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Pinebridge AZ 07-006 RZ 07-010 ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 90 , BOISE IDAHO 02/28/08 01:41 PM DEPUTY PaRi Thompson ~~~ ~~'~~~~~~~~~~~~~~~~~~~'~~~~~~~~~~ ~~~ RECORDED-REQUEST OF City of Meridian 1 H8022893 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. DMB Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of ~ ~ , 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and DMB Investments, LLC, whose address is 250 S. Beechwood, Suite 120, Boise, Idaho 83709, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WI~EREAS, I.C. § 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, 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 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 DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION PAGE 1 OF 11 ~~ 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 7`~ day of November, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the 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 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION PAGE 2 OF 11 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to DMB Investments, LLC, whose address is 250 S. Beechwood, Ste. 120, Boise, Idaho 83709, 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 Commercial), 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-2 which are herein specified as follows: Construction and development of 6l building lots and 2l common lots on 170 +/- acres in the proposed C-G zone pertinent to the AZ-07-006 and RZ-07-O10 applications. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: •~ DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION PAGE 3 OF 11 1. Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. 2. Pine Street shall be extended to Locust Grove prior to issuance of any Certificate of Occupancy for buildings that would require access to Pine Avenue. 3. Where there are existing utilities and where the surrounding public roads aze fixed, the developer shall be allowed up to 7 occupancy permits prior to final plat recordation. The Planning Duector and the Development Services Manager of the City of Meridian may consider allowing additional occupancy permits (not to exceed 13) if the administration of the previous 7 seems to be efficient and in the City's best interest. 4. The following concepts shall be employed in the development of the property: a. General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07. b. Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehiculaz driving surfaces through the use of pavers, colored or scored concrete, or bricks; c. Structures shall be built adjacent to roadways with a majority of the pazking to the rear and sides of the structures. d. Common azeas with site amenities (i.e., plazas/courtyazds, water features, picnic azeas, flower gazdens, public art, etc.) aze encouraged to be included within the office<retail portion of the development and will be required in the multi-family portion of the development. e. Structures should be oriented towazd each other or the adjacent street(s) if there is no parking in the front of the building; f. Windows, awnings, or arcades totaling at least 30% of the length of the facade should be provided for facades that aze viewable from other structures; g. Provide walkways at least 8 feet in width for any aisle length that is greater than 150 pazking spaces or 200 feet away from the main building entrance; DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDNISION PAGE 4 OF 11 h. Exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials -smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels aze prohibited except as accent materials. i. The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; j. Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; k. The primary building entrances shall be cleazly defined by the azchitectural design of the building. 1. A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that azea. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the~Owner/Developer or Owners/Developers heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two yeazs 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. Z. 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: 7.1 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. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PIlVEBRIDGE SUBDNISION PAGE 5 OF 11 inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event OwnerfDeveloper, or Owner/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate .action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDNISION PAGE 6 OF 11 delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy .provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the .performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which aze beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similaz causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may require irrevocable letters of credit, cash deposits, certified check as allowed under Meridian City Code Section 11-5-C, to insure installation of any unfinished improvements that aze not in conflict with Section 15 of this Agreement. At the City's sole discretion the Owner/Developer agrees to provide surety in the form as required by the City, if necessary. 14. CERTIFICATES OF OCCUPANCY: The Owner/Developeragrew that no Certificates of Occupancy will be issued until all improvements aze completed, unless the City and Developer/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. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDNISION PAGE 7 OF 11 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: DMB Investments, LLC 250 S. Beechwood, Suite 120 Boise, ID 83709 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIlVIE IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every tenor, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING i7PON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SiJBDNISION PAGE 8 OF 11 upon written request ofOwner/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. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developerand City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developerand City, other than as are stated herein. Except as herein otherwise provided, no subsequent .alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SiJBDNISION PAGE 9 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER DMB INVESTMENTS, LLC BY~ ~.~tt~ CITY OF MERIDIAN BY MAYOR Y de WEERD ~o ~ ~- "~~, ~% ATTEST: ~~ ~~ ' '% ~~o ~~~~~ CITY CL K ~~ ~`~ ~ ~T ~ ~ %~ Q~ t ~ P~\~.. ~~~~~~ ~lii9TY ~ ~~~~~~• /j~~llllllll 1111111\\\\ DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDNISION PAGE 10 OF 11 STATE OF IDAHO, ) ss County of Ada, ) On this ~ 9// day of ~~%~l~~irT_, 2008, before me, the undersigned, a No Public in and for said State, personally appeared --~~~s-~ ~~o~' known or identified to me to be the ~~ar of DMB Investments, LLC, acknowledged to me that he executed the sa~cne 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 fast above written. e~s~rens~~h~~s wo°o til l~ E • S~pj~O~ii ~~,,`,,~4+°ooeooooo00 ,` ~°i ° o o~~ °i (SEAL) ~ o T`~OT'`~~'p oo ° o ~ o° o®o a o~~ ~~ v,`°opUbL~c ®~ v °o .- ,,~ ~ o®°OOOOOO°°° l~y~ 0osa .., ,~~~ os~~ O 6~I~~~ooooo STATE OF IDAHO ) ss County of Ada ) Notary Public for/~aho Residing at: ~~ My Commission Expires: ~~,~o~~ -~h On this ~ ~ day of ~r ll Q f~. , 2008, before me, a Notary ~ ~ ~ Public, personally appeared Tammy de Weerd and ,know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such Ciry executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d~~a ~n this certificate fast above written. ,~.• • ••~• -r--, ;Y •i • S, AR.Y ~~, + ;'O ~~ i (SEAL) ~~"' ~ ~ otary Pub ' for Idaho O. `.~ ,~~; .