Hoyd Annexation AZ 06-062
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05110/07 01:48 PM
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City of Meridian 107067262
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Kendall Hoyd, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this~4tk dayof A-fR\L ,2007, by and between City of Meridian, a
municipal corporation of the State ofIdaho, hereafter called CITY, and Kendall Hoyd, whose
address is 10835 W. Treeline Court, Boise, ill 83713, 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. S 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 Ordinance 11-5B-3, which authorizes development
agreements upon the annexation and/or re-zoning ofland; and
1.4 WHEREAS, Owner/Developer have submitted an application for
annexation and zoning of the Property's described in Exhibit A, and
has requested a designation of C-C, Community Business 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 annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
DEVELOPMENT AGREEMENT (AZ 06-062) HOYDANNEXATION PAGE 1 OF 10
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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 20th day of March, 2007, 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 OWNERlDEVELOPER 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 ofthis 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 Unified Development
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 defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 2 OF 10
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 OWNER/DEVELOPER: means and refers to Kendall Hoyd, whose
address is 10835 W. Treeline Court, Boise, ID, the party that owns
and is developing said Property and shall include any subsequent
owner(s) or 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 re-zoned C-C (Community
Business 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 S 11-2B-2 which are herein specified as follows:
Retail uses in the proposed C.C zone on 1.11 acres, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this AZ 06-061 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. A cross-access easement to Cannel Drive shall be provided to the
property owner to the north (Matthew Hartz). Prior to issuance of a
Certificate of Zoning Compliance on this site, submit a recorded copy
of said cross-access easement to the Planning Department.
DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 3 OF 10
2. The hours of operation for future businesses on the site shall be limited
to the hours between 6:00 am and 10:00 pm to reduce possible adverse
impacts on the existing residences adjacent to the site.
3. The applicant shall be responsible to obtain a Certificate of Zoning
Compliance (CZC) permit from the Planning Department for all new
construction on the subject property.
4. All future development of the subject property shall comply with City
of Meridian ordinances in effect at the time of development.
5. Any future building on the site shall substantially comply with the
conceptual elevations and construction materials submitted to the City
as shown in Exhibit A of the Staff Report.
6. The detailed site plan submitted with any CZC application on this site
shall substantially comply with the conceptual site plan submitted to the
City as shown in Exhibit A of the Staff Report.
7. The applicant shall be responsible for all costs associated with sewer
and water service installation.
8. No direct lot access to Meridian Road shall be allowed to this site.
9. Upon development of the property, a minimum 25- foot wide landscape
buffer shall be constructed along N. Meridian Road. The landscape
buffer shall be placed on the subject property, in accordance with the
UDC standards.
10. Upon development of the property, a minimum 10- foot wide landscape
buffer shall be constructed along Carmel Drive. The landscape buffer
shall be constructed in accordance with the UDC standards.
11. Upon development of the property, construct a minimum 25-foot wide
landscape buffer adjacent to any existing residential uses which abut
this site.
12. Sidewalks shall be installed along N. Meridian Road and Carmel Drive.
13. Any new building on this site shall be required to receive elevation
certification.
14. The applicant shall complete all required improvements prior to
obtaining a Certificate of Occupancy for the proposed development.
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.
DEVELOPMENT AGREEMENT (AZ 06+062) HOYD ANNEXATION
PAGE 4 OF 10
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owner/Developer consent 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 fail 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 ofthe 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 ofthe City that apply to said Development.
9.
DEFAULT:
9.1 In the event Owner/Developer, or Owner/Developers' 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
DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 5 OF 10
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 ofa 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.
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 ofthe 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 S 11-5-C, to insure that installation of the 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 Developer/Owner has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION
PAGE 6 OF 10
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 of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Kendall Hoyd
10835 W. Treeline Court
Boise,ID 83713
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 7 OF 10
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 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, 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 ofthe
subject Property herein provided for can be modified or amended without the
approval ofthe 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.
DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION PAGE 8 OF 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER
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f-endall Hoyd
CITY OF MERIDIAN
ATTEST:
B~'
MAYOR A de WEERD
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DEVELOPMENT AGREEMENT (AZ 06-062) HOYD ANNEXATION
PAGE 9 OF 10
STATE OF IDAHO, )
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County of Ada, )
On this ~ day of ---.i1- ~ t; l , 2007, before me, the
undersigned, a Notary Public in and for said State, personally appeared KENDALL HOYD,
known or identified to me to be the person who signed the above 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 Idafol --r- I
Residing at: \ \A.e~f I <i ~ CL V'\. ....J... (\
My Commission Expires: 3 -II - I 0
STATE OF IDAHO )
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County of Ada )
IS+
On this dayof----.fnr. U ,2007, before me, aNotary
Public, personally appeared Tammy de Weerd and William G. Berg, If., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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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DEVELO~~GREEMENT (AZ 06-062) HOYD ANNEXATION
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Commission expires: IO~ 11-\ t
PAGE 10 OF 10
Exhibit A
Legal Description
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HOYD PROPERTY EZONE
MERIDIAN
A PARCEL OF LAND LOCATED fN THE SW 1/4 OF SECTION 6,
TOWNSHIP 3 NORTH. RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP MARKING THE SW CORNER OF SECTION 6,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
THENCE N 00"25'30" W A DISTANCE OF 1004.09 FEET TO THE REAL POINT OF
BEGINNING;
THENCE N 89~34'30~ E A DISTANCE OF 235.70 FEET ALONG THE NORTH RIGHT-OF-WAY
OF EASTCARMEl DRIVE TO A POINT;
THENCE 31.82 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
35.00 FEET. A DEL TAOF 52"05'30' AND A CHORD BEARING OF N 63"31'45" EA DISTANCE
OF 30.74 FEET TO A POINT;
THENCE N 37'29'OO"E ADISTANCE O~ 48,84 FEET TO A POINT ON THE CENTERLINE OF
FIVE MilE CREEK;
lEAVING SAID RIGHT-Of-WAY AND ALONG THE CENTERLINE OF FIVE MILE CREEK~
THENCE N 53'14'27" W A DISTANCE OF 81.93 FEET TO A POINT;
THENCE N 06~34'09~ W A DISTANCE OF 22.4.11 FEET TO A POINT;
LEAVING SAID CENTERLINE;
THENCE S 88025'12" W A DISTANCE OF 6.26 FEET TO A POINT:
THENCE S 00'25'30" E A OlSATNCE OF 94.2~ FEET TO A POINT;
THENCE S 89439'14" W A D1STANCEOF 197.81 FEET TO A POINT ON CENTERLINE OF
NORTH MERIDIAN ROAD;
THENCE S 00"25'30" E A DISTANCE OF 230.26 FEET TO T1iE REAL POINT OF BEGINNING.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Annexation and Zoning of 1.12 Atres from RUT (Ada County) to C-C
(Community Business District) for the Property Located on the Northeast Corner of N.
Meridian Road and Carmel Drive (Parcel No. 81106336020), by Kendall Hoyd.
Case No(s). AZ-06-062
For the City Council Hearing Date of: March 6, 2007 (Findings on the March 20, 2007 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 6,2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 6, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
6, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 6,2007, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers coufetTed upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.c. @67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code @
II-SA.
CITY OF MERIDIAN FINDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-062
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, Conceptual Site Plan, Building
Elevations, Findings, and Development Agreement provisions, all in the attached Staff
Report for the hearing date of March 6,2007, incorporated by reference. The Staff Report
is concluded 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 ~ II-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Conceptual Site Plan as evidenced in Exhibit A of the attached Staff
Report dated March 6, 2007, is hereby conditionally approved; and,
2. The applicant's Conceptual Building Elevations as evidenced in Exhibit A of the
attached Staff Report dated March 6,2007, are hereby conditionally approved; and
2. The applicant's request for Annexation with a C.C zone is approved subject to the
Development Agreement provisions listed in Exhibit B of the attached Staff Report for
the hearing date of March 6, 2007 incorporated by reference.
D. Attached: Staff Report for the hearing date of March 6, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-Q6-062
By action of the City Council at its regular meeting held on the t. 0 /'!) day of
/Yl6f/1../--^- . 2007.
COUNCIL MEMBER DAVID ZAREMBA
VOTED ~
VOTED~
VOTED~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYORTAMMYde~ERD
(TIE BREAKER)
VOTED
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William G. Berg, Jr., Ci CI _~. (IY t
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Copy served upon Applicant, The PI~ M~ent, Public Works Department and City
81'"1 ~ T
. .lZa.;,.i i...:u
Attorney.
By: 317 aJ) fYl ~~ +e.
City Clerk
Dated: () ~ - 22 -0 '1
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-062
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007
STAFF REPORT
TO:
FROM:
Hearing Date: March 6, 2007
Mayor & City Council
Sonya Watters, Associate City Planner
(208) 884-5533
Boyd Annexation
AZ-06-062
Annexation and Zoning of 1.12 acres from RUT (Ada County) to C-C
(Community Business District), by Kendall Hoyd.
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SUBJECT:
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Kendall Hoyd, has requested Annexation and Zoning (AZ) approval of 1.12 acres from
RUT (Ada County) to C-C (Community Business District). The subject property is located on the
northeast comer of N. Meridian Road and Carmel Drive, approximately \4 mile north of Fairview
Avenue. The subject property is within the City's Area ofImpact and the Urban Service Plarming Area.
The applicant intends to construct a 14,000 square foot two-story office building on the site once the
property is annexed and zoned. A conceptual development plan has been submitted with the 8Ill1exation
request that shows the location of the proposed building, parking, and an access drive going to the parcel
north of the site for future cross-access. Conceptual elevations of the proposed office building have also
been submitted. Staff is requesting that the applicant enter in to a Development Agreement that will
include, among other provisions, that a cross.access agreement with the property owner to the north of the
site be provided.
1. SUMMARY RECOMMENDATION
The subject Annexation and Zoning application was submitted to the Planning Department for review.
