Loading...
Queenland Acres AZ 07-009ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 45 BOISE IDAHO 09/20/07 01:26 PM DEPUTY Vicki Allen RECORDED-REQUEST OF III~I~I~IIIIIIIIIII'll~llllfl'IIII~II City O(Meridian 1071 ~315?7 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. James Prather, Owner/Developer THIS DEVELOPME T AGREEMENT (this Agreement), is made and entered into this N "1 day of ~~ , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and James Prather, whose address is 707 E. United Heritage Parkway, Suite 150, Meridian, ID 83642, hereinafter called O WNER/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. § 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten 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-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of C-G (General Retail and Service Commercial District), (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 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT (AZ 07-009) QUEENLAND ACRES PAGE 1 OF 12 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 4~' day of September, 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 Properly 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 codif ed 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 07-009) QUEENLAND ACRES PAGE 2 OF Z2 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 James Prather, whose address is 707 W. United Heritage Parkway, Suite 150, Meridian, Idaho 83642 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 and 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 § 11-2B which are herein specified as follows: General compliance with the submitted conceptual development plan and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-009 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 Properly in accordance with the following special conditions: DEVELOPMENT AGREEMENT (AZ 07-009) QUEENLAND ACRES PAGE 3 OF 12 1. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. All future development of the subj ect property shall comply with City of Meridian ordinances in effect at the time of development. 3. The applicant shall be responsible for all costs associated with sewer and water service installation. 4. Prior to issuance of a Certificate of Zoning Compliance for the first building on this site, provide City Staff with a copy of a recorded document(s) granting vehicular cross-access and cross- parking between the properties on this site; and granting cross- access to the adjacent development to the east (Lowe's). S. The public stub street (Alaska Street) in Bear Creek Subdivision along the south property boundary shall not be extended as a public or non-public street into this site but shall be used as an emergency access point and pedestrian pathway into the site. At no time shall construction traffic associated with the development of this site be allowed to access this site using Alaska Street. 6. Access points to/from the site are limited to those shown on the concept plan unless otherwise restricted/approved by ACRD. 7. The drive aisle legs off the internal full access points to/from Overland Road and to/from Stoddard Road, to the north and west of the main retail building, shall be constructed as shown on the concept plan so that vehicles pulling out of the parking spaces are not backing out into the drive aisles. 8. The two building pads shown on the concept plan at the northeast corner of the site should have no parking stalls between the buildings and Overland Road. 9. The building pad proposed at the corner of Stoddard & Overland should be situated so that parking is evenly dispersed around the front, rear, and sides of the building as shown on the concept plan or situated closer to Overland Road, similar to the structures depicted on the northeast portion of the site. 10. Prior to issuance of the first Certificate of Occupancy, construct a multi-use pathway from the sidewalk on the stub street at the south boundary (Alaska Street) across the site, out to the sidewalk at the traffic signal on Overland Road. In the alternative the Developer shall depict the multi-use pathway on the CZC application necessary for second building site to be developed on DEVELOPMENT AGREEMENT (AZ 07-009) QUEENLAND ACRES PAGE 4 OF 12 the property that is currently depicted on the site plan rather than the large scale building that is proposed to be built first. The pathway must be constructed prior to occupancy of that building. The applicant shall design and construct the multiuse pathway in accordance with UDC 11-3A-8 and in conjunction with the Parks Department's standards. Additionally, where the pathway crosses drive aisles, the pathway shall be distinguished from the driving surfaces through the use of pavers, colored or scored concrete, or bricks (not paint). Any changes to these requirements can be done pursuant to Article 14 of this Agreement. 11. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review in accordance with the standards listed in UDC 11-3A-19, prior to all new construction on the subject property. (NOTE: The internal building shall not be subject to the 8-foot pedestrian walkway requirement to the perimeter sidewalk.) 12. Development of this site plan shall be generally consistent with the conceptual building elevations (photos) and site attached as Exhibit A of the staff report. Additionally, the rear elevation of the largest building proposed along the southern boundary shall have horizontal banding and/or include a variety of materials. Individual buildings within this development shall be limited to 15% over or under the sizes shown on the concept plan except for the largest building pad which shall not exceed 1.70,000 square feet, and the minimum number of buildings allowed on the site shall no less than four and no more than six. 13. The following uses shall be prohibited along the southern portion of this site, south of the northernmost full access drive to/from Stoddard Road shown on the concept plan: fuel sales facility; building material, garden equipment & supplies; and vehicle washing facilities. 14. Construct a 25-foot wide landscape buffer along Overland Road in accordance with the standards in UDC 11-3B-7. 15. Construct a 20-foot wide landscape buffer along Stoddard Road in accordance with the standards in UDC 11-3B-7. 16. A 60-foot wide separation is required between the residential lots along the southern property boundary and the rear of the buildings. Within said 60 feet a 25-foot wide landscape buffer shall be constructed at the south property line, then a drive aisle, and then an additional buffer at the reax of the buildings, with an allowance for access to loading areas for the smaller retail DEVELOPMENT AGREEMENT (AZ 07-009) QUEENLAND ACRES PAGE 5 OF 12 building(s) on the southeast portion of the site said buffer shall substantially comply with the buffer example shown in Exhibit A.4 of the staff report. Landscape buffers shall be designed and constructed in accordance with UDC 11-3B-9. 17. Replace the existing fence, with the property owner's consent, along the southern boundary of the site with a 6-foot tall concrete wall to assist in providing a buffer to the residents in Bear Creek Subdivision in addition to the landscaping requirements listed in UDC 11-3B-9C a&b. 18. The applicant shall comply with all landscaping standards described in UDC 11-3B, including but not limited to UDC 11- 3B-8 which outlines the standards for parking lot landscaping. 19. The trees that currently exist on this site shall be retained or mitigation shall be provided in accordance with UDC 11-3B-10. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this 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 § 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 DEVELOPMENT AGREEMENT (AZ 07-009) QUEENLAND ACRES PAGE 6 OF 12 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 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. 