Ahlquist Annexation AZ 06-065
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/13/07 02:57 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City 01 Meridian
AMOUNT .00
47
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1111111111111111111111111111111111111
107099628
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
Meridian Medical Plaza, LLC, Owner
Gardner Ahlquist Development, LLC, Developer
TillS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this -l-O day of ..jUAA1l...... , 2007, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CITY, Gardner Ahlquist
Development, LLC, whose address is 13901 W. Wainright, Suite B, Boise, Idaho 83713,
hereinafter called DEVELOPER, and Meridian Medical Plaza, LLC, whose address 13901
W. Wainright, Suite B, Boise, Idaho 83713, hereinafter called OWNERS.
1.
RECITALS:
1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in
Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, I.c. ~ 67 -6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Developer and/or Owners 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, Developer and/or Owners has submitted an application
for annexation and re-zoning of the Property described in Exhibit A,
and has requested a designation of (C-G) General Commercial),
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Developer and/or Owners made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT (AZ 06-065 GARDNER/AHLQUIST)
PAf1F 1 OF 17.
subject Property will be developed and what improvements will be
made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
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 8th day of May, 2007, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Developer and/or Owners to
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 DEVELOPER and/or OWNERS deem it to be in their best interest
to be able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, City requires the Developer and/or Owners 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:
DEVEWPMENT AGREEMENT (AZ 06-065 GARDNER/AHLQUIST)
PAGE' OF 1'.
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 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 ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 DEVELOPER: means and refers to Gardner Ahlquist Devleopment,
LLC, whose address is 13901 W. Wainright, Suite B, Boise, Idaho
83713, the party developing said Property and shall include any
subsequent developer(s) ofthe Property.
3.3 OWNERS: means and refers to Meridian Medical Plaza, LLC,
whose address is 13901 W. Wainright, Suite B, Boise, Idaho 83713,
the parties that own said Property and shall include any subsequent
owner( s) ofthe Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re-zoned C-G (General
Commercial District) attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian City
Code Section 11 which are herein specified as follows:
11 Commercial lots on 22.3 acres in the proposed C-G zone and the
pertinent provisions oj the City oj Meridian Comprehensive Plan
applicable to this AZ 05-065 application.
DEVELOPMENT AGREEMENT (AZ 06-065 GARDNER/AHLQUIST)
PAGE 3 OF 12
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. Developer and/or Owner shall develop the Property in accordance with the
following special conditions:
5.1.1 All future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors.
5.1.2 All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
5.1.3 The applicant shall be responsible for all costs associated with sewer and
water service installation.
5.1.4 The following shall be the allowed uses on this property: Permitted and
accessory uses within the C-G zone. All conditionally permitted uses in said
zone shall be subject to CUP approval.
5.1.5 The applicant shall be responsible to obtain a Certificate of Zoning
Compliance (CZC) permit and administrative design review approval from
the Planning Department for all new construction on the subject property.
5.1.6 The site shall develop generally consistent with the submitted concept plan
and shall include between 200,000-300,000 square feet of office space,
30,000-50,000 square feet of retail space and a 20,000-40,000 square foot
hotel. A minimum of 11 buildings shall be required on this site. No single
building shall exceed 125,000 square feet.
5.1.7 All buildings on the site shall be generally consistent with the conceptual
office and retail elevations submitted with this application. All buildings
shall also be subject to the city's Administrative Design Review. The
applicant shall be allowed to construct up to 100- foot tall buildings without
alternative compliance or conditional use permit approval.
5.1.8 Pedestrian crossing shall be provided in the locations shown on the concept
plan and shall be differentiated form other driving surfaces by the use of
brick, colored/scored concretes, or pavers or by other means approved by the
transportation authority.
5.1.9 The applicant shall construct a round-about at the intersection of Louise
DEVELOPMENT AGREEMENT (AZ 06-065 GARDNER/AHLQUIST)
PAGE 4 OF 12
Drive and Montvue Park Drive to alleviate potential cut through traffic OR
provide a city-approved alternative design for the internal streets.
5.1.10 The buildings shown on the concept plan directly adjacent to Eagle Road
and Franklin Road shall have architectural elements and enhancements
consistent with the submitted elevations on all facades that face Eagle Road
and Franklin Road.
5.1.11 Locate a minimum of two buildings abutting the landscape buffer along
both Eagle and Franklin Roads as shown on the concept plan.
5.1.12 Construct a maximum of one right-inlright-out access point to Eagle Road;
coordinate the design and construction of the access point with ACHD and
lTD.
5.1.13 The applicant shall construct a maximum of one right-inIright-outlleft-in
access point to Franklin Road. The applicant shall be responsible for the
formal layout, design and construction of the raised island(s)/devices
necessary to control traffic movements for the Franklin RoadlMontvue Drive
access, as required by ACHD.
5.1.14 The applicant shall either vacate and/or exchange all right of way for Eagle
Road that is not necessary for the road, as defmed by the transportation
authority, OR enter into a license agreement with the transportation authority
to landscape the surplus right-of-way.
5.1.15 A continuous 35-foot wide landscape buffer shall be constructed adjacent to
Eagle Road and Franklin Road.
5.1.16 The applicant shall be responsible for the construction of a lO-foot wide
multi-use pathway (with a public use easement) and the installation of street
lights and landscaping along Eagle Road (SH 55) that this consistent with
the Eagle Road Corridor Study.
5.1.17 Prior to the issuance of a building pennit, the subject property shall be
subdivided, as proposed.
5.1.18 The applicant shall complete all required improvements prior to obtaining a
Certificate of Occupancy for the proposed development.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Developer and/or Owners or Developers and/or Owners 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.
7.
CONSENT TO DE-ANNEXATION AND REVERSAL OF
DEVELOPMENT AGREEMENT (AZ 06-065 GARDNER/AHLQUIST)
PAl1F" OF 17
ZONING DESIGNATION:
Developer and/or Owners consent upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Developer and/or Owners and if the Developer and/or
Owners fails to cure such failure within six (6) months of such notice.
8. INSPECTION: Developer and/or Owners 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 Developer and/or Owners, or Developer's and/or
Owners' 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 Developer and/or Owners of any
one 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
Developer's and/or Owners' cost, and submit proof of such recording to Developer and/or
Owners, prior to the third reading of the Meridian Zoning Ordinance in connection with the
re-zoning of the Property by the City CounciL H for any reason after such recordation, the
City Council fails to adopt the ordinance in connection with the annexation and zoning of the
DEVELOPMENT AGREEMENT (AZ 06-065 GARDNER/AHLQUIST)
P A(~F f.. OF 1?_
Property contemplated hereby, the City shall execute and record an appropriate instrument of
release of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by the City or Developer and/or Owners, 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 Developer and/or Owners 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 Developer and/or Owners 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
Developer and/or Owners agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Developer and/or Owners agree
that no Certificates of Occupancy will be issued until all improvements are completed, unless
the City and Developer and/or Owners have entered into an addendum agreement stating
DEVELOPMENT AGREEMENT (AZ 06-065 GARDNER/AHLQUIST)
PA(;F 7 OF 17
when the improvements will be completed in a phased developed; and in any event, no
Certificates of Occupancy shall be issued in any phase in which the improvements have not
been installed, completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Developer and/or Owners
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 :
DEVELOPER:
clo City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Gardner Ahlquist Development, LLC
13901 W. Wainright, Suite B
Boise, ill 83713
OWNERS:
Meridian Medical Plaza, LLC
13901 W . Wainright, Suite B
Boise, ill 83713
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 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.
DEVELOPMENT AGREEMENT (AZ 06-065 GARDNER/AHLQUIST)
PAnE R OF 1 ,.
