Meridian Professional Office RZ 06-005
-ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/21/06 01 :39 PM
DEPUTY Palli Thompson
RECORDED-REQUEST OF
City 01 Meridian
AMOUNT .00
30
1111111111111111111111111111111111111
106151216
-'
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
. John Homan, Owner/Developer
~<--____ THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered inl:eitliis.Bls+ _ day of AU ~ LS+- , 2006, by and between City of
Meridian, a municipal corporation of t State of Idaho, hereafter called "CITY', and John
Homan, whose address is 2'035 W. Wapoot Drive, Meridian, Idaho 83642 hereinafter called
"OWNER/DEVELOPER".
1.
RECITALS:
1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
1.2 WHEREAS, r.c. S 67-651 lA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owner/Developer" has submitted an application for
re-zoning of the "Property" described in Exhibit A, and has requested
a designation of (L-O) Limited Office District, (Municipal Code of
the City of Meridian); and
1.5 WHEREAS, "Owner/Developer" 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
1.6 WHEREAS, record of the proceedings for the requested re-zoning
designation of the subject "Property" held before the Planning &
DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 1 OF 11
Zoning Commission, and subsequently before the City Council,
include responses of government subdivisions providing services
within the City of Meridian planning jurisdiction, and received further
testimony and comment; and
1.7 WHEREAS, City Council, the 15th day of August, 2006, has
approved certain Findings of Fact 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 referred to as (the "Findings"); and
1.8 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
1.9 "OWNER/DEVELOPER" 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
1.10 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 ofthe City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11.
NOW, THEREFORE, in consideration ofthe 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:
DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN! PROFESSIONAL OFFICE PAGE 2 OF 11
3.1 "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.
3.2 "OWNERlDEVELOPER": means and refers to John Homan,
whose address is 2)()35 W. Wapoot Drive, Meridian, Idaho 83642,
the party developing said "Property" and shall include any subsequent
owners and/or developer(s) ofthe "Property".
3.3 "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 re-zoned L-O
(Limited Office District) attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian
Unified Development Code, Section 11 which are herein specified as
follows:
Construction and development of a Certificate of Zoning
Compliance shall be submitted to the City of Meridian prior to a
future development in the L-O zone, and the pertinent provision.., of
the City of Meridian Comprehen..,ive Plan are applicable to this RZ
06-005 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. "Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
1. That no alterations, expansions, reconstructions or other enlargements
to the existing single-family structures will be permitted except
through a Certificate of Zoning Compliance (CZC) and except where
1) the use of the structure changes to a use consistent with this
Development Agreement and 2) the structure shall meet all applicable
DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 3 OF 11
development standards such as set backs, frontage, height, etc. ofthe
L-O zone.
2. That no building or other structure shall be erected, moved, added to
or structurally altered, nor shall any building, structure or land be
established or changed in use without a Certificate of Zoning
Compliance (CZC).
3. That all parking areas, drive aisles, landscaping, sidewalks, lighting,
signage, building height and building setbacks for this development
shall comply with the applicable provisions set forth in the Unified
Development Code.
4. That all future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare, lighting
or odors.
5. That the following shall be the only allowed uses on this property:
principally permitted uses within the L-O zone.
6. That the posted hours of operation shall be limited to 7:00 a.m. to
7:00 p.m.
7. That any new structure(s) (or remodel of existing structure(s)) shall
be generally compatible in appearance and bulk with the surrounding
residential properties, as determined by the Planning Director or
otherwise approved through a Conditional Use Permit.
8. That up to four office-type buildings may be constructed on this site.
That said buildings shall have a maximum size of 3,270 square feet
each, and be limited to a single-story. Each building shall have the
same stucco and brick accents.
9. That the applicant agrees to construct a 6-foot tall masonry fence
along the south and west property lines, as proposed. That although
not required, the applicant has offered to construct said fence on top
of a berm, if some ofthe adjacent property owner(s) allow the berm
to be partially constructed on their land.
10. That a 25-foot wide landscape street buffer will be constructed
adjacent to Meridian Road, located entirely outside the right-of-way.
DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 4 OF 11
11. That a 10-foot wide landscape buffer will be constructed adjacent to
Sedgewick Drive, located entirely outside ofthe right-of-way.
12. That a 20-foot wide land use buffer will be constructed along the
south and west property lines.
13. That vehicular access to this site shall be restricted to Sedgewick
Drive, as approved by ACHD and the City; Except for emergency
access, no vehicular access to Meridian Road is approved.
14. That the applicant shall be required to install any and all sewer mains,
water mains and/or fire hydrants that are deemed necessary during
construction plan review. This may include water connections in
both Sedgewick and Meridian Road.
