate anticipated problems a development agreement will be required and detailed Conditional Use Permits should be considered. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The Applicant has addressed the requirement to install landscaping adjacent to the existing off-site residential uses. The Applicant has requested approval to reduce the standard landscape buffer width from 25' to 5 '. Staff has included conditions that require standard setbacks for landscaping and buildings to be installed upon receipt of a detailed development proposal and prior to issuance of any building permits. . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The regional Multi-Use pathway is shown on the Future Land Use Map for this site. Properties in the near vicinity have oriented this pathway system closer to Locust Grove Road. Given the future Locust Grove Road overpass being constructed, the existing pathway locations, on-street bike paths on Overland Road, AZ.O5-019. PP-OS.O24, cUP-OS-O3! Dorado.PP.AZ.CUP.doc E. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 6 and the dangerous nature of the Eagle Road overpass, staff feels the requirement for a multiuse pathway on this site should be waived in favor of a location to cross 1-84 being located at Locust Grove Road. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the Applicant intends to rezone the subject property in the future. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; Staff finds that the Applicant has not submitted a detailed development plan for the mixed uses on the property. Staff further finds that the proposed restaurants, proposed hotel, and proposed bank businesses are allowed within the appropriate zoning designations in this mixed use area, however since the projects are conceptual in nature and require detailed public works approval, all uses on this site shall obtain a conditional use pelTllit, or the Applicant must submit a detailed development plan of such quality that Public Works and the Meridian Fire Department are able to make appropriate comments. See Conditional Use/PD Site Specific Approval #2. The purpose of the C-G District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11- 7-2.K). Staff finds that the proposed uses principally permitted uses in the C-G zone and consistent with the C-G purpose. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; El Dorado and Silverstone Business developments have recently been annexed and developed with commercial land uses in this area. There are several developments in the area that have developed in a fashion similar to the proposed rezone area. Overland Road has recently been widened and improved. Eagle Road south of the interstate has recently been widened and improved at the Eagle/Overland Intersection. . The intersection of Overland Road/Eagle Road is a signalized, controlled intersection. The Commission and Council should rely on the preceding facts and any public testimony to determine whether the changes in the area dictate that this area should be annexed into the City and zoned C-G at this time. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; AZ-D5-D19, PP-O5-024, CUP-DS-OJI Dorado.PP.ALCUP,doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 7 Staff finds that the proposed C-G zone with the proposed retail, office and hotel uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as government offices. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; There are no existing uses on this site. The site does have a floodplain which will require engineering and mitigation prior to building(s) closest to the Five Mile Creek. Staff feels this section of floodplain can be addressed by the Applicant to mitigate any future impacts to proposed tenants. Appropriate buffers should be required on the north and west boundaries of this development, as the abutting uses are less-intense than the proposed uses (see MCC 12-13-12-4). The Commission and Council should rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the recent roadway improvements to Overland Road should be adequate to serve this project if the majority of traffic is directed to Eagle Road from Overland Road. Based on recent colTespondences, ACHD does not anticipate additional right-of- way and/or a frontage road adjacent to/through this property. Improvements to Overland Road in this area have taken place in the recent past including the signalization at Eagle Road, improvements are not anticipated within the next 20 years. Based on past correspondence with ACHD, Planning staff believes that this site will add a significant amount of traffic to the roadway system upon build out. This site has over 880 feet of frontage on Overland Road and approaches an intersection with Loder Place. Based on future commercial development applications staff is conditioning that the Applicant enter into a development agreement with the City to ensure improvements (landscaping, future road intersections.) to the west property boundary, be subject to ACHD requirements with no offsite access to the west during construction, with site-specific standards conditions to be met in accordance with approval of the subject development. On May 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as the proposal does not detail the uses or internal circulation. Because the Applicant has not identified all future buildings within this development, such buildings will be subject to further review and comments by Meridian Fire Department. AZ-O5-0 19, PP-O5-024, CUP-O5-031 Dorado.PP.AZ.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 8 The Commission and Council should reference any written or verbal'testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for annexation can be served adequately by all essential public facilities and services as conditioned. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Ifthis annexation/development is approved, the developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and ilTigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost. I. Will the proposed uses 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; Staff finds that the proposed uses do not involve activities, processes, materials, equipment or conditions that could produce excessive traffic, noise, fumes and/or odors, as well as other negative public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would prevent negative effects. In order to establish guidelines to mitigate the anticipated impacts of the proposed uses. the Applicant should be required to submit a conditional use permit for each building/use on this site (see conditional use site specific condition of approval #2). J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that any future uses may impact the level and flow of traffic on the surrounding roadways. Chapter VII ofthe Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). ACHD has made comment and has indicated that they will approve the proposed access points, see ACHD site specific conditions of approvaL K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The Five-Mile Creek floodplain is a natural feature that may be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial AZ-OS-O19, pr-OS-O24, cur-OS-O3 ¡ Dorado.PP.AZ.