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. lIDs provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: lIDs 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. lIDs
Agreement shall be binding on the Developer and/or Owners 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 Developer and/or Owners, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable
discretion, had determined that Developer and/or Owners have fully performed its
obligations under this Agreement.
20. INVALID PROVISION: H 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: lIDs Agreement sets forth all promises,
inducements, agreements, condition and understandings between Developer and/or Owners
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 Developer
and/or Owners and City, other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
DEVELOPMENT AGREEMENT (AZ 06-065 GARDNER/AHLQUIST)
PMiEQ OP 1'.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing( s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF. the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER:
G~EVELOPMENT'LLC
By:
~
OWNERS:
MERIDIAN MEDICAL PLAZA, LLC
By:
-'.
CITY OF MERIDIAN
Attest:
YdeWEERD
A~ ~a2 7//c7-o7
SEAL
CITY CLERK -~. ~ r ~1:. ,#. .D g2
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DEVELOPMENT AGREEMENT (~6~J:i~~QUIST)
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PAnE 10 OF 11
STATE OF IDAHO, )
: ss
County of Ada, )
On this ..2'I2A day of 7// r7I'.- , 2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared <..7 7hPMar .4MCfI//$1 ,
known or identified to me to be the L/Wn o..r of Gardner AWquist
Development, LLC, acknowledged to me that they executed the same on behalf of said
corporation.
(SEAL)
C7(/4 ~+<-};-J.-YL~
Notary Public for Idaho
Residing at: ,LJA't:.Z- UtYPZ-~
My Commission Expires: I; /0 20/0
STATE OF IDAHO, )
: ss
County of Ada, )
On this M... day of ~ VY7 e... , 2007, before me, the undersi~ed, a Notary
Public in and for said State, personally appeared O. 7h orrz <<:.s /I Ii {lq v / sf ,
known or identified to me to be the OWr1 er of Meridian Medical
Plaza, LLC acknowledged to me that they executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the lMV'~~ :Year in this certificate first above written.
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DEVELOPMENT AGREEMENT (AZ 06..065 GARDNER/AHLQUIST)H
PAnE 11 OF 17
STATEOFIDAHO )
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County of Ada )
On this lOth day of L ~, " l , 2007, before me, a Notary
Public, personally appeared Tammy de W~erg, Jr., know or identified
to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed
the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate fITst above written.
(SEAL)
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Commission expires: '0-1 I-II
DEVELOPMENT AGREEMENT (AZ 06-065 GARDNER/AHLQUIST)
PAGE 17. OF 17.
A. Legal Description
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CIVIL AND STRUCTURAL ENGINEERING
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EXHIBIT A
Annexation Description Rev. C
For Ahlquist Development
Job No. 06320 February 6, 2007
A portion of the NW1/4 of Section 16, T3N, R1E, B.M., Ada County, Idaho, as follows:
BEGINNING at found Brass Cap monument marking the Northwest Corner of said Section 16,
as shown on Corner Perpetuation Record, Insl. No. 99007475, Ada County Records;
thence along the North Line of said Section 16, South 69020'11" East, 1015.45 feet, to a point on
the East Line of Montvue Park Subdivision, extended north to said Section Line, as per the plat
thereof, in Book 17, at Page 1107.1106, Ada County Plat Records also being a point on the
West Line ofTouchmark Living Center Subdivision No.1, in Book 89, at Page 10313-10316.
Ada County Plat Records, also extended north to said Section Line;
thence along the boundaries common to both said subdivisions, South 00011'43" East, 1111.19
feet, to the southeast corner of Lot 1, Block 5, of said Montvue Park Subdivision;
thence along the South Line of said Lot 1, Block 5 and beyond, North 89014'00" West, 207.40
feet, to a point on the Centerline of E. Montvue Drive, as shown on said plat of Montvue Park
Subdivision;
thence along said Centerline, North 00012'19" West, 119.58 feet;
thence North 89030'09" West, 199.73 feet, to a point on the Line common to Lots 1 and 2, block
4 of said plat of Montvue Park Subdivision;
thence along said common Line, North 00012'19" West, 16.12 feet;
thence North 89030'09" West, 200.23 feet, to a point on the Centerline of W. Montvue Drive, as
shown on said plat of Montvue Park Subdivision;
thence along said Centerline, North 00012'19" West, 122.02 feet, to a point on the Line common
to Lots 9 and 10, in Block 5 of said Montvue Park Subdivision, extended east to said Centerline;
thence along said extended Line, North 89030'24" West, 179.37 feet, to a found 1/2 inch rebar
marking the corner common to Lots 6, 7, 9 and 10 of Block 5 in said Montvue Park Subdivision;
thence along the Line common to said Lots 6 and 7, Block 5, and extending westerly, North
89030'07" West, 226.03 feet, to a point on the West Line of said Section 16, being coincident
with the Centerline of S. Eagle Road;
thence along said West Line, North 00022'14" West, 655.49 feet, to the POINT OF BEGINNING.
Containing 971,520 square feet, or 22.30 acres, more or less, and subject to any easements or
rights of way of record or otherwise existing.
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P;\AHLQUIST DEVSLOP\A.hlquist Devolopmont MoridianlDrawingslSurvoylDesei,ptions\06320 ANNEX rove Dose,doc
Treasure Valley Engineers, Inc.
1204 6TH. Street North
Nal1lpa. Idaho 83687
Otllce: (208) 463-0305
Fax: (208) 463.4391
www.TreasllreValleyEngineers_col1l
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
olforldi~ '\
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In the Matter of Annexation and Zoning of 22.30 acres from R-l (Ada County) to C-G
(General Retall and Service Commercial) AND Preliminary Plat Approval for 11
commercial lots on 19.3 acres in the proposed C-G zone, for Gardner-Ahlquist Subdivision,
by Ahlquist Development, LLC
Case No(s). AZ-06-065, PP-07-007
For the City Council Hearing Date of: April 24, 2007 (Findings approved on May 8, 2007)
A. Findings ofFaet
1. Hearing Facts (see attached Staff Report for the hearing date of Apri124, 2007
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 24, 2007
incorporated by reference)
3. Application and Property Faets (see attached Staff Report for the hearing date of April
24, 2007 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 24, 2007 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.e. ~67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6,2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-065 and PP-07-007- PAGE 1 of 4 .
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of April 24,
2007 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
Submitted and prepared by Treasure Valley Engineers on January 31, 2007 is hereby
conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April 24, 2007 incorporated by reference; and,
3. The following modifications to site specific conditions and development agreement
provisions were made at the City Council hearing:
i. Approved one right-in/right-out access to Eagle Road (see V AR-07-007);
11. Approved one right-in/right-out/left in access to Franklin Road and required
the applicant to design and construct the traffic control devices (medians, pork
chops, etc.) at the Franklin/Montvue Park intersection to direct traffic
movements;
lll. Allowed buildings to be a maximum of IOO-feet tall without any subsequent
approval;
iv. Required the applicant to landscape the area outside of the ultimate right-of-
way for Eagle Road by either vacating the excess right-of-way, or entering
into a license agreement with the transportation authority;
v. Required the applicant to construct a lO-foot wide multi-use pathway, lighting
and landscaping along Eagle Road that is consistent with the Eagle Road
Corridor Study.
VI. Required a round-about at the intersection of Louise Drive and Montvue Park
Drive to alleviate potential cut through traffic;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-065 andPP-07--OO7- PAGE 2 of4
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
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 of the preliminary plat or one (1) year of the
combined preliminary 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 conforms 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 tennination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined 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
1. 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 approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of April 24, 2007
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-065 and PP-07-OO7- PAGE 3 of4
By action of the City Council at its regular meeting held on the
/nA.'j- , 2007.
