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Creamline Park Sub AZ 06-045 ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO 02115/07 01:38 PM DEPUTY Neava Hanev RECORDED - REQUEST OF Meridian City AMOUNT .00 43 III 1111111111111111111111111111111111 107022431 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Ronald W. Van Auker, OwnerlDeveloper THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this .;)Bd day oLJGn11 C1. ~ ,2007, by and between City of Meridian, a municipal corporation of the State ofIdaho, he fter called "CITY", Ronald W. Van Auker, whose address is 3084 E. Lanark, Meridian, Idaho, 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, OwnerlDeveloper 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.e. ~ 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, OwnerlDeveloper 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 and (I-L) Light Industrial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, OwnerlDeveloper 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 & DRVRT .oPMRNT AGREEMENT (AZ 06~048) CREAMLINE PARK SUBDIVISION PAGE 1 OF 10 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 5th day of December, 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 OwnerlDeveloper to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERJDEVELOPER deems 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 OwnerlDeveloper 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 ofthis 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 06 048) CREAMLINE PARK SUBDIVISION 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 OWNERJDEVELOPER: means and refers to Ronald W. Van Auker, whose address is 3084 E. Lanark, Meridian, Idaho, 83642 , the party developing said Property and shall include any subsequent developer(s) or owner(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) and I-L (Light Industrial 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 Unified Development Code codified as Meridian City Code Section 11-2B-2 and 11-2C-2, as follows: Construction and development of four commercial lots on 8.74 acres in the proposed C-G zone and 6 industrial lots on 24.01 acres in the proposed I-L zone pertinent to this AZ 06-014 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. OwnerlDeveloper shall develop the Property in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. DEVELOPMENT AGREEMENT (AZ 06-048) CREAMLINE PARK SUBDIVISION PAGE 3 OF 10 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That the following uses shall not be allowed on Lots 3, 4, and 5, Block 1: a. Vehicle impound yard b. Solid waste transfer station c. Recycling center d. Vehicle Repair, major 6. That no trash compactors face the western property line on Lots 3, 4, and 5, Block 1. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That the design and architecture of any future buildings on this site be generally consistent with the ten photographs submitted by the applicant labeled "Design Goals - Creamline Park Subdivision" . 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 OwnerlDeveloper' 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 ~ 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ 06~048) CREAMLINE PARK SUBDIVISION PAGE 4 OF 10 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNA TION: OwnerlDeveloper 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 OwnerlDeveloper and if the OwnerlDeveloper fails to cure such failure within six (6) months of such notice. 8. INSPECTION: OwnerlDeveloper 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: 9.1 In the event Owner/Developer, or OwnerlDeveloper'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 OwnerlDeveloper 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 OwnerlDeveloper'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. DEVELOPMENT AGREEMENT (AZ 06-048) CREAMLINE PARK SUBDIVISION PAGE 5 OF 10 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 OwnerlDeveloper, 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. 12.2 In the event the performance of any covenant to be performed hereunder by either OwnerlDeveloper 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 OwnerlDeveloper agree to provide, if required by the City. 14. CERTIFICA TE OF OCCUPANCY: The OwnerlDeveloper agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and OwnerlDeveloper 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. DEVELOPMENT AGREEMENT (AZ 06-048) CREAMLINE PARK SUBDIVISION PAGE 6 OF 10 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 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: OWNERlDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Ronald W. Van Auker 3084 E. Lanark Meridian, ID 83642 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 provision hereof, and that the failure to timely perform any of the obligations hereunder shall DEVELOPMENT AGREEMENT (AZ 06-048) CREAMLINE PARK SUBDIVISION PAGE 7 OF 10 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 OwnerlDeveloper 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 OwnerlDeveloper, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that OwnerlDeveloper 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 OwnerlDeveloper 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 OwnerlDeveloper and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 06-048) CREAMLINE PARK SUBDIVISION PAGE 8 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERlDEVELOPER CITY OF MERIDIAN Attest: DEVELOPMENT AGREEMENT (AZ 06-048) CREAMLINE PARK SUBDIVISION PAGE 9 OF 10 STATE OF IDAHO, ) : ss County of Ada, ) On this 1!fiday of , 2007, before me, the undersigned, a Notary Public in and for said State, personally peared Ronald W. Van Auker, known or identified to me to be above person, 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. STATEOFIDAHO ) : ss County of Ada ) On this LO-th day of , 2007, before me, a Notary Public, person~J.llPxared T<U111U' de Weoroand. Willi' G. Berg, r., uw ur I enb Ie- to me to be the~h-QtClerk, 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. =rc.- "Ex:..- +<..r. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fIrst above written. ....... .. ... 0... .~ lII.. J.U. :Ji:. .. :'O'~:>---~~.:~~ . (SEPt,'t;~ 0 T ~.q'>'1!i.. . , ,...., . . ' ., . . ' , . I , . : ~ : . . ' , . , , . . \ , . ...d}.,.', A__ C / . ..~ J:;.;l! m.X: - ~C::.. ..f-.. OF fD?;- DEVELOP~ArJkEEMENT (AZ 06-048) CREAMLINE PARK SUBDIVISION . jClJ\J1 m-1f\.JZ 0 f---J Notary Public for Idaho Residing at: ('ell riJ l 't I I 1 D Commission expires: \ ()-l \ '--\1 PAGE 10 OF 10 Exhibit A Legal Description I IDAHO SURVEY GROUP 1450 East Watertowe,- St. Suite 150 Meridian,ldaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 Project No. 06-210 July 26, 2006 Creamline Park Subdivision Annexation Description A parcel of land located in the West Y, of the SW1I4 of Section 12, T.3N., Rl W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest comer of said Section 12, from which the y., comer common to Section 13 and the said Section 12 bears South 89015'24" East, 2651.28 feet; Thence South 89015'24" East, 353.08 feet to the REAL POINT OF BEGINNING. Thence North 00043' 10" East, and along the East line ofHeppers Acre Subdivision, as same is recorded in Book 19 of Plats at Page 1298, records of Ada County, Idaho, a distance of 1476.50 feet to the Northeast comer of said Subdivision lying on the South right-of-way of the Union Pacific Railroad; Thence along said right-of-way South 88030'36" East, 968.15 feet; Thence departing said right-of-way South 00032'36" West, 1463_89 feet to the West 1116 comer common to said Sections 12 and 13; Thence North 89015'24" West, 972.56 feet to the Point of Beginning. Containing 32.75 acres, more or less. ~~~/~,~~..~~~~. S.'~. ~.~ o~RO\J;l,\... kE\jI\'.'~ A. - tj}::;.'_." c:,!~r- D. Terry Peugh, PLS Professional Land Surveyors CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED . NOV. 3 Q 2006 ~) eridian . k Office olfe~di~n ' ~ ..