Below, staff has provided a detailed analysis, comments, and recommended actions for the requested
Annexation and Zoning application. By City Ordinance, the Planning & Zoning Commission makes a
recommendation to the City Council on Annexation and Zoning applications. Any comments related to
the Am1exation application (AZ-06-062) will be included in the Commission's reconunendation to the
Council. Staff is recommending approval of the Hoyd Annexation (AZ.06-061), as presented In the
staff report for the hearing date of February 1, 1007, based on the Findings of Fact as listed in
Exhibit D and subject to the Development Agreement provisions listed in Sectiou 10.
The Meridian Planninl! and ZoDinl! CommissioD heard this item on February 1.1007. At the
public heariDe thev moved to recommend approval.
a. Summary of Commission Public Hearioe::
i. In favor: Kendall Bovd (Applicant/owner)
H. In opposition: None
ill. Commentine:: None
Iv. Staff Dreseutin!! application: Sonya Watten
v. Other staff commentiue on application: None
b. Kev Issues of Discussion bv Commission:
i. Desi!!u of future buiJdiull: aooearance from Meridian Road:
c. Kev Commission Chan!!" to Staff Recommendation:
I. None
Hoyd Annexation - AZ.06-062
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CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007
d. Outstandinl! Issue(s) for Citv Council:
i. The applicant is reouired to submit a rear (Meridian Road) buiIdine:
elevation for COUDcil's review.
The Meridian Citv Council heard this item on March 6. 2007. At the Duhlie bearinp' tbev llDDroved
the subiect AZ reouest.
.a. SUmmarY of Citv C:;oundl Puhlic Hearinl!':
i. In favor: Kendall Hovd (Annlicant/Ownerl
ii. In onDosition: None
iii. Commentinl!:: None
iv. Written testimony: None
v. Staff qresentinl!: annlication: Anna Canninll
vi. Other staff commenting: on annlication:1fune
~ Kev IsslIes of Discussion bv Council:
i. ~
~ Kev Council ChangeN to Commiufon Recommendation:
i. ~
3. PROPOSED MOTION (to be considered after the public bearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-
06-062 as presented in the staff report for the hearing date of March 6,2007, with the following
modifications: (add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ.06-
062 as presented during the public hearing on March 6, 2007, for the following reasons: (you
should state specific reasons for denial of the annexation request.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Nwnber AZ-
06-062 to the hearing date of (insert continued hearing date here) for the following reason(s):
(you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
Parcel #Sl106336020
Generally located on the northeast comer of N. Meridian Road and Carmel Drive, in
the S.W. ~ of Section 6, Township 3 North, Range 1 East.
b. Property Owner of Record:
Kendall Hoyd
10835 W. Treeline Court
Boise, ill 83713
c. Applicant:
Hoyd Annexation - AZ-06-062
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF MARCH 6. 2007
Same as owner
d. Representative: Kendall Hoyd (Owner/applicant)
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request: The applicant is requesting approval to annex and zone
1.12 acres from RUT (Ada County) to C.C (Community Business District).
h. Applicant's Statement/Justification (see Applicant's application and letter): After the property
is rezoned, the applicant intends to build a two-story office building of approximately 14,000
square feet in the southwest comer of the property. The property will have shared access with
its neighbor immediately to the north and with required landscaping and open space should
have approximately 55 parking spaces. Primary tenants will be Reality Building Design, Inc.,
a residential drafting fum, and Performance Engineers, Inc., a structural engineering finn.
These businesses will occupy slightly over half of the building and the LLC that owns the
building will be seeking similar tenants for the remainder of the space. Hours of operation will
be standard business hours, from approximately 8:00 am to approximately 6:00 pm.
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the Planning & Zoning Commission and City Council on this matter.
b. Newspaper notifications published on: January IS, 2007, and January 29, 2007 (Conunission);
February 12. 2007 & Februarv 26. 2007 (Citv COUDcDl
c. Radius notices mailed to properties within 300 feet on; January 5, 2007 (Commission);
Februarv 2. 2007 (Citv COUDCll)
d. Applicant posted notice on site by: January 17, 2007 (Commission); February 20. 2007 (Citv
COUDCll)
6. LAND USE
a. Existing Land Use(s); Vacant land
b. Description of Character of Surrounding Area: The properties to the north and south are
designated as Commercial on the Comprehensive Plan Future Land Use Map. The property
directly to the south is vacant and further to the south is a conunercial childcare facility. The
property to the north has an existing house and is zoned Rl in Ada County but is currently
requesting annexation into the City with a C-G zone for an extension of the Hartz Music Shop
use further to the north. The property to the east is designated High Density Residential and is
developed with attached residential homes. The property to the west is designated Mixed Use
_ Community and is currently zoned RUT and has a rural residential home with a pasture on
it. The properties in this area fronting N. Meridian Road are rapidly transitiolring from rural
residential to commercial properties.
c. Adjacent Land Use and Zoning:
1. North: Single.family residence, zoned R1 (Ada County); further north, Hartz Music
Shop, zoned L.a.