~~ Residing at: S ~~., Fi7~~'-~Q~• Commission expires: - )~ ••••~A~.Q,• DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION PAGE 11 OF 11 ~~ DESCRIPTION FOR PtNEBR'IDGE OVERALL PARCEL December 26, 2006 A PARCEL OF LAND BEING PORTIONS OF THE NW'/, THE NORTH HALF OF THE SE'/ AND THE NORTH HALF OF THE SW '/ OF SECTION 8, TOWNSHIP 3 NORTH., RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BELNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMME'NC1NG AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO A POINT; THENCE S 00°05'54" W 40.76 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FAIRVLEW AVENUE, THE REAL POINT Of BEGINNLNG OF THIS DESCRIPTION.; THENCE S 89°59'07" E 867.33 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 00°04'24" W 1102.70 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LLNE OF TH'E NW'/ Of SALD SECTION 8; THENCE S 00°04'01" W 1502.84 FEET TO THE SOUTHEAST CORNER F THE NW '/ OF SAID SECTION 8; THENCE S 00°05'17" W 45.00 FEET ALONG THE WEST LINE OF THE SE'/ TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF P1N'E AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21 °10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT OF TANGENCEY; 19642-OVERALLPARCEL. THENCE N 00°20'57" W 15.00 FEET TO A POINT; THENCE N 89°39'03" E 1683.48 FEET TO A POINT; THENCE S 00°20'57" E 33.00 FEET TO A POINT; THENCE N 89°39'03" E 353.77 FEET TO A POINT; THENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; LEAVING SAID SOUTHERLY RIGHT OF WAY OF PINE AVENUE AND ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE S 71°10'34" W 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13..77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; THENCE N 44°54'55" W 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" W 6.50 FEET TO A P01NT ON THE WEST LINE OF THE SE'/ OF SAID SECTION 8; THENCE N 00°05'17" E 0.31 FEET TO A POINT; THENCE S 89°38'12" W 1329.04 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; 19642-OVERALLPARCEL THENCE N 00°00'36" E 331.45 FEET TO A POINT ON TH'E SOUTH LINE OF THE NW'/4 OF SAID SECTION 8; THENCE N 89°38'58" E 25.01 FEET TO A POINT; THENCE N 00°00'36" E 810.68 FEET TO A POINT; THENCE N 88°59'33" W 662.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF LOCUST GROVE ROAD; THEENCE N 00°00'16" E 670.41 FEET ALONG SAID RIGHT OF WAY TO A POLNT; THENCE S 89°59'39" E 483.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A P01NT; THENCE S 65°46'37" E 588.99 FEET TO A POi'NT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'.39" E 1189.46 FEET TO A POLNT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 435.78 FEET TO THE REAL POINT OF BEGINNING. SAfD PARCEL CONTAINING 169.80 ACRES MORE OR LESS. THIS PARCEL LS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. MICHAEL E. MARKS, PLS ND. 4998 REVIE App p~p~~ BY MAR 12 2~~~ MERIDIAN PUBLIC WORKS DEPT. 19642-OVER.ALLPARCBL .S 89'34'33" W. .2652.58'. 06 05• ~ - - N gg°34'33" E FAIRVIEW AVENllE ~ ~ ~ ~ •1061.36'• ~ ~ ~ . ~ .~ 05 0 7 0 8 15 91.5 9 ' - - - - - - - - ~8 S00°05'54"W w 589°59'07"E 867.33' NW SECTION • CORNER SEC8 40.76' ~ ~ • CP&F#9381309 ~ ~ O I O I'7 N ~ "EXHIBIT "B" °~' ''' ° O ~ ION of I N L z • ~ N89°53'28"E 100.03'. _~ ~ I I~ ~ ~ o BY V1 AP I~OVAL I N I "' (D I ~ ( O CV N I . MAR 12 2~~7 I ~ I . I 25.00 MERIDIAN RUBLIC S89°59'39"E SS ° WORKS DEPT, w S o ~ 483.27' 3~5~~ ,°~' N89°36'25"E c I ~° ~RQ9F I o 193.77' . ~ co S6s 4 100 I 63 .~Ilw S~ ~~~ z o I ~ 88 98 . F wm ~ N O w cD p I ~ ~ _ O p op O o o z N89°59'33"W o ° 662.38' OVERALL PARCEL ~ ( o° z S6.8°24'37"E 195.54' 7,396,686 sq.ft. z 25.00' 169.80 acres o I • I w o . • ~ o 00 0 I ~ ol~ • , ~ ol~ ~~ ~ I z . ~. N 89'38'58" E 25.01' 2649.67' CENTER 1/4 CORNER 07 _ 490.79' W1/4 CORNER 662.30' w 1962.36' ~ SECTION 8 ~ ~ S00°05'17"W 330.64' CP&F # 102003706 ~ ~ 45.00' o o O ~ ,,°o "' o° ~ S89°38'43"W °o N z 657.47' w Z N u~ - . a 07 08 0 ~ N Z 18 17 0° ~ S89_38'12"W 1329.04' 0 ~ REVISIONS Z N O 0 DRAWN: PINEBRIDGE OVERALL PARGEL LEGAL DESCRIPTION EXHIBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M MERIDIAN, ADA COUNTY, IDAHO M'EM (DATE: 12/15/06 SCALE: 1=400 ~ N ~, N ~ I ~ 00°05'17"E Stanley Consultants ~N~. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83.642 208-288-0573 JOB N0. 19642 ~ (r EXHIBIT 9999 05 _S 89'57'll_W 2644.03' O~ FAIRVIEW AVENUE o ~ N JJ O O~~ ~ N N89°36'25"E 193.77' I ~I N W 0 0 ~ o 0 0 0 ~Iz OI 0 0 0 LINE TA BLE LINE LENGTH BEARING L-1 13.46 N89°55'00"W L-2 42.49 N44°54'55"W L-3 6.50 N89°55'00"W L-4 33.00 S00°20'57"E L-5 15.00 N00°20'57"W 05 04 08 09 t0 7 N ~ N ~~ ?C I lV I I CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164.20' 444.28' 21'10'34" 83.05' S 79'03'46" W 163.27' w IN 0 0 I ~ • z I 0 la 0 ~ w z ~ o I S00°05'17"W I Q w 45.00' ~ ~ ~ ~ ~ ~ ~ S 89'39'03" W ~ ~ 2615.02' PINE AVENUE w 490.79' 440.75'' 08 09 ~ _ _ 330.64' L5 1683.48' L4 353.77' •1/4 C1 S44°22'51'E "' N 22.68' I ~. d' ~ ~ N OVERALL PARCEL of 00•" o I N00°05'17"E 7,396,686 sq.ft. of ~ o N 169.80 acres ~ m • 48.11' S71 °10'34"W ~ I L3 L2 74.43 ~ S01 °02'07"W o I 1 N88°55'23"W 50.00' I o _ _ _ w ~ 2423.39 - - ~~~ _ - o m N00°05'17"E S69°31'00"E ~ N o I ~ 97.08' 13.77' ~. a °o `~° S 88'57'53" E 127.02' 08 09 17 16 REVISIONS PINEBRIDGE OVERALL ~_ ~' PARCEL LEGAL ~~ Stanley Consultants INS O DESCRIPTION EXHIBIT . 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. SUITE 140 MERIDIAN, ADA COUNTY IDAHO MERIDIAN, FDAH0 83642 ' 208-288-0573 0 a D RAWN: MEM DATE: 12~15~06 SCALE: 1=400 JOB N0. 19642 DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BELNG MORE PARTICULARLY DESCRLBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°34'33" E 191.60 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°02'34" W 325.02 FEET TO A POINT; THENCE N 89°34'33" E 95.00 FEET TO A POINT; THENCE N 00°02'34" E 325.02 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8; THENCE N 89°34'33" E 580.75 FEET ALONG SAID NORTH LINE TO A P01NT; THENCE S 00°04'24" W 1150.10 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF TH'E NW '/ OF SAID SECTION 8; THENCE S 00°04'01" W 622.51 FEET ALONG SAID EAST LINE TO A POINT; THENCE S 88°13'39" W 847.84 FEET TO A POINT; THENCE N 68°24'37" W 321.74 FEET TO A POINT; THENCE S 00°02'44" E 829.49 FEET TO A POINT; THENCE S 89°38'58" W 817.40 FEET TO A POINT; THENCE N 00°00'36" E 660.67 FEET TO A POINT; 19642-ANNEXATION PARCEL 1 THENCE N 89°59'33" W 687.38 FEET TO A POINT ON THE WEST LINE OF THE NW '/ OF SAID SECTION 8; THENCE N 00°00'16" E 670.41 FEET ALONG SAID WEST LINE TO A POINT; THENCE S 89°59'39" E 508.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT;. THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 476.54 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 69.47 ACRES MORE OR LESS. TH9S PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. ~iEV PPROVAL BY MAR 12 2007 M WORKS DEPT.iC MICHAEL E. MARKS, PLS N0.4998 V~~ 'L~ ~~f ~~~.~ ~,:.'~ ~~.. r , ~. 19642-ANNEXATION PARCEL 1 r~ EXHIBIT "B" 6 05 S 89'34'33" W 2652.58' FAIRVIEW AVENUE 1591.59' ~ 191.60' 580.75' 7 08 3 N ~`' ~ o ~ N N N00'02' o "~ 325. ~ o I~ " N .~ I ~ I N W ~ ~ ~ m N S89~59'39"E o w Sss Z 508.27' S~. ~3jRQ p9~ I R Sss 4 o (o s 8 ~~F ~ I tD W ~ N~ ~ S68'24'37"E ~ 195.54' t" N89~59'33"W ~ 687.38' U O J N I W ~IO ~ O W '~ I ~ (gyp' ~ I O ~~~ m o ~' g `~ o• ~ 0 zl S89 :38'58"W 817.40' N 89°38'58" E . 7 0$ 6'87.31' N H 2 Q H J Z O U a 89'34'34 89'53' 28"E 100.03' ANNEXATION PARCEL 3,025,929 sq.ft. 69.46 acres O' ~ ~ N O N O (co O N S8813'39"W 847.84' N O ap ' Ni WORIKS D pT~G 0 0 0 z REVISioNS PINEBRIDGE ANNEXATION PARCEL ONE (1) Stanley Consultants ~N~. LEGAL DESCRLPTION EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. SUITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 1/4 CORNER 05 193.64' b) I NI 0 ~ ~ d' O ' N d' O o ~n o° ~ o rri cn~ I ~ cfl N ~ I ~ N89'36'25"E 193.77' DRAWN: M EM~DATE: 12/ 15/06 I SCALE: NTS~JOB N0. 19642 I MAR 12 2007 DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SW'/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SW '/4 OF SECTION 8 (WEST'/ CORNER), T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 662.30 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION:; THENCE N 89°38'58" E 1987.37 FEET TO THE NORTHEAST CORNER OF THE SW'/ (CENTER'/ CORNER) OF SAID SECTION 8; THENCE S 00°05'17" W 662.33 FEET ALONG THE EAST LINE OF SAID SW'/ TO A POINT; . THENCE S 89°38'12" W 1329.06 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; THENCE N 00°00'36" E 331.45 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINi'NG 25.22 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVlE PP pVAL BY MAR 12 ~~~°~ MERIDIAN PUBLlC WORKS DEPT. 19642-ANNEXATION PARCEL 2 EXHIBIT "C" O6' 05 . 