Zamzow's Overland AZ 07-008
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/19/07 01:32 PM
DEPUTY Lisa Irby
RECORDED - REQUEST OF
Meridian City
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107102518
AMOUNT .00
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
lR., LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this IZ~ day of J l/tLy , 2007, by and between City of Meridian, a
municipal corporation ofthe State ofIdaho, hereafter called CITY, and J.R., LLC, whose
address is 1201 Franklin Blvd., Nampa, Idaho 83687, hereinafter called
OWNER/DEVELOPER.
1.
RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, LC. ~ 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-5B-3, which authorizes development
agreements upon the annexation and/or re-zoning ofland; and
1.4 WHEREAS, Owner/Developer have submitted an application for
annexation and zoning of the Property's described in Exhibit A, and
has requested a designation of C-G, General Retail and Service
Commercial District (Municipal Code ofthe City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND
PAGE 1 OF 11
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 10th day of July, 2007, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 OWNER/DEVELOPER deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions ofthis development agreement, herein
being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6,2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND
PAGE 2 OF 11
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 of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to l.R., LLC, whose
address is 1201 Franklin Boulevard, Nampa, Idaho 83687, the party
that owns and is developing said Property and shall include any
subsequent owner( s) or developer( s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re-zoned C-G (General Retail
and Service 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 Unified
Development Code S 11-2B-2 which are herein specified as follows:
Construction of a new 18,486 square foot retail (pending CZC and
Building Permit issuance) in the C-G zone on 3.32 acres. The
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this AZ 07-008 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property In accordance with the
following special conditions:
DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND
PAGE 3 OF 11
1. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
2. The site shall comply with all of the design standards listed in UDC ll-3A-19C,
including the following: A continuous internal pedestrian walkway that is a
minimum of eight feet in width shall be provided to the main building entrance
from the perimeter sidewalk along Overland Road, J ade Avenue, and from the
west property boundary for future connection to the planned sidewalk and street
(Silverstone Avenue) adjacent to the west property boundary. Further, the
required walkway to J ade Avenue should be distinguished from the vehicular
driving surface through the use of pavers, colored or scored concrete, or bricks.
3. The applicant shall be responsible to obtain a Certificate of Zoning Compliance
(CZC) permit from the Planning Department for all new construction on the
subject property.
4. The detailed site plan and building elevations submitted with any CUP and/or
CZC application for this site shall substantially comply with the conceptual site
plan and building elevations submitted to the City as shown in Exhibit A ofthis
staff report and with the requirements of the subject Development Agreement.
5. The applicant shall be responsible for all costs associated with sewer and water
service installation.
6. Direct access to this site from Overland Road shall be prohibited. Access to the
site shall be provided from Jade Avenue and a driveway access to the west
property line for future connection to the planned Silverstone Avenue shall be
provided as shown on the conceptual development plan submitted with this
application.
7. A minimum 35-foot wide landscape buffer will be required and shall be
constructed along the entire frontage of E. Overland Road in accordance with
UDC ll-3B-7, when a CUP and/or CZC is reviewed and approved in the future.
8. A minimum 10-foot wide landscape buffer will be required and shall be
constructed along the entire frontage of8. Jade Avenue in accordance with UDC
11-3B-7, when a CUP and/or CZC is reviewed and approved in the future.
9. A minimum 25-foot wide landscape buffer shall be constructed adjacent to any
existing residential uses which abut this site in accordance with UDC 11-3B-9,
when a CUP and/or CZC is reviewed and approved in the future.
10. At the time of CUP and/or CZC approval, a 10- foot wide multi -use pathway will
DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND
PAGE 4 OF 11
be required on this property, subject to adoption of the Pathways Master Plan.
11. Sidewalks shall be constructed along E. Overland Road and S. Jade Avenue.
12. Any work or improvement within the floodway or floodplain on this property
shall file a floodplain development application with the City of Meridian Public
Works Department prior to commencement of the work.
13. The applicant shall complete all required improvements prior to obtaining a
Certificate of Occupancy for any new use or change in use of the site.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Owner/Developer or Owners' /Developers' heirs, successors, assigns, to
comply with Section 5 entitled "Conditions Governing Development of Subject Property" of
this agreement within two years of the date this Agreement is effective, and after the City has
complied with the notice and hearing procedures as outlined in Idaho Code S 67-6509, or any
subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owner/Developer consent upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fail to
cure such failure within six (6) months of such notice.
8. INSPECTION: Owner/Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
9.
DEFAULT:
9.1 In the event Owner/Developer, or Owner/Developers' heirs,
successors, assigns, or subsequent owners of the Property or any other
DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND
PAGE 5 OF 11
person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be modified or
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by City of any default by Owner/Developer of anyone or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Property by the City Council. If for any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release
of this Agreement.