~~ t. ID....HO' ~. In the Matter of Annexation and Zoning of 32.75 acres from RUT to I-L and C-G AND Preliminary Plat approval for 6 industrial lots and 4 commercial lots for Creamline Park Subdivision, by Creamline Associates, LLC. Case No(s). AZ-06-048 and PP-06.050 For the City Council Hearing Date of: November 21, 2006 (Findings on the December 5, 2006 City Council CODsent agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 21,2006 incorporated by reference) 2. Process Facts (see attached Staff Rtlpurt [ur thtl htlaring; uatl;: ufNovember 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 21,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 21,2006 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. 967-6503). 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, Resolutiun Nu. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ II-SA. 4, Due consideration has been given to the conunent(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-048 and PP-06-050 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, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of November 21, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code ~ 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 31,2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. Deleted condition 1.2.8 which required the applicant to cover the Eight Mile Lateral. b. Modified condition 1.2.6 to increase the landscape buffer between uses to ten feet with a vinyl fence. c. Added condition 1.2.11 which requires a shared driveway and cross access easement for Lot 10 Block 1 such that it shares a single access to Franklin Road with the property to the east. d. Modified condition 3.20 to only apply to Lots 4,5,6, and 7, Block 1. e. Added a provision to the DA that requires the design and architecture of any future buildings on this site be generally consistent with the ten photographs submitted by the applicant labeled "Design Goals ~ Creamline Park Subdivision". 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 21, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSiONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.06.048 and PP.06-050 Please take notice that approval of a preliminary plat, combined preliminary and [mal plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval ofthe preliminary plat or one (1) year of the combined prelitninary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and confonns substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the [mal plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as detennioed and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approvallllay within twenty-eight (28) day~ afil;:r thl;: date uf this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 21,2006 CITY OF MERIDIAN fINDINGS Of FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-048 and PP-06-050 e;-.f~ vi - dayof By action of the City Council at its regular meeting held on the ~ ~1J.,1- "' · 2006. " - COUNCIL MEMBER SHAUN WARDLE VOTED ~ VOTED ~ Cf VOTED$K-.; VOTED~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BmD TIE BREAKER MAYOR TAMMY de WEERD VOTED - - MAX0 \ l4Je WEERD ,\' ...... ~, ,\ :'\"" -- '" !'"'6....;:~~}'; ~ \ A TTEST: .~ ~ ~o -;. &~~&lo~~,~::L,# ~) ~ ..., ....-.~ .....:.- ....../ f'_ 'tv,' fff( '4..}UNT"'{. \\" ffll \\\ Copy served upon: _v _ Applicant '!flUi: H\\\\\ ~ Planning Department ,/' ~ Public Works Department ..,/ City Attorney By:J(}.ll'\:~J\. 0 D......J City Clerk's Office Dated: \:1..\ \-oU CIlY OF MERIDIAN f'TNnTNGS OF F ACT, CONCLUSIONS OF LAW AND DECISTON & ORDER CASE NO(S). AZ-06-048 and PP-06-oS0 CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF NOVEMBER 2\, 2006 STAFF REPORT TO: FROM: Hearing Date: 11/21/2006 Mayor and City Council Justin Lucas Associate City Planner Meridian Planning Department 208-884-5533 r-...U /,C~~ ,s. . L7VlCridi:n"'t\ \ IU,\HO I ~ ~ .. SUBJECT: Crc:amlino Park Subdivision AZ-06-048 Annexation and Zoning of 32.75 acres from RUT (Ada County), to 8.74 acres ofC.G (General Retail and Service Commercial) and 24.01 acres ofI.L (Light Industrial). PP-06-0S0 Preliminary Plat approval of 4 commercial lots on 8.74 acres in the proposed CoG zone, and 6 industrial lots on 24.01 in the proposed I-L zone, by Creamline Associates, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The a.pplicant, (;reamline Alllloc1atell, LL(;, has applied for Annexation and Zoning (AZ) to (;-G (General Retail and Service Commercial) for 8.74 acres and I-L (Light Industrial) for 24.01 acres of property currently zoned RUT in Ada County. The site is located on the north side of Franklin Road, near the northeast comer of .Franklin and Linder Roads, approximately 350 feet east of Linder Road. Currently, the land is being used for agriculture and there are no buildings on the site. The subject property is within the Urban Service Planning Area and is currently referenced as parcel numbers 81212336100 and S1212336596. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent rc::view. Below, staff has providc::d a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is reconunending approval of the proposed Creamline Park Subdivision (AZ-06-048 and PP-06- 050) with the conditions listed in Exhibit B of the Staff Report. The Meridian Plannin!! and Zooin!! Commission beard these items on October 19. 2006. At tbe public hearin!! tbev moved to recommend aooroval. a. Summary of Commission Public Hearin~: i. In favor; Brad Miller ii. In oooosition: None Hi. Commentinll: None iv. Stafforesenting apolication: C. Caleb Hood v. Other Rtaff commenting on apnlication: None b. Kev Issues of Discussion bv Commission: i. - 25 foot landscape buffer between I-L zoned uses and alternative comoliance: ii. - Fire Ueoartment restrictions on lots north of the Eight Mile Lateral: iii. - Required tiling of the Eil!ht Mile Lateral: iv. - Possible emeraency access into the site on the northern property line: v. - Public street access into the property: vi. - Loadinl! areas. docks. and bays facing west. Creamline Park Subdivi5ion AZ-06-048/PP-06-050 PAGE 1 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 c. Kev Commission CbaDl!es to Staff Recommendation: i. - Elimination of condition 1.2.2 which required the applicant to provide two DubUc street access points to this property connected hv a 1000 road; ii. - Elimination of condition 1.2.3 which reauired the aoplicant to provide a cross access easement to the neililihorinl! property to the west; iii. - Elimination of condition 1.2.4 which required the applicant to include a 25 foot landsca~e buffer between uses along the western boundary of Lots 3w5. Block 1: iv. - Modification of condition 1.2.5 to allow loadinl!' areas. docks. or bavs to face the western oroperty line. v. - Required applicant to submit an alternative compliance application for the 25 landscaoe buffer between uses: VI. - Rl;:Uuirt.:u the;:: applicant to pun;ut: all e;::mt:rgtmcy al,;l,;t::s:s point alOll!! the;:: northt:m nrQoertv line and reoort to the Council if this was viable. d. OUQtandin2 Issue(sl for Citv Council: i. - The apDlicant is requestinil: not to cover the Eiaht Mile lateral on this oroperty as reauired bv the UDC (see condition 1.2.8): ii. - The applicant should provide more information about a possible emergency access ooint available alolllo! the northern orooertv line. iii. -The comprehensive plan desilIDation for the nei!!hborim! nroperties to the west is Mixed Use Conununitv which would allow for various zoninl! desimations and uses. Staff is concerned that decreasina the required landscape buffer alonl! the western \,'lrooertv line from 25 to 5 teet. as recommended by the Planning Commission. mav have a substantial adverse affect on the future redevelonment ootential of other prooerties in this area. The Meridian City Council heard these items on November 21. 