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 9 uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" Due to the existing residential uses to the west, and the large percentage of the site that is within the Five Mile Creek floodplain, development of this site for commercial purposes is difficult. Although staff anticipates that the properties to the west will re-develop in the near future with higher and better uses, the City should protect the existing uses until they do re-deve10p by requiring appropriate landscape buffers and other provisions. Staff finds that the annexation and zoning of this property, as mitigated through a development agreement, may be in the best interest of the City for the following reasons: . other developments in the area have developed in a fashion similar to the proposed rezone area (commercial); . municipal sanitary sewer and water systems are readily available to provide sendce; . the proposed retail, office and hotel uses involve activities, processes, materials, equipment and/or conditions that will not produce excessive additional traffic, noise, fumes and/or odors, as well as other negative public impacts that can be mitigated through future development of the site; and, . the other reasons listed in the findings above. The Planning and Zoning Commission and City Council should consider whether they have sufficient information on the Applicant's proposal to determine if the annexation is within the best interest of the City at this time. ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. 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. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance AZ-O5-019, PP-O5-024, CUP.O5.031 DOl'ado,PP.AZ,CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 10 adoption), and the developer. The Applicant shall contact the City Attomey, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: . All future uses on proposed lots or pfffeels vlÎthin the æmexation fffea shall be appro';ed through the Conditional Use Permit proeess. Prior to issuance of any building permit on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the conditions of ACHD and lTD. . PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the CUlTent zoning designation is in general compliance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use RegionaL" The comprehensive plan also identifies a multi use pathway connecting the site to adjacent properties within the development. The Applicant has indicated the pedestrian/multiuse pathway shall be re-10cated off site due to safety concerns. The pathway system should be relocated to the Future Locust Grove Road Overpass. Generally, the Mixed Use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. Sample Uses are listed as entertainment, clean industry, and major employers. The office and retail uses are similar to the sample uses listed on Page 98 Chapter VII of the Meridian City Comprehensive Plan. The proposed commercial uses within the subdivision are permissible under the land use provisions of the MCC (11-8-1.) Therefore, Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan b. The availability of public services to accommodate the proposed development; Staff finds that this development will not cause excessive additional requirements at public cost. The property has existing sewer and water stubs served adequately by all essential public facilities and services in Overland Road, The Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties to the west. c. The continuity of the proposed development with the capital improvement program; AZ-O5-019, PP.O5-024, CUP.O5-0J! Dorado,PP,AZ,CUP,doç Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 11 Staff finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and ilTigation, the subdivision will not require the expenditure of capital improvement funds. d. The public fmancial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. See item b. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or enviromnental problems associated with this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. No hazardous natural features have been identified on the site. SPECIAL CONSIDERATIONS-PRELIMINARY PLAT The Applicant shall maintain compliance with required development agreement and conditions of approval for the annexation and Planned Development of Dorado Subdivision, PP-05-024, CUP-05-031 and all applicable conditions of approval for the commercial lots in a mixed use development. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS 1. There is sanitary sewer stubbed into this site from Overland Road. The Applicant shall be responsible to install any and all mains necessary to service this site. All lots shall be subject to sanitary sewer restrictions until such time as these sewer mains are installed. The Applicants engineer shall coordinate with the Public Works department for main sizing and routing, and execute City of Meridian standard forms of easements, for any mains that are required to provide service. 2. There is water stubbed into this site from Overland Road. The Applicant shall be responsible to install any and all mains necessary to service this site. The Applicants engineer shall coordinate with the Public Works department for main sizing and routing, and execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. Per MCC 12-13-10-4, maintain the existing 35-foot wide street buffer along Overland Road, Eagle Road, and the 1-84 Off ramp. All required street buffers shall be located beyond any future right-of-way and shall not include the width of the sidewalk. Show easements for all required buffers on the final plat. For Eagle Road frontage the applicant has obtained alternative compliance to allow the right-in only access and meandering sidewalk within the required 35-foot wide street buffer. The Dorado Business Owners Association shall maintain all required landscape buffers. AZ"OS-O 19, PP.OS.O24. CUP-OS-O3! Dorlldo.PP.AZ.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 12 4. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. Surety may be provided for required perimeter landscaping on Lots 1, 2, 3, 15, and 16 until detailed conditional use approval is granted 5. A perpetual vehicular cross access easement shall be provided to all lots within the subdivision. Said cross access shall be depicted on the final plat for Dorado Subdivision. 6. A detailed fencing and landscape plan, in compliance CUP-05-031 with MCC 12-13, shall be submitted with the final plat application. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, unless deemed unnecessary by the City Arborist per Ordinance 12-13 -13. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. The Applicant shall submit a tree removal/preservation plan at least 10 days prior to the City Council hearing 8. All internal landscaping shall be installed as follows in compliance with MCC 12-13 (references to lots are based on the preliminary plat dated 4/1/05) depieted on approved landscape plans fur the individual lots during the Conditional Use process and prior to Cørtificate of Zoning Compliance process. 35' landscape buffer required on Overland Road. 35' landscape buffer required on Eagle Road (with allowed Alternative Compliance) 35' landscape buffer required on 1-84 entryway corridor 25' landscape buffer required from S. Loder Place right of way, currently there is a 20' open space lot which does not meet the standards of MCC 12-13. 5' landscape buffer required on west property lines of Lots 15 and 16 and portion of Lot 3, MCC12-13~12-4. 5' landscape buffer required on north property lines of Lots 1 and 2. 5' landscape buffer required on west property lines of Lots 13 and 14. The required landscaping for Lots 1, 2, 3, 15, and 16 may be amended during the conditional use approval process and prior to issuance of a Certificate of Zoning Compliance. 9. The Applicant has indicated that Nampa Meridian lITigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. AZ-O5-019, PP.O5.024. CUP.O5.031 Dorado.PP_AZ_CUP_doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 13 10. As each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking and improve roadways. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. The Applicant has indicated that the entire northeast portion of this development will be receiving engineered backfill. 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. 12. Where sewer and water mains are not in the ACHD right-of-way, they shall be centered in a twenty-foot wide easement clear of any large landscaping and fixed vertical structures. 13. The preliminary plat depicts an irrigation ditch running diagonally through this project. The Applicant shall determine any and all end users of this ditch. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. PRELIMINARY PLAT GENERAL REQUIREMENTS 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan reVIew process. 4. Two-hundred-tìfty-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. AZ-OS-O19. PP-OS-O24. cUP-OS-O3! Dorado.PP.AZ.CUP.doc 13. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 14 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. 6. The Applicants engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Show all existing and proposed easements for ilTigation/drainage facilities located within the boundaries of this proposed development. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. 11. The Applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 12. The Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. Prior to signature on the final plat per Resolution 02-374. CONDITIONAL USE/PD PERMIT ANALYSIS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find; evidence presented; at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Due to the lack of a detailed planned development, staff is unable to fully analyze the impacts of the proposal. The requirement of individual conditional use permits should AZ.O5.019. PP-O5-024, CUP.O5-031 Dorado.PP.AZ.CUP.doc E. F. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 15 mitigate the need for an overall site plan as the landscaping, parking and amenities shall be submitted in accordance with future approvals. No amenities are shown on the conceptual plan. The Applicant shall provide a minimum of two amenities as required by 12-6-3. The Applicant should specify these amenities to the Planning and Zoning Commission at the hearing. The DA should include the specific amenities. Staff finds that the site should be large enough to accommodate the proposed setbacks, landscaping, etc if developed under conditional approval for each use/building. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see the findings in the Comprehensive Plan Analysis portion of this report. c. 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; Please see the findings in section "E" and "F" of the Annexation portion of this report. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; The Applicant has requested a reduction of the 25' commercial to residential landscape buffer to 5' oflandscaping for the property adjacent to Overland Way Subdivision. The Applicant has also requested allowance of drive-thrus and an alternate height standard from the required 40' to the requested 60'. Staff does not support the waiver of these requirements but feels that the Applicant should be given the opportunity to address alternative landscape compliance, bulk requirements, and MCC standards during site specific conditional approvals for this site. The Planning and Zoning Commission and City Council should consider whether they have sufficient information on the Applicant's proposal to approve any reduction in standards at this time. Also, see the findings in sections "I" and "J" of the Annexation portion of this report. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see the findings in section "G" of the Annexation portion of this report. That the proposed use will not create excessive additional requirements at public AZ-O5-019, PP.O5-024, CUP-O5-031 Dorado,PP,AZ.CUP.doc 3. 4. 5. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 16 cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see the findings in sections "G", "H" and "I" of the Annexation portion of this report. G. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see the findings in sections "I" and "]" of the Annexation portion of this report. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see the findings in section "]" of the Annexation portion of this report. I. 