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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 \, 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 ":;.. <:') 1~, ./ ~ ~ // '>>f --- G~; "- DEVELOPMENT AGREEMENT (~6~J:i~~QUIST) III/ ,\,\\ /11111111 I t I \, \ \, 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. ":-O\.J:T""K-1.t ' I~ .... d" '"'0.... ...''''''' ~ ' i l"',~"'f ..0 czi / i A ........ ~ J.. r~ ; p / / Lf 4ft{ J- / 0J h.------ (SEAL) \,~ ~Il :: - \'TJ! . II C../ i Notary Public for Idaho it." f 0 :.....~ 0 ........ Residing at: 17 A """f r lD ~p ...... M C .. E . fff',....."...... Y omnusslOn xprres: DEVELOPMENT AGREEMENT (AZ 06..065 GARDNER/AHLQUIST)H PAnE 11 OF 17 STATEOFIDAHO ) : ss 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) ........ ..",,~RA ~. .. '':.",~<~v. ~.. .. /,"..1. 0 'h ...., '+'~~. . ' \." ~ ~ '" . . I -"'lIIIf\\ . . ' .,. \~. . : ....... ~I.'"". . ' ...... ,'"""'. ~I ,~. ~~ : . tI':F\. , . ~^\ , . .~\,'I!i . ,'.. ..~~~l~_",,," .. ..lD. ~~~... ...;~ Jol~OAJ Notary Public for Idaho Residing at: Commission expires: '0-1 I-II DEVELOPMENT AGREEMENT (AZ 06-065 GARDNER/AHLQUIST) PAGE 17. OF 17. A. Legal Description ~VAU]Y~ ~ CIVIL AND STRUCTURAL ENGINEERING )-(- (-n 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. ~-\li>.l. f,:EVI 3V - ,..-",14 pus\.\C ;.t,,-K..:-'';-:50\,-?'" \ty......\.,. 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~ '\ 1D...i10 ~, 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) i::l _....._ """".. i! 1QQNiJ .. IIlIII , i "'o~ncr '~'d .AJI 0 ~_..., ~ -~- --....,mar, ",".a=nt ~~ .--.......".-- ~~Cr.t. ~ ~W ~ ---- -~~ 1iIll..._-.-..mJ :aMrl1AIU/Ealt iRlaMl-:=:::. M==-"'~ __Ill. II I ," I J III!." .111.'1 lJ - I 1 ~ I lit lit ~IIII "~~ilii;Uh! i I I, f' t ~,! i I ~i ~J i IllnOHIRIIUlu i ;; I SlI'11111 :1 ~li 'IIIIIIIII!f'll'll ~.' I :,P,':rll 1J11 - Qi0) 311 . ....Ill. . ,. I II I liil I -0 ~ ~ ~ :::..: -. ~",,,, 't::l 1-': 0; ~;:~ J\J ::0... ~d '\ :.""l:l g~~ .. ~ ~ o,l;l ~ ~~ ;;:~8 :'i""" -.. ; C] ~~~ '~m- ~ ~~S- e::: '" ~ ......-: ~, I "'i;: ~..."" ~ q ~ ~ aDt I I - 'I. 1=-< Exhibit A I , j! ~ d ...<_d~2~ U~I I~ ~ll " . ~ .1;linH!s UdUiH. CP ijl "0 I~ Ir I " ] . I . I, ij II Ii II t I . . I' I( ~; II ' i- -r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 2. Landscape Plan (Dated 1-15-07) ~ !1111~1'1~1~'II"~li,! J i ~I Ii 1,1: ;ilii! ~ 1;1 i ! = I~. i ~ ~ , IS Ii .1;,. e IE 'i . m I II I .M.'I = i i ~ ~ m:rm:l Wffi r:-u LD '\ ~ -~ i !