Lanark Property RZ 06-010
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 30
BOISE IDAHO 02115/07 01 :38 PM
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Meridian City
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Ronald Van Auker
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this .;r3tV day of 0Ctnuo... ~ ' .JODI , by and between
City of Meridian, whose address is 33 E. Id 0 Street, Boise, Idaho 83642, a municipal
corporation of the State of Idaho, hereafter called CITY, and Ronald Van Auker, whose
address is 3084 E. Lanark Street, 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, I.C. g 67-6511A, 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 the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, Owner/Developer 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 Commercial 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
DEVELOPMENT AGREEMENT (RZ 06-010) LANARK REZONE
PAGE10F9
1.6 WHEREAS, record of the proceedings for the requested alU1exation
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 jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 28th day of November, 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 deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their 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 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.
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 defmed and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (RZ 06-010) LANARK REZONE
PAGE 2 OF 9
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 Ronald Van Auker,
3084 E. Lanark Street, Meridian, Idaho 83642, the party developing
said Property and shall include any subsequent developer(s) of the
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 annexed and zoned C-G
(General Commercial 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 City
Code Titlel1-2B-2.
Construction of office and retail uses on 2.20 acres in the
proposed C-G zone pertinent to this RZ' 06-010 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. All future uses shall not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
2. All future development of the subj ect property shall comply with City of Meridian
ordinances in effect at the time of development, as well as any requirements of this
site associated with annexation and platting of the Olson & Bush Industrial Park.
3. The applicant shall be responsible for all costs associated with sewer and water
service installation.
4. The following shall be the allowed uses on this property: Permitted and accessory
uses within the C-G zone. All conditionally permitted uses in said zone shall be
DEVELOPMENT AGREEMENT (RZ 06-010) LANARK REZONE
PAGE 3 OF 9
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subject to CUP approval.
5. The applicant shall be responsible to obtain a Certificate of Zoning Compliance
(CZC) permit from the Planning Department is prior to and construction on the
subject site. The applicant shall also submit a Design Review application to the
Planning Department concurrent with the CZC application for the proposed
structure.
6. The applicant shall be allowed to construct only one driveway access to E. Lanark
Street, location to be approved by the Ada county Highway District (ACHD).
7. The applicant shall construct, at minimum, a 5- foot landscape buffer in accordance
with UDC policies to be located along the westernmost property boundary. The
applicant shall also construct, at minimum, a 35-foot wide landscape buffer along
Eagle Road.
8. The applicant shall complete all required improvements prior to obtaining a
Certificate of Occupancy for the proposed development.
9. The applicant shall install sidewalks around the structure, excluding the west side
of the building, an 8- foot wide pedestrian pathway from the perimeter sidewalk to
the proposed building entrance, and a 10-foot wide walkway along Eagle Road.
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 Owner/Developer's 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-ANNEXATION 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 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:
DEVELOPMENT AGREEMENT (RZ 06-010) LANARK REZONE
PAGE 4 OF 9
9.1 In the event Owner/Developer, or 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' s/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
(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.
DEVELOPMENT AGREEMENT (RZ 06-010) LANARK REZONE
PAGE 5 OF 9
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 of time 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 of the improvements, which the
Owner/Developer agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree 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 agree 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 ofF act 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:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
Ronald Van Auker
3084 E. Lanark Street
Meridian, ill 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
DEVELOPMENT AGREEMENT (RZ 06-010) LANARK REZONE
PAGE 6 OF 9
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/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 of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer have 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, 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.
DEVELOPMENT AGREEMENT (RZ 06-010) LANARK REZONE
PAGE 7 OF 9
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.