8/b..
day of
COUNCIL MEMBER DAVID ZAREMBA
VOTED~
VOTED ~
VOTED~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
~
I SEAL_
ty erk % .,.~. ...~ D j
% "'a '~r ,$"'( . ~!
~"'''' ~ en, 1&.., '{)'t' ,,~
Copy served upon Applicant, The PI~~~~fPublic Works Department and City
1/II/ltlll11
Attest:
Attorney.
BK~~~
City Clerk
Dated:
5..10"01
CITY OF MERIDIAN FINDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-065 and PP-07-007- PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007
SUBJECT:
Hearing Date: 4/24/2007
Mayor and City Council
Justin Lucas, Associate City Planner
884-5533
Ahlquist Annexation/Gardner-Ahlquist Preliminary Plat
AZ-06-065
~~ /'<...."' .fi.IJ"
1JVL8rid1:;:'l ,
IDAHO
STAFF REPORT
TO:
FROM:
Annexation and Zoning of 22.30 acres from R-I (Ada County) to C-G
(General Retail and Service Commercial)
PP-07-007
Preliminary plat approval of 11 commercial lots on 19.3 acres in the proposed
C-G zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Ahlquist Development, LLC, has applied for Annexation and Zoning of 22.30 acres from
R-1 (Ada County) to C-G (General Retail and Service Conunercial) and Preliminary Plat approval of 11
commercial lots in the proposed C-G zone. The applicant intends to develop a large office and retail
center on this site that would include several office buildings and some smaller commercial structures.
The subject property is located on the southeast comer of Franklin Road and Eagle Road (SH 55) in
Section 16, Township 3 North, Range 1 East. This site is composed of multiple lots within the existing
Montvue Park Subdivision (Ada County). The site contains various existing homes and associated
outbuildings that will be removed/relocated at the time of development. This property is within the City
of Meridian's Area of Impact and Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
Staff recommends approval of AZ-06-06S and PP-07-007, as presented in the staff report for the
hearing date of March IS, 2007, based OD the Findings of Fact as listed in Exhibit D and subject to
the Development Agreement aDd preliminary plat provisiODs proposed in Section 10. The Meridian
PlaODin!! and Zonin!! Commission heard these items on March IS. 2007. At the March 15. 2007
public helriD!! the Commission voted to recommend approval.
a. Summary of CommissioD Public Bearine::
I. ID favor: PeDelope Rilev. Ron Mortimer. Tom Ahlquist. Matt Bell
ii. In oppositioD: NODe
iiI. CommeDdDIl: NODe
iv. Written testimoDv: Matt BelL St. Luke's RMC
v. StaffpreseDtlne applicatioD: Justin Lucas
vi. Other staff commentinll on application: None
b. Kev Issues of Discussion bv Commission:
i. - Access to Ealde Road
ii. -Traffic concerns
c. Kev Commission Chan!!e8 to Staff RecommendatioD:
i. - Modified cODditioD 1.2.4 re!!ardine: the access to Ea2le Road to iDclude the
statement "Unless approved thrOUl!h a variaDce bv the Catv Council"
ii. -Stronelv sUPPorted the proposed access POint to Ea2le Road with the
foUowmelaD2U82e which was included iD the motioD "Commission hiehlv
recommeDds a rie:ht-in. ri2ht-out access on Eaele Road. We feel it's
necessarv for traffic flow aDd safetv and viability of the proiect.
Gardner/Ahlquist - AZ.06-065, PP-07-o07
PAGEl
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR TIlE HEARING DATE OF APRIL 24, 2007
d. OutstandiDll Issue(s) for Citv Council:
i. -A variance aoplication has been submitted for City Council review
re2ardine: the access ooint to Eaide Road (see V AR-07-006l.
ii. -A vacation auulication been submitted for City Councll review rellardinl!
the rieht-of-way vatation required bv ACBD with this uroiett (see V AC-07-
007).
iii. Staff has concerns about the excess rillht of wa\' adiacent to Ea2le Road.
This area could end uo as a "no mans land".
The Meridian Citv COUDC!iI heard thetle Items on Anril24. 2007. At the DubUc he.rim' thev
IlDDrOved the lubied A7.. and PP reouests.
a. SummarY of City Council PI.bllc ReariDI!:
i; In favor: Penelone Rilev. Tom Ahlauist. Ron Mortimer. Bob Floto
ii. In ODDosition: None
iii. Commentinll: Christy Richardson (ACHD)
iv. Written testimony: Matt Bell (St. Luke's). ACfID. ITD
v. Staff Dresentina aDolication: Caleb Hood
vi. Other staff commentina on I:\nnlication: None
lit Kev Tlsnes of Dillicullion bv Council:
i. Access to the site:
ii. Landscaniml and lillhtina alona Eaale Road:
iii. Heillht ofbuildinas:
iv. Traffic.
.c. Council Action:
i. Annroved one rillht-in/rillht-out access to Eaide Road (see V AR-07-007):
ii. Annfoved one rillht-inlrillht-out/left in aC!:eSS to Franklin Road and reauired the
aDDlicant to desim and construct the traffic control devices (medians. nark chons.
~c.) at the Franklin/Montvue Park intersection to direct traffic movements:
111. Allowed buildin2s to be a maximum of 100-feet tall without any subseauent
annroval:
IV. Reauired the annlicant to landscane the area outside of the ultin:lakri2ht-of~wav for
Eallle Road bv either vacatinll the excess rie:ht-of~wav. or enterina into a license
aQ1"eement with the transnortation authority:
v. Reouired the annlicant to construct a 1 O-foot wide multi-use nathwav. lillhtina and
landscanina alona Ea21e Road that is consistent with the Eallle Road Corridor Study.
VI. Required a round-about at the intersection of Louise DriV-".lID..QMQntvue Park Drive
to alleviate notential cut throullh tram.!;.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
06-065 and PP-07 -007 as presented in the staff report for the hearing date of April 24, 2007, with
the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06-
065 and PP-07-007 as presented during the hearing on April 24, 2007, for the following reasons:
(State specific reasons for denial of the annexation and/or preliminary plat request.)
Gardner/Ahlquist - AZ-06-065, PP-07-o07
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAlE OF APRIL 24, 2007
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number AZ-
06-065 and PP-07-007 to the hearing date of (insert continued hearing date here) for the
following reason(s): (State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site AddresslLocation:
Southeast comer of the intersection of Franklin Road and Eagle Road
Section 16,T3N,R1E
b. Owner:
Artiach Properties, LP
2770 E Franklin Road
Meridian, ill 83642
Touchmark of the Treasure Valley, LLC
PO Box 1355
Meridian, ill 83680
Note: For a complete tist of property owners please see the project file
c. Applicant:
Ahlqusit Development, LLC
1263 West Wickshire Court
Eagle, ill 83616
c. Representative: Penelope Riley, Treasure Valley Engineers
d. Present Zoning: R1 (Ada County)
e. Present Comprehensive Plan Designation: Commercial
f. Applicant's Statement/Justification:
"The applicant is proposing a mixed use development targeted towards high end users. The
proposed uses include shopping, restaurant services, general office, and medical office."