~ ;.'" ~~ q" ii ~ C'I r m ;:IJ ~ IIJ'II~ ' .,1' '111JI I'i! ~f ~ I~ ~lh} !a~ (Ii ,II IIi! .,11 'Ill !ft Exhibit A lillll illll 1:0 ________li!0_Q'__ _ _ '\:.J I I t ! I i I @l i d 01 I I ~---------------~ I I I I i . @ I i i i ; @ @ ~ ... 1 -l 'III Ii! ~ -, . ,ll li ~ III @) 1'1 r ~ , . ir I ~ II Ii , : Iii .j ~~ " ,: r ',~ ~ti I: I' .I I! Ii -- n . , q f i ' -> I II, ~ ,,'." ..... fft" ~ ~ . OO~~ ~ mllJI'IIII'li ~ Ii --- ". - II i lil~'I~li'llm ~ ' ." ~ II u~ ~r " !~ }... ' 'I J> i 1 ,,2: I i : ~ ~ ~ I iii ! ~ .. I ~ I I ~ ! . ,1111 ! . - I liil ii, : i I ili~.1 f ~ IIi' ,,,~~'W'jN''',,, ~ !jT~~){% ~ ~~j ~ ",,,,,,,,, ~~ Ai'\~ \.&' i 'ii~1 ~ !i!1 i 1;J . ""'1ll0 1>""}Jl.~ S~pJ'f """OR~ fOR nIIl ~O I>AtE Of Al'tuL 24, ZOO' Cl1"l Of 1V\'ElUP\PJ"ll'Lj\J."P 3. conceptua\ Site plan- t' l4 ~~ ~~~ .I ."'.~.. 6.. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24,2007 4. Conceptual Office Elevations Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT sr AFF REPORT FOR lHE HEARING DATE OF APRIL 24, 2007 5. Conceptual Retail Elevation -......." ... '. .;.I""'.,.' >~:::i' .', ,.u' '" 'i,~ \~, Exhibit A 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 _~.6.('n 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. ~~;"l. "e\,. _ Ei'l' _ . . jl.N p\lS\..1C f,","":?..' ~ 01:0"'" \I";...~.Y.;;J 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 i'I1e"I"~R '/\'05 IHST. Nc...~S00747S 8 9 STA. &.1+Q8.07 E. FRANI<UN ROAD 569'20'WE 2706.25' =Th 17 ~-._--"""'._~IIIto_---;o;s:-41~---"'-""""'-"""'-- . -~----e I ~"-"~=~--":''=t---:'-::':'F'"--='f''-'-''r---''----T''-''-'' \6;O~ II t" i :', . . I Uo.BRA:;liCAP . r'ClJ . '1' IR\ I I i I !:PM '"ST. I I I . (i). ... : @): (J): : '""-83092Sl1 I : (-----..-1..._ i ' ! \ ! 1 I ! : ..........-. I al.OC'{.. . iIl\' I . I -.-+.! ..., I <D I 1-t:t:1! :@:'-...(,,_! c ~pSl.'{.. i I \ ":'l'N.L'riN" otl. 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II' 18.12 I ' i t+"-"-"+"-"-"~LL_._~~,L:&t- ~gN~%~~ PT!IIA._~. 'i j@i @ ~~T--~--r ~ ~l~ u : I '. . :1Il PGC ~... Ll'-"- .._..L"N89":2ii'4i~iv-i._..- ..-..-;.0.".77..i....-.-----..---J /'1 J: ~aDI 1B'1DCIII ~ ~~iMu I ANNEXATION AREA I 22_30 ACRES'" , 971.52D SQ. FT.'" ~ 3'( EXHIBIT B , :g .. OWNER E OPER: ~imE{at8I 'IiIEASUR~ vA4L~r~NGJNEeRS./~c. LOUIST DEIlELOPMENT 12tH 6IhSTREETNORTH REV C NAIoIPA,IOAII08168T ~ {2OJJJ-.0305 ~ 1',1 "AX~J'~1 ( maIW'~~ _SoSlIllIEI'tlIilI 1fifT0lR/ WfIlSf/E...... Tn''''''..... 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 I") t:l ~;;) Z _0 > o~ :J Zw ::.:;eJzt:l FO< ~ZVio. ~~~gj U QIIO ~ m:>o;: o :JQ I- (1)0 m '-=200' OWG # 2057-06 PROJECT' 08320 SHEET 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