07'08 z C7 °o C I ~Im c~ I • N ~ A I ~ o D ^'- p 07 08 , z a rn ~ rn ~, N Qp W Ui o~ m Z z 0 U z In 0 REVISIONS a 0 DRAWN: FAIRVIEW AVENUE S 89'34'33" W ANNEXATION ~ PARCEL 1 7/4_CORNER 2652.58' `I dl8s z 0 0 0 ,o m I IN W 0 ..p 2649.67' CENTER 1987.37' w o o ~ o ~' W w ' °' o IT1 O S8_8~_W ANNEXATION PARCEL 2 ss7.47' 1, 098, 607 sq. ft. w Z 25.22 acres o wo D ~ o ~ ~_ _ D m p ~_ _ _. S89'38'12"W ~~ 1329.04' I ~, w p,,N LAYNE INDUSTRIAL PARK o ~-! BY VIE OVgL ~aR f z z~~, MERIDIAN PUBIiC VVORKS DEPT. PINEBRIDGE ANNEXATION PARCEL TWO (2) LEGAL EXHIBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO MEM (DATE: 12/15/06 SCALE: 1 " =400' Stanley Consultants .NC 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 I JOB N0. 19642 , DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SE'/ OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, fDAHO, BEING MORE PARTICULARLY DESCRfBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE '/ (EAST'/ CORNER) OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, PDAHO, THENCE S 89'°39'03" W 440.75 FEET ALONG THE NORTH LINE OF THE SE '/ TO THE REAL POINT OF BEGINNFNG OF THIS DESCRIPTION; THENCE S 00°20'57" E 33.00 FEET TO A POfiNT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; THENCE N 89°39'03" E 353.77 FEET ALONG SALD SOUTHERLY RIGHT OF WAY TO A POI NT; THENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE S 71°10'34" W 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A P01NT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; 19642-REZOIVF PARCEL 1 THENCE N 44°54'55" W 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" W 6...50 FEET TO A POINT ON THE WEST LINE OF THE SE'/ OF SAID SECTION 8; THENCE N 00°05'17" E 617.64 FEET ALONG SAID WEST LINE TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY R1GHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21°10'34", A TANGENT OF 83.0.5 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT ON A CURVE; THENCE N 00°20'57" W 15.00 FEET TO A POINT; THENCE N 89°39'03" E 1683.48 FEET TO THE REAL POINT OF BEGINNING OF THI'S DESCRLPTIDN. SAID PARCEL CONTAI'N1NG 49.64 ACRES MORE OR LESS. THIS PARCEL I'S SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVIEW ~RDVAL BY ~A~ 12 2€~~~ . /i~ ~~~~~ ti~7.~~~ ~~ ~~ ~~~~; ~_ ~ WORKS DEPT.IG 19642-REZONE PARCEL 1 EXHIBIT "B" ~ CENTER 1/4 CORNER PINE AVENUE 1/4 CORNER N 89'39'03" E 2615.02' 440.75' 08 09 497$' - - ~~ - - ~~ - - 00' 1683.48' 330.64' 353.77' N 89'39'03" E C1 N00'20'S7"W N 89'39'03" E 15.00 S00'20'S7"E S 44'22'51 "E 33.00' 22.68' I I coo 3 ~~ REZONE PARCEL 1 olrn ~ 4- 2,,162,334 sq,ft. o'~lo 0 L3 N.oo'o5'17"E 49.64 acres o '~ °' ~ (n I N 48.11' S71'10'34"W o L2 74.43' z L1 N00'05'17"E S01'02'07"W --~~ 7.08 _.,, -- - N88'S5'23"W 50.00' I -~' - - --~.~~ - o 2423.39' S69'31'00"E o 13.77' ~ ~ w O J N S 88'57'53" E l a CD w CO N 127.02' 1/16 CORNER I i~ ~ r~ ~ I ~ ~. o N O BY VIE PP OVAL ~ N ~~~ ~ z Z~~f FRANKLIN ROAD 08 S 89'39'17" W 08 09 M WORKS DEPT.IC ~1 /4 CORNER ~ . 257o.ss' 17 16 LINE TA BLE LINE LENGTH BEARING L-1 13..46 N89°55'00"W L-2 42.49 N44°54'55"W L-3 6.50 N89°55'00"W CURVF TARI F CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164.20' 444.28' 21'10'34" 83.05' S 79'03'46" W 163.27' REVISIONS PINEBRIDGE REZONING PARCEL (1) LEGAL DESCRIPTION EXHIBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO Stanley Consultants ~N~. 1940 S. BONITO WAY SUITE 140 MERIDIAN., IDAHO 83642 208-288-0573 MEM (DATE: 12/15/06 I SCALE: 1=400 I JOB N0. 19642 ~.._ ~~ DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/<, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCR)BED AS FQLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW'/< OF SECTION 8 (WEST'/ CORNER), T. 3 N., R.. 9 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 687.31 FEET ALONG THE SOUTH LINE OF THE NW '/ TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°00'36" E 950.00 FEET TO A POINT; THENCE N 89°38'58" E 817,40 FEET TO A POINT; THENCE N 00°02'44" W 829.,49 FEET TO A POINT; THENCE S 68°24'37" E 321.74 FEET TO A POINT; THENCE N 88°13'39" E 847.84 FEET TO A POINT ON THE EAST LINE OF SAID NW %; THENCE S 00°04'01" W 880.32 FEET TO THE SOUTHEAST CORNER OF SAID NW'/4, THENCE S 89°38'58" W 4962..36 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 26.03 ACRES MORE OR LESS., THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVI APP VAL BY MAR 13 X007 MERIDIAN PUBLIC WORKS DEPT. 19642-REZONE PARCEL 2 DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 3 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/, OF SECTION 8, TOWNSHIP 3 NORTH., RANGE 1 EAST OF TH'E BOISE MERIDIAN, ADA COUNTY, LDAHD, BEl'NG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1783.19 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO THE REAL POINT OF BEGiNN'ING OF THIS DESCRIPTION; THENCE N 89°34'33" E 95.00 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°02'34" W 325.02 FEET TO A POINT; THENCE S 89°34'34" W 95..00 FEET TO A POINT; THENCE N 00°02'34" E 325.02 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 0.70 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVIE ~R'OVAL BY MAR ~ 3 2007 MERIDIAN PUBLIC WORKS DEPT. MICHAEL E. MARKS, PLS NO. 4998 19642-REZONE PARCEL 3 EXHIBIT "C" 06 05 o~ oa r O n c c~ 0 rn O D O PINE o~ oe AVENUE N89'38'S8"E 687.31' FAIRVIEW AVENUE os 1/4 CORNER S 27 ~`3~~F N88'13'39"E 4 847.84' z 0 wIo fV O ~ N Cn I~ `P ~ REZONE PARCEL 2 ~Io z o °o ~ 1,133,930 sq.ft. Wlo 0 0° 26.03 acres N o ~,, o_ ~ t-ri N89'38'58°E . . 817.40' S89~38'S8"W CENTER 1/4 CORNER 1962.36' __ i 1REVISIONS PINEBRiDGE REZONING PARCEL (2) LEGAL DESCRIPTION EXHIBIT V/IV ~~~ s ~~ ~ ~~ ~L Cs•~ LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO Stanley Consultants .NC. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM (DATE: 12/26/06 I SCALE: 1=400 JOB N0. 19642 EXHIBIT "D" S 89"34 33" W 2652 58' 06 OS FAIRVIEW AVENUE N 89'34'33' E 1/4050RNER 95 00' 07 08 ~ 1783.19' 774 39' 8 N00"02'34"E 325 02' S00"02~34~ W 325 02' " °~ o ~" I S89'34 34"W I ~~ 95 00 a N REZONE PARCEL 3 , 30,878 sq f# I I °Q 0 71 acres ~° .,o I I I~ ~_ 0 I W J ° ~ I w a ~- 0 0 Z ~ ~~ 0 .o JJ Z 07 os vA~. REVIE gY MAR 13 2007 y MERIDIAN pUB~1C a WORKS DEPT. } REVISIONS PINEBRIDGE REZONING ~~ ~~7 ~, PARCEL (3) LEGAL Stanley Consultants ~~. O DESCRIPTION EXHIBIT 1940 S. 80NIT0 WAY LOCATED tN SECTION 8, T..3 N.., R.1 E.., B.M.. suITE 140 MERIDIAN ADA COUNTY kDAHO MERIDIAN, IDAHO 83642 a ' 208-288-0573 0 RAWN: MEM DATE: 12/15/06 SCALE: 1=400 ,fOB N0. 19642 r '~ ., .~ 1Ia ~~ ti^ --- • .~. ~SG'~ 0 7 ZOO; Cry Of IVl~ridian City Clerk O~~ice CITY OF MERIDIAN E IDIAN~- FINDINGS OF FACT, CONCLUSIONS 1 D A li 0 OF LAW AND DECISION & ORDER In the .Matter of the Request for Annexation and Zoning of 94.69 acres from Rl and RUT (Ada County) to C-G (General Retail & Service Commercial) District; Rezone of 75.67 acres from I-L (Light Industrial) District to C-G (General Retail & Service Commercial) District; Preliminary Plat of 61 building lots and 21 coanmon lots on 170 +/- acres; and Variance for two access points to N..Eagle Road, by Stanley Consultants. Case No(s).. AZ-07-006, RZ-07-010, PP-07-008, and VAR-07-007 For the City Council Hearing Date of: October 16, and 23, 2007 (Findings on the November 7, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 4. Required Fi~nd'ings per the Unified Development Code (see attached Staff Report for the hearing date of October 23~, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall. exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be revYewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07•`008, VAR-07-007 -1- 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 aze imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions, Prelminary Plat, Conditions of Approval, and Development Agreement provisions, all in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Annexation and Zoning request, as evidenced by having submitted the legal description and exhibit map, stamped and dated February 5, 2007, by Michael Marks, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference; 3. The Applicant's Rezone request, as evidenced by having submitted the legal description and exhibit map; stamped and dated February 5, 2007, by Michael Marks, PLS, is hereby conditionally approved; 4. The Applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/5/07 is hereby conditionally approved; and, 5. The Applicant's Variance request for an access point to Eagle Road1SH 55 from Commercial