Hoyd Annexation - AZ-06-062 Page 3
CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF MARCH 6, 2007
Single-family attached residences (La Playa Manor Estates) , zoned R-8
Vacant, undeveloped land, zoned Rl (Ada County); further south, a
conunercial childcare facility, zoned CoCo
4. West Single-family home & pasture on large parcel, zoned RUT (Ada County).
d. History of Previous Actions: None
e. Existing Constraints and Opportunities:
1. Public Works
2. East:
3. South;
Location of sewer: There is a City of Meridian sewer main in Meridian Road.
Location of water: There is currently a water main in Meridian Road.
Issues or concerns: A portion of this site is in the AE flood zone, any new
building on this site would require elevation certification.
2. Vegetation: There are some existing trees on the subject property that should either
be preserved or mitigated for at the time of development.
3. Flood plain: A small portion of this property at the northeast comer of the site along
the Five Mile Creek is located within the floodway, in the AE flood zone.
4. CanalslDitches Irrigation: None
S. Hazards: None
6. Proposed Zoning; C-C (Community Business District)
7. Size of Property: 1.12 acres
f. Summary of Proposed Streets and/or Access: The Concept plan submitted with this
application shows acceSs being provided from Carmel Drive with no direct access to N.
Meridian Road. A driveway is also shown at the north boundary for future cross-access with
the property to the north. Staff is supportive of the proposed cross-access with the property to
the north and the proposed access to Cannel Drive. Direct access to N. Meridian Road is not
requested or approved with this application. Although they have not provided specific
comments on the subject annexation application, AClID generally restricts direct access to
arterial streets and encourages combined access points as well. ACHD has provided general
comments in Exhibit B that may be applicable upon future development of the property.
g. Landscaping:
1. Width of street butfer(s): Per City Code (UDC Table 11-2B-3), a 25.foot wide
landscape street buffer is required adjacent to N. Meridian Road, an arterial roadway.
A 10-foot wide buffer is required along Cannel Drive, a 10cal/conunercial roadway.
2. Width ofbuffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25-foot
wide landscape buffer is required between C.C zoned property and residential uses.
Currently, there are residential uses to the east and north of this site. However, an
annexation application is currently in process for the property directly north of the
site, owned by Matthew Hartz, to annex and zone the property C-G. If the armexation
request is approved prior to the development of this property, the 25.foot wide buffer
would not be required along the north boundary.
Hoyd Anncxlltion - AZ-06-062
Pag~ 4
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007
7. COMMENTS MEETING
On January 12, 2007, a joint agency and departments meeting was held with service providers in
this area. The agencies and departments present include: Meridian Fire Department, Meridian
Police Department, Meridian Parks Department, Meridian Public Works Department, and the
Sanitary Services Company. All of the received comments are "standard" and have been
included within this report. Once a development planes) is submitted, the applicant should be
required to comply with the specific comments and conditions from all commenting agencies and
departments.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as
"Commercial". The Comprehensive Plan defines the Commercial district as: "This designation
will provide a full range of commercial and retail to serve area residents and visitors. Uses may
include retail, wholesale, service and office uses, multi-family residential, as well as appropriate
public uses such as government offices. Within this land use category, specific zones may be
created to focus commercial activities unique to their locations. These zones may include
neighborhood commercial uses focusing on specialized service for residential areas adjacent to
that zone." The applicant is requesting to rezone this property to C-C, which is consistent with the
Comprehensive Plan designation for this site.
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):
· Require that development projects have planned for the provision of all public services.
(Chapter vn, Goal ill, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian pla11$ to provide municipal services to the lands
proposed to be annexed in the following manner:
)> The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
Department, who currently shares resource and personnel with the Meridian Fire
Department.
)> The lands are currently serviced by the Ada County Sherriff's Department. If annexed,
the lands will be serviced by the Meridian Police Department (MPD).
)> The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
)> The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
)> The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
· "Restrict curb cuts and access points on collectors and arterial streets." (Chapter vn, Goal
IV, Objective D, Action item 2)
On the submitted conceptual development plan, the applicant is proposing a single access to
Carmel Drive and no direct access to N. Meridian Road, an arterial street. A driveway stub
Hoyd Annexation ~ AZ-06-D62
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CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH. 6, 2007
to the parcel to the north is also proposed for fUture cross-access out to Carmel Drive. City
and ACHD staff are supportive of restricting direct access to arterial streets.
· "Require appropriate landscape and buffers along transportation conidors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4)
North Meridian Road is designated as an arterial street. Cannel Drive is designated as a
local/commercial street. By City Ordinance, a 25-{00t wide landscape buffer is required
adjacent to Meridian Road and a 10-foot wide buffer is required adjacent to Carmel Drive.
These Landscape buffers will be required by the City with future Certificate of Zoning
Compliance (CZC) approval.
· "Require all conunercial businesses to install and maintain landscaping." (Chapter V, Goal
ill, Objective D, Action item 5)
The applicant is not specifically proposing to install any landscaping with the subject
annexation application. However, in order to construct a building on this site the applicant
will be required to install internal and perimeter landscaping.
