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Locust Grove Professional Office AZ 07-004ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 37 BO(SE IDAHO 09/10/07 12:23 PM DEPUTY Vicki Allen III IIIIIIII'I'IIIII'I'III'IIIII III'll RECORDED-REQUEST OF 1071~~900 City of Meridian DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Specialty Contracting, Owner/Developer THIS DEVELOPM NT A REEMENT (this Agreement), is made and entered into this ~0~" day of . , 2007, by and between City of Meridian, a municipal corporation of t State of Idaho, hereafter called CITY, and Specialty Contracting, whose address 2525 Stokesberry Place, Suite A, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. 1, RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of (L-O) Limited Office, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT PAGE 1 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE 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 19`h day of June, 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 toenter 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 of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT PAGE 2 OF I 1 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE 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 Specialty Contracting, whose address 2525 Stokesberry Place, Suite A, Meridian, Idaho 83642, the parties that own said Property and shall include any subsequent owner(s) and 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 L-O (Limited Office 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: Personal and professional services offices and clinics in an office building totaling 21,000 square feet in the proposed L-O zone on 2.48 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-004 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. Developer and/or Owner shall develop the Property in accordance with the following special conditions: 1. That development of this property shall conform to the concept plan DEVELOPMENT AGREEMENT PAGE 3 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE prepared by The Land Group, Inc., dated February 9, 2007, labeled Sheet A1.1, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. 2. That no alterations, expansions, reconstructions orother enlargements to the existing single-family structure will be permitted. 3. That prior to submittal for Certificate of Zoning Compliance, the existing home shall be removed and all wells and septic systems abandoned. 4. That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without a Certificate of Zoning Compliance (CZC). 5. That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. 6. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 7. That the following shall be the only allowed uses on this property: Principally Permitted uses within the L-O zone. 8. That the hours of operation shall be limited to 6 a.m. to 10 p.m. 9. That one office-type building may be constructed on this site. 10. That the future office building shall have a maximum size of approximately 21,000 square feet, and be restricted to a height of 35 feet. 11. That Staff has reviewed a design review application for the future building on this site. That said future office building shall provide: variations in roof lines and either eaves, a sloped roof, parapets, and / or cornices; a form of awning over all building entrances; at least 30% of the street-facing facades to contain windows; and at least two different types of siding and accent materials. The structure shall be generally compatible in appearance and bulk with the provisions listed above and the elevations submitted, prepared by Ruby I Edwards: Architecture + Design, dated Apri120, 2007, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. 12. That a 25-foot wide landscape street buffer will be constructed adjacent to Overland Road, and Locust Grove Road, located entirely outside of the DEVELOPMENT AGREEMENT PAGE 4 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE right-of-way. That alternative compliance has been granted for construction of a concrete landing, retaining walls, and two stairways within the required street landscape buffers. And, that said landscape buffers shall be installed prior to receipt of occupancy of the office building. 13. That a 20-foot wide land use buffer and 6-foot tall, vinyl perimeter fencing, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers and fencing shall be installed prior to receipt of occupancy of the office building. 14. That the Applicant installs either bollards or cement posts in the southwest corner of the lot parallel with the entrance to the site in a manner that shall prevent any runaway vehicle on the entryway slope from penetrating the property line to adjacent property. 15. That vehicular access to this site shall be restricted to one driveway to Locust Grove Road, as approved by ACHD; no vehicular access to Overland Road is approved. 16. That the Applicant installs any and all sewer mains, water mains, and/or fire hydrants that are deemed necessary during construction plan review. This may include water connections in both Overland and Locust Grove Roads. 17. That the Applicant provides easements for all required sewer and water mains that are not located within the right-of--way. 18. That the Applicant files a floodplain development application with the City of Meridian Public Works Department prior to commencement of work or improvement within the floodway or floodplain on this property. 