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Gardner-Ahlquist Gateway MI 07-012j ~ ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 85 I BOISE IDAHO 12/13/07il 01:45 PM ~ RECORDEDattREQUE8T OF ~~~ ~~IIIIIIIIIIIIIIIIIIIIIIIIIII ~~ ~~~ ~ City of Meridian 107164790 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Meridian Medical Plaza; LLC, Owner/Developer 3. Gardner Kem C Family Partnership, Owners THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~vrd d`ay oaf Q°Cemhr~r , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, Meridian Medical Plaza, LLC, whose address 13901 W. Wainright, Suite B, Boise, Idaho 83713, hereinafter called OWNER/DEVELOPER, and Gardner Kem C Family Partnership, whose address is 13901 W. Wainright, Suite B, Boise, Idaho 83713, hereinafter called OWNERS. RECITALS: 1.1 WHEREAS, Owner/Developerand Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is, attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer and/or Owners make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Developer/Owner and/or Owners have submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of (C-G) General Commercial), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developerand/nr Owners made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 1 OF 12 subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 8th day of May, 2007, and 28th 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 and/or Owners to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer and/or Owners entered into certain Development Agreements (Instrument # 107099628 and Instrument # 107134668) and now wish to combine those into one Agreement. The two existing Agreements will be replaced by this Agreement that contains provisions that apply to the overall development; and 1.10 WHEREAS, City requires the Owner/Developer and/or Owners to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement,. herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 2 OF 12 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full.. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho,. whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Meridian Medical Plaza, LLC, whose address is 13901 W. Wainright, Suite B, Boise, Idaho 83713, the party owing a portion of and developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 OWNERS: means and refers to Gardner Kem C Family Partnership, whose address is 13901 W. Wainright, .Suite B, Boise, Idaho 83713, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-G (General Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11 which are herein specified as follows: Sixteen (16) commercial lots and one lot for the construction of a private street in the proposed C-G zone on 24.92 acres and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to these AZ 06-065 and AZ 07-010 applications. DEVELOPMENT AGREEMENT (MI 07-012 GARDNBR/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-01.0) PAGE 3 OF ] 2 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer and/or Owner shall develop the Property in accordance with the following special conditions: 5.1.1 All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5.1.2 All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 5.1.3 The applicant shall be responsible for all costs associated with sewer and water service installation. 5.1.4 The following,. shall be the allowed uses on this property: Permitted and accessory uses within the C-G zone. All conditionally permitted uses in said zone shall be subject to CUP approval. 5.1.5 The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit andadministrative 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 300;000 square feet of office space, 52,000 square feet of retail space and a 200 room hotel with a provision that allows the Planning Director to allow a plus or minus 10% change in square footage on any individual building. A minimum of thirteen (13) buildings, nine (9) on Phase 1 (Gardner Ahlqust Gateway No. 1) and four (4) on Phase 2 (Gardner-Ahlquist Gateway South), shall be required on the development. No single building shall exceed 225,000 square feet and no building footprint shall exceed 75,000 square feet. 5.1.7 All buildings on the site shall be generally consistent with the conceptual office plan, attached as exhibit "C" and retail elevations submitted with these applications, attached as exhibit "D". All buildings shall also be subject to the city's Administrative Design Review. The applicant shall be allowed to construct up to 100-foot tall buildings without alternative compliance or conditional use permit approval. 5.1.8 Pedestrian crossing shall be provided in the locations shown on the concept plan and shall be differentiated form other driving surfaces by the use of brick, colored/scored concretes, or pavers or by other means approved by the transportation authority. DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 4 OF 12 5.1.9 The applicant shall construct around-about at the intersection of Louise Drive and Montvue Park Drive to alleviate potential cut through traffic OR provide acity-approved alternative design for the internal streets. 5.1.10 The buildings shown on the concept plan directly adjacent to Eagle Road and Franklin Road shall have architectural elements and enhancements consistent with the submitted elevations on all facades that face Eagle Road and Franklin Road. 5.1.11 Locate a minimum of two (2) buildings abutting the landscape buffer along Franklin Roads as shown on the concept plan. Locate a minimum of five (5) buildings abutting the landscape buffer along Eagle Road, two (2) of which to be sited on Gardner-Ahlquist Gateway No. 1 and three (3) of which to be located on Gardner-Ahlquist Gateway South. 5.1.12 Construct a maximum of one right-in/right-out access point to Eagle Road; coordinate the design and construction of the access point with ACRD and ITD. 5.1.13 The applicant shall construct a maximum of one right-in/right-out/left-in access point to Franklin Road. The applicant shall be responsible for the formal layout, design and construction of the raised island(s)/devices necessary to control traffic movements for the Franklin Road/Montvue Drive access, as required by ACHD. 5.1.14 The applicant shall either vacate and/or exchange all right of way for Eagle Road that is not necessary for the road, as defined by the transportation authority, OR enter into a license agreement with the transportation authority to landscape the surplus right-of--way. 5.1.15 A continuous 35=foot wide landscape buffer shall be constructed adjacent to Eagle Road and Franklin Road. 5.1.16 The applicant shall be responsible for the construction of a 10-foot wide multi-use pathway (with a public use easement) and the installation of street lights and landscaping along Eagle Road (SH 55) that this consistent with the Eagle Road Corridor Study. However, the applicant shall be allowed to construct divided sidewalks intermittently along Eagle Road to permit landscape planters (i.e. five feet (5') of sidewalk then landscape planter then five feet (5') of sidewalk), as allowed by the Idaho Transportation Department. If the pathway is attached to the curb, a full 35-foot wide buffer will be required measured from the back side of the pathway. If the pathway is detached from the curb, the pathway may count as part of the required street buffer width. 5.1.17 Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed. 5.1.18 The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 5 OF 1_2 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developernnd/or Owners orOwner/Developers and/or Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developerand/nr Owners consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and/or Owners .and if the Owner/Developerand/nr Owners fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developerand/nr Owners shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to .said Development. 9. DEFAULT: 9.1 In the event Owner/Developer and/or Owners, or Owner/Developer's and/or Owners' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developerand/nr Owners of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 6 OF 12 rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's and/or Owners' cost, and submit proof of such recording to Owner/IDeveloper and/or Owners, .prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. 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 Owner/Developeranl/or Owners, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developeranl/or Owners shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the tune allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer and/or Owners or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 7 OF .12 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Owner/Developer and/or Owners agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer and/or Owners agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer and/or Owners have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed,. and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer and/or Owners agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER/DEVELOPER: Meridian Medical Group, LLC 13901 W. Wainright, Suite B Boise, ID 83713 OWNERS: Gardner Kem C Family Partnership 13901 W. Wainright, Suite B Boise, ID 83713 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 8 OF 12 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer and/or Owners of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer and/or Owners, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer and/or Owners have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and/or Owners and City relative to the subj ect matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developerand/nr Owners and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 9 OF 12 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 andlor amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: MERIDIAN MEDICAL PLAZA, LLC I~ ~ ~~ OWNERS: GARDNER KEM C FAMILY PARTNERSHIP =~ By: DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 10 OF 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: MERIDIAN MEDICAL PLAZA, LLC d~ By: OWNERS: FAMILY PARTNERSHIP k~M c. Ca~~~N~ C~'`7/ ~~ By: CITY OF B MAYOR TAMMY de WEERD Attest: CITY CLERK DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE I 1 OF 13 STATE OF ~~~ ,) ss County of Ada, ) On this ~ day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared ~~~(~~ pl~Irq.~~Xl-P/li , known or identified to me to be the of Meridian Medical Plaza, LLC, acknowledged to me that they executed t 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. (SEAL MEL WtLCKEN ) ~ , ~r NOTARY PU~~ • tlTtITE OF UTAH ` 9O S. 400 VK SidM 960 -~ MyCo m Fxp.0 /ei%201t Notary Public for Ike- ~11~- Residing at: ,~~~- lul~;g, (,~ My Commission Expires: OTC 1- 2~ I v-r~~ STATE OF ) ss County of Ada, ) On this ~ day of ~ ~ 2007, before me, the dersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of amity Partnership, acknowledged to me that they execs ted the same on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) PAMELA ~ ' "~,G%(`~~~ WILCKEN Not Public for I>~o ~ : NOTARY PUBLIC • aTATI: OF UTAH az'y ~ ~ Kc ate abo Residing at: ctN ut eatot I -- -- "' ~ ~~+. Exa. of/l trot t My Commission Expires: - DEVELOPMENT AGREEMENT (MI 07-012 GARDIVER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 12 OF 13 CITY OF MERIDIAN Attest: ,~~-= ~ C CITY CLERK STATE OF _ ~[~l(lhp ) ss County of ~ p~ ) By: ~~,M ,~ j ~ de WEERD ~~.~° '~ Ago ~~i~, - ~, _ On this ~~ day of ~P~~ , 2007, Public in and for said State, personally appeared known or identified to me to be the of Gardner Kem C Family Partnership, acknowledged to me that they e cuted the same on behalf of said partnership. IN WITNESS WHER~6F, I have hereunto set my hand and affixed my official seal the day and year in th' certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: me, the undersigned, a Notary DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 11 OF 12 STATE OF IDAHO, ) County of Ada, ss On this ~9 day of Nau¢~he~a' , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared ;7,7yl0Allls ~ij . qu~Sf , known or identified to me to be the Ov~~ ors l f1~/IiPr~,/ of Meridian Medical Plaza, LLC, acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~ wQTARy , ''•••........a•`•~' STATE OF IDAHO ) ~... ALB LAG ~•~~9TF O F t0 t'~O County of Ada ss / ~ ~~ , I Notary ublic for Idaho Residing at:1~90i1/r lyi//~~~ti •~/~tI1~sL~,//~ My Commission Expires: ~ On this ~-~' day of 'nPC` eYYI ~~' , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~.•~' M. G,p•~.,~ (SEAL) ~ ~S"~" 0~9, ~~~C~'' `, _~ . ~ • ~ ~~ : i i {~ •~ • .,~~-F ~~,~. O .._..