· "Pennit new. . . commercial development only where urban senrices can be reasonably
provided at the time of final approval and development is contiguous to the City." (Chapter
IV, Goal I, Obj. A, #6)
This parcel is contiguous to the city via the residential subdivision (La Playa Manor Estates)
to the east. Sanitary sewer and water are available to this parcel.
· "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
Vn, Goal 1. Objective B)
Staff believes that the proposed C-C zone, which allows office uses, does contribute to the
variety of uses in this area which include: a music shop, offices, multi-family homes, a
grocery store, and other future commercial uses.
Staff finds that the proposed zoning to C-C zone is harmonious with and in accordance with the
Comprehensive Plan. StafJrecommends that the Commission and Council rely on staff's analysis,
other agency/department comments, and any other comments received regarding the
appropriateness of zoning this site/or commercial uses.
9. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Commercial Districts: VDC Table 11.2B-2lists the pennitted, accessory,
and conditional uses in the C-C zoning district. Personal and Professional Services (offices) as
well as healthcare or social services, flex space, financial institutions, education institutions,
churches, indoor & outdoor entertainment facilities, etc., are listed as principal pennitted uses
in the C-C zone.
b. Pwpose Statement of Zone: 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
Hoyd Annexation - AZ-06-062
Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1HE HEARING DATE OF MARCH 6, 2007
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:
AZ Application: Approval of the subject annexation application would allow the applicant
to obtain a commercial zone which would allow for future professional office uses on the site.
The applicant is requesting a C-C zoning designation rather than an L-Q designation because
the intended square footage (14,000 square feet) of the future building for this site exceeds
the maximum building size allowed in UDC Table ll-2B-3 without design standard approval
in the L-O zone. For this reason, the applicant prefers to annex and zone the property to the
C.C zone and not go through design standard approval as required in the L-O zone as
required for the intended size of the future building. Because the Comprehensive Plan
designates this property as "Commercial" and not specifically "Office," staff supports the C-
C zoning designation proposed by the applicant. According to cUITent City Code, professional
offices are principally permitted uses in the proposed C.c zone (UDC Table 1l~2B-2). The
proposed C-C zoning designation also complies with the Comprehensive Plan Future Land
Use map designation of Commercial. The applicant has submitted a conceptual site plan
showing how this site is proposed to develop with a two-story, 14,000 square foot office
building, parking and landscaping. Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed concept plan with the
Zoning Ordinance for C-C zoning, staff believes that the zoning of this site to C-C is in the
best interest of the City. Please see Exhibit C for detailed analysis of facts and findings.
The annexation legal description submitted. with the application (stamped on November 22,
2006 by Michael E. Marks, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
Concept Plan: Staff is generally supportive of the submitted conceptual site plan for this
property. However, some of the dimensions shown on the plan are not legible on the reduced
copy submitted with the application. All parking areas, drive aisles, landscaping, buffers,
sidewalks, lighting, signage, building height and building setbacks for this development
should comply with the applicable provisions and dimensional standards set forth in the
Unified Development Code.
BuDding Elevations: The applicant intends to construct one 14,000 square foot, two-story
office building on this site (see conceptual building elevations in Exhibit C). The applicant
has submitted details of the intended construction materials for the future building as follows:
"The majority of the exterior finish will be a one-coat-stucco-system with raised accents
arowd windows and comers, while the bottom of the lower story will be finished in a
cultured stone wainscot with a "stack-stone" appearance on all four sides of the building. All
fascia and soffits will be a paintable fiber-cement or durable hardboard trim. The entry will
be accented with a natural or painted heavy timber appearance. Roofing material will be a 40-
year heavy architectural asphalt shingle in a slate or black shade. All exterior doors will be
heavy commercial grade construction and finish. Windows will be Energy Star@, low-E,
color-coordinated heavy vinyl." Any new structure should be generally compatible in
appearance and bulk with the elevatioIl8 provided with the application attached in Exhibit C
and the construction materials detailed above, as detennined by the Planning Director or
otherwise approved through a Conditional Use Pennit.
Hoyd Ann~ation - AZ-06-062
Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6,2007
Access: The conceptual site plan shows this property being accessed from Carmel Drive, not
Meridian Road. A driveway is also shown at the north boundary, which will provide future
crass-access with the property directly north of the site. As part of the Development
Agreement for this site, the applicant will be required to grant a cross-access easement to the
property directly to the north. (see Exhibit B). Direct access to N. Meridian Road is not
proposed or approved with this application.
Hours of Operation: In the applicant's submitta11etter, the applicant states that the hours of
operation for the proposed development will be standard business hours from approximately
8:00 am to 6:00 pm Staff is reconunending as part of the Development Agreement that the
hours of operation for future businesses on the site be limited to the hours between 6:00 am
and 10:00 pm because of the existing residential uses east of the site.