19. That the Applicant pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 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 Owner/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consent upon default to the reversal of the DEVELOPMENT AGREEMENT PAGE 5 OF I 1 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE 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/Developerfafls 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/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer 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 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 of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT PAGE 6 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by the 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. I In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as maybe 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 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 Owner/Developer agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer have 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 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 DEVELOPMENT AGREEMENT PAGE 7 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE 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: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER/DEVELOPER: Specialty Contracting 2525 Stokesberry Place, Suite A Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall 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 DEVELOPMENT AGREEMENT PAGE 8 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE 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 have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between 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/Developerand City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT PAGE 9 OF 1 I AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: SPECIALTY CONTRACTING CITY OF MERIDIAN /~ By: MAYOR T Y de WEERD Ap~vP~ i i i r ~ EQuncil /' ~" 0 . ,~ ,~ Attest: , ~ ~~ TF~ ' ,cam= - S~~L °. _ CITY CLERK , 7,/~ r ~ ~.~ ,` ~f~ ~ g ~,,~~. /~ i T ~ L1i //////~~~~~N 1 t f 111 N t1 \\\A~tk~y DEVELOPMENT AGREEMENT PAGE 10 OF I 1 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE STATE OF IDAHO, ) ss County of Ada, ) On this ~~ day of 'I' 2007, before me, the un ersigned, a Notary Public in and r said State, personally appeared ~f I~-~ ~0..-~ known or identified to me to be the r of Specialty Contracting and acknowledged to me that they executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~ (SEAL) ~AELISSA CFIAP~AAN Notary PubNc btole of klalto STATE OF IDAHO ) ss County of Ada ) On this ~ day of cSCO~]~.~ , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, 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 first above written. ~4'g,A M G~'•~ ~O T~~ ~~~ (SEAL) ~ ~` ~;~' ~ Notary Public for Idaho ~ Residing at: ~, -Cj l 1~Y l 1 ~ ~D ~'., ,,~~.._' ,' ; Commission expires: 'i 1--1 ~ ~~'~BI.IC.-'qq DEVELOPMEN7~ET~• PAGE 11 OF 11 AZ 07-004 LOCUST ~IZ61%E PROFESSIONAL OFFICE My Commission Expires: ~ O ~ A. Legal Description 't't~OTHMA~-URTQN luiwTGlNi1VG COINPANY ciir~sv~.~~>nv~aes,.su~tvE~a~,~.,~rm F~:arirraRs !3777 CHINI7EiJ:80UlEYARD BOISE .1 DJtHO'B 3Y'1 !4=~(ld8 ~708~323-2dB8.; ~ fA~C 20&~?3 239' biiese@rteic~nprtv:<xarn PRQ:IE~T NCi; Q7U27 37AT'~::Febraary 1.5, ~~{!7 P.ACiF.,: I Qf 1 EX~i>•BIT'~A:' )~E~CI-1*iE DFSc;R11~T~Ci1+i A lOrtion Uf the Northeast' Qi~1ar[sx a.£tlie Northeasf `{~vlarter af' Section 1'~I, Tnwnship 3: North,. Range l bast, Baisc`Maridi~tt, Clt~ n€lvleiidtari,~Ada County, Idaho; described as<fglltivrs: ~~~~I~tC at:the corner comman'tc Sections I~,1S, :19 a~i 2Q, T'~wnship~~ Ni~rtti Range 1 East,:$oise Nieridiar~, fromwIuch the t~luarter corner Cpr[imon to:said 5ecticins l~ and 1-9 bears: 5.89°43'43"'~ , 2G49.17 f'e;et; Thence; along th+~ easterly lire s~f'~aid Se.~lion 19; 1, S.f3Q°34'~~"Vt!~, 48$..44 fs~et thence., al~rrig`#.he noittitrly line of f.;o#~ 56 anci 57~ flock ~. a#` SportsFnan Pdinte Subdivigi©n 1V'4.5 andt~e easterly prator~gation tliereal; 3. N;~9°2~'3~"W'., t48:~Sfeet; thence, Tong;the easterly line;'ol`:saaci .~poris~raa Pa~inte SulxlvisiuirN. ©. 5'.and the ptolongntl4tt fhol', 3. "N:lb~°I4'34"yt!:, ~05.4~ frettci the:nvrtllerIy lines~f.§sid Sccti.+~zi i9;. thence, alon~:said. rtorfherty line, ~: I~r:'8h°43'43"E., 295:81 f~etfa tl~e~l'Oitl'~iT t7-F~)~Cr1NN~]~T~G. C01~1'l`AI'VTC+1G 2.4$ acres; rncrre ar less: ltef~ereii~ is iiriide to E~FiIBIT `'I3"-Rezone 5ltetch Fian,w~ich is.made.a ofthis document. TH1S CyE~ItiPTtC~iN 1iVAS PRE~AREC1`E1kE1M..I?~tFQR3NATI+DN GO1V'CAINtJt3 LN ENS'1'R[.IMFNf PfU:S k02QS9223:AND lOZE19339$, ~~. BY ~~~ i .~ ,: :.i~,, r BOMBE ^ COEtiR ~l'rtT.P.t~ ~ CAI,DWELL Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER F C Y1V CaF ~. ~~W err~t~t v 1 JLj.\HU ~t~ ,yl` .x~" }~ In the Matter of the Request for Annexation and Zoning of 2.48 Acres from RUT to L-O, by Ruby ~ Edwards: Architecture + Design Case No(s). AZ-07-004, ALT-07-OOS, & DES-07-002 For the City Council Hearing Date of: June 5, 2007 (Findings on the June 19, 2007, City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 5, 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. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Developxent 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-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-004, ALT-07-005, & DES-07-002 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 the provisions of the Development Agreement contained in the attached Staff Report for the hearing date of June 5, 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-SA, and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1: The applicant's request for annexation and zoning, as evidenced by having submitted the legal description and exhibit map stamped and dated February 13, 2007 by Jeffrey H. McAllister, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject rezone and shall include the provisions noted in the attached Staff Report for the hearing date of June 5, 2007, incorporated by reference; and 3. That the Applicant installs either bollards or cement posts in the southwest corner of the lot parallel with the entrance to the site. D. Attached: Staff Report far the hearing date of June 5, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-004, ALT-07-005, & DES-07-002 By action of the City Council at its regular meeting held on the ~ ~~ day of ~ /yam , 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED ~ J~~' COUNCIL MEMBER JOE BORTON VOTED_ ~~,1~- COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ '~~ COUNCIL MEMBER KEITH BIRD VOTED__~~ TIE BREAKER ~ ~~ r.., MAYOR TAMMY de WEERD VOTED MAYOR ATTEST: "~~ ,\ ~, w t S~. LLIAM G. BERG, JR., TTY CLERK > %'~j,T f %/'`' Copy served upon: ~ Applicant '''~~,,,~~ Planning Department ~~yIY de WEERD ,. , ~~ '~~ x~ Fd ~.L - ,~'~ ~' ~~ ' ~ w~ *~ a~ .~ ~blic Works Department ,/ City Attorney B Dated: {.p-ZlQ YQ~1 City Clerk's Office C1TY OF MERIDIAN FINDINGS OF FACT, CONCLU510NS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-004, ALT-07-005, & DES-07-002 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATE OF TUNE 5, 2007 STAFF REPORT Hearing Date: June 5, 2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Locust Grove Professional Office • AZ-07-004 ~~~~~ y C~~err~i~n- r ~~~ ti ia.