Street is hereby approved; 6. The Applicant withdrew the Variance request for an access point to Eagle Road proposed between Commercial Street & Pine Avenue; and 7. The site specific and standazd conditions of approval are as shown in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ=07-01'0, PP-07-008, VAR-07-007 -2- D. Notice of Applicable Time Limits Notice of Twelve (1.2) Month:Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preluninary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 October 23, 2007. CITY OF MERIDIAN FITTDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-01'0, PP-07;008, VAR-07-007 -3- By action of the City Council at its regular meeting held on the ~ ~~ day of 2007. COUNCIL MEMBER DAVID ZAREIvIBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD 'TIE BREAKER MAYOR TAMMY de WEERD ATTEST: ~~ VOTED__6~~ VOTED_ `~~~ VOTED_~~~G~ VOTED_Z~~~ VOTED MAYOR'S dg~WEER ~ ; o ~~a~~ WILLIAM G. BERG, JR., TY ; LERk~ ~ ~' Copy served upon: /, Applicant '~~~~~''~~~„~~~,~~~~~~``` 1/ Planning Department '/ Public Works Department -~~City Attorney B Dated: ity Clerk's Office ~" ~~~~~ CITY OF MERIDIAN FIIVDIIVGS OF FACT, CONCLUSIONS OF LAW AIVD DECISION & ORDER CASENO(S). AZ-07-006, RZ-07-OIO,'PP-0'1-008, VAR=07-007 -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 STAFF REPORT HEARING DATE: October 23, 2007 (Continued from September 18, October 2, and October 16, 2007) TO: Mayor 8i City Council FROM:. Sonya Wafters, Associate City Planner E IDIAN~ (208) 884-`5533 . LDAHO SiJ'BJECT: Pinebridge . • AZ-07~~006 Annexation and Zoning of 94.69 acres from R1 and RUT (Ada County) to C- G (General Retail & Service Commercial) District • RZ-07:=010 Rezone of 75.67 acres from I-L (Light Industrial) District to C-G (General Retail &c Service Commercial) District • PP-07=008 Preliminary Plat of 61 building lots and 21 common lots on 170 +/- acres • VAR-07-007 Variance for two access points to N. Eagle Road 1.. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Stanley Consultants, has applied for Annexation and Zoning (AZ) of 94.69 acres from Rl and RUT' (Ada County Zones) to C-G (General Retail and Service Commercial) District; Rezone (RZ) of 75.67 acres from I-L (Light Industrial) District to C-G Zone; Preliminary Plat (PP) consisting of 61 commercial building lots and 21 common lots on 170 +/- acres; and a Variance (VAR) for two access points to N. Eagle Road. As part of the AZ & RZ applications, the applicant has subnutted a conceptual site plan showing the proposed uses and layout of the development along with conceptual building elevations of some of the proposed buildings. The Pinebridge development is proposed to consist of approximately 3,000,000 square feet of commercial, light office, and multi-family residential uses and a medical campus. Buildable lots for the~;proposeii subdivision range in size from 0.43 of an acre to 13..62 acres. The proposed development will also result in the extension of E. Pine Avenue between Locust Grove and Eagle Road, which will serve as the primary eastlwest connection for the proposed development. The proposed Pinebridge Avenue will serve as the primary north/south connection between Fairview Avenue and Pine Avenue. Two roundabouts are proposed for Pinebridge Avenue and Pine Avenue; one is proposed for the intersection of Pine Avenue and Webb Avenue and a second one is proposed for the intersection of Pinebri`dge Avenue and E. State Avenue. Across-access agreement(s) will be provided for the development to allow for shared parking. A Variance is requested for :two access points to Eagle Road; the first access request is for the continued use of an existing access point on Commercial Street that has been used by Elixir, and the second request is for a new access point which will be located on Eagle Road halfway between Pine and Commercial. The VAR for access points aze required due to a change in use of the property and because the locations proposed do not comply with the spacing requirements of the LJDC. The overall site consists of approximately 170 acres and is located on the south side of E. Fairview Avenue, on the east side of N. Locust Grove Road, on the west side of N. Eagle Road, and on the Pinebridge AZ RZ PP VAR PAGE f CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 north side of E. Commercial Street. The subject property is within the City's Area of Impact and the Urban Service Planning Area. Part of the subject property, 75 acres, is already annexed into the City. The remainder, 95 acres is still zoned in the County. 2. SUMMARY RECOMMENDATION The subject applications (AZ; RZ, PP, & VAR) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Rezone, Preliminary Plat, and Variance applications. Staff is recommending approval of the proposed AZ, RZ, & PP applications but is recommending denial of the VAR request per the conditions listed in Exhibit B of the Staff Report, based on the F~r-dirigs in Exhibit D of this report. (The Commission is not required to make a recommendation to City Council on the Variance request.) The Meridian Plannin & Zoning Commission heard these items on Mav 17 June 21 July 19 and Auauct 16 ~nn~ Aa al. L~ ~ i. In favor: Dan Torfin DMB Investments• Jack Cortabitarte ii. In opposition: None iii. CommentinQ:: None iv. Written testimony None v. Staff bresenting applicafion• Sonya Watters vi. Other staff commenting on application• Caleb Hood IL Kev Issue(s) of Discussion by Commission• i. The timeline of the extension of. Pine Avenue to Locust Grove Road• u. The existence of historical structures on the property and what the Applicant intends on doing with them iii. The location of the 10-foot wide multi-use pathway required by the Master De*6..,....- m__ .L_---. .. .. iv. The requirement for a final plat to be signed prior to issuance of any c permits on the site* v. Requiring the Applicant to provide cross access to adjacent industrial properhes• ii. Modify condition 1.1.3 in Exhibit B, regarding structures being built adjacent tc roadways with parking to the rear and sides of the structures to the "majority" of parking to the rear and sides of the structures iii. Modify condition 1.2 6 in Exhibit B regarding cross access and driveway stubs to not require cross-access to the Elliott Group and H2NR parcels but require emergency access to be provided to the H2NR parcel at the southeast corner still require cross-access to the Cortabitarte and Belair parcels 1V. OII COndltinn Z_ld in Fvha,:+~ ...,.~...r_ ~a__ ___________ _~.. _.~...._ __ v. the property: Pinebridge AZ RZ PP VAR PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 vi. Modify condition 4.6 in Exhibit B. which restricts the Pinebridge/Fairview ~, Outstanding Issue(s) for City Council: i. Historic Preservation Commission should provide a recommendation to the City Council regarding the historic structures on the site• Applicant should also comments from the HPC to determine if anv of the buildings should be preserved. ii. The Commission requested that the Applicant and Staffwork together to come up with a condition that would allow for occupancy permits to be issued prior to roads are fixed, the Applicant shall be allowed up to 7 occupancy permits prior to final plat recordation. The Planning Director and the Development Services interest." Staff has added this as condition #1.2.11 in Exhibit B. iii. Blue Cross .of Idaho has expressed concern to the Planning Department regarding access. to their property once Pine Avenue is widened The Applicant is working with ACRD and BCI to resolve the access issue Staff is unaware of the. outcome of those negotiations. This is the main reason the project was continued the last time. proposed'access point to Fail Road from ommercial• the Applicant withdrew the Variance request for .the access point to FaQle Road pronoced behveen Commercial and Pin g, ummarv of itv o'~n it Publi Hearin i. favor: Dan Torfin. Applicant' Reprecentative: Mik .Ford: Dennic Baker• Tuck .win vii. Inoppositiori: Dave ratte4 Blue Crocc of Idaho viii. Commenting: arv Incel_man. A .HD: Pat Dobie ix. ritten tectimonv: .elda ever-Sylvia. Blame rocs .of Idaho x. tall presentin appli ation: Anna .annin xi. Other staff commenting on app ication• Non g, K_ey Issues of Discnscion by ouncil• i. The Ann icant hould meet with the Historic Preservation Commission to determine if.anv of the exictin ctructurec on the cite are considered historic and should be preserved• ii. he siQnalization of the Fairview/Pinebrid a intersection: iii. The relocation of Blu rocs' driv way f ~rrh r to the wPCt away from the Pine/EaQle intercection• iv. raffic impacts on .a le Road and adiac nt roadways: v. ronosed access poin c to .a l Road: Pinebridge AZ RZ PP VAR PAGE 3 CITY OF M'ERI'DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 vi. Withdrawal of the Variance request for the access n_nint to Eagle Road between C i l d Pi L ommerc a an ne: Key Council Changec to Staff/Commiccion Recommendation i. Modi condition #1 2 10 regard' ,~ the timing of the extension of Pine Avenue Grove Road to prior to issuance of anv ertificate of Occunancv rather than Ceirtificate of Zoning Compliance for buildings that would require access from Pine Avenue. 