Landscaping: Meridian Road is classified as an arterial roadway; a 25-foot wide landscape
buffer is currently required adjacent to arterial roadways. Cannel Drive is classified as a local
road; a 10-foot wide landscape buffer is currently required adjacent to locallconunercial
roadways. There are existing residential uses to the east and north of the site; a 25-foot wide
landscape buffer is required between C-C zoned property and residential uses (UDC Table
11-2B-3), Note: The property owner to the north currently has an application in process to
annex and zone the properly directly to the north to a commercial zone. If this request is
approved, a 25-foot wide landscape buffer along the north boundary will not be required.
All landscape buffers will be required by the City with future CZC approval and shall be
installed prior to issuance of Certificate of Occupancy.
Flood plain: A small portion of this property at the northeast comer of the site along the
Five Mile Creek is located within the floodway, in the AE flood zone. Because of this, any
new building on this site shall be required to receive elevation certification.
Parking: For professional offices, parking stalls are currently required at the rate of one
space per 500 s.f. of gross floor area (UDC 11-3C-6B). There are 43 parking stalls shown on
the conceptual site plan; only 28 are required by ordinance. The parking shown on the
conceptual site plan meets and exceeds the requirements of the UDC.
Certificate of Zoning Compliance: The applicant shall be responsible to obtain a
Certificate of Zoning Compliance (CZC) permit from the PlaIUling Department for all new
construction on the subject property. A copy of the recorded cross-access
easement/agreement with the property owner directly north of the site shall be submitted to
Planning staff prior to CZC issuance.
Development Agreement: UDC 11-5B-3D2 provides the P&Z Commission and City
Council 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 proposed use and proposed cross-access, staff believes that a Development
Agreement is necessary to ensure that tbis property is developed in a fasbion that is
consistent with the comprehensive plan and does not negatively impact nearby
properties. If the 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 the annexation of this property.
Prior to the aIUlexation 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
Hoyd Annexation - AZ-06-062
Page 8
CIlY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR. THE HEARING DATE OF MARCH 6, 2007
developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6
months of Council approval to initiate this process. The DA shall include, at minimum, the
following:
· A cross.access easement to Carmel Drive shall be provided to the property owner to
the north (Matthew Hartz). Prior to issuance of a Certificate of Zoning Compliance
on this site, submit a recorded copy of said cross-access easement to the Planning
Department.
· The hours of operation for future businesses on the site shall be limited to the hours
between 6:00 am and 10:00 pm to reduce possible adverse impacts on the existing
residences adjacent to the site.
· The applicant shall be responsible to obtain a Certificate of Zoning Compliance
(CZC) permit from the Planning Department for all new construction on the subject
property.
· All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
· Any future building on the site shall substantially comply with the conceptual
elevations and construction materials submitted to the City as shown in Exhibit A of
the Staff Report.
· The detailed site plan submitted with any CZC application on this site shall
substantially comply with the conceptual site plan submitted to the City as shown in
Exhibit A of the Staff Report.
· The applicant shall be responsible for all costs associated with sewer and water
selVice installation.
· No direct lot access to Meridian Road shall be allowed to this site.
· Upon development of the property, a minimum 25-foot wide landscape buffer shall
be constructed along N. Meridian Road. The landscape buffer shall be placed on the
subject property, in accordance with the UDC standards.
. Upon development of the property, a minimum IO.foot wide landscape buffer shall
be constructed along Carmel Drive. The landscape buffer shall be constructed in
accordance with the UDC standards.
· Upon development of the property, construct a minimum 25-foot wide landscape
buffer adjacent to any existing residential uses which abut this site.
· Sidewalks shall be installed along N. Meridian Road and Cannel Drive.
. Any new building on this site shall be required to receive elevation certification.
· The applicant shall complete all required improvements prior to obtaining a
Certificate of Occupancy for the proposed development.
b. Staff Recommendation: Staffre4:ommends approval of the subje4:t applitation AZ-06--062,
with the Development Agreement provisions listed in Exhibit B of the Staff Report, for the hearing
date of February 1,2007. The Meridian Plannin2 and Zonin2 Commission heard this item on
February 1. 2007. At the pubUc heariDl! they moved to recommend approval with the condition
that a rear elevation be submitted for Countil's review and aooroval at the public hearin!!. The
Meridian City Council heard tbis item on March 6. 2007. At the DubHc hearing- they aDDroved the
lilubiect AZ reoued.
11. EXHIBITS
A. Drawings
Hoyd Annexation - AZ-06-062
Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF MARCH 6, 2007
1. Vicinity Map
2. Conceptual Site Plan
3. Conceptual Building Elevations & Construction Materials
B. Agency Comments
1. Planning Department
2. Fire Department
3. Police Department
4. Ada County Highway District
C. Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Hoyd Annexation - AZ-06-062
Page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007
Exhibit A
1. Vicinity Map
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF MARCH 6,2007
2. Conceptual Site Plan
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1Illli-.' _ 11,
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6,2007
3. Conceptual Building Elevations & Construction Materials lRp.vised)
Front Elevation:
Side Elevation:
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Construction Materials: The maiority of the exterior finiMh will be fiber-cement with raised
accents around ::ctndowlI and cornen. while the bottom of the lower stOry. and the corners from
floor to too of 2 floor walls will be finilihed in a culhlred rione wainieot with a "lltar:k-Ilfnne"
annearanee on all four IIi deli Qf the building. All fBlda and lIomt. will be a Daintable fiber-cement or
durable hardboard trim. The entrY will he accented with a natural or nRinted heavv timber
annearance. Roofing material will be a 40-vear heavv arrhitectural asnhalt shim~le in R slate or
black shade. All exterior doors will be heavv commercial Ilrade construction and finish. Windows
will be Rnenrv Star@.low-E. color-coordinated heaw vinvl.