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 maybe 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 DEVELOPMENT AGREEMENT (AZ 07-009) QUEENLAND ACRES PAGE 7 OF 12 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 maybe 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 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 § 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/Developeragcees 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 development; 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: DEVELOPMENT AGREEMENT (AZ 07-009) QUEENLAND ACRES PAGE 8 OF 12 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: James Prather 707 E. United Heritage Parkway, Suite 150 Meridian, Idaho 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 ofthe 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 DEVELOPMENT AGREEMENT (AZ 07-009) QUEENLAND ACRES PAGE 9 OF 12 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. 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 subj ect 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 07-009) QUEENLAND ACRES PAGE 10 OF 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER JAMES PRATHER CITY OF MERIDIAN ~~ BY: MAYOR MY de WEERD ATTEST: \,.~`~`~,~~ ~ .~9~ °';~r ~~ ~ ~ ~ ~: WILLIAM G. BERG, JR. CI C ERI~• y ~~,~ ~' ;' ~; DEVELOPMENT AGREEMENT (AZ 07-009) QUEENLAND ACRES PAGE 11 OF 12 STATE OF IDAHO, ) ss County of Ada, ) On this ° ~ '~~' day of ~~~~Y~i~~~%'~% , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared James Prather, known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •.....~~ .•• Q1`I ,~~•. (SEAL) • ~ ~ . . g; • ~ ~~ 'O ~ STATE OF IDAHO ) ss County of Ada ) r 1 F ~ l~'~ l~_ ~ 7 ~~" Notary Public for Idaho Residing at: `'l' ~7~ C ~~~'~, , , ~C~' My Commission Expires: ~G -/S -1( On this / ~'`~` day of ~~ ~ ~ c , 2007, before me, a Notary Public, personally appeared Tammy de Weer and William G. Berg, Jr., 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. •"e 1© ~.L b •~~~i (SEAL);` ~;•• and ••; ~i 1~ ~* e • '~ _• i ~ - tl • b J- Al ~ I •,,~P~` r Q~ d ~ ^~,,,,w ~._ _ r Notary u is fo Idaho , Residing at: ~, Commission expires: j /,.5" B DEVELOPMENT AGREEMENT (AZ 07-009) QUEENLAND ACRES PAGE 12 OF 12 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 1 ( f'/Y / IF "~ ~r1G~1C~l'I ~`~ ~ ian»o a ~` In the Matter of the Request -for Annexation and Zoning of 22.67 Acres from Rl & RUT (Ada County) to C-G (General Retail and Service Commercial), by James Prather. Case No(s). AZ-07-009 For the City Council Hearing Dates of: August 21, 2007 and September 4, 2007 (Findings on the September 18, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 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 Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-009 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 in the attached Staff Report for the hearing date of August 21, 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 Annexation request with a C-G zone as evidenced by having submitted the Legal Description stamped by Lawrence Koerner dated April 3, 2007, is hereby conditionally approved; and, 2. The provisions of the Development Agreement are as shown in the attached Staff Report for the hearing date of August 21, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of August 21, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-009 By action of the City Council at its regular meeting held on the ~ ~ day of Sc~m~ , 200. COUNCIL MEMBER DAVID ZAREMBA VOTED ~,y~_Q_ COUNCIL MEMBER JOE BORTON VOTED (~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: ,.~,~.. _+ .~ ,,,,,~Ia~or Tai y e Weerd f~-, ~~ f;, '~. ~. t~ G. Berg, Jr., City C -~ ~' R v Co served u on A licant ~~ li~n`~ ° :. ~artment Public Works D artment and Cit pY P PP ~ r ,, .. ~ .~~~~ ~ ~ Y Attorney. By: / C~/) ~I' ~ 2 ~ Dated: C~~- / _l - ~'~ City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-009 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 STAFF REPORT HEARING DATE: August 21, 2007 TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: Queenland Acres • AZ-07-009 L17Y t)F ... `V err~i~r~ a '~(, ^~ ,~,,,, !~ Annexation and Zoning of 22.67 acres from Rl & RUT (Ada County) to C-G (General Retail and Service Commercial) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, James Prather, has applied for Annexation and Zoning of 22.67 acres from R1 & RUT (Ada County) to C-G (General Retail and Service Commercial). The subject property is located on the southeast corner of S. Stoddard Road and W. Overland Road. The property consists of twelve residential lots in Queenland Acres Subdivision and one 12 acre parcel, all in Ada County. The site contains various existing homes and associated outbuildings that will be removed upon development of the property. This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. The Applicant has submitted a conceptual development plan (attached in Exhibit A) that shows how this property may develop in the future. The plan shows one 125,000+/- square foot big box retail building, three 20,000 square foot mid-range box retail sites, two 6,000 square foot building pads, and one 10,000 square foot building pad. The plan also shows access points to/from Stoddard Road and Overland Road, and the extension of an existing stub street to this property from Bear Creek Subdivision from the south. 2. SUMMARY RECOMMENDATION Staff recommends approval of AZ-07-009, as presented in the staff report for the hearing date of July 19, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Meridian Planning & Zoning Commission heard this item on June 21.2007 and July 19. 2007. At the public hearing on July 19, 2007 they moved to recommend approval of the subiect AZ request to the City Council. a. Summary of Commission Public Hearing: i. In favor: James Prather (Owner/Applicant); Scott Stanfield (Proiect Engineer) ii. In opposition: Jim Kouril iii. Commenting: None iv. Written testimony: Brian Beckley, VP of Bear Creek HOA (letter w/petition containing 236 signatures); Scott Anders; and Aaron Neal v. Staff presenting application: Sonya Waters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Dual landscape buffers bisected by a drive aisle along the south property boundary adiacent to the residential homes, with a 60 foot building setback; ii. Location of loading docks for buildings along the south property boundary Queenland Acres AZ-07-009 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 iii. Requiring a block wall along the south property boundary: iv. Restriction of uses along the southern portion of the property to only those uses allowed in the C-N zone; v. The extension of Alaska Street from Bear Creek Subdivision into the site c. Key Commission Change(s) to Staff Recommendation: i. Required a minimum 60-foot wide separation between the residential uses along the southern property boundary and the rear of all buildings. Within the 60 feet a 25-foot wide landscape buffer, then drive aisle, and an additional buffer at the rear of the buildings is required, with an allowance for access to loading areas for the smaller retail building(s) on the southeast portion of the site within the 60 feet; ii. Required the applicant to replace the existing fence. with the property owners' consent, along the southern boundary of the site with a 6-foot tall concrete wall; iii. Required the building pad proposed at the corner of Stoddard and Overland Road to be situated so that parking is evenly dispersed around the front, rear and sides of the building as shown on the concept plan or situated closer to Overland Road, similar to the structures depicted on the northeast portion of the site• iv. Did not require Alaska Street to be extended into the site as a public or non- public street but did require Alaska to be used as an emergency access point and pedestrian pathway into the site. d. Outstanding Issue(s) for City Council: i. ACHD and City Staff would prefer that Alaska Street be extended into the site for vehicular use; the Commission requested that Alaska Street not be extended; ii. Appropriate zoning designation(s) for this property. The Meridian City Council heard this item at the nJUhlic hea.