2006. At the DubUc hearinp' tbev anD roved the D(oiect. with cbanl7e!il. A! SummarY of Citv Council Public Hearinp: i. In favor: Brad..Mill.er 11. In oDDosition: NSWSl ill. Commenting:: None IV. Written testimonv: None v. S.tafforesentim!' annlication: Anna Borchers Canninf! vi. Other staff commentin,," on_application: Joe Silva h. Kev h!ilUeli of DiliCUliliioll bv Council: i. - Relationshin between uses ii. - Access into nron9sed proiect ill. - ReQuired buffer between land uses iv. - Coverina the Eil!:ht Mile Lateral ~ Kev Council Changes to Commission Rerommendation: i. - Deleted condition 1.2.8 which reauired the anplicant to cover the Eif!ht Mile Lateral. ii. - Modified condition 1.2.6 to increase the landscape buffcLb_etween uses to ten feet. and the constroction of a vinvl fence. iii. - Added condition 1 2.11 which reQuires a shared drivewav and cross access easement for Lot 1 0 Block 1 such that it shares a single access to Franklin Road with the propertv to the east iv. - Modified condition 3.20. relZardina Fire Deoartment sisrn off of uses nrior to C7.C to only annlv to Lots 4. 5. 6. and 7 Rlock 1. Creamline Park Subdivision AZ.06-048/PP-06-050 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIIE HEARING DATE OF NOVEMBER 21, 2006 v. - Added a orovi!;ion to the DA that reauires the desilm amlarchitecture of anv future buildimls on this site be l!enerallv cnnsistent with the ten DhotOQTaDl!~ submitted bv the aoolicant labeled "DesillO. Goals - Creamline Park Subdivi !;i on" . 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ. 06-048 and Ppw06-050 as presented in the StaffRcport for the hearing date of November 21, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny Pile Numbers AZ- 06~048 and PP-Q6-050 as presented during the hearing of November 21, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue Pile Numbers AZ-Q6-Q48 and PP-06~050 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: 1200 West Franklin Road; in Section 12, Township 3 North, Range 1 West. b. Owner: Creamline Associates, LLC 3670 Hepburn Circle Stockton, CA 95209 c. Applicant: Same as owner d. Representative: Kent Brown, Bailey Engineers e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Mixed Use - Community g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 32.75 acres to a mix ofC-G (8.74 acres) and I-L (24.01 acres) and Preliminary Plat approval of four commercial lots and six industrial lots . I. Date of preliminary plat (attached in Exhibit A): 7/31/2006 2. Date oflandscape plan (attached in Exhibit A): 8/10/2006 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 City Council on this matter. Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006 b. TJ:1e subject application will in fact constitute a preliminary plat as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 2nd and 161h, 2006 (planning Commission) October 30ch and November 13. 2006 (Citv Council) d. Radius notices mailed to properties within 300 feet on: September 22nd, 2006 (Planning Commission) October 27th, 2006 (Citv Council) e. Applicant posted notice on site by: October 911l, 2006 (Planning Conunission) November Bib, 2006 (Citv Council) 6. LAND USE a. Existing Land Use(s): The site is currently vacant; there are no existing buildings. b. Description of Character of Surrounding Area: There are various uses that are adjacent to this property. To the east is a large industrial area that includes a storage facility and other light industrial uses. To the north is the railroad, a retirement community and multi-family dwellings. To the west is a daycare facility within city boundaries and various rural residences zoned Rl in Ada County. To the south across Franklin Road is the Crestwood Estates Subdivision, a single-family residential neighborhood. c. Adjacent Land Use and Zoning: 1. NOJth: Retirement Community and future Multi-family, Zoned L-O 2. East: Lumber Storage and Vacant Land, Zoned I~L 3. South: Franklin Road and Crestwood Estates Subdivision, Zoned R-4 4. West: Single-family homes and some home occupations, zoned Rl (Ada County), a daycare, zoned L-O, and vacant land zoned c-c. d. History of Previous Actions: In February of 2005 the Planning D~artment received a previous development application for this property. This application consisted of an annexation and zoning request for the entire 32.75 acres, to a mix of residential and commercial zoning districts. The application also included a conditional use pennit [or mulli[amily dt.:vdopmdll, and a request for preliminary plat approval of 146 residential building lots, and I commercial lot. This previous development application only included one public street access point to Franklin Road. The Planning, Police, and Fire Departments had serious concerns about adequate access to this previous proposed development. These concerns were outlined in the staff report along with recommendations to provide some type of secondary access in to the proposed development. The primary recommendation was to provide a stub street that could be extended to Linder Road. The Planning Department also had serious reservations about the compatibility of uses on this site, specifically the potential conflict between the proposed residences and existing industrial users to the east. Due to these concerns the applicant chose to withdraw the application before it was voted upon by the Planning Commission or City Council. e. Existing Constraints and Opportunities: 1. Public Works; Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 4 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21 2006 , Location of sewer: There is currently a sewer trunk on the north side of this property and a sewer main in W. Franklin Road. Location of water: There is currently water main located in W. Franklin Road, Issues or concerns: 1.) Water main sizing. 2.) Flood plain. 2. CanalslDitches Irrigation: The Eight Mile Lateral runs directly through this site. The applicant is proposing to cover this lateral as required by the UDC. 3. Hazards: A portion of the rear of this property lies within the 100 year flood plain. 4. Proposed Zoning: C-G (General Commercial) and I.L (Light Industrial) S. Size of Property: 32.75 acres f. Subdivision Plat Information; 1. Commercial Lots: 4 2. Industrial Lots: 6 3. Total Building Lots: 10 4. Common Lots: 0 S. Other Lots: 0 6. Total Lots: 10 g. Landscaping 1. Width of street buffer(s): 25 feet (along Franklin Road) 2. Width ofbuffer(s) between land uses; 25 feet (to non industrial uses) 3. Percentage of site as open space: Nt A h. Off.Street Parking: UDC 11-3C-6 requires one parking space for every 500 square feet of gross floor area in all Commercial Districts, and one parking space for every 2,000 square feet of gross floor area in all Industrial Districts. i. SWllffillry ofPwposcd Strcl;ti5 and/or Access; Oue public street (North West 13th) is proposed for this proj eet. This street is a cul-dc-sac that extends from Franklin Road and rons north into the property for approximately 450 feet. Beyond the cul-de-sac the applicant is proposing a 500 foot drive aisle and cross access easement to provide access to the rest of the property that is not directly served by the cul~de~sac. The applicant is also proposing to construct two curb cuts that will allow for direct access from Franklin Road [or Lols 2 ami! 0, Blovk 1. Plt:ast: st:t: Staffs Analysis below for more on the proposed access for this development. 