15. That the applicant shall provide easement for all required sewer and
water mains that are not located in the right-of-way.
16. That the applicant shall be required to use, with written permission,
the existing pressurized irrigation system for all landscaping.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns,
to comply with Section 5 entitled "Conditions Governing Development of Subject Property"
of this agreement within two years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in Idaho Code S 67-
6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE~ANNEXA TION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consents upon default to the reversal of the zoning
designation of the "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/Developer" and if the "Owner/Developer"
fails to cure such failure within six (6) months of such notice.
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
DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 5 OF 11
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.
DEFAULT:
9.1 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.
9.2 A waiver by "City" of any default by "Owner/Developer" 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.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", 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/Developer", 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 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" 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, if the
defaulting party shall commence to cure the same within such thirty
DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 6 OF 11
(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.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" 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 oftime of
such delay.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code, to insure that installation ofthe improvements, which the
"Owner/Developer" agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has 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".
15. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees
to abide by all ordinances ofthe 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 ofthe 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:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 East Idaho Avenue
Meridian, ID 83642
John Homan
2'035 W. Wapoot Drive
Meridian, ID 83642
with copy to:
DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 7 OF 11
City Clerk
City of Meridian
33 East 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 ofthis 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/Developer" 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/Developer", to execute appropriate and recordable
evidence of termination ofthis Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner/Developer" has fully performed its obligations under this
Agreement.
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/Developer" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 8 OF 11
conditions or understanding, either oral or written, express or implied, between
"Owner/Developer" 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.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 9 OF 11
CITY OF MERIDIAN
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BY: C.J?L-L.U..LC4 <<:
MAYOR TAM a EERD
Approved by City Council "1- f)-tJ b
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DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 10 OF 11
STATE OF IDAHO, )
: ss:
County of Ada, )
On this 3\ ~t' day of .A.v..a ~\- , 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared John Homan, known or identified to
me to be the person who signed the agreement, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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Notary Public for Idaho
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My Commission Expires: I"2J 0
STATE OF IDAHO )
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County of Ada )
On this 5~ day of Sep\-e..rnbeJr' ,2006, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. 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.
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DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 11 OF 11
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B. Legal Description
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208-839-73Z1
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Ul1 E. stot. strMt .. SUIte '15 .. Eagle. Idaho 1U16 · offbl '..U6-9J9~:nn .. foJt: .'-2A-9J9..7Ul
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~NE DESCRIPTION
FOR.
LKV ARCHITECTS
Lots 1 ;3; BloC:k, 1 of Salilbury Li1nc:. Subdivision; aM JlO1:tions of W; ~acwiok Drive
uadN. Mcaidian R,oad 10 SecdOft I. Towa&hip 3 North".Jtiulae 1 West ofthc Boise
M......i.... City afMooridla.,. Ada eo...atr.ld..ho ducribod.,
CoInmcnciog m the NoI1beast COQ\eI' of Section, J, T OWDIh.\p 3 Nonh. Range:- J W ClIt of
thD 8oi$t: Mcri4i8n. CIty orMcrid.i.n,..Ade. CoUnty: 14abo. and. runnlna ~Qll
SOO"'I7'24"W ]023.45 feet alo", the eaSt line ofAld Scc:don to the ClelUa'l1ne
~ efN. Meridian ~ UJd ~..Sedgewick Drlvo (said polat betq ~ POiNT
OF BOOINNINO); lbence NW42'36'"W 234.64, foo( alOQ& Ibo GCRtcriloc of Aid W.
Scd,ucwic*: Drive to .. point of el.W'Ve W<<b II red.ius of2OO.00 filet. a c:.c:nnI aqIe of
J2000'02" and I. chot:d 1bld: bean SM'" 77.3"'W 4\.&1 Cae!; ~ f9 the le:ft aloni, said
ocntedine QW"VC 41.&9 feel; thence SlSo:l7'04"E 170.41 feel aJoaa the Wat llnc~f~d
Lot j kl tbc N~ comcrohai4. Lot 2; thei'ti>; SOO"l'T'2-4-W '11.Lol ~i!.koc'e 0;';
W.llac of Aid Lot 2 to ClIo' $outh-=st con>er: oi Kid Lot 1; ~ Sl9"2T~"E 2(XHlO
Ibolllona the 50uIh line ofald SalisbW,o ~ SubdivbklD;.1hcnoa S&9"41.36"E 30.00
ftiet alona aid South line to II... ,centcrlipc of aaid N. Mericll_ RoAd; .thence
NOO'"17.24""E 287.]0 {cd alana, aaid cc::alcrliol; to I.bo ~ C!( bcgioining.