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.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions ofUDC 11-5, a public hearing is required before the
City Council on this matter.
c. Newspaper notifications published on: February 26th, and March 12th, 2007 (planning
Commission), March 26th. and April9tb. 2007 lCity Council)
d. Radius notices mailed to properties within 300 feet on: February 16th, 2007 (Planning
Commission), March 23M. 2007 lCity Council)
e. Applicant posted notice on site by: March 5th, 2007 (planning Commission), Aoril 7th. 2007
lCity Council)
Gardner/Ahlquist - AZ-06-065, PP-07-007
PAGE 3
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007
6. LAND USE
a. Existing Land Use(s): Single family 1111'al residential
b. Description of Character of Surrounding Area: lIDs site is surrounded by various uses and
zoning designations. Of note, are the 81. Luke's Regional Medical Center to the south, and the
RC Willey complex to the north. This area is rapidly transitioning into one of the city's largest
and most visible business and retail areas.
c. Adjacent Land Use and Zoning
1. North: Franklin Road and RC Willey Building, zoned C-G
2. East: Touchmark Living Center, zoned L-O
3. South: St. Luke's Regional Medical Center. Zoned L-O
4. West: Eagle Road, Offices, and homes, zoned L-O and R-2 (Ada County)
d. History of Previous Actions: The subject annexation application originally included a larger
area than currently proposed. For various reasons the applicant chose to shrink the annexation
area to what is currently proposed. While revising the annexation area the applicant also
included the proposed preliminary plat application for the property.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: This property is proposing sewer from mains in Franklin Road.
Location of water: There are currently water mains in Franklin and E. Louise Drive.
Issues or concerns: None.
2. Vegetation: There are some existing trees on the site that may need to be protected or
mitigated for.
3. Floodplain: N/ A
4. Canals/Ditches Irrigation: The Snyder Lateral courses through the subject site in an
east/west direction.
S. Hazards: N/A
6. Proposed Zoning: C-G
7. Size of Property: 22.30 acres
f. Landscaping:
1. Width of street buffer(s): Per the Future Land Use Map, both Franklin Road and
Eagle Road are designated as "Entryway Corridors" adjacent to this site. As such, the
UDC (Table 11-2B-3) requires a 3S-foot wide street buffer adjacent to both roadways.
The landscape plan (Sheet Ll) proposes a 3S-foot wide buffer along both Franklin and
Eagle Roads, except along Eagle Road where the right of way dips significantly into
the site. Landscape buffers along streets should be either placed in a separate common
lot or a landscape easement outside of the ultimate right of way line.
2. Percentage of site as open space: The UDC does not require open space or site
amenities for commercial developments.
3. Other landscaping standards: Landscaping within the proposed parking lot areas
should be constructed in compliance with UDC 11-3B-8.
Gardner/Ahlquist- AZ--06-06S. PP-Q7-Q07
PAGE 4
CITY OF MERIDIAN PLANNING DEP ARlMENT 5T AFF REPORT FOR THE HEARING DATE OF APRlL 24, 2007
g. Proposed and Required Non-Residential Parking: One off-street parking space is required for
every 500 square feet of gross floor area. Also, one Type A and one Type B parking space
required for the loading areas (per UDC 11-3C-8). No buildings are proposed with the subject
application. Staff will monitor the square footage of each building as it is submitted for CZC
approval to ensure that adequate parking is provided.
h. Swmnary of Proposed Streets and/or Access: The concept plan submitted by the applicant
shows three points of public street access into this development. The fIrst public street access
is proposed directly from Eagle Road (SH 55). This access to Eagle Road currently exists as
Montvue Drive, which acts as the primary entrance in to the Montvue Park Subdivision. The
second proposed public street into the site is proposed from Franklin Road which borders the
subject property to the north. The third public street access is the extension of East Louise
Drive which currently stubs to the subject property from the east. These access points and
other access issues are discussed at length in section 10 of this report. Although City Staff has
been in contact with ACHD on this project, as of the print deadline for this report AClID has
not submitted official comments back regarding this application.
7. COMMENTS MEETING
On January 12, and February 23, 2007 Planning Staff held an agency comments meeting. The agencies
and departments present include: Meridian Fire Department, Meridian Police Department, Meridian
Public Works Department, and the Sanitmy Services Company. Staff has included all comments and
recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no
conditions of approval.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated on the Comprehensive Plan Future Land Use Map as "Conunercial"
The Comprehensive Plan defmes the Conunercial district as: "This designation will provide a full range
of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service
and office uses, multi-family residential, as well as appropriate public uses such as government offices.
Within this land use category, specifIc zones may be created to focus commercial activities unique to their
locations. These zones may include neighborhood commercial uses focusing on specialized service for
residential areas adjacent to that zone." The applicant is requesting to rezone this property to C-G, which
is consistent with the comprehensive plan designation for this area.
Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis below policy in italics):
· Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal ill, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
· The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
Department. Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
· The lands currently....The lands will be serviced by the Meridian Police
Department (MPD).
. The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD) and the Idaho Department of
Transportation (ITD). This se",ice will not change.
Gardner/Ahlquist - AZ-06-065, PP-07-OO7
PAGE 5
CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007
. 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.
. Plan for a variety of commercial and retail opportunities within the hnpact Area. (Chapter
vn, Goal I, Objective B)
Staff finds that the site is designated Commercial on the Comprehensive Plan Future Land
Use Map. Staff believes that over time, a variety of office and commercial opportunities will
be provided on this site.
. Encourage appropriate land uses along transportation corridors. (Chapter VII, Goal I,
Objective D)
Staff believes that the proposed development is appropriate along the adjoining
transportation corridor (SH 55). This development project will be highly visible and help to
define the entrance to the city. Access the SH 55 is discussed in greater detail below.
. Ensure the ease of mobility of people and goods by implementing access control measures on
major transportation corridors. (Chapter VII, Goal ill, Objective A, Action 1)
As currently proposed the existing access point to SH 55 remains as part afthis development.
Staffis concerned that this access point does not conform to the UDe and may cause
increase traffic issues in this area. Staff support of this project is based on the removal of this
access point to the SH 55.
. Chapter vn, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers
along transportation corridor (setback, vegetation, low walls, berms, etc.).
The applicant is proposing to construct 35-foot wide street buffers along the adjacent arterial
streets (Franklin Road and Eagle Road). By Ordinance, a minimum 35-foot wide landscape
buffer along entryway corridors is required.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the pennitted, accessory, and
conditional uses in the C-G zoning district. Retail stores, offices uses, and service-based industries
are either principally or conditionally permitted uses within the C-G zone.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Plan. Four
Districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. AZ Application: Please see Exhibit C for detailed analysis of the required facts and findings.
The annexation legal description submitted with the application (prepared on January 12, 2007,
by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of
the City of Meridian.
Gardner/Ahlquist - AZ-06-065. PP-07 -007
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007
Concept Plan: The applicant submitted a conceptual site plan that has various elements. To
begin, the concept plan proposes approximately 212,000 square feet of office space, which is
distributed among four large office buildings. The largest office building is proposed at five
stories and 100,000 square feet. The concept plan also shows approximately 18,000 square feet
of retail space spilt between three separate buildings. Along with this retail space the applicant
anticipates to locate a 30,000 square foot hotel on this site. Staff is very supportive of the focus
on office space over retail at this location. The proximity to St. Luke's Regional Medical
Center makes this an ideal area for medical office buildings and other professional users. Staff
is also supportive of the retail element of the proposal which will help to support the high
daytime population that will be present with the amount of office space proposed.
Also included in the concept plan is a redesigned street network in on the subject property. This
proposed street network eliminates much of the existing loop road, Montvue Drive, and creates
a more direct east-west and north-south circulation pattern through the site. This new
circulation pattern and intensification of use in this area raises some important access issues.
These access issues are of such importance that staff does not fully support the conceptual
street system as shown on the concept plan. Further discussion of these access issues is found in
the preliminary plat analysis below.
Design: This site is located in a very visible section of the city and has the potential to become
one of the city's most recognizable features. The importance of this location makes quality
design essential. The applicant has submitted conceptual elevations for both the office and retail
portions of this development. Staff has reviewed these conceptual elevations and believes they
are high quality buildings. To ensure a minimum design standard, and as required for
development along entry way corridors, all buildings in the development should be subject to
administrative design review as defmed in UDC 11-3A-19. Staff also believes a minimum of
11 buildings should be required on this site to ensure that a variety office and retail space is
provided.