11. ZONING: City shall, following recordation ofthe duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Owner/Developer shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND
PAGE 6 OF 11
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which are beyond the reasonable control 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 oftime of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code ~11-5-C, to insure that installation of the improvements, which
the Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developer/Owner has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
l.R., LLC
1201 Franklin Boulevard
Nampa, ID 83687
DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND
PAGE 7 OF 11
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND,
PAGE 8 OF 11
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and/or conditions governing re-zoning ofthe
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND
PAGE 9 OF 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERlDEVELOPER
J.R., LLC
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CITY OF MERIDIAN
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ATTEST:
DEVELOPMENT AGREEMENT (AZ 07-008) ZAMZOWS OVERLAND
PAGE 10 OF 11
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STATE OF IDAHO, )
(lttiU/ t!J ; ss
County of Ma, J 'L)
On this 1:J.7;!::ctay of ,j t<-€t.fc ' 2007, before me, the
unQ.eriLned, a Notary Public i!!___.end for aid State, personally appeared
t< l.(!. . tLtJ L, 7.a ;1l7fib<.J.-:;E~gw~r identified to me to be the person who signed
the above and acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
offic~~r'm~~~ and year in this certificate first above written.
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STATEOFIDAHO )
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On this r1""" day of Ju l'i ,2007, before me, aNotary
Public, personally appeared Tammy de Weerd and William G. Berg, Ir., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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PAGE 11 OF 11
MAR-09-c007tFRI) 11:35
TIMBERLINE SURVEYING
(FAX)c084655690
P. ODe/DOc
LEGAL DESCRIPTION FOR
ZAMZOWS
ANNEXATION
A Parcel ofland located in the Southeast 1/4 of the Southwest 1/4, of Section 16,
Township 3 North, Range 1 East" Boise Meridian, Ada County, Idaho. Being further
described as follows:
BAsrs OF BEARlNGS:
The line between the West 1/16 Comer and the SO,uth 1/4 Corner of Section 16.
Township 3 North, Range 1 East, Boise Meridian. derived from found mOnUD.1ents and
taken as South 89039'46" East with the distance between monuments found to be
1332.37 feet.
BEGINNING at the West 1/16 Comer being the Sout~,west corner of the Southeast 1/4
orthe Southwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian;
thence North 00045'03" West a distance of 439.88 feet;,
thence South 89039i31" East a-'distance of 333.39 feet to the centerline of Jade Avenue;
thence along said centerline South 00020'29" West a distance 01'439.77 feel to the
South line of said Southeast t /4 of the Southwest 1/4;
thence along said South line North 89039'46" West a distance of325.00 feet to the
POINT OF BEGINNTNG.
Said Parcel containing 144,774 square feet or 3.32 acres, more or less and is subject to
all existing easements and rightsMofaways of record or implied.
END OF DESCRIPTION
Russell E. Badgley, P.L.S. 12458
Timberline Surveying
847 Park Centre Way, Suite 1
Nampa, Idaho 83651
(208) 465-5687
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MAR 0 9 2007
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M.~t'ks Dept.
U;\TS-07\1c:wcl Sub - Zall\Ulwsls\IIVlly\I.J3GALS\Zam.zows Arlll"xuliun.clnc
CITY OF MERIDIAN
'FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
JUL f 0 2007
C~:ty Of eridian
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In the Matter of the Request for Annexation and Zoning of 3.32 acres from Rl to C-G, by
J. R., LLC.
Case No(s). AZ-07~008
For the City Council Hearing Date of: June 26, 2007 (Findings on the July 10, 2007 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 26,2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 26,2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 26,
2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 26, 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.C. S67~6503).
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 S
II-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07.008
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and provisions of the Development
Agreement, all in the attached Staff Report for the hearing date of June 26, 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 9 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 Annexation and Zoning request as evidenced by having submitted the
Legal Description, prepared by Russell Badgley, stamped/dated 3/8/07, is hereby
conditionally approved;
2. The properties described in the Annexation legal description shall be zoned C-G as
recommended by Staff and approved by the City Council;
3. A Development Agreement is required with approval of the subject annexation
application and shall include the provisions noted in Exhibit B of the attached Staff
Report for the hearing date of June 26, 2007, incorporated by reference.
D. Attached: Staff Report for the hearing date of June 26,2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-008
By action of the City Council at its regular meeting held on the I O~ day of
J~'1 ,2007.
COUNCIL MEMBER DAVID ZAREMBA
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED~
COUNCIL MEMBER JOE BORTON
MAYORT~deWEERD
(TIE BREAKER)
VOTED
If^-
~
COUNCIL MEMBER KEITH BIRD
VOTED
'If
Attest:
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
B~\:;;SAo LvJ
City Clerk
Dated: I - , ,.. D ..,
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-008
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF JUNE 26, 2007
HEARING DATE:
June 26, 2007
~g~c~n' ~.
'0IVLeridi:n~ -'\
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STAFF REPORT
SUBJECT:
Mayor & City Council
Sonya Watters, Associate City Planner
(208) 884-5533
Zamzow's Overland
TO:
FROM:
. AZ-07-008
Annexation and Zoning of 3.32 acres from Rl (Ada County) to C-G (General
Retail and Service Commercial).
. DES~07-004
Design Review for a structure on property adjacent to an entryway corridor.