-ino nn A ~unct 21.2(1(17 And the public meeting on September 4.2007. At the meeting on September 4~ .they approved the iect AZ request ;1: 1. n ISVOr: James Prather Il)wner/ADDhCaIItl: 1COt[ ~tanriela IYTOIect Ln~lneerl vii. n opposition: Jim Kouril. Bear Creek HOA representative viii. Commenting: None ix. Written testimony: None x. f nresentin~ apnLication: Anna Can ing xi. Other staff commenting on application: None 12. Key Issues of Discussion by Council: i. he extension of a pedestrian pathway from Alaska Street vs. a street: ii. a Applicant's request to allow an increase in the size of the big boY reta' building shown on the concept plan un to 170.000 square feet: and iii. The number of full-access points to Overland Road. ~_ Key Council Changes to Staff/Commission Recommendation i. eauired rear building elevation of the largest building proposed slop the rn boundary to have horizontal banding and/or include of a variety o ii. The largest building pad shall not exceed 170.000 square feet: iii. The number of buildings allowed on this site shall he no lees than four and no more than six• iv. The applicant shall revise the concept elan to add traffic calming features along the southern boundary fas shown in Exhibit Al: Queenland Acres AZ-07-009 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 v. uffer along the outhern bo ~ndarv of i ci ha 1 ub anHally comply he buffer example , hown in ,xhibit A.4 of this repo vi. pedestrian pathway hall be provided from he sidewalk slop he sh~b ctr e south property line to the idewalk alon Overland Road a he traffic signal at the north property line: vii. he stop sign required along the outhern property bo ~ndarv cha 1 be located i hne with the arlgcpnt hnilrlinu ac indica_tprl nn the i2r±viceA Concept Plan lII viii. The second sign to the east of the stop sign hall be a yield sign a in icated on the Revised Concept Plan in Exhibit A.2: ix. ddiHonal stop sign sha 1 be rea sired on the no /co ~ h drive aicl wh re e main eact/wect rive ai le in fron of he bi box b ~ildin ro ec a x. The Applicant may locate the valley gutter /speed bumps wherever they wish. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-07- 009 as presented in the staff report for the hearing date of August 21, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-07-009 as presented during the hearing on August 21, 2007, for the following reasons: (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- 009 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: This property is generally located on the southeast corner of S. Stoddard Road and W. Overland Road in the northeast % of Section 24, Township 3 North, Range 1 West. Referenced as Ada County Tax Parcel Numbers: 51224120837, 87288000110, 87288000100, 87288000091, 87288000081,87288000071,87288000061,R7288000051,R7288000041, 87288000031, 87288000021, 87288000011, and 87288000001. b. Owner: James Prather 707 E. United Heritage Parkway, Suite 150 Meridian, Idaho 83642 c. Applicant: Same as owner d. Representative: James Prather (Applicant/owner) e. Present Zoning: R1 and RUT (Ada County) Queenland Acres AZ-07-009 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2007 £ Present Comprehensive Plan Designation: Commercial g. Applicant's Statement/Justification: Please see the conceptual development plan and building elevations (pictures) showing a few different scenarios as to how the site might be developed. The site plan accurately shows ingress and egress on Overland and Stoddard Road (if changes are made, they will be minor). The Applicant is willing to work with the City and Brighton Corporation if S. Alaska Avenue (the stub street at the south boundary) needs to be extended although the residents in Bear Creek would prefer that it not be extended. The square footage of any building is very difficult to determine at this time; however, the bubble and site plan do show conceptually how the applicant envisions the site developing. As of this date the Applicant does not have a large user signed on. Without this knowledge it is difficult to determine how the rest of the site will develop. (Please 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 Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: June 4d', 2007 and June 18d', 2007 (Commission); July 30.2007 and August 13, 2007 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: May 25d', 2007 (Commission); July 27. 2007 (City Council) d. Applicant posted notice on site by: July 3rd, 2007 (Commission); August 6, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Single family rural residential; agricultural b. Description of Character of Surrounding Area: This site is surrounded by various commercial uses (zoned C-G, C2, & I-L) to the west, north, and east, and residential homes to the south (Bear Creek, zoned R-4). c. Adjacent Land Use and Zoning: North: Commercial property (Mountain View Equipment, Boondocks, Veterinary Clinic), zoned C-G and C2 (Ada County) 2. East: Commercial property (future Lowe's), zoned C-G 3. South: Single-family residential (Bear Creek Subdivision), zoned R-4 4. West: Vacant (future retail) and commercial storage units, zoned C-G d. History of Previous Actions: A portion of this property, the 12 rural residential lots, was previously platted in Ada County as Queenland Acres Subdivision; the 12 acre portion to south has not been previously platted. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: The North East portion of this project will sewer to W Overland Road and the South plus North West portion of the project will sewer to the Black Cat Trunk. Location of water: Water is located in W Overland road and S Stoddard Road. Contact City of Meridian Public Works for size and routing. Queenland Acres AZ-07-009 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Issues or concerns: None 2. Vegetation: There are existing trees on the site that should be protected or mitigated for when this site develops. 3. Floodplain: This property is not within the floodplain. 4. Canals/Ditches Irrigation: The Kennedy Lateral runs along the east boundary of this property. 5. Hazards: Staff does not know of any hazards associated with this property. 6. Proposed Zoning: C-G 7. Size of Property: 22.67 acres f. Summary of Proposed Streets and/or Access: The conceptual development plan submitted by the applicant shows two full access points and one right-in/right-out to/from W. Overland Road, and two full access points to/from S. Stoddard Road. A stub street (S. Alaska Avenue) to this property exists and is shown on the plan at the south boundary of the property from Bear Creek Subdivision. These access points and other access issues are discussed at length in section 10 of this report. Due to the fact that this is only an Annexation application, ACHD has not submitted formal conditions of approval at this time. However, due to the size of this project ACHD did submit comments on this application that are included in Exhibit B of this report. 7. COMMENTS MEETING On June 1, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. Because this is only an annexation application, there are no conditions of approval; all applicable provisions are proposed in a Development Agreement. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial" The Comprehensive Plan defines Commercial as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The applicant is requesting to rezone this property to C-G which staff believes is consistent with the Comprehensive Plan Future Land Use Map designation for this property. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. Queenland Acres AZ-07-009 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Staff finds that the site is designated for Commercial on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of commercial and retail opportunities will be provided on this site. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Upon development of the property, a minimum 25 foot wide landscaped street buffer will be required along W. Overland Road, classified as a principal arterial street; a 20 foot wide landscaped street buffer will be required along S. Stoddard Road, classified as a collector street. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed development is appropriate along the adjoining transportation corridor (Overland Road). This development project will be highly visible and help to defzne this area of the city. • 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 signature of a final plat and/or Certificate of Occupancy of the proposed building(s) on this site. • Chapter IV, 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 VII, Goal IV, Objective A, Action 6: Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. Upon development of the property, a 25 foot wide land use buffer will be required along the south boundary of the site to provide a buffer between the proposed commercial uses of the property and the existing residences in Bear Creek Subdivision that abut the site. 9. ZONING ORDINANCE Queenland Acres AZ-07-009 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Retail Stores, restaurants, financial institutions, fuel sales facility, personal & professional services, among other uses, are listed as principal permitted uses in the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. Dimensional standards for the C-G zoning district, per UDC Table 11-2B-3: (Applicable upon development of the property) Front setback (in feet) 0 Rear setback (in feet) 0 Interior side setback (in feet 0 Street landsca a buffer (in feet) Local 10 Collector 20 Arterial 25 Landscape buffer to residential 25 uses (in feet)`~* Maximum building hei t (in feet) 65 Maximum building size without 200,000 design standard approval as set forth in 11-3A-19 ins uare feet) Parking requirements See Chapter 3 Article C OFF-STREET PARKING AND LOADING REQUIREMENTS Landsca in r uirements See Cha ter 3 Article B LANDSCAPING REQUIREMENTS *,All setbacks, sh`a`ll. b ' `!~'~'from " ~lt~gate right=bf~way foc the sheet ¢1 ~~ '' N =showri~on, tli~~ac~gptes~'~a~~,~tlr~~' Vii,,, , ~ `' ;~ ~ , **minuntiarri'setbac~:pgl . allb ~'of e~tang;resxdetltal~tiructt~re k ,f ` * * *<Whece the add ar~ent', ~~ e D~recto`r zsha~l ir#~#rni~xe ~ ~tij~cer ~ ;^t~~si `~~on based a` _~.. r ,lion.. . '' ~ j 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation AZ Application: Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (prepared on April 3, 2007, by Lawrence Koerner, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Parcel Configuration: The subject 22.67 acre property consists of twelve residential lots, zoned Rl, that were platted in Ada County as Queenland Acres Subdivision. Also included to the south of Queenland Acres Subdivision is a 12 acre un-platted parcel in Ada County, zoned RUT. The site currently has some existing homes and associated outbuildings on it as well as some agricultural land. In order to subdivide this property to coincide with the proposed site layout, the Applicant can apply for an administrative Property Boundary Adjustment (PBA) application to relocate/remove some of the existing property lines to accommodate the future development of this property or subdivide the property through one of the four platting processes (preliminary Queenland Acres AZ-07-009 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 plat, final plat, combined preliminary and final plat, or short plat) outlined in UDC 11-6B. To configure the property through a PBA, the Applicant would need to vacate the existing easements platted with Queenland Acres Subdivision. Although not required, Staff suggests the property be platted through one of the methods outlined in UDC 11-6B as a "cleaner" way of creating parcels to accommodate the development of the property. Zoning Districts: The Applicant is requesting that the entire site be zoned C-G. The Comprehensive Plan Future Land Use Map designates this property for commercial use. The requested C-G zone is consistent with the land use designation for this property. However, there are three different commercial zoning designations that are consistent with the commercial land use designation: C-N (Neighborhood Business District); C-C (Community Business District); and C-G (General Retail and Service Commercial District). The C-N zone allows less intense uses, while the C-G zone allows more intense uses. The Comprehensive Plan encourages compatible uses to minimize conflicts and maximize use of land. The Plan also supports screening and buffering of commercial properties and residential uses with transitional zoning. The Applicant is proposing, as required by the UDC, a 25-foot wide land use buffer to the adjoining residences along the entire south boundary. However, a transitional zoning district (e.g. - L-O or C-N) is not proposed along the south boundary. A letter and petition with 236 signatures has been submitted to the City by the Bear Creek Homeowners Association (HOA), dated July 9, 2007, in response to this application. The letter requests that the City Council either vote in opposition to or consider more compatible zoning (i.e. high density residential or C-N zone) for the proposed development to provide more of a transition in zoning between the proposed commercial uses and the existing residential properties. In consideration of the HOA's concerns, Staff reviewed the allowed uses in both the C-N & C-G zones contained in UDC Table 11-2B-2 and determined the following: Retail uses, restaurants, financial institutions, and personal or professional services are examples of uses that are permitted in both the C-N & C-G zones; fuel facilities are conditional uses in the C-N zone and outright permitted in the C-G zone; building material, garden equipment and supplies (such as Lowe's) is a conditional use in the C-N zone and permitted in the C-G zone; laundry & dry cleaning is prohibited in the C-N zone and permitted in the C-G zone; and vehicle washing facilities are a conditional use in the C-N zone and permitted in the C-G zone. Additionally, the UDC requires that buildings over 7,500 square feet in the C-N zone comply with design standards as listed in UDC 11-3A-19 (note.