Area oon~ 1.6 acres
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MAY 0 8 2006
MtRIDIAH pusuC
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CITY OF MERIDIAN
FlNDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
AUG 1 0 2006
~i. . eridian
Office
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In the Matter of a Rezone of 1.6 acres from R-4 (Medium Low.Density Residential) to L.O
(Limited Office) for up to four office buildings, by John Homan.
Case No(s). RZ-06-00S
For the City Council Hearing Date of: July 25, 2006 (findings approved on August IS,
2006)
A. Findings of Fact
1. Hearing Facts (see attached Staff Repmt fOl- the hearing date of July 25,2006
incorporated by reference and the official minutes on file with the City Clerk's Office)
2. Process Facts (see attached Staff Report for the hearing date of July 25,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 25,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Rcport for the
hearing date of July 25, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
P1arming Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503).
2. The Meridian City Council takes judicial notice of its Unified Development eo de
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6,2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
l1-5A.
CIlY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). RZ.06-005- PAGE 1 on
4. Due consideration has been given to the cornment(s) received from the govenunental
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
impoStl tlxpc::nst: upun tht: publil.: if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the submitted Legal Description and the Development
Agreement Provisions listed in Exhibit A of the attached Staff Report for the hearing date
of July 25,2006 incorporated by reference. The StaITRc:purt is wnc1uded to be
reasonable and the applicant shall meet all applicable requirements of the application
approval.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code 9 II-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicants request for Rezone is approved subject to the provisions listed in the
attached Staff Report for the hearing date of July 25, 2006 incorporated by reference.
D. Attached: Staff Report for the hearing date of July 25, 2006
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). RZ.06-00S. PAGE 2 00
By action of the City Council at its regular meeting held on the
~cf(- ,2006.
COUNCIL MEMBER SHAUN WARDLE
I ~f!:;' day of
COUNCIL MEMBER JOE BORTON
VOTED ~
VOTEO$"t/
VOTED~ A.J
VOTED F
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
Copy served upon:
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By:~k~DU
CIty Clerk's Office
Dated: ~~ \LA-OU
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-00S. PAGE 3 00
CITY 01' MERIDIAN PLANNING OEPARTMENT STAFF REPORT fOR THE HEARING DATE Of IULY 25.2006
STAFF REPORT
TO:
FROM:
SUBJECT:
HewcingDate: 712512006 "', /,"'",,-'W .~
Mayor & City Council '\../VLOrldlcfH
\ ID.\HO
Caleb Hood, Current Planning Manager ~\ r
~~
Meridian Professional Office Rezone for John Homan ~~'!!.f~.".....~'
. RZ806-005
Rezone of 1.6 acres from R-4 (Medium Low-Density Residential) to L-O
(Limited Office) for up to four office buildings, by John Homan.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, John Homan, has applied for a Rezone (RZ) of 1.6 acres from R84 (Medium Low-Density
Residential) to L8Q (Limited Office) for two buildable lots and one common 10t within Salisbury Lane
Subdivision. The site is comprised of Lots 1,2 and 3, Block 1, Salisbury Lane Subdivision (Lot 1, Block
1, is a common lot)_ The applicant is requesting the subject property be rezoned so that up to four office
buildings may be constructed on this site. The site is located on the southwest comer of Meridian Road
and Sedgewick Drive, approximately 1,000 feet south of Ustick Road. This site currently contains two
residences and outbuildings.
2. SUMMARY RECOMMENDATION
Staff recommends approval ofRZ806.005. as presented in the Staff Report for the hearing date of June
15.2006 based on the Findimls ofFa.ct as listed in Exhibit C. Staff has included all agency/department
comments and Development Agreement provisions in Exhibit A. The Meridian Planning and Zoning
Commission heard the item on June 15, 2006 and July 6, 2006. At the Julv 6. 2006 Dubhe hearing: the
Meridian Planning & ZonilllZ Commission moved to reconunend aooroval.
a. Summary of Commission Public Hearing:
i. In favor: Amber Van Ocker
ii. In opposition: None
111. Commenting: None
iv. Staff presenting application: Caleb Hood
v. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Uses allowed in the L-O zone; and,
ii. Proposed fencing/screening of residential properties;
c. Key Commission Changes to Staff Recommendation:
i. NUDI:.
d. Outstanding Issue(s) for City Council:
i. None.
3. PROPOSED MOTIONS
Approval
I move to approve File Number RZ-Q6-005 as presented in the staff report for the hearing datI: of
July 25,2006, with the following changes to the staffreport: (add any proposed modifications).