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance
(Czq permit is to ensure that all construction, alterations and/or the establislunent of a new use
complies with all of the provisions of the UDC before any work on the structure is started
and/or the use is established (UDC II-5B-IA). To ensure that all of the provisions in the
development agreement (see below) are complied with, Staff will require the applicant to obtain
CZC approval from the Planning Department prior to site development, where all site and
landscaping improvements must be installed prior to occupancy.
Development Agreement: UDC lI-5B-3D2 provides the Commission and City Conncil the
authority to require a property owner to enter into a Development Agreement with the City of
Meridian that may require some written commitment for all future uses. Due to the proposed
uses and the visibility of this site, staff believes that a Development Agreement is
necessary to ensure that this property is developed in a fashion that is consistent with the
comprehensive plan and does not negatively impact nearby properties. IT the COnmllssion
or COWlCil feels additional development agreement requirements are necessary, staff
recommends a clear outline of the commitments of the developer being required.
A Development Agreement (DA) will be required as part of annexing this property. Prior to
annexation ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant
shall contact the City Attorney, Bill Nary, at 8884433 to initiate this process. The DA shall
include, at minimum, the following:
Gardner/Ahlquist - AZ-06-065, PP-Q7-Q07
PAGE 7
CITY OF MERlDIAN PLANNING DEPARlMENT STAFF REPORT fOR THE HEARING DATE OF APRIL 24, 2007
· 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.
· All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
· The applicant shall be responsible for all costs associated with sewer and water service
installation.
· The following shall be the allowed uses on this property: Pennitted and accessory uses
within the C-G zone. All conditionally pennitted uses in said zone shall be subj ect to
CUP approval.
· The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC)
pennit and administrative design review approval from the Planning Department for all
new construction on the subject property,
· The site, shall develop generally consistent with the submitted concept plan and shall
include between 200,000-300,000 square feet of office space, 30,000-50,000 square feet
of retail space and a 20,000-40,000 square foot hotel. A minimum of 11 buildings shall
be required on this site. No single building shall exceed 125,000 square feet.
· All buildings on the site shall be generally consistent with the conceptual office and retail
elevations submitted with this application. All buildings shall also be subject to the city's
Administrative Design Review. The annlicant shalt be allowed to construct un to 100-
foot tall buildinlls without alternative comnliance or conditional use nermit annroval
· Pedestrian crossing shall be provided in the locations shown on the concept plan and shall
be differentiated fonn other driving surfaces by the use of brick, colored/scored
concretes, or pavers or by other means approved by the transportation authority.
· Ihc aDDlicant shall construct 8 round-about at the intersection of Louise Drive and
Montvu~ p~rk Dri.~ .to alleviaJe _ _potential cut throulZh traffic OR QmYi4~ _ "ll'-o~ity.;
8.P1)mved alternative desilZn for the internal streets.
· The buildings shown on the concept plan directly adjacent to Eagle Road and Franklin
Road shall have architectural elements and enhancements consistent with the submitted
elevations on all facades that face Eagle Road and Franklin Road.
· Locate a minimum of two buildings abutting the landscape buffer along both Eagle and
Franklin Roads as shown on the concept plan.
· All &Geiss peiBts to :Eagle R.ead (SII 55) Sl.All he ahandeBe6. }ole aseess shall Be take
fFem Eagle Read (8M ,S,s). Construct a maximum of one rillht-in/rhrht-out access Doi"t to
Ea21e Road: coordinate the desim and construction of the access ooint with ACHD and
IID.
· The aoolicant shall construct a maximum of one rillht-in/rillht-out/left-in access Doint to
Franklin Road. The aDnlicant shall be resnonsible for the formal lavout. desim and
construction of the raised island{slldevices necessarv to control traffic movements for the
Franklin Road/Montvue Drive access. as reauired by ACHD.
· The applicant shall ~ vacate and/or exchange all right of way for Eagle Road that is
not necessary for the road, as defmed by the transportation authority. OR enter into a
license alll'eement with the transDortation authoritv to landscane the sumlus rillht..of-wav.
· A continuous 35-foot wide landscape buffer shall be constructed adjacent to Eagle Road
and Franklin Road.
. The anolicant shall be resoonsible for the construction of a lO-foot wide multi-use
oathwav (with a nublic use easement) and the installation of street li!!hts and landsc8ninQ:
along: Eag:le Road (SH 55) that this consistent with the Eag:le Road Conidor Study.
. Prior to the issuance of a building permit, the subject property shall be subdivided, as
proposed.
Gardner/Ahlquist - AZ-0~065, PP-07..o07
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007
· The applicant shall complete all required improvements prior to obtaining a Certificate of
Occupancy for the proposed development.
2. PreUmiDary Plat Application: After compliance with the conditions listed in Exhibit "B",
Staff believes that the proposed preliminary plat will substantially comply with the Unified
Development Code.
Special Considerations:
Access: Access to this property and connectivity in this area of the city is an issue of extreme
importance for this project, especially when the size and visibility of this proposal is
considered. There are only two points of public access that exist into this site. The first is
Montvue Drive, which is a public street connecting to North Eagle Road (SH 55) that serves the
existing residential subdivision. The second is an existing stub street, East Louise Drive, that is
extended to the property from the Touch Mark Living Center to the east. As part of this project
the applicant is proposing a third point of public access be added from Franklin Road. The
applicant also proposes to tie into the existing access point to St. Luke's Drive in southeast
comer of the property. St. Luke's Drive is a private street owned and maintained by the
Hospital, as such St. Luke's controls access to this street. After reviewing the proposed
circulation system for this project staff has identified two main issues that are described in
detail below.
· Atcess to Eagle Road (SB 55): Although there is an C!xisting access point to SH 55
(Montvue Drive) that serves this property, UDC 11-3H-4 clearly states that ''Use of
existing approaches shall be allowed to continue provided that all of the following
conditions are met:
a. The existing use is lawful and properly pennitted effective September 15,2005.
b. The nature of the use does not change (for example a residential use to a commercial
use).
c. The intensity of the use does not increase (for example an increase in the number of
residential dwelling units or an increase in the square footage of commercial space).
Staff believes that both the nature and intensity of the use on this site (residential use to a
commercial use) are changing significantly. Furthermore the proposed access point to SH
55 is not located on or near the section line road or the half mile point. Due to the access
control measures for state highways defined in the UDC staff does not support the
applicant's proposal to preserve the existing access point to SH 55 that serves this
property. All access to SH 55 should be abandoned with this application. (Note: Staffhas
discussed this issue at length with the applicant and anticipates that the applicant will
submit a variance application to be considered by the City Council to request that the
access to SH 55 be allowed.)
. Franklin Road Access: Due to the proximity of this site to the FranklinlEagle
intersection both the Police and Fire Departments have expressed safety concerns over
allowing a full access point in to this property from Franklin Road. The police and Fire
Departments are requiring that the proposed Franklin Road access be limited to right in,
right out only to mitigate any safety issues in this area.
Public Street RealignmentJV acation: As part of this development the applicant is proposing
to realign a large portion of the existing Montvue Park Drive public street and create the street
system that is proposed on the preliminary plat. In addition to the access issues described
above that need to be resolved, the applicant should also be required to vacate any portion of
the public right of way that will not be used for the new street system.