• Staff is including a Development Agreement provision for all future buildings on this site to comply with design standards because of the site's location on a highly visible transportation corridor into the City). Further, the UDC requires a 25-foot wide buffer to adjoining land uses in the C-G zone and only a 20-foot wide buffer in the C-N zone. The Applicant is proposing retail uses on all of the buildings shown on the concept plan along the south boundary of the site adjacent to Bear Creek Subdivision. Because retail uses are permitted in both the C-N and C-G zones, because Staff is requiring administrative design review approval for all future buildings on the site as required in the C-N zone for buildings over 7,500 square feet, and because a greater buffer width to adjoining land uses is required in the C-G zone, Staff does not believe that there is any benefit to zoning this property to C-N. However, to ensure that future uses on this site along the south boundary are not developed in a more intense fashion than proposed with this application or with uses that are not outright permitted in both the C-N and C- Gzones, Staff is including a provision in the Development Agreement that prohibits uses on the southern portion of this site, south of the northernmost full access drive to/from Stoddard Road shown on the concept plan as follows: fuel sales facilities; building material, garden equipment & supplies; and vehicle washing facilities. Staff believes that more intense uses, such as those mentioned, allowed in the C-G zone are appropriate along Overland Road but not appropriate as a transitional use adjacent to the existing residences. Further, to provide a buffer between the Queenland Acres AZ-07-009 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 proposed commercial uses and the existing residences in Bear Creek, the Applicant must comply with UDC 11-3B-9, Landscape Buffers to Adjoining Uses, and install a mix of evergreens and deciduous trees, and shrubs to result in a barrier that allows trees to touch at the time of maturity. Additionally, to enhance the buffer, Staff is requesting that a 6-foot tall solid fence be installed where none currently exists along the south boundary of the site and that said fence be maintained by the Applicant Staff is including in the Development Agreement uses that are prohibited along the southern portion of this site. Concept Plan: The applicant submitted two conceptual site plans for this site. The first plan (shown in Exhibit A.2) shows how the site will conceptually lay out with two large retail sites consisting of one 12-acre property and one 5 acre property, and two retail pads consisting of 1.5 acres and 2.5 acres, with two access points to Overland Road and 2 access points to Stoddard Road. The second plan (shown in Exhibit A.2) shows the same general plan but includes conceptual building footprints, parking, landscape. buffers, internal access drives, and access points to/from the site. After carefully reviewing the conceptual site plan, Staff has identified various issues and concepts that need to be further discussed and mitigated/conditioned for. Staff is aware that the proposed plan is only conceptual in nature, but Staff believes that there are some concepts that are not currently proposed that would be appropriate for this site. These additional concepts, and the ones proposed are discussed below. To begin, the concept plan proposes approximately 207,000 square feet of retail space consisting of one big box retail building space and one mid-range box multi-tenant building space with three tenant spaces along the southern portion of the site. The largest of the retail spaces is proposed to be 125,000 square feet and is designed to house a national retailer that will "anchor" the development. The mid-range multi-tenant building space is proposed to be 60,000 square feet and is designed to house three tenants. Additionally, the concept plan proposes approximately 22,000 square feet of commercial pad space consisting of two 6,000 square foot pads and one 10,000 square foot pad along Overland Road. Staff is including a development agreement provision that limits the size of buildings within this development to 15% over or under the size shown on the concept plan. Access: A major aspect of the concept plan is the proposed vehicular access to/from the site and internal drive aisles and parking. Access to the site is proposed from two full access points and one right-in/right-out access to/from Overland Road, and two full access points to/from Stoddard Road. Additionally, a signalized full access point to Overland Road is proposed just off-site to the east with the Lowe's development. According to ACI-1D's report, Overland Road is being widened to a 5-lane facility with bike lanes and curb, gutter, and sidewalk; Stoddard Road is a 2-3 lane roadway near the site; and the Stoddard/Overland Road intersection will be widened as part of the Overland Road project and the intersection will be signalized. Staff does not object to the proposed access points to/from the site; however, the Applicant should obtain approval from ACRD for the access points shown on the concept plan. There is an existing public stub street (Alaska Street) at the southeast corner of this site that was constructed with Bear Creek Subdivision. This street was provided to the subject property for inter-connectivity between Bear Creek and this commercial development. Staff is supportive of this stub street being extended into the site. Further, Staff is supportive of the extension of Alaska Street as a drive aisle and not a public street. Staff is concerned about creating a vehicular path that encourages vehicles outside of this section to cut-through Bear Creek to get to the commercial land uses along Overland Road. The configuration of the drive aisles shown on the concept plan do not create a direct route to the full access points to Overland Road via Alaska Street, and thus should not create a thoroughfare for cut-through traffic. To further discourage Queenland Acres AZ-07-009 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 cut-through traffic, Staff is in favor of installing a "local access only" sign near the Alaska Street stub street along the south boundary. Granting public cross-access to/from Alaska Street will allow the traveling public from Bear Creek Subdivision to access the commercial uses on this site, and ensures that the drive aisle cannot be closed to the public in the future. Due to the configuration of the property, across- access and cross-parking agreement should be required that benefits all parcels within this development. Additionally, a cross-access easement should be granted to the adjacent development to the east (Lowe's) and to/from the public stub street (Alaska Street) out to Overland Road. Staff is including Development Agreement provisions as discussed in this section. Parking Lot Layout: As shown on the concept plan, there are two building pads that abut Overland Road at the northeast corner of the site and one building pad on the corner of Stoddard & Overland that is set back approximately 90 feet from the corner. Staff is in favor of the location of these pads as they allow for the buildings to be located close to the street with the majority of the parking to be placed behind or at the sides of the structures, creating a better curb appeal for the site than a sea of parking. Additionally, the internal full access drive aisles to the north and west of the main retail building should be constructed as shown on the plan so that vehicles pulling out of parking spaces are not backing out into the drive aisles. Staff is including Development Agreement provisions as discussed in this section. Site Design: This site is located in a very visible location. The importance of this location makes quality design essential. The Applicant has submitted conceptual building elevations (photos) of what some of the structures on this site may look Like. To ensure a minimum design standard, Staff is including a Development Agreement provision for all buildings within the development and site improvements to be subject to administrative design review as defined in UDC 11-3A-19. (Note the internal buildings shall not be subject to the 8-foot wide pedestrian pathway requirement, to the adjacent sidewalk.) Landscaping: Although the design of this project is only conceptual, Staff believes there are some landscape elements that should be discussed at this early stage. The following landscaping elements should be included in the concept plan for this site and