7. COMMENTS MEETING On September 29,2006, a joint agency and departments meeting was held with service providers in this area. The agencies and depanments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included commentFl, conditionFl and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use Community" on the Comprehensive Plan Future Land Use Map. Mixed Use Community areas are anticipated to contain a variety of commercial and Cream1ine Park Subdivision AZ-06.048/PP-06-OS0 PAGE 5 CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006 residential uses (see Page 103 of the Comprehensive Plan.) The proposed Preliminary Plat includes four conunerciallots and six industrial lots. The conunerciallots are proposed in a C-G (General Commercial) zone and the industrial lots are proposed in an I-L (Light Industrial Zone). The Comprehensive Plan does not identify specific zoning districts that are allowed in the "Mixed Use Community" designation, but it does encourage transitional uses and flexibility. Staff believes that this property is in a transitional area of the city and that the C-G and I-L districts are appropriate, considering the current and potential neighboring uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter Vll, Goal Ill, Objective A, Action 1 ~ Require thal devdupmt::nl proje"'ls h~vt:: pl~nIlt::d for the provision of all public Rervices. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: · Sanitary sewer and water service will be extended to the project at the developer's expense. · The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. · 11,e subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed the lands will be se11liced by the Meridian Police Department (MPD). · The roadways acijacent 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. Municipal, fee~supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Se11lices Company. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land~use decisions. This publication encourages jUrisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal n. Objective A. Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow, Creamline Park Subdivision AZ-06.048/PP-06-0S0 P AGB 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR mE HEARING DATE OF NOVEMBER 21. 2006 The submitted preliminary plat proposes one public street that terminates as a public street with a cul-de-sac, but continues on into a large Industrial development as an access easement. Although Staff is unsupportive of the proposed street layout, Staff believes that through some modification (described at length in section 10) that this subdivision could improve circulation and connectivity in this area o/the city, if the conditions listed in Exhibit B are complied with. Chapter VI, Goal IT, Objective A, Action 13 - Rcview ncw development for appropriate opportunities to eOWlect to local roads and collectors in adjacent developments. The submitted preliminary plat does not take advantage of the location of SW 12th Street which is an existing local road across Franklin Street from this property. Staff is proposing that this local road be extended across Franklin to comply with this Goal and Action item (see Sectiun 10). Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. As noted above, the applicant is proposing one public street connection to Franklin Road (an arterial street) and two curb cut driveways. Staff is not supportive of the proposed access and street design and describes an alternative plan in Section 10 of this rPl'nrt. Staff helieves that direct lot access should be restricted for this project, and that the applicant should provide a more versatile public street system. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing an industrial zone adjacent to various residences and a day care facility. Stafffinds that the industrial use can co-exist with these residential properties in the near vicinity if land use buffers are installed along the western property line as conditioned in Exhibit B. Chapter VII, Goal IV, Objective A, Action 2 - Encourage industrial development to locate adjacent to existing industrial uses. The IUfld abutting this properties eastern boundary is currently zoned I-L within in the city. Staff believes that allowing for an I-L zone on the northern portion of the subject property is consistent with the comprehensive plan. Chapter VII, Goal IV, Objective A, Action I - Minimize noise, odor, air pollution and visual pollution in industrial deve10pmenl adjaccnllu resilkntial areas. Currently there are van'ous residential uses abutting the western boundary of this property. While these residences will most likely transition to commercial uses in the future, staff is still concerned about noise and other impacts an industrial development could have on these properties. The developer should take these residences into account when it considers users for the lots that abut homes. Staff makes recornrnendationr; in Section 10 and Exhibit B of this report to help minimize any potential cnnjlict hetween uses. Chapter VII, Goal I, Objective E, Action 3 - Require industrial areas to create a site design compatible with sUrToWlding uses (e.g. landscape, fences, etc.) and community design criteria. See analysis above. Crc:amline Park Subdivision AZ-06..Q48/PP-06-0S0 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFf REPORT FOR THE HEARING VA IE OF NOVEMBER 21., 2006 Staffrecommonds that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNlFmD DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) lists various uses that are allowed in the C-G and 1-L districts. b. Purpose Statement of Zone(s): GENERAL COMMERCIAL DISTRICT (C-G); 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 cOlllmercial structures acco.llllllOdated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways: LIGHT JNDUSTRIAL DISTRICT (I~L): The purpose of the I~L District is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the l-L District is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this District. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Pla.n, staff believes that the requested C-G and I-L zones are appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on July 26, 2006 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Compatibility With Surrounding Uses: The proposed zoning designations and concept plan submitted by the applicant show various industrial and commercial buildings proposed for this site. Staff is mostly concerned with the proposed industrial uses on Lots 3-5, Block I that will be adjacent to various existing homes and a day care facility. To help avoid potential conflicts between the existing rcsidcnt;cs to the west and the proposed industrial development staff believes that some of the principally pennitted uses in the 1- L zone should not be allowed on Lots 3,4, and 5, Block 1. These uses include vehicle impound yard, solid waste transfer station, recycling center, and major vehicle repair. Staff feels that these uses are too intense to be located adjacent to residences. Staff also believes that no that no trash cOlllpactoI1:i, loading aleas, docks, or bays should face the western property line on Lots 3,4, and 5, Block I. Crearnline Park Subdivision AZ.06-048/PP-06.oS0 PAGE 8 CTTY OF MERIDIAN PLANNING DfP ARTMENT 51 AFF REPORT fOR THE HEARING DA IE OF NOVEMBER 21, 2006 Development Agreement: ODC 11-5B-3.D.2 and Idaho Code ~ 65.6711A provides the City the authority to require a property owner to enter into n Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fasbion that is consistent with the comprehensive plan designation and does not negatively impact nearby properties. Prior to the WUlexation ordinance approval. a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of WUlexation ordinance adoption), and the developer. Tbe applicant shall contact the City Attorney, Bill Nary, at 888-4433 to Initiate this process._The DA shall incorporate the following: · That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production oftratlic, noise, smoke, fumes, glare or odors. · That all future development of the subj eet property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. · That the applicant will be responsible for all costs associated with the sewer and water service extension. · That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. · That the following uses shall not be allowed on Lots 3,4, and 5, Block 1: a. Vehicle impound yard b. Solid waste transfer station c. Recycling center d. Vehicle Repair, maj or · That no trash compactors, lClading areas, eeeks, or bays face the western property line on Lots 3,4, and 5, Block 1. · That prior to issuance of any building pennit, the subj ect property be subdivided in accordance with thc City of Meridian Unified Development Code. · That the desilm and architecture of anv future buildiul!s on this site be l!enerallv consistent with the ten photoeraohs submitted bv the aoolicant labeled "Desill11 Goals - Creamline Park Subdivision". 