Exhibit A
CITY OF MERIDIAN PLANNING OEP ARTMENT 51 AFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007
Exhibit B
Agency Comments
1. PLANNING DEPARTMENT
1.1 The annexation legal description submitted with the application (stamped on November 22, 2006,
by Michael Marks, PLS) shows the property adjacent to the existing corporate boundary of the
City of Meridian.
1.2 Prior to the annexation ordinance approval, a Development Agreement shall be entered into
between the City of Meridian, the property owner(s) (at the time of annexation ordinance
adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-
4433 within 6 months of Counc:iI approval to initiate this process. The DA shall include, at
minimum. the following;
· Provide a cross-access easement to the property owner to the north (Matthew Hartz). Prior
to issuance of a Certificate of Zoning Compliance for any new building on the site, provide
a recorded copy of said cross-access easement.
· The hours of operation for future businesses on the site shall be limited to the hours
between 6:00 am and 10:00 pm to reduce possible adverse impacts on the existing
residences adjacent to the site.
· The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC)
permit from the Planning Department for all new construction on the subject property.
· All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
· Any future building on the site shall substantially comply with the conceptual elevations
and construction materials submitted to the City as shown in Exhibit A of the Staff Report.
· The detailed site plan submitted with any CZC application on this site shall substantially
comply with the conceptual site plan submitted to the City as shown in Exhibit A of the
Staff Report.
· The applicant shall be responsible for all costs associated with sewer and water service
installation.
· No direct lot access to Meridian Road shall be allowed to this site.
· Upon development of the property, a minimum 25-foot wide landscape buffer shall be
constructed along N. Meridian Road. The landscape buffer shall be placed on the subject
property, in accordance with the UDC standards.
· Upon development of the property, a minimum 10-foot wide landscape buffer shall be
constructed along Cannel Drive. The landscape buffer shall be constructed in accordance
with the UDC standards.
· Upon development of the property, construct a minimum 25-foot wide landscape buffer
adjacent to any existing residential uses which abut this site.
· Sidewalks shall be installed along N. Meridian Road and Carmel Drive.
. Any new building on this site shall be required to receive elevation certification.
· The applicant shall complete all required improvements prior to obtaining a Certificate of
Occupancy for the proposed development.
2. FIRE DEPARTMENT
2.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
2.2 Final Approval of the fue hydrant locations shall be by the Meridian Fire Department.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007
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 Hnish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
2.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
2.4 All entrance and internal roads and alleys sha11 have a twning radius of 28' inside and 48' outside
radius. A turn-around shall be provided at the north end of property that meets the requirements
of the Fire Department.
2.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
2.6 Operational [ue hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
2.7 Commercial and office occupancies will require a rue-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
2.8 Maintain a separation of 5' from the building to the dumpster enclosure.
2.9 Provide a Knox box entry system for the complex prior to occupancy.
2.10 Provide exterior egress lighting as required by the International Building & Fire Codes.
2.11 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 around the exterior of the facility or building, on-site [ue hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R.3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
3. POLICE DEPARTMENT
3.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed three feet in height.
3.2 Any interior fencing proposed along the creek shall allow visibility from the street or shall not
exceed four feet in height if solid fencing is used.
4. ADA COUNTY HIGHWAY DISTRICT
Exhibit B
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6,2007
4.1 District policy requires 96.feet of right-of-way on arterial roadways (Figure 72-F1B). This right-
of-way allows for the construction of a 5.1ane roadway with curb, gutter, 5-foot concrete detached
sidewalks and bike lanes.
4.2 District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all
collector roadways and arterial roadways (7204.7.2).
4.3 District policy 7207.8 states that direct access to arteria15 and collectors is normally restricted.
The developer shall try to use combined access points. IT the developer can show that the use of a
combined access point to a collector or arterial street is impractical, the District may consider
direct access points. Access points for proposed developments at intersections should be located
as far from the intersection as practical, and in no case closer than as illustrated on Figure 72.F4,
unless a waiver for the access point has been approved by the District Connnission.
4.4 Graveled driveways abutting public streets create maintenance problems due to gravel being
tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be
required to pave the driveway its full width and at least 30-feet into the site beyond the edge of
pavement of the roadway and install pavement tapers with 15~foot radii abutting the existing
roadway edge.
4.5 District policy 72~F4 (1) and 72.F4 (2), requires driveways located on commercial/industrial
roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured
near edge to near edge).