Gardner/Ahlquist - AZ-06-06S, PP-07-007
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1HE HEARING DATE OF APRIL 24, 2007
It is stair s understanding that the applicant intends to perform a right of way swap with the
necessary transportation authorities to facilitate the realignment of the Montvue Park Drive
street system. Staff is generally supportive of this swap, but is specifically concerned with
what properties are being exchanged/vacated and the western bOundary of Lots 3 and 4, Block
1 that currently abuts public right of way and that is used for the existing access point and
frontage road that serves the homes with in the Montvue Park Subdivision. Due to the design
of the existing frontage road, this right of way extends approximately 170 feet from the
centerline of Eagle Road (SH 55) which is not consistent with the 70 feet from centerline that
is established along the rest of this portion of Eagle Road (there is approximately 100 feet of
surplus right of way). According to the submitted preliminary plat it appears that the applicant
plans to vacate approximately 60 feet of this right of way, leaving approximately 110 feet of
right of way from the centerline of Eagle Road. This remainder right of way is 40 feet greater
than the 70 feet from centerline that is necessary for Eagle Road. Staff is concerned that this
extra 40 feet of right of way will function as a "no mans land" that will remain with out
landscaping and uncared for. To avoid this unwanted situation, staff believes that the applicant
should vacate all portions of the public right of way along the western boundary of this
subdivision that are beyond the required/ultimate right of way, as defmed by the transportation
authority.
NOTE: City Staff has contacted ACHD and ITD staff several times regarding the street system
for this project. ITD has provided comments, but ACHD has not provided a final staff report
regarding this project. Once the comments from ACHD are received, they will be added to the
staff report conditions in Exhibit B. The applicant should comply with all ACHD and lID
conditions or requirements.
Landscaping: Staff is generally supportive of the proposed landscape plan prepared by
Edwards Landscape Architecture, labeled Sheet L1, dated 1/15/06, with the following
revisions:
. UDC 11-2B requires a 35-foot wide street buffer along entryway corridors. Both
Franklin and Eagle Roads are entry way corridors abutting this site. On the submitted
landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along
both Eagle and Franklin Roads except adjacent to Lots 3 and 4, Block 1 which border the
unique right of way area described in the section above. Staff believes that the applicant
should be required to provide the required street buffer along the entire western boundary
including adjacent to Lots 3 and 4, Block I to ensure that a consistent street landscape
buffer is provided in this area. The applicant should be required to depict the required
street buffers on the face of the final plat in an easement or place the required buffers in
common lots (UDC 11-3B). All required landscape buffers shall be exclusive of the
ultimate public right..of-way and conform to the design and. construction requirements of
UDC 11-3B-7.
. Chapter 2 of the UDC requires a 10-foot wide landscape buffer along both sides of the
proposed East Louise Drive and North Montvue Park Drive, which are local commercial
streets. The applicant should be required to depict the required local street buffers on the
face of the final plat in an easement or place the required buffers in common lots (UDC
11-3B). All required landscape buffers shall be exclusive of impervious surfaces and
conform to the requirements ofUDC 11-3B-7.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above,
with the final plat application(s).
Gardnerl Ahlquist - AZ-06-065, PP-07-OO7
PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1HE HEARING DATE OF APRIL 24, 2007
Landscape Buffer Between Uses: Usually a landscape buffer would be required between the
proposed commercial uses and the residential uses to the south. Staff does not believe this
buffer is necessary in this instance because the land to the south is designated commercial on
the Comprehensive Plan Future Land Use Map. It is also staffs understanding that the
applicant is in the process of taking ownership of the remaining residential areas to the south,
and plans to convert these properties to commercial development; similar to the whit is
currently proposed.
Ditches, Laterals, and Canals: The Snyder Lateral traverses through this property. Per UDC
11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water (UDC 11-3A-lS). The applicant should be required
to utilize any existing surface or well water for the primaIy 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 used, the developer will be responsible for the payment of
assessments for the common areas prior to signature on the [mal plat by the City Engineer. An
underground, pressurized irrigation system should be installed to all landscape areas per the
approved specifications and in accordance with City Code.
Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed
fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). If
pennanent fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building pennit. All fencing should be
installed in accordance with City Code. See Exhibit B below.
Refuse/Service Area Screen: The submitted, landscape plan and preliminary plat do not
depict where the refuse/service areas will be. UDC 11-3A-12 requires the visual and acoustic
impacts of these functions are fully contained and out of view from adjacent properties and
public streets. All future CZC applications should clearly demonstrate how this standard is
met.
Staff Recommendation: Based. on the above analysis, staff finds the Preliminary Plat
application generally conforms to the Comprehensive Plan policies and UDC standards. Staff
recommends approval of AZ-06-065 and PP-07-007 with the Conditions listed in Exhibit B
of the Staff Report for March 15, 2007 and subject to the development agreement
provisions listed in Section 10. The Meridian Planninsz and Zoninsz Commission heard these
items(s) on March 15. 2007. At the March 15. 2007 DubUc hearinsz the Commission voted to
recommend aDDroval. On Aoril 24. 2007. the Meridian Cltv Council voted to anorove the
subiect aoolications.
Gardner/Ahlquist ~ AZ-06-065, PP-D7-007
PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated January 31, 2007)
2. Landscape Plan (dated April S, 2006)
3. Conceptual Site Plan
4. Conceptual Office Elevation
5. Conceptual Retail Elevation
B. Agency Comments and Conditions
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Ada County Highway District (fertheomiBg)
7. Idaho Transportation Department
C. Legal Description
D. Required Findings from Unified Development Code
Gardner/Ahlquist - AZ-06-065. PP-07-OO7
PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24,2007
A. Drawings
1. Preliminary Plat (Dated 1-31-07)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24,2007
4. Conceptual Office Elevations
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CITY OF MERIDIAN PLANNING DEPARTMENT sr AFF REPORT FOR lHE HEARING DATE OF APRIL 24, 2007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007
B. Agency Conunents and Conditions
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMENTS
1.1.1 The annexation legal description submitted with the application (prepared on February 6, 2007,
by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of
the City of Meridian.
1.1.2 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement
with the City. See section 10 above for analysis and provisions that shall be included in the
Development Agreement for this site.
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-
065) and any future development agreement shall also be considered conditions of the
Preliminary Plat (pP-07-007).
1.2.2 The landscape plan prepared by Edwards Landscape Architecture, labeled Sheet Ll, dated
1/15/06, is approved with the following revisions:
. Construct a 35-foot wide street butTer along the entire frontage of Franklin and Eagle
Roads. All required landscape buffers shall be exclusive of the ultimate public right-
of-way and conform to the design and construction requirements of UDC 11-3B-7.
. Construct a 1O-foot wide landscape buffer along both sides of the proposed East
Louise Drive and North Montvue Park Drive. All required landscape buffers shall be
exclusive of impervious surfaces and conform to the design and construction
requirements ofUDC 11-3B-7.
· 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.
The landscape plan is not to be altered without approval of the Planning and Zoning Department.
No field changes to the landscape plan are pennitted. All standards of installation shall apply as
listed in UDC 11-3B-14. Submit a landscape plan. reflecting the changes/notes mentioned above,
with the final plat application(s).
1.2.3 Graphically depict on the face of the final plat a 35-foot wide landscape buffer along Franklin and
Eagle Roads. Graphically depict on the face of the plat a 10.foot wide landscape buffer along
both sides of the proposed East Louise Drive and North Montvue Park Drive. Said buffers shall
either be an easement or within separate common lots.
1.2.4 Unless aeere\'eEl tbr91i1lh a "'aAaftee 13v the City COI:1fleil. prier to the sigaatHre of the [mal plat, all
aeeess te Eagle Read (SR $3) shall 13e atlans8Hes. The access point to Eagle Road shall be
,_eved eEl replaeea wifB the reElweEllaseseape lNfIer restricted to ril!bt-in/ril!ht-out onlv.
Place a note on the face of the final nlat ~!tictinll access to Eae:le Road.
1.2.5 Construct a maximum of one access nomt to Franklin Road. Said access shall be restricted to
rillht-in/rillht-outlJeft-in onlv. Place a note on the face of the final nlaLr.e.s1rii:tine- access to
FrAnklin Road.