By:
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Appt:\\""ed\by thti;City Council 2. ~t6 - 0 7
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DEVELOPMENT AGREEMENT (RZ 06-010) LANARK REZONE
PAGE 8 OF 9
STATE OF IDAHO, )
: ss
County of Ada, )
On this ~~ day of tulUA ~ , 2007 , before me, the
undersigned, a Notary Public in and for said State, p sonally appeared Ronald Van Auker,
known or identified to me to be the person who signed the instrument, 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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Res' . g at: Nd-I~/-:r:v
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STATE OF IDAHO )
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County of Ada )
Onthis lOth dayof Ft:~0t:LL ,2007,beforeme,aNotary 00e
Public, perso~~l<,~:R1Zeared 'Fammy de VvT cer~ WIllIam G. Berg, Jr., know or Ioentified eo~
to me to be tHe ~~ Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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DEVELOPMENT AGREEMENT (RZ 06-010) LANARK REZONE
PAGE 9 OF 9
/
A. Legal Description
claiborn .~ ,W9!~~. consulti()g,)~c
engineers & surveyors
120 N. Curtis Road
Bois~ Idaho 83706
(208) 376-8555
Fax (208) 429-9862
LANARK STREET PROPERTY
REZONE DESCRIPTION
August 8~ 2006
P.N.2331
Lots 1 and, 2, Block I} of Olson and Bush Industrial Park, and a portion of the public
roads adjac:ent to said Lots lying in the Southeast ]/4 of the Southeast 1/4 of Section 87
T.3N., R IE.. B.M.) Ada County, Idaho, and being more particularly described as
follows:
Beginning at the Southwest corner of said Lot 2,
thence N 001)55:100)) E along the West boundary of said Lot 2 for a distance of 274.96 feet
to the Northwest corner of said Lot 2;
thence S 8go02~oon E along the North boundary of said Olson and Bush Industrial Park
for a distance of320.00 feet to the East boundary of said Section 8;
thence S Ooo55'OO:n W along said East boundary for a distance of299.99 feet to the
centerline of Lanark Street;
thence leaving said East boundary N 89001s38~' W alo'ng the centerlineofLanark Street-
for a distance of320.00 feet; ~ ,
t/~~ t
thence leaving said ~enter~e N 00055)00" E for a distance of25.00 feet to the POINT
OF BEGINNING; ,
containing 2.20 acres of land, more or less.
SUBJECf to right of ways for Eagle road and Lanark Street.,
Prepared by: Todd R Waite P~L.S.
C:\Documcnts and Settings\todd waile\My Documents\Todd\ V Atanarlaczone.doc-l
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Meridian Public
WnrkB Dept.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
DEe 0 7 2006
Of Meridian
lerk Office
In the Matter of Rezoning of 2.20 acres from I-L to C-G for Lots 1 & 2, Block 1, of the
Olson & Bush Industrial Park, Phase 1, by Ron Van Auker
Case No(s). RZ-06-010
For the City Council Bearing Date of: November 28, 2006
(Findings on the December 12, 2006, Council agenda)
A. Findings of Fact
1. IIearing Facts (See attached Staff Report for the hearing date of November 28, 2006,
incorporated by reference.)
2. Process Facts (See attached Staff Report for the hearing date of November 28, 2006,
incorporated by reference.)
3. Application and Property Facts (See attached Staff Report for the hearing date of
November 28, 2006, incorporated by reference.)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of November 28, 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
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereot: 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 9
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). RZ~06-010
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and Development Agreement
Provisions listed in the attached Staff Report for the hearing date of November 28, 2006,
incorporated by reference. The Provisions are concluded to be reasonable and the
applicant shall meet such requirements as approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code g II-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that the Applicant's request for rezoning is approved subject to the provisions listed
in the attached Staff Report for the hearing date of November 28, 2006, incorporated by
reference, with the following modifications made at the City Council hearing on November
28, 2006:
1. That the applicant install a 5-foot landscaping buffer along the west property
boundary.
2. Cross-access between the subject property and the property to the west is not
required.
D. Attached: Staff Report for the hearing date of November 28, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSiONS OF LAWt AND DECISION & ORDER
CASE NOeS). RZ..06-010
By action of the City Council at its regular meeting held on the
Oe Lw' 2006.
ct,f'Yl;' v
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMYdeWEERD
VOTED
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VOTED~
VOTED ~
ATTEST:
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Copy served upon:
By~mJ:1JWAV
1 Clerk's Office
Dated: ,Z.20..0LD
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). RZ-06-010
CITY OF MERIDIAN PLANNING DEP AR 1MENT STAFF REPORT FOR lliE HEARING DATE OF NOVEMBER 28, 2006
STAFF REPORT
TO:
FROM:
Hearing Date: 11/28/2006
Mayor & City Council
Amanda Hess, Associate City Planner
884-5533
SUBJECT:
Lanark Rezone
. RZ-06.0 1 0
Rezone of 2.20 Acres from I-L (Light Industrial) to C-G (General Retail and
Service Commercial)
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Ron Van Auker, has applied for a Rezone (RZ) of2.20 acres from I-L (Light Industrial) to
C-G (General Retail and Service Commercial). The Applicant intends to construct office and retail uses
on this site that are not allowed within the Light Industrial zone. The subject property is located at the
llOlihwcst conlcr of East Lallark Street and Eagle Road in Section 8, Township 3 NOlth, Range 1 &st,
B.M., and is currently referenced as Assessor's Parcel Numbers R6510580012 and R6510580020. This
property is within the Urban Service Planning Area and the corporate boundaries of the City of Meridian.
This site, Lots 1 & 2, Block 1, of the Olson & Bush Industrial Park, Phase 1, is currently vacant. The
other lots within the Olson & Bush Industrial Park. Phase 1. have been fully developedJbuilt-out. Lot 1\
Block 1, of the subject site, has direct frontage on Eagle Road and E. Lanark Street. Lot 2 also fronts E.
Lanark Street.
The applicant has submitted a conceptual site plan and elevations for this site. The applicant is proposing
to make site improvements (landscaping, pathways, etc.) at the time of submittal for a Certificate of
Zoning Compliance (CZC). At that time, Planning Staff will require site improvements in accordance
with the Unified Development Code, including but not limited to, parking and landscaping. As the subject
property also lies within an entryway corridor) the applicant will al~o he required to suhmit for Design
Review of the proposed structure.
The proposed zoning amendment (RZ) is not consistent. wi.th the 2002 ComprehenF\ive Plan Future T land
Use Map, which deems the appropriate land uses for this site, "Industrial." Despite the Comprehensive
Plan Land Use Map designation of '~Industria1n for this area, the applicant's request to rezone the property
to C-G is generally compatible with the surrounding land uses, as there is extensive commercial
development along Eagle Road including, but not limited to, the big box retail furniture store located
directly east of the site.
2. SUMMARY RECOMMENDATION
While the Comprehensive Plan Zoning Map's designation for the subject property is Industrial, staff
believes that the policies of the Comprehensive Plan and the existing conditions in this area support the
proposed zoning amendment. Therefore, Staff reconunends approval of RZ-06-o10, as presented in the
staff report for the hearing date of November 2, 2006, based on the Findings of Fact as listed in Exhibit
D and subject to the Conditions of Approval outlined in Exhibit B. The Meridian Plannine and Zoninsz
Commission heard this item on November 2_ 2006. At the Dublic heario1!" they moved to
recommend aDProval.
a. Sununarv of Commission Public Hearing:
i. In Favor: Brad Miller
11. Tn Onno~ition: None
Lanark Rezone - RZ..06..0 1 0
PAGE 1
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006
ill. Connnenting: None
IV. Written Testimonv: Ron Van Auker (Annlicant)
v. Staff Presenting Apolication: Amanda Hess
vi. Other Staff Commenting on Application: Caleb HODel Mike Cole
b. Key Issues of Discussion bv Connnission:
i. The vacation of a oublic utilities / drainaue / irrigation easement which spans the
pronertv line common to Lot.s 1 & 2:
11. The Apnlicant~s reauest to postpone installation of sidewalk along Eagle Road
until such time that ITD widens Eagle Road - timine: of Eagle Road widening in
tills arecc
111. The Applicant's request to eliminate the DesiQll Review reouirement to install
the 8-foot pedestrian walkway from the perimeter sidewalk to the buildini!
entrance: and
IV. The Applicant's request to install a 5-foot wide land use buffer (between I-L
zoned property and proposed C-G zoned property) on the western oropertv
boundary~ where staff has requested 10 feet.
c. Key Conunission Chane:cs to Staff Recommendation;
i. Elimination of sidewalk along the western side of the proposed structure.
d. Outstanding Issues fOf City Council:
i. Commission did not amend the proposed Development Agreement provisions
listed in Section 10 of the staff report to include the Staff-requested reauirement
that the applicant vacate the utilities / drainage / irrigation easement.. prior to
submittal of the Certificate of Zoninl! Comuliance (CZC).
11. Staff .hgls received confmnati.9:r! that ITD does not have imminent pJ~_:(or
expansion / improvements of Eagle Road between Fairview Avenue and Franklin
Road (it is currently not a funded proiect). ITD's future concept plan for this
section does show a 10-[00t wide pedestrian oath along Eagle Road to be
constructed either within or outside of the ri~t-of-way (within the City's
landscape buffer). lID's future plan is to install the 'Path aqiacent to older
proiects where the City did not require said installation ori~allv. However'l ITD
is looking for the City to provide pedestrian walkways with all new development
applications along the corridor. in anticipation of these walkways being
connected when Eagle Road is improved someday.
t.)n f\ovember zs. 2n06~ elf," Council nl>proyed The suhject a(lplicanolli
a. SummarY of Citv Council Public Hearinsz:
i. In favor: Brad Miller
11. In oUDosition' None
111. Commenting' None
lV. Written testimony: Brad Miller
v. Staff'Presentin~ aonlication;.... Anna Borchers Canninl!
vi. Other staff commentin!! on at;'~lication: ~
b. Kev Issues of Discussion by CQllD.cit
L The Annlicant's reauest to nostpone installation at sid~walk alona Eaale Road
until such time that ITD widens Ea{!le Road and the uncertainty of the timint! of
Ea~le Road widenini! for tbe area'
11. The Aunlicant's reauest to eliminate cross-access between the sub;ect property
and the property to the west zoned I..L~
111. The Aoolicant~s reQuest t9 install a ?-foot wide land use buffer <between I-L
zon.OO nronertv and nronosed C-G zoned nronertv) on the western nronertv
boundary. where staff has reaue.s1ed.10 feet.
