Gardner-Ahlquist Gateway South AZ 07-012ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 45
BOISE IDAHO 09127107 01:39 PM
DEPUTY Patti Thompson ~~~ ~~'~~~~~~~~~~~I~~~~~~~~~~~~~~~~~ ~~~
RECORDED-REQUEST OF
City of Meridian 147134668
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Ahlquist Development, LLC, Developer/Owner
THIS DEVELOPMEy~~j""T~.""""" ~~pA~p,~~~~,,GREEMENT (this Agreement), is made and
entered into this day of c~P.,~l~~/f' , 2007, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CITY, Ahlquist Development,
LLC, whose address is 13901 W. Wainright, Suite B, Boise, Idaho 83713, hereinafter called
DEVELOPER/OWNER.
1. RECITALS:
1.1 WHEREAS, Developer/Owner 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. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Developer/Owner make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, Developer/Owner has submitted an application for
annexation and re-zoning of the Property described in Exhibit A, and
has requested a designation of (C-G) General Commercial),
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Developer/Owner made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
DEVELOPMENT AGREEMENT (AZ 07-012 GARDNER/AHLQUIST GATEWAY SOUTH)
PAGE 1 OF 11
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 28`" day of August, 2007, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Developer/Owner to enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 DEVELOPER/OWNER deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their urging and
requests; and
.1.10 WHEREAS, City requires the Developer/Owner to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement, herein
being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 07-012 GARDNBR/AHLQUIST GATEWAY SOUTH)
PAGE 2 OF 11
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 DEVELOPER/OWNER: means and refers to Ahlquist
Development, LLC, whose address is 13901 W. Wainright, Suite B,
Boise, Idaho 83713, the party that owns and is developing said
Property and shall include any subsequent owner(s) and/or
developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re-zoned C-G (General
Commercial District) attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian City
Code Section 11-2B which are herein specified as follows:
S Commercial lots on 22.3 acres in the proposed C-G zone and
construction of a private street for Gardner Ahlquist Gateway
South and the pertinent provisions of the City of Meridian
Comprehensive Plan applicable to this AZ 07-010 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ 07-012 GARDNER/AHL,QUIST GATEWAY SOUTH)
PAGE 3 OF 11
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Developer/Owner shall develop the Property in accordance with the
following special conditions:
5.1.1 All future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare
or odors.
5.1.2 All future development of the subject property shall comply with
City of Meridian ordinances in effect at the time of development.
5.1.3 The Applicant shall be responsible for all costs associated with
sewer and water service installation.
5.1.4 The following shall be the allowed uses on this property: Permitted
and Accessory uses within the C-G zone. All Conditionally
Permitted uses in said zone shall be subject to CUP approval.
5.1.5 The Applicant shall be responsible to obtain a Certificate of Zoning
Compliance (CZC) permit and administrative design review
approval from the Planning Department for all new construction on
the subject property.
5.1.6 The site shall develop generally consistent with the submitted
concept plan and shall include between 165,000 - 208,000 square
feet of combined office and retail space (between 492,000 -
674,000 square feet total, including the north phase). A minimum of
3 buildings shall be required on this site (11 total, including the
north phase). No single building within the Gardner-Ahlquist
Gateway South Subdivision shall exceed 100,000 square feet.
5.1.7 All buildings on the site shall be generally consistent with the
conceptual office and retail elevations submitted with the Gardner-
Ahlquist Gateway Subdivision. All buildings shall also be subject
to the City's Administrative Design Review.
5.1.8 Any buildings located adjacent to Eagle Road shall have
architectural elements and enhancements consistent with the
submitted elevations on all facades that face Eagle Road.
5.1.9 Locate a minimum of two buildings (5 buildings total, including the
north phase) abutting the landscape buffer along Eagle Road.
5.1.10 No direct access to Gardner-Ahlquist Gateway South shall be
allowed from Eagle Road / SH 55.
DEVELOPMENT AGREEMENT (AZ 07-012 GARDNER/AHLQUIST GATEWAY SOUTH)
PAGE 4 OF 11
5.1.11 The Applicant shall obtain a recorded agreement which allows the
Gardner-Ahlquist properties access to and through the private
property located at the southeast corner of the Montvue Park
Subdivision (Lot 2, Block 5). Said document must also reciprocate
access to said property to and through the Gardner-Ahlquist
Gateway Subdivisions.
5.1.12 A continuous 35-foot wide landscape buffer shall be constructed
adjacent to Eagle Road.
5.1.13 The Applicant shall be responsible for the construction of a 10'-
wide multi-use pathway (with a public use easement) and the
installation of street lights and landscaping along Eagle Road / SH
55 that is consistent with the Eagle Road Corridor Study.
5.1.14 Prior to the issuance of any building permit, the subject property
shall be subdivided, as proposed on the submitted Preliminary Plat.
5.1.15 The Applicant shall complete all required site improvements prior
to obtaining Certificates of Occupancy for the proposed
development.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Developer/Owner or Developer/Owners heirs, successors, assigns, to
comply with Section 5 entitled "Conditions Governing Development of Subject Property" of
this agreement within two years of the date this Agreement is effective, and after the City has
complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any
subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Developer/Owner consent upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Developer/Owner and if the Developer/Owner fails to
cure such failure within six (6) months of such notice.
8. INSPECTION: Developer/Owner 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 07-012 GARDNER/AHLQUIST GATEWAY SOUTH)
PAGE 5 OF 11
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
9. DEFAULT:
9.1 In the event Developer/Owner, or Developer/Owner's heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be modified or
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by City of any default by Developer/Owner of any one or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Developer/Owner's cost, and submit proof of such recording to Developer/Owner, 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 the City or Developer/Owner, 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 Developer/Owner shall have thirty (30) days after
DEVELOPMENT AGREEMENT (AZ 07-012 GARDNBR/AHLQUIST GATEWAY SOUTH)
PAGE 6 OF 11
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 Developer/Owner or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code, to insure that installation of the improvements, which the
Developer/Owner agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Developer/Owner agree that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developer/Owner have entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Developer/Owner agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
DEVELOPMENT AGREEMENT (AZ 07-012 GARDNER/AHLQUIST GATEWAY SOUTH)
PAGE 7 OF 11
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
DEVELOPER/OWNER:
Ahlquist Development, LLC
13901 W. Wainright, Suite B
Boise, ID 83713
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 tune 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 Developer/Owner of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
DEVELOPMENT AGREEMENT (AZ 07-012 GARDNER/AHLQUIST GATEWAY SOUTH)
PAGE 8 OF 11
upon written request ofDeveloper/Owner, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Developer/Owner have fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Developer/Owner and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Developer/Owner and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and/or conditions governing re-zoning 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 07-012 GARDNER/AHLQUIST GATEWAY SOUTH)
PAGE 9 OF 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER/OWNER:
AHLQUIST DEVELOPMENT, LLC
By:
CITY OF MERIDIAN
By:
MAYOR A Y de WEERD
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Attest: ,,.~`~~~ '%~
T ~ '~
FO
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CITY CLERK ~ ~`'
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DEVELOPMENT AGREEMENT (AZ 07-012 GARDNER/AHLQUIST GATEWAY SOUTH)
PAGE 10 OF 11
STATE OF IDAHO, )
County of Ada,
ss
On this ~ day of ~~~- , , 2007, before me, the undersigned, a Notary
Public in and for said State, personally a feared 7" ~jjQ~q~'~~'~Gr~i~,~~
known or identified to me to be the ~ ~ of Ahlquist Development,
LLC, acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
4•~ KA1yS~, •
(SEAL) ~ ~ATA~r ~
~ "" ~~ - "t u • is for I o _
y~~ ~ ~'L.e LAG ~ . ~;~ Residing at: p ~ Q ~pc~fd~~7~
•~~,~ ~ ~,. ,r0~.+' My Commission Expires: ~ d
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STATE OF IDAHO ) •
ss
County of Ada )
On this 2.5~ da of
Y ~'~'CfY1 kX,/ , 2007, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed
the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the d~~~y~~r in this certificate first above written.