4.6 District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000
vehicles to a maximum width of 36-feet. Most commercial driveways will be constrocted as curb-
cut type facilities if located on local streets. Curb return type driveways with 15- foot radii will be
required for driveways accessing collector and arterial roadways.
4.7 Staff recommends that the applicant and/or representative schedule a pre-application meeting
with District Staff prior to design and submittal of a fonnal development application.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH I, 2007
Exhibit C
Legal Description & Exhibit Map
HOYD PROPERTY~:: ~
MERIDIAN
A,.PARCEL OF LANOlOCATEO IN,THE SW 1/4 OFSECTI,oN 6.
TOWNSHIP 3 NORTH, RANGE'1 EAST. BOISE MERIDIAN. MERIDIAN. AOA 'GPUNTY,
IDAHO,
MORE PARTICULARLY DE$CRIB!5C, A3 FOLLOWS:
COMMENCING AT A. BRASS CAP MARKING THe'$W CORNER QF SECTION 6,
TOWNSHiP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
'THeNCE N 00.25'30" W A DISTANCE OF 1004.09 FEET TO THE REAL POINT OF
BEGINNING; ',,'
THeNCE N 8~.34'30' E A. olSTANqe OF, 235.70 FEE;T AlONG THE {\IORtH RIGHT-OF-WAY
OF EAlaT C~El DRIVE TO A. 'POINT:
Tt1I:NCE 31.82 FEET AlONG THe ARC OF A CURVE to THE LEFT HAVING A aADlUS OF
35.00 FEET, A DEl.. TA OF 52"05'30" AND A CHORD BEARING OF N 63"'3'~~ E A DISTANcE
QFSO.74 FEETTOAP6lNT; , ' ,
THENCE N' ~7"'29"OO" E A DIST~NCE OF 4J,84 FEET TO A POINTOi'II mE CENTEf(LlNE OF
FIVE MILE CREEK;
lEAVING SAID RIGHT.oF'-WAY ANQALbNG THE CI;NTERUNE OF FiVe; MILE CREEK;
THENCEN 53"1!1'2,r W A DISTANCE OF 81.93 FEET TO A. POINT;
THENCE N 06'3A~ W A DISTANCE OF 224.11 FEET TO A POINT~
LEAVING ,SAID CENTERLINE;
THENCE S: ~8"25'12' W A DlST ANceOF 6,26 FEET TO A POlNT~
THENCE S:OO"25'3q" E A D'~'JNf;e pF S4,2~ FEET TO A POINT;
THENCE $ ~sr"14. W A DISTA,NCEOF 197.81 FEET TO A ,POINT ON CENTERLINE OF
NCiR'T:H MERID~ ROAD;
THENCE S OO"2~'3O" E A DISTANCE OF 230.~:FEET TO THIE REAL POINT 'OF BEGINNING,
.'~'t..-
:~
~c
....EfllO~~ oEf"f
'NOR,
Exhibit C
CIIT OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 1,2007
EXHIBIT
I'~D:)~
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CARMEL. DRIVE
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$." I.,
CHERRY LANE,
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B~VI~eJ'ROIMIL.
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MEFl.IOlAl\I PUBl.IC,
WORJl:S OE'PT
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HOVO PROPER-TY
LOCATED IN
SECnO'N 0,. T.3 N., R.1 Eo. 8.M.
MERIDAIN,
,ADA COUNTY, IDAHO
OAAWlt CSM
DATE: 11!15/06
Exhibit C
'i,CALE: 1"..100'
)OB:~O.
,N
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 1,2007
D. Required Findings from UnlOed Development Code
1. Annexation Findings:
Upon recommendation from tbe Commission, the Council shaD make a fuD
investiaation and shaD, at the public hearing, review the application. In order to
grant an annexation and/or rezone, the Council shaD make the following findings:
1. The map amendment complies with the applicable provisions of the
comprehensive plan;
The applicant is proposing to zone all of the subject property to C-C. The City
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 for more information.
2. The map amendment complies with tbe regulations outlined for the
proposed distrid, specitlcally the purpose statement;
The City Council finds that the proposed professional offices would be permitted
uses within the requested C-C zone and would assist in providing service needs
of the conunw1ity. As mentioned previously, the applicant has submitted a
conceptual development plan for this site. A detailed plan will be submitted with
the CZC application. The City Council finds that future development of this
property should comply with the established regulations and purpose statement of
the C-C zone.
3. The map amendment shaD not be materially detrimental to the public
health, safety, and welfare;
The City Council finds that the proposed zoning amendment will not be
detrimental to the public health, safety, or welfare. Staff reconunends that the
Conunission and Council rely on any oral or written testimony that may be
provided when determining this fmding.
4. The map amendment shaD not 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 City 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.
5. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The City Council finds that all essential services are available or will be provided
by the developer to the subject property and will not require WlI"easonable
expenditure of public funds. In accordance with the findings listed above, the
City Councll finds that Annexation and Zoning of this property to C-C
would be in the best interest of the City, if the applicant enters into
Development Agreement (DA) with the City, as mentioned in Section 10 of
the Staft' Report.
Exhibit D
j