included as Development Agreement provisions. • The Comprehensive Plan Future Land Use Map depicts a multiuse pathway that runs through this property from Overland Road to the stub street location at the south boundary. A 10-foot wide pathway shall be extended from the south boundary at Alaska Street to the sidewalk on Overland Road. Where the multiuse pathway crosses a drive aisle, the pathway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. • UDC 11-2B-3 requires a 25-foot wide landscape buffer be constructed along Overland Road in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC I 1-2B-3 requires a 20-foot wide landscape buffer be constructed along Stoddard Road in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 25-foot wide landscape buffer between residential uses and properties zoned C-G. This buffer should be designed and constructed in accordance with UDC 11-3B-9 and be placed along the entire southern boundary of the site adjacent to the existing residences in Bear Creek Subdivision. Queenland Acres AZ-07-009 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 • The applicant should comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. Design Standards: Because this site is located on a highly visible transportation corridor, Staff is requesting as a provision in the DA that all structures within the development be subject to the design standards listed in UDC 11-3A-19C as follows: 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 (2) or more roof planes; d) varying parapet heights; and e) cornices. 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. 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. 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. 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 abutting 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. (This requirement shall not apply to the internal pad sites.) 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 (8') 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 feet (20') of all customer entrances. Queenland Acres AZ-07-009 PAGE 1 l CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 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 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 provisions in the development agreement (see below) are complied with, the City requires that the applicant obtain CZC approval from the Planning Department prior to site development; all site and landscaping improvements must be installed prior to occupancy. Development Agreement: A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation 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 6 months of City Council approval to initiate this process. The DA shall include, at minimum, the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The applicant shall be responsible for all costs associated with sewer and water service installation. • Prior to issuance of a Certificate of Zoning Compliance for the first building on this site, provide City Staff with a copy of a recorded document(s) granting vehicular cross- access and cross-parking between the properties on this site; granting cross-access to the adjacent development to the east (Lowe's); and granting public cross-access to/from the stub street (Alaska Street) for the benefit of the traveling public. • The public stub street (Alaska Street) in Bear Creek Subdivision along the south property boundary shall be extended as anon-public street into this site. To discourage cut-through traffic, "local access only" signs should be installed neaz the stub street (Alaska Street) along the south boundary. At no time shall construction traffic associated with the development of this site be allowed to access this site using Alaska Street. • Access points to/from the site are limited to those shown on the concept plan unless otherwise restricted/approved by ACRD. • The drive aisle legs off the internal full access points to/from Overland Road and to/from Stoddard Road, to the north and west of the main retail building, shall be constructed as shown on the concept plan so that vehicles pulling out of parking spaces are not backing out into the drive aisles. • The two building pads shown on the concept plan at the northeast corner of the site should have no parking stalls between the buildings and Overland Road. • The building pad proposed at the corner of Stoddard & Overland should be situated so that parking is evenly dispersed around the front, reaz, and sides of the building as shown on the concept plan. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review in accordance with the standards listed in UDC 11-3A-19, prior to all new construction on the subject property. (NOTE: The internal buildings shall not be subject to the 8-foot pedestrian walkway requirement to the perimeter sidewalk.) • Development of this site shall be generally consistent with the conceptual building elevations (photos) and site plan submitted with this application. Individual buildings within this development shall be limited to 15 % over or under the sizes shown on the Queenland Acres AZ-07-009 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 concept plan and the minimum number of buildings allowed on the site shall be five, as shown on the concept plan. • The following uses shall be prohibited along the southern portion of this site, south of the northernmost full access drive to/from Stoddard Road shown on the concept plan: fuel sales facilities; building material, garden equipment & supplies; and vehicle washing facilities. • Construct a 25-foot wide landscape buffer along Overland Road in accordance with the standards in UDC 11-3B-7. • Construct a 20-foot wide landscape buffer along Stoddard Road in accordance with the standards in UDC 11-3B-7. • Construct a 25-foot wide landscape buffer between residential uses and properties zoned C-G. This buffer shall be designed and constructed in accordance with UDC 11-3B-9 and be placed along the entire southern boundary of the site adjacent to the existing residences in Bear Creek Subdivision. • Construct a 6-foot tall solid fence, where none currently exists, along the southern boundary of the site to assist in providing a buffer to the residences in Bear Creek Subdivision in addition to the landscaping requirements listed in UDC 11-3B-9Ca&b. Fencing along the southern boundary shall be maintained by the Applicant. • The applicant shall comply with all landscaping standards described in UDC 11-3B, including but not limited to UDC 11-3B-8 which outlines the standards for pazking lot landscaping. • Prior to issuance of the first Certificate of Occupancy, construct amulti-use pathway from the sidewalk on the stub street at the south boundary (Alaska Street) across the site, out to the sidewalk on Overland Road. The applicant shall design and construct the multiuse pathway in accordance with UDC 11-3A-8 and in conjunction with the Parks Department's standards. Additionally, where the pathway crosses drive aisles, the pathway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks (not paint). • The trees that currently exist on this site shall be retained or mitigation shall be provided in accordance with UDC 11-3B-10. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this site. b. Staff Recommendation: Staff recommends approval of the proposed annexation application (AZ-07-009), subject to the Development Agreement provisions listed in Exhibit B. The Meridian Planning & Zoning Commission heard this item on June 21. 