i ~ ~~"!'' ~, ~ i
(SEAL) ~ Notary Public for Idaho
~ ` ; Residing at: ~ (~u fj ~ ; b
.~~,. ~ IC ,,% ~: Commission expires: ~~-1 l_1 S
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DEVELOPMENT A~i ~ t„RTT (AZ 07-012 GARDNER/AHL,QUIST GATEWAY SOUTH)
PAGE 11 OF 11
EXHIBIT A
Legal Description
Yflle:~1 ~ .
t7VIL AND STRL't'TURAL Q1'CN'£ERGVG
EXHIBIT A.
Annexation Description- Rev: 'D
For Gardner-Ahtqust Gateway Development
Job No. 0,632U.ApriP 1~3, 2007
A portion of the NVN1'%4 of Section 16, T3N, R1E, B.M., Ada County,.ldaho, as follows:
BEGINNING at found Brass Cap monument marking the' Northwest Comerof sa(d Section 16,
as shown on Corner Perpetuation Record, Inst. No. 99007475, Ada County Records;
thence along the North Line of said Section 16, South 89°20'11" East, 101.5.45 feet, to a point on
the East Line of Montvue park Subdivision, extended north .to said Section Line, as per the plat.
thereof, in Book 17, at Page 1107-1108, Ada. County plat Records also- being. a point on the
West Line of Touchmark Living Center Subdivision No. 1, in Book 89, at Page. i 031;3-10316,.
Ala County Plat Records,.-also extended north to said Section Line;. '
thence along the boundaries-common to both said subdivisions, South 00°11'43" East, '111'1.19
feet; to the southeast corner of Lot 1,. Block 5, of said Montvue Park Subdivision, which' is the
POINT OF THE BEGINNING;
thence-along said cdinmon boundary, South 00°11'43"East, 247,94 feet, to the southeast
cornerof Lot 2, Block 5, of said Montvue. Pack Subdivision;
thence along the South Line of said Montvue Park Subdivision, North 89°213'4:1" West, 1011J2
feet to a point on the Centerline of S. Eagie~Road, at P.O.C. •station 49+76,37,. as shown on the
plans of Eagle Road, F.A.P. Project No. F-3271 (44) and a 5729.58 foot radius curve to he.lett;
thence, along said carve and Centerline, an arc length of 66.66 feet,. through a centcai angle of
0°40'0.0", and having. a_chord which bears North 00°02'14`'1Nest, :66.66 feet to P.T, staton
SO+43.03;
thence continuing along said Centerline now coincident with the West Line of said Section t6,
North 00°22'14" West; 409.55 feet;. to station 54+52.99;
thence. IeaVing said Centerline of S: Eagle Road along th'e Line comrrion to said Lots.6 and 7,
Block 5. of Montvue Park Subdivision,, and extending westerly, .South 89°30'07" East, 226:03
feet, to a found 1/2 inch rebar marking the corner common to'Lots'6, 7, 9 and 10 of Block 5. in
said Montvue Park Subdivision
thence along tht3 Line common to Lots 8 and; 10, Block 5, South 89°30'24" East, 179.37 feet, to
a point on the Line common to Lots 9 and 10, in Block 5 of said Montvue. Park Subdivision,
.extended east to the Centerline of W. Montvue Drive;
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thence along said Centerline,. South 00°'1;2'1'9" East, "122:02 feet;
thenceaeaving, said Centerline, South 69°30'09".East,, 200.23 feet, to a,pointon ttre Line
common'to Lots 1 and 2, Block 4 of said plat of Montvue Park Subdivision;
thence along said common Line.;, South 00°i2`1:8!' East, 18.1'2 feet;
thence leaving said. common Line; .South 89°30'09" East, 199.73'feet, 'to. a: point on the
Centeriine~of E, Montvue Drive, as shown on~said plaf of~Montvue Park.Subdivision;
thence along said Centerline; South 00°'12''19" Easf,; i 19.;58 feet;
thence leaving said Centerline, along .a dine extended from the_ South Line of said Lot 1, Block 5,
South 89°1:4'l)0" East, 20.7,40 feet, to the POINT OF BEGINNING.
EXCEPTING Lo't 2; Block 5, acid the €asY40 feet of Lot 3; Block 5.
Containlgg 316;152 square feet; or 7.27 acres, more or less; and subject to any easements or
rights of way of record: or otherwise existing.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of the Annexation and Zoning of 6.67 acres from R-1 (Ada County) to C-G
(General Retail and Service Commercial) AND Preliminary Plat approval of 5 commercial
lots in the proposed C-G zone AND construction of a private street, for Gardner-Ahlquist
Gateway South, by Ahlquist Development, LLC
Case No(s). AZ-07-010, PP-07-012 and PS-07-005
For the City Council Hearing Date of: August 14, 2007 (Findings on the August 2$, 2007
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 14, 2007
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 14, 2007
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
14, 2007incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August 14, 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-07-010, PP-07-012, AND PS-07-005
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of August 14,
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 Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated April 13, 2007 is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of August 14, 2007 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, maybe considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council maybe granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-O10, PP-07-012, AND PS-07-005
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached.: Staff Report for the hearing date of August 14, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-O10, PP-07-012, AND PS-07-005
By action. of the City Counci at its regular meeting held on the
v`a / 2007.