2. PP Application: Upon modification per the conditions listed in Exhibit "B", Staff believes that the pmposed preliminary plat will substantially comply with the Unified Development Code. a. Special Considerations: Street Design: From the initial pre-application meeting for this project Staff has been concerned about access and circulation on this site and in this area. In the pre-application meeting the applicant proposed a single public road/cul.de-sac that extended deep into site Creamline Park Subdivision AZ-06-048/PP-06-050 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF NOVEMBER 21,2006 (approximately 800 feet). Staff infonned the applicant that such a street design did not meet the city's subdivision and street standards as described in ODC 11-6C-3B4. This regulation specifically limits cuI-dc-sac or dead end streets to a maximwn of 450 feet. The purpose of the maximum length requirement for cul~de-sac and dead end streets is to encourage developments to provide adequate public circulation in and through any development project. Staff voiced these concerns, and requested that the applicant redesign the site to provide for better circulation and access to such a largc development. In response to these requtlsls, lh~ applicant submitted the preliminary plat and concept plan that is included in this report (see exhibit A). As the plans show the primary access to this development is still a single cul-de~sac street that has been reduced in length from the original proposal Lu meeL the 450 foot maximum length requirement. The proposed industrial lots (4-7) at the north end of the property are antil,;ipaled to take access off of an approximately 500 foot driveway and cross access easement that is extended from the northern tenninus of the cul-de--sac to Lots 4-7, Block 1. While this configuration is not strictly prohibited by the UDC, staff is still concerned about the lack of access and public street circulation on this site. Although the applicant is meeting the cul-de- sac length requirement as described in the UDC, staff believes that the intent of that requirement is not being met. In other words when the proposed cul-de-sac is combined with the proposed private driveway easement the result is a 900 foot street/driveway that dead ends, and a 32.75 acre development which takes primary access from a 450 foot cuI-de-sac. To remedy this Staff proposes the following: That the applicant provides two public street access points to this property along Franklin Road. Staff suggests that these two access points be linked by a public street that would loop into the proposed development. Staff proposes that eastem public street access point be an extension of the existing SW 12111 Street which currently intersects Franklin Road across from the south east comer of this property. This extension ofSW 12th Street could be brought north into the property across the Eight Mile lateral, and then looped around to rcconnect with Franklin Road at a location to be detennined by the Applicant and AClID. This U shaped loop would provide two separate points of access into this project and increase the public street circulation pattern in this area. The extension of SW lzth street across Franklin Road would also provide access for the parcel (#SI212346615) to the east when they develop in the future, without the neoessity of an accos<, point on Franklin R.\;Iad. Staff presents this as one possible option that would provide greater access to this development. Other solutions could be developed by the applicant that could increase public and emergency access into the site. Staff is not recommending a stub street to the east due to the lack of any outlet in that direction, Likewise, SlaLTilil nul recununending a stub street to the west, to be cOIUlected with Linder Road, due to the size and configuration of the bordering lots. If a stub street was provided to the west it would cover an entire lot, if and when it was extended. A westerly stub street would also allow for unnecessary cut through traffic between Linder Road and Franklin Road. Access: Staff also has concerns about direct lot access to Franklin Road, which is classified as an arterial street on the adopted Functional Street Classification Map. A~ proposed the applicant shows Lot 2 and 10, Block 1 with direct access to Franklin Road. Chapter VII, Goal VI, Objective D, Action 2 of the Comprehensive Plan says that curb cuts and access points should be restricted along arterial and collector streets. Staff believes that direct lot access to Franklin Road should be restricted for this development. Staff believes that the applicant should provide a cross access easement to the Thornton property (parcel #1212336030) to the Creamline Park Subdivision AZ.06-048/Pp.06-0S0 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 west. Staff believes that providing cross access to this property is important due to its limited frontage (340 feet) on Franklin Road and proximity to the intersection of Linder and Franklin Roads. CompatibilitylLandscape Buffer to Adjoining Uses: The concept plan submitted by the applicant shows various industrial and commercial buildings proposed for this site. Staff is mostly concerned with the proposed industrial uses on Lots 3-5, Block 1 that will he adjacent to various existing homes and a day care facility. ODe Table 11-2C-2 requires a 25 foot wide landscape buffer to non-industrial uses in the I-L zone. Staff believes that this buffer will help to mitigate the inherent difference between the existing and proposed uses. Beyond this landscape buffer, staff also believes that no that no trash compactors, loading areas, docks, or bays should face: the weste:rn property line: on Lots 3,4, and 5, Block I. Landscaping: The landscape plan prepared by G. Gensen, on 8-10-06, is approved with the following modifications/notes: · Per UDC 11-2B-3, a 25-foot wide landscape buffer should be provided along Franklin Road that meets the standards outlined in 11-3B-7. · Per UDC Table 11.2C-2 construct a 25-foot wide landscape buffer on Lots 3- 5, Block 1, along the west property line. Said buffer should be constructed in accordance with ODC 11-3B-9. Said buffer should be installed prior to occupancy of the future use on the individuallot(s). · Per ODC 11-3B-IO, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. · A written certificate of completion should be prepared by the landscape architect, designer. or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B~14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Fencing: The submitted preliminary plat shows existing fencing around most of the site. The applicant did not make it clear if this fencing was to remain or be removed. Staff rC(:ommends that the applicant clarify, at tbe public bearing wbat the fencing plan is for this site._A detailed fencing plan should be submitted upon application of the fmal plat. If pennanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter fencing shall be designed according to UDC ll-3A-7. Ditcbes, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterways that intersect, cross or lie within the area being subdivided shall be covered. The Eight Mile Lateral traverses this site. TIlls lateral should be covered as required by the UDC. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a sunace or well souree is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the conunon areas prior to signature on the fmal plat by the City Engineer. An underground, Creamline Park Subdivision AZ-06.048/PP-06.050 PAGE 11 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006 pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDe 11-3A~15 and MCC 9.1-28. b. Staff Recommendation: Staff recommends approval of the subject applications AZ-06. 048 and PP-06-50, with the conditions listed in Exhibit B of the Staff Report for the hearing date of October 19, 2006. The Meridian Plannin!l and Zonin!! Commission heard these items on Ottober 19. 2006. At the public hearine they moved to recommend aoproval. The Meridian City Counril heard these items on November 21. 2006. At th~ Dublic hearing tbev annrnved the omied. with changeK. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 7.31-06) 2. Landscape Plan (dated: 8.10-06) 3. Concept Plan (dated: 8-10-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Nampa and Meridian Irrigation District C. Legal Description D. Required Findings from Unified Development Code Creamline Park Subdivision AZ.06-048IPP-06-0S0 PAGE 12 CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 A. Drawings 1. Preliminary Plat (dated: 7-31-06) .. I. ! III ~ , . I' 11' n (.... I I J "'J 'I II ; III ~u 0,. Ii -J " I g. !i II 5. \ ~J =1 't al: Ii"" 1/,,' I! ,;I I', ;l Ii 3H I ~w II, ~ I, ill !! IE l I II I d I' ' I :! 1" "I ~ '" ~I II h 11111 n tllIlIl! II II " I, ii il 11'1' - ~IJi I I', III !' !,.l' .... :. ,:11 Ij."....,.:~: ..' ,~~~ , " I ~ ! . , IL Q B ~I ~- ", . ~- '" ~ III 'S ~ h! j ~f A. $_1 1;; :ial i :~i ~ ~i I 8 '!i'1 ",.~~ i . 'f S'. PI' i :i!ill ,. ~"'----. ~! I : j J1 lIir.1l -- .....-, II' ,- -. i1ft- 'll~ I I ! - S;':; i ~.!II i · II'. i ' ,I -mil,! !,"! I f'l\ ..I I' d !. lit. ! · :i ~~: i~iV 1 h I .: In"11 I Ii I lHr' Hilll~' .' [Ii," 'i .: ! ' III ,i -'I r I lli Illj'Uii! II t .~~ Im!I!:~I!!I~ u-~ II m~-' 'f' -.:.t" .' !lm-;, Ii ,,! . Ir ,--~.t." -~.-. I .m I ~T ,"I ,lll_ '[l~'- .,;, :1- I I ,--- 'I [./1 ,'~' 1 ! '- l~ . or) .Il ' '. r " . I I ~ ., . .._I:,-,'!c-~rJ!~L~b_~'~1 III jj~!1 ~!::- -.1..... bY . ~ ' J ,D...:...- I --.J - "~..._---_._-'~~"'-"------ ------~- Exhibit A - Page I CITY OF MERIDIAN PLANNING DfPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF NOVEMBER 21,2006 2. Landscape Plan (dated 8-1O~06) I.. I . ,,/, /''><'''^ ,y,).... ,'~ A./" /'>..,^/: /', f " X ^ -x -', X ;. '. y '" :\. 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'1 """', , 1 . ~}, / ~...... I --j"~----k~:---{'_---~_~~s::~::::3 Exhibit A - Page 2 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR TIfE HEARING DA IE OF NOVEMBER 21, 2006 3. Concept Plan (dated: 8-1O"()6) X .><. ~x xxxxxxx~xx~~~ .)'< xXxxx".):xxxX'x xx xx>< x - . - ~ -'-.<-'\.<: x x -.......-""-.K:: l.X - ~ :: ~ - x x x xxx x '~xx)C J<.. '",",,~ I '-. -~J<.. X ~ ,/ -V_)(L / -^ ^-x-,,- _ J<..;>I X xx X x x 0N- x x x Xx. Xx x ~ x xx x x x x x X.J<. x?0.:><x. x x ~ X XX x Xx ? x XX ~x x ><~ ?- xxx Xx -~-x ;x X x X -"'->(- x / ~V~ ~Z ~ = / ~~ I fill! ~ ; I; f;a rJ - I( ~ I~II I ~ I ~ '1' IS I l 'II . ~ I !Iil! 'f. 1.1 Ii I I; _I I ij .1 r---- t-- l'll ill I I ....., = ~ 4 LANOSCAPe ~LAN'OH _~:... ~ CREAMLlNE PARK S~80IVISION -.-.. MER/alAN, lUAHu , ~I PROJI I~t. Jt.~. I~ .'WorJ':f RONALO W. VAN AUKER, INC. JOe4 EAST LANARK "CRIDIAN. IDAHO IIIoIIIII ~.!J,6,ifg I~""~ -........... ..-..--- D au._"'~'-"""'."'.......l"il!.-.... WI mil iIIol&.lII ""ra.~ .._.. ~, ~" ~: ------ Exhibit A - Page 3 CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 B. Conditions of Approval 1. Planning Department 1.1 ANNEXATION COMMENTS 1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, 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 to initiate this process. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (pP-06-050) 1.2,1 The preliminary plat labeled as PP-l, prepared by Bailey Engineering, me., dated July 31,2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-06-048) application shall also be considered conditions of the Preliminary Plat (PP-06-050) 1.2.2 The aPl'lieaat sBall prewae tws publie street aeeess psints tEl tms ~f8l"ert)' alSHg I<.1=aBJElin Reaa. These twe streets shall he linked tegs1:aer by a ~lie street that leeps iftle the prepesea aevelepmea.t aenlBS the Eight Mile Latef&l. ORe sf 180se puelie street assess peiats shall aliga witk ~1\T l2~ ~t,.eet whisR sQl'reRtly iRterseot& J7--1,1:- Reali aorml!! :€rem tffi.!! pr-8perty. OR The applieant shall sueMit a revisel! plat with itfi akemative skeet desig:a that iooreases the ability for aeeeBS te the aert1.:l siEle ef the Eight Mile Lateral, if refluWel! BY the CeftiB'HssieR. Sueft'l:it 1 Q fuY size eepies aad ane &.5" J[ 11" espy af the nl'Asea plat at least 1 Q aa-ys prior to the City CeWieil hear.ag. 1.2.3 The applieaflt Mall previae a cross seeess easement te the TRemteR pmperty (parsel '# 12123 3 603 Q) te the west. Sais easemeRt shall either 98 reesmed flFier t€l sigRiffilre ef tRe tiDal plat ey the City eagiaeer, and/13r ee 88flioted OR the faae sftae [mal plat. 1.2.1 The epplieaA/J sRall pr9...ide a 2S feet wide lansseape buffer along the western- bol:l:ftdary of Lets 3 5, Bleak 1. 'This eNfrer shall be aesigfled and }'I18fltoo iB aseeraaaee \VNft UDC 11 3:8 9. This baffer 8Rall be imltaYea sa eaeh let, prier te eeetipaaey af the bllilding 0H eaeh lot. 1.2.5 No trash compactors, leaEliag areas, saeks, or 9a-YS shall face the western property line on Lots 3- 5, Block 1. 1.2.6 The landscape plan prepared by G. Gensen, on 8-10-06, is approved with the following modifications/notes; · Per UDC ll-2B-3, a 25-foot wide landscape buffer shall be provided along Franklin Road that meets the standards outlined in 11-3B-7. · The applicant shall submit an alternative compliance application to reduce the 25 foot buffer between land uses on the western property line to a ten Mw foot landscane buffer with a six foot vinvl fence sham link klu II "tl..itk lil_ IIf a silitdll 0;8l8f'. · Per UDC 11-3B-IO, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site, if applicable. · A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the fmal plat application(s). 1.2. 7 ~hall claffiy,-at the public hoorin6, what type of feneing will be inBtallea ,":itk this develOJlmeat. A detailed fencing plan shall be submitted upon application of the final plat. If pennanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. All fencing shall be designed according to UDC 11-3A-7. I.l.R Per OOC 11 JA , all il'ti:;lItilu1. dHllhlla, lat8rala . f IUllull , ~'It imehlliiY"ij sf 1m) natural '.vlI.te",.ya-y, that intanilet, ilmBft III liil1>.<itMn the ana'tiliftg 8Mu-:ida8shall h llll":noa. PlaM ,,"ill ftllllll to ell appuvd '8y the appr81uiMIil iH'igatioll'dfaiugll distAllt, IIf latef8l UllSfB 8BBlHlieti8ft (shek eV:RilFS~, ...ita WA~IlR ippfll'l"al .er Rllft aPlu6~'al BuluBiu;a to the Pulllie ~Ylll'lfil Dil}HlrtmeRt. If 1atilfll lille,s tlBBll€Nm8R &flIUS";.1 lilllfi IUlt vt. _ \ltllHlIUl, _ltla.lllll iSh.DIl .. in h _ rl;. h;.. uJ ltUll ftPpn"1l8 9:'" Ql.lI Cit~. ~1\@.lillilf pAllr hi fHltll plat signMur@. 1.2.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.10 The applicant will pursue obtaininl!: emere:ency access on the north oroperty line prior to the City Council Hearin!!: for this proiect. The aoolicant shall reoort their fmdin~s concerninl!: this oossible emergencv access to the City Council durin!! the public heating:. 1.2.11 The nreliminarv and final olats shall denict a shared drivewav and cross access easement for Lot 10 Block 1 such that it shares a sinllllll access to Franklin Road with the monertv to the east. 1.2 GENERAL REQUIREMENTS-PRELlMINARY PLAT (PP-06-050) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidowalks shall be installed within the subdivision and on tho perimeter of the subdivisiol1 pursuant to UDC 11-3A-17. 1.2.3 Coordinate fIre hydrant placement with the City of Meridian Public Warks Department. 