Lanark Rezone - RZ-06..0 10
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006
c. Kev Council Chan1!es to Commission Recommendation'
i. That the }lnnl1cHnt install a S-fnot. land.c::caninf:! blufer alonQ: the west nronertv
boundary .
11. Cross-access between the sub; oct nronertv and the nronertv to the west is not
reauired.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-
06-010 as presented in the staff report for the hearing date of November 28, 2006, with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend deny File
Number RZ-06-010 as presented during the hearing on November 28, 2006, for the following
reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number RZ-
06-010 to the hearing date of (insert continued hearing date here) for the following reason(s):
(State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3180 E. Lanark Street
Lots 1 & 2, Block 1, Olson & Hush Industrial Park
Section 8, TIN, RIE
b. Owner / Applicant:
Ronald Van Auker
3084 E. Lanark Street
Meridian, ill ~3642
c. Architect: Cornel Larson) Larson Architects
d. Present Zoning: I-L
e. Present Comprehensive Plan Designation: Industrial
f. Applicantts Statement/Justification:
The applicant is requesting rezoning so the proposed on-site development of retail and office
uses can be supported by the appropriate zoning designation of "Commercia1.H The zoning
amendment will be hannonious with the adj acent commercial development along Eagle Road
which has already, or is anticipated to develop.
The two-story building will feature a single retail use on the ground floor with multiple office
spaces to be located on the second floor.
The project will provide landscaping in accordance with the UDC. The fac;ade of the structure
will be composed of stucco and stone in earth tones. The building will also feature tension
canopies at the retail windows.
Lanark Rezone - RZ-06...0 1 0
PAGE 3
CIlY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006
5. PROCESS FACTS
a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By
reason of the provisions of UDC 11-5A-2D, a public hearing is required before the City
Council on this matter.
b. Newspaper notifications published on:
October 16 & October 30, 2006 (P & Z ConunissioIi);
November 6 & November 20, 2006 (City Council)
c. Radius notices mailed to properties within 300 feet on:
October 6, 2006 (P & Z C.ommission);
November 3, 2006 (City COWlcil)
d. Applicant posted notice on site by:
October 23, 2006 (P & Z Conunission);
November 18, 2006 (City Council)
6. LAND USE
a. Existing Land Use(s): Vacant
b. Description of Character of Surrounding Area: Commercial, Industrial Uses, & Office Uses
c. Adjacent Land Use and Zoning
1. North: Union Pacific Railroad, zoned I-L
2. East: Willey Subdivision, zoned C-G
3. South: Olson & Bush Industrial Park, zoned I-L
4. West: Olson & Bush Industrial Park, zoned I-L
d. History of Previous Actions: Olson & Bush Industrial Park No.1 was granted annexation /
zoning / plat approval back in the late 1980's. Staff does not have documentation pertaining to
this.
e. Existing Constraints and Opportunities
1. Public Warks
Location of sewer: Sewer is available in Lanark.
Location of water: Water is available in Lanark.
Issues or concerns: No concerns.
2. Vegetation: N/A
3. Floodplain: N/A
4. CanalslDitches Irrigation: A large ditch runs along the eastern and northern
boundaries of this site.
5. Hazards: N/A
6. Proposed Zoning: C-G
7. Size of Property: 2.20 acres
Lanark Rezone - RZ-06..0 10
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CITY OF MERIDIAN PLANNING DEP AR ThlENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006
f. Sununary of Proposed Streets and/or Access:
The subject property will be directly accessed via E. Lanark Street. No new accesses are
proposed with the application to Eagle Road. Direct lot access to Eagle Road should be
prohibited. Any new access point to I-Janark Street must be approved by ACHD.
7. COMMENTS MEETING
On October 13, 2006, Planning Staff held an agency comments meeting. 'I'he agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, aud the Sanitary Services Company. No significant comments were
received from any agencies or departments. Staff has included all comments and recommended actions in
the attached Exhibit A. Because this is only a rezone applicatio~ there are no conditions of approval.
8. CO:MPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated on the Comprehensive Plan Future Land Use Map as "Industrial." The
Comprehensive Plan defmes the Industrial district as: "Areas designated to allow a range of industrial
uses to support industrial and commercial activities and to develop with sufficient urban services. In light
industrial areas, uses may include warehouses, storage unites, light manufacturing, and incidental retail
and office uses. Heavy industrial areas may include processing, manufacturing, warehouses, storage units,
and industrial support activities. In all cases, standards for screening, landscaping, and adequate access
would be developed and implemented."