Denial
I move to deny File Number RZ.06-005 as presented during the hearing on July 25, 2006, for the
M erirlian Profe~~ional Office - RZ.06.005
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 25, 2006
following reasons: (you should state specific reasons for denial. They should address how the
applicant might re-do the application to gain your recommendation for approval).
Continue
I move to continue the public hearing for File Number RZ-06~005 to (date certain) for the
following reason(s): (insert reason).
4. APPLICATION AND PROPERTY FACTS
a. Site AddressJLocation:
2825 and 2835 N. Meridian Road I southwest cornt:r o[Mtlriuiau Ruall auu St::ugt::wkk
Drive in Section 1, Township 3 North, Range 1 West.
b. Owner:
John Homan
23035 W. Wapoot Drive
Meridian. Idaho 83642
c. Applicant:
John Homan
23035 W. Wapoot Drive
Meridian, Idaho 83642
d. Representative: Brook Thornton! Amber Van Ocker, LKV Architects
e. Present Zoning: R.4
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: The applicant is requesting to rezone 1.6 acres from R-4
to L-O so that up to four office buildings may be constructed on this site.
5. PROCESS FACTS
a. The subject application will in fact constitute a rezone as detennined by City Ordinance. By
reason of the provisions ofUDC 11-5B-3, a public hearing is required before the City Council
on this matter.
b. Newspaper notifications published on: Mal 29th and June 12th, 2006 (for Planning & Zoning
Commission hearing) and July 10th and 17 ,2006 (for City Council hearing)
c. Radius notices mailed to properties within 300 feet on: May 19"',2006 (for Planning &
Zoning Commission hearing) and July 7th, 2006 (for City Council hearing)
d. Applicant posted notice on site by: June 26, 2006 (for Planning & Zoning Commission
hearing) and July 15th, 2006 (for City Council hearing)
6. LAND USE
a. Existing Land Use(s): Single. family dwellings.
b. Description of Character of Surrounding Area: Existing single-family dwellings and a nearby
church.
c. Adjacent Land Use and Zoning:
1. North: Conunon lot, zoned R-4; Single-family residence, zoned RUT in Ada County.
Meridian Profe.~gional Office - RZ.06.005
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HBARTNG DATE OF JULY :H. 2006
2. East: Existing residences, zoned R-8.
3. South: Existing single-family residences, zoned R-4.
4. West: Existing single-family residences, zoned R-4.
d. History of Previous Actions: In 2000, the City approved Salisbury Lane Subdivision, a 42 lot
residential subdivision.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: There are currently mains in Meridian Road.
Location of water: There are currently mains in Meridian Road.
Issues or concerns: None
2. Vegetation: NA
3. Flood plain: NA
4. CanalslDitches Irrigation: None.
5. Hazards: None.
6. Proposed Zoning: L-Q
7. Size ofPropeny: 1.6 acres
7. COMMENTS MEETING
On May 26, 2006 Planning Staff held an agency conunents meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. No significant comments wcre
received from any agencies or departments. Staff has included all comments and recommended actions in
the attached Exhibit A.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium
Density Residential." The purpose of a medium density residential designation is to allow smaller lots for
residential purposes within city limits. Uses may include single-family homes at densities of three to eight
dwelling units per acre (Page 95, 2002 Comprehensive Plan).
In 2004, the City approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the
Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a
Residential Comprehensive PIan designation may request office uses if the property has frontage on an
arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary
commercial uses shall be permitted." Staff finds that the subject property has frontage on Meridian Road,
an arterial street, and is less than 3 acres in size (1.6 acres total). Because the property is designated for
residential uses, the property is less than 3-acres in size, and it is located on an arterial street, staff
believes that a residential use of the property may not be the best use of the land. Staff believes that an
office zone/use on the subject property is appropriate as the request is consistent with the intent of
Resolution No. 04-454, if the Conunission and Council find the zoning is appropriate for this site. Please
see the following facts and circumstances and Section 10 of the Staff Report below for further analysis of
the proposed zoning designation and anticipated office uses.
MeridiRn Pmfe~~ionll.l Office- RZ-06-00S
PAGE 3
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINQ DATE OF JULY 2$. 2006
Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan
to be applicable to this application (staff analysis is in italics below policy):
. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action item 2)
On the submitted conceptual site plan, the applicant is proposing a single access to this site
from Sedgewick Drive. An emergency access to Meridian Road is also proposed in the middle
of the property. Staff is supportive of the proposed access into the site.