Exhibit B
1.2.6
1.2.7
1.2.8
1.2.9
1.2.10
1.2.11
1.2.9
1.3
1.3.1
1.3.2
1.3.3
1.3.4
1.3.5
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR lHE HEARING DATE OF APRIL 24, 2007
The aonlicant shall constroct a round-about at the intersection of Louise Drive and Montvue Park
Drive to alleviate notential cut throullh traffic OR nrovide a city-aooroved altema..tive desi2l1 for
the internal streets,
The aoolicant shall constroct a 10-foot wide multi-use oathwav (with a oublic....u.s.e easement) and
install street lights and landscaoing along Eallle Road (SH 55) that this consistent with the Eagle
Road Corridor Studv.
Prior to signature of the fInal plat by the city engineer the applicant shall vacate all portions of the
internal public streets and any public utility or drainage easements that do not coincide with the
proposed preliminary plat.
Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the
public right of way along the western boundary of this subdivision that are beyond the required
ultimate right of way necessary for Eagle Road, as defined by the transportation authority~
enter into a license asrreement with the transnortation authority to landscane the sUJ]Jlus ri2ht-of-
~.
All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code,
prior to signature oftbe final plat by the City Engineer.
Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and
waterways being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered. 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 construction plan approval. If lateral users association approval
can not be obtained, alternate plans will be reviewed and approved by the City Engineer.
Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to UDC 11-3A-17.
The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A~I1.
The City of Meridian requires that pressurized irrigation systems be supplied by a year~round
source of water. The applicant should be required to utilize 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 Engineer. An underground, pressurized irrigation system should be installed
to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and
MCC 9-1-28.
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. 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 applicant shall submit a fencing plan with the final plat application for the subdivision. If
permanent fencing is not provided, temporary construction fencing to contain debris must be
CITY OF MERIDIAN PLANNING DEPARTMBNT ST MF REPORT FOR THE HEARING DATE OF APRIL 24, 2007
installed around the perimeter prior to issuance of a building pennit. All fences shall taper down
to 3 feet maximum within 20 feet of all rightaOf-way. All fencing should be installed in
accordance with UDC 11-3A-7.
1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.3.8 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 in Franklin
Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard fOImS 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 Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in Franklin Road and E. Louise
Drive. The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
2.3 Due to the possible fire flow requirements, mains shall be upsized to a minimum of 10-inch from
the connection in Franklin to the cOlUlection in Louise Drive, with an upsized stub to one of the
stubs to the south that would eventually connect to the 12-inch main to the south of this
subdivision in S1. Luke's Street.
2.4 This property is on a pressure zone boundary, therefore a Pressure Reducing ValveIV ault shall be
installed at the applicants expense in a location to be coordinated with the Public Works
Department.
2.5 With the final plat submittal the construction plans shall show to every lot either a service
installed or main fronting it.
2.6 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 finalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.7 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.8 A pressurized irrigation system using existing surface water shall be required per City Code.
2.9 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained 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
"fmal 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 hrigation District then a letter of plan approval shall be
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF APRIL 24,2007
submitted prior to scheduling of a pre-construction meeting.
2.10 The City of Meridian requires that pressurized 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
water for the primary source. If a surface 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 common areas prior to signature on the
fInal plat by the City Engineer.
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 Engineer.
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 this separation
requirement and comply with all landscape requirements.
2.13 Any existing domestic wells and/or septic systems within this project shall be removed 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 Per UDC 11 ~3A-6 all irrigation 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 lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
required improvements prior to signature on the final plat. These include but are not limited to,
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water.
2.16 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive
fmal approval prior to occupancy. Other required development improvements, such as fencing,
micropaths. and landscaping may be bonded for prior to obtaining certificates of occupancy
2.17 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review.process, prior to signature on the fInal plat.
2.18 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.
2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Anny Cotps of Engineers.
2.21 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.
2.22 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.
2.23 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. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public
Exhibit B
CITY OF MERIDIAN PLANNING DEP AR1MENT STAFF REPORT FOR lHE HEARING DATE OF APRIL 24, 2007
residential streets. Two-hundred and fifty watt high pressure sodiwn 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 file with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typica110cations are at street intersections and/or fire hydrants, and no further than
400' distance in between locations. Final design locations and quantity are determined 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 fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Y2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the !Fe Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the proj ect.
3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.5 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.5 Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of
75,000Ibs. All roadways shall be marked in accordance with Appendix D Section DI03.6 Signs.
3.6 For all Fire Lanes provide signage ''No Parking Fire Lane".
3.7 Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.9 Commercial and office occupancies will require a tire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.10 The various office/commercial lots lot will have an unknown transient population and will have
an unknown impact on Meridian Fire Department call volwnes. The Meridian Fire Department
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAlE OF APRIL 24, 2007
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 The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s).
3.12 The Fire Dept. has concerns about the addressing of the existing house and the address being
visible from the street which the project is addressed off of. Please contact the Addressing
Specialist at 898~5500 to address this concero prior to the public hearing.
3.13 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.14 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fue apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
3.15 There shall be a flI'e hydrant within 100' of all fire department connections.
3.16 Buildings over 30' in height are required to have access roads in accordance with The International
Fire Code Appendix D Section D105.
3.17 Emergency response routes and fire lanes shall not be allowed to have speed bumps.
3.18 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three
means of fll'e apparatus access for each structure. Two of the access roads shall be placed a distance
apart equal to not less than one half of the length of the overall diagonal dimension of the property or
area to be served, measured in a straight line.
3.19 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall
be provided with two separate and approved fire apparatus access roads separated by one half of the
maximum overall diagonal dimension of the property or area to be served, measured in a straight line
between accesses. Exception: Projects having a gross building area of up to 124,000 square feet
(11520 m2) that have a single approved fire apparatus access road when all buildings are equipped
throughout with approved automatic sprinkler systems. (Remoteness Required)
3.20 Due to public safety concerns the Fire Department recmDmends a right in, right out only access to
Franklin Road.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24,2007
4. POLICE DEPARTMENT
4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed three feet in height.
4.2 Due to public safety concerns the Police Department reconunends a right in, right out only access to
Franklin Road.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11- 3B-l 0) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC ll-3B-1O) will be followed.
6. ADA COUNTY BIGHW AY DISTRICT
6.1 All of the identified roadway and transportation mitigation proposals in the submitted Traffic
Impact Study are either not in any public agency plans to construct (ACHD & ITD) or proposed
by the applicant to be constructed. Therefore, the impacts of this development cannot be
adequately mitigated and surrounding intersections will not operate at an acceptable level of
service.
6.2 Comply with requirements of I1D and City of Meridian for the Eagle Road frontage. Submit to
the District a letter from ITD regarding said requirements prior to District approval of the final
plat or issuance of a building permit (or other required pennits), whichever occurs first. Contact
the District ill Traffic Engineer at 334-8340.
6.3 Dedicate 60-feet of right-of-way from the centerline Franklin Road abutting the site.
6.4 Construct the internal streets as a 40-foot street section with two 20-foot travel lanes, vertical
curb, gutter, and S-foot concrete sidewalks within 54-feet of right-of-way, as proposed.
6.5 Construct one temporary turnaround on lot 2, as proposed.
6.6 Submit a vacation application for the existing right-of-way on N. Montvue Drive to be vacated or
exchanged. If the vacation/exchange is not approved by the District through the separate process,
the applicant will be required to improve the existing roadways to current public street standards.
6.7 Construct one roadway (E. Louise Drive) to intersect Eagle Road located approximately 200-feet
north of the south property line (measured property line to centerline).
6.8 Construct one roadway to intersect Franklin Road located approximately 360-feet west of the east
property line (measured property line to centerline). Design and install a median to construct on
Franklin Road that will restrict this roadway to left-in/right-inlright-out only.