~-+o r .~ Annexation and Zoning of 2.48 acres from RUT (Ada County) to L-O (Limited Office District), by Ruby ~ Edwards: Architecture + Design • ALT-07-005 Alternative Compliance for hardscape within the required arterial street landscape buffers • DES-07-002 Design Review for an office building totaligg 21,000 square feet within the L-O zone 1. Si]NIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Ruby ~ Edwards: Architecture + Design, has requested Annexation and Zoning (AZ) approval of 2.48 acres from RUT (Ada County) to L-O (Limited Office District). Staff also required application for Design Review for the proposed office building, and alternative compliance to the City's landscaping requirements. The subject property is located on the southwest corner of Overland Road and Locust Grove Road in Section 19, Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Number 51119110026. The property is within the City's Area of Impact and Urban Service Planning Area. Approval of the subject AZ application would allow the Applicant to obtain an office zone. According to current City Code, personal and professional services (offices) and clinics are principally permitted uses in the proposed L-O zone (UDC Table 11-2B-2). The Applicant has not submitted a subdivision or certificate of zoning compliance application at this time. However, the Applicant has submitted a concept plan for haw the subject property may develop, and elevations for what the future building will look like. Staff has reviewed both the concept plan and the elevations and has included DA provisions in the staff report related to all of the submitted applications (AZ, ALT and DES). On the submitted conceptual plan, the Applicant has depicted one access to Locust Grove Road. The driveway is located near the south property line, approximately 440 feet south of the Overland /Locust Grove intersection. Because the Applicant has not submitted a subdivision or CZC application at this time, ACRD has not reviewed or approved access to this property yet (to be reviewed with CZC application in the future). The Applicant is proposing to make site improvements (landscaping, pathways, etc.) at the time of submittal for a Certificate of Zoning Compliance (CZC). At that time, Planning Staff will require site improvements in accordance with the Unified Development Code, including but not limited to, parking and landscaping. Staff has reviewed, as part of ALT-07-005, the proposed landscaping at the corner of Locust Grove Professional Office - AZ-07-004, ALT-07-005, & ADR-07-002 PaSe I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Overland and Locust Grove Roads. 2. SUMMARY RECOMMENDATION The subject Annexation and Zoning application was submitted to the Planning Department for review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the Council on Annexation and Zoning applications. Any comments related to the Annexation and Zoning application (AZ-07-004) will be included in the Commission's recommendation to the Council. The Commission must make a formal recommendation to the Council on the amexation application. Although it is not on the agenda as a public hearing item, the Commiccion may also review and make recommendations regarding the alternative compliance and design review applications, as these applications are key to the proposed development. Staff is recommending approval of the Locust Grove Professional Office application (AZ-07-004, ALT-07-005, & DES-07-002) with a Development Agreement for the project. The Meridian Planning and Zoning Commission heard this project on May 3, 2007. At the public hearing, they moved to recommend aAUroval to the City Council. a. Summary of Public Hearing: i. in favor Wes Edwazds (Applicant's Representative)• Charles Eldridge (Developer) ii. In opposition: None iii. Commenting• Mike Ball !President,, Sportsman's .Pointe HOA)• Gene Dertell ,(Neighbor); Mike Bussert (Neighbor) iv. Written testimony: None v. Staffpresenting application: Amanda Hess vi. Other Staff commenting on application: Caleb Hood b. Kev Issues of Discussion by Commission: i. The all wed uses within the L•O zone and compatibility of those uses with the adjacent residential subdivision; ii. The hours of operation; iii. The grading of the Qroperty so as n t to impact the adjacent residential subdivision; and iv. The provision of additional landsca~ina to buffer the adiacent residential subdivision from the proposed office building c. Kev Commission Chances to Staff Recommendation: i. That the hours of operation for the site be from 6.00 a m. to 10:00 p.m.; and ii. That six-foot tall vinyl perimeter fencing be installed along the west and south property lines. d. Outstanding Issue(s) for City Council: i. Resident concerns re arg dins comQatibility of elevations/heiaht with homes to the west a. i. II1 avor Wes Edwards (Applicant's Renresentativel• Charles Eldridge (lleveloperl ii. In onnosition:_NNQnne iii. Commenting: Mike Ba 1~(Presi, dent. Snortsm~n's Pointe HOA): Gene Dertell (Neighbor) iv. Written testimon one v. Staff presenting application: Anna Canning vi. Other Staff commentin og n application: None b. Kev Issues of Discussio by Caunc l: i. The significant difference in gdm' g from the east nro~,t,~ty line (on Overland Road) to the west property.l~~and ii. Away t~ safegtiazd the adiacent nronerties from vehicles ..,from accidentally driving throug i the property and into a Sportsman's Pointe homeowner's backvazd Locust Grove Professional Office _ AZ-07-004, ALT-07-005, & ADR-07-002 PaSe 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 C. 1. l nara]I~LWith he entrance to the site. 3. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ-07- 004 (and ALT-07-005 8c DES-07-002 optional) as presented in the staff report for the hearing date of June 5, 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-07-004 (and ALT-07-005 & DES-07-002 optional) as presented~during the public hearing on June 5, 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- 004 (and ALT-07-005 & DES-07-002 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: 1695 S. Locust Grove Road SWC of Overland Road and Locust Grove Road Section 19, Township 3 North, Range 1 East b. Property Owner of Record: Specialty Contracting 2525 Stokesberry Place, Suite A Meridian, ID 83642 c. Applicant: Ruby ~ Edwards: Architecture + Design 615 W. Hays Street Boise, ID 83702 d. Representative: Wescott Edwards, Ruby ~ Edwards: Architecture + Design e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: Annexation of 2.48 acres from RUT to L-O h. Applicant's Statement /Justification: The application is to construct atwo-story 21,000 square- foot office building. The building will be designed to accommodate professional offices and / or medical offices. Access to the site will be from Locust Grove Road. Parking will exceed that required by the UDC. All required landscaping will comply with the UDC. (Please see Applicant's submittal letters for more information) 5. PROCESS FACTS Locust Grove Professional Office - AZ-07-004, ALT-07-005, & ADR-07-002 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF TUNE 5, 2007 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 requires before the City Council on this matter. b. Newspaper notifications published on: April 16, 2007, & Apri130, 2007 (Planning & Zoning Commission) May 14.2007, 8c May 28.2007 (City Council) c. Radius notices mailed to properties within 300 feet on: Apri15, 2007 (Planning & Zoning Commission) May 11, 2007 (City Council) d. Applicant posted notice on site by: Apri123, 2007 (Planning & Zoning Commission) ~ + Mav 26.2007 (City Council) 6. LAND USE a. Existing Land Use(s): There is an existing home and outbuildings on the subject site. b. Description of Character of Surrounding Area: A highly-traffcl~ed intersection with commercial /office development proposed at all corners. c. Adjacent Land Use and Zoning: North: Maverick store, zoned C-C South: Residential (Sportsman's Pointe Subdivision), zoned R-4 East: Vacant land, zoned C-N West: Residential (Sportsman's Pointe Subdivision), zoned R~ d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is sewer stub off of E Overland Road and an existing sewer service off of E. Peacock Street Location of water: There is currently a water service stubbed off of E. Overland Road Issues or concerns: None 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 the site at the west property line is located within the 500-year floodplain. 4. Canals/Ditches/Irrigation: N/A 5. Hazards: Vehicular access to this site -This site has frontage on Overland Road and Locust Grove Road. 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 on-site will be approved by ACHD Staff. Planning Staff is not aware of any other potential hazards on this site. 6. Proposed Zoning: L-O Lgcust Grove Professional Office - AZ-07-004, ALT-07-005, & ADR-07-002 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DATE OF JUNE 5, 2007 7. Size of Property: 2.48 acres f. Summary of Proposed Streets and/or Access: Although no development is proposed at this time, the submitted Concept Map shows a driveway access to Locust Grove located near the south boundary (located approximately 380 feet south of Overland Road). Staff is supportive of the general location of this driveway as it appears to be the best location for access. However, Staff believes that Overland /Locust Grove will likely become an even more intense intersection once the Locust Grove overpass is complete. A full access in such close proximity to said intersection may create a traffic hazard. Therefore, Planning Staff can not guarantee that a full access can or will be granted by ACHD for the subject site. g. Landscaping: 1. Width of street buffer(s): Per City Code (CJDC Table 11-2B-3), a 2S-foot wide landscape street buffer is required adjacent to Overland Road and Locust Grove Road, both arterial roadways. 2. Width of buffer(s) between land uses: Per City Code ([JDC Table 11-2B-3) a 20-foot wide landscape buffer is required between L-O zoned properties and residential uses/zones. There are residential uses to the south and west of this site. 7. COMMENTS MEETIlVG On April 13, 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 informational purposes only. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Office." The purpose of a medium density residential designation is to provide opportundties for low-impact business. Uses may include offices, technology and resource centers, and ancillary commercial uses. (See 2002 City of Meridian Comprehensive Plan, page 106) Staff finds the following Goals, Objectives, and Actian items contained in the 2002 Comprehensive Plan to be applicable to this application (Staj)`'analysis is in italics below policy): • Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." On the submitted conceptual plan, the Applicant is propasing a single access to Locust Grove Road, approximately 380 feet south of Overland Road. ACRD has not yet reviewed or approved access to the site. City Staff is supportive of limiting vehicular access to this site to one point, as allowed by AChID. • Chapter VIl, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Overland Road and Locust Grove Road are designated arterial streets. By City Ordinance, 25- foot wide landscape buffers are required adjacent to Overland Road and Locust Grove Road. Landscape buffers along Overland and Locust Grove Roads will be required by the City at the time ofprocurement of Certificate(s) of Zoning Compliance. • Chapter V, Goal III, Objective D, Action S - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application. In order to construct buildings on this site the Applicant will be required to construct internal and perimeter landscaping at the time of procurement of Certificate(s) of Zoning Locust Grove Professional Office - AZ-07-004, ALT-07-005, & ADR-07-002 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Compliance. Additionally, the Applicant must obtain Certificate(s) of Zoning Compliance prior to submittal for building permit(s). Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." This property is contiguous to the Ciry and sanitary sewer and water are readily available. • Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." Staff believes that the proposed zone, which allows office uses, does contribute to the variety of uses in this area which include: a church, single family homes, multi family apartments, and retail stores. Staff finds that the proposed zoning to L-D 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 office uses. 