3.. PROPOSED MOTION Approval After considering ail staff, applicant and public testimony, I move to approve File Numbers A~07- 006, R~07-010, PP-07-008, & VAR-07-007 as presented in staff report for the hearing date of October 23, 2007, with the following modifications: (Add any proposed modifications.) Denial ' After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 006, RZ-07-010, PP-07-008, ~& VAR-07-007 as presented during the hearing on October 23, 2007, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance ; I move to continue File Numbers AZ-07-006, RZ-07-010, PP-07-008, & VAR-07-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specifc reason(s) for continuance..) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: ; South of E. Fairview Avenue, East of N. Locust Grove Road, west of N. Eagle Road, and north of E. Commercial Street (see page 2 of application for specific parcel numbers). ~. Section 8, Township 3 Noith, Range 1 East b. Owner: DMB Management, LLC ' 250 S. Beachwood, Ste. 120 Boise, Idaho 83709 c. Applicant: Stariley Consultants 1940 S. Bonito Way, Suite 140 Meridian, ID 83642 d. Representative: Michael Wilson, Stanley Consultants e. Present Zoning: R1 (AdaCounty), RUT (Ada County), C-G (General Retail and Service Commercial), and I-L (Light Industrial) f. Present Comprehensive Plan Designation: Mixed Use -Community, Mixed Use -Regional, and Industrial ' g. Applicant's Statement/Justification: From Applicant's narrative submitted with application, "Pinebridge Subdivision will provide the City of Meridian with high quality commercial uses, Pinebridge AZ RZ PP VAR PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 offices, multi-family residential development, and a proposed medical campus. Approximately 3,000,000 squaze feet of residential, commercial, and light office uses are proposed for Pinebridge. The large scale of the proposed development will result in significant job creation and property tax revenue for the City of Meridian. The proposed development will also result in the construction of the extension of E. Pine Avenue between Locust Grove and Eagle Road; this extension will provide a critical road connection for the City of Meridian... The proposed rnulti- family residential component of Pinebridge will help to add to Meridian's diversity of housing types by adding multi-fair ly housing to a housing inventory that is made up primarily of single- family residential development... Pinebridge Subdivision will be an innovative, vibrant, mixed- use development which will provide quality commercial and office development, a medical campus, and multi-family housing." (See applicant's narrative for more information.) 5. 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 UDC 11-SA-2, a public hearing is required before the Compassion and City Council on this matter. b. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public heazing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and' City Council on this matter. d. The subject application will in fact constitute a Variance as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the City Council on this matter. ~ e. Newspaper notifications published on: Apri130, 2007 and May 14, 2007 (Commission); August 27, 2007 and September X10, 2007 (Gifu Council) f. Radius notices mailed to properties within 300 feet on: Apri120, 2007 (Commission); AuQUSt 24, 2007 (Gifu Council) ~ g. Applicant posted notice on site by: August 6, 2007 (Commission); September 27.2007 (Gifu Council 6. LAND USE a. Existing Land Use(s): There are a few existing single-family homes and associated outbuildings on this site but the site primarily consists of vacant land. b. Description of Chazacter of Surrounding Area: The azea surrounding this site consists primarily of industrial uses and vacant undeveloped land with some office and commercial uses, with a multi-family development to the north of the site. c. Adjacent Land Use and Zoning: 1. North: Commercial uses, zoned C-G; Vacant undeveloped property, zoned RUT (Ada County); multi-family residential development, zoned R-40; Industrial, commercial, & office uses, zoned I-L 2. East: Industrial, com nercial & office uses and undeveloped property, zoned I-L; Commercial property; zoned C-G 3. South: Industrial property, zoned I-L; offices, zoned L-O; school, zoned L-O Pinebridge AZ RZ PP VAR PAGE 5 CITY OF MERIDIAN PLANiVING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 4. West: Industrial property, zoned I-L; Vacant ground, zoned RUT in Ada County; Commercial property, zoned C-G; residential property, zoned R-8 and R-40 d. History of Previous Actions: • The northern portion of this property was previously platted in Ada County as part of Pleasant Valley Subdivision; a very small southern portion was platted as part of Gemtone Center Subdivision No. 5; and the rest has not been previously platted. • A development application was previously submitted for Pinebridge in 2005 (AZ=05-01.3, PP- 05=015, & CUP-OS-02.0) that included all of the subject property except for the portion east of N. Machine Avenue. This previous application was withdrawn by the Applicant. ,. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to sewer to mains located in Locust Grove Road, East Fairview Ave and East Pine Ave. Location of water: Tliis property is proposing water service to mains located in Locust Grove Road, East Fairview Ave and East Pine Ave. Issues or concerns: None 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through or adjacent to this sites All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: The Planning Department is not aware of any hazards associated with this property. 4. Proposed Zoning: C-G (General Retail and Service Commercial) 5. Size of Property: 170 +/- acres f. Landscaping 1. Width of street buffer(s) adjacent to: E. Fairview Avenue: N. Locust Grove Road E. Pine Avenue: '; N. Eagle Road: Pinebridge Avenue: E. Commercial Street E. Wilson Lane: E. State Street: E. Shellbrook Drive: N. Webb Avenue: • N. Machine Avenue: 25 feet (principal arterial) 25 feet (minor arterial) 25 feet (minor arterial) 35 feet (principal arterial & entryway corridor) 20 feet (collector) 20 feet (collector) 20 feet (col'lector) 10 feet (local) 10 feet (local) 10 feet (local) 10 feet (local) Note: UDC Table 11-1B-31ists the required street buffer widths for the following street classifications: Street landsca a buffer in feet Local 10 Collector 20 Arterial 25 Pinebridge AZ RZ PP VAR i PAGE 6 CITY OF MERIDIAN PLANNING DERARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Ent a corridor 35 If the street classification of any of the above-listed streets is incorrect, please refer to the table above for the correct buffer width. Street buffers shall be constructed in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. 2. Width of buffer(s) between land uses: A 25-foot wide buffer is required adjacent to all residential uses. Buffers shall be constructed in accordance with the standards listed in UDC 11-3B-9C. 3. Common open space: NA (Common open space will be required with CUP approval of the mul"ti.