. "Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4)
Meridian Road is designated as an arterial street. By City Ordinance, a 25-foot wide
landscape buffer is required adjacent to lvferidia', Road. A landscape buffer along Me1idian
Road will be required by the City with future CZC/Subdivision approval.
. "Require all conunercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Objective D, Action item 5)
The applicant is notspecifically proposing to install any landscaping with the subject rezone
application_ In order to constru.ct buildings on this site the applicant will be required to
constnlct internal and perimeter landscaping.
. "Pennit new. . . commercial development only where urban services can be reasonably
provided at the time offmal approval and development is contiguous to the City." (Chapter
IV, Goal I, Obj. A, #6)
This property is already within the corporate boundaries of the City of Meridian. Sanitary
sewer and water are available to this parcel.
. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
Staff believes that the proposed zone, which allows office uses, does contribute to the variety
of uses in this area.
Staff finds that the new zoning to L-O should be harmonious with and in accordance with the
Comprehensive Plan. as amended by Resolution No. 04-454. Staff recommends that the Commission and
Council rely on staffs analysis, other agency/department comments, and any other comments received
regarding the appropriateness afzoning this site for office users).
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC Table 11~2B-2 lists several uses as pennitted and
conditional uses in the L-O zoning district.
h. Purpose Statement of Zone: LIMITED OFFICE DISTRICT (L-O) The purpose of the
Commercial Districts is to provide for the retail and service needs of the community in accord
with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size
and scale of commercial structures accommodated in the district, the scale and mix of allowed
commercial uses, and the location of the district in proximity to streets and highways.
Meridian Professional Office - RZ.06-o05
PAGE 4
CITY OF MERIDIAN PlANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE 01' JULY 25. 2006
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
REZONE ANALYSIS: Approval of the subject rezone application would allow the applicant to
obtain an office zone. According to current Cily Code, professiollal offices and clinics are
principally permitted in the proposed L-O zone. The applicant has submitted a conceptual site
plan showing how this site may redevelop with the office building, parking and landscaping. On
the submitted pIan, the applicant has depicted one access to Sedewick Drive. Although this site
has frontage on Meridian Road, no vehicular access is proposed (one emergency access to
Meridian Road is shown). The applicant states, in the submittal1etter, that the proposed zoning
will buffer the residential uses from a roadway that is quickly growing in intensity. The buildings
will consist of two 3,000 square foot and two 3,270 square foot, :;lingle !\tory structure!\. The
design of the buildings will be compatible with the surrounding residential buildings as a blend of
architectural finishes with stucco and brick access will be used (see the applicant's submittal
letter). The applicant held a neighborhood meeting and the main concern from the neighbors was
buffering. The applicant is proposing to construct a solid masonry fence on both the west and
south property lines.
Based on the policies and goals contained in the Comprehensive Plan and the general compliance
of the proposed concept pIan with the Zoning Ordinance for L-O zoning, staff believes that the
rezoning of this site to L-Q is in the best interest of the City. Please see Exhibit C for detailed
analysis of facts and fUldingS.
The rezone legal description submitted with the application (prepared on March 16, 2006 by
Darren R. Leavitt, PLS) shows the property within the existing corporate boundary of the City of
Meridian.
tIDC 11 ~SB~3D2 provides the P&Z Commission and City COWlcil the authority to require a
property owner to enter into a Development Agreement with the City of Meridian that may
require some written commitment for all future uses. Due to the urooosed use, staff believes that a
DevelQ-oment Al!reement is necessary to ensure that this oro-oertv is develooed in a fashion that is
consistent with the comprehensive olan and does not nel!ativdv imu8cl ntlarbv owocrlic:s. If lhtl
Commission or Council feels additional development agreement requirements are necessary, staff
recommends a clear outline of the commitments of the developer being required.
A Development Agreement (DA) will be required as part of an annexation of this property. Prior
to the annexation ordinance approval. a DA shall be entered into between the City of Meridian.
the property owner(s) (at the time of annexation ordinance adoption), and the developer. The
aoolicant shall contact the City Attornev, Bill Nary, at 888-4433 within 18 months of Council
aooroval to initiate this orocess. The DA shall incorporate the following (also see Exhibit B):
Access: Consistent with the applicant's conceptual site plan and the comprehensive plan,
vehicular access to this site should be limited to Sedgewick Drive, and not Meridian.
Road. Because only one access to t.he puhlic TOadway system is being approved for this
property, staff recommends that cross access be provided to for both of the current lots
(Lots 2 and 3, Block 1, Salisbury Lane Subdivision) to use this access. NOTE:
Emergency vehicular access to Meridian Road is okay, if required by the Meridian Fire
Department.