Although this designation is not consistent with the proposed G-G (General Retail and Service
Commercial) zone, staff fmds that there is a strong argument for saying that the policies set forth in the
comprehensive plan do support a COllli11ercial use on this site. A key component of tllls argUII1~Ilt i:s th~
relative flexibility of Meridian's Comprehensive Plan (quoted below) as described in Chap~er I, Section B
of the Comprehensive Plan.
"The Meridian Comprehensive Plan is an official policy guide for decisions concerning the
physical development of the community. It indicates, in a general way, how the community
may develop in the next five to ten years."
Furthermore, in Chapter VIL Section C - "Future Conditions JJ states the following:
"Figure Vll..2 [The Comprehensive Land Use Map] depicts desired future land use categories
and their location within the Impact Area. The areas depicted on the map are conceptual and,
therefore, will require further analysis prior to the creation of a zoning map."
While the proposed zone does not explicitly comply with the Comprehensive Plan Land Use Map, staff,
upon further analysis, finds that it would be acceptable to extend the "Commercial" designation to this
property as the proposed zone does fit with the development patterns of the surrounding area.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis below policy in italics):
. Chapter Vll, Goal IV, Objective D, Action 7 - Encourage "...high density development along
major transportation corridors..."
The subject property has frontage on SH 55 I Eagle Road, a prinCipal arterial roadway. This
proposed commercial and office development will complement adjacent commercial uses.
Lanark Rezone - RZ.06...Q 1 0
,/ PAGE 5
//
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006
· Chapter Vll, Goal IV, Objective D, Action 5 -- "Require appropriate landscape and buffers
along transportation corridors..."
At the time of submittal for a Certificate of Zoning Compliance, Staff will require the applicant to
provide landscaping per the UDC standards including, but not limited to, within the parking area,
the buffering adjacent to Eagle Road and Lanark Street.
· Chapter Vll, Goal IV, Objective D, Action 4 - "Integrate pathway / bikeway plans to ensure
appropriate access along the right...of-way."
Per the UDe standards, Staff will require the applicant to provide a ten-foot wide detached
sidewalk along Eagle Road and attached sidewalk on Lanark Street at the tirne of subfflUtul fur u
Certificate o/Zoning Compliance.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B..2 lists the permitted, accessory, and
conditional uses in the C-G zoning district. Retail stores, offices us~s, anu s~rvice-based industries
are either principally or conditionally permitted uses within the C...G zone.
b. Purpose Statement of Zone: The purpose of the COlllInercial 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 conunercial 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.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
REZONING ANALYSIS:
Bas~d on the compliance of the proposed development with the Unified Development Code and the
general conformance with the policies and goals contained in the Comprehensive Plan, staff
believes that rezoning the subject property from I-L to C-G is justifiable. PleaRe ~ee 'Exhibit D for
detailed analysis of the required facts and findings for rezoning.
The legal description .for rezoning submitted with the application (prepared on August 8, 2006, by
Todd R. Waite, PLS) shows the property within the existing corporate boundary of the City of
Meridian.
A Development Agreement (DA) will be required as part of rezoning of this property. Prior to
rezoning approval, a DA shall be entered into between the City of Meridian, the property owner(s)
at the time of rezoning ordinance adoption, and the developer. Tbe applicant shall contact the
City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include, at minimum,
the following:
. All future uses shall not involve uscs, 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..
· All future development of the subject property shall comply with City of Meridian ordinances
in effect at the time of development) as well as any requirements of this site associated with
annexation and platting of the Olson & Bush Industrial Park.
· The applicant shall be responsible for all costs associated with sewer and water service
installation.
Lanark Rezone - RZ..06..0 1 0
PAGE 6
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006
.
The following shall be the allowed uses on this property: Permitted and accessory uses within
the C..G zone_ All conditionally pennitted uses in said zone shall be subject to CUP approval.
The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit
from the Planning Department is prior to and construction on the subject site. The applicant
shall also submit a Design Review application to the Planning Department concurrent with the
CZC application for the proposed structure.
The applicant shall be allowed to construct only one driveway access to E. Lanark Street,
location to be approved by the Ada county Highway District (ACHD).
The applicant shall construct, at minimum a S-foot 1 9 feat landscape buffer in accordance
with UDC policies to be located along the westernmost property boundary. The applicant shall
also construct, at minimum, a 35-foot wide landscape buffer along Eagle Road.
The applicant shall complete all required improvements prior to obtaining a Certificate of
Occupancy for the proposed development
The appliCRM shall 'f~T:ide er~SB ae~H~Bg 18 tke pr:apefty t8 th~ .~~e8t, e'tkev.T:iee IffiEr.yH. as
A^.88€188€Jr'g ParBgl1'T\lmb~r ReSl 9sgg93Q, aD pro}loas8.