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. Please see the findings in section "K" of the Annexation portion of this report. SITE SPECIFIC CONDITIONS (CONDITIONAL USE ~IT/PD) 1. All conditions of the accompanying Annexation and Zoning application (including the Development Agreement), and Preliminary Plat application shall also be considered conditions of the Conditional UseIPD application. 2. No new buildings are approved for construction under this conceptual CUPIPD application (File No. CUP-05-031). All future buildings on Lots 1, 2, 3, 15, and 16 shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit. At this first public hearing, the Applicant shall provide specific information regarding the two amenities, as required by 12-6-3 for the Planned Development. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. All vehicular use areas shall be paved in accordance with Meridian City Code. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. AZ-OS-OI9, PP-OS-O24. CtJP-O5.031 Dorado.PP.AZ.CUP.doc 11. 12. 13. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 17 6. Unless a waiver is specifically granted by City Council, all ilTigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. All fencing shall be installed in accordance with MCC 12-4-10. If no permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. The Applicant will be responsible to construct the water mains to and through this proposed development (looped). Project designer to coordinate main sizing and routing and new easements with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 10. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping in compliance with Preliminary Plat Site Specific Condition #8 shall be submitted to the City Clerk's office at least ten (10) days prior to the next public hearing for this application. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Site Specific Conditional Approval, Certificate of Zoning Compliance (CZC) submittal, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.c. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site AZ-O5-019. PP-O5-024. CUP-O5-03! Dorado.PP.AZ,CUP_doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 18 without first obtaining a Conditional Use and Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 14. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 15. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 16. At some point in the future, if the properties in Overland Way Subdivision west of the site develop in a commercial zoning designation prior to individual conditional use approval that the site specific conditions of approval related to Lots 1, 2, 3, 15, and 15 of the proposed Dorado Subdivision will be void. GENERAL REO UIß!i:MENTS 1. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.c. 2. 3. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. It is the Applicant's responsibility to ensure that all construction conforms to the requirements of the Americans with Disabilities Act. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. MERIDIAN FIRE DEPARTMENT CONDITIONS 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. AZ-OS.O 19, PP-OS.O24, CUP.OS.O31 Dorado,PP,AZ.CUP,doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 19 d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D1O3.6 Signs. 6. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The 16 commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. Maintain a separation of 5' from the building to the dumpster enclosure. 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The Applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 13. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as AZ-OS.O19, PI'-OS-O24. CUP-Oj-OJ L Dorado.I'I'.AZ.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 20 measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. F or buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. 17. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D 105. ACHD Site Specific Conditions of Approval 1. Utilize an existing 35-foot wide curb return type driveway that functions as a full access driveway and intersects Overland Road approximately 365-feet east of Bonito Way, as proposed. 2. Construct a 24-foot wide curb return type driveway that functions as a right-in/right-out driveway ONLY and intersects Overland Road approximately 235-feet west of Eagle Road. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road abutting the portion of the site that was not improved as a part of the intersection project (approximately 320- feet). Construct the sidewalk a minimum of 50-feet from the centerline of Eagle Road. 4. Construct a 20-foot wide right-in ONLY driveway that intersects Eagle Road approximately 230-feet north of the curb line for Overland Road and construct a IS-foot wide (390-feet long) deceleration lane on Eagle Road to accommodate the right-in driveway ONLY. Coordinate the details with District staff in regard to the design and construction of the driveway and deceleration lane on Eagle Road. Construct a 6-inch raised median in Eagle Road to restrict the driveway to provide a right-in movement ONLY. 5. Other than the access points that have specifically been approved with this application, direct lot access to Overland Road and Eagle Road is prohibited. Place a note on the final plat that states this access restriction. 6. Comply with all Standard Conditions of Approval. AZ-OS-OI9. PP-O5.024, CUP-OS-031 Dorado,PP.AZ.CUP.doc 10. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7,2005 Page 21 ACHD Standard Conditions of Aporoval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. The Applicant at no cost to ACHD shall repair existing utilities damaged by the Applicant. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the tenus and conditions ofthis approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confinnation of any change from the Ada County Highway District. AZ-05-019, 1"1"-05.024, cur-05-03! Dorado.1"1"_AZ.CUl".doc r Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: July 7, 2005 Page 22 11. Any change by the Applicant in the planned use ofthe property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. RECOMMENDATION Staff is recommending approval of the sixteen lot preliminary plat dated 4/1/05, prepared by Stanley Consultants, Drive Thru uses as depicted for the bank and restaurants, and a maximum height allowance of 60' based on the detailed submittal attached with this memo. Due to the fmdings listed in this report, staff recommends approval of the Annexation/Zoning (AZ-05-031), Conceptual Planned Development (CUP-05-031), and Preliminary Plat (PP-05-024) subject to the conditions contained in the staff report dated August 16, 2005. AZ-05.0]9, 1'1'-05-024. CUP.05-0J] Dorado.PP_AZ_CUI',do<