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 L-O zoning district. Personal and Professional Services aze listed as principally permitted uses in the L-O 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. ANALYSTS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Approval of the subject annexation application would allow the Applicant to obtain an office zone. According to current City Code, professional offices and clinics aze principally permitted in the proposed L-O zone. The Applicant has submitted conceptual site and landscape plans showing how this site will redevelop, with a single office building, parking, and landscaping. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan with the Ordinance for L-O zoning, Staff believes that the zoning of this site to L-O 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 February 15, 2007, by Jeffrey H. McAllister, RLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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 Commission or Council feel additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. Locust Grove Professional Office - AZ-07-004, ALT-07-005, & ADR-07-002 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF .ICJNE 5, 2007 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 incorporate the provisions listed in Exhibit B of the Staff Report. Concept Plan: Staff is generally supportive of the submitted conceptual site plan for this property. However, as the plan is conceptual, Staff is unable to gauge whether the site dimensions as shown on the plan will fully comply with the UDC. The Applicant should be aware that all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height, and building setbacks for this development should comply with the applicable provisions set forth in the Unified Development Code. Staff will provide a detailed review with the Certificate of Zoning Compliance application. The Applicant should be required to develop this site in general conformance with the submitted concept plan, prepared by Ruby ~ Edwards: Architecture + Design, dated February 9, 2007. Access: Vehicular access to this property proposes a challenge. This property has approximately 220 feet of frontage on Overland Road and 415 feet of frontage on Locust Grove Road. ACHD policy requires right-in /right-out driveways located on arterial roadways to be consti`ucted a minimum of 220 feet from a stop controlled intersection; 440 feet is required for a full access driveway. The property clearly does not have enough frontage on either street to meet the District's policy for full access. Additionally, there is an existing roadway, Peacock Street, located approximately 150 feet south of the proposed driveway access that may create potential turning conflicts if afull-access driveway were to be located 380 feet south of Overland Road. Access to this site shall be limited to one driveway, in a location determined by ACHD. Parking: For professional offices, parking stalls are currently required at the rate of one space per 500 square feet of gross floor azea (UDC 11-3C-6B). For all office uses, parking stalls are currently required at the rate of one space per 500 square feet of gross floor area (LTDC 11-3C- 6B). Per this requirement, 42 stalls aze required. The proposed site plan depicts 58 parking stalls on this site, with designated handicap accessible stalls. This provision exceeds the City's minimum parking stall ratio. Staff believes that the site will have ample parking. Per UDC 11-3C-6G, one bicycle parking space shall be provided for every 25 vehicle parking spaces. The Applicant should provide a minimum 2-park bicycle rack on this site. Office Uses: Professional and sales offices, laboratories, health care services and medical clinics are some of the most common principally permitted uses within the requested L-O zone. Staff believes that these principally permitted uses are appropriate for this property. However, there are several retail and ancillary commercial uses that can occur in the L-O zone with conditional use permit approval. The properties at the remaining corners of Overland /Locust Grove are zoned for commercial uses. Staff is concerned that this property may also turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site to principally permitted uses in the L-O zone. This recommendation is intended to protect the residential neighbors to the south and west from more intense commercial uses (restaurants, laundromats, animal hospitals, etc.) that could potentially operate on this property with CUP approval. According to the UDC, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without a Certificate of Zoning Compliance (CZC) issued by the Administrator. A Certificate of Zoning Compliance shall be issued only in conformity with the provisions of this Title and shall be required before the issuance of a building permit. Prior to construction of any building on this site, a Certificate of Zoning Compliance permit should be obtained. Upon annexation and zoning of the property to L-O, the existing residence will become a legal non-conforming use. The Applicant, Commission, and Council should be aware that no Locust Grove Professional Office - AZ-07-004, ALT-07-005, & ADR-07-002 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE 5, 2007 alterations, expansions, reconstructions, or other enlargements to the structure will be permitted. Hours of Operation: In the Applicant's submittal letter, the Applicant addresses the hours of operation for the proposed development. The Applicant proposes the hours of 7 a.m. to 6 p.m. Therefore, Staff is recommending that the hours of operation for businesses on this site be limited through a Development Agreement from 7 am to 6 pm. Landscaping: Overland Road and Locust Grove Road are classified as arterial roadways. Twenty-five feet of landscape buffer is currently required adjacent to arterial roadways (LTDC Table 11-2B-3). As detailed in the Alternative Compliance section below, the Applicant is proposing a landing within a portion of the required street buffers. Landscape buffers along Overland Road and Locust Grove Road will be required by the City with future CZC approval. Additionally, if the subject annexation and zoning application is approved, the property