_ ~~~~
COUNCIL MEMBER DAVID ZA'REMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY ae WEERD
2 Pi ~ aay of
V OTED__ G~~f~~
V OTED__~~~~
VOTED___~~~'
VOTED___G~~+-~
VOTED J~
ATTEST: ~ ~ ~~f~o ~~ ~_
~~'~.~ -_
WILLIAM. G. BERG JR., Y LERK; O,~ ~"~ ~ P~~\
\~.~
.,~~
,,;
Copy served. upon: Applicant
~Iannng Department
Public Works Department
~ity Attorney
gy. Dated: ~'~~~ _ -
Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). A7_-07-010, PP-07-012, AND PS-07-005
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF AUGUST 14, 2007
STAFF REPORT
Hearing Date: 8/14/2007
TO: Mayor & City Council
FROM: Amanda Hess, Associate City Planner
884-5533
SUBJECT: Gardner-Ahlquist Gateway South
• AZ-07-010
i
'' crrv rip _
~~%1'L~l'1G~1CFlI ~ Y
iunHo
~- tlg
Annexation and Zoning of 6.67 acres from R-1 (Ada County) to C-G
(General Retail and Service Commercial), by Ahlquist Development, LLC
• PP-07-012
Preliminary plat approval of 5 commercial lots on 6.67 acres in the proposed
C-G zone
• PS-07-OOS
Application for 1 private street within the proposed Gardner-Ahlquist
Gateway South development
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Ahlquist Development, LLC, has applied for Annexation and Zoning of 6.67 acres from
Rl (Ada County) to C-G (General Retail and Service Commercial) and Preliminary Plat approval of 5
commercial lots and 1 private street lot in the proposed C-G zone. The Applicant intends to develop a
large office and retail center on this site that would include several office buildings and some smaller-
scale commercial structures.
The subject property is located near the southeast comer of Franklin Road and Eagle Road / SH 55 in
Section 16, Township 3 North, Range 1 East. This site is composed of multiple lots within the existing
Montvue Park Subdivision (Ada County). The site contains various existing homes and associated
outbuildings that will be removed /relocated at the time of development. This property is located within
the City of Meridian's Area of Impact and Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
Generally, the Planning Director is the final decision maker on Private Street applications.
However, because the City Council is the final decision malting body on the Annexation and
Preliminary Plat applications, ail of the subject applications are being combined into one staff
report. The Commission must make a formal recommendation to the Council on the Annexation
and Zoning and Preliminary Plat applications, as those are public hearing items. The Commission
should also review and make recommendations regarding the private street application, if
necessary, as that application is key to the current layout of the proposed development.
The subject applications (AZ-07-010, PP-07-012, & PS-07-005) were submitted to the Planning
Department for concurrent review. Staff has provided a detailed analysis and recommended conditions
of approval for the requested Annexation and Zoning, Preliminary Plat, and Private Street applications.
Staff is recommending approval of the proposed Gardner-Ahlquist Gateway South Subdivision
subject to the conditions listed in Exhibit B of the Staff Report.
Gardner-Ahlquist Gateway South - AZ-07-010, PP-07-012, & PS-07-005 PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
The Meridi n Plannin and Zoning Commission heard this item on Ju 5 2007. At the ublic
hearing the Commssion voted to recorpmend approval.
a. Sum ary of Commission Public Hearing:
i. In favor: Pamela Hal~Applicant's Representative) & Bryan Foote (Applicant's Engizteer)
ii. In opposition: None
iii. Commenting. None
iv. Written testimony: None
v. S~Qresenting~aUUlication: Amanda Hess
vi. Other Staff commenting on application: None
b. Kev Issues of Discussion by Commissions
i. That the Council had approved a right in /right-out /left-in with Gardner-Ahlauist
Subdivision (Phase D, on Franklin Road not in keeQin with the Commission's
recommendation for aright-in / right-out only:
ii. That The Applicant will be submitting., for a deye~pment agreement modification to
ultimate) combine the s orate develo went a Bement rovisions for Gardner-Ahl utst
Gateway and Gardner-Ahlquist Gateway South into one DA document;
iii. The existing_and proposed landscapin along St. Luke's. Street: and
iv. That Staff did obtain from the A i ant a recorded a Bement which allows the Gardner-
Ahl ist ro ernes access to and throu the rivate roe .located at the southeast
corner of the Montvue Park Subdivision l:,0 2 Block 5 .
c. Ke Commission Chan es to Staff R ommendation:
i. N., one
d. utatandin Issue s for Ci Council:
i. None _ _ _ ..
a~
i. In favor Tom Ahlauist (Property Owner)
ii. In opQositipn_None
iii. ommentine: None
iv. Written testimony: None
v. taf~ps entine annlication:.An-na~~ ~n
vi. Ot er staff commentine on annlication: None
h. Key Ys9ues of riiaonasion by C uncil:
i. Tl~e annlicant asked t e Council_f~* cla_*ity regarding the10' nathwav )QSaIr~~hin
the 35' landscape bufif~2n° FaoIP Rd. Counci was ok wit t e 5' n~. 5u~ conc.~1~
~~EaRle Rd.
i
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-07-
O10 and PP-07-012 (PS-07-005 optional), as presented in the staff report for the hearing date of
August 14, 2007, with the following modifications: (add any proposed modifications)
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Numbers AZ-07-010
and PP-07-012 (PS-07-005 optional), as presented during the hearing on August 14, 2007, for the
following reasons: (state specific reasons for denial of the annexation and / or preliminary plat
Gardner-Ahlquist Gateway South - AZ-07-010, PP-07-012, & PS-07-005 PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
request)
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number AZ-07-
O10 and PP-07-012 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:
South /southeast of the Franklin Road and Eagle Road intersection
Section 16, T3N, R1E
b. Owner /Applicant:
Ahlquist Development, LLC
13901 N. Wainwright, Suite B
Boise, ID 83713
c. Representative: Pamela Hall, Timberline Surveying, PLLC
d. Present Zoning: Rl (Ada County)
e. Present Comprehensive Plan Designation: Commercial
f. Applicant's Statement /Justification:
"The applicant is proposing a mixed use development targeting high-end users. The proposed
uses include shopping, restaurant services, general office, and medical office."
5. PROCESS FACTS
a. The subject application will, in fact, constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. The subject application will, in fact, constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of UDC 11-5, a public hearing is required before the City
Council on this matter.
c. Newspaper notifications published on:
June 18, 2007, and July 2, 2007 (Planning & Zoning Commission)
July 23.2007, and Au ugust 6, 2007 (City Council)
d. Radius notices mailed to properties within 300 feet on:
June 12, 2007 (Planning & Zoning Commission)
Ju1~20, 2007 (Gifu Council)
e. Applicant posted notice on site by:
June 25, 2007 (Planning & Zoning Commission)
August 4.2007 (City Council)
6. LAND USE
a. Existing Land Use(s): Single family rural residential
Gardner-Ahlquist Gateway South - AZ-07-010, PP-07-01'2, & PS-07-005 PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGCJST 14, 2007
b. Description of Character of Surrounding Area: This site is surrounded by various uses and
zoning designations. Of note, are the St. Luke's Regional Medical Center to the south and the RC
Willey complex to the north. This area is rapidly transitioning into one of the city's largest and
most visible business and retail areas.
c. Adjacent Land Use and Zoning
1. North: Gardner-Ahlquist Gateway, Phase I, zoned C-G
2. East: Touchmazk Living Center, zoned L-0
3. South: St. Luke's Regional Medical Center, zoned L-O
4. West: Eagle Road, offices and homes, zoned L-O and R2 (Ada County)
d. History of Previous Actions:
In March of 2007, the Planning & Zoning Commission heard a request for annexation for 22.3
acres and preliminary plat for 11 commercial lots for the Gazdner-Ahlquist Gateway Subdivision.