• otary Public for Idaho Residing at: C ( ,(x a ) ~ Commission expires: I U -1 )~~l J DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 12 OF 12 LEGAL DESCRII'TION GARDNER AHLQUIST GATEWAY SUBDIVISION NUMBER 1 LESS LOT 4 BLOCK 3 A Parcel of land being a portion of Montvue Park Subdivision Book 17 at Page 1107 of Plats and being located in the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East,, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Basis of Bearing being the West line of the Northwest 1/4 of said Section 16 derived from found monuments and taken as North 00°20'34" West with a distance between monuments being 2653.01 feet Beginning at a point from which the Northwest corner of said Northwest 1 /4 of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian bears North 79°08'23" West a distance of 318.01 feet, thence North 87°46'10" East a distance of 314.61 feet; thence South 89°19'30" East a distance of 388.83 feet; thence South 00° 10'01 " East a distance of 20.00 feet to the Northwest corner of Touchmark Living Center Subdivision Number 1 as it is recorded in Book 89 at Page 10313, records of Ada County; thence along the West boundary line of said Subdivision South 00°10'01" East a distance of 801.54 feet; thence leaving said West boundary line South 89°49'58" West a distance of 11.94 feet; thence along a curve to the right with a radius of 209.00 feet and a central angle of 45°59'55" an arc length of 167.79 feet (with a chord bearing of North 67°10'05" West, and a chord distance of 163.32 feet); thence North 44°10'06" West a distance of 57.09 feet; thence South 00°01'40" West a distance of 231.22 feet; thence North 89°33'34" West a distance of 204.39 feet; thence North 00°10'38" West a distance of 16.12 feet; thence North 89°28'29" West a distance of 180.23 feet; thence North 00°10'38" West a distance of 122.01 feet; thence North 89°27'53" West a distance of 40.00 feet; thence North 89°28'30" West a distance of 315.39 feet to a point on the East right-of--way line of South Eagle Road; thence along said East right-of--way the following 13 courses and distances: North 00°20'34" West a distance of 148.27 feet; North 89°39'26" East a distance of 100.00 feet; North 00°20'34" West a distance of 73.92 feet; South 89°41'06" West a distance of 55.00 feet; North 00°20'34" West a distance of 118.96 feet; North 89°41'07" East a distance of 55.00 feet; North 00°20'34" West a distance of 29.62 feet; North 11°41'55" East a distance of 24.56 feet; North 00°20'34" West a distance of 114.34 feet; North 89°39'20" East a distance of 33.37 feet; North 09°27'26" East a distance of 20.00 feet; U:\TS-SUBS\Gardner Ahlquist Meridian Gatewaylsurvey\legals\GA Gateway Phase 1 Boundary Legal Less L4B3 112807pmh.doc North 80°32'34" West a distance of 98.33 feet; North 00°20'34" West a distance of 148.90 feet to a point on the southerly right-of--way of South Franklin Road; thence leaving said East right-of--way and along said southerly right-of--way South 89° 18'34" East a distance of 91.98 feet; thence South 74°23'34" East a distance of 109.19 feet; thence North 00°20'34" West a distance of 131.95 feet to the POINT OF BEGINNING. Said Parcel contains 16.99 acres more or less. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 98.95 Timberline Surveying 847 Park Centre Way, Suite 1 Nampa, Idaho 83651 (208) 465-5687 U:\TS-SUBS\Gardner Ahlquist Meridian Gateway\survey\legals\GA Gateway Phase 1 Boundary Legal Less L4B3 112807pmh.doc LBGAL DESC:RTI'T101~t Gt1Ri7NFR r~l-ILE~[JIST GATEWAY SUl3DNiS10N NCJI~~IBTR 2 A parcel. of land being a pottion of ~Vi'ontvue i'ark Subdi~rision Book 1'7 at Page 1107 of plats and being located in the Nottli~rest 1 /4.of the Northwest ;114 of Section l G, 't'ownship 3 Tlorth, Range 1 last, Boise 'Meridian, Ciiy of Meridian, Aria, County, ,Idaho and described as follows: Basis of Bearing being; the West line of,' tile. Norttiw~est 1; 4 of said. Section 16 derived. from. found rronumemts aizd taken ac North 00°20'34" West and distance between monuments foundto ~ 2653.01 feet. CO;\~lMENC17~~G at a brass cap monument marki.t~g the I~°orfhwest corner o'the. Northwest 1/4 of Section 1~6,, Tot~nzship ~ North, Range 1 Fast..Bose Meridian, fhenee,ai~ng the West line of said Northwest 1J4 South 00°20'34" East a distance of 856.55 feet and from. which the Southwest corner of said. NortliH~st .114 bears South 00°'2d'34" East a distance ot.' 1796.46 feet, thence leaving said West line South 89°39'26" East to the. ).asterly Iti.ght~pf-~i~av of ~lorth Eagle Road, a ~istaxtce of 70.Q() feet bung the Pp1NZ° OI' Bltal~lNI1\IQ; thence, leavi~ig~.said.,Easterly .Right=of Way .South $9°28'35" .L•asi a distance of 3`11.5.39 feet; thence'South $9°27'53'" East a distance of 4:O.U~ feet; ~ ~ , thence-South 00°10'3'8'' East a distance of 122:01 fze,t;, s thence S.ciuth 89°2S`29" lrasi a distance of 1$q.23 feet; thence. South 00°10'38"' East a distance of 16:12 feet; ilaence South:. 89°28'29" Fast a. distance of 179.74 feet; thence l~TOrth $,9°49'22" East a distance of 40:00 feet;. thcrlec South 00°QS'39" )cast a distance of 1.20.1.6 feet; thezace South $9°IZ'20" East a distance of S..16 feet; tiaence along a .non tangent curve. to the right, fTOni a tangent which bears South. 00°16`25" ~'Jesc, ~Rth a radius of 64.4.7 feet.-and a cenlrai angle of 90°31`25" an arc length.o;f 101.8E Feet (~j~ith~a chord. bearing of South 45°32'07" West, and tt chord. dista>yee of91.59 feet); thence North. 89°12'20" West a distance of 40..14 feet; :thence -South 00°46'09" lwzast to the Northerly Fight-of-~Vay of St...Lukes -Street, a distance of i~4.14 feet;, thence along said.Northerly R.ighi-of-V`'ayNorth 89n27'QO'' ~ti'est to said. Easierl:y Right-of•--Way, a distance of 655.26 feet;. iltence lea~~in~ Said.l~orthErl3r Right-o:f: Way attd along said Easterly Right-of \~'ay the following ttva (2} courses: Page 1 of, ?„ Pliose 2 Cl +7'~-SilP$i~~~aer.Alilquis~ tv9cri~1:"an C_Alyuurve}11zArilt}~;A Gateway 1'i~ase 2 Bbun~larylx~yl ~cvised'-09tJ•n7 Mt~C:dc~c slung a nazt ian~ent eurve.4c~ t'lie Left, from. a t~ul~eilt ~uhicli laelrs Nnrtih 00°19'36'" 11asi, ~ti~tl. a radios: of 5:;794.5:8 feet and ha~~iug, a central ankle of 00440'4y"; a length of G7.'7~ feet {chord bearing. of i`Iorth 00°0(}"29" ~'~sCS 6.7.75 feet); thence ?North. 00°20'34' 1~Vest a distanec.of 4p$.49 feetto the POI]~iT OF BE.CiTNN[NG.. Said .Parcel contains approzuna#el}t 6:68 acres more or less, aud. is subfec:l io al! existing easements and rights-of ways of reccird of inipli~d. END OF DESCIZII'TION. .Kenneth 1'l. C:oolc P.I.:g. 9895 Timberline Su~eyi;ng~ . 8471'.ark~Centre V4!a~~, Suite 3 ,.` ~`:~~'- Nampas Idaho 8~CS l ,, ; :~ ~` d '" f .~, ; e 208-4'65-56.87 ~ ~ ~~ ~ ~,- 4^'~" `J' s~`;~. are eR ~_ '•% ~~t ~~~° ° ~~~: ~ u G~ P~gc 2 of 2, Phase.2' CJ:t?S-SUL35iGariL~er AFilgucsl Meridia~i ~~tetvwy'~,sirrv~~~',Irgals'.GA.gatq»vy Phuve 2 "Fi~u~dary l.egnl r~svCszd 09i i-07:~tE3G.doc CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~%YLe17G~1~1? ~ ~``w lUhNO a r• In the Matter of Annexation and Zoning of 22.30 acres from R-1 (Ada County) to C-G (General Retail and Service Commercial) AND Preliminary Plat Approval for 11 commercial lots on 19.3 acres in the proposed C-G zone, for Gardner-Ahlquist Subdivision, by Ahlgwist Development, LLC Case No(s). AZ-06-065, PP-07-007 For the City Council Hearing Date of: April 24, 2007 (Findings approved on May 8, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 24, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri124, 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 DEGTSJON & ORDER CASE NO(S). AZ-06-065 and PP-07-007- PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of Apri124, 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 Submitted and prepared by Treasure Valley Engineers on January 31, 2007 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference; and, 1'he following modifications to site specific conditions and development agreement provisions were made at the City Council hearing; i. Approved one right-in/right-out access to Eagle Road (see VAR-07-007); ii. Approved one right-in/right-out/left in access to Franklin Road and required the applicant to design and construct the traffic control devices (medians, pork chops, etc.) at the Franklin/Montvue Park intersection to direct traffic movements; iii. Allowed buildings to be a maximum of 100-feet tall without any subsequent approval; iv. Required the applicant to landscape the area outside of the ultimate right-of- way for Eagle Road by either vacating the excess right-of--way, or entering into a license agreement with the transportation authority; v. Required the applicant to construct a 10-foot wide multi-use pathway, lighting and landscaping along Eagle Road that is consistent with the Eagle Road Corridor Study. vi. Required around-about at the intersection of Louise Drive and Montvue Park Drive to alleviate potential cut through traffic; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-065 and PP-07-007- PAGE 2 of 4 D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the 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 may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which 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 Apri124, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC]SION & ORDER CASE NO(S). AZ-06-065 and PP-07-007- PAGE 3 of 4 B action of the Ci Council at its re ~ Y tY gular meeting held on the ~ `~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_~ COUNCIL MEMBER JOE BORTON VOTED__~~- COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ +~~ COUNCIL MEMBER KEITH BIRD VOTED__~A~ MAYOR TAMMY de WEERD VOTED ~^' (TIE BREAKER) Attest: ~~ ~/~+ William G. Berg, Jr., Copy served upon Applicant, Attorney. MaYo~ ~n e W erd ~ ~ rFO S~~L irk - y The Planifi~ ~t;~Public Works Department and City !„nii iia~~~ B ' /1~k~ Dated: 5" ~~D"1 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-065 and PP-07-007-PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 4/24/2007 Mayor and City Council Justin Lucas, Associate City Planner 884-5533 i •,~, err~t~n Y 1DAN© Ahlquist Annexation/Gazdner-Ahlquist Preliminary Plat AZ-06-065 Annexation and Zoning of 22.30 acres from R-1 (Ada County) to C-G (General Retail and Service Commercial) PP-07-007 Preliminary plat approval of 11 commercial lots on 19.3 acres in the proposed C-G zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ahlquist Development, LLC, has applied for Annexation and Zoning of 22.30 acres from R-1 (Ada County) to C-G (General Retail and Service Commercial) and Preliminary Plat approval of 11 commercial lots in the proposed C-G zone. The applicant intends to develop a large office and retail center on this site that would include several office buildings and some smaller commercial structures. The subject property is located on the southeast corner of Franklin Road and Eagle Road (SH 55) in Section 16, Township 3 North, Range 1 East. This site is composed of multiple lots within the existing Montvue Park Subdivision (Ada County). The site contains various existing homes and associated outbuildings that will be removed/relocated at the time of development. This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION Staff recommends approval of Ate-06-065 and PP-07-007, as presented in the staff report for the hearing date of March 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement and preliminary plat provisions proposed in Section 10. The Meridian Planning and Zoning Commission heard these items on March 15 2007 At the March 15 2007 Public hearing the Commission voted to recommend aDDroval a. Summary of Commission Public Hearing: i. In favor: Penelope. Riley. Ron Mortimer Tom Ahlauist Matt Bell ii. In ODpOSItIOn: None iii. Commenting: None iv. Written testimony: Matt Bell, St. Luke's RMC v. Staff presenting application: Justin Lucas vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. -Access to Eagle Road ii. -Traffic concerns c. Kev Commission Chances to Staff Recommendation: i. -- Modified condition 1.2.4 regarding the access to Eagle Road to include the statement °CUnless approved through a variance by the City Council" 11. ,Sti0nglV SUDDOrted the DroonCet~ Acceca nnint to F.waln Rnwri ari*h fhp recommends aright-in, right-out access on Eagle Road We feel it's necessary for traffic flow and safety and viability of the Droiect GardnedAhlquist-AZ-06-065, PP-07-007 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 d. Outstanding Issue(s) for City Council: i. -A variance application has been submitted for Citv Councll review regarding the access .point to Eagle Road (see VAR-07-006). ii. --A vacation application been submitted for City Council review regarding theright-of-wav vacation required by ACRD with this protect (see VAC-07- 007Z iii. _Staff has concerns about the excess right of wav adjacent to Eagle Road. This area could end up as a "no mans land". he Meridian City Council he_ rd th c it me on Anrr124.2007. At the public hearin they approved the s a, nmm ubiect A7, and PP rea ~ c arv of City Council Public Hearing: i. In favor: Penelo~Riley. Tom_Ah1_auist. Ron Mort imer. Bob Floto ii. In opposition: None iii. ti • Christy Richardson (A~' iv. Written testimony: Matt -ell (St ~,,~)`Ce's). ACRD. TTD v. Staff presenting application: C~b_I~ood vi. Other staff commenting oli~ation• None __._ Kev I ssues of Discussion by Cann il• i. Access the it ii. Landscaping and lj ting along Eagle Road: iii. Height of buildings: iv. ~~, s. Cmm__ c_i_LAction: i. Approved one right•in/right-out access to Eagle Ro ad (see VAR-070071• ii. ®pproved one right-in/right-~t/left in access to Fr anklin $oad and rewired the ~licant to desien and construct the traffic control evices (medians Work chops etc.) at the Franklin/Montyue Park int.