Future Development:
Meridian Professional Office - RZ-06-005
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 25.200&
Office Use: Professional. and sales offices, laboratories, health care services and medical
clinics are some of the most common principally permitted uses within the requested L-O
zone. Staff believes that these principally permitted uses are appropriate for this property
and meet the intent of Resolution No. 04-454. However, there are several retail and
ancillary commercial uses that can occur in the L-O zone with conditional use permit
approval. Staff is concerned that this area may turn into a commercial retail site, and is
recommending that the City limit the uses that can operate on the site to office/clinic type
uses. This recommendation is intended to protect the neighbors from more intense
commercial uses that could potentially operate on this property with CUP approval, and
to ensW'e that the uses intended in Resolution No. 04-454 (light office, low~impact
businesses) are upheld. All future uses on the subject property shall be limited to
principally pennitted uses in the L-O zone only.
According to UDC 11-5B-l A, no building or other structure shall be erected, moved,
added to or structW'ally altered, nor shall any building, structure or land be established or
changed in use without a certificate of zoning compliance (CZC) issued by the
Administrator. A CZC shall be issued only in conformity with the provisions of the UDC
and shall be required before the issuance of a building permit.
Upon rezone:: ordinance:: approval the existing residences will become legal non-
conforming uses. The applicant, Commission and Council should be aware that no
alterations, expansions, reconstructions or other enlargements to the structures will be
pennitted except through a CZC and except where the USe of the structure changes to a
use permitted in the L-O zone. Prior to occupancy of any building for office use on this
silt:, i1l,;t:rlifil,;i1lt: of zoning l,;ornplii1uce penlllt should be obtained.
Hours of Operation: In the submitted application. the applicant lists that the hours of
operation will be from 7 am to 7 pm. Consistent with previous Commission actions, staff
is recommending that the hours of operation for businesses on this site be limited through
a Development Agreement from 6 am to 10 pm.
T ,andscapin!!:~ Merirli:m Road is a cla.<;sified arterial roadway. A 25-foot wide landscape
buffer is currently required adjacent to arterial roadways (UDC Table 11-2B-3). There is
currently a 20-foot wide landscape buffer easement (in a conunon 10t) along Meridian
Road adjacent to this site. However, most of the landscaping adjacent to this site lies
within the right.of-way for Meridian Road, and not within the landscape buffer. A full
2S-foot wide landscape buffer, constructed outside of the Mexidian Road right-of-way,
should be constructed adjacent to this site. UDe Table 11.2B-3 requires a 10-foot wide
landscape street buffer along local streets. A lO-foot wide landscape buffer, constructed
outside of the Sedgewick Drive right-of-way, should be constructed adjacent to this site,
UDC Table 11-2B-3 requires a 20-foot wide landscape buffer between residential uses
and L-O uses. To buffer the adjacent residential uses, the applicant is proposing to
construct a solid masonry fence on both the west and south property lines, Staffis
supportive of the applicant's proposal. The masonry fence proposal should be in addition
to, not in lieu of, the 20wfoot wide landscape buffer that is required by City Code.
Landscape buffers along Meridian Road, Sedgewick Drive, and the south and west
property lines, in compliance with the UDC, will be required by the City with CZC/Plat
approval.
Meridian Profe$$ional Office - RZ-06-005
PAGE 6
CITY Of MlIRIDIAN PLANNING DCPARTMCNT STArr REPORT I'OR T[I[;: HEARING DATE OF JULY 25. 2006
Site Plan: Staff is generally supportive of the submitted conceptual site plan for this
property. However, some of the dimensions shown on the plan do not comply with the
UDC. Currently, City Code requires all 90-degree parking stalls to be at least 9-feet wide,
19-feet long, adjacent to 25-foot wide drive aisles. All parking areas, drive aisles,
landscaping, sidewalks, lighting, signage, building height and building setbacks for this
development should comply with the applicable provisions set forth in the Unified
Development Code.
Building; Elevations/Construction Materials: The applicant is proposing to construct up
to four office buildings on this site. The potential buildings for this site have a
maximum size of 3,270 square feet each, and are single-story. As proposed by the
applicant, staff recommends that each future building have some srocco and brick
accents. That any new structure(s) (or remodel of existing structure(s)) should be
generally compatible in appearance and bulk with the surrounding residential properties,
as determined by the Planning Director or otherwise approved thruugh a Conditional Use
Pennit.
b. Staff Recommendation: Staff recommends approval of RZ-06-005 for Meridian Professional
Offices as presented in the staff report for the hearing date of June 15, 2006 based on the Findings
of Fact as listed in Exhibit C. Staff has included all comments and recommended actions for a
Development Agreement in the attached Exhibit A. On Julv 15. 2006 the Meridian Plamtine: &
Zonimz Commission voted to recommend annroval of the subject aonlication to the City Council.