This property is located just north of the subject site. Originally, the applications included both
the 22.3-acre and the 6.7-acre portion (the subject application) as one development. For various
reasons, the Applicant chose to divide the annexation area into two parts. The subject application
will complete the Gardner-Ahlquist Gateway development.
The Gardner-Ahlquist Gateway Subdivision was granted approval subject to a development
agreement. Several items included in said agreement included the allowed number and square
footages of buildings and uses for the entire site (both phases). As there are two separate phases
of development, two separate development agreements would normally be required; one
exclusive to the first phase, Gazdner-Ahlquist Gateway Subdivision, with annexation and platting
of that site; and one for this phase, Gardner-Ahlquist Gateway South.
The Commission should note that the Applicant is in the process of submitting a development
agreement modification application to "clean up" the DA for the Gardner-Ahlquist Gateway
Subdivision to outline the uses / squaze-footages exclusive to that phase, and also to incorporate
any development agreement requirements included with the Gazdner-Ahlquist Gateway South
approval, the subject application. Condensing both development agreements into one will benefit
the City and Planning Staff, as this will be easier to for Staff to regulate the allowed uses for the
entire property by having only one document to refer to.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: This property is proposing sewer from mains in Franklin Road.
Location of water: There are currently water mains in Franklin and E. Louise Drive.
Issues or concerns: None.
2. Vegetation: There are some existing trees on the site that should be protected or
mitigated for.
3. Floodplain: N/A
4. Canals /Ditches /Irrigation: The Snyder Lateral courses through the subject site in an
east/west direction.
5. Hazards: N/A
6. Proposed Zoning: C-G
Gardner-Ahlquist Gateway South - AZ•07-010, PP-07-012, & PS-07-005 PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
7. Size of Property: 6.67 acres
f. Landscaping:
1. Width of street buffer(s): Per the Future Land Use Map, Eagle Road is designated as an
"Entryway Corridor" adjacent to this site. As such, the UDC (Table 11-2B-3) requires a
35-foot wide street buffer adjacent to said roadway. The landscape plan (Sheet Ll)
proposes a 35-foot wide buffer along Eagle Road. Landscape buffers along streets should
be either placed in a separate common lot or a landscape easement outside of the ultimate
right of way line.
2. Percentage of site as open space: The UDC does not require open space or site amenities
for commercial developments.
3. Other landscaping standards: Landscaping within the proposed panting lot areas should
be constructed incompliance with UDC 11-3B-8.
g. Proposed and Required Non-Residential Parking: One off-street parking space is required for
every 500 square feet of gross floor area. Also, one Type A and one Type B parking space
required for the loading areas (per UDC 11-3C-8). No buildings are proposed with the subject
application. Staff will monitor the square footage of each building as it is submitted for CZC
approval to ensure that adequate parking is provided.
h. Summary of Proposed Streets and/or Access: With the approval for the 22.3-acre Gardner-
Ahlquist Gateway Subdivision, the Applicant was approved for aright-in /right-out access to
Eagle Road and aright-in/right-out/left-in access to Franklin Road. Primary access to this
development will be through the Gardner-Ahlquist Gateway Subdivision via said accesses.
Alternate access will also be available to the subject property via a private driveway at the south
property line which connects to an existing street, St. Luke's Street. These access points and other
access issues are further discussed in Section 10 of this report. ACRD is supportive of the
proposal as long as all Site Specific and General Requirements are met (See Exbibit B-5).
7. COMMENTS MEETING
On June 1, 2007, Planning Staff held an agency comments meeting. The agencies and departments
present included: Meridian Fire Department, Meridian Police Department, Meridian Public Works
Department, and the Sanitary Services Company. Staff has included all comments and recommended
actions as Conditions of Approval in the attached Exhibit B.
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 the Commercial district as providing "a full range of commercial and
retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses,
multi-family residential, as well as appropriate public uses such as government offices. Within this land
use category, specific zones may be created to focus commercial activities unique to their locations.
These zones may include neighborhood commercial uses focusing on specialized service for residential
areas adjacent to that zone." The Applicant is requesting to rezone this property to C-G, which is
consistent with the comprehensive plan designation for this area.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis below policy in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services
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
Gardner-Ahlquist Gateway South - AZ-07-01'0, PP-07-012, & PS-A7-005 PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
to be annexed in the following manner:
- The subject lands currently lie within the jurisdiction 'of the Meridian Rural Fire
Department. Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
- The 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 (ACHD) and the Idaho Department of Transportation
(ITD). This service will not change.
- The subject lands are currently serviced by the Meridian School District #1. 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, Obj active B -Plan for a variety of commercial and retail opportunities
within the Impact Area.
Staff finds that the site is designated "Commercial " on the Comprehensive Plan Future Land Use
Map. Staff believes that over time, a variety of office and commercial opportunities will be
provided on this site.
Chapter VII, Goal I, Objective D -Encourage appropriate land uses along transportation
corridors
Staff believes that the proposed development is appropriate along the adjoining transportation
corridor (Eagle Road / SH SS and Franklin Road). This development project will be highly visible
and help to define the entrance to the city. Access the SH SS is discussed in greater detail below.
Chapter VII, Goal III, Objective A, Action 1 -Ensure the ease of mobility of people and goods
by implementing access control measures on major transportation corridors
With the approval for the 22.3-acre Gardner-Ahlquist Gateway Subdivision, the Applicant was
approved for aright-in /right-out access to Eagle Road and aright-in/right-out/left-in access to
Franklin Road. Staff believes that as long as no new driveways to Eagle Road are proposed,
access to this site conforms to the UDC and staff believes the potential for traffic problems onto
the aforementioned roads is minimized.
.Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along
transportation corridor (setback, vegetation, low walls, berms, etc.)
By Ordinance, a minimum 3S foot wide landscape buffer along all entryway corridors is
required. The Applicant is proposing to construct 35 foot wide street buffers along the adjacent
arterial streets (Eagle Road and Franklin Road).
9. ZONING ORDINANCE
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, offices uses, and service-based
industries are either principally or conditionally permitted uses within the C-G zone.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Plan. Four
Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location of
the district in proximity to streets and highways.
Gardner-Ahlquist Gateway South - AZ-07-010, PP-07-012, & PS-07-0OS PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION AND ZONING
The annexation legal description submitted with the application (prepared on April 13, 2007, by
Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the
City of Meridian.
Concept Plan: The Applicant submitted a conceptual site plan which depicts the entire Gardner-
Ahlquist Gateway development. The concept plan proposes between 492,000 - 674,000 square
feet of combined office and retail space for the site. Approximately 327,000 ~ 466,000 square feet
of said space to be located on the Phase I property, and 165,000 - 208,000 square feet on
Gardner-Ahlquist Gateway South, or Phase II.
The majority of the property will be geared towazds office uses. Staff is supportive of the focus
on office space over retail at this location. The proximity to St. Luke's Regional Medical Center
makes this an ideal area for medical office buildings and other professional users. Staff is also
supportive of the retail element of the proposal which will help to support the high daytime
population that will be present with the amount of office space proposed.