1. SUMMARY DESCRlPTION OF APPLICANT'S REQUEST
The Applicant, 1. R., LLC, has requested Annexation and Zoning (AZ) approval of 3.32 acres from
Rl (Ada County) to C-G (General Retail & Service Commercial District). Design Review (DES)
approval is also requested because the location of the proposed structure is adjacent to an entryway
corridor.
The subject property is located on the northwest comer ofE. Overland Road and S. Jade Avenue, in
the southwest ~ of Section 16, Township 3 North, Range 1 East, RM. The subject property is within
the City's Area ofhnpact and Urban Service Planning Area.
Approval of the subject AZ & DES applications would allow the applicant to obtain a commercial
zone and construct a new 13,334 square foot retail facility for Zamzow's (pending CZC and Building
Pemrit issuance). The applicant is also proposing to lease retail spaces in the subject building
consisting of 5,152 square feet. The retail spaces are proposed to be attached to the main Zamzow's
building. According to current City Code, retail stores are principal pennitted uses in the proposed C-
G zone (UDC Table 11-2B-2).
The Applicant has not submitted a subdivision application at this time. However, the Applicant has
submitted a concept plan for how the subject property may develop, and elevations for what the future
building wil1look like. The applicant has requested DR approval at this time because the proposed
structure will be located adjacent to an entryway corridor and the elevations approved with this
application should comply with design standards. Staffhas reviewed both the concept plan and the
elevations and has included DA provisions in the staff report related to the submitted applications
(AZ and DES).
2. SUMMARY RECOMMENDATION
The subject AZ & DES applications were submitted to the Planning Department for concurrent
review. Per UDC 11-5A-2, the Planning & Zoning Commission is required to make a
recommendation to the Council on AZ applications; the Commission is not required to make a
recommendation on DES applications. However, the Commission may review and make
comments on the DES application, as this application is significant to tbe proposed development
of this property. Any comments related to the subject applications (AZ-07-008 & DES-07-004) will
be included in the Commission's recommendation to the Council. Staff is recommending approval
of the Zamzow's Overland application (AZ-07-008 & DES-07-004) with a Development
Agreement for the project.
Zarnzows Overland AZ-07-008 & DES-07-004
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIIE HEARING DATE OF JUNE 26, 2007
The Meridian Planning & Zoning Commission heard this item on Mav 17. 2007. At the public
hearing they moved to recommend apProval of the subiect AZ (and DES) request.
a. Summarv of Commission Public Bearine:
i. In favor: Darin Eisenbarth (President of Zamzow's) and Doug Zamzow
(Construction Manaeer for Zamzow's)
ii. In opposition: None
iii. Commentine: None
iv. Written testimonv: None
v. Staff presentinl! application: Sonva Watters
vi. Other staff commentine On application: None
h. Key IssueCs) of Discussion bv Commission:
i. Visibility of the site from Overland Road
.t.. Kev Commission Chanee(s) to Staff Recommendation:
i. Add reauirementin the Development Agreement for the applicant to install
security cameras Dear the entrance of the development
.Ii. Outstanding Issue(s) for City Council:
i. Applicant's reauest (see letter submitted bv Darin Eisenbarth, dated Mav 25.
2007) for City Council aporoval of the following items: (Staffs response in
italics)
. City acceptance of the Certificate of ZoniDe Compliance (CZC) application
the dav after Council approves the associated ordinance and development
aereement ((Voica/lv. the Planninll Deoartment will not accept a CZC
aoolication until after the ordinance is oublished in the newspaper. makine the
AZ official). Staff offers to acceot the CZC aDDlication anvtime after the
Council hear/nil on the annexation and prior to the adoption of the annexation
ordinance and develooment aJ!reement.
. Issuance of the CZC by the Plannine Department within one week of receiDt
of the application. Normal processine time for CZC's is 5.7 business davs. as
requested bv the ADmicant.
. City acceptance of the buildinl! permit application and associated documents
the day after Council approves the AZ ordinance and development
aereement and start review of the applicadon immediately ftvoica/lv.
buildinll oermit applications are not accepted bv the Buildine Department until
a CZC is issued bv the Planninll DepartmentJ. Staff believes that this relluest is
unfair to those aDmicants alreadv in the svstem. Further. Staff has eXl1erienced
that is not appropriate. nor is it in the best interest of the A.pplicant or the Citv.
to process the CZC and the buildine oermit concurrentlv.
. Issuance of an earlv start foundation permit by the Buildine Department
within one week of buildio2 permit application submittal contingent upon
their bein~ no maior desil!ll. enl!ineering. or detailine issues associated with
the work authorized bv the foundation permit. TVDicallv. earlv start
foundation permits are issued within 10 wor/dne davs after receipt of the
buildinll vermit aomication. The apolicant mav contact Brent Biornson at 887w
2211 to reQuest a shorter timeline: however the reQuest mav not be aooroved.
Please see Staffs response to the Applicant's request in the memo dated June 5,
2007 to Council for more information.
The Meridian Citv Council heard this item on .June 26.2007. At the Dublic hearim! thev
anDroved the subiect AZ {and nRR\ reouest.