1.2.4 Staff's failure to cite specific ordinance provisions or tcnns of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11 -6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains located on the north and south of this project. The applil,;aut shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Exhibit B - Page; 2 _. CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT fOR THE HEARING DATE Of NOVEMBER 21, 2006 Public Works Departments Standard Specifications. 2.2 The preliminary plat depicts a sewer main being instal1ed in the landscape butler. Per City of Meridian's standard fonn of easement no trees shall be allowed within the required 20-feet of easement. The applicant shall coordinate with Planning to comply with this condition while still complying with all landscape ordinance. 2,3 Water service to this site is being proposed via extension of mains in W. Franklin Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 A water connection to the blow-off stubbed to this property from parcel #1212346667 shall be required. 2.5 The water main depicted from being installed from W. Franklin Road to the northern portion of this property shall be upsized to a minimum of IO.inch main. 2.6 A portion of this site is within a FEMA floodplain zone A. The applicant shall be responsible to determine the Base Plood Elevation, and if any lots are within the flood plain those buildings shall provide Base Plood Elevation Certification prior to building permits being issued. 2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with tiu;: rehnbw.sable amount shall be approved by Council prior to plat signatw-e. 2.8 The applicant shall provide a 20- foot easement for all public waterl sewer mains outside of public right of way (incluut: all watt:r st:rvit;t:s am! hydrants). 2.9 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development If it il:llu be.: mainlaintil as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre-construction meeting. 2.10 The City of Meridian requires that pressmi7.ed irrigation systems be supplied by a year-round source of water (UDC 11 ~3A"6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single~point connection is utilized, the developer will be responsible for the payment of assessments for the conunon areas prior to signature on the fmal plat by the City EngineeL 2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City EngineeL 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve thiR Reparation requirement and comply with all landscape requirements. 2.13 Any existing domestic wells and/or septic systems within this project shall be remove.d from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 The preliminary plat shows the Eight Mile Lateral as being left open. City code requires that ditches be tiled unless they are used as a water amenity or linear open space, or if the Council Exhibit B - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006 fmds the public purpose is not served by tiling this ditch. The council can also waive this requirement on large capacity facilities (48-inch has been the rule of thumb). Hthe large capacity argument is going to be used, the applicants engineer shall submit documentation supporting this assertion prior to the City Council hearing. 2.15 Per UDC 11~3A-6 all inigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If Interal users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.16 A drainage plan designed by a State ofIdnho licensed architect or engineer is required and shall be submitted to the City Engineer (Oed. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited wuess the jw'isdictioll which has authority over the l'cceiving stream provides written authorization prior to development plan approval. The applicant is responsible for f1ling all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive flnal approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy. 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat. 2.20 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.24 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.25 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. 2.26 One hundred watt, high~pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on flle with Public Works prior to activation. All streetlights shall be installed at subdivider's Exhibit B - Page 4 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006 expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and pennit from Building Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fIre protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the ftre hydrant locations shall be by the Meridian Fire Department. a. FiTt: Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant sha11110t face a street which does not have addresses 011 it. c. Fire hydrant markers shall be provided per Public Works speciftcations. d. Fire Hydrants shall be placed on corners when spacing pennits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above fwish 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 ofthe project. 3.3 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved twn around. 3.4 An approved fire department turnaround shall be constructed adjacent t9 the northem }'lfe}'lsrty liBe (Lets 3 and 6, Bleak 1) at the northern terminus of the proposed cross access easement that extends north from the cul-de-sac. TItis turnaround shall be generallv located near the southern boundaries of Lots 5 and 6. Block 1. This turnaround shall be fully accessible by emergency vehicles. 3.5 All entrance and internal roads and alleys shall have a twning radius of 28' inside and 48' outside radius. 3.6 Requirements for dead-end fIre apparatus access roads that are between 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving swface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table DI03.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.7 For all Fire Lanes. provide signage "No Parking Fire Lane", 3.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is broughl 011 silt:. ,t 9 Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. Exhibit B - Page 5 CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 3.10 The 4 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.12 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.1 J Where a portion of th~ facility or building hen:afitlr cumtructro or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a flre apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site frre 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). 3.14 There shall be a fIre hydrant within 100' of all Fire Department connections. 3.15 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section DI05. 3.16 This proj ect will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knox box Padlock which has to be ordered thm the Meridian Fire Department. 3.17 Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project as soon as possible. 3.18 The Fire Department reserves the right to restrict future uses that involve flammable and hazardous materials in areas that are only served by One access. This condition shall onlv applv to lots 4. 5. 6. and 7. Block 1 as shown on the preliminarv plat. 3.19 The Fire Department is concerned about adequate fire hydrant flow in this area. The applicant shall ensure that all fire hydrant flow specifications are achieved. 3.20 The apolicant must provide fue deoartment aooroval of anv uses north of the creek (Lots U 4. 5. 6. L Block I) prior issuance of a Certificate of 2onin!! Comoliance for any use or structure in this area. 4. Police Department 4,1 The Police Department is concerned about the single access that is provided to the industrial lots at the rear of this property. 