Also included in the concept plan is a redesigned public street network in on the subject property
which was approved with the Gardner-Ahlquist Gateway Subdivision (Phase n. This proposed
street network eliminates much of the existing loop road, Montvue Drive, and creates a more
dtrect east-west and north-south circulation pattern through the site. Further discussion of these
access issues can be found in the Preliminary Plat analysis section below.
Design: This site is located in a very visible section of the City and has the potential to become
one of the City's most recognizable features. The importance of this location makes quality
design essential. Elevations specific to this 6.67-acre "phase," Gazdner-Ahlquist Gateway South,
were not submitted with the subject application. However, the Applicant submitted conceptual
elevations for both office and retail uses within the 22.3-acre Gardner-Ahlquist Gateway
Subdivision. Staff reviewed these conceptual elevations and believed they are high quality
buildings. The Council also reviewed and subsequently approved these elevations for that
Subdivision. Therefore, Stajf recommends that all buildings constructed on the Gardner-
Ahlquist Gateway South Subdivision also be tied to the elevations approved for the Gardner-
Ahlquist Gateway Subdivision.
To ensure a miniTr,um design standard, and as required for development along entryway
corridors, all buildings within the Gardner-Ahlquist Gateway Subdivision (Phase n were deemed
subject to administrative design review, as defined in UDC 11-3A-19. Staff believes said
requirement should also be extended to Gardner-Ahlquist Gateway South, and has made this
requirement a stipulation of the associated development agreement. Staff also believes a
minimum of 3 buildings, as depicted on the submitted site plan, should be required on this 6.67-
acre site to ensure that a variety office and retail space is provided.
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 (LTDC 11-SB-lA). To ensure that all of the provisions in the Development
Agreement (see below) aze complied with, Staff will require that the Applicant obtain CZC
approval from the Planning Department prior to site development, where all site and landscaping
improvements must be installed prior to occupancy.
Gardner-Ahlquist Gateway South - AZ-07-O10, PP-07-012, & PS-07-0OS PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
Development Agreement: UDC 11-SB-3D2 provides the City Council the authority to require a
property owner to enter into a Development Agreement with the City of Meridian that may
require some written commitment for all future uses. Due to the proposed uses and the
visibility of thls site, Staff believes that a Development Agreement is necessary to ensure
that this property is developed in a fashion that is consistent with the Comprehensive Plan
and does not negatively impact nearby properties. if the Commission or Council feels
additional development agreement requirements are necessary, Staff recommends a clear outline
of the commitments of the developer being required.
A Development Agreement (DA) will be required as part of annexing this properly. Prior to
annexation ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezoning ordinance adoption, and the developer. The Applicant
shall contact the City Attorney, Bill Nary, at 888-4433 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 tune of development.
• The Applicant shall be responsible for all costs associated with sewer and water service
installation.
• The following shall be the allowed uses on this property: Permitted and Accessory uses
within the C-G zone. All Conditionally Permitted uses in said zone shall be subject to
CUP approval.
• The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC)
permit and administrative design review approval from the Planning Department for all
new construction on the subject property.
• The site shall develop generally consistent with the submitted concept plan and shall
include between 165,000 - 208,000 square feet of combined office and retail space
(between 492,000 - 674,000 square feet total, including the north phase). A m;n;mum of
3 buildings shall be required on this site (11 total, including the north phase). No single
building within the Gardner-Ahlquist Gateway South Subdivision shall exceed 100,000
square feet.
• All buildings on the site shall be generally consistent with the conceptual office and retail
elevations submitted with the Gardner-Ahlquist Gateway Subdivision. All buildings shall
also be subject to the City's Administrative Design Review.
• Any buildings located adjacent to Eagle Road shall have architectural elements and
enhancements consistent with the submitted elevations on all facades that face Eagle
Road.
• Locate a m;n;murn of two buildings (5 buildings total, including the north phase) abutting
the landscape buffer along Eagle Road.
• No direct access to Gardner-Ahlquist Gateway South shall be allowed from Eagle Road /
SH 55.
• The Applicant shall obtain a recorded agreement which allows the Gardner-
Ahlquist properties access to and through the private property located at the
southeast corner of the Montvue Park Subdivision (Lot 2, Block 5). Said document
must also reciprocate access to said property to and through the Gardner-Ahlquist
Gateway Subdivisions.
• A continuous 35-foot wide landscape buffer shall be constructed adjacent to Eagle Road.
• The Applicant shall be responsible for the construction of a 10'-wide multi-use pathway
Gardner-Ahiquist Gateway South - AZ-07-O10, PP-07-012, & PS-07-005 PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
(with a public use easement) and the installation of street lights and landscaping along
Eagle Road / SH SS that is consistent with the Eagle Road Corridor Study.
Prior to the issuance of any building permit, the subject property shall be subdivided, as
proposed on the submitted Preliminary Plat.
The Applicant shall complete all required site improvements prior to obtaining
Certificates of Occupancy for the proposed development.
PRELIA'IINARY PLAT
Staff believes that the proposed preliminary plat, prepared by Treasure Valley Engineers and
dated April 13, 2007, will substantially comply with the Unified Development Code if all
Conditions of Approval are complied with, as listed in Exhibit B.
Access: As mentioned above, no new access points are proposed to this phase to /from Eagle
Road. The primary entrances into this site will be from the north, via streets and drive aisles
constructed with Gardner-Ahlquist Gateway Subdivision (Phase I). ACRD Staff is generally
supportive of these accesses, as proposed.
The Applicant is also proposing to tie into an existing driveway access via a private street which
is to be located at the southeast corner of the property. The driveway access, located on private
property (Lot 2, Block 5, Montvue Park Subdivision) and not considered a street, connects with
the existing St. Luke's Street for the St. Luke's Regional Medical Center. St. Luke's Street is a
private street, owned and maintained by the hospital; as such, St. Luke's controls access to this
street. Thus, the Applicant must receive an access ingress /egress easement from the hospital to
utilize St. Luke's Street. A document, in fact, has been recorded which allows the Montvue Park
properties to utilize St. Luke's Street.
However, the Applicant must also be provided unrestricted access over the private property
located at the southeast corner of the Montvue Park Subdivision (Lot 2, Block ~ in order to
gain access to St. Luke's Street. Therefore, as Staff is unaware of a recorded document with
allows such, aningress /egress easement must be obtained by the Gazdner-Ahlquist Gateway
development and, subsequently, recorded with the County Recorder. Said document must also
reciprocate access to said private property to and through the Gardner-Ahlquist Gateway
developments.
Prior to signature of the final plat, the Applicant should also provide documentation of a binding
contract that establishes who is responsible for the repair and maintenance of the private street
located on Gardner-Ahlquist Gateway South (LJDC 11-3F-3B4). The private street lot shall be
depicted on the face of the fmal plat (LJDC 11-3F-3B3). Design and construction of the private
street shall comply with UDC 11-3F4. The Applicant should also note that gates aze prohibited on
private streets (LJDC 11-3F-4A4). No on-street parking should be allowed on the proposed private
street. The private street should be signed as "No Parking" as per the Meridian Fire Department's
comments. Please see Exhibit D for the required findings for a private street.
Public Street Realignment /Vacation: As part of the approval for the 22.3-acre Gardner-
Ahlquist Gateway Subdivision, the Applicant wa$ required to vacate the exisring Montvue Park
Subdivision public street system and create the street system that was proposed on the
preliminary plat for with the Gardner-Ahlquist Gateway Subdivision. The Applicant completed
the vacation process with the City in April of this year. ACI® is supportive of the proposal as
long as all Site Specific and General Requirements are met. (See Exhibit B-5)
Landscapipg: Staff is supportive of the proposed landscape plan prepared by Edwards
Landscape Architecture, labeled Sheet L1, dated 5/1612007, as submitted.
Gardner-Ahlquist Gateway South - AZ-07-010, PP-07-012, & PS-07-0OS PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
Ditches, Laterals, and Canals: The Snyder Lateral traverses through this property. Per UDC
11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled.
Pressure Irrigation; The City of Meridian requires that pressurized imgation systems be
supplied by a year-round source of water (iJDC 11-3A-15). The Applicant should be required to
utilize any existing surface or well water for the primary source. If a surface or well source is not
available, asingle-point connection to the culinary water system shall be required. If a single-
point connection is used, the developer will be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the City Engineer. An underground,
pressurized irrigation system should be installed to all landscape areas per the approved
specifications and in accordance with City Code.
Fencing: The Applicant is not showing any fencing on any of the submitted plans. A detailed
fencing plan should be submitted upon Application of the final plat (iJDC 11-3A-7). If permanent
fencing is not to be provided, temporary fencing to contain construction debris must be installed
around the perimeter prior to issuance of a building permit. All fencing should be installed in
accordance with City Code. See Exhibit B below.
Refuse /Service Areas: The submitted landscape plan and preliminary plat do not depict where
the refuse /service areas will be. UDC 11-3A-12 requires the visual and acoustic impacts of these
functions aze fully contained and out of view from adjacent properties and public streets. All
future CZC applications should clearly demonstrate how this standard is met.
b. Staff Recommendation: Based on the above analysis, Staff finds the Preliminary Plat application
generally conforms to the Comprehensive Plan policies and UDC standards. Staff recommends
approval of A~07-010 and PP-07-012 (PS-07-005 optional) subject to the Conditions listed in
Exhibit B and the Development Agreement as outlined in Section 10 of the staff report. The
the Commission voted to recommend sauroval. The Meridian City Council heard these temc on
E~~~~LCt l4 2007 At the nLbli hearin the Connci annroved the subiect AZ PP and PS reauect
11. EI~~ITS
A. Drawings
1. Preliminary Plat (dated April 13, 2007)
2. Landscape Plan (dated May 16, 2007)
3. Conceptual Site Plan
4. Conceptual Office Elevation (from Gardner-Ahlquist Gateway Subdivision)
5. Conceptual Retail Elevation (from Gardner-Ahlquist Gateway Subdivision)
B. Agency Comments and Conditions
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Ada County Highway District
6. Sanitary Services Company
7. Central District Health Department
C. Legal Description
D. Required Findings from Unified Development Code
Gardner-Ahlquist Gateway South - AZ-07-OtO, PP-07-012, & PS-07-005 PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
A. Drawings
1. Preliminary Plat (dated 4/13/200'n
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
3. Conceptual Site Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
4. Conceptual Office Elevations
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CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE 1-IEAR[NG DATE OF AUGUST 14, 2007
5. Conceptual Retail Elevation
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
B. Agency Comments and Conditions
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMENTS
1..1.1 The annexation legal description submitted with the application (prepared on April 13, 2007, by
Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the
City of Meridian.
1.1.2 Prior to annexation ordinance approval, the Applicant shall enter into a Development Agreement
with the City. See Section 10 above for analysis and provisions that shall be included in the
development agreement for this site.
1.2 SITE SPECIFIC REQUIREMENTS -PRELIMINARY PLAT
1.2.1 All comments and provisions of the accompanying Annexation and Zoning application (AZ-07-
O10) and any future development agreement shall also be considered conditions of the
Preliminary Plat (PP-07-012).
1.2.2 The landscape plan prepared by Edwards Landscape Architecture, labeled Sheet Ll, dated
5/16/2007, is approved with the following conditions:
• Construct a 35-foot wide street buffer along the entire frontage of Franklin, and Eagle
Roads. All required landscape buffers shall be exclusive of the ultimate public right-of-
way, exclusive of impervious surfaces, and conform to the design and construction
requirements of UDC 11-3B-7.
• A written certificate of completion should be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan. All standards of
installation should apply as listed in UDC 11-3B-14.
The landscape plan is not to be altered without approval of the Planning and Zoning Department.
No field changes to the landscape plan are permitted. All standards of installation shall apply as
listed in UDC 11-3B-14.
1.2.3 Graphically depict on the face of the final plat a 35-foot wide landscape buffer along Eagle Road.
Said buffer shall either be an easement or within a separate common lot.
1.2.4 Direct lot access to Eagle Road / SH 55 is prohibited.
1.2.5 Prior to signature of the final plat by the City Engineer, the Applicant shall vacate all utility and /
or drainage easements that do not coincide with the proposed preliminary plat.
1.2.6 All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated, prior to signature of the final plat
by the City Engineer.
1.2.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and
waterways being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non-approval submitted to the
Public Works Department prior to construction plan approval. If lateral users association approval
can not be obtained, alternate plans will be reviewed and approved by the City Engineer.
1.2.8 Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
1.3 GENERAL REQUIREMENTS --PRELIMINARY PLAT
1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to UDC 11-3A-17.
1.3.2 The Applicant shall comply with the outdoor lighting standazds shown in UDC 11-3A-11.
1.3.3 The City of Meridian requires that pressurized imgation systems be supplied by a year-round
source of water. The Applicant should be required to utilize any existing surface or well water for
the primary source. If a surface or well source is not available, 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
final plat by the City Engineer. An underground, pressurized irrigation system should be installed
to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and
MCC 9-1-28.
1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as
noted in this report, shall be submitted for the subdivision with the final plat application. Where
the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such
plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed
by Staff.
1.3.5 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If
permanent fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building permit. All fences shall taper down
to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in
accordance with UDC 11-3A-7.
1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
13.7 Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditionaluse does not relieve the applicant of responsibility for compliance.
1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in Franklin
Road. The Applicant shall install mains to and through this subdivision; Applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that aze required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in Franklin Road and E. Louise
Drive. The Applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
2.3 Due to the possible fire flow requirements, mains shall be upsized to a minimum of 10-inch from
the connection in Franklin to the connection in Louise Drive, with an upsized stub to one of the
stubs to the south that would eventually connect to the 12-inch main to the south of this
subdivision in St. Luke's Street.
2.4 This property is on a pressure zone boundary, therefore a Pressure Reducing Valve/Vault shall be
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
installed at the Applicant's expense in a location to be coordinated with the Public Works
Department.
2.5 With the final plat submittal, the construction plans shall show to every lot either a service
installed or main fronting it.
2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.7 The Applicant shall provide a ZO-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.8 A pressurized irrigation system using existing surface water shall be required per City Code.
2.9 The Applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft" being required prior to final plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be
submitted prior to scheduling of apre-construction meeting.
2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The Applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, 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
final plat by the City Engineer.
2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC
shall be removed prior to signature on the final plat by the City Engineer.
2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The Applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.1.3 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being developed shall be tiled. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
required improvements prior to signature on the final plat. These include but are not limited to,
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water.
2.16 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive
final approval prior to occupancy. Other required development improvements, such as fencing,
micropaths, and landscaping may be bonded for prior to obtaining Certificates of Occupancy.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
2.17 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.18 It shall be the responsibility of the Applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewallc, the Applicant shall comply with all American with Disabilities
Act requirements for unobstructed sidewallc access.
2.22 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.23 The Engineer shall be required to certify that the street centerline elevations are set a nMinimum 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.
2.24 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. F1QiE 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 %s" 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'.
f. Fire hydrants shall be place 18" above finish grade.
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 shall have a turning radius of 28' inside and 48' outside radius.
3.5 For all Fire Lanes provide signage, "No Parking Fire Lane."
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST l4, 2007
3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical
clearance of 13'6.
3.7 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.
3.8 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.9 The office/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 yeaz 2010.
3.10 The Applicant shall work with Planning Department Staff to provide an address identification
plan and a sign which meets the requirements of the City of Meridian sign ordinance at the
required intersection(s).
3.11 The Fire Department has concerns about the addressing of the existing house and the address
being visible from the street which the project is addressed off of. Please contact the Addressing
Specialist at 898-5500 to address this concern prior to the public hearing.
3.12 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.13 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.14 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.
3.15 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 azound 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).
3.16 There shall be a fire hydrant within 100 feet of all fire department connections.
3.17 Buildings over 30' in height are required to have access roads in accordance with the Tntemational
Fire Code Appendix D, Section D.105.
3.18 Emergency response routes and fire lanes shall not be allowed to have speed bumps.
3.19 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.
Exhibit $
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST l4, 2007
3.20 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall
be provided with two separate and approved fire apparatus access roads separated by one half of the
maximum overall diagonal dimension of the property or area to be served, measured in a straight line
between accesses. Exception; Projects having a gross building area of up to 124,000 squaze feet
(11520 m2) that have a single approved fire apparatus access road when all buildings are equipped
throughout with approved automatic sprinkler systems. (Remoteness Required)
3.21 The project is anticipated to have multi-story buildings and, therefore, will require aerial
access per the specifications of the IFC, Section D.lOS.
4. POLICE DEPARTMENT
4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed two feet in height. Trees shall have a canopy of no less than six feet.
5. ADA COUNTY HIGHWAY DISTRICT
5.1 SITE SPECffIC CONDITIONS OF APPROVAL
5.1..1 Comply with requirements of TTD and City of Meridian for the Eagle Road frontage. Submit to
the District a letter from ITD regarding said requirements prior to District approval of the final
plat or issuance of a building permit (or other required permits), whichever occurs first. Contact
the District III Traffic Engineer at 334-8340.
5.1.2 Dedicate 60 feet ofright-of--way from the centerline Franklin Road abutting the site.
5.1.3 Construct the internal streets as a 40-foot street section with two 20-foot travel lanes, vertical
curb, gutter, and 5-foot concrete sidewalks within 54 feet of right-of--way, as proposed.
5.1.4 Construct one temporary turnaround on Lot 2, as proposed.
5.1.5 Submit a vacation application for the existing right-of--way on N. Montvue Drive to be vacated or
exchanged. If the vacation /exchange is not approved by the District through the separate
process, the Applicant will be required to improve the existing roadways to current public street
standards
5.1.6 Construct one roadway (E. Louise Drive) to intersect Eagle Road located approximately 200 feet
north of the south property line (measured property line to centerline).
5.1.7 Construct one roadway to intersect Franklin Road located approximately 360 feet west of the east
property line (measured property line to centerline). Design and install a median to construct on
Franklin Road that will restrict this roadway to left-in /right-in /right-out only.
5.1.8 Other than the access specifically approved with this application, direct lot access is prohibited to
Eagle Road and Franklin Road, and shall be noted on the final plat.
5..1.9 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.
5.2.2 Private sewer or water systems are prohibited from being located within any ACRD 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 may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280 (with
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
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 yeazs 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 ACRD 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 aze 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 ACRD 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 confirmation 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 awaiver /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.
ti. SANITARY SERVICES DEPARTMENT
6.1 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they
intersect a public street.
7 CENTRAL DISTRICT AEALTH DEPARTMENT
7.1 After written approval from appropriate entities is submitted, we can approve this proposal for:
central sewage and water.
7.2 The following plans must be submitted to and approved by the Idaho Department of
Environmental Quality: central sewage and water.
7.3 Run-off is not to create a mosquito breeding problem.
Exhibit B
CITY' OF iVIERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST }4, 2007
C. Legal Description
• Y~Y
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EXHIBIT A
An~texation D~scriptioti R®v~ D
for Gardtner,Ahlquist Gateway D®valopment
,fob No..Ot33Z0 Apd! 1.3, 2007
A pgtion of tf-®NWt/4 of Sedlat 16, fi3N, R7E, ~B:M., Ada •Coutttlt, Idaho, as foltiyevsa
6~INWNO at.fotmd Brass Cap tt.matking the•F1oi!lriYest Comer.ot said Section 18,:
as. allnwn on Coiner potion k2ecotd, Inst. No: 99007`475, Ada Courrtyr Records;.
tf-ar-oe along the' North Line of said 8ectiori 18, South t~°20'11" Eaat, 101`x:45 te~t,'to. e.pnint on
eta Eaat Una. of Monknre.Park S~divisfpit, extended rtoNt :La 8sdd t3ection Une; ss per the plM
thar~0of, in k3ook 17, e1 Pape 1107-1 iOB, Ada :Cpunty P~t.Recorde etso be(n9 a: Doi~crtt~
Went Une.af:Touchrtrark f~ Center ~ No. /, to BQOkt 88, at Page't0913-t031t}:
Ada Carr Plat Ftecorde, slao sa4ended norms to said Sectlort (+ine: .
lhgr~e a~ttg tt-s boi~ndatlea~ common to k~ s~ subdlvlelonm, Soli l70"'t 7'43"` Esst;111 ?.19
met: ~ t1t~ aout#t~aaYcorrrer of Lott., . Bltkek. t3; of said MontYUe Park tiutid'~on, which. is xl'te'
ppIN1• ~ TH8 BSt31NNiNO;
thence along said crornirrorr bourMary, South 00°11'43" Z~9T.94 feel, to•the sQUtheaeti.
comer of loot 2, 8lodt S; of said 1~lontvu6 I'artc SabdfYisian;
thence elol>g the South I.tne:of said. MoMWe Pack Suisdivtsbrt, NoAh t39~'2t3'41" West;1011;Z2
f~el.to a.po1M on'the Certteillne ol.S. E~Ole Road,. P:O.C, etatkon 4g+78:37,•aa•~horw't oreth~
pleidg of E~ Road, FA.P. praJtat.l+lo. F~327? (44) :end a67Z8.55 foo!• r8d~fu~~ve.a U~t~ ieft~
thence, atong'eald auks and Certteriina an arc lattglh ot~6t3.t38 feet, tttrouph a central ample of
0'40'00"., and.fiavutg. a chard vrFilah beers Norfh 00°02'1~4"UYesi,.86;68 test to P.T:.stetion
8:~
tl+arrce cati#. along salt Certtarflne, r-ow c~iricldeM whh flee (Nest Lkne.of•said Section 1'6,
North 00°22'14". Wbmt,.406.5b i~,.to ~tbrt.54+5299;
thence Ieavirg. saW:CertteANte of S,.>=aglQ Road alor~ the ~'OT Eest,'Za8.03
Blodt S.o1` AAontitue• Narlt $Ut>dltlt9lOn:and extertding v-!tY, ...
feet, to a toured 12.indt rebar marking the oorrter common to L:ota 6, 7, 9 and 10 af•81cck:6 in
saFd AAonMra Park 8trbdhdsion
tttar-oa ®long the Lhee comnwn to l~s 9. and 10, 81ock 5, .South 88°30'24" Eaet,17.9.377' feet, to
a,poiat'Antt'~.t.irttecommon to t:ot~ 9 and 10, in ekodc 6af~sQid RApntvae pattc~Subdivtsiori.;
eii~ended east to tlta Centerline of W..Montvue~ t7riv®; •
rwrtou~sr
,d: n,~e eGfr.eee~a! t.rt
1'r~aa~+ Vaf;ry 6r~gl+ners; Ice. O!#ir~: {~) 463.03Q3
1204'6. Sd!etlt i4ortlt i~x: {20E) i63~391
Nllmpiq tdlh4 ti3diE1 waw.Vsit~;F:,w:..d.. .
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
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c1r~t.wasnQVCiu+~t aradwssaarc
`thenc8 along said Cer~talJne, South 00° 12`19" East, 122.02 feed
t118t1L'B.IeaY{n~, SBid Centeitina', South ~°30'09° ~, 200:23 t0 a point•on• $1@'~IRe~
'common to Lots 1 and' 2, Block 4 of'aaid plat:of tylont++ue Pads 8ubdiidsian;
•thetlce slang said comrnan Line. South Q!0"1a'18" East, 1'8.12 !~.
.thence 9.said c%mrxtan Lih®, South 89"30'09" ~, 198.73.feet,:to a point:on the
'Ce~edine of f: tiAontwe'Ddve, :aS shown on said, plat of Montvue~Park•SutidlvisEon;
lhertce along said Cenbedine. South OOdi2'19" East, 119.581
thence l~+dbg aafd .t,ettEetlirte, .elortg a Gne ®xtended from fhe South Line, cf:said l_ot 1, Block. $,
South 89°'14.500" ~Eest, ?A7.40 feel, tti the POINT OF BEGINNING. ~ ~~
BXC.t;,PT1N~ Last 2; Block 5,. erid tlis East 40 feet of Lot 3; Blodt 6:
•Co~ning: 310.852.:sctuane feet, of 7:27 acres, mare or-less, and subject to any easements'or
ilghta of way ~ reco<+d.oE otherwise ebsting. .. .
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P.11,~?ff.QWBY : . ~ RF7qlONA6MED~CeL1A~qumAo~alopmeotf~lplCn~9~¢18ura~+~Dmoptioa~1D612oh77N$7C
sev G.dri~ailBiadre sleet 2.oY2
Tcewure Ysdtsry £eglneers, Inc.
1304.6'. SCmol NoaEh-
Nance t~ 83687
Ott3se,^.E208): 463103.05
Fax: (208) 463=439.1
wv'rw.'ileas~u~eVdlkyEngineers:cdrq
Exhibit C
CTI'Y OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
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ANNEXl~11dN MAP GAft~'R-A18AUIS1 ~m.epsnec~r+~pairi 206T--oe
NW1/4. SI:G, 16: t~lllAY OEVELppAIENT ~ ~wA1~a+r~oeoe~
T3N, RtE. B.tr4. q1Y~ ~ ~ a ... •~; . aRO~crj
MQtIOIAN; AdA .CO.. IDAHO ~.
0/'14 -t~aeNa~....n~eoa. 51~ET
1 '01' f
Exhibit C
CTfY OF MERIDIAN PLANNINd DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation and
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;
If the Applicant complies with the conditions outlined in the development agreement, the
Council finds that the proposed commercial district will be in compliance with the specific
district regulations.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfaze. Staff and the Commission recommend the 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 (iJDC 11-SB-3.E).
The C-G zoning amendment will provide commercial area that is similaz in nature to existing
and proposed commerciaUoffice development in the vicinity. The Council finds that all
essential services are available or will be provided by the developer to the subject property
and will not require unreasonable expenditure of public funds. In accordance with the
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.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and
Analysis, Section 10 of the Staff Report.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services are available to accommodate the proposed
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, the Counci] finds that the subdivision will not require the expenditure of capital
improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Staff and the Commission recommend Council rely upon comments from the public service
providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4
above under Annexation Findings, and the Conditions of Approval in Exhibit B for more
detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
Staff and the Commission are not aware of any health, safety, or environmental problems
associated with the development of this subdivision that should be brought to the Council's
attention. ACHD considers road safety issues in their analysis. Staff and the Commission
recommend that the Council reference any public testimony that may be presented to
determine this finding.
f. The development preserves significant natural, scenic or historic features.
Staff and the Commission are unaware of any natural, scenic, or historic features on this site.
Therefore, the Council fmds that the proposed development will not result in the destruction,
loss, or damage of any natural, scenic, or historic feature(s) of major importance. Staff and
the Commission recommend Council reference any public testimony that may be presented to
determine whether or not the proposed development may destroy or damage a natural or
scenic feature(s) of major importance of which Staff and the Commission are unaware.
3. Private Street Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings
a. The design of the private street meets the requirements of this Article;
The design of the streets shall meet the standards as set forth in UDC 11-3F-4. No gates are
allowed. Roadway and storm drainage shall be contained on site.
b. Granting approval of the private street would not cause damage hazard, or nuisance, or
other detriment to persons property, or uses in the vicinity; and
Staff and the Council do not anticipate any hazard, nuisance, or other detriment from the
private street if it is constructed and maintained per UDC standards.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
c. The use and location of the private street shall not conflict with the Comprehensive Plan
and/or the regional transportation plan.
Staff and the Council finds that the location of the private street does not conflict with the
Comprehensive Plan and / or the regional transportation plan.
Exhibit D