11. EXHIBITS
A. Development Agreement Provisions and Agency and Department Comments
1. Planning Department
2. Public Works Department
3. Meridian Fire Department
B. Legal Description
C. Required Findings from Zoning Ordinance
D. Concept.ulll Sit.e Plan & Elevation
Meridian Profelil8ion111 Office - RZ.06.005
PAGE 7
CITY Of MERIDIAN I'LANNINO DEPARTMENT STAfI' ll.I>rORT roll. Tilt HEARING DATE OF JULY 2S. 2006
A. Development Agreement Provisions and Agency and Department Comments
Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the
developer. The aoolicant shall contact the Citv Attornev. Bill Nary. at 888-4433 to initiate this
process. The DA shall incorporate the following:
. That no alterations, expansions, reconstructions or other enlargements to the existing single-
family structures will be pennitted except through a Certificate of Zoning Compliance (CZC)
and except where I) the use of the structure changes to a use consistent with this
Development Agreement and 2) the structure shall meet all applicable development standards
such as setbacks, frontage, height, etc. of the L-O zone.
. TIUlt no buildi.ng or other structure shall be erected, moved, added to or structurally altered,
nor shall any building, strncture or land be established or changed in use without a Certificate
of Zoning Compliance (CZC).
. That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building
height and building setbacks for this development shall comply with the applicable
provisions set forth in the Unified Development Code.
. That all future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare. lie:btine:. or
odors.
. That the following shall be the only allowed uses on this property: principally pennitted uses
within the L-O zone.
. That the posted hours of operation shall bl;: limited to 61.a.m. to +G 2.,p.m..
. That any new structure(s) (or remodel of existing stmcture(s)) shall be generally compatible
in appearance and hulk with the l;UITOWlding residential properties, as determined by the
Planning Director or otherwise approved through a Conditional Use Permit.
. That up to four office-type buildings may be constructed on this site. That said buildings
shall have a maximwn size of 3,270 square feet each, and be limited to a single-story. Each
building shall have some stucco and brick accents.
. TI18t the applicant agrees to construct a 6-loot taU masowy fence along the south and west
property lines, as proposed. Tbat althourzh not reauired. the applicant has offered to
construct said fence on top of a berm. if some of tbe adiacent orooertv owner(s)' aUow
the berm to be oartiallv constructed on their land.
. That a 25-foot wide landscape street buffer will be constructed adjacent to Meridian Road,
located entirely outside of the right~of-way.
. That a lO-foot wide landscape street buffer will be constructed adjacent to Sedgewick Drive,
located entirely outside of the right-of-way.
. That a 20-foot wide land use buffer will be constructed along the south and west property
l:it;les.
. That vehicular access to this site shall be restricted to Sedgewick Drive, as approved by
ACHD and the City; Except for emergency access, no vehicular access to Meridian Road is
approved.
. That the applicant shall be required to install any and all sewer mains, water mains and/or fire
hydrants that are deemed necessary during construction plan review. This may include water
connections in both Sedgwick and Meridian Road.
. That the applicant shall provide easements for all required sewer and water mains that are not
located in the right-of-way.
Exhibit A
CITY 01' MliRIDIAN PLANNINC DEPARTMENT STAFF REPORT FOR THE HGARING DATE OF JULY 25, '006
. That the applicant shall be required to use, with written permission, the existing pressurized
irrigation system for all landscaping.
1. PLANNING DF.PARTMF.NT
1.1 The rezone legal description submitted with the application (prepared on March 16, 2006 by
Darren R. Leavitt, PLS) shows the property within the existing corporate boundary of the City of
Meridian.
1.2 All future construction/uses on this site should comply with the provisions of the Unified
Development Code in effect at the time of submittal.
1.3 Please see Section 10 of the Staff Report.
2. PUBLIC WORKS DEPARTMENT
2.1 The current residences are serviced by existing service lines to the City of Meridian's domestic
water and sewer systems. The condition of these services is not known at this time. The
applicant will be responsible for all costs associated with any sewer and water service extension
or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation.
3. MERIDIAN Fuu; DJ<:I'AKTMENT
3.1 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.
3.2 Final Approval of the flfe hydrant locations shall be by the Meridian Fire Department.
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 specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements ofthe IFe Secti.on :'i09.5_
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the proj eet.
3.3 The phasing plan may require that any roadway greater than 1S0 feet in length that is not
provided with an outlet shall be required to have an approved turn around.