2007 and July 19 2007. At the public hearing on July 19, 2007 they moved to recommend approval of the subject AZ request to the City Council. eridian Citv Council heard this item o 07. At the public hearing they anuroved the ubie t 7, rea ~e 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plans 3. Examples of Conceptual Building Elevations (photos) 4. Example of buffers to be conctrnrtpd alnna the cnnth nrnnerty hnnnrlarv B. Agency Comments Queenland Acres AZ-07-009 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Queenland Acres AZ-07-009 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 A. Drawings 1. Vicinity/Zoning Map Exhibit A PAGE I S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 2. Conceptual Site Plans ~... w.. `/ tiwl ru~ J is - _ _ ~.. w - _ - - - -.. ~) I I I l` RETAIL I I II 1?~ (~ ~ . ~ a ~. ,. ,~ I I I a II (/1 RETAIL PADS ~ 2.5 ACRES a ~ "TTTTf~~'^il"II~Tlf'!~If'Tli'Dli'~li I~ ~ ~~ - ~_ PAD 4~ II I =~~ ~~~ iil.SACRES ~ ==== i ~ fl II ~ ._JI 1 ____ I I __ ~ - - = o ~ - -' RETAIL I I I ~~._ oACCESS ~z ACRES i I RETAIL I . ,' I 5 ACRES I ,~~:: 0 ~ I ~ ACCESS 'I t I I, ----- ~' ------- I -- - ~ ------- 1 KCV'K V:1..1~ ~~Y ~ ~ - Exhibit A Stop Sign g ~I ~~~1 ~I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 3. Examples of Conceptual Building Elevations (photos) Blg BOX Retail Store Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Mid-range Box Retail Store Exhibit A ~- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Pad Exhibit A i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (prepared on April 3, 2007, by Lawrence Koerner, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.2 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement with the City. Said Development Agreement shall be signed within 6 months of the City Council's approval of this application and shall include the following provisions: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The applicant shall be responsible for all costs associated with sewer and water service installation. • Prior to issuance of a Certificate of Zoning Compliance for the first building on this site, provide City Staff with a copy of a recorded document(s) granting vehicular cross- access and cross-parking between the properties on this site; and granting cross-access to the adjacent development to the east (Lowe's); ^~ ^Y°^*~^^ ^~~~~~^ t.,/F ,..., tt,e ~t..l. ~t..oot lAto~L.. C't,-oot\ 4:.~ tl,o i,o„oft ~.Ftl,v t...,..ol:.,.. ,.i.l:.. wr. va-.r ..ai • The public stub street (Alaska Street) in Bear Creek Subdivision along the south property boundary shall not be extended as a Qublic or non-public street into this site but shall be used as an emergency access point and pedestrian pathway into the ff: ~ ,.ia ti.e :., t.,n a site. 'l,e tsseurage-~3;~g# tr~a~.~lecas--access enlTSig~.~ n®ar-fi#e-siul~ street-(z4lask~-Stree*`~,--aloes-tare-seu~-~exx At no time shall construction traffic associated with the development of this site be allowed to access this site using Alaska Street. • Access points to/from the site are limited to those shown on the concept plan unless otherwise restricted/approved by ACHD. • The drive aisle legs off the internal full access points to/from Overland Road and to/from Stoddard Road, to the north and west of the main retail building, shall be constructed as shown on the concept plan so that vehicles pulling out of parking spaces are not backing out into the drive aisles. • The two building pads shown on the concept plan at the northeast corner of the site should have no parking stalls between the buildings and Overland Road. • The building pad proposed at the corner of Stoddard & Overland should be situated so that parking is evenly dispersed around the front, rear, and sides of the building as shown on the concept plan or situated closer to Overland Road. similar to the structures depicted on the northeast portion of the site. • Prior to issuance of the first Certificate of Occupancy, construct amulti-use pathway from the sidewalk on the stub street at the south boundary (Alaska Street) across the site, out to the sidewalk eu at the traffic signal on Overland Road. The applicant shall design and construct the multiuse pathway in accordance with UDC 11-3A-8 and in conjunction with the Parks Department's standards. Additionally, where the pathway crosses drive aisles, the pathway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks (not paint). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review in accordance with the standards listed in UDC 11-3A-19, prior to all new construction on the subject property. (NOTE: The internal buildings shall not be subject to the 8-foot pedestrian walkway requirement to the perimeter sidewalk.) • Development of this site shall be generally consistent with the conceptual building elevations (photos) and site plan attached in Exhibit A of this report. Additionally. the rear elevation of the largest building proposed along the southern boundary shall have horizontal banding and/or include of a variety of materials. Individual buildings within this development shall be limited to 15 % over or under the sizes shown on the concept plan except for the largest building pad which shall not exceed 170.000 square feet. and the minimum number of buildings allowed on the site shall be ~~°, °° °''^~~~^ ^^ *'~° ~^^^°^* ~'~~. no less than four and no more than six • The following uses shall be prohibited along the southern portion of this site, south of the northernmost full access drive to/from Stoddard Road shown on the concept plan: fuel sales facilities; building material, garden equipment & supplies; and vehicle washing facilities. • Construct a 25-foot wide landscape buffer along Overland Road in accordance with the standards in UDC 11-3B-7. • Construct a 20-foot wide landscape buffer along Stoddard Road in accordance with the standards in UDC 11-3B-7. A 60-foot wide separation is required between the residential lots along the southern property boundary and the rear of all buildings. Within said 60 feet a 25- foot wide landscape buffer shall be constructed at the south property line, then a drive aisle, and then an additional buffer at the rear of the buildings, with an allowance for access to loading areas for the smaller retail building(s) on the southeast portion of the site. Said buffer shall substantially comply with the buffer example shown in Ea hibit A.4 of this report,, Landscape buffers shall be designed and constructed in accordance with UDC 11-3B-9 ,,.,a ~.° ^'°^°a ^'^„^ ~'~° °^*~-° ~^~•*'~°~- .. .. ..... ,. a„ ~ .. ,rozaa.a o, "vzici°o nvn°vv'tiii'vacr'f°viciosr, iav"ri6-[na. Svmnvrn ''^~•^a~^~ ^~*'~° ~~*° Replace the existing fence, with the property owners' consent, along the southern boundary of the site with a 6-foot tall concrete wall to assist in providing a buffer to the residences in Bear Creek Subdivision in addition to the landscaping requirements listed in UDC 11-3B-9Ca&b. ~'°~~~„^ ~'^^^ *'~° ~^••*'~°-M • The applicant shall comply with all landscaping standards described in UDC 11-3B, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. • The trees that currently exist on this site shall be retained or mitigation shall be provided in accordance with UDC 11-3B-10. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this site. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains into W overland Road and main to be installed to the Black Cat trunk. The applicant shall install mains to Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub- grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W. Overland Road, and S. Stoddard Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "fmal draft" being required prior to fmal plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. 2.7 Meridian Public Works specifications do not allow any large Landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.8 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.12 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping maybe bonded for prior to obtaining certificates of occupancy 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.20 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %i" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be place 18" above finish grade. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 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. 3.6 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. 3.7 The commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.8 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 response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 The applicant shall work with Planning Department staff to provide an address identification plan and a sign that provides a range of addresses, which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.12 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. 3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.14 There shall be a fire hydrant within 100' of all fire department connections. 3.15 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 3.16 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.17 Right-in/right-out turn lanes are recommended at the furthest west access point to Overland Road shown on the conceptual site plan submitted with this application. 4. POLICE DEPARTMENT 4.1 Right-in/right-out turn lanes are recommended at the furthest west access point to Overland Road shown on the conceptual site plan submitted with this application. 5. ADA COUNTY HIGHWAY DISTRICT (ACHD'S REPORT IS BASED ON THE ORIGINAL CONCEPT PLAN SUBMITTED WITH THIS APPLICATION, NOT THE PLAN ATTACHED IN EXHIBIT A, THAT ONLY SHOWS 2 FULL ACCESS POINTS ON OVERLAND ROAD. APPROVAL OF THE ADDITIONAL RIGHT-IN/RIGHT-OUT PROPOSED ON OVERLAND, SHOWN ON THE CONCPPT PLAN ATTACHED IN EXHIBIT A, MUST BE OBTAINED WITH PRELIMINARY PLAT OR CERTIFICATE OF ZONING COMPLIANCE APPLICATION.) 5.1 SITE SPECIFIC CONDITIONS OF APPROVAL THIS APPLICATION IS FOR A REZONE AND ANNEXATION ONLY. UPON SUBMITTAL OF A DEVELOPMENT APPLICATION ACHD WILL REVIEW THE TRANSMITTED SITE PLAN AND APPLICATION, AND LEVY FORMAL REQ UIREMENTS AT THAT TIME. 5.1.1 Widen the pavement on Stoddard Road and construct vertical curb, gutter, 7-foot attached (or 5- foot detached) concrete sidewalk to one-half of a 46-foot collector street section abutting the site. 5.1.2 Construct two full-access curb return driveways on Stoddard Road to a maximum width of 36- feet. The first driveway shall be located approximately 350-feet south of the signalized intersection with Overland Road, and the second driveway shall be located at the south property line. 5.1.3 Construct two full-access curb return driveways on Overland Road to a maximum width of 36- feet. The first driveway shall be located approximately 435-feet east of the Stoddard/Overland intersection and in alignment with the easternmost driveway for the Mountain View Equipment site on the north side of Overland Road. The second driveway shall be in alignment with the private road, Blue Marlin Drive. 5.1.4 Grant a cross access easement to the adjacent development (Brighton, MCZC-07-054) to connect the drive aisle at the signalized intersection on Overland Road to the public stub street (Alaska Street) located at the south property line of the adjacent parcels. The easement may be circuitous and maybe for drive aisles within the parking lots of both developments. The District shall review and approve the language of the easement prior to recording to ensure it is meeting the intent of the Findings of this report. 5.1.5 Other than the access specifically approved with this application, direct lot access is prohibited to Overland Road and Stoddard Road. 5.1.6 Comply with all Standard Conditions of Approval. 5.2 STANDARD CONDITIONS OF APPROVAL 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. Exhibit $ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 5.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 5.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5.2.5 Comply with the District's Tree Planter Width Interim Policy. 5.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 5.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 5.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 5.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confu7nation of any change from the Ada County Highway District. 5.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 C. Legal Description & Exhibit Map Unlimited Rr>unduriP.r, Inc dLu AIS Land Serveying & Civil Engineering ~ ~ n? U• Meu, Sr :~Sdmnoa, Idaho a ~r+ DO/-SiS~NLS11 20f•SES-9001 Fri ANNEXATION DESCRIPTION TO THE CITY OF MERIDIAN FOR JAMES PRATHER The following describes a Parcel of real property being a portion of the NE '/, of Section 24, T. 3 N.. R 1 W., B.M.. Meridian, Ada County, Idaho, and being more particularly described as fdbws: COMMENCING at the Northeast Comer of said Section 24, marked by a Brass Cap; Thence abng the Northerly Boundary Line of the NE '/. of said Section 24, North 89°46'34" West,1309,40 feet to a point being on the Prolongation o/the Easterly Boundary line of that Certain Parcel of Land as shown on Record of Survey No. 5452, filed for Record as Instrurnent Number 101067359, Records of Ada County, Idaho, the POINT OF BEGINNING: Thence leaving said Northerly Boundary Line, and abng said Eastery Boundary Line, and it's Prolongation, South 00°45'05" West, 753.61 feet to the Southeast Comer of said Parcel of Land; Thence leaving said Eastery Boundary Line, and it's Prolongation, and abng the Southery Boundary Line of said Parce! of Land, and it's Prolongation, North 89°46'34" West, 1310.83 feet to a point on the Westerly Boundary Line of the NE Y. of said Section 24; Thence leaving the said Southerly Boundary Line, and it's Prolongation, and abng the Westerly Boundary Line of the NE'/. of said Section 24, North 00°51'53" East, 753.63 feet to the Northwest Comer of the NE '/. of said Section 24; Thence leaving said Westerly Boundary Line, aril along the Northerly Boundary Line of the NE '/. of said Section 24, South 89°46'34" East, 1309.44 feet to the POINT OF BEGINNING: Said parcel of land contains 22.67 acres more or less. SUBJECT TO: All easements or reservations of Record or in use being on or across the above described parcel of land. A BY APR ~ , . MERIDtaN AUBUG WORKS DEPT. Pegs 1 4/3/2007 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 20t?7 120~N0 ~..~ ~ rr~ • tiw-tir • +ww~• MNrw w~~ N w~f 'r~If ~~, ~, ~ ~ ~j ~ ~~ ~ ~:... i t - "' ~. iE ~,~~~ ~ ~ ( ! ~ I { ~ r _ I ~ ~ li ~, f i ' I ~~ j' ~jj~ ~ M~ ~. , ~ ~ ` .A...~.,. '.... ~ • ~_. ~ 1 ~..., ~ ~ ~~B~O fit.(' 1 ~, ~ I ` f 8z i i I ~' ~j E r a~: ass ~az #~ A~NI Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commussion, the Council shall make a fuIl 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 C-G. 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; No development is proposed concurrent with the zoning map amendment. The Council fmds that there are several uses that are allowed and conditionally allowed within the requested zoning district of C-G. If the applicant complies with the conditions outlined in the development agreement, the Council fmds that the proposed commercial district will be in compliance with the specific district regulations. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; If the applicant enters into a Development Agreement and complies with the provisions, the Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when 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 (LTDC I1-SB-3.E). The C-G zoning amendment will provide commercial area that is similar in nature to existing and proposed commercial development in the vicinity. The Council fmds 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 C-G would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D