6.9 Other than the access specifically approved with this application, direct lot access is prohibited to
Eagle Road and Franklin Road and shall be noted on the final plat
6.10 Comply with all Standard Conditions of Approval.
Exhibit B
CIlY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARINO DATE OF APRIL 24, 2007
7. IDAHO TRANSPORTATION DEPARTMENT (PER A LETER RECEIVED JANUARY 22, 2007)
D. ZoDblg Adnmtistrator,
!.T.D.s commcmts dat=d 18D1J!UY 6, 2007 prompted. a meeting with the developer and their engineers. At the
meetiDg tbal wu he1cI on J~uary 19"t 1be main dillCUSmdD Wllll fA) leave the Montwe Drive access in place to
function lIS a JigJrt in rigb:I out BCOIBJ~ The T 1.S. showed how the accesa could help n:dacc tlie delay at the
St Lukes sigoaL L T.D. is agreeable t9leaviDg the 8l:CCSS 8I1d have die developer incR:ase the existing 20
curb radius to a mioimum of 30 fI::et. Other than the cw:b radius we have DO i'rn'nftI""t on this application..
I .
Any work done an the State Right oflway will require a penmll'emnt applications are available from this
office or the maintenance ofBce in ~e. Please have the appIiCllDt contact Matt Ward at 8150 Chinden
Bivd. 83714 in Boise or call (208) 33~-8341 to obtain li. permit application.
If you have any questions please call ~ S~ at 334--8924.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF APRIL 24, 2007
C. Legal Description
pVMllY~
~
OVlL ANDn-.UCTWAL ENGINUidJI/G
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EXHIBIT A
Annexation Description Rev. C
For Ahlquist Development
Job No. 06320 February 6, 2007
A portion of the NW1/4 of Section 16, T3N, R1E, B.M., Ada County, Idaho, as follows:
BEGINNING at found Brass Cap monument marking the Northwest Comer of said Section 16,
asahown on Corner Perpetuation Record, Inst. No. 99007475, Ada County Records;
thence along the North Line of said section 16, South 69020'11" East, 1015.45 feet, to a point on
the East Line of Montvue Park Subdivision, extended north to said Section Line, as per the plat
thereof. in Book 17. ;It Page 1107-1108, Ada County Plat Records also being III point on the
West Line of Touchmark Living Center Subdivision No.1, In Book 89, at Page 10313-10316.
Ada County Plat Records, also extended north to said Section Line;
thence along the boundaries common to both said subdivisions, South 00011 '43" East, 1111.19
feet, to the southeast comer of Lot 1, Block 5, of said Montvue Park Subdivision;
thence along the South Line 0' said Lot 1, Block 5 and beyond, North 89014'00" West, 207.40
feet, to a point on the Centerline of E. Montvue Drive, as shown on said plat of Montvue Park
Subdivision;
thence along said Centerline, North 00012'19" West, 119.56 feet:
thence North 89030'09" West, 199.73 feet, to a point on the Line common to Lots 1 and 2,block
4 of said plat of Montvue Park Subdivision;
thence along said common Line, North 00012'19" West, 16.12 feet;
thence North 89030'09" West, 200.23 feet, to a point on the Centerline of W. Montvue Drive, as
shown on said plat of Montvue Pari( Subdivision;
thence along said Centerline, North 00012'19" West, 122.02 feet, to a point on the Line common
to Lots 9 and 10, in Block 5 0' said Montvue Perl( Subdivi&ion, extended ea&t to iaid Centerline;
thence along said extended Line, North 89"30'24" West, 179.37 feet, to 8 found 1/2 Inch rebar
marking the comer common to Lots 8, 7, 9 end 10 of Block 51n said Montvue Park Subdivision;
thence along the Line common to said Lots 6 and 7, Block 5, and extending westerly, North
69"30'07" West, 226.03 feet, to a point on the West Line of said Section 16, being coincident
with the Centerline of S. Eagle Road;
thence slong said West Line, North 00022'14" West, 855A9 feet, to the POINT OF BEGINNING.
Containing 971,520 square feet, or 22.30 acres, more or less, and SUbject to any easements or
rights of way of record or otherwise existing.
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P:WJLQU1ST DEVELOPlAbI4.in Dmloponent Morldfln\PrlwinplSuIVI)IIDOIciipiJons\06320 ANNEX revC Desc.doc
Treasure Valley Eugineers, Inc.
12001 6"'". Street North
Namp8, Idaho 83687M
Office: (208) 463-0305
Fax: (208) 463-4391
www.TreasureValleyEngineers.coll1
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007
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OWNER E OPER:
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LOUIST DEIlELOPMENT 12tH 6IhSTREETNORTH
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F'Ro.JECT:
ANNEXAllON MAP
NW1/4. SEC. 16,
T3N, R1E, 8.M. CITY OF
MERIDIAN, ADA CO., IDAHO A
2/6/07
Exhibit C
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1 OF 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full
investigation and shaD, at the public hearing, review the application. In order to
grant an annexation and/or rezone, the Councll shall make the following findings:
1. The map amendment complies with the applicable provisions of the
comprehensive plan;
The applicant is proposing to zone all of the subject property to C-G. The City
Council finds that the proposed zoning map amendment complies with the
applicable provisions of the Comprehensive Plan. Please see Comprehensive
Plan Policies and Goals, Section 8, of the Staff Report for more information.
2. The map amendment complies with the regulations outlined for the
proposed district, specifically the purpose statement;
If the applicant complies with the conditions outlined in the development
agreement, the Council finds that the proposed commercial district will be in
compliance with the specific district regulations. The Council finds that future
development of this property should comply with the established regulations and
purpose statement of the C-G zone.
3. The map amendment shall not be materially detrimental to the public
health, safety, and welfare;
The Council fmds that the proposed zoning amendment will not be detrimental to
the public health, safety, or welfare. Staff recommends that the Commission and
Council rely on any oral or written testimony that may be provided when
detennining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery
of services by any political subdivision providing public services within the
City including, but not limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any
adverse impact upon the delivery of services by any political subdivision
providing services to this site.
5. The annexation is in the best of interest ofthe City (UDC 1l.SB-3.E).
The C-G zoning amendment will provide commercial area that is similar in
nature to existing and proposed commercial/office development in the vicinity.
The 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. In accordance with the fmdings listed above, The
Council finds that Annexation and Zoning of this property to C-G would be
in the best interest of the City, if the applicant enters into a l>evelopment
Agreement (DA) with the City, as mentioned in Section 10 of the Staff
Report.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR lHE HEARING DATE OF FEBRUARY 2, 2006
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 conformante with the Comprehensive Plan;
The City Council fInds that 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 caD be made available and are adequate to
accommodate the proposed development;
The City 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, and utilities for the development
at their cost, the City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
4. There is public fiDancial capability of supporting servites for the proposed
development;
Staff recommends the Conunission and Council rely upon comments from the
public service providers (i.e., police, fire, AClID, etc.) to determine this fmding.
(See finding Items 3 and 4 above under Annexation Findings, and the Conditions
of Approval in Exhibit B for more detail.)
5. The developmeDt will not be detrimental to the public health, safety or
geDeral welfare; and
The City Council is not aware of any health, safety or enviromnental problems
associated with the development of this subdivision that should be brought to the
Council's attention. ACIID considers road safety issues in their analysis. Staff
reconunends 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 developmeDt preserves sigoificaDt natural, scenic or historic features.
Staff is unaware of any natural, scenic or historic features on this site. The
Commission and Council find that the proposed development will not result in
the destruction, loss or damage of any natural, scenic or historic feature( s) of
major importance. Staff recommends that the Commission 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.
Exhibit D