~ection to d irect traffic movements: iii. Allowed buildines to be a maximum of 100-feet tal l l without any subsequent iv. approva : Rc~uired the applicant to landscape the area outsid e of the ultirnat~.r~Pht- -wa for Ea le Road by either vacating the excess t-of--w ay. or entering into a LicerLe agreement with the transportation authority: v. Required~he applicant to construct a 10-foot wide multi-use pathway. lighting and landscaping alon~Ea~le Road that. is consistent wit h the Eagle Road Corridor Study, vi. R~ut~ed a round-about at the intersection of Louis e Drive and~umtvue Park Drive to alleviate potential gut th~ugh~. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-065 and PP-07-007 as presented in the staff report for the hearing date of Apri124, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 065 and PP-07-007 as presented during the hearing on Apri124, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRJL 24, 2007 Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ- 06-065 and PP-07-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Southeast corner of the intersection of Franklin Road and Eagle Road Section 16, T3N, R1E b. Owner: Artiach Properties, LP Touchmark of the Treasure Valley, LLC 2770 E Franklin Road PO Box 1355 Meridian, ID 83642 Meridian, ID 83680 Note: For a complete list of property owners please see the project file c. Applicant: Ahlqusit Development, LLC 1263 West Wickshire Court Eagle, ID 83616 e. Representative: Penelope Riley, Treasure Valley Engineers d. Present Zoning: Rl (Ada County) e. Present Comprehensive Plan Designation: Commercial f. Applicant's Statement/Justif~cation: "The applicant is proposing a mixed use development targeted towards high end users. The proposed uses include shopping, restaurant services, general office, and medical office." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 26~', and March 12's, 2007 (Planning Commission), March 26`",.and April9t", 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: February 16`x, 2007 (Planning Commission), March 23'a. 2007 JCity Council) e. Applicant posted notice on site by: March 5`s, 2007 (Planning Commission), Agri1 7`s, 2007 (City Council) Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 3 CITY OF 1vIERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 6. LAND USE a. Existing Land Use(s): Single family rural residential 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: Franklin Road and RC Willey Building, zoned C-G 2. East: Touchmark Living Center, zoned L-O 3. South: St. Luke's Regional Medical Center. Zoned L-O 4. West: Eagle Road, Offices, and homes, zoned L-0 and R-2 (Ada County) d. History of Previous Actions: The subject annexation application originally included a larger area than currently proposed. For various reasons the applicant chose to shrink the annexation area to what is currently proposed. While revising the annexation area the applicant also included the proposed preliminary plat application for the property. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This property is proposing sewer from mains in Franklin Road. Location of water: There aze currently water mains in Franklin and E. Louise Drive. Issues or concerns: None. 2. Vegetation: There are some existing trees on the site that may need to be protected or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: The Snyder Lateral courses through the subject site in an east/west direction. 5. Hazards: N/A 6. Proposed Zoning: C-G 7. Size of Property: 22.30 acres f. Landscaping: 1. Width of street buffer(s): Per the Future Land Use Map, both Franklin Rvad and Eagle Road are designated as "Entryway Corridors" adjacent to this site. As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan (Sheet Ll) proposes a 35-foot wide buffer along both Franklin and Eagle Roads, except along Eagle Road where the right of way dips significantly into the site. Landscape buffers along streets should be either placed in a separate common lot or a landscape easement outside of the ultimate right of way line. 2. Percentage of site as open space: The UDC does not require open space or site amenities for commercial developments. 3. Other landscaping standards: Landscaping within the proposed parking lot areas should be constructed in compliance with UDC 11-3B-8. Gardner/Ahlquist- AZ-06-065, PP-07-007 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AP1tlL 24, 2007 g. Proposed and Required Non-Residential Pazking: One off-street pazking space is required for every 500 squaze 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. Sununary of Proposed Streets and/or Access: The concept plan submitted by the applicant shows three points of public street access into this development. The first public street access is proposed directly from Eagle Road (SH 55). This access to Eagle Road currently exists as Montvue Drive, which acts as the princtary entrance in to the Montvue Park Subdivision. The second proposed public street into the site is proposed from Franklin Road which borders the subject property to the north. The third public street access is the extension of East Louise Drive which currently stubs to the subject property from the east. These access points and other access issues are discussed at length in section 10 of this report. Although City Staff has been in contact with ACRD on this project, as of the print deadline for this report ACRD has not submitted official comments back regazding this application. 7. COMMENTS MEETING On January 12, and February 23, 2007 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial" The Comprehensive Plan defines the Commercial district as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The applicant is requesting to rezone this property to C-G, which is consistent with the comprehensive plan designation for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire Department. Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The lands currently....The lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD) and the Idaho Department of Transportation (I7D). This service will not change. Gardner/Ahlquist - AZ-06.065, PP-07-007 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • Plan for a variety of commercial and retail opportunities within the Impact Area. (Chapter VII, Goal I, Objective B) Stafffinds that the site is designated Commercial on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of office and commercial opportunities will be provided on this site. • Encourage appropriate land uses along transportation corridors. (Chapter VII, Goal I, Objective D) Staff believes that the proposed development is appropriate along the adjoining transportation corridor (SHSS). 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. • Ensure the ease of mobility of people and goods by implementing access comtrol measures on major transportation corridors. (Chapter VII, Goal III, Objective A, Action 1) As currently proposed the existing access point to SH SS remains as part of this development. Staff is concerned that this access point does not conform to the UDC and may cause increase tra~c issues in this area. Staff support of this project is based on the removal of this access point to the SHSS. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct 3S foot wide street buffers along the adjacent arterial streets (Franklin Raad and Eagle Road). By Ordinance, a minimum 35 foot wide landscape buffer along entryway corridors is required. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Retail stores, offices uses, and service-based industries aze 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 aze designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application: Please see Exhibit C for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (prepared on January 12, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Concept Plan: The applicant submitted a conceptual site plan that has various elements. To begin, the concept plan proposes approximately 212,000 square feet of office space, which is distributed among four large office buildings. The lazgest office building is proposed at five stories and 100,000 square feet. The concept plan also shows approximately 18,000 square feet of retail space spilt between three separate buildings. Along with this retail space the applicant anticipates to locate a 30,000 square foot hotel on this site. Staff is very supportive of the focus on office space over retail at this location. The proximity to St. Luke's Regional Medical Center makes this an ideal area for medical office buildings and other professional users. Staff is also supportive of the retail element of the proposal which will help to support the high daytime population that will be present with the amount of office space proposed. Also included in the concept plan is a redesigned street network in on the subject property. This proposed street network eliminates much of the existing loop road, Montvue Drive, and creates a more direct east-west and north-south circulation pattern through the site. This new circulation pattern and intensification of use in this azea raises some important access issues. These access issues are of such importance that staff does not fully support the conceptual street system as shown on the concept plan. Further discussion of these access issues is found in the preliminary plat analysis below. Design: This site is located in a very visible section of the city and has the potential to become one of the city's most recognizable features. The importance of this location makes quality design essential. The applicant has submitted conceptual elevations for both the office and retail portions of this development. Staff has reviewed these conceptual elevations and believes they are high quality buildings. To ensure a minimum design standard, and as required for development along entry way corridors, all buildings in the development should be subject to administrative design review as defined in UDC 11-3A-19. Staff also believes a minimum of 11 buildings should be required on this site to ensure that a variety office and retail space is provided. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (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 (CTDC 11-SB-lA). To ensure that all of the provisions in the development agreement (see below) are complied with, Staff will require the applicant to obtain CZC approval from the Planning Department prior to site development, where all site and landscaping improvements must be installed prior to occupancy. Development Agreement: UDC l 1-SB-3D2 provides the Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed uses and the visibility of this site, staff believes that a Development Agreement is necessary to ensure that this property is developed is 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 comtrtitments of the developer being required. A Development Agreement (DA) will be required as part of annexing this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include, at minimum, the following: Gazdner/Ahlquist- AZ-06-065, PP-07-007 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: 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 Plarming Department for all new construction on the subject property. • The site. shall develop generally consistent with the submitted concept plan and shall include between 200,000-300,000 square feet of office space, 30,000-50,000 square feet of retail space and a 20,000-40,000 square foot hotel. A minimum of 11 buildings shall be required on this site. No single building shall exceed 125,000 square feet. • All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application. All buildings shall also be subject to the city's Administrative Design Review. The applieant_51L1 be allowed to const~ct up to 100- ~oot tall buLdines without alternative compliance or conditional use Hermit approval. • Pedestrian crossing shall be provided in the locations shown on the concept plan and shall be differentiated form other driving surfaces by the use of brick, colored/scored concretes, or pavers or by other means approved by the transportation authority. ~ applicant shall construct a round about at the intersection of Louise Drive and Montvue Park Drive to alleviate potential cut throu¢h traffic OR provide ~c__iy_ improved alternative design for the internal streets. The buildings shown on the concept plan directly adjacent to Eagle Road and Franklin Road shall have architectural elements and enhancements consistent with the submitted elevations on all facades that face Eagle Road and Franklin Road. • Locate a minimum of two buildings abutting the landscape buffer along both Eagle and Franklin Roads as shown on the concept plan. ~ .., ~..,.~e v....a ieu tSLrnr~etn,r~t a maxiumum of one rielrt-in/ritht-out access point to Eagle Road• coordinate the design and construction of the access point with ACI3D~ ~ mt,. .,,: .,. ~t,..n ter.-...* m~vimt~m ^f one riellt-in/right-out/left-in access point to Franklin Road The applicant shall be responsible for the formal layout. design and construction of the raised island(sl/devises necessary to can vemen s or Franklin Road/Montvue Drive access as required by ACRD • The applicant shall either vacate and/or exchange all right of way for Eagle Road that is not necessary for the road, as defined by the transportation authority~OR enter into a license agreement with the transportation authority to landscape the surnlus right-of--way. • A continuous 35-foot wide landscape buffer shall be constructed adjacent to Eagle Road and Franklin Road. • The applicant shall be responsible far the construction of a 10-foot wide multi-use pathway (with a public use easement) a_nd the i_nctallation of street lights and landscaning along Emile Road (SH S51 that this consistenL~h the Eagle Road Corridaz~tu~v • Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. 2. Preliminary Plat Application: After compliance with the conditions listed in Exhibit "B", Staff believes that the proposed preliminary plat will substantially comply with the Unified Development Code. Special Considerations: Access: Access to this property and connectivity in this area of the city is an issue of extreme importance for this project, especially when the size and visibility of this proposal is considered. There are only two points of public access that exist into this site. The fast is Montvue Drive, which is a public street connecting to North Eagle Road (SH 55) that serves the existing residential subdivision. The second is an existing stub street, East Louise Drive, that is extended to the property from the Touch Mark Living Center to the east. As part of this project the applicant is proposing a third point of public access be added from Franklin Road. The applicant also proposes to tie into the existing access point to St. Luke's Drive in southeast corner of the property. St. Luke's Drive is a private street owned and maintained by the Hospital, as such St. Luke's controls access to this street. After reviewing the proposed circulation system for this project staff has identified two main issues that are described in detail below. • Access to Eagle Road (SH 55): Although there is an existing access point to SH 55 (Montvue Drive) that serves this property, UDC 11-3H-4 clearly states that "Use of existing approaches shall be allowed to continue provided that all of the following conditions are met: a. The existing use is lawful and properly permitted effective September 15, 2005. b. The nature of the use does not change (for example a residential use to a commercial use). c. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). Staff believes that both the nature and intensity of the use on this site (residential use to a commercial use) are changing significantly. Furthermore the proposed access point to SH 55 is not located on or near the section line road or the half mile point. Due to the access control measures for state highways defined in the UDC staff does not support the applicant's proposal to preserve the existing access point to SH 55 that serves this property. All access to SH 55 should be abandoned with this application. (Note: Staff has discussed this issue at length with the applicant and anticipates that the applicant will submit a variance application to be considered by the City Council to request that the access to SH 55 be allowed.) . • Franklin Road Access: Due to the proximity of this site to the Franklin/Eagle intersection both the Police and Fire Departments have expressed safety concerns over allowing a full access point in to this property from Franklin Road. The police and Fire Departments are requiring that the proposed Franklin Road access be limited to right in, right out only to mitigate any safety issues in this area. Public Street RealignmentNacation: As part of this development the applicant is proposing to realign a large portion of the existing Montvue Park Drive public street and create the street system that is proposed on the preliminary plat. In addition to the access issues described above that need to be resolved, the applicant should also be required to vacate any portion of the public right of way that will not be used for the new street system. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 9 CITY OF MERIDIAN PLANKING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRII, 24, 2007 It is staff's understanding that the applicant intends to perform a right of way swap with the necessary transportation authorities to facilitate the realignment of the Montvue Park Drive street system. Staff is generally supportive of this swap, but is specifically concerned with what properties are being exchanged/vacated and the western boundary of Lots 3 and 4, Block 1 that currently abuts public right of way and that is used for the existing access point and frontage road that serves the homes with in the Montvue Park Subdivision. Due to the design of the existing frontage road, this right of way extends approximately 170 feet from the centerline of Eagle Road (SH 55) which is not consistent with the 70 feet from centerline that is established along the rest of this portion of Eagle Road (there is approximately 100 feet of surplus right of way). According to the submitted preliminary plat it appears that the applicant plans to vacate approximately 60 feet of this right of way, leaving approximately 110 feet of right of way from the centerline of Eagle Road. This remainder right of way is 40 feet greater than the 70 feet from centerline that is necessary for Eagle Road. Staff is concerned that this extra 40 feet of right of way will function as a "no mans land" that will remain with out landscaping and uncared for. To avoid this unwanted situation, staff believes that the applicant should vacate all portions of the public right of way along the western boundary of this subdivision that are beyond the regtzired/ultimate right of way, as defined by the transportation authority. NOTE: City Staff has contacted ACRD and ITD staff several times regarding the street system for this project. 1TD has provided comments, but ACRD has not provided a final staff report regarding this project. Once the comments from ACRD are received, they will be added to the staff report conditions in Exhibit B. The applicant should comply with all ACRD and ITD conditions or requirements. Landscaping: Staff is generally supportive of the proposed landscape plan prepared by F.dwazds Landscape Architecture, labeled Sheet Ll, dated 1/15/06, with the following revisions: • UDC 11-2B requires a 35-foot wide street buffer along entryway corridors. Both Franklin and Eagle Roads are entry way corridors abutting this site. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along both Eagle and Franklin Roads except adjacent to Lots 3 and 4, Block 1 which border the unique right of way area described in the section above. Staff believes that the applicant should be required to provide the required street buffer along the entire western boundary including adjacent to Lots 3 and 4, Block 1 to ensure that a consistent street landscape buffer is provided in this azea. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots (iJDC, l l-3B). All required landscape buffers shall be exclusive of the ultimate public right-of--way and conform to the design and construction requirements of UDC 11-3B-7. • Chapter 2 of the UDC requires a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive, which are local commercial streets. The applicant should be required to depict the required local street buffers on the face of the final plat in an easement or place the required buffers in common lots (UDC 11-3B). All required landscape buffers shall be exclusive of impervious surfaces and conform to the requirements of UDC 11-3B-7. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Landscape Buffer Between Uses: Usually a landscape buffer would be required between the proposed commercial uses and the residential uses to the south. Staff does not believe this buffer is necessary in this instance because the land to the south is designated commercial on the Comprehensive Plan Future Land Use Map. It is also staffs understanding that the applicant is in the process of taking ownership of the remaining residential azeas to the south, and plans to convert these properties to commercial development; similar to the whit is currently proposed. Ditches, Laterals, and Canals: The Snyder Lateral traverses through this property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (LTDC 11-3A-IS). 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 ([TDC 11-3A-7). Tf 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 fencing should be installed in accordance with City Code. See Exhibit B below. Refuse/Service Area Screen: The submitted, landscape plan and preliminary plat do not depict where the refuse/service areas will be. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. All future CZC applications should clearly demonstrate how this standard is met. Staff Recommendation: Based on the above analysis, staff finds the Preliminary Plat application generally conforms to the Comprehensive Plan policies and UDC standards. Staff recommends approval of A2r06-065 and PP-07-007 with the Conditions listed in Exhibit B of the Staff Report for March 15, 2007 and subject to the development agreement provisions listed in Section 10. The Merldian Planning and Zoning Commission heard these items(sl on March 15 2007 At the March 15 2007 public hearing the Commission voted to rprommend aDgrOVal. 9n Anril 24. 2007..thP Meridian itv Council voted to an~ve the subject aonLcations. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE I ] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 11. E7~~ITS A. Drawings 1. Preliminary Plat (dated January 31, 2007) 2. Landscape Plan (dated Apri15, 2006) 3. Conceptual Site Plan 4. Conceptual Office Elevation 5. Conceptual Retail Elevation B. Agency Comments and Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Ada County Highway District ~ 7. Idaho Transportation Department C. Legal Description D. Required Findings from Unified Development Code Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT' STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 A. Drawings 1. Preliminary Plat (Dated 1-31-07) ..M . x.~ .~ ~ ~ ass, ;„a-.4 Hou.evnsaa acre .a o ~ ~d a. ~a~ "~ ~°~ s ~ ~~s a ~ ~~s ~~~~~~ ~ ~:~ ~~ ~~o q~(~~ 0. O ~~y 4 ~ hi ~ If p I rp~~~~ ~~i ~r~t I r i~ e e 0~rrs9re..8~Ni,ie~~a r d 1!~ s ~ ~ ~ 9 i'•~ ~1 e 9$~~~jS~B~I{~1'1! ~~ ~ 9 9 ~ 6 9~ 4 ! E I ~ I ~~ ~~ ~ !I~~I!illli~~~~ I ~ ~~ 1'1~ II~I I ~ L Id~.~ :; IZ~~Ea°~~ --~e..b~o- ~ ~ i 0 ~~~ `~-. M ~+0~ I;~ ~ i ~08 ~~ ~.ega S~~ u t Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 2. Landscape Plan (Dated 1-15-07) hl$ANKUN k ~°EI°,~ o ~~iH~ ~------- i~ A, ~ ~~ F ~~ 4~ r~ D _ - - o ' v i ~~. O ! ~ ~ o ~ ~1 ~~ ~~ ~ ~~ o ~ . ~; ~ .o ~g ~---------------~ ~c~------- a~ I t I I R~ I ~ ~ i O ~ f4i I I 1 O >B ~ ~]J ~l~ O ~j~ ~.~ - ,+ ~ ~'/ ,\ ~ ~ .\ O ~ ~ ~~ W i '~ O ~ - _.. O )kf~ ~ii ~ MA ~o 'ao ~T N~ .~Ff ~~3 ~~j ~t ~ I! {.I ~e ~~ ie ¢ geBB3~a~-i~ D iIR ~~ ' ~ ya'' ~~s~~~~~e~1~~ Egg= ~,~ r ~ ~~ ~~ ~l~l~ °~ ~~ ~ ~~ . ®~ ~~ ~ ap ~ ~. r!' ~ d e~, dtS~ ~~~al~ f € ~ 1 ` B ag ~6,a~^~~~as ~ 3~ u ~ ,,a~~`Q~I~~6l~~ i' ® pp @ e P. ~ m i e ~3 ~~ ~ ~ S ~~ ~ eP91r ~ ~. , to j ® i9 f i ~ ~ I I ~ ~ $ e!1 ~ ~ ~ y i I~ ~ (; ~ ~ !i p e F~ ~ ~ ~ is ¢~ 4 Exhibit A ~~I•(G DATE OF P~~I' 24' 200'1 TMENT STYE REPORT FORS ING DEPAR CIT`j OF ME~O~ pLANN Conceptual T Sn +-- E~ibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOIL THE HEARING DATE OF APRIL 24, 2007 4. Conceptual Office Elevations CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Exhibit A 5. Conceptual Retail Elevation C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 B. Agency Comments and Conditions 1. PLANNING I)EPARTMIENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on February 6, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement with the City. See section 10 above for analysis and provisions that shall be included in the Development Agreement for this site. 1.2 STTE SPECIFIC REQUIREMENTS--PRELIMINARY PLAT 1.2.1 All comments and provisions of the accompanying Annexation and Zoning application (AZ-06- 065) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-007). 1.2.2 The landscape plan prepared by Edwards Landscape Architecture, labeled Sheet L1, dated 1 /15/06, is approved with the following revisions: • 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 and conform to the design and construction requirements of UDC 11-3B-7. • Construct a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive. All required landscape buffers shall be exclusive of impervious surfaces and conform to the design and construction requirements of UDC 11-3B-7. • A written certificate of completion should be prepazed 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. A11 standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 Graphically depict on the face of the final plat a 35-foot wide landscape buffer along Franklin and Eagle Roads. Graphically depict on the face of the plat a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Pazk Drive. Said buffers shall either be an easement or within separate common lots. 1.2.4 ~..~,e n a .cu «. ~~,„u :.., The access point to Eagle Road shall be restricted to right-in/rie_ht-out only Place a note o the aceQf t~e~1~~~.Lat restricting accessl~Eas1 oad 1.2.5 Construct a maximum of one access point to Franklin Road Said access shall be restricted to rir~ht 'n/~right-0u~eft i_n only Place a note on the face of the final lp_at re$I>~ctinA access to Frankl__ oad. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 1.2.6 The applicant shall construct a round-about at the intersection of Louise Drive and MQntvue Par ~~~~ to alleviate potential cut throu~,l~ traffic OR provide acity-annroved alternative desitm for the internal streets, 1.2.7 T~e~n~nlicant shall construct a 10-foot wide multi-use pathway (with a public~ase ease~ent~and install street lit=hts~ud landscapine alone Eagle Road (SH 55) that thi consistent with the Eae1e Road Corridor Study. 1.2.8 Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the internal public streets and any public utility or drainage easements that do not coincide with the proposed prelirrtinary plat. 1.2.9 Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the public right of way along the western boundary of this subdivision that are beyond the required ultimate tight of way necessary for Eagle Road, as defined by the transportation authority~$ enter into a license aereement with the transportation authority to landscape the surp~~i ha t-of- 1.2.10 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.2.11 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. 1.2.9 Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed. 1.3 GENERAL REQUIltEMENTS-PRELIMINARY PLAT 1.3..1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC l 1-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 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. 1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Franklin Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in 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 installed at the applicants expense in a location to be coordinated with the Public Works Department. 2.5 With the final plat submittal the construction plans shall show to every lot either a service installed or main fronting it. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9~-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.8 A pressurized irrigation system using existing surface water shall be required per City Code. 2.9 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this proj ect. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be Exhibit B CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 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 standazds 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 sepazation requirement and comply with all landscape requirements. 2.13 Any existung domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1 ~ 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 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 Pernvtting 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 sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 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 aze at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity aze determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/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 tum around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved tum around. Phasing of the project may require a temporary approved tum around on streets greater than 150' in length with no outlet. 3.5 Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D 103.6 Signs. 3.6 For all Fire Lanes provide signage "No Parking Fire Lane". 3.7 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.9 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The various office/commercial lots lot will have an unknown transient population and will have . an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING RATE OF APRII. 24, 2007 has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.12 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with The International. Fire Code Appendix D Section D105. 3.17 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.18 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.19 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.20 Due to public safety concerns the Fire Department recommends a right th, right out only access to Franklin Road. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.2 Due to public safety concerns the Police Department recommends a right in, right out only access to Franklin Road. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (L1DC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (L7DC 11-3B-10) will be followed. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 All of the identified roadway and transportation mitigation proposals in the submitted Traffic Impact Study are either not in any public agency plans to construct (ACID & ITD) or proposed by the applicant to be constructed. Therefore, the impacts of this development cannot be adequately mitigated and surrounding intersections will not operate at an acceptable level of service. 6.2 Comply with requirements of ITD 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. 6.3 Dedicate 60-feet ofright-of--way from the centerline Franklin Road abutting the site. 6.4 Construct the internal streets as a 40-foot street section with two 20-foot travel lanes, vertical curb, gutter, and 5-foot concrete sidewalks within 54-feet ofright-of--way, as proposed. 6.5 Construct one temporary turnaround on lot 2, as proposed. 6.6 Submit a vacation application for the existing right-of--way on N. Montvue Drive to be vacated or exchanged. If the vacation/exchange is not approved by the District through the separate process, the applicant will be required to improve the existing roadways to current public street standards. 6.7 Construct one roadway (E. Louise Drive) to intersect Eagle Road located approximately 200-feet north of the south property line (measured property line to centerline). 6.8 Construct one roadway to intersect Franklin Road located approximately 360-feet west of the east property line (measured property line to centerline). Design and install a median to construct on Franklin Road that will restrict this roadway to left-in/right-in/right-out only. 6.9 Other than the access specifically approved with this application, direct lot access is prohibited to Eagle Road and Franklin Road and shall be noted on the final plat. 6.10 Comply with all Standard Conditions of Approval. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 7. IDAHO TRANSPORTATION DEPARTMENT (PER A LETER RECEIVED JANUARY 22, 2007) Dear Zoning Adaoiaistiator, I.T.D.s comments dated January 6, 2007 prompted a meeting with the developer and their engineers. At the meeting that was held on laauary l 9~ the main discussioh was to leave the Montvue Drive access in place to itmdioa ae a right h1 tight out accesa~ The T.I.S. showed how the assess could help reduce the delay at the St Lnkss signal. LT.D. is agreeable tQ loaving tho access and have the developer iuaacease the existing 20 crab radius to a minimum oP30 ~. than the c»At radius we have no ocmnment on this application.. Any work done oa the State Right of ay will require a permit psamit applications are available from this office orthc maintenance oi$ce is e. Please have the applicant contact Matt Watd at 8150 Chindea Blvd. 83714 in Boise or cell (208) 334-8341 to obtain a permit application. If you have any questions please call~.atxy Shnugh at 334-8924. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF' APRIL 24, 2007 C. Legal Description ~VALI~YE~~~~~~` ~~"''~~ CIYlL AND STRUCfUItAL ENGlNEE41NG '..-c t~» EXHIBIT A Annexation Description Rev. C For Ahlquist Development Job No. 06320 February 8, 2007 A portion of the NW1/4 of Section 16, T3N, R1E, B.M., Ada County, Idaho, as follows: BEGINNING at found Brass Cap monument marking the Northwest Comer of said Section 16, 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, 1015.45 feet, to a point on the East Line of Montvue Park Subdivision, extended north to said Section Line, as per the plat thereof, in Book 17, at Page 1107-1108, Ade County Plat Records also being a point on the West Line of Touchmark Living Center Subdivision No. 1, in Book 89, at Page 10313-10316. Ada County Plet Records, also extended north to said Section Line; thence along the boundaries common to both said subdivisions, South 00°11'43" East, 1111,19 feet, to the southeast comer of Lot 1, Bloek S, of said Montvue Park Subdivision; thence along the South Line of said Lot 1, Block 5 and beyond, North 89°14'00" West, 207.40 feet, to a point on the Centerline of E. Montvue Drive, as shown on said plat of Montvue Park Subdivision; thence along said Centerline, North 00°12'18" West, 119.58 feet; thence North 69°30'09" West, 199.73 feet, to a point on the Line common to Lots 1 and 2, block 4 of said plat of Montvue Park Subdivision; thence along said common Line, North 00°12'19" West, 18.12 feet; thence North 89°30'09" West, 200.23 feet, to a point on the Centerline of W. Montvue Drive, as shown on Bald plat of Montvue Perk Subdivision; thence along said Centerline, North 00°12'19" West, 122.02 feet, to a point on the Line common to Lots 9 and 10, in Block 5 of said Montvue Park Subdivision, extended east to said Centerline; thence along said extended Line, North 89°30'24° West, 179.37 feet, to a found 1/2 inch rebar marking the comer common to Lots 8, 7, 9 and 10 of Block 51n said Montvue Park Subdivision; thence along the Line common to said Lots 6 and 7, Block 5, and extending westerly, North 89°30'07° West, 226.03 feet, to a point on the West Line of said Section 16, being coincident with the Centerline of S. Eagle Road; thence along Bald West Line, North 00°22'14" West, 855.49 feet, to the POINT OF BEGINNING. Containing 971.,520 square feet, or 22.30 acres, more or less, and subJect to any easements or rights of way of record or otherwise existing. Vw4 FEW - ,~ G~ ^,,Ly»;ATI PU9l.IC „~rV.S DEPT. p;W{LQUIST DEVELOPWhI4uistDevebpneM Muidi~nWrewmgtlSurvryUJcaaiptionSV16370 ATMEX revC Desc.doc Treasure Valley Engineers, Inc, Office: (208) 463-0305 1204 6~H. Street North Far: (208) 463-4591 Nampa, Idaho 83687 www.TreasureValleyEn~ neers.tom Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 EXHIBIT B N!Eti{ 6i018bAcE~ V~Q MST. NaB80D7473 8 9 sTA. w.os.o7 E. FRANKLIN ROAD 589'20'11'E 2708.26' 17116 ~- 1015.45 -~ 1 r•~-.._.._ ._. _ -. ._.. 1890.80' i _-~_•_ti__I=•_--R"v...,..r.._.._.._..r. _. _. , „ eaGO~ASSUP i ~ i ~® i i i N~~ .~.®' j o i ®~ i i i j ® _..~ ' .L I j ~ ~1 ~ F pNK I ~ Iii l.~ -..-.. ~ M~iN~`o >>01 I ! I ® I ! ~ ® IJ ~~ I j -. - 1_ z o I . ~. i . , v I j l~ I ® I ~.~.. ~ ~vSoi ~ l i I ~ j BOCK I j l \.'• I~ ~ ~o ' N 89'30'O7`W N8970'24`W~ I '~~• ~a ~' O . J ~' m . -r2s`s.O7~~' j79.37' I ~ I ! j® ! N_B9'30'09'_W I 0 I 1O ~ c7 I I I ® 200.23T ~ NB_e•30'09"N! I j i ! Nb092'19'W 199.73 1 • I 18.12 ~ ~ ~ ~ I I ! ~I . ...I..,.._.._.. , - 207.404 ( I T.._.._.. ~. _ I N89~aoo w I I L- ~~oN>tu~~a. _ _ W I I ® ~ j nl yr erw eawo j I j ®6GpCK 15 ® o . Njp . I ~~T..~ L~._.._.._..L.._.._.._.._i._.._.._.._.._.....-.....1_.._.._.._.._. ~~ I Nesze'a1'w 1011.72' I I C 4 OR I i I ANNEXATION AREA I 22.30 ACRE53 1~=200' I 971,920 SQ. Ft.t PROJECT: OWNER/DE OPER: UTYG rp ANNEXATION MAP TaEnsuafvu~ErENOwEFQS.wa 2057-Ofi HLOUIST DEVELOPMENT Vulrj-I taro. BN S7REETNORTN NW1/4, SEC. 16, REV C ~~w+~ NurvA~a4NO~ee, PROJECTy T3N, R1E, B.M. CITY OF °' Ar• F,u~r oe~aT.ess~ 06320 MERIDIAN, ADA CO., IDAHO A ~`"~"~+""^D'~9^4~'~ varraare ~ .rvE:,~mn SHEET 2/8/07 1 OF 1 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a fall 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-G. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section S, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; If the applicant complies with the conditions outlined in the development agreement, the Council finds that the proposed commercial district will be in compliance with the specific district regulations. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. S. The annexation is in the best of interest of the City (LTDC 11-5B-3.E). The C-G zoning amendment will provide commercial area that is similar in nature to existing and proposed commercial/office development in the vicinity. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. in accordance with the findings listed above, The Council finds that Annexation and Zoning of this property to C-G would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF FEBRUARY 2, 2006 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fords that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There Is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this fording. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) S. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not awaze of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that maybe presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic or historic features on this site. The Commission and Council find that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit b CITY OF MERIDIAN FLNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ °~. '~ A7 rrrv CAF ~'~ erl~l~n ~~ `~° ~.t~ M ~7.a iirna~n[V~yA} p~r„t 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 GG 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, 20D7 (Findings on the August 28, 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 :R.eport 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 conferee- d upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (1.C. §67-6503). 2. The. Meridian City Council takes judicia_1 notice of its' Unified Development Code codified at Title 11 1Vleridian 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. 02-38.2 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5 A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER. CASE NO(S). AZ-07-010, PP-Q7-01,2, AND PS-07-005 4. Due consideration has been given to the comment(sj 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 coed ion of approval of the application. C. Decision and Order Pursuant to the Ci y 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 appl:icant'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 pleat shall become null and void i,f 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 finalplat 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 se~nents, 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 may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FIN'DfNGS OF FACT, CONCLUSIONS OF LAW AND DECISION. & ORDER CASE A'O(S). AZ-07-06Q RP-07-012, AND f'S-07-QOS final plat or short plat to comply with the current provisions of Meridian City Code Tifile 11. Lf 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 notif ed that pursuant to Idaho Code 67-8003, a denial of a plat or conditional. use permit entitles fhe 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 may be 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 acid 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 MERCDIAN :FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). AZ-07-OIO, PP-07-012. AND PS-U7-005 By action of the City Counci at i s regular rneetii~g held on 'the _7~~~~~~ 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROIJNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD 2 ~ ~ day of V OTED__ G~~f~-~ V OTED__G~~-~ VOTED___~~Z~~ VOTED___G~LG+~ VOTED "'~~ Mt~,~OI't. ~ ~1:?,c~ee'WEE C~'~ °~, ~' `~°, ATTEST: ~' ~~ _ $a~~..a WILLIAM G. BERG, 7R., Y LERl{,~Q.~, T ya'~ ~ &.~:` ,~ Copy served. upon: Applicant -~~lanning Department Public Works Department ~ity Attorney By: Dated: ~'~~ . Clerk's Offiee CITY OF MERIDIAN FFNDfNGS OF FACT, CONCLUSIONS OF LA~V AND DEC1SlON & ORDER. CASE NO(S). A7-07-010; P('-07-012, AND PS-U7-005 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 STAFF REPORT Hearing Date: 8/14/2007 TO: Mayor & Ciry Council .FROM: Amanda Hess, Associate City Planner 884-5533 SUBZEC`f: Gardner-Ahlquist Gateway South • AZ-07=010 {~ ., ~. ~g~q~ r lTl'L1F ~~ ~~ 11 ~*- ,,~ l°irjG[IGEn "'~ ~"v F u~:~rtl~ j 9>r~ ~' 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-07-01.2 Preliminary plat approval. of 5 commercial lots on 6,67 acres in the proposed C-G zone + PS-07-005 Application for 1 private street within the proposed Gardner-Ahlquist Gateway South development 1. SUMMARYD.ESCRIPTION OF APPLICANT'S REQUEST The Applicant, Ahlquist Development, LLC, has applied for Arulexation and Zoning of 6.67 acres from RI (Ada County) to C-G (General Retail and Service Commercial) and Preliminary Plat approval of S 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 sma ler- scale commercial structures. The. subject property is located near the southeast corner 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. Si7MMARY RECOMMENDATION Generally, the Planning Director is the final decision maker on Private Street applications. hlowever, because, the City Council is the final. decision making body on the :Annexation and Preliminary Plat applications, all of th.e 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 rcvicw 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-07-01.2, & 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 Acu~exation 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 Repots. Gardner-Ahlquist Gateway South - AZ-07-010, PP-07-012, & PS-07-005 PAGE I CITY OE MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATL• OF AUGUST t4, 2007 The Meridian Planning .and Loning Commission heard this item on July 5. 2007. At the uublic hearing, the Commission voted to recommend approval. a. Summary of Commission Public Hearing: i. In favor: Pamela Hall (A~plicant's Representative) & Bryan Foote (Applicant's En neer) ii. Tn opposition: None iii. Comai~enting: None iv. Written testimony: None v. Staff presenting application: Amanda 1-Iess vi. Other Staff commentin on implication: None b. Key Issues of Discussion by Commission: i. That the Council had approved a right-in /right-out /left-in with Gardner-Alllguist Subdivision (Phase D, on :Franklin Road not in keeping with the Commission's recommendation for aright-in /right-out onlx; ii. That The Applicant will be submitting for a development agreement modification to ultimately combine the separate development agreement provisions for Gardner-Ahlguist Gateway and Gardner-Ahlguist Gateway South into one DA document• iii. The existing and proposed landscaping along_St Luke's Street• and iv. That Staff did obtain from the Applicant a recorded agreement which allows the Gardner- Ahlguist properties access to and through the private property located. at the southeast corner of the Montvue Park Subdivision (Lot 2 Block 5). c. hey Commission Changes to .Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard thece. itemc on A~u_st 14.2007. At the public he_arine the Council anoroved .the subiect A7.. PP and PS renuest. ~. Summary of City Council Public H arin~: i. I~t~_fav0~.~T_atn hl west ert~~wner . --~-~('~-Qp- ii. In og~os_(fQr~~ie iii. of menti_ng; None iv. wit en_ testimony: N ne v. St_a~p_r~~et~t~g application: Anna_C~nruing vi. Ocher staff conur-entine on an~~ication: None ~, ev Tccuec of Dic ~ssion by ouncil• i. T~e_applicant asked the Council. for clarit r~_e ag_rdng the10' pathway located within the~~_land~ca~e f,~uf#er_ alang_~'a_gle Rd Council wa~o 'th the 5:' p1u~5' eQncep~ a~n~Ea Ig e:L~d, ~, ~.v Council ChanQec to staff/ _ommiccion Recommendation i. hone 3. PROPOSED MOTIONS Approval After considering ai'l Staff, Applicant, and public testimony, I move to approve File Numbers AZ-07- 01.0 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 rnod'ificatons: (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-Ahlyuist Gateway South - AZ-~7-01 U, PP-07-012, & PS-07-Ot)S PAGE 2 GITY OF MERIDIAN P.LANN[NG 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-07-01.2 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, Rl E b. Owner /Applicant: Ahlquist Development, LLC 13901 N. Wainwright, Suite B Boise, ID 83713 c. Representative: Pamela Hall, Timberline Surveying, PLLC d. Present Zoning: R1 (Ada County) e. Present Comprehensive Plan Designation: Commercial f. Applicant's Statement /Justification: "The applicant is proposing a mixed use development 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 Gity 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. a Newspaper notif cations published on: June 18,, 2007, and July 2, 2007 (Planning & 7_,on:ng Convnission) July 23, 2007, .and Au};ust 6, 2007 (City Council) d. Radius notices mailed to properties within 3'00 feet on: June 12, 2007 (Planning & Zoning Commission) JulY20, 2007 (City Councill 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 - A7_-07-01-0, PP-07-092, & PS-07-UUS PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FQR THE BEARING DATE OF AUGUST l4, 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: Touchmark Living Center, zoned L-O 3. South: St. Luke's Regional Medical Center, zoned L-O 4. West: Eagle Road, offices and homes, zoned L-0 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 cotntnercial lots for the Gardner-Ahlqui t Gateway Subdivision. This property is located just north of the subject site. Originally, the applications included both the 22.3-acre and. the 5.7-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 wi19 complete the Gardner-Ahlquist Gateway development. The Gardner-Al>Iquist 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 f.'or 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 flrstphase, Gardner-Alalquist 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 outkine the uses /square-footages exclusive to that phase, and. a so to incorporate any development agreement requirements included with the Gardner-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-Ahlyuist Gateway South - AZ-07-010, PP-07-092, & PS-07=005 PAGE 4 CITY OF MERIDIAN PLANN]NG DEPARTMENT STAFF B.EPORT 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 "En ryway Corridor" adjacent to this site. As such, the UDC (Table I 1-2B-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 U'DC does not require open space or site amenities for commercial developments. 3. Other landscaping standards: Landscaping within the proposed parking lot areas should be constructed' in compliance with. UDC 11-3B-8. 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-n/right-out/left-in access to Franklin Road. Primary access to this development will be tlu-ough the Gardner-Ahlquist Gateway Subdivision via said accesses. Alternate access will a so 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 Exhibit 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 POLLC><ES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial." The Comprehensive Plan defines the Corrunercial district as providing "a full range of commercial and reta 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 offces. Within this land use category, specific zones naay 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 fol owing Comprehensive Plau policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italr'es): • Chapter VII, Goal III, Objective A, Action 1 -Require chat development projects have planned for the provision of all public ser~rices When the City eslnblished its Area of Ciry Impact, U planned to provide City services to the subject property. The City gfMerictian J~lans to pro>>itle nnrnicipai'services to the lands proposed Gardner-Ahlquist Gateway South - AZ-07-OtO, PP-07-013, & PS-47-003 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE DF AUGUST 14, 2007 to be annexed ire the. following manner-: The strbject .lands currently lie within the jurisdiction of the Meridian Rural Fire Dcpartrnenl. Department, who currently shares resource and personnel with the Meridian. Rurtrl Fire Depurtment. The subject Iunds ctu~rently lie within the jurisdiction of the Ada County Sher~f's Office. Once unnexed, the lands tivill be. serviced by the Meridian Police. Department (MPD). ~ The roadways adjacent to the stihject lands are currently owned and maintained by the Ada Cou»ty Highway District (ACRD) and the Idaho Depurtment of Transportation (!TD)..This service will not chunge. Y The strbject lands are currently serviced by the Meridian School District #?. This service will, r2otchange. 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 us a restdt of the subject annexation. Chapter VII, Goal I; Objective B -Plan .for a variety of conunercial and retail opportunities within the Impact Area. .Staff finds that the. site is des•ignuled "Comrrtercial" on the Comprehensive Plart Future Land Use Mctp. Stajf believes that veer tune, a variety of office and commercial opportunities will be provided on this site. Chapter VII, Goal [, Objective D -Encourage appropriate land uses along transportation corridors Staff believes that the proposed development is appropriate along the adjoining trunsportcttion corridor (Eagle Road /SHSS and Fi•unklirz Road). This developtnentproject will be highly visible and help to define the entrance to the city. Access the SHSS is discussed in greater detail below. • Chapter VII, Goal III, Objective A, .Act.ion 1 -Ensure the ease of mobility of people and goods by implementing access control measures on major transportation corridors With the upproval.for• the 22.3-acre Gardner-Ahlquist Gateway Subdivision, the Applicant was approved far aright-in /right-out ucc•ess tv Eagle Raad and aright-in/right-nut/left-in access to Franklin Road. Staff believes that as long as no new driveways- to Eagle Rood are proposed, access to this site: conforms to the UDC and stafj•believes the potential for traffic problems onto the aforementioned roads is minimized. • Chapter VII, Goal N, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) By Ordinance, a minirnzrnz 3S foot wide landscape buffer along all entryway corridors is required..The. ~pplicunt is proposing to construct 35 foot wide street buffers along the adjacent arterial streets- (Eagle Road and Franklin Road). 9.LO.NI:NG ORDINANCE a, Allowed Uses in Conunercia Districts: LIDG "1 able 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 conununity in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accorrunodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Gardner-Ahigiiist Gateway South - AZ-07-O1Q PP-07-012, & PS-07-OOS PAGE 6 CITY OF MERIDIAN: PLANNING DEPARTMENT STAFF RL-PORT FOR THE HEARING DATE OF AUGUST 14, 2007 10. ANALYSIS a. Ana ysis 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 t.o 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 U. The majority of the. property wild be geared towards 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 snakes 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 he 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 I). This proposed street .network eliminates .much of the existing loop road, Montvue Drive, and creates a more direct east-west and north-south circulation pattern through. the site. 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," Gardner-Ahlquist Gateway South, were not submitted with the subject application. However, the Applicant subrrutted 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, Staff reconunenrJs 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 minimum design standard, and as required for development along entryway corridors, all bui dings within the Gardner-Ahlquist Gateway Subdivision (Phase n were deemed subject to administrative design review, as defined in UDC ll-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 al'd construction, alterations and / or the establishment of a new use cou~piies with. all of the provisions of the UDC before any work on the structure is started and / or the use is. established (UDC 1 1-SB-lA). To ensure that al of the provisions in the Development Agreement (see below) are complied with, Staff will require that the Applicant obtain CZC approval from the Planning Department prior to site developtiient, where all site and landscaping improvements must be installed prior to occupancy. Gardner-Ahlquist Gateway South - AZ-07-0}0, PP-07-0'12, & PS-07-005 PAGE 7 CITY OF MERIDIAN PLANNdNG 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 this site, Staff believes that a Development Agreement is necessary to ensure that this property is. developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Gbnunission 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 property. Prior to annexation ordinance approval, a DA shal9 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 nunima:m, the fol~towing: • 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 traff c, noise, smoke, fumes., glare or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The Applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall. he 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 CiJP 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 minimum of 3 buildings shall be .required on this site (l 1 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 subtni ted 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 minimum 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 S5. • 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 .l0'-wide multi-use pathway Gardner-:Ahlquist Gateway South - AZ-07-010, 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 55 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. PRELIMINARY 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. Recess: As mentioned. above, no new access points are proposed to this phase to /from Eagle Road. The primary entrances into this site wild be from the north, via streets and drive aisles constructed with Gardner-Ahlquist Gateway Subdivision (Phase n. AC1-ID 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 Montwe Park properties to ut ize St. Luke's Street. 1-Iowever, the Applicant must .also be pro~~ided unrestricted access over the private property located at the southeast corner of the. lYlontvue Park Subdivision (Lot 2, Block 5) in order to gain access to St. Luke's Street. Therefore, as Staff is unaware of a recorded document with allows such., an ingress /egress easement must be obtained 'by the Gardner-Ahlquist Gateway development and,.subsequently, recorded with the County Recorder. Said document must also reciprocate access to said private property to and through. t:he Gardner-Ahlquist Gateway developments. Prior to signature of the final plat, ttie 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 (UDC l 1-3F-3B4). The private street lot shall be depicted on the face of. the final plat (UDC 11-3F-3:B3). Design and construction of the private street shall comply with UDC 11-3.F4. The Applicant should also note that gates are prohibited on private streets (UDC l l -3F-4A4). No on-street parking should be allowed, on the proposed private street. Thee 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 was required to vacate the existing 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. ACRD is supportive of the. proposal as long as all Site Specific and General Requirements are met. (See'Exhibit B-5) Landscaping: Staff is supportive of the proposed landscape plan prepared by Edwards Landscape Architecture, labeled Sheet'L.1, dated 5/1.6/2007, as submitted. Gardner-Ahlquist Gateway South - AZ-07-01 U,1'P-07-012, & PS-07-005 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 irrigation systems be supplied. by a year-round source of water (UDC 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, asngle-point connection to the culiaaary water system shall be required. If a single- point con.neetion 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 (UDC 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 wish 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 11-3tA-1.2 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. All future CZC applications should clearly demonstrate how this standard is met. b. Staff Recommendation: Based on the above analysis, Staff finds the Preliminary Plat application generally conform to the Comprehensivc'Plan policies and U1DC standards. Staff recommends approval of A~07-010 and PP-07-01.2 (PS-07-005 optional) subject to the Conditions listed in Exhibit B and the Development Agreement as outlined in Section l0 of the staff report, The - _ -~_ L_.~!-... the Commission voted to recommend approval. The Meridian 'itv L'ouncu nears rnese [ems ~~^ An~uct 14.2007. At_the public. hearing the Council aunroved the_s~~biect_~and PS reauest. 1.1. EXHIBITS 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-Alaiquist Gateway Subdivision) 5. Conceptual Retail Elevation (from. Gardner-Ahlquist Gateway Subdivision) B. Agency Corrunents 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 Gardiner-Ahiquist Gateway South - AZ-07-OtO, PP-07-01.2, & I'5-07-005 PAGE 10 CITY OF MERIDIAN P:LANNIN'G DEPARTMENT STAFF R[PORT FOR THL- HEARING DATE OF AUGUST IA, 2007 A. Drawings 1. Preliminary PUat (dated 4/13/2007) ~D.~y,~ QIf.O•u~l~~aNl~ ~•~•••W i~ i N~~M. Ycn ~~IYC. Iii YvLS. .Y., [Y ~.YR = ll~lp{OCl'a113D ifa'A'LW `®6~'1!7!/II11/Q a~er'a~iu cM~ c"J dt't i el~~e~~rf0 Yls ~~~iLY1Ytl _ _. _. _ !u.•IIMY1 i~ml i fl ~ s ~ + ~ 0 •-. F ~ ~~ ~ ~; j.zg i ~: ?u ~'~m~ ~~a. J ~~ ~~~ ~. :~ ~=r ~~~. a\ ~I b g ~a ~pp7°~d8 ~ealG~t g• ~ 3 #s 9e~ p~`Rl+5E6Q6..d`Vf!¢>IStlgta ~ g g~ & sb L ~ ~ ~ t ! f~ ki S ~i1~ 1 i~~~la ~ I III •PC• i ~ a ~. ~~~~ A n ~' t /_L 3 R i e_~a!s5 5~ •~~ti~~t~i~~. "E. Sc2--~ ~ • ~g 0 ~. i Exhibit A CITY OF MERlD1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 2. Landscape Plan (dated 5/16/2007) i~~ ~~ _.~ it .S ~~ i1. t a JF_ a ,, . ~~ ~ '~ ~~~- ~I I 1 I ~j s~ ~, i o ~ ~'t~ c i , .~~ pt l ~ ~t i \ t ~~ m~ I w $~ ~==- z ->~:`' '~"~ ' S Vii. t4, ~:Y: k. .,r,7 ~_I 'I E! •I ~~~ €~ . ,f ~p3i.ia~ ~i,~ ~~P{ii~t~~Pw~~~ ~~y~, b i; .~~ -~~ j (~{ ~~-•4. 1 +/~`~%~ i Wr ~ ~~~~~ ~ m ~~ ~~ ~.1~ i ~~ ~.. _._ ,- .-. I ,~h~~~~ll ~~~ ~;s + .~~ , ~a ~_ J s~ r:, !R ~~~.. i~ d ~ 5 ~~ss' ~Ir ~~i ~ r~~ ~ ~~ t I yI I F ~ 5, ~ ~~~ a, ~ ~~I' ~ ~ ~ i.---- -----.`. "ala es ~ i !4A w}6i.![ ~ ~i6i~I{~i $! E ~~~ ~~I ~~~ ~' ~~ ~c ~Y c~ ~~ ~i r Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE MEARfNG DATE OF.AUGUST 14, 2007 3. Conceptual Site Plan. Franklin Rnad (Public) -----.___.-__,..... 1 t ---------------- I ': ~TTTf(11Ti1 iII~T1~-- ~ I ~~---- Tiff ~ ~? ~ ~ ~.~~ _ ~ r I ~ ~ ~ i i Y :St ~I~~~~~ ~ id i j Y i '~ ~~~n i ~~ _ _ _ __ "9~Y~~ a \ ~~ - _~// \ `~\ ` `,~• S~ Luke's Dri.-~e (Private) Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF AUGUST l4, 2007 4. Conceptual. Office Elevations ~p .,cF_ - ~ ~ `~. ~» w ~ ~~ °~ }" ~,. ~ ~-~, .. ~ .n ~~~ _ t. b' `" I ~'~ ~. ~~~. ~- ~-~ _~ rte- F E ) ~ .,~~ ~~ ar '~ N o ~'"~. ~,-_- . a ~-~~~a - - E -~ - ~- ~a~ EXh161I A CITY 6F MER.IDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE 1-TEARING DATE OF AUGUST 14, 2007 5. Conceptual Retail Elevation ~. _ o~a Exhibit A CITY OF MERIDIAN PLANNING DEPARTIv1ENT STAFF REPORT FOR THE I°IEARING DATE OF AUGUST 14, 2007 B. Agency Comments and Conditions 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS l .1.1 The annexation legal description. submitted with the application (prepared on Aprii 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. l.2 SITE SPECIFIC REQUTRE'MENTS-PRELIMtNARYPLAT 1.2.1 All comments and. ,provisions of the accompanying Annexation. and Zoning application (AZ-07- U10) and any future development agreement sha l also be considered conditions of the Preliminary Plat (PP-07-012). 1.2.2 The landscape pan prepared by Edwards Landscape .Architecture, labeled Sheel L1, dated. 5/7.6!2007, is approved with the following conditions: • Construct a 35-foot wide street buffer along the entire frontage of Franklin and Eagle Roads. A:l required landscape buffers shat! 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 l 1-3B-14. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No f eld changes to the landscape plan are perm.ittcd. All standards of installation shall apply as listed in UDC 11-3B-14. 12.3 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 o.f. 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. 12.7 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. l .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.STAFr'REPORT FOR THE HEARING .DATE OF AUGUST 14, ?007 1.3 GEN'ERALREQUIREMENTS-PRELIMINARYPLAT 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 standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for khe 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 payrne~at of assessments for the common areas prior to signature on the .final plat by th.e City Engineer. An underground, pressurized irrigation system: should be installed to al landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3..4 A detai ed 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 l 1-3A-Z. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required Landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. '1.3.7 Staff's failure to cite specifc ordinance provisions or terms of the. approved annexation/conditional use does not relieve the applicant of responsibility for compliance. I.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2..PUBL[C WORKS DEPARTM ENT 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 routiig with t:he Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe tq 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 he 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 upszed to a minimum o£ 10-inch from the connection. in .Franklin to the connection in Louise Drive, with an capsized 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 ValveNault shall be Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST T4„2007 installed at the Applicant's expense in a location to be coordinated with the Public Works Department. 2.5 With the final plat subnuttal, the construction plans shal'1 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 si~tature. 2.7 The Applicant shall provide a 20-foot easement for all. public water/sewer mains outside of public right of way (include all water services and hydrants). 2.8 A pressurized irrigation system using existing surface water shall be required per City Code. 2.9 The Applicant has not indicated who will own and operate the pressure irrigation system in this proposed development.. If it is to be maintained as a private system, plans and specif cations will be reviewed by the 'Publi.c 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 1.1-3A-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. Tf 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 filial 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 Merid:iatl Public Works specifications do not allow any large landscaping within a five foot radius of water .meters. The App leant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Any existing domestic welly and/or septic systems within this project shah be removed fro.tn 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 al] 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 rrigation/dranage 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. 2.1.6 Sewer, water, pressurized irrigation, and any fife safety development. improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping tray be bonded for prior to obtaining Certificates of Occupancy. Exhibit B CITY OF M'£RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEARING 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 hiPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21. Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located. on or near sidewalk, the Applicant shall comply with all American wifh Disabilities Act :requirements for unobstructed' sidewalk access.. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all. building pads receiving engineered backfrll, where footing would sit atop fill material. 2.23 The Engineer shall be required to certify Chat the street centerline elevations are set a minimum of 3-feet above t11e highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at feast 1-foot above. 2.24 One hundred watt, high-,pressure sodium streetlights, on 25' pole shall be required on alt 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 th.e streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on f:rle with Public Works prior to activation. Ali streetlights steal 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 deternuned after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department .prior to commencing installations. 3. FIRE DEPARTM'£NT 3.1 Acceptance of the water supply for fire protection will be by the Meridian :Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire .Department. a. Fire Hydrants shall. have the 4'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on i . 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 ] 0'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the TFC Section 509.5. h. Show atl 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 al'l Fire Lanes provide signage, "No Parking Fire Lane." L•xhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 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 year 2010. 3.10 The Applicant shall work. with Planni.ug Department Staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the regtired 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. around the exterior of the facility or building, on-site fire hydrants and mains shahl be provided where required by the code official. For buildings equipped throughout wi h 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 nl) . 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 1.00 feet of all fire department connections. 3.17 Buildings over 30' in height are required to have access roads in accordance with the International 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 Bui .di.ngs or facilities exceeding. 30 feet (9144tnm) 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 B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 3,20 Buildings or faci ities having a gross bui ding area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved' fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11.5.20 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic spruilder systems. (Remoteness Required) 3.2.1 The project is anticipated to have multi-story buildings and, therefore, will require aerial access per the specifications of the 1FC, Section D.105. 4. POLICE DEPARTMENT 4.1 The proposed development shall linut 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. S. ADA COUNTY HIGHWAY DISTRICT 5.1 SITE SPECIFIC CONDITIONS OF APPROVAL 5.1.1 Comply with requirements of ITD 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 II'I Traffic Engineer at 334-8340.. 5.1.2 Dedicate 60 feet of right-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 ofright-of--way, as proposed. 5.1.4 Construct one temporary turnaround on Lot 2, as proposed. 5.1.5 Submit a vacation application £or the existing right-of--way on N. Monh~ue 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 tine (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 he 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 O.F M'ERI:DIAN PLANNJNG DEPARTMENT STAFF REPORT FQR THE HEARCNG 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 years o.ld 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 shah 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 bui diiag 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 ofthe Ada County I-Iighway District prior to District approval for occupancy. 5.2..10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 5.2.11 It is the responsibility of the Applicant to verify all existing utilities within the right-of--way. The Applicant at nn 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 AC.HD Traffic Operations 387-6190 in the event any ACRD 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 a l rules, :regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the E-Iighway District of its intent to .change. the planned use of the subject property unless a waiver /variance o:f said requirements or other legal relief is granted pursuant to the law ,in effect at the time the change in use is sought. 6. SANITARY SERVICES DEPARTMENT 6.1 Provide a nunimum 28' inside and 48' outside radius for al alleys and private streets, where they intersect a public street. 7 CENTRAL DISTRICT HEALTH 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 Enviromnental. Quality: central sewage and water. 7.3 Run-off is not. to create a mosquito breeding problem. cxh~n~t B CITY OF M:@R]DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 C. Legal Description ( ~~. ., :. ~i5 CML AA'DSTRUQUFAI. CSC/NEERI,VG EXHIBIT A Annexation Description Rev. D for Gardner-Ahlquist Gateway Development Job No. 06320 April t 3, 2007 A portion of the NWil4 of Section 16, T3N, R1E, B.M., Ada County, Idaho; as follows: BEGINNING at found Brass Cap monument marking the Northwest Corner of said Sectioh 16, as shown on Corner Perpetuation Record, Inst. No. 99007475, Ada County Records; thence along the North Llne of said Section 16, South 89°20'11" East, 1015.45 feet, to a point an 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 an the West Line of Touchmark Living Center Subdivision No. 1, in Book 89, at Page 10313-10316. Ada County Plat Records, also extended north to said Section line; thence along the boundaries common to both said subdivisions, South 00°11'43" East, '1111.19 feet;. to the southeast corner of Lot 1, Block 5, of said Montvue Park Subdivision, which is the POINT t7F THE BEGINNING; thence along said common boundary, South 00°11'43" East, 217,94 feet, to the southeast corner of Lot 2, Block 5, of said Montvue Park Subdivision; thence along the South Line of said Montvue Park Subdivision, North 89°28'41" West, 1011.72 feet to a point on the Centerline of S. Eagle Road, at PA,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 the left; thence, along said curve and Centerline, an arc length of 66.66 feet., through a central angle of 0°40'00", and having a chord which bears North 00°02'14"West, 66.66 feet to P.T, station 50+43.03; thence continuing along said Centerline, now coincident with the West Une of said Section 16, North 00°22'14" West, 409.55 feet, to station 54+52.99; thence leaving said Centerline of S. Eagle Road along the Line common to said tots 6 and 7, 61ock 5 of Montvue Park Subdrvision, and extending westerly, South 89°30'07" East, 226.03 feet, to a found 1/2 inch rebar marking the comer common to Lots 6, 7, 9 and 10 of Block 5 in said Montvue Park Subdivision thence-along the Line common to Lots 9 and 10, Block 5, South 89°30'24" East, T79.37 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; P:WHLQUi5T DEVELOJMiL•RmIAN REGIO\AL MEplf/~I,lMlgnlsl Devtloymcnr MeriAtwUhawingsLSurvq'1Daerlptimis10b320 ANNEx ~ n duc aGr+:aoo sn~~ t ar x Yrensure Valley £nginenrs, Inc. 06ce: (208) 463-030> 1204 6~". St^eet IhOrth Ftsx: ("dOBj 463.4391 Tdatn~a. Idaho 83687 w+1ti~'.•rreas~irrvnllwc.,..c-e--- --- EXillblt. C GITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TWE HEAR[NG DATE OF AUGUST .14,.2007 ~uY {F~~.~ ~~=~~,~ C/YIL ADD STRULRTiRAL.ENG1NEtRI,~'G thence along said Centerline, South 00° 12'18" East, 122:02 feet; thence leaving said Centerline, South 89°30'09" East, 200.23 feet, to a point on the Line common to Lots 1 and 2, Block 4 of said plat of Montvue Park Subdivision; thence along said common Line, South 00°12'19" East, 16.12 feet; thence leaving said common Line, South 89°30'09" East, 199.73 feet, to a point on the Centerline off, Montvue Drive,. as shown on said plat of Montvue ParkSubdivision; thence along said Centerline, South 00°12'19" East, 119.58 feet; thence leaving said Centerline, along a line extended from the South Line of said Lot 1, Block 5, South 89°14'00" East, 207.40 feet, to the POINT OF BEGINNING. EXCEPTING Lot 2, Block 5, and the East 40 feet of Lot 3, Block 5. Containing 31.6,652. square feet, or7.27 acres, more or less, and subject to any easements or rights of way of record or otherwise existing. • y3.y:r~ `a~y~L I:.ANn~, REVI A vas ~Ai tJ'~7 "82 ~ t, PUBLtG f _~ ~~'~y~jQRYS CBPT. u-i3•o7 P:\AHI.QUIS713EV1~1.C)f%MERID(AN REGIOYAI, h1ED1CAL4+:lilQu'ut fkvelopment Maidiari117reaingslSun•eylD~cariptions1D6720A1~INkX .rev D dose RQH.doc sheer 2 of 2 Trestsure ~'ntley Engineers, Inc. 1204 b~. S~re~t Nurtfi N'anipa, Idaho 83657 C1Efice: (20S) Ab3-0305 Fux: {208) 463 X391 w~wv.TrzasureVnl Iryl±r~~.ineers.cutn .Exhibit C C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 EXH181T B sECnoa coaal~ ~1aa BRAffi c.~P CABF WST. t1a990Q7S75 B ~-9 srti ss+oaoT E. FRANKLIN ROAD S8$'20'11°E 2706,25' 17116 ~---~_~- 1015.45' ~ ~ ~ T 1690.80' ~ Fao. a cnr ~ I cvler iasT. j I-~-- • • _... _ .. ~ I ~ M INSIpH 110 I a, ~ ~" ~- ~ r I z ~~' . I i .:y, i ~ Y~ Q N ~J 1 Q 1•:'~ I' ac~'~a I o z I fs j 4 '~•'~ 1 c~ m r I I ~ ~ 91-0 F ~ ~'`\ , n p ~ p. S 1739'30'07_"E 1 Sgg•30~24"E: ~_ _ _ _ I -\_' a O rr aT~ a«rarbo ~-' 226.03 179.37 .. j--..-.,.-..J ~ '\~ is OD o , I I ` ® i ~ ~ ~j r g w ~ 1 1 S89'30'09'E I in I ® j ® - 589 30'09~E ~ , a ~ 1 I' I 200.23' ~j - 199.73' W °i 1 I j , 500'12'18"E/ 1 g( ~ I j ~ 76.12 I ~ POINT OF f3EGINNINC 3 j I j :I. I T..-..-.. II ~~.._ / 589'1400 E ~W 1 ~ I ~ ~ © OCK 15 ® ~40~ NOT A PARE ~~S VT S7k tlD~tldl j ~ 81- 1 58,911 SQ. FTC NIO ~ I ~ I ~ IN ~ ~.: ~a.N U f ------1-----~-~-- 1------__~1---- --J I Nag°28'at`w 1011.2' RE41i1 P r ~' 1 dl VE RADNS C pi N6 OEl N6t£ BY I s sa. sn lvl~ ' ~~~~ ( ANtdEXA110N ARf:A I 7.27 ACRESt t"=200` I 316:652 S0. Fi.t Ni'cRiDIkN PU LIC PRO~CF. OWNER EVELOPER: 01VG iP ANNEXATION MAP ra6nsv~+evacter~+,Erxts.c+C• 2057-08 GARONER-AHL0i11ST ~`y~~~~~ ,zaesns~rar•FruOarN GATEWAY OEVELOPAIENT iV~J~1J=E~Uj1U i~ r'"~A'a"~~' PROJECTgI NW1 f4, SEC. 16, REVD r..R ~a)em.axn T3N, R1E, B.M. CITY OF c F~.rfx+a,aas,~svr 05320 "~~COp°' SKEET MERIDIAN, ADA CO., IDAHO., a ~~ ~~~ ~~~ °`~'~~'"'`~"~"~ ~~~'~~~°°~ ~ ,~ 1 Exhibit C CITY OF MERIDIAN. PLANNING DEPARTMENT STAFF REPORT FOR. THE HEARING DATE OF FEBRUARY 2, 2006 D. Required Findings from Unified Development. Code 1. Annexation: Findings: Upon recommendation from. the 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 f nds 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 infotmatia~. b. The m'ap 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 welfare. Sta-ff 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 limifed to, school districts; and, The Council finds that the proposed zoning alnendmeiit 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 (U'llC 11-SB-3.E). The C-G zoning amendment will provide corrunercial area that is sitnilar In nature to existing and proposed commercial/office development in the vicinity. The Council finds that all essential services are available or will be provided by the developer to the subject property and. will .not require unreasonable expenditure of public funds. In accordance with the 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 MERIDI-AN PLANNING DEPARTMENT STAFF REPORT FOR THE tiEAR[NG DATE OF FEBRUARY 2, 20.06 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 Council 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 Commmission recommend Council rely upon comments from the public service providers (i.e., police, fire, AGHD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and. the Conditions of Approval .iii Exhibit B for more detail.) e. The development will not be detrimental to the public .health, safety or general welfare; and Staff and the Corrumission are not aware of any health, safety, or environmenta problems associated. with the development of this subdivision that should be brought to the Council's attention. ACRD 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 finds that the proposed development will not. result in the destruction, toss, or damage of any natural,. scenic, or historic feature(s) of major importance. Staff and the Conunission recomiend 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 unportance 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-malting body shalt 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 1 1-3F-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 DEPARTM.EVT STAFF REPORT FOR THE.MEARING 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 Exhibit C -Concept Plan -REVISED E.'i'RANIfUN RA lPUBL[(y i i ~ ~ i ~ !' ~ I ~- i ~ I i I ~ ~ I I • I j j I ~ I I I I ~ l ~ w 1 I ,~ I i ~t I '~ i I I _ I• • I ~~ I I i I I I ~. ( I_ __- E. GUISE DR,A~UBLIC) YI . I i ~ F__~ I I . I I . I I I. 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