-family residential portion of the development, per UDC I1-4-3-27C.) g. Amenities: NA (Amenities will be required with CUP approval of the proposed multi family residential portion of the development, per UDC 11-4-3-27D.) h. Off Street Parking: One off-.street parking space is required for every 500 square feet of gross floor area in commercial districts, per UDC 11-3C-6B. (See UDC 11-3C-6for required number of off-street parking spaces for residential use.) i. Required Dimensional Standards for the C-G zone: Front setback: 0 Rear setback: 0 Interior side setback: 0 Maxunum building height: 65 feet Maximum building size without design standard approval: 200,000 square feet (See UDC 11-4-3-27Bfor',specific dimensional standards forMulti family Residential Use) Summary of Proposed Streets and/or Access: Access to the proposed development will primarily be provided from E. Fairview Avenue via Pinebridge Avenue, and N. Eagle Road & N. Locust Grove Road via Pine Avenue. The applicant is proposing to construct Pinebridge Avenue south from E. Fairview Avenue;and extend E. Pine Avenue to the west from N. Eagle Road to N. Nola Road, which will serve as the primary access points into the development. Pinebridge Avenue will be constructed within 64 feet of right-of--way with a 46-foot wide street section (measured back to back), curb, gutter, and a 7-foot wide attached sidewalk. Pine Avenue will be constructed within 96 feet of right-of way with a 72-foot wide street section (measured back to back), curb, gutter, a S-foot wide planter, and detached 5-foot wide sidewalk. East Wilson Lane is proposed to stub to the west at the northern portion of the development for future connection to the existing Wilson Lane west of the site. East State Street is proposed to connect to the east to an existing segment of State Street. North Webb Avenue and North Machine Avenue are proposed to connect to the south to existing segments of these streets. North Newbridge Place will be constructed to the south from E. Pine Avenue to provide access to Lots 4 & 5, Block 2. East Shellbcook will provide access from N. Locust Grove Road to the proposed multi-family portion of the development and connect to Pinebridge Avenue. Commercial Court (an existing private road) runs along the south boundary of the site. Across-access agreement will be recorded for Pinebridge to allow for shared parking. Staff is generally supportive of the proposed street system within the development with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. However, Staff is not supportive of the access points proposed on Eagle Road/SH 69 (see Section 10, Analysis, below for more information). Pinebridge AZ RZ PP VAR PAGE 7 CITY OF MERIDIAN PLAN VINE DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 7. COMMENTS MEETING On Apri127, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS A majority of the subject property is designated "Mixed Use -Community" (MU-C) and "Mixed Use - Regional," (MU-R) with a 1.5 acre portion designated as "Industrial" on the Comprehensive Plan Future Land Use Map. The proposed C-G zoning district is compatible with the afore-mentioned Mixed Use designations but is not compatible with the Industrial designation. The Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not necessary for the industrial designated property and that the requested C-G zone and commercial use of this property would be more appropriate because of the property's size (1.5 acres) and proximity to Mixed Use designated land. Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub- categories. "Generally, the mined-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to~ offer the developer a greater degree of design and use flexibility." The MU-C category allows for residential densities of 3 to 15 units per acre. Sample uses in this category also include: grocery stores, ding stores, coffee/sandwich shops, dry cleaner/Laundromat, professional off ces, retaiUgift shops, clothing stores, garden centers, restaurants, banks, drive-thru facilities, auto service stations, department stores, medicaUdental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons, and daycares. The MU-R category allows for residential densities of 3 to 40 units per acre. This category includes all of the afore-mentioned uses allowed in the MU=C category and also includes entertainment uses, major employment centers, and clean industry. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the folloxwing manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - A portion of the subject lands currently lies within the jurisdiction of the Meridian Rural Fire District and a portion lies within the jurisdiction of the Meridian City Fire Department. Once annexed the lands that are currently in the County will be under the jurisdiction of the Meridian City Fire Department, who shares resource and personnel with the Meridian Rural Fire Department. - The portion of the subject property that is currently in the County is under the jurisdiction of the Ada County Sheriff's Office. The portion that is currently in the City is Pinebridge AZ RZ PP VAR PAGE 8 CITY OF MERIDIAN PLAN~IVING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 under the jurisdiction of the Meridian Police Department (MPD). Once the County portion is annexed.., all of the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD) except for N. Eagle Road (SH SS), which is owned and maintained by the Idaho Transportation Department (ITD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. 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. The applicant plans to develop the property with a mix of multi family residential, light office, and retail uses; with a medical campus. The proposed use of the property will provide a variety of uses in this area of the City. Chapter IV, Goal II -Diversify economic base of City -make Meridian more than a "bedroom" community. Per the Applicant's narrative, the proposed Pinebridge development is planned to add approximately 3, 000, 000 square feet of commercial, residential, and off ce development to the City and help to diversify the economic base of the City. • Chapter VI, Goal II; Objective A, Action 12 -Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets. Development of this property should reduce the number of existing access points onto adjacent arterial streets by eliminating the current access points and providing :nternal access from the proposed streets within the development. An internal cross-access and cross- parking agreement will also be required for the proposed lots within this development. • Chapter VII, Goal V, Objective A, Action 7 -Continue promoting quality mixed-use developments in accordance with the Future Land Use Map. The Future Land Use Map designates this property as Mixed Use. Staff believes that the proposed multi family, off ce, and retail use of this property will be a quality mixed use development. • Chapter VI, Goai V -Encourage the development of a continuum of services to meet the health care needs of the citizens of Meridian. A medical campus is planned within this development, which will help to meet the healthcare needs of the citizens of Meridian. • Chapter VII, Goal II -Serve the Treasure Valley as a regional industrial, commercial, and retail distribution hub. Pinebridge AZ RZ PP VAR PAGE 9 CITY OF MERIDLAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 The significant commercial component of Pinebridge will help to make Meridian a commercial hub jor the Treasure Palley. • Chapter VII, Goai IV =Encourage compatible uses to minimize conflicts and maximize use of land. The proposed medical campus, commercial, light office, and residential uses are compatible with existing uses in the Eagle/Fairview area of Meridian and with the Comprehensive Plan designations for future development in the area. • Chapter VII, Goal III -Ensure that adequate public services, including transportation, for existing and future development are provided. The extension of Pine Avenue and construction of Pinebridge Avenue will provide key transportation routes for the City of Meridian. • Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential .properties from incompatible land use.developrnent on adjacent parcels. The applicant is proposing a commercial zone. The UDC requires a 25 foot wide landscape buffer be constructed adjacent to residential uses to assist in buffering residential properties from commercial uses, in accordance with the standards listed in UDC II-3B-9C. Staff has included a condition of approval that the Applicant must comply with this requirement. • Chapter IV, Goal I, Objective A, Action 6 -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. The proposed mixed-use development is contiguous to the City and can be provided with urban services at the time offinal approval. • Chapter V, Goal I, Objective A.3 -Encourage infill development in vacant/underdeveloped areas within the City over fringe area development to halt the outward progression of urban development. The subject infill property is largely surrounded by land that has been annexed into the City and is located close tq the core of the City. Annexation and development of this property will allow urban growth within an underdeveloped area of the City. • Chapter V, Goal III, Objective B, Action 8 -Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway. A portion of this development is located adjacent to Eagle Road, an entryway corridor into the City. As such, a 35 foot wide landscape buffer will be required adjacent to Eagle Road in accordance with UDC 11-3B-7, Landscape Buffers along Streets. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses within the C=G zoning district. Retail stores, professional services (offices), and healthcare services are listed as principal permitted uses in the C-G zone. Multi-family residential developments require conditional use approval in the C-G zone and are subject to the Specific Use Standards listed in UDC 11-4-3-27. See I1DC 11-2B-2 for a complete listing of uses allowed in the C-G zone. Pinebridge AZ RZ PP VAR PAGE 10 CITY OF MERIDIAN PLANNING DEP',~4RTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 b. Purpose Statement of theCommercial Districts: 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 proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading .to Staff Recommendation: AZ Application: The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Community (MU-C). The applicant is proposing a C-G zone, which is generally consistent with the MU-G designation. Approval of the subject annexation and zoning request would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject .property. According to UDC 11-2B-2, the uses proposed for this site, retail stores, professional services, and healthcare services, are principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with approximately 3.,000,000 square feet of residential, commercial, and light office uses. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use for this property, Staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation: The annexation legal descriptions for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho Stage Tax Commission. RZ Application: The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Regional (MU-R), Mixed Use -Community (MLT-C) and Industrial. The proposed C-G zoning district is compatible with the MU-R and MU=C designations but is not compatible with the Industrial designation. The Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a reap amendment is not necessary for the industrial designated property and that the requested C-G zone and commercial use of this property would be more appropriate because of the property's size (1.5 acres) and proximity to Mixed Use designated land and that the property owner owns all of the subject property. Approval of the subject rezone request would al-low the Applicant to obtain a conunercial (C-G) zoning designation for the subject property. According to UDC 11-2B-2, the uses proposed for this site (i.e. retail stores, professional services, and healthcare services) are principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site wil'1 redevelop with approximately 3,000,000 squaze feet of residential, commercial, and light office uses. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use for this property, Staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal description for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are acewate and meet the requirements of the City of Meridian and Idaho State Tax Commission. Pinebridge AZ RZ PP VAR PAGE I I CITY OF MERIDIAN PLAN RVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Development Agreement: In conjunction with the AZ & RZ, Idaho Code §67-6511 A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses, per UDC 11-SB-3D2. Staff believes that a DA is necessary to ensure that the site develops in an attractive manner. If the Commission or Council feels additional DA requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. Staff would like to see the following concepts employed in the development of the property: 1) pedestrian connections between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; 2) structures built adjacent to roadways with parking to the rear and sides of the structures; 3) common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.); 4) structures oriented toward each other with windows, awnings, or arcades totaling at least 30% of the length of the facade viewable from other structures; 5) provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; ~ exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block,~textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials -smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; 7) at least 2 changes in one or a combination of the following shall be incorporated into the building design: color, texture and materials; 8) rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, hvo or more roof planes, varying parapet heights, and cornices; and 9) the primary building entrances shall be clearly defined by the architectural design of the building. A Development Agreement will be required as part of the annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: . Development: of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. • No building permits shall be issued, prior to final plat recordation. • The following concepts shall be employed in the development of the property: - General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stariley Consultants, Inc., dated 3-5-07. - Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete., or bricks; - Structures shall be built adjacent to roadways with a majority of the parking to the rear and sides of the structures; - Common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.) are encouraged to be included Pinebridge AZ RZ PP VAR PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARRVG DATE OF OCTOBER 23, 2007 within the office/retail portion of the development and will be required in the multi-family portion of the development. - Structures should be oriented toward each other or the adjacent street(s); - Windows, awnings, or arcades totaling at least 30% of the length of the facade should be ;provided for facades that are viewable from other structures; - Provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; - Exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials - smooth, faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; - The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines~ shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; - The primary building entrances shall be clearly defined by the architectural design of the building. - A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that area. PP Application: The Applicant has submitted a preliminary plat/conceptual site plan for this site labeled as Sheets 1, 2, 3, & 4 of 7, prepared by Stanley Consultants, Inc., and dated March 5, 2007. The proposed :subdivision consists of 61 buildable lots and 21 common lots. All proposed lots meet the dimensional standards for the requested C-G zone. Buildable lots range in size from 0.43 of an acre to 13.62 acres. Staff has reviewed the preliminary plat/conceptual site plan and is supportive of the following design features represented on the plan: 1) the orientation of the buildings adjacent to Eagle Road with parking to the side and rear of the structures; 2) the roundabouts which should reduce speeding and assist in traffic flow; and 3) planter islands. The Applicant has not submitted a phasing plan for this site. Due to the size of this development and the proposed extension of Pine Avenue, the Applicant should address the timeline for development of