will then be adjacent to residential properties, zoned R-4, within the City of Meridian. To mitigate the existing land uses to the south and west from the future office uses on this site, 20-foot wide landscape buffers along the perimeter should be installed prior to receipt of a Certificate of Occupancy for the proposed building. (See UDC Table 11-2B-3) Alternative Compliance: UDC 11-2B-3A-1 requires a 25-foot wide landscape buffers along arterials. UDC 11-3B-7 prohibits impervious surfaces within landscape street buffers. Due to size unusual shape of the subject property and topographical constraints, the Applicant states that strict adherence to the 25-foot landscape buffer requirement on arterials is not feasible. Additionally, the Applicant maintains that the alternative compliance provides a superior means for meeting the landscaping requirements. The Applicant has submitted an application for alternative compliance approval to construct a landing at the corner of the Overland /Locust Grove intersection, retaining walls, and two stairways which lead a public plaza, are all to be located within the required arterial buffers. The Applicant states that the landing /stairways /plaza will add to the appeal of the corner lot, will be more conducive to the design of the site, and friendlier to the public. Staff is supportive of the proposed concept landscape plan, including the alternative compliance proposal, as depicter in Exhibit A. Staff believes that the subject property does have topographical /shape restraints which warrant alternative means to compliance with the landscaping requirements of the UDC. Significant excavation /grading will be necessary to facilitate the construction of the proposed office building on the site. Staff believes the conceptual landscape plan incorporates innovative design such as a water feature, and will provide visual interest for the traveling public. Further, Staff believes the plaza will be an appealing gathering area for future employees on-site. Staff, the Commission, and Council shall make the following determinations in order to grant approval for Alternative Compliance: a. Strict adherence to application of the requirements is not feasible; OR b. The alternative compliance provides an equal or superior means for meeting the requirements; and c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff believes that the alternative landscaping proposal does provide a superior means in which to meet the intended purposes of the landscaping regulations. Please see Exhibit B for detailed conditions of approval and Exhibit D for the Alternative Compliance findings. Design Review Standards (LTDC 11-3A-19): Staff finds that the subject site generally complies with the standazds for office structures greater than 10,000 squaze feet within thc L-O district. Please see Exhibit B for detailed Conditions of Approval. Locust Grove Professional Office - AZ-07-004, ALT-07-005, & ADR-07-002 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Y. Architectural Character: a. Facades -Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s) -The primary building entrance(s) shall be clearly defined 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. c. Roof lines -Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations - At least two changes in one or a combination of the following shall be incorporated into the building design: color, texture, and / or materials. 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. The proposed structure meets only one of the design requirements for roof lines listed in subsection c above. The Applicant shall provide eaves, a sloped roof, parapets, and / or cornices. Otherwise, Staff believes that the submitted elevations generally eomply with the aforementioned standards. 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, 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 Applicant proposes a combination of textured concrete block, with accents of corrugated metal. A portion of the building wiU have a stucco finish. The banding will be terra cotta-colored or other various earth tones. Additionally, the window frames will be bronze-colored. Please see the Applicant's narrative for more details regarding the building fagades. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front facade of the structure and abuttvng streets, unless the principal building(s) and / or parking is /are screened from view by other structures, landscaping and/or berms. 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. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet ($') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty of all customer entrances. As the subject site does not lie within an entryway corridor, and there is a significant grade change from the adjacent arterial streets to the building pad that makes an &foot wide walkway difficult, Staff does not believe the pedestrian walkway requirement of the design review standards should be applied here. Locust Grove Professional Office - AZ-07-004, ALT-07-005, & ADR-07-002 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNG 5, 2007 Staff believes the unusual shape and topographical constraints of the property restricts design of the property to accommodate rear parking. Additionally, the proposed building will shield the majority of the parking lot which will likely not be visible from Overland Road. Therefore, Staff does pot believe the parking lot requirement of the design review standards should be applied here, as well. The building elevations prepared by Ruby ~ Edwards: Architecture + Design, Sheet Number A3.1 and dated April 20, 2007, are supported by Staff, as they generally comply with most of the Design Review standards outlined in UDC 11-3A-191isted above (see roof line section). Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment 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-SB-lA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to building construction, and all improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of the subject application A~07-004 (and ALT-07-005 & ADR-07-002) with the Development Agreement provisions listed in the in Exhibit B of the Staff Report for the hearing date of May 3, 2007. The Meridian Planning and Zoning Commission heard this nroiect on May 3. 