. SummarY of City Council Public Hearinll:
i. In favor: Darin Eisenbarth: DOUi! Za.mzow
Zamzows Overland AZ-07-008 & DES-07-004
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
ii. In oDDOIlition: None
iii. Commentinl!: None
iv. Written testimonv: Dnu~ Zamzow
v. Stafforesentinp. aDolication: Anna Canninl!
vi. Other staff commentin~ on aoolication: I,en Gradv. Ron Andenon. and .John
Overton
~ Kf)v hlueli: of Discussion hv Council:
i. Reouirementllocatlon of the to-foot wide multi-use oathwav
ii. Addressin~ the DrODertv from Overland vs. Jade
.t. Kev Council Changes to Staff/Commission Recommendation
i. 'Allow the orooertv to he addressed off of Overland Road unless challemred bv
S1aft
3. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ-07-
008 (and DES-07-004 optional) as presented in the staff report for the hearing date of June 26,2007,
with the following modifications to the proposed development agreement: (add any proposed
modifications)
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number AZ-07-008
(and DES-07-004 optional) as presented during the public hearing on June 26,2007, for the following
reasons: (you should state specific reasons for denial of the annexation request)
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number AZ-07-
008 (and DES-07-004 optional) to the hearing date of (insert continued hearing date here) for the
following reason(s): (you should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3620 & 3650 E. Overland Road and 1545 S. Jade Avenue (Lots 1-3, Block 1, Jewel
Subdivision)
Northwest comer ofE. Overland Road and S. Jade Avenue
Southwest ~ of Section 16, Township 3 North, Range I East
b. Property Owner of Record:
1. R., LLC
1201 Franklin Boulevard
Narnpa, Idaho 83687
c. Applicant:
Same as owner
d. Representative: Douglas Zamzow, Zamzow's Inc.
e. Present Zoning: Rl (Ada County)
f. Present Comprehensive Plan Designation: Low Density Residential
Zarnzows Overland AZ-07-008 & DES-07-004
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1HE HEARING DA IE OF JUNE 26, 2007
g. Description of Applicant's Request: The Applicant is requesting approval for Annexation and
Zoning of 3.32 acres from RI to C-G and Design Review for a structure adjacent to an entryway
corridor.
h. Applicant's Statement / Justification: The Applicant's narrative states, "J. R., LLC (Zamzow's)
plans to improve the existing property on Overland Road by constructing a new retail store
facility and a shell/core facility for leasable retail spaces. The design and engineering of these
improvements will be done by licensed professionals to meet all current code requirements. 1. R.,
LLC and Zamzow's sincerely feel that the above described improvements will add to the success
and flavor of the surrounding area and the City of Meridian." (See Applicant's narrative for more
information.)
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. Newspaper notifications published on: April 30, 2007 and May 14, 2007 (Commission); June 4.
2007 & June 18.2007 (City Counell)
c. Radius notices mailed to properties within 300 feet on: April 20, 2007 (Commission); June 1.
2007 (City Council)
d. Applicant posted notice on site by: Apri130, 2007 (Commission); June 15. 2007 (City Council)
6. LAND USE
a. Existing Land Use(s): There are existing homes and outbuildings on the site that will be removed
upon development of the property.
b. Description of Character of Surrounding Area: This property is located near a highly-trafficked
intersection with commercial development proposed to the west and commercial properties across
Overland Road to the south. There are existing residences in Jewel Subdivision to the north and
east of this site.
c. Adjacent Land Use and Zoning:
North: Existing residences in Jewel Subdivision, zoned Rl (Ada County)
South: Commercial property (Silverstone Subdivision), zoned C-G
East: Existing residences in Jewel Subdivision, zoned Rl (Ada County)
West: Vacant property, zoned C-G
d. History of Previous Actions: This property is zoned Rl in Ada County and was previously
platted as Lots 1-3, Block 1, of Jewel Subdivision and developed with residential homes in the
County.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: There is currently sewer stubbed off of South Jade Ave
approximately 60 feet north of East Overland road.
Location of water: There is currently water stubbed off of South Jade Ave
approximately 60 feet north of East Overland road.
Issues or concerns: The applicant shall be responsible to install water and sewer
mains to and through this development.
ZarnzOW$ Overland AZ-07.008 & DES-07-0Q4
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
2. Vegetation: There are some existing trees on the subject property that should either be
preserved or mitigated for at the time of development.
3. Floodplain: A portion of this site along the north and northeast property boundaries is
located within the floodway. A large portion of the north half of this site is also located
within the 100 year and 500 year floodplains, in flood zones AE and X5, respectively.
4. CanalslDitches/Irrigation: The Five Mile Creek runs along the north and northeast
boundaries of this property.
5. Hazards: Vehicular access to this site -lIDs site has frontage on Overland Road and S.
Jade Avenue. ACHD has not evaluated access on this site, as no development application
was submitted concurrently with the subject annexation request. Staff can not guarantee
the access proposed from S. Jade Avenue will be approved by ACHD Staff. Planning
Staff is not aware of any other potential hazards on this site.
6. Proposed Zoning: C-G
7. Size of Property: 3.32 acres
f. Sununary of Proposed Streets and/or Access: Although no development is proposed at this time,
the conceptual development plan submitted with this application shows a driveway access to S.
