Dorado Subdivision AZ 05-019
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 67
BOISE IDAHO 09102105 10:40 AM
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Meridian City 105127512
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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.
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(SEAL) (, _.~- J- AY~ CoH-zv-J
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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)
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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
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REVISIONS
BOUNDARY EXHIBIT FOR
DORADO SUBDIVISION
SE 1/4 SECTION 17, T.3 N., R.1E., B.M.
ADA COUNTY, IDAHO
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DATE: 4/5/05
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MERIDIAN. IDAHO 83t>42
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JOB NO. 18196
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Dorado Subdivision
Exhibit A
Dorado Subdivision
PP-OS-O24
Approved Preliminary Plat
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Dorado Subdivision
Exhibit B
EXHIBIT C
Dorado Subdivision
PP-O5-024
Approved Site Plan
1-84 Off-Ramp
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Dorado Subdivision
Exhibit C
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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
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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
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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
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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,
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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;
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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.
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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
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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
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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;
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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.
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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.
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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.
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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
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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
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3.
4.
5.
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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
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12.
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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!
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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
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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
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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
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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
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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<