3.4 All entrance and internal roads and alleys shall have a turning radius of 2 g' inside and 48' outside
radius.
3.5 For allllire Lanes, provide signage "No Parking Fire Lane".
3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.7 Commercial am! ufficl;: occupancies will require a fU"C-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.8 The office development will have an W1known transient population and will have an unknown
impact on Meridian Fire Department call volumes. The Meridian Fire Department has
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT fOR THE HEARINO DATE Of JULY 25,2006
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.
3.9 Maintain a separation of 5' from the building to the dumpster enclosure.
3.10 The applicant shall work with Planning Department staff and Fire Department staff to provide an
address identification plan and a sign which meets the requirements of the City of Meridian sign
ordinance at the required intersection(s).
3.11 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 arOlU1d 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 accordancc with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
For buildings equipped throughout with lI.D appruvro aUlomalic 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).
Exhibit ^
CITY Of MIlRIDIAN PLANNING DIlPARTMENT STAFf RI:fORT fOR TilE I1CARING OATC Of JULY 25.2006
B. Legal Description
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REZONE DESCRJP110N
FOR
LKV ARCHrrECTS
Lots 1~3; BloCk. 1 ofSaliIbury LilfteSubdivision, and portion.safW;~ck Drive
ad N. Meridian ~ III Secdcn 1, 'TOWDBhip ] North. R.uae 1 West ola. Boise
Muidi.... city of'M.rkHan, Ada Cowlty.ldaho deacribed 8fI:
~ at the NOl1beast co.mer ofSection'l. T~p~ NOl1b. Ral&ol W~ of
tho Boiac Mc:rUIi8n. City ofMeridim..AcJa CoUnty. {48bo.- nmnina th~co
SOOC'17.24'"W 1023.45 feet a1cms die east tiDe of saki Sed:lon to the centerline .
h.l....~1ion DIN. Meridiall. ~ IUld W.SedgewiCk Drive (said point being the POINT
OF BEOINNINO); thence N89"42'36"'W 234.64 fcec aloag die ccntcdiDO of seid W.
Scdaewick Dftve to .. point of curve- With a radius 01'200.00 taet. . cmttaI augl~ of
12"OO.{}2" anile. chmd tbat burs 8840\ 7'Zi~ 4 ~ .11 f8e~ Ibuncc! ~ the left ~o~g said
crntG:rliile ourvc: 4).19 feet: U\CiIce SlS"'27'04"E 170.4\ &=it alone the WllSt lineqhaid
Lot 3 t(l the N~ <>IJIftICI" of seid. Lot z. U~K:c SOO"1 'T"24"'WII.B..Ol 'feel. ~Vllg tJiC
W_lioe of said Lot 2 to.... $oud1WCI8C OClnlC[ofSllid Lot 2:;: tlIcncc sacrz7.Q4"E 100.00
fetlI along the SouIb. Uno ofllllid ~ LaJ:ae Subdiviliioao1hcnc:c S89"42'36"E io.<iO
ftiet alOII3 Btti6 South I.iue to the alItterlil'll'! of said N - Meridian R.o,ad; .thence
NOO"17'24"B 281.30fcet aloha. said centminc:to thepcmt ofbeginni~g.
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MeRlOlAN pual.lC
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Exhibit B
CITY or MERIDIAN PLANNING DErARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 25. 2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF lUNE IS. 2006
C. Required Findings from Zoning Ordinance
1. Rezone Filldings:
Upon recommendation from the Commission, the Council shall make a full investigation
aDd 5hall, at the public hearing, review the application. III order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable pruvisiun5 ufthe cumprehen5ive
plan;
The applicant is proposing to zone the subject property to L-O. Council finds that the
proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals. Section 8. of the
Staff Report.
2. The map amendment enmplieK with the regulations outlined for the proposed
district, specifically the purpose statement;
Council fmds that several uses are permitted within the requested zoning district of L-O.
The future uses and buildings on this site should conform to the dimensional standards of
the proposed zoning designation. Council finds that the site is large enough to contain
the required parking and landscaping.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. The Commission and Council rely on any oral or written
testimony that may be provided when determining this fmding.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but Dot limited to, school districts; and,
Council fmds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
. Exhibit C
CITY OF MERlO/AN PLANNING DEPAkTMENT STAFF RBPORT FOR THE HEAR/NO DATE OF JUNll IS. 2006
D. Site Plan and Elevation
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Exhibit D
CITY Of MERIDIAN PL^NNINlJ DErARTf.n;N'l' STAff REPORT FOR THE HEARING DATE 01' JUNE 1~, 2()06
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Exhibit D