The applicant shall install sidewalks around the structure, as proposod excludinl! the west side
of the buildin2~ an 8-foot wide pedestrian pathway from the perimeter sidewalk to the
proposed building entrance, and a IO-foot wide walkway along Eagle Road.
..,../~
.
.
.
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.
i
.
1. Concept Plan: The applicant has submitted a concept plan for this site. Staff is generally
supportive of the concept plan submitted with the rezone application, with the following
conunents:
2. Access: There are two proposed acceHS point'\ to t.he subject. site. Both are fh1! access driveways
from E. Lanark Street located at the south property line. Staff is supportive of one access to E.
Lanark Street. Staff has concerns about possible traffic conflicts with two drive accesses in
such close proximity to Eagle Road. Staff also believes that the proposed cross access to the
adjaceot lot eliminates the need for multiple driveways to Lanark.
3. Landscaping: The applicant has not provided a landscape plan for review at the rezoning stage.
However, Staff will require the applicant to provide landscaping per the UDC standards
including, but not limited to, within the parking area, and the buffering adjacent to Eagle Road
and Lanark Street.
Per UDC. 11-3B-9B, all developing industrial lands must provide a landscape buffer along any
boundary adjacent to commercial and residential districts. The industrial property to the west
has been considered existing for years and, for that reaso~ Staffbelieves should not be required
to bear the responsibility to install the buffer. Staff does believe that, although not required by
Ordinance, a minimum 10-foot wide landscape buffer is warranted between the subject
commercial property and the lot to the west, and said buffer should be installed by the
applicant.
4. Parking: The applicant's concept plan proposes 76 parking stalls. Only 25 parking stalls are
required by Ordinance. UDC Table 11-3C-l requires 90-degree parking stalls to he 19-feet
long, adjacent to 25-foot wide drive aisles. UDC 11-3C-5B-4 allows parking stall dimensions to
be reduced by 2 feet in length if 2 feet is added to the width of adjacent sidewalk or landscape
area. Compact stalls may be reduced in depth by an additional two feet. UDC 11-3A-17 A
requires all sidewalks to be at least 5-feet wide.
5. Design Review Standards: Eagle Road is designated as an entryway corridor. UDC 11-3A-
19D5 requires all structures on property adjacent to an entr)'way corridor to obtain
administrative design review approval. All future building(s) on this site will be subject to
design review. Staff is supportive of the conceptual elevation for the front fac;ade, which is to
Lanark Rezone - RZ-06..0 10
PAGE 7
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006
face Eagle Road. However, the north and south fa~ades of the proposed structure will also be
highly visihle from Eagle Road, and Staff will require elevations for these at the time of
administrative design review.
A. Architectural Character:
i. Facades: Facades visible from a public street shall incorporate modulations in the
facade, roof line recesses and projections along a minimum of twenty percent (20%)
of the length of the facade.
ii. Primary public entrance(s}: The primary building entrance(s) shall be clearly defined
by the architectural design of the building. Windows, awnings, or arcades shall tutal a
minimum of thirty percent (30%) of the facade length facing a public street.
Ill. Roof lines: Roof design shall demonstrate two or more of the following: a)
overhanging eaves, b) sloped roofs; c) two or more roof planes; d) varying parapet
heights; and e) cornices.
iv. Pattern variations: At least two Cha:Ilg~S in one or a combination of the following
shall be incorporated into the building design: color, texture, and / or materials.
v. Mechanical equipment: All ground-level and rooftop mechanical equipment shall he
screened to the height of the unit as viewed from the property line.
B. Color and Materials: Exterior building walls shall demonstrate the appearance of high-
quality materials of stone, brick, wood or other native materials. Acceptable materials
include tinted or textured masonry block, textured architectural coated concrete panels,
tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-
faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited
except as accent materials.
C. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the
structure shall be located between the front fac;ade of the stnlcture and abutting streets,
unless the principal building(s) and / or parking is / are screened from view by other
structures, landscaping and/or benns.
D. Pedestrian Walkways:
i. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in
width shall be provided from the perimeter sidewalk to the main building entrance.
The walkway width shall be maintained clear of any outdoor sale displays, vending
machines) or temporary structures.
ii. The internal pedestrian walkway shall be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks.
iii. Walkways at least eight feet (8') in width, shall be provided for any aisle length that
is greater than one-hundred fifty (150) parking spaces or two hundred feet (200')
away from the main building entrance.
IV. The walkways shall have weather protection (including but not limited to an awning
or arcade) within twenty of all customer entrances.
6. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC)
pennit is to ensure that all construction, alterations and/or the establishment of a new use
complies with all of the provisions of the UDC before any work on the structure is started
and/or the use is established (ODe 11 ~5B-IA). To ensure that all of the conditions of approval
listed in Exhibit B are complied with, Staff will require the applicant to obtain CZC approval
from the Planning Department prior to building construction, where all site and landscaping
improvements must be installed prior to occupancy.
b. Staff Recommendation: While Staff is supportive of rezoning without securing a Comprehensive
Plan Amendment in this instance, Staff finds that such unconventional interpretation of the
Lanark Rezone - RZ-06-0 10
PAGE 8
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28) 2006
Comprehensive Plan policies is only appropriate in very limited cases. For example, in the subject
case where only a minOT extension of the zoning bonndaries, or "bump," for a small, immediately
adjacent property. And where due consideration of the neighbors and the compatibility of
surrounding land uses should be taken into account.
Staff believes that the proposed zoning amendment will be harmonious with other adjacent
properties along Eagle Road in this area which have already, or are anticipated to develop with uses
allowed in the C-G zone. And, based on the compliance of the proposed development with the
Unified Development Code and the general conformance with the policies and goals contained in
the Comprehensive Plan, Staff believes that rezoning the subject property from I....L to C-G is
warranted.
Therefore, Staffreconunends approval of the proposal (RZ-06-010) subject to the conditions listed
in Exhibit B. On November 2. 2006~ the Meridian Plannioe: and Zonin2 Commission voted to
recommend approval of the subiect aDDlication. On November 7R, 2Q.06. Citv Council
annroved the subiect 3DDlication.
11. EXHIBITS
A. Drawings
1. Vicinity I Zoning Map
2. Conceptual Site Plan
3. Conceptual Building Elevations
B. Agency Conunents
1. Plarming Department
2. Fire Department
3. Police Department
4. Parks Department
5. Idaho Power
6. Nampa / Meridian Irriflation District
7. Central District lIealth Deoartment
c. Legal Description
D. Required Findings from Unified Development Code
Lanark Rezone - RZ-06-0 10
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006
A. Drawings
1. Vicinity / Zoning Map
POOR COpy ~'
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Lanark Rezone Vicinity / Zoning Map
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Exhibit A
PAGE 10
CITY OF MERlDlAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28) 2006
2. Conceptual Site Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006
3. Conceptual Building Elevations
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlN G DA IE OF NOVEMBER 28, 2006
B. Agency Comments
1. PLANNING DEPARTMENT
1.1 PriQf_to rezone ordinance annrovaL the annlicant shall enter into a Develooment Agreement that
incoroorates the provisions as listed in Section 10 of the Staff Report. The rezoning legal
description submitted with the application (dated August 8, 2006, stamped by Todd R. Waite,
PLS) shows the property as contiguous to the existing corporate boundary of the City of
Meridian.
1.2 The applicant should comply with all previous requirements of this site associated with
annexation and platting, as well any permits or regulations that may be in effect for the Olson &
Bush Industrial Park.
1.3 The applicant should obtain a Certificate of Zoning Compliance (CZC) permit from the Planning
Department prior to construction of the building shell.
1.4 This site is subject to administrative design review approval, as the site is adjacent to Eagle Road,
an entryway corridor. Prior to any construction on this site, Design Review and CZC applications
should be submitted concurrently to the Planning Department for review and approval.
1.5 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 fonn 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.
1.6 All sidewalks/walkways should be installed on the subject site pursuant to UDC 11..3A-17.
1.7 The applicant should comply with the outdoor lighting standards shown in UDC 11-3A-l1.
1.8 All business signs require a separate sign permit in compliance with the sign ordinance.
1.9 Staff's failure to cite specific ordinance provisions or terms of the Olson & Busll Industrial Park
Subdivision does not relieve the applicant of responsibility for compliance.
2. FIRE DEPARTMENT
2.1 Acceptance of the water supply for frre protection will be by the Meridian Fire Department and
water quality by the Meridian Water Depart111Cllt for bacteria testing.
2.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire IIydrants shall have the 4 1'2" outlet face the main slrt:t:l ur 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 pennits..
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire llydraIl~ :shall be: place 18~'l above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFe Section 509.5.
h. Show all proposed or existing hydrants for all new construction or addition~ to exi~ting
buildings within 1,000 feet of the project.
2.3 Conunercial 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.
2.4 Where a portion of the facility or building hereafter con~tructed or moved int.o 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 aroWld the exterior of the facility or building, on-site fire hydrants
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN G DATE OF NOVEMBER 28, 2006
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 dist.ance 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).