5. Parks Department Exhibit B - Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF NOVEMBER 21,2006 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. Sanitary Service Company 6.1 sse did not provide comments related to this application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Construcl lh~ internal street, NW 13th Avenue, as a 41 ~ foot street section with vertical curb, gutter, and 5-foot attached concrete sidewalk, within 54-feet of right-of-way, localed approximately 400-feet east of the west property line. 7.2 Construct a standard cul-de-sac turnaround at the terminus ofNW 13th Avenue with a minimum turning radius of 45-feet. 7.3 Driveway access to NW 13th Avenue should be located a minimum of 50-feet (measured near edge to near edge) from the intersection with Franklin Road, be paved the entire width, and at least 30-feet intro the site. Commercial Driveways should be no greater than 36-feet wide, and industrial driveways should be no greater than 40-feet wide. 7.4 Relocate the westerly (closest to the intersection with Linder Road) driveway to take access from NW 13th Avenue; OR construct a shared right-inlright-out driveway at the west property line with a 6-inch raised median installed in the middle of Franklin Road to restrict turning movements. 7.5 Relocate the easterly driveway on Franklin Road to NW 13th Avenue, in compliance with District policy requirements; OR shift the driveway to align with 12th Avenue to the south thereby providing a shared access for the parcel to the east. 7.6 Provide an easement for the existing sidewalk on Franklin Road, if one does not already exist. 7.7 Other than the access point( s) specifically approved with this application, direct lot access to Franklin Road is prohibited. A note regarding this access restriction will be required on the fmal plat. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7, I b Any existing irrigation facilities shall be relocated outside ofthe right-of~way. 7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Exhibit B - Page 7 CITY OF MERIDIAN PLANNING DEP ARlMENT STAfF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 7.4b Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.5b Comply with the District's Tree Planter Width Interim Policy. 7'.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.7b All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards ond opproved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 7.Sb The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any m.Juirt1d Ul:lligIl changes. 7.9b Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.10b Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also lmown as Ada County Highway District Road Impact Fee Ordinance. 7.11 b It is the responsibility of the applicant to verifY all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two fuU business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACIIO Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.12b No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.13 b Any change by the applicant in the planned use of the property which is the subj ect of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department Exhibit B - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality; central sewage and central water. 8,3 RWl-off is not to create a mosquito breeding problem. 9. Nampa aDd Meridian Irrigation District 9.1 Applicant shall apply for a land use change application prior to final platting. 9.2 All laterals and waste ways must be protected. 9.3 All easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction 1!l !ltArted, is unacceptable. 9.4 All mwticipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 9.5 The Developer must comply with Idaho Code 31-3805. 9.6 NMID reconunends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B - Page 9 CITY OF MERlDlAN PLANNING DEPARTMENt STAFP REPORT FOR THE HEARING DATE OF NOVEMBER 21 2006 , C, Legal Description . IDAHO SURVEY GROUP 1450 East Watertower St. Sui... I~O Merldl.n,ld.ho 83642 Phone (208) 846-.9570 F;u: (2011) 11114,5399 Project No. 06.210 July 26, 2006 CrealDliDe Park SubdiV1sion ADnuatton Description A parcel of IlQllllucaled in thll West !4 of the SW1I4 ot Sectil;lIl 12. l'.3N., R.l W., BM., Ada County, Idaho, more pllflicularly described as follows: Commencing at the Southwest comer of Ilaid Section 12, from which the Yo comer common to Section 13 and the sClid Section 12 bears South 89015'24" Hast, 26j1.28 feet; Thence South 89015'24" East, 353.08 feet to the REAL POINT OF BEGINNING. Thence North 00043 'I 0" East, iIlld alollg the EiIllt line of Heppers Acre Subdivision, as same is recorded in Book 19 of Plats at Page 1298, reeonls of Ada County, Idaho, a distance of 1476.50 feet to the Northeast Comer of said Subdivision lying on the South right-of-way oithe Union PlICi1ic Railroad; Thence along said right-of-way South 88030'36" East, 968.15 fect; Thenc; departing said rigbt.of~way South 00032'36" West, 1463.89 feet to the West 1/16 comer common to said Sections 12 and 13; Thence North 89D15'24" West, 972.56 fc:cst to the Point of Beginning. Containing 32.75 acres, more or less. ~~~.~~;~~ ~.~~.;<'-- ,,,pRO~"'\. fle\J1I>'~.... . 1.\1::"-"-'.. ("!~. D. Terry P"'l1gh, Pf.S PI'Qfessiona/ Land Surveyors Exhibit C . Page 1 ~ o o I- W W Ii. ~ I.J,J .... <: u Vl ~ CITy OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2]. 2006 .68'tft-~ r--------------.!:!!~---n---------l I , i i I , ! J ~< ! ~~I ~ ~~ ~~I 1II1 gg; ~ rl: ;, is~' 'i , I I , I I I , , l'lg , I ...~ I ~e , Ln____________________________-"411l , ,OS'Ntl U~,it.OON ... I it' ii! , c I c5 Cl ~~ ~ = ~ ~n ~ !:I Ii" ~~ fill -i ~ ~eall a:c:l ~ ~ ih ~I ~ i ~~ \J~ Co) ~~ o o ~ o o N o 1::. N" 1n iii' i~1 I o o ~ N'.., ttr-'iij .... . ;j Ui Exhibit C - Page 2 CITY OF MERIDIAN PLANNING DEP ARTMENT STAPF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and sball, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following rmdings: 1. The map amendment complies with the applicable provisions ofthe comprehensive plan; The applicant is proposing to zone the subject property to C.G and I-L. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with thc cstablished regulations and purpose statement of the C..Q and I-L zones, if the applicant enters into a development agreement with the city. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare, if the applicant enters into a Development Agreement with the City and complies with the conditions listed in Exhibit B of the Staff Report. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fmding. 4. The map amendment shall Dot result in an adverse impact upon the delivery of services by any poUtical subdivision provilling pubUt services within the City including, but not limited to, school districts; aDd, Council finds that the prupust::u :,wning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. S. The auneAlStion is in the best of interest of the City (UDC 1l-SB-3.E). The C-G and I.L zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the future development in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expan!lion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning oftrus property to C.G and I-L would be in the best interest oCthe City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; eITYOF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 Council finds t.hat the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council fmds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, aod utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting lIervices for the proposed development; Staff recommends the COmmission and Council rely upon comments from the public service providers (Le., police, fire, ACHD, etc.) to determine this froding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should he brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommcnds that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves s.igniticant natural, scenic or historic features. Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic fcaturc(s) of major importance. Staff recommends that the Conunission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware.