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Sadie Creek Promenade AZ 05-052ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 51 BOISE IDAHO 01125!08 10:31 AM ~ RECORDED nREQUEST OF ~I I ~ ~ II II II I ~ ~~ ~ ILII ~ ~~~~~~~ ~~ ~ ~ ~~ III Meridian City i 08008770 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Sadie Creek Commons, LLC, Owners THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of fxT~rnbP.r _, 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Sadie Creek Commons, LLC, whose address is 5275 S Durango Drive Las Vegas, NV 89113-0159, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer 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 make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE I OF 11 Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 21S` day of February, 2006, has approved certain. Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions 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 Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 2 OF I 1 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 Sadie Creek Commons, LLC, whose address is 5275 S Durango Drive, Las Vegas, NV 89113-0159, the party that owns and is developing said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G (General Retail and Service Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: Construction and development of up to 150,282 square feet of retail/restaurant/ and office uses in a proposed C-G zone on 7.7 acres pertinent to this AZ OS-052 application. The 36.33 acre site, which includes a portion of this project, was approved for annexation with a Development Agreement in April, 2004 under the name of Kissler Annexation (file no. AZ 03-D18). The DA, instrument no.104107406, requires that any future use be approved either though a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the AZ OS-052 application for informational purposes. DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 3 OF 11 This entire project consists of 15.33 acres a preliminary plat and conditional use permit was submitted and approved (PP-OS-053, and CUP-OS-049) which satisfies the CUP condition of the previous DA agreement. Certificates of Zoning Compliance are required for all buildings in this project. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use permit site plan dated September 15, 2005, and shall be required to obtain the City's approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 3. That the applicant be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 4 OF 11 Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots including masonry block wall on western boundary. 6. That the maximum square footage of one single building shall not exceed 75,141 square feet, which is'/z of the maximum requested of 150,282 square feet 7. That all buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be 6 am - 10 pm. 8. That the applicant shall redesign the site to meet the 300' standard separation for drive thru uses with this application or variance is obtained. 9. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. 10. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office uses only. Non retail uses shall be located on these lots. All other lots shall be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as permitted shall be subject to conditional approval. 11. That the western most public road referenced to as Sadie Creek Avenue may be renamed as approved by the Ada County Street Naming Committee. The road name has been approved as Centrepoint Way. DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 5 OF 11 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owners/Developers heirs, successors, assigns, to comply with Section 6 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. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 9. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 10. DEFAULT: 10.1 In the event Owner/Developer, or Owner/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 6 OF 11 breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto.. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 7 OF 11 14. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-SA, to insure that installation of the improvements, which the Owner/Developer agree to provide, if required by the City. 15. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer and/or Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 16. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. 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 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Sadie Creek Commons, LLC 5275 S Durango Drive Las Vegas, NV 89113-015933 17.1 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. DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 8 OF 11 18. 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. 19. 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. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 21. 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. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between OwnerlDeveloper and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developerahd City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 9 OF 11 d 22.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. 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 SADIE CREEK COMMONS, BY: CITY OF MERIDIAN ~~~Z~~~ BY: `\\\,~~~~VT P'T~OR,~ ~~// MnY de W/~EERD /~ ~f ~~~,\\\\\, ~ ~ •9 ,~':l ' 1, ~`'"''f `"C~ / v Z _ O~ AF ~ ; Attest: ~ o CITY CLERK = v~ ~' ~~' ~ DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE ] 0 OF 11 W eva.dQ, STATE OF I~IO, ) Clark ss County of Ala, ) On this ~ day of ~GCehnbe-1r 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Rau~.~.i 3~ac-Ki Jr. known or identified to me to be the MQ-~,.a q2X of Sadie Creek Commons, LLC, acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ARON F®DNESS ~,~ ~ J (SEAL) Notary Public State of Id®vada No. 94-4~8d-1 „ Notary Public fordo N¢vaclo- My appt, ®xp. F®b. 25, 2011 Residing at: l~.S V2~S , AJe' y~a- ..~..,..4.._....,..r.....,,..~..,~,,..o,,...u~ My Commission Expires: iS /I STATE OF IDAHO ) County of Ada ss r~t~ On this ZZ day of .T , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and Willia G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d~~~~~ryear in this certificate first above written. •'~gEEN ~'~. • ~~ Y • Q' , (SEAL) • a ' c ~ ~; Notary Public for Idaho ~, ;~' ,U; ~~ Residing at: i~~l l.~ 4 I ;~ 2- ,~v- '~;• Commission expires: I~-I 1-11 _ ~'vvo~i .~,~',. °; ~, DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 11 OF 11 ~\ /~..~; Ti i~ "'~ ~, ~~ ~~ THE LAND GROUP, 1NC. May 11, 2007 Legal Description Project No. 2651 MARK BOTTLES REAL ESTATE SERVICES Parcel C -Annexation 8.32 acres EXHIBIT "A" A tract of land for annexation purposes situated in a portion of U.S. Government Lot 1 of Section 5 and U.S. Government Lot 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Corner of U.S. Government Lot 1 of said Section 5 on the centerline of East Ustick Road, fiona which a found brass cap monumenting the Northwest Corner of U.S. Government Lot 2 of said Section 5 bears South 89°39'20" West a distance of 2,656.46 feet; Thence following the nort~lerly line of said Section 4 and the centerline of said East Ustick Road, North 89°35'50" East a distance of 27.59 feet to a found aluminum cap on the centerline of North Eagle Road (Idaho State Highway No. 55); Thence leaving said northerly line and following the centerline of said North Eagle Raad, South 01 ° 14'39" West a distance of 402.23 feet to the POINT OF BEGINNING. Thence continuing Soutla O1°14'39" West a distance of 277.05 feet to a point: Thence leaving said centerline, North 83°54'00" West a distance of 580.48 feet to a found 5/8-inch steel pin; Thence Nol-th 71°28'10" West a distance of 803.90 feet to a found 5/8-inch steel pin on the westerly line of said U.S. Government Lot 1 of Section 5; Thence following said westerly line, Nol-th 00°15'11" West a distance of 296.40 feet to a point; Thence leaving said westerly line, Sout11 G6°12'00" East a distance of 600.96 feet to a found 5/8-inch steel pin; Thence South 81°54'00" East a distance of 303.60 feet to a found 5/8-inch steel pm; Thence South 84°06'00" East a distance of 498.95 feet to the POINT OF BEGINNING. hndr~npe Architedi~re • Sire P/anunig ~ Ciyi/ Eigiueemig ~ o/f Conrre L~r~gn/iou ~' Eugiateriag ~ Gi~hic Coi~u~umitaiiou 140 River Vista Pla¢c,'I'win mall., Idaho 1>208.733.404] h 208.733.4045 ~ www,thclandl;roupinc.com U:\C;1I~\la~lc "Pransfcr hiles\2651\Admio\t..cgals\II_070511 bottles_2G51_parcel c anncx..doc Yagc 1 of 2 i i~ ~~ ~~ THE LAND GROUL', iNC. The above-described tract of fiand contains 8.32 acres, mole or less, subject to any existing easements or rights-of--way.. Prepared By: THE LAND GROUP, INC. 140 RIVER VISTA PLACE TWIN FALLS, IDAI-IO 8330] 208-733-4041 208-733-4045 (FAX) REVIE P OVAL BY M WORKS DEPT.IC 1~~~ ~~ S a p`' a o ,~ sI/~ d,~A a~ OF ti~g `~ ~. E~~ La~~dunpe Arcbileclure • Site P/nuuii~g • Civi/ Ergraee»ug ~Go/f Course /» ~galioa 2~' Engiuee~rug • Grnphir Co~uiiimticnlion 140 Rivcr Vista hlacc, 7"win Falls, Tdaho P208.733.4041 P 208.733.4045 • ww~~~.thclandyruupinc.u>m O:\CAT~\liaglcTransfcr I~iles\2G51\Admin\l:.cgals\II_0705]1_hottlcs_2G51_parccl c anncx..doc Pafic 2 of 2 RECEIVED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FE9 21 2006 Ci ridian Cif Office t~~n~ :yF Ii~~ { ~i),WCS ''l In the Matter of Annexation and Zoning of 7.7 acres to C-G zone (General Commercial District) AND Preliminary Plat Approval for 24 Commercial lots AND a Conditional Use Permit for a mixed use development within 300' of a residential district AND, for Sadie Creek Promenade by Landmark Development Group, LLC. Case No(s). AZ-OS-052/PP-OS-OS3/CUP-05-049 For the City Council Hearing Date of: February 21, 2006 A. Findings ofFact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21, 2006 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. 02-3'82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDEIL CASE NO(S). AZ-OS-052/PP-OS-053/CUP-US-049- 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. '1. 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 February 21, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated September 15 2005 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated September 15, 2005 is herby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 21, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECTSION & ORDER CASE NO(S). AZ-OS-052/PP-US-053/CUP-OS-049- PAGE 2 of 4 determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and 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 tune 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 21, 2006 f By action of the City Council at its regular meeting held on the Z ~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_~~~- COUNCIL MEMBER JOE BORTON VOTED_ I~~'~• COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~~~- COUNCIL MEMBER KEITH BIRD VOTED--~'~/~' TIE BREAKER ~~ MAYOR TAMMY de WEERD VOTED WEERD ~~ O ATTEST: ` ~ = y~ ~ WILLIAM G. BERG, J ., CI Y CL~R~ G~~T ~~~ ~~ ~ ~~~ ,,~~ Q~ AP ~~~ ''' , ~'Ud~TY . ~° CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSf~i48~Ti'tU~-~~'S~AND DECISION & ORDER CASE NO(S). AZ-OS-052/PP-05-053/CUP-OS-049- PAGE 3 of 4 Copy served upon: ~ Applicant Planning Department ,/ Public Works Department -~ C'ity Attnmev By: Dated: 3' ~'~ l~ City Clerk's O ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-052/PP-OS-053/CUP-OS-049- PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 STAFF REPORT Meridian City Council Hearing Date: February 7, 2006 Continued to: February 21, 2006 TO Meridian City Council FROM: Meridian Planning Commission STAFF: Toe Guenther, Associate City Planner SUBJECT: Sadie Creek Promenade t'Yrv nF ~~ ~~ d eri~i~ ~ ~ ~~ { II).\Nl? J~ ~~ y ~`~,~ ~/: AZ-05-052 -Annexation and Zoning of 7.7 acres to C-G (General Commercial) for Sadie Creek Promenade by Landmark Development Group, LLC PP-OS-053 -Preliminary plat for 241ots on 15.33 acres for Sadie Creek Promenade by Landmark Development Group, LLC. CUP-OS-049 -Conditional Use Permit for up to 150,000 sq. ft. retaiUrestaurant/office uses in a C-G Zone for Sadie Creek Promenade by Landmark Development Group, LLC VAR-OS-022 -Variance request to allow a right in/right out access point onto Eagle Road, SH 55 for Sadie Creek Promenade by Landmark Development Group, LLC 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Landmark Development Group, LLC, is requesting approval of a Preliminary Plat with a Conditional Use Permit (CUP) to construct up to 150,000 square feet of retaiUrestaurant/and office uses on approximately 15.33 acres within the Sadie Creek Promenade development at the Southwest corner of Ustick Road and Eagle Road/SH-55. This is the first detailed CUP application and would be the first commercial buildings constructed within the Kissler annexation project AZ-03-018. The 36.33-acre site was approved for annexation with a Development Agreement (DA) in Apri12004 under the name Kissler Annexation (see File No. AZ-03-018). The DA (Instrument No. 104107406) requires that any future use be approved either through a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the application for information purposes (not for formal approval). The applicant has submitted a Variance application concurrently with the CUP/PP/AZ applications that proposes one new approach to N. Eagle Road/State Highway 55, for one right-in/right-out access driveway. The Idaho Transportation Department (ITD) has not approved any approach permits on this site. The Variance application pertains only to the right-in/right-out access lying approximately 306 feet south of Ustick Road. The overall design of the site is paramount on the approval of the Eagle Road approach. If the City Council denies the approach, Staff feels the conditions contained within this report and the amended Development Agreement for the 15.33 acres would sufficiently address the interconnectivity of the site as a public street access to Ustick Road and three approved approaches have been provided for by ACHD. 2. SUMMARY RECOMMENDATION 2a. Staff is recommending approval with conditions of the subject applications (AZ-OS-052, PP- OS-053, and CUP-OS-049). Staff is recommending denial of the variance application (VAR-OS- 022) Staff has recommended that the Council require the applicant to submit detailed elevations for the buildings facing east, west and south (facing residential, and Eagle and Ustick Roads) to comply with Section 11-3A-19 of the Unified Development Code (iJDC) and to add a new 8-foot wide walkway in the parking lot. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CdTY OF MERIDIAN PLAN.NTNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/OG 2b. Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved 4-1 to recommend approval. a. Summary of Public Hearing: i. In favor: Tamara Thompson, Landmark Development, LLC ii. T:n opposition: None. iii. Commenting: Bill ICnopp -Preferred the applicant not have access to Eagle Road Steve Grant -Traffic from development, and transitional uses with landscaping David Thurston -same comments iv. Staff presenting application: Joe Guenther, Associate City Planner v. Other staff commenting on application: Mike Cole, Development Services Coordinator. b. Key Issues of Discussion by Commission: i. -Proposed uses on site ii. -Heights of Office Buildings iii. -Cross access points to the south of the site c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. -Commissioner Zaremba voted Nay on the prof ect because he did not want to see access to Eagle as depicted on the presented documents. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW corner of Ustick Road and Eagle Road/SH55 Township 3N, Range 1 E, Section 5 b. Owner Sadie Creek Commons LLC 8080 W. Sahara Ave Las Vegas, NV 89117 c. Applicant: Landmark Development Group, LLC Tamara Thompson 1882 Toluka Way Boise ID 83702 d. Representative: Tamara Thompson, Landmark Development e. Present Zoning: General Retail and Commercial (C-G), Meridian, Rl-Ada County f. Present Comprehensive Plan Designation: Mixed Use-Regional - 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parking and access locations. Exhibit B shows the proposed landscape plan. h. Applicant's StatemenUJustification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of RetaiURestaurant/Office/Drive thru and other Commercial uses oriented around automobile Sadie Creek Promenade Subdivision ' AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 traffic. The applicant notes that the site is an ideal location for a retail complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor, .and develop the new public street to improve traffic movement in the area. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 3, a public hearing is required before the City Council on this matter. b. The subject applications will in fact constitute preliminary plats as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use /planned development as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 6, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: November 14, 2005 and October 31, 2005 (for Planning & Zoning Commission) January 16, 2006 and January 30, 2006 (for City Council) January 13, 2006 (for City Council) £ Radius notices mailed to properties within 300 feet on: October 21, 2005 (for Planning & Zoning Commission) January 13, 2006 (for City Council) g. Applicant posted notice on site by: November 7, 2005 (for Planning & Zoning Commission). January 27, 2006 (for City Council) 5. LAND USE a. Existing Land Use(s): Bare land b. Description of Character of Surrounding Area: Large lot residential, highway-oriented services, rapidly urbanizing c. Adjacent Land Use and Zoning 1. North: Future pad sites within CentrePoint Marketplace, Kohl's site zoned C-G. 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 3. South: Three undeveloped parcels zoned C-G/ RUT/Rl with the same Development Agreement. 4. East: Future pad sites within the Kissler Annexation project zoned C-G, Eagle Road. d. History of Previous Actions: In Apri12004, the owners and City entered into a Development Agreement for various High Density Commercial, Multi-family Residential, transitional, and office uses under File AZ-03-018. Some property was annexed and zoned to General Retail and Commercial (C-G) with a Development Agreement while other portions of the property were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. The out parcel immediately south of the C-G site is included with this project. e. Existing Constraints and Opportunities 1. Public Works Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 Location of sewer: Extension of mains in Ustick Road Location of water: Extension of mains in Ustick Road Issues or concerns: None 2. Vegetation: AgriculturaUIrrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Layton Lateral courses the southern part of property 5. Hazards: None identified 6. Size of Property: 15.33 acres 7. Description of Use: Up to 150,000 square feet of Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements. f. Subdivision Plat Information - N/A g. Landscaping - 1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Corridors." As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan (Sheet Ll.l) proposes a 35-foot wide buffer along both Ustick and Eagle Roads. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet the landscaping standards required in the UDC. 2. Width of buffer(s) between land uses: Table 11-2B-3 requires a 25-foot wide buffer between commercial uses on C-G-zoned land and residential uses. The properties to the west are zoned R-2 (City of Meridian) and Rl (Ada County), and are currently residential. Lots l and 2 of Block 1 as shown on the landscape/site plan shall include a 25-foot permanent easement or the 25 feet shall be included in a common lot as defined by the landscaping standards of the UDC. 3. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. 4. Other landscaping standards: The landscape buffer along Ustick Road should be constructed in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics - N/A i. Conditional Use Information: 1. Non-residential square footage: 150,000 2. Proposed building height: 65 feet 3. Percentage of site devoted to building coverage: 23% 4. Percentage of site devoted to landscaping: Not defined 5. Percentage of site devoted to paving: Not defined 6. Percentage of site devoted to other uses: N!A 7. Number of Residential units: N/A Amenities -The applicant is not required to provide an amenity k. Off-Street Parking (residential uses) - N/A Sadie CYeek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049/VAR-OS-022 CITY OF MERIDTAN PLANNING DEPARTMENT STAFF REPORT FOR THE liEARING DATE OF 2/21/06 1. Proposed and Required Residential Standards - N/A m. Proposed and Required Non-Residential Parkilig -One off-street parking space required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading area (per UDC 11-3C-8). The proposed total building floor area is 150,000 s.f., which requires 300 parking spaces. There are no Type A or Type B spaces shown, and the total number of parking spaces has not been calculated. This maybe addressed during detailed CUP review and building design review but the design appears to meet the minimum standards of the UDC parking requirements. n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): ^ The applicant is proposing one new access point to Eagle Road/SH55 to -serve the Sadie Creek Promenade project at approximately 400 feet south of the Ustick/Eagle Intersection. As noted above, ITD must issue aright-in/right-out permit for this access, and the access is fwther contingent on the Meridian City Council granting a variance to UDC 11-3H. In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SH55 that may connect to the north boundary and may also connect to Eagle Road, if allowed by TI I) at a point to be determined by ACRD. This project along with the Bienville Project south of the site will connect with Sadie Creek Avenue, a proposed public street to meet the frontage road requirement and possible future connection to Eagle Road. In addition, the applicant is proposing three new access points to Ustick Road at the following locations: ^ Driveway #1 - 400 feet west of Eagle (right-in/right-out with center median) ^ Driveway #2 - 600 feet west of Eagle (full access) ^ Driveway #3 - 1,100 feet west of Eagle (full access public street (Sadie Creek Avenue) with proposed traffic signal) Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including the Eagle Road intersection, has just been widened and improved to S lanes. The intersection was widened to include dual left turn lanes. The applicant's CUP site plan shows a new public, commercial street extending south of Ustick Road, beginning approximately % mile west of Eagle Road/SH55. The preliminary plat (Sheet PP-1) shows this roadway (Sadie Creek Avenue) as a 50-foot street section, continuing as a public street approximately 165 feet east of the western boundary to the south property line. The area (Kissler Annexation site) concept plan shows the road connecting to the property south of the site with a looped design and possible connection to Eagle Road through the proposed Bienville Subdivision. The area plan shows private, internal driveways connecting to this public street; such driveways run mostly north/south connecting Sadie Creek Avenue to Ustick Road. For a detailed report on both ITD's and ACHD's actions and comments, please see the letters/reports submitted with the application. 6. AGENCY COIVIlVIENTS MEETING On October 28's 2005, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit C. Sadic Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage ofnon-residential uses and is intended to allow a broad range of uses. Staff finds the following Comprehensive Plan policies to be applicable to this properly and apply to the proposed development (staff analysis in italics below policy): • 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 District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #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. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for MU-R on the Comprehensive Plan Future Land Use Map. Although strictly commercial uses have not been specifically planned for this property on the Comprehensive Plan Future Land Use Map and through the Development Agreement from the annexation, the overall site plan when combined with the proposed Bienville Subdivision meets the general classifcations for mixed use regional. • Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Ustick Road is classified as an arterial roadway. The applicant is proposing access from the adjoining commercial areas from micropaths, sidewalks and shared streets which will provide future connection to residential areas west of the site along Ustick Road. Staf~ j`' believes that the commercial areas proposed compliment the existing and planned residential Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-05-049NAR-OS-022 CITY OF MERiD1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 areas in the vicinity. • Chapter VII, Goal TV, Objective D: Encourage appropriate land uses along transportation corridors.. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Ustick Road and Eagle Road). • Chapter VII, Goai IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and.arterial streets. The ACHD evaluates access points in their analysis; no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with ACHD's standards. Please see the ACHD staff report and Exhibit B for the conditions from ACFID. The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road access shall be eliminated from this project. • Chapter VII, Goai 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 appropriate buffers along all of the adjacent arterial streets. By Ordinance, a minimum 2S foot wide landscape buffer is required adjacent to residential uses and 35 foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: ^ "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) ^ "Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognise, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, page 71) ^ "The capacity of arterial...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimize access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) ^ "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). ^ "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) ^ "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj_ D, #5, page 107) 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists retail store/restaurantldrive thru/ office/ financial institute uses as permitted uses in the C-G zoning district. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MER1DlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. c. General Off-Street Parking Standards (frorn UDC 11-3C-5): ^ The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be one (1) space for every five hundred (500) square feet of gross floor area. ^ Type A spaces shall be not less than twelve feet (12') in width and thirty-five feet (3S') in length. Type B spaces shall be not less than fifteen feet (15') in width and sixty-five feet (65') in length. All spaces shall have d. Structures Subject to Design Standards (11-3A-19.B.5): All structures on property adjacent to an entryway corridor (Ustick/Eagle Roads) are subject to the design standards listed in this section. e. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. a. Development along Federal and State Highways: Unified Development Code (UDC) 11- 3H-1, Purpose. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." b. UDC 11-3H-4.B, Standards: Access to State Highway 69- "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and property permitted effective September 15, 2005. 2. The nature of the use does not change (for example a residential use to a commercial use). 3. 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)." c. UDC 11-3H-4.B.2, Standards - "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. 1. No new approaches directly accessing a state highway shall be allowed. 2. Public street connections to the state highway shall only be allowed at: Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDdAN PLANNING DEPARTMENT S"I'AFF REPORT FOR THE HEARING DATE OF 2/2U06 a. the section line road; and b. the half-mile mark between section line roads. These half-mile connecting streets shall be collector roads." d. UDC 11-3H-4.B.3, Standards - "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road." 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ/CUP application substantially complies with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan and building elevations in order for staff to recommend full approval of the application. Below are several special considerations for the P&Z Commission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation 1. AZ Application (AZ-OS-052): Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, Staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on September 15, 2005 by Hugh Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 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. UDC 11-SB-3D provides the P&Z 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 close roximi of existin and future residential uses and the lack of a detailed planned development staff believes that a DeveloQment Agreement is necessa to ensure that this property is developed in a fashion that is consistent with the comprehensive plan desi ation and does not negatively impact nearby proQerties. Staff believes that the Development Agreement should include the following provisions: Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Ustick Road/Eagle Road intersection and then continue along Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-05-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 Ustick Road. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, staff recommends that prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots. Non-Residential Buildings: The applicant has requested a maximum of 150,282 square feet of retail/restaurant/office spaces. Staff proposes to limit the applicant to their request. The maximum square footage of one single building shall not exceed %z of the maximum request. Office buildinES (western property boundary) All buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be Gam -lOpm. Drive Thru Separation Request: The applicant has requested the drive thru spacing requirement be reduced from 300' to 240'. Since the site plan is conceptual in nature staff feels that the applicant shall design the site to meet the 300' standard separation for drive thru uses with this application. Access to SH SS/ Eagle Road The applicant has requested an access point to Eagle Road. According to TTD records the applicant has not submitted a request for access permit and is not vested with an access point for this location upon change in use. All access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACRD. Uses: Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for Office Uses only. Not retail uses shall be located on these lots. All other lots shall be limited to Office/RetaiURestaurantlDrive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive thru) not listed as permitted shall be subject to conditional approval. 2. PP Application (PP-OS-053): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Sidewalks: The applicant is proposing to construct 5-foot wide sidewalks on some of the internal streets/drive aisles. The sidewalks may be detached from the curb with a 5-foot wide landscape strip. The proposed landscape strips do not include trees, only grass. The applicant is proposing to plant trees on the back side of the sidewaks, but staff believes that the trees should be planted between the curb and the sidewalk to provide the pedestrians with cover and to make the streetscape more attractive. Tn accordance with the recently passed ACRD planter width standards, the width of the planter strip between the sidewallc and the curb should be increased to a minimum of 8-feet wide and include Class Il trees. Since the applicant has submitted a plan which is conceptual in nature staff feels the sidewalk locations shall be made consistent with the UDC including drive aisles which shall include at a minimum a 5' attached sidewalk. The second drive aisle access point to Ustick Road shall be designed with the private street sections as listed in UDC 11-3F and subject to Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 including sidewalks. Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11-3B-9, a 25-foot wide landscape buffer is required between single-family homes and C-G zoned property. The UDC requires the land use buffer to be provided by the higher intensity use and to• be located on the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant is showing a 30-foot wide buffer between the single-family homes and the office lots on the landscape plan, but the buffer is not shown on the preliminary plat. The applicant should be required to graphically depict a 30-foot wide landscape easement on the plat along the lots that abut the single-family lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. See Exhibit B below. Landscape Street Buffers: Arterials: UDC 11-2B requires a 35-foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road and Ustick Road are classified as Arterial Roads. On the submitted landscape plan, the applicant is proposing to construct a 35-.foot wide street buffer along Ustick Road and Eagle road. 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 as per UDC 11-3B. See Exhibit B below. Commercial .Streets: UDC 11-2B requires a 10-foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct a 10-foot wide street buffer along both sides of Sadie Creek Avenue. However, the street buffer easements are not labeled on the plat. The applicant should be required to depict the required 10-foot wide street buffer easements along Sadie Creek Avenue on the face of the final plat. Ditches, Laterals, and Canals: There are several irrigation laterals that bisect this parcel. 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. The applicant is proposing to the all of the irrigation facilities located on site. See Exhibit B below. Pressure Inrieation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water ([JDC 11-3A-15). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. See Site Exhibit B below. 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 fmal plat (UDC 11- 3A-7). 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 fencing should be installed in accordance with City Code. See Exhibit B below. Sadie Creek Promenade Subdivision AZ-05-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNO DATE OF 2/2l/06 Cross-access Internal: There are some commercial lots that do not have frontage on a public street. Instead the applicant is proposing to provide cross-access easements to the lots that do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the office and commercial portions of the subdivision to use the driveways and parking aisles. The site will be redesigned if not granted access to Eagle Road by the Meridian City Council and at least one of the non-signalized access points to Ustick Road shall be designed to serve as a commercial collector for interconnectivity to the south and vehicular movement in the north/south direction. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. C ors-access South: The applicant shall be required to provide cross access to the parcels south of the site. The project is a portion of a larger site project (K.issler Annexation) and the sites shall maintain consistent traffic flow for the entire site. Earle Road_Access: The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one- half mile intervals in urban areas. TTD allows approaches (other than intersections) in special cases and on a temporary basis. The access point shown at approximately 400 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not meet criteria of either 1"I'D or the Meridian Comprehensive Plan. CUP Application (CUP-05-049): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Loadini; Sgace Parking UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refuse/service area behind the building. 2. Elevations: The applicant has not submitted building elevations of the proposed structures. The application lists the proposed building materials, including stone, brick, stucco and timber to be accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19 requires all structures on property adjacent to an entryway corridor to comply with the design standards listed in this section. Staff's interpretation of the UDC is that the applicant may choose to place the "primary entrance" on an elevation other than the public street side. However, the public street elevations (Ustick Road and the new road on west boundary) must still meet the other standards listed in 11-3A-19 (except for the primary entrance standards). The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses, and projections along a minimum of twenty percent (20%) of the length of the facade. b) Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying Sadie Creek Promenade Subdivision AZ-OS-052/PP-05-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DATE OP 2!21/06 parapet heights; and e) cornices. c) Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color and Materials: Exterior building walls shall demonstrate the appearance ofhigh-quality materials of stone, brick, wood or other native materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call-out how or if the refuse/service area on the south side of the buildings will be screened. 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. The applicant's CZC application must clearly demonstrate how this standard is met. 4. Cross Access: The property to the south is dependent on two points of access for interconnectivity and is directly tied with the existing Development Agreement for providing a frontage road to Eagle Road. The applicant has provided a design consistent with two points of access, one point at Sadie Creek Avenue and the second point for the drive aisle approximately 700 feet west of the Ustick/Eagle intersection. There shall be cross access with a section designed to meet private street standards with the second point of access not designated as a public street. Variance Application (VAR-OS-022) the proposed access variance does not comply with the Unified Development Code or the Meridian Comprehensive plan. Analysis of Facts Leading to Staff Recommendation for Denial Listed below are various documents in the public record pertaining to this application. The relevant points within each document and an analysis of those points follows (staff s analysis in italics). For additional analysis, see the Variance Findings in Exhibit D. ^ Eagle Road Arterial Study -Final Report (Apri120041 This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the Comprehensive Plan) was endorsed by the City Council in a January 20051etter to Eric Shannon, ITD District Engineer, and was also endorsed by the ACRD Commission. The study includes the following recommendations: - Para. 3.2.5, pg. 4: "ITD and ACTED should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed, over time, via access consolidation, provision of secondary access, etc..." ACRD has provided three access points to the site which lie along the broadest dimension of the site. The depth of the site would preclude any access to Eagle Road which would consolidate the accesses to the new public street (Sadie Creek Avenue) or the approved approaches to Ustick Road. These approaches all die within 570 feet of Ustick Road which would bean acceptable length of which commercial users would expect public road access. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 - Para. 3.2.6, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need to travel on Eagle Road. This concept should be nicorporated into municipal planning and zoning policies..." Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to reducing the number of trips and potential accidents on Eagle Road. ^ Traffic Accident Data Finally, to conclude staff s analysis, we obtained 2004 accident data from the Meridian Police Department for the Eagle Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road/SH55 (Overland, Magic View, St. Luke's, Franklin, Lanark and Fairview). 2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLEIFAIRVIEW 82 FAIRVIEW/LOCUST GROVE 48 MERIDIAN/OVERLAND 44 EAGLEIFRANKLIN 41 FAIRVIEWlRECORDS 39 EAGLE/MAGIC VIEW 30 EAGLEILANARK 28 EAGLE/ST LUKES LN 26 MAINlFRANKLIN 23 EAGLE/OVERLAND 20 In 2004, 228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a direct correlation between the number of access points/intersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every new driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of new accesses helps to ensure a safer roadway. 9b. Staff Recommendation: Based on the above analysis, staff finds the AZ/PP/CUP applications substantially conform with the adopted DA, Comprehensive Plan policies and LJDC standards. As noted under "Special Considerations," we recommend the building elevations be submitted in compliance with the entryway corridor standards, the access point to Eagle Road be eliminated and redesigned, and a private street section for cross access provided to the south be added to the preliminary plat in place of the proposed Eagle Road access. We recommend approval of the AZ/PP/CUP application with the conditions shown in Exhibit B. 10. E~~ITS A. Drawings Sadie Creck Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REkORT FOR THE HEARING DATE OF 2/21/06 1. Site Plan (by The Land Group, dated September 15, 2005) 2. Landscape Plan (by The Land Group, dated September 15, 2005) 3. Preliminary Plat (by The Land Group, dated September 15, 2005) B. Legal Description C. Conditions of Approval 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACRD. D. Required Findings from UDC 1. Annexation 2. Preliminary Plat 3. Conditional Use Permit Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-05-049NAR-OS-022 C1TY OF MEKlD1AN PLANNING DEPARTMENT STAFF RBPOR'1' FOR THE HEARING DATE OF 2/2l/06 Exhibit Al: Site Plan MP-1(The.Land Group) Dated September 15, 2005 „~.. s i I' • ~ 1/ • 1 i. 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F ' >` '~t'T~ j ICI;'_ ~ 1•`..,~ ~ ~stl SADIE CREEK PROMENADE SUBDNIS-ON ~~ ~ ~~1~ s° ~ ~ ~ i i : ~ i~l°~~ j~~lli ~~ ~ Master Plan ' j 6 !ij" ~ ~' ,I i •~ '~ 1 -„ - Meridian, Idaho e " ~ ._.-_ ..,.... ---~ --- ----.. .._ _. ,I Sadie Creek Promenade Subdivision Exhibit A Pagc 1 CITY OF MERIDIAN PLANNING DEPAR1'MF,NT STAFF REPORT FUR THE HEARING DATE OF 2/2I/06 Exhibit A2: Landscape Plan Ll.l(The Land Group) Dated September 15, 2005 ~i: -~ -• ~--~~--,~ . -__-~..-__-.. _-1K BA -' - ---~-t---'.aietti- ~..~.s--m°- ~. .n ~'-c- ~ - .- . 1 6 F -i11~:{ +t~ ~ t• ;I~ ~ SADIE CREEK PROMENADE SUBDIVISION ~' ~ F I! jj ~ ~ ail ` I PRELIMINARY PLAT LANDSCAPE PLAN ' ~II ~ i. J i (!~l.~ ~ ~ ~~~ ~ ~ ~f ~I ~ MERIDIAN. IDAHO 'i~i ~~ ®~ Sadie Creek Promenade Subdivision Cxhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING HATE OF 2/21/06 Exhibit A3: Preliminary Plat PP-1(The Land Group) Dated September 1S, 2005 i - .:.. , ~--- -.~,~ //~.r'1 A! i; ~I~,: ' ^~ .~. a,. ~.'-~i, P r.~ ~ a,~~~ rr. I ,. ,. ,~ ~ .aa0v ..~~ " 'u [ .~ !a r~l.,~ ~ RI ~ { I ~ ''t ,~ li .. .~L.f 7L.' i. -. ~. 1 ' f. '-. dl-.. ~ 1~ ~ ~ ~ ! { ~~ / II ~ a ~a N 1~ d71 4~ ~~ ~~ ~.. 9 I' { ' 1 ~.,~ ~~ .; _1 ': t, • F a f ~ Y,u I ~ j a FII ~~J ~ ~ _ 1 S ~ ~ '• J a l~i3 f ` 9 ~~ t 69 t "" !A p 9A ° ~ d s 'J, ~ ~ (y di X E p ! ~ a~ a~ v ~ a ;1 a1S i-~' ~ =w~ /~ ~ ~ is 1 ~ rt . 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Sadie Creek Promenade Subdivision F,xhibit A Page 3 CITY OF' MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21!06 Exhibit B: Legal Description Roylance & Assn tes f .14. :~rtgineers • surveyors • lsndplanners ~) W. ~SUeart, Su1s E, Ease, klsta 83618 Tetaphone (208)93!}2824 Fax (208)939.2855 September 15, 2005 Project No. 2739 Legal Description The Land Group Annexation Area 8.32 Acres EXHIBIT A A tract of land for annexation and re-zone purposes situated in U.S. Government Lot 1 of Section 5 and U.S. Government Lot 4 of Section 4, Township 4 Nottlt, Range 1 East, Boise Meridian, Ada County, ]daho, described as follows: Commencing at a found brass cap montunenring the Northeast Comer of said Section 5, from which a found S/8-inch steel pin monumenting the North One Quarter Comer of said Section 5 bears South 89°39'20" West a distance of 2656.46 feet, thence following the northerly line of said Section 4, North 89'35'50" East a distance of 27.59 feet to an ]daho Transportation Departrreent Monument monutnendng the intersection of said northerly line and the centerline of N. Eagle Road-highway 55; Thence leaving said northerly Gne and following said centerline, South Ol' 14'39" West a distance of 402.23 feet to the PO1NT OF BEGIIVN1TiG. Thence following said centerline South 01'14'39" West a distance of 277.05 feet to a point Thence leaving said centerline North 83°54'00" West a distance of 580.48 feet to a found 5/8-inch steel pin; Thence North 71°28' 10" West a distance of 803.90 feet to a found 5/8-inch steel pin on the westerly line of said U.S. Government Lot 1; Thence followins said westerly line North 00°15' 11" Wcst a distance of 2%.40 feet to a point Thence leaving said westerly line South 66° 12'00 " East a distance of 600.96 feet to a found 5/8- inch steel pin; "thence South 81°54'00" East a distance of 303.60 feet to a found 5/8-inch stcel pin; Thence South 84°06'00" East a distance of 498.95 feet to the POWT OF BEGWNING. The above~described tract of land contains 8.32 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCfi ~$ ASSOCIATES P.A. 39I W. STATH STREET', SUITE f: EAGLE, 1llAH0 83GIG 208-939-2824 20R-939-2855 (FAX 1 X:1V~'oJortslt.ad (ku~27391AdrtinUr~als~Mmxatioodoc Sadie Creek Promenade Subdivision Exhibit B Page 1 C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF RF.POR'1' FOR THF. HEARING DATE OF 2/21/06 n o t7 z g Z mZ~C ZZI opa ooh ~° m a w O ~~ ?- { e~5 N "w° ~z ~~~m ~~~v o D „or o (~ is' (A ~ ~'~ Q ;~ ~~a m ~~: I ~ I ' ~ ~ ~ ~~~® I I ~~,„~v ~~~~ ov v~ ~g~ ~~~ ~~~~ ~~ ~ ~ C ' Z Z PI T Z ~ Q rn n O Z r z m ~~ ~~_~T z m N00'15'11"E 328. ~91~i.40 'w N Iw A n 0 Z rn W I ~ ~ ~ $ / ! ~, Gp O' ~~ A ~ W~ ~~' z I~ ~m , ~ ~ - :D ~ N ~ d ~ Z rn ~ ~ N ~ Z O cr"< ~ ~ "' y 1J D W aNi o D ~ ~+5S~ ~ c°~~ ~ Z ~f*1 IN J N ~ [n f~'I io I~ ' i D ~ g7 ~I o V ~ J 276.61' 501'14'39 277.05 ' ~ ~ S01 "14'39"W cn O ~ ~ O - I ' z o ~ I J~ ` 369.ss• 646.36 ~ N ' _. 402.23r~ A w ~ 879.28' ~ ~ ~ ~ . ~ ., N ! O vi Dy ~ p a ~D_ .~ 2 ~ ~ D u Z ~ ~OZ D ~ IA 'it ODON ~m~~ 0 ~3~ Q D Z Z O ~ O Z ~~~ ~~o m o -i ~~~ ~''No ~ rn D ~ m ~2~ ~z (r . - 500~00'00'W 2611.41' . . . ~c~ - ° N. EAGLE ROAD -STATE HIGHWAY SS Z~ ~' 0 ~o m ~~ x Sadie Creek Promenade Subdivision Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/U6 C. Conditions of Approval l.. Planning Department SITE SPECIFIC REQUIREMENTS- (Sadie Creek Promenade) 1.1.1 The preliminary plat labeled as PP-1 prepared by The Land Group, dated September 15, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-OS-052) and Conditional Use Permit (CUP-OS-049) applications shall also be considered conditions of the Preliminary Plat. 1..1.2 UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application for this project shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refuse/service area behind the building. As long as the two spaces are dedicated, striping of the spaces is not required. 1..1.3 Graphically depict on the face of the plat, the proposed 30-foot wide landscape buffer easement along the office lots that abut single-family lots. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. Said landscape buffers shall be in either a common lot or an easement adjacent to the residential areas. 1.1.4 Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Ustick Road and Eagle Road. Depict on the face of the final plat a 10-foot wide landscape buffer along both sides of Sadie Creek Avenue. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.5 The landscape plan prepared by The Land Group, labeled Sheets LS 1.1, is not approved with these applications a landscape plan consistent with UDC l 1-3B shall be submitted with the final plat which reflects any changes made to the preliminary plat to redesign the subdivision consistent with approved access points. Including but not limited to full landscaping along Eagle Road which currently is listed as a right-in/right-out access. 1.1.6 With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.7 Maintenance of all common areas shall be the responsibility of the Sadie Creek Promenade Subdivision Business' Owners Association(s). 1.1.8 The applicant shall submit from the County Surveyors Office the appropriate documentation showing that usage of Sadie Creek Promenade as an approved subdivision name. 1.1.9 Any roof-mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the time of CZC subnussion that demonstrate this condition is complied with. 1.1.10 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.11 The awnings on the north elevations shall extend at least 20 feet beyond the entry doors, measured from the building face to the outer edge of the awning for the retail buildings. The applicant shall submit a drawing at the tune of CZC application submission to demonstrate compliance with this condition. 1.1.12 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. 1..1.1.3 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces are prohibited in said buffers. Sadie Creek Promenade Subdivision Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 1.1.14 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.15 Provide cross access/cross parking agreement(s) for all lots in Sadie Creek Promenade Subdivision. All cross access drive aisles shall only approach the ACRD approved points of access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.16 Other than the points of access approved by ACRD, direct lot access to Ustick Road, Eagle Road, and Sadie Creek Avenue is prohibited. A note shall be placed on the final plat restricting access to Eagle Road and Ustick Road. 1.1.17 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. 1.1.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 1.1.19 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. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.1.20 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.21 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC l l- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A- 18. 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. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.1.22 The applicant shall submit a detailed 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 pernut. All fencing should be installed in accordance with City Code. 1.1.23 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. 1.1.24 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 per MCC 12-4-13, unless otherwise approved by the Irrigation District(s). 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. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. Sadie Creek Promenadc Subdivision Exhibit C Page 2 CTTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF 2/21/06 1.1.25 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.1.26 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC l l-6A. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extensions of mains located in E. Ustick Road. The applicant shall install mains to and through this development, 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 E. Ustick Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 An additional water connection to the main located in N. Eagle Road maybe required to ensure adequate fire flows. The decision will be made by the City Engineer once specific building designs and flee flow requirements are submitted. 2.4 Provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBTT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The applicant has indicated that the required pressurized irrigation system in this development is to be owned and operated by the Business Owner's Association. Plans will be reviewed by Public Works as part of the plan review process with a draft "Operations and maintenance" manual being required prior to plan approval. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use 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. 2.7 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 per City Ordinance 12-4- 13. 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. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. Sadie Creek Promenade Subdivision Exhibit C Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21!06 2.10 The preliminary plat does not indicate how the storm drainage will be disposed of. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standazds and policies. Off-sitc disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.17 All grading of the site shall be performed in conformance with City Code. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. 3. Meridian 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 %2" 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 mazkers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the 1FC Section 509.5. Sadie Creek Promenade Subdivision Exhibit C Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 3.3 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 Frovide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.S Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require afire-flow consistent with the International File Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The new commercial lot 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. 3.9 The fire department requests that any future signal'ization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of S' from the building to the trash dumpster enclosure. 3.11 Frovide a Knoxbox entry system for the complex prior to occupancy. 3.12 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). 3.13 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Flease contact Vicki Heugly (898-SS00) to address this concern prior to the public hearing. 3..14 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.1 S There shall be a fire hydrant within 100' of all fire department connections. 3.16 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). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Sadie Creek Promenade Subdivision Exhibit C Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 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). 4. Police Department 4.1 The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Sadie Creek Avenue. 4.2 The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief. and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.4 The proposed after-hours walk-up facility (e.g. ATM) has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.5 The loading areas shall be separated from all public parking areas. S. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance 5.3 Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box with a steel grate frame set in concrete. Prior to CZC approval, contact Meridian Parks and Recreation Department for specifications and tree box construction drawings. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District 7.1 Construct a minimum 5-foot wide detached concrete sidewalk on Ustick Road abutting the site. Dedicate right-of--way to accommodate the sidewalk or provide a sidewalk easement. 7.2 Construct a 40-foot wide north-south public street located at the west property line, with vertical curb, gutter and 5-foot wide attached concrete sidewalk abutting this parcel. A temporary turnaround is required. Install a sign at the terminus of the roadway stating that "THIS ROAD WIi,L BE EXTENDED IN THE FUTURE". Sadie GYeek Promenade Subdivision Exhibit C Pagc 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/U6 7.3 Aright-in/right-out driveway is approved on Ustick Road as constructed, located approximately 400-feet west of Eagle Road. 7.4 A full access driveway is approved on Ustick Road as constructed, located approximately 600- feet west of Eagle Road. 7.5 Driveways on the proposed Sadie Creek Avenue shall be located no closer than 120-feet to Ustick Road. 7.6 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.7 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.8 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.9 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.10 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.11 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.12 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.13 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.14 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.15 Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.16 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. Sadie Creek Promenade Subdivision Exhibit C Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 7.17 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. 7.18 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Sadie Creek Promenade Subdivision Exhibit C Pagc 8 CJTY OF MERIDLAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF 2/21/06 Exhibit D. Required landings from Zoning Ordinance 1. Annexation Findings UDC 11-5B-3E: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in teens of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: A. The map amendment complies with the applicable provisions of the comprehensive plan; In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as areas including commercial and residential development consistent with auto and service oriented uses. Staff finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Regional". The purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." The Council finds that the proposed zoning is in general eonfornrxance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP-OS-053/CUP-OS- 049/VAR-OS-022). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Several road improvement projects aze occurring in the near vicinity to the site or are approaching completion that are tied in with the approved and under construction projects, specifically Ustick Road. The subject property is generally surrounded by rapidly developing commercial properties. The Council does not find that there has been a change in the azea that dictates that this property should be rezoned. The Council fmds that the various proposed commercial uses would be allowed (permitted) within the requested C-G zone. The entire site is being proposed as commercial and upon build out the Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed commercial units but has agreed to use the design guidelines for commercial projects along gateway corridors when designing building facades. The Council finds that the proposed C-G zone with the proposed retail, office and restaurant uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appeazance with the intended character of the vicinity. The site is intended for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such Sadie Creek Promenade Subdivision Exhibit D Page 1 C1TY OF MER[D1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/2]106 as government offices. The Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Further, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained ui Exhibit B and all City Code provisions. The Commission and Council rely on auy oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent sanitary sewer service to this development is to be provided by the extension of sewer in Ustick Road. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The Council fords that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACRD has submitted a staff report with site specific and standard conditions are attached as Exhibit C. On October 28, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. If approved, the developer will be fmancing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. E. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). If the applicant enters into a Development Agreement (DA) with the City, the Council finds that the annexation and zoning of this property to C-G (General Commercial, and in accordance with the findings listed above, the Council finds that the annexation/zoning of this property, as proposed by the applicant, would be in the best interest of the City (see Analysis section in the Staff Report). 2. Preliminary Plat Findings UDC 11-6B-6: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: Sadie Creek Promenade Subdivision Exhibit D Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FQR THE HEARING DATE OF 2/21/06 A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and The Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD and ITD consider road safety issues in their analysis. 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. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural features of the perimeter of the site. 3. Conditional Use Findings UDC 11-SB-6E The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council finds that the site is 15.33 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. Sadie Creek Promenade Subdivision Exhibit D Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. 1'he Council finds that the proposed retaiUrestaurandoffice/drive thru uses meets the objectives of the Comprehensive Plan as listed in Section 7 of this report. Some of the standards of the UDC are not currently being shown by the applicant's site plan and building elevations. Specifically, the site plan needs to reflect the elimination of access to Eagle Road and building elevations need to be submitted in compliance with the entryway corridor design standards. If the applicant makes these changes, this fording will be met. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that the proposed retail uses complies with the uses permitted in the C-G zone and those uses allowed under the Development Agreement. The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The property adjacent to the west boundary to approximately 320 feet south of Ustick Road is zoned R-2 and is proposed as low density residential uses. The applicant will be required to construct the proposed buffer between land uses to address this less intensive use. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council fords that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP/PP/AZNAR conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will significantly increase. However, both ACRD and ITD have reviewed the application and placed special conditions on the applicant. These standards may include lighting, screening, landscaping and other areas intended to mitigate potentially harmful effects. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. A recently completed apublic-private partnership to improve Ustick Road to five lanes and ACHD is planning to install a traffic signal at the west boundary of the site shown at Sadie Creek Avenue. The commercial land use should not have any impact on the school system. Please refer to other comments prepared by the Meridian Fire Department. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council fords that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The additional commercial structures will improve the tax base for the City of Meridian. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or 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. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Sadie Creek Promenade Subdivision Exhibit D Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 The Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. The Council finds the future buffer between land uses along the west boundary and the Ustick/Eagle Road street buffers will help to nnitigate noise, fumes and glare created by the additional traffic. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The applicant will be required to comply with all state and local ordinances regarding conveyance of water and maintaining historic points of access. The Ada County Historic Preservation Council's Site Inventory does not show any structures or places listed for the subject property. The Council is unaware of any other scenic or historic features on this site. 4. Variance Findings UDC 11-SB-4D The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: If the City Council grants the access points to Eagle Road/SH55, it would grant a right that is currently prohibited not only in the C-G zone but for all new development adjacent to state highways. The applicant has more than 500 feet of frontage on Ustick Road with which to design multiple access points and take public street access. Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications ~to the standards of Article H upon specific recommendation of the ITD. However, to stars knowledge, no such recommendation has been provided to date. ITD staff has commented that standard district policy applies to the site which does not allow for access to Eagle Road other than at the '/z mile intersections. Therefore, the City Council finds that granting a variance to the site would be a special privilege which is not allowed in this district. 2. The variance relieves an undue hardship because of characteristics of the site; Council finds there are no physical characteristics of the site which demand access points be constructed that are any more unique or different than other properties along Eagle Road SH55. For example, there are no major canals or ditches which prevent access to Overland Road. The subject property has no barriers to constructing multiple access points to Overland Road as approved by ACHD. Granting any of the proposed access points to Eagle Road may relieve some traffic congestion within the site because southbound traffic on Eagle Road SH55 would not be forced to use Ustick Road to get through the Eagle/Overland intersection; drivers could potentially make a free right-out turn and avoid aright-hand turn on to Ustick Road from the site. However, this is not tied to a physical characteristic of the site, which is what this finding requires. In addition, when construction upgrades (signalized intersection at Sadie Creek Avenue) to Ustick Road to the west of the site are complete, aright-hand turn onto Ustick from the site should be relatively simple with little or no stacking for southbound traffic and multiple turning lanes for northbound traffic. Sadie Creek Promenade Subdivision Exhibit D Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 3. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that granting the right-in/right-out access points to Eagle Road SH55 has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing southbound traffic. Granting the full movement access has the additional potential conflict of adding vehicles to the center turn lane where the speed limit is 55 miles per hour. A velucle going 55 miles per hour will trave180.685 feet each second, as the proposed access is only 306 feet from the intersection it would take a south bound vehicle approximately 4.5 seconds to cover the entire length of the development where vehicles would be merging in multiple lanes. If a center median is constructed, some of these potential conflicts maybe avoided, but it does not address the increased number of vehicles needing to merge with southbound Eagle Road traffic. We recommend the Meridian Fire and Police Departments provide further testimony on this issue. Koh]'s CUP Application Exhibit F Page 1