Jade Avenue, a local street. The proposed driveway is located on the east property boundary,
approximately 105 feet north of the south property line. Additionally, a driveway stub to the west
is proposed for future cOIUlection to the planned Silverstone Avenue, along the west property
boundary. No access points to Overland Road are proposed or approved with this application.
Staff is supportive of the general location of the proposed access points to this site. However,
Planning Staff can not guarantee that the proposed access points will be granted by ACBD
in the location shown on the plan. ACHD will review the proposed access points to the site
upon submittal of a development application.
g. Landscaping:
1. Width of street buffer(s): Per City Code (UDC Table 1l-2B-3), a 35-foot wide landscape
street buffer is required adjacent to E. Overland Road, an arterial street and entryway
corridor. A lO-foot wide landscape street buffer is required adjacent to S. Jade Avenue, a
local street.
2. Width of buffer(s) between land uses: Per City Code (UDC Table ll-2B-3) a 25-foot
wide landscape buffer is required between C-G zoned properties and residential uses.
There are existing residential uses to the north of this site.
7. COMMENTS MEETING
On April 27, 2007, Planning Staff held an agency comments meeting. The agencies and departments
present included: Meridian Fire Department, Meridian Police Department, Meridian Parks
Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has
included all comments and recommended actions in the attached Exhibit B. However, because this
request is only for annexation, comments are for infonnational purposes only.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low
Density Residential." The applicant is proposing a commercial zone (C.G) rather than a low density
residential zone, as designated for this property. Further, the applicant is not applying for a
Comprehensive Plan Map Amendment for the following reason: The Comprehensive Plan (page 98)
states that ''the areas depicted on the Future Land Use Map are conceptual and, therefore, will require
further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not
necessary and that the requested C-G zone and commercial use of this property would be more
Zamzows Overland AZ-07-008 & DES-07-004
Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RBPORTFOR THE HEARING DATE OF JUNE 26, 2007
appropriate than a residential designation for the reasons stated below in Section 10, Analysis, for the
AZ application.
Per page 105 of the Comprehensive Plan, "Commercial" areas are anticipated to "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." Staff finds that the proposed for this property generally conforms to this stated
purpose and intent of the commercial designation within the Comprehensive Plan.
Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive
Plan to be applicable to this application (Staff analysis is in italics below policy):
· Chapter Vll, Goal N, Objective D, Action 2 - "Restrict curb cuts and access points on
collectors and arterial streets."
On the submitted conceptual development plan, the Applicant is proposing a single access to
Jade Avenue, a local street, approximately 220-feet north of Overland Road. A stub driveway
is also provided at the west property boundary for future cross-access. ACHD has not yet
reviewed or approved access to the site. City Staff is supportive of the proposed access to this
site, as/if allowed by ACHD.
. Chapter VII, Goal N, Objective 0, Action 4 - "Require appropriate landscape and buffers
along transportation corridors (setback, vegetation, low walls, benns, etc.)."
Overland Road is classified as an arterial street and is designated as an entryway corridor
into the City. By City Ordinance, 35-foot wide landscape buffer is required adjacent to
Overland Road and a lO-foot wide buffer is required adjacent to Jade Avenue.
· Chapter V, Goal III, Objective D, Action 5 - ''Require all commercial businesses to install
and maintain landscaping."
The Applicant is not specifically proposing to install any landscaping with the subject
annexation application. Upon development of this site, the Applicant will be required to
construct internal and perimeter landscaping. Said landscaping must be installed prior to
Certificate of Occupancy of the proposed building on this site.
. Chapter N, Goal I, Objective A, Action - "Permit new... commercial development only
where urban services can be reasonably provided at the time of fmal approval and
development is contiguous to the City."
This property is contiguous to the City and sanitary sewer and water are readily available.
. Chapter Vll, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities
within the hnpact Area."
Staff believes that the proposed zone, which allows retail uses, does contribute to the variety
of uses in this area which include: offices, restaurants, retail stores. coffee shops, and single-
family homes.
Staff finds that the proposed zoning to C.G is harmonious with and in accordance with the
Comprehensive Plan. Staff recommends that the Commission and Council rely on Staff's analysis,
other agency/department comments, and any other comments received regarding the
appropriateness of zoning this site for retail stores.
9. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory,
and conditional uses in the C-G zoning district. Retail Stores are listed as principal permitted uses
in the C.G zone.
Zarnzows Overland AZ-07-008 & DES.07.004
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
b. Pwpose Statement of Zone: The pwpose of the Couunercial 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 StaffReconunendation:
AZ Application: Approval of the subject annexation application would allow the Applicant to
obtain a commercial (C-G) zoning designation for the subject property. According to current City
Code, retail stores are principal permitted uses in the proposed C-G zone. The Applicant has
submitted a conceptual development plan and building elevations showing how this site will
redevelop with a single 18,486 square foot retail building, parking, and access to the site.