2.5 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three
means of fire apparatus access for each structure. Two of the access roads shall be placed a distance
apart equal to not less than one half of the length of the overall diagonal dimension of the property or
area to be served, measured in a straight line.
3. POLICE DEPARTMENT
3.1 'l'he Police Department has no concerns related to the site design submitted with the application.
4, PARKS DEPARTMENT
4.1 The Parks Department has no concerns with the site design as submitted with the application.
5. IDAHO POWER
5.1 Idaho Power has sufficient power capacity and will provide electric service to the development,
provided the applicant abides by the Rules, Rates, and Regulations as approved by the Idaho
Public Utilities Commission, and proper right-of.way can be obtained.
5.2 There is an existing 230kVline on site, so Idaho Power requests a 35-foot setback from the center
of the line be a no-building zone.
5.3 The applicant should contact the local Idaho Power Company Operations Center with a forulal
request for service.
6, NAMPA /MERIDIAN IRRIGATION DISTRICT
6.1 Nampa / Meridian Irrigation District has no comment.
7. CENTRAL DISTRICT HEALTH DEPARTMENT
7.1 The Central District Health Department has no obiections to the proposal.
Exhibit B
/
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006
c. Legal Description
claiborn' .: Y&}t! (~uJtin~
engineenI a sUrv8yora
120 N.. Curtis ReM
~ Idaho 83106
'(208) 3164'55
. Pax (208) 429--9862
P.N.2331
August 8~ 2006
LANARic S1'RKET PIlOPDTY
UZONJ: ntscRlPTloN
Lots 1 aDd'2,. Block 1, of 01101I and Bum IDdustrial Park, aDd . portiob of the' public
,taMts ~ ~ said ~ lying,in tbs ~~~,li4 oftbe ~~ 1/4 ofSediOll.8~
T .3N., llla. B~~J Ada Couaty, Idabo. aad beiDa more paitiadaity described ...
follow1~
Boai~ at the ~ Comer ofsaid"t.ot 2.
tbeoce N OOOSS'OO" B mODl'tho West bOuDdary' of'said LoI2 tbi' a <tiitl~ of274.96 feet
to the ~ ooraer ofsaid Lot 2;
:ttimoe S. ~~OO" B ~ the Ncxth bouDdary ofsaid Olson and ~.~ ~
fbt a ~ of 320.00 tat to the But bound~ or IIicI SegdOi1I;
tbeoce.s'ooasstw W akms said ~ ~,Mary for. diittmce ()f299.99 ~ to me
0CIIICiiine ~Lanuk Streett
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'''.$ -'.
tbrace IeaViDg said Bast bouDdary N ~1Y.8t1 W eJoaa the ~ ~.:~ .
fbt . diIt... oC32O.00 teet; .
.4 .a... ~
'fi,.: "
tbeace 1eavills: aid ~ N ~55JOOM E for a mtbmee 012$.00 feet to the" POINT:". .~
OF BBGINNINCi; ~ ~
CCR_.~ 2,~ acres ofland, more or less.
S~ to right ofwayz for ~ road and LaDark SIreel
P...,..cd try: Todd ll. waIto p .L.S.
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~ D..L1:..
. Worb,~
C:~- &41111l~""""D&cld.~~\Tod6\V~--- 1.., '~1
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant an annexation and/or
rezone, the Council shall make the following rmdings:
a. The map amendment complies with the applicable provisions of the Comprehensive Plan;
The applicant is proposing to zone the subject property to C-G. The Council finds that the proposed
zoning map amendment is generally compatible with the applicable provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals~ Section 8, of the Staff
Report.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council fmds tbat retail stores and office uses are permitted within the requested zoning district
of C-G. Council believes that the existing parcels in the area have already developed in a nature that
is harmonious and appropriate to the proposed zone. Further, Council also finds that the proposed
zoning and future uses on this site can be designed and constructed in a Ill<mner that will be
hannonious with, and appropriate in appearance with, the existing and intended character of the
surrounding area.
The Council does not fmd that the proposed zoning/uses will adversely change the essential
character of area. Council fmds that the site is large enough to contain the required parking and
landscaping.
Staff recorrunends that the Commission and Council rely on staffs analysis, public testimony
received and any comments submitted from any other agencies or departments regarding whether
this property should be rezoned as proposed.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. Council does not anticipate the proposed rezone and subsequent uses will create
excessive lraffic~ noise~ smoke, fumes~ glare, or odors.
Staff recommends that the Commission and Council rely on any oral or written testimony that may
be provided when determining this finding.
d. The map amendment shall Dot result in an adverse impact upon the delivery of services by
any political SUbdivisIon providing pUblic services within the City including, but not limited
to, school districts; and,
The Council finds that 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.
Exhibi t D