2007. At the public hearing. they moved to recommend aggroval to the City Council. The Meridian City Council heard these lteliL~, on JLe S; 2007. At the enbLic he 'ng thev approved the nbiect AZ. realest 11. EDITS A. Vicinity /Zoning Map, Site Photos, Concept Plan, Landscape Plan, and Elevations B. Agency and Department Comments C. Legal Description D. Required Findings from Unified Development Code Locust Grove Professional Office - AZ-07-004, ALT-07-005, & ADR-07-002 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 A. Vicinity /Zoning Map, Site Photos, Concept Plan, and Elevations Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 OVr R-~. kO robe~~s + d~s~ys, Pa. asw.~.~ ~., a+axa rh a~,o~rits ra ~ayA;rii~ rwww~ogreMlltl~w4au (,G] ~or+rRrmir ioo~ _.~._ ,~ ~,_ ~. ~~ y_, _.,r 1 ~ .~^ ~,: w .+ 1 • J~ y J,_r _ ...~ 1 1 i l 1 .... .~ 5 9 ~ '3S"E _ t:a~.~ ~' ~~ ~, ~~ PRELIMINARY FqT FOR C016TRIfCTION .~ ~k ..- _.. ...,.M.. •,~ . A1.1 ur aen~-w Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 5, 2007 I ~ x ~iwrw ~2 3' ~ ~i i } ~ t ~~~• ~~~. ,.. . ~/ F,- P)~~ ~: ~~ ~ ~~ 3~ ~ ~ i~~ !. ~~ ~~# ~ .f i.~~j ~'i ~~'~!s°s ~Ir,~~~~~~~ g~i ~: ,~.~~ j,~ f 1`~~ ' ~_ ~~~4 ~ !,' ~~~li~i!!i~t! i E ,. ,., ~ ` ~-~ ~i ~~ 1• ~ ~~~~ ~ ~~ ~: ~ ~ ~ ~`E~ ~ ~. ,, ~~. ~ ~il~ ~ c ~~~~ ~ t ~~ ~.~~r~~~~~ ~ ~ i l~~ ~ E ~~~ i~~ ~: ,~ Exhibit A Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARW G DATE OF JUNE 5, 2007 Exhibit A Page 5 Overland Elevation (North) Sportsman's Pointe Elevation (West) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 B. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description submitted with the application (stamped February 15, 2007, by Jeffrey H. McAllister, RLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has conf`umed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the tune of rezone ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of the City Council approval to initiate this process. The DA shall, at minimum, incorporate the following: • That development of this property shall conform to the concept plan prepared by The Land Group, Inc., dated February 9, 2007, labeled Sheet A1.1, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • That no alterations, expansions, reconstructions or other enlargements to the existing single- family structure will be permitted. • That prior to submittal for Certificate of Zoning Compliance, the existing home shall be removed and all wells and septic systems abandoned. • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without a Certificate of Zoning Compliance (CZC). • That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property ar the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That the following shall be the only allowed uses on this property: Principally Permitted uses within the L-O zone. • That the hours of operation shall be limited to ~a~-~ 6 a.m. to 10 p.m. • That one office-type building maybe constructed on this site. • That the future office building shall have a maximum size of approximately 21,000 square feet, and be restricted to a height of 35 feet. • That Staff has reviewed a design review application for the future building on this site. That said future office building shall provide: variations in roof lines and either eaves, a sloped roof, parapets, and / or cornices; a form of awning over all building entrances; at least 30% of the street-facing facades to contain windows; and at least two different types of siding and accent materials. The structure shall be generally compatible in appearance and bulk with the provisions listed above and the elevations submitted, prepared by Ruby ~ Edwards: Architecture + Design, dated April 20, 2007, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • That a 25-foot wide landscape street buffer will be constructed adjacent to Overland Road, and Locust Grove Road, located entirely outside of the right-of--way. That alternative compliance has been granted for construction of a concrete landing, retaining walls, and two stairways within the required street landscape buffers. And, that said landscape buffers shall be installed prior to receipt of occupancy of the office building. • That a 20-foot wide land use buffer and 6-foot tall, vinyl perimeter fencin~z, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers and fencinu shall be installed prior to receipt of occupancy of the office building. Exhibit B Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 • 'X'hat the Ann ica_nt installs either b llazds or cement posts in the southwest corner of the lot parallel with the entrance to the site. • That vehiculaz access to this site shall be restricted to one driveway to Locust Grove Road, as approved by ACHD; no vehicular access to Overland Road is approved. • That the Applicant installs any and all sewer mains, water mains, and/or fire hydrants that are deemed necessary during construction plan review. This may include water connections in both Overland and Locust Grove Roads. • That the Applicant provides easements for all required sewer and water mains that are not located within the right-of--way. • That the Applicant files a floodplain development application with the City of Meridian Public Works Department prior to commencement of work or improvement within the floodway or floodplain on this property. • That the Applicant pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 1.3 No signs are approved with the subject annexation approval. All business signs will require a separate sign permit incompliance with UDC 1 l -3D. 1.4 All future construction /uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 2. PUBLIC WORKS DEPARTMENT 2.1 The Applicant shall comply with all City of Meridian Public Works standards and procedures for development on this property. 3. MERIDIAN FiitE 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 %z" outlet face the main street or pazking 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 1FC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 For all Fire Lanes, provide signage "No Parking Fire Lane." 3.5 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of l3'6". 3.6 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. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE 5, 2007 response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from the building to the dumpster enclosure. 3.11 Provide a Knox box entry system for the complex prior to occupancy. 3.12 The first digit of the ApartmentlOffice Suite shall correspond to the floor level. 3.13 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). 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the Intemational Fire Code. 3.15 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.16 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.17 There shall be a fire hydrant within 100' of all Fire Department connections. 3.18 Buildings over 30' in height are required to have access roads in accordance with Appendix D, Section D105. 3.19 The fire department is opposed to any landscape island in the middle of a cul de sac that may prevent a fire truck from fuming around on the end of the court. 4. MERIDIAN POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 4.2 The Meridian Police Department has concerns about the limited visibility of the main entrance from a public street. 5. SANITARY SERVICES COMPANY 5.1 Waste enclosure access: The Applicant shall provide drive-on capability for 6 and S cubic yard containers. Allow a minimum of 60 $. frontal clearance for such containers. 5.2 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 6. MERIDIAN PARKS DEPARTMENT 6.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (iJDC 11-3B-10) will be followed. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE 5, 2007 C. Legal Description "CUOTHMAN-OIt1'ON F.l+~ZGi1VZ1~R1P1G COhtPAI~IY aoriet>z.Tnrc ~voaa>~ta,:~ciatv~.iroas ntwa r 9777 d~fINOEN B(7Ul.EYARD eors~,.ioi~+o sa7i~~ ~206.l23.129l1 ER1t.2tl4-323-2199 bnoe~loen~rcoo°m FROIECT N4' 07427 DA'Z'E: February 15, 2007 PAGE: 1 of 1 EXHI:BiT "A" REZONE DE.St^ItIPT10N A partiatt of the NorthQast Quarter of the Narthaast Qt,arter of Section 19. Tovmship 3 Nottb. Range 1 East, Boise Meridian, City of Meridian, Ada.Couaty, Idaho, dexcribcii as follows: BEGINNING althe corrus commas to Sections 1.7,18, 19 and 24, Township 3 North„ R~sge 1 Boiec Meridian,. fiatn which the Quarrter Cooler catrlmar~ to said SCciia-'s) 8 and 1'4; bears 5.89°43'43" W., 2649. i 7 feet. thetux, slang the easterly line of said Section I9, 1, S:QO°34°Z'5"W., 488.40 feet; thence, along the narttherly lice of Lats 56.aud.'S.7; Block 2 of Sportsman Paiute Subdivision No. S and the easterly ptolongetialt thereof, 2. N.89°25'35"Vh., 148:85 foot: thence, along .the easterly liYte. of said Spaitsttian Pointe Subdivision Na. S arui the ptalcngadatrthereof; 3. N. 16° 19' 3t7"oV., 545.45 foot to Ehe noetherly lane of said' Section 19; theuco, .along said aottherly line, 4: N.89°43'43"E., 295.81 feet to the 1'O.[lVT OF BEG,iIYNING. CGN[t AI1~liiNG: 2:48 acres, mare ar less. R,efererlot is made to ~EX.NiBIT "H" -Rezone Sketch Plan, which is made a:psrt of this document. THlS b1~GRtPTtUN WA5 PREPARED PROM.It`It70RIMtATIQN (~ONTAINZ;I} IN IN577@Uhll^AIT NC1:S 10039223 AND 10?09339ti. 9Y ~~~ ~ u ~~U 1 ;µ.~ I1C?ISE ~ Cpt:UR d'AI.ENIw • GAL.DWF.LL. Exhibit C p~ I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 ie Yg .~ s NOTE: THIa SKETCH WAS PREPARED FR(N~i R~`OFrilATION CONTAINED IN INSTRU#AprT N0.5 162059223 ANO 1620l~}3398. 58lT43'43'1M 2648:17' >POIItI' OF ~ E 89'4~~3;43~EROAD 295.81' ADA COUNTY HIGHWAY O15TRtCT INSTRUMENT NO- 702093398 _ N139'43'43'E '~ 2o1.e4' . ~ ~s'~ ~~.. . f ~~Erm ~ r _ _ +p PROPERN tINE o p SECTION LINE a CALCULATED PdNT. +~~ ~ '~ ~r~ FEB ~ fi g~Sl7 ~ 0 30 s0 920 180 SCALE: 1'=6b' EXHIBIT ~B~ REZONE SKETCH PLAN A PORTION OF THE NE 1 /4, NE 1 /4 SECTION 19'. TOWNSHIP 3 NORTH. RANGE 1 EAST, B.M.. Cf1Y OF MERIDIAN, ADA COUNTY, IDAHO REZQNE AREA 2.48. ACRES ± ~ N {/1 N ~: ~_g O N. I { !~ !7 se 1 >~ s N ~~ c~~ $ ~~ ~~ ~ ~~ ~ ~.~ ~ o~ ~ Q ~ 9 fD o q ~'~ {~ ~ x..11 roo~nur>r-oRrox >6xc~c co. ENCINEER$ SiiRVEYQRS' Pl/WM~itL', 977'7 t~NQEN BDIAIVARb - 8d5E. IDAfi~O`83714-206 PHiiNE: ~-323-22rse ~ fAX:.208=3232399 E-f~ 1l~p10t111iE~I~A~G 0~; 02/1607 ,io9; m1n7 Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF MAY 3, 2007 B. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a hill investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone all of the subject property to L-O. The 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. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that professional offices, laboratories, libraries, and medical clinics would be permitted uses within the requested L-O zone. There are also several uses in the requested L-O zone that can occur with conditional use permit approval. The Council is concerned that this area may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site through a development agreement. The Council finds that future development of this property should comply with the established regulations and purpose statement of the L-O zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff and the Commission recommend City Council rely on any oral or written testimony that maybe provided when determining this finding. d. 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. e. The annexation is in the best of interest of the City ([TDC 11-5B-3.E). 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 findings listed above, the Council finds that Annexation and Zoning of this property to L-O would be in the best interest of the City, R the Applicant enters into Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. 2. Alternative Compliance Findings (iJDC I 1-SB-SE): a. Strict adherence or application of the requirements is not feasible; OR The Council finds that the subject property has topographical /shape restraints. This does, in fact, preclude full compliance with the City's landscaping standards. b. The alternative compliance provides an equal or superior means for meeting the requirements; and Exhibit D Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 The Council finds the alternative compliance does provide a superior means for meeting the City's landscaping requirements. The Council finds the conceptual landscape plan incorporates innovative design such as a water feature and will provide visual interest for the traveling public. Additionally, the Council believes the plaza will be an appealing gathering area for future employees on-site. Therefore, the Council supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Council finds that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit D Page 2