The Comprehensive Plan Future Land Use Map designation for this property is Low Density
Residential. The applicant is proposing a couunercial zone, rather than a low density residential
zone as designated for this property. As noted above, the Comprehensive Plan (page 98) states
that ''the areas depicted on the Future Land Use Map are conceptual and, therefore, will require
further analyses prior to the creation of a zoning map."
Staff believes that a Comprehensive Plan map amendment is not necessary and that the proposed
C-G zone and commercial use of this property would be more appropriate than a residential
designation for the following reasons: 1) the properties directly adjacent to the site on the west
and south are zoned C-G and designated as Commercial on the future land use map; 2) the site is
located on the corner of Overland Road and Jade Avenue, which provides a good location for
commercial property and an access point that is not on an arterial street; 3) a large portion of the
homeowners within Jewel Subdivision have been pursuing the sale and commercial
redevelopment of their properties through realtors; 4) the proximity of this property to a major
intersection (Eagle & Overland) with heavy traffic flows; and 5) a large portion of this property
and surrounding properties to the north, northwest, and northeast lie within the 100-year and 500-
year floodplains and the floodway of the Five Mile Creek, making residences an unappealing use.
However, because there are existing residences to the north and east of this site, and
because the Future Land Use Map does designate this property for low density residential
use, Staff recommends that the Commission and Council rely on any comments received
from neighbors regarding the appropriateness of zoning this site commercially for retail
stores.
Based on the policies and goals contained in the Comprehensive Plan and the general compliance
of the proposed concept plan with the UDC for the C-G zone, Staff believes that the zoning of
this site to C-G is in the best interest of the City. Please see Exhibit C for detailed analysis of
facts and findings.
The annexation legal description submitted with the application (stamped March 8, 2007, by
Russell E. Badgley, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
Conceptual Site Plan: The applicant has submitted a concept plan for this site. The site is
required to comply with the design standards listed in UDC 1l.3A-19 because of the property's
location adjacent to an entryway corridor. The applicant has submitted a Design Review (DES)
application as required, with the subject AZ application. The concept plan shows one building
consisting of 13,334 square feet for the Zamzow's retail store and 5,152 square feet for tenant
retail shops (18,486 square feet total). The building is located on the northwest corner of E.
Overland Road and S. Jade Avenue with parking proposed on the north side of the building. Staff
is generally supportive of the submitted conceptual site plan for this property with the connnents
stated in this report. All parking stalls, drive aisles, landscaping, buffers, sidewalks, lighting,
Zarnzows Overland AZ-07-008 & DES-07-004 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
signage, building height and building setbacks for this site should comply with the applicable
provisions and dimensional standards set forth in the Unified Development Code for the C-G
zone.
Building Elevations: The building elevations submitted with this application prepared by
Richard F. Sinnard, Architect (Sheet Nwnber A4.1 and dated March 22, 2007), are required to
comply with the design standards listed in UDe 11-3A-19 because of the property's location
adjacent to an entryway corridor. Staff has reviewed the elevations and fmd that they will meet
the design standards outlined in UDC 11-3A-19 listed below if the Applicant complies with
Staff's comments noted below. However, Staff is concerned about the appearance of the east
elevation faeing Jade Avenue, which is visible from Overland Road. The concept plan shows
a 6-foot tall screen waD adjacent to the east end of the building. While this will help screen
the loading area, Staff is concerned about the appearance of the east elevation from the
street. Staff is requesting that the Applicant address at the hearing how the east end of the
building/site will be designed (i.e. landscaping and/or any design features proposed for this
area that will enhance the view) and bring an illustration of the east end of the site as seen
from Overland Road. AdditionaOy, the Police Department has noted in Exhibit B that they
have concerns that the proposed development does not offer natural surveillance
opportunities of the public areas. Further, the Police Department requests that prior to the
City Council public hearing, the applicant meet with the Police Chief and/or Planning Staff
to discuss features that increase visibility, including but not limited to: doors and windows
that look out on the public areas, front porches, and adequate nighttime lighting. The
Applicant might consider flipping the east and west elevations so that the retail shops are on
the east end, with Zamzow's on the west end. to provide a bener appearance of the development
from Overland with more windows and no loading area. Because the retail shops are recessed
from the Zamzow's store front this would also create a more open view of the site from
Overland for surveillance purposes, as requested by the Police Department.
The detailed site plan and building elevations submitted with any CUP andlor CZC application
for this site shall substantially comply with the conceptual site plan and building elevations
submitted to the City as shown in Exhibit A of this staff report, and with the requirements of the
subject Development Agreement, and with any revisions that the Police Department, Planning
Department and/or City Council may have, as noted above.
Existing Structures and Uses: There are currently residential homes on this property that will be
removed upon development of the site.
Access: The conceptual development plan submitted with this application shows a driveway
access to S. Jade Avenue, a local street. The proposed driveway is located on the east property
boundary, approximately 105 feet north of the south property line. Additionally, a driveway stub
to the west is proposed for future connection to the planned Silverstone Avenue, along the west
property boundary. No access points to Overland Road are proposed or approved with this
application. Staff is supportive of the general location of the proposed access points to this site.
However, Planning Staff can Dot guarantee that the proposed access points will be granted
by ACHD in the location shown on the plan. ACBD will review the proposed access points
to the site upon submittal of a development application.
Hours of Operation: The applicant stated in the application that the hours of operation for the
businesses on this site will be from 8 am to 8 pm, seven days a week.
Landscaping: East Overland Road is classified as an arterial roadway and an entryway corridor
into the City; as such, a 35-foot wide landscape buffer is required along Overland. South Jade
Avenue is classified as a local street; as such, a lO-foot wide landscape buffer is required along
Jade. There are existing residential uses to the north and east of the site; a 25-foot wide landscape
buffer is required between C-G zoned property and residential uses (UDC Table 11-2B-3). All
Zarnzows Overland AZ-07-008 & DES-07-004
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CITY Of MERIDIAN PLANNING DEP ARlMENT STAfF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
landscape buffers will be required by the City with future CUP/CZC approval and shall be
installed prior to issuance of Certificate of Occupancy.
Multi-Use Pathway: The proposed pathway network plan shows a portion of the City's multi-
use pathway running along the southwest corner of this site. A 10-foot wide multi-use pathway
will most likely be required on this property, with the exact location to be determined with
the approval of the Pathways Master Plan.
Floodplain: A portion of this site along the north and northeast property boundaries is located
within the floodway. A large portion of the north half of this site is also located within the 100-
year and SOO-year floodplains, in flood zones AE and XS, respectively. The proposed building
location is outside of this area. Any work or improvement within the floodway or floodplain on
this property shall ftle a floodplain development application with the City of Meridian Public
Works Department prior to commencement of the work.
Parking: For commercial uses, off-street parking stalls are currently required at the rate of one
space per 500 square feet of gross floor area (UDC 11-3C-6B). Parking on the site will be
reviewed for compliance with UDC standards at the time of CUP/CZC approval. Also, no linear
grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island
per UDC 11-3B-8C. Staff has reviewed the parking, drive aisles, and planter islands shown on the
conceptual site plan and they appear to meet the aforementioned UDC requirements.
Development Agreement: UDC 11-SB-3D2 provides the Planning & Zoning Commission and
City Council the authority to require a property owner to enter into a Development Agreement
with the City of Meridian that may require some written commitment for all future uses. Due to
the proposed use and the adjacent residential uses, 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. If the Conunission or
Council feel additional development agreement requirements are necessary, Staff recommends a
clear outline of the conunitments of the developer being required.
A Development Agreement (DA) will be required as part of an annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. The
Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within six months of Council
approval to initiate this process. The DA shall include, at minimum, the following:
. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
. The site shall comply with all of the design standards listed in UDC 11~3A-19C,
including the following: A continuous internal pedestrian walkway that is a minimum
of eight feet in width shall be provided to the main building entrance from the
perimeter sidewalk along Overland Road, J ade Avenue, and from the west property
boundary for future connection to the planned sidewalk and street (Silverstone
Avenue) adjacent to the west property boundary. Further, the required walkway to
Jade Avenue should be distinguished from the vehicular driving surface through the
use of pavers, colored or scored concrete, or bricks.
. The applicant shall be responsible to obtain a Certificate of Zoning Compliance
(CZC) pennit from the Planning Department for all new construction on the subject
property.
. The detailed site plan and building elevations submitted with any CUP and/or CZC
application for this site shall substantially comply with the conceptual site plan and
building elevations submitted to the City as shown in Exhibit A of this staff report
and with the requirements of the subject Development Agreement.
Zamzows Overland AZ-07-008 & DES-07-004
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
· The applicant shall be responsible for all costs associated with sewer and water
service installation.
· Direct access to this site from Overland Road shall be prohibited. Access to the site
shall be provided from Jade Avenue and a driveway access to the west property line
for future connection to the planned Silverstone Avenue shall be provided as shown
on the conceptual development plan submitted with this application.
· A minimum 35-foot wide landscape buffer will be required and shall be constructed
along the entire frontage of E. Overland Road in accordance with ODC 11-3B-7,
when a CUP and/or CZC is reviewed and approved in the future.
· A minimum 10-foot wide landscape buffer will be required and shall be constructed
along the entire frontage of S. Jade Avenue in accordance with ODC 11-3B-7, when
a CUP and/or CZC is reviewed and approved in the future.
· A minimum 25-foot wide landscape buffer shall be constructed adjacent to any
existing residential uses which abut this site in accordance with UDC 11-3B-9, when
a CUP and/or CZC is reviewed and approved in the future.
· At the time of CUP and/or CZC approval, a lO-foot wide multi-use pathway will be
required on this property, subject to adoption of the Pathways Master Plan.
· Sidewalks shall be constructed along E. Overland Road and S. Jade Avenue.
· Any work or improvement within the floodway or flOOdplain on this property shall
ftle a floodplain development application with the City of Meridian Public Works
Department prior to commencement of the work.
· The applicant shall complete all required improvements prior to obtaining a
Certificate of Occupancy for any new use or change in use of the site.
DES Application: Because the subject property is located adjacent to an entryway corridor, all
structures proposed for the site are subject to the design standards listed in UDC 11-3A-19C, as
follows (staff analysis in italics):
1. Architectural Character:
a. Facades: Facades visible from a public street shall incorporate modulations in the
fa9ade, roof line recesses and proj ections along a minimum of twenty percent (20%)
of the length of the facade. The fQ(;ade visible from Overland Road has modulations
in the fafade, roof line recesses, and projections that meet this requirement (38%).
The fafade visible from Jade Avenue has modulations in the parapet that comply with
this requirement (37% modulation in height).
b. Primary public entrance(s): The primary building entrance(s) shall be clearly
defmed by the architectural design of the building. Windows, awnings, or arcades
shall total a minimum of thirty percent (30%) of the facade length facing a public
street. The primary building entrance for Zamzow's is defined by a tower (silo)
element facing the parking area. The building entrances for the tenant spaces are
defined by an awning over each of the entrances. The windows and awnings shown
on the south elevation (Overland exposure) and the east elevation (Jade exposure)
exceed the required 30% ofthefafade.
c. Roof lines: Roof design shall demonstrate two or more of the following: a)
overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying
parapet heights; and e) cornices. The proposed roof design incorporates 2 roof
Zamzows Overland AZ-07-o08 & DES-07-004
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
planes, two parapet heights, and a 2-foot tall cornice created by different size, color
and finish of block, which complies with this requirement.
d. Pattern variations: At least two (2) changes in one (1) or a combination of the
following shall be incorporated into the building design: color, texture and! materials.
The building design incorporates integral colored eMU (concrete masonry unit),
glass, steel and corrugated metal. The main walls of the building are constructed of
smooth face, split face, and ground face block in 8, 10, and 12 inch sizes with four
difference colors, which complies with this requirement.
e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall
be screened to the height of the unit as viewed from the property line. All mechanical
equipment will be screened by the parapet as required.
2. Color and materials: Exterior building walls shall demonstrate the appearance of high-
quality materials of stone, brick, wood or other native materials. Acceptable materials
include tinted or textured masonry block, textured architectural coated concrete panels,
tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-
faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited
except as accent materials. The building is proposed to be constructed primarily of
integral eMU with various finishes and textures, with steel and corrugated metal as
accent materials, which complies with this requirement.
3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the
structure shall be located between the front fa~ade of the structure and abutting streets,
unless the principal building(s) andlor parking is/are screened from view by other
structures, landscaping and/or berms. None of the off-street parking is located between
the front fa9ade of the structure and abutting streets, which complies with this
requirement.
4. Pedestrian walkways:
a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in
width shall be provided from the perimeter sidewalk to the main building entrance.
The walkway width shall be maintained clear of any outdoor sale displays, vending
machines, or temporary structures. An 8-100t wide walkway is proposed from the
main building entrances to the sidewalk along Jade Avenue. Additionally, a walkway
that meets the above stated requirements should be pro'Vided to the sidewalk along
O'Verland Road and the future sidewalk along the road planned adjacent to the
west property boundary (Silverstone Avenue).
b. The internal pedestrian walkway shall be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks. The internal
pedestrian walkway that is required to the west property line and Overland Road do
not cross any driveways. The required walkway to Jade Avenue should be .
distinguished from the vehicular driving surface as stated above.
c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that
is greater than one~hWldred fIfty (150) parking spaces or two hundred feet (200')
away from the main building entrance. Less than 150 parking spaces are provided on
this site and all parking spaces are within 200 feet of the building entrances. This
requirement is not applicable to this site.
d. The walkways shall have weather protection (including but not limited to an awning
or arcade) within: twenty feet (20') of all customer entrances. The elevations show an
awning over the entrances of all of the tenant spaces and a silo design feature over
the entrance to Zamzow's, which complies with this requirement.
Zamzows Overland AZ-07-008 & DES-07-004
Page 1 ]
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 26, 2007
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC)
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 11-5B-1A). To ensure that all of the requirements of the
Development Agreement as listed in Exhibit B are complied with, the Applicant will be required
to obtain CZC approval from the Planning Department prior to building/parking lot construction,
and all improvements must be installed prior to occupancy.
b. Staff Recommendation: Staff recommends approval of the subject application AZ-07-008
(and DES-07-004) with the Development Agreement provisions listed in the in Exhibit B of
the Staff Report for the hearing date of May 17, 2007. The Meridian 'laoninl!: & Zooin!!
Commission heard this item on Mav 17. 2007. At the DubUc heariol!: thev moved to
recommend approval of the sublect AZ (and DES) reauest. The Meridian City Council
heard this item on .June 26. 2007. At the DubHc hearing they SlDDroved the subiect AZ (and
DES) reouest.
11. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Conceptual Development Plan (dated: 5/4/07)
3. Conceptual Building Elevations (dated: 5/4/07)
B. Agency and Department Comments
C. Legal Description
D. Required Findings from Unified Development Code
Zamzows Overland AZ-07-008 & DES.07-004
Page 12
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
A Drawings
1. Vicinity/Zoning Map
Exhibit A
Page 1
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR TIlE HEARJNG DATE OF JUNE 26, 2007
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