the site at the Commission hearing and submit a phasing plan prior to or at the Commission meeting. Additionally, depending upon the Applicant's phasing plan, the Commission may want to include a DA provision that Pine Avenue be extended prior to issuance of Certificate of Zoning Compliance's on the site. Proposed Streets and/or Access: Primary access to the development is proposed to be provided from E. Fairview Avenuevia Pinebridge Avenue, and N. Eagle Road & N. Locust Grove Road via Pine Avenue. The applicant is planning to construct Pinebridge Avenue south from E. Fairview Avenue and extend E. Pine Avenue to the west from N. Eagle Road to N. Nola Road, which will serve as the primary access points into the development. Pinebridge Avenue will be constructed within 64 feet of right-of way with a 46-foot wide street section (measured back to back), curb, gutter, and a7-foot wide attached sidewalk. Pine Avenue will be constructed within 96 feet of right-of way with a 72-foot wide street section (measured back to back), curb, gutter, a Pinebridge AZ RZ PP VAR PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT.FOR THE HEARING DATE OF OCTOBER 23, 2007 5-foot wide planter, and detached 5-foot wide sidewalk. East Wilson Lane is proposed to stub to the west at the northern portion of the development for future connection to the existing Wilson Lane west of the site. East State Street is proposed to connect to the east to an existing segment of State Street. North Webb Avenue and North Machine Avenue are proposed to connect to the south to existing segments ;of these streets. North Newbridge Place will be constructed to the south from E. Pine Avenue to provide access to Lots 4 & 5, Block 2. East Shellbrook will provide access from N. Locust Grove Road to the proposed multi-family portion of the development and connect to Pinebridge Avenue. Across-access agreement will be recorded for Pinebridge to allow for shared parking. ACRID' has submitted comments on this application, included in Exhibit B, which reconunend against .the approval of the proposed traffic signal at the Fairview/Pinebridge intersection as currently proposed. Staff is generally supportive of the proposed street system within the development with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. However, Staff is not supportive of the two access points proposed to Eagle Road with the VAR application because access to the site can adequately be provided from Pine Avenue that runs along the northeast boundary of the site, in addition to the other proposed access points to the other arterial roadways. Cross-Access/Driveway Stubs: There are some parcels adjacent to this site that should be interconnected to this development. Staff believes that cross access easements and driveway stubs should be provided. to the following parcels: 87104250004 (Cortabitarte, at the east boundary); 87104251802 (Belair Leasing, Inc., at the west boundary); 82333350010 (Elliott Group, LLC., at the west boundary); and 82333350020 (Ii2NR, LLC., at the west boundary). Across-access agreement should be recorded granting cross-access to these parcels via a note on the plat or a separate agreement. Providing cross-access to the afore-mentioned properties will assist in providing interconnectivity to adjoining parcels and limiting access points on adjacent roadways. Cross access easement(s) should also be recorded for all lots within this subdivision That share drive aisles. Staff is not requesting that a stub be provided to the south from the multi-farruly portion of the development to the Duncan property (parcel #S 1108233990) because of the Comprehensive Plan Future Land Use Map designation of Industrial for the property. Staff feels that connectivity to this parcel should be provided from the south via Pine and/or from the west via Locust Grove through properties that are designated for similar type uses. Landscaping: The Applicant has submitted a landscape plan with this application, labeled as Sheet 1 of 1, prepared by Stanley Consultants, Inc., and dated March 22, 2007. Landscaping must be installed on this site in accordance with the standards listed in UDC 11-3B, Landscaping Requirements. The landscaping shown on the landscape plan submitted with this application is approved with the following modification/comments (NOTE: The internal landscaping has not been reviewed and is not approved with this plat. Internal landscaping will be subject to compliance with the iJDC during the CZC review. Perimeter and landscaping adjacent to streets shall be completed as part of the platting process): • A 35-foot wide street buffer is required along Eagle Road, an entryway corridor in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 25-foot wide street buffer is required along E. Fairview Avenue, Pine Avenue and N. Locust Grove Road, and any other street(s) classified as an arterial street, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 20-foot wide street buffer is required along all collector streets, Landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 10-foot wide street buffer is required along all local streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. Pinebridge AZ RZ PP VAR PAGE 14 CITY OF MERIDIAN PLAN VING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 • A 25-foot wide buffer to residential uses is required in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffer to Adjoining Uses. • Internal pazking lot landscaping is required upon development of each lot in accordance with the standazds..`listed in UDC 1 l -3B-8, Parking Lot Landscaping. • Per UDC 1 i-3B-1.'0, the applicant should work with the City Arborist, Elroy Huff, on designing, adoptirig, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepazed by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standazds of installation should apply as listed in UDC 11-3B-14. 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. The preceding modif cations and notes should be shown on a revised landscape plan submitted with the final plat application(s), the Certificate of Zoning Compliance and Conditional Use Permit application(s). Existing Structures: The site currently contains some existing structures. All existing structures that do not meeting setbacks or the dimensiona•1 standards of the UDC shall be removed prior to the City Engineer's signature on the final plat. There are several old structures located at the corner of Nola and Pine that may be classified as historical structures. The Applicant shall address at the public hearing what they intend on doing with these structures. Building Elevations: 'The Applicant has submitted an elevation of their office building proposed to be located adjacent to the Pinebridge development at the corner of Pine and Hickory (see Exhibit A.5). The Applicant states that this elevation is representative of what Borne of the buildings wil'1 look like within the proposed Pinebridge development. A list of construction materials for the future buildings on the site was not provided by the Applicant. Due to the size of this development, Staff does not believe that requiring all buildings within the development to resemble the elevation submitted with this application would be practical. However, in order to ensure that future buildings on this site develop in an attractive manner, Staff is including design provisions in the Development Agreement for future buildings (see DA provisions above and in Exhibit B). Design Standards: Al'1 structures proposed within the development that exceed 200,000 squaze feet or that are located on an entryway corridor (Eagle Road), shall be required to obtain design review approval and comply with the design standazds Fisted in UDC 11-3A-19C. Further, all structures located adjacent to Fairview Avenue, Pinebridge Avenue, and Pine Avenue shall also be required to comply with the afore-mentioned design standards because of the high visibility of the structures. Fencing: The Applicant is not proposing to construct fencing on the site and none is required by the UDC. If permanent fencing is not constructed on the site, temporary fencing to contain debris during construction should be installed around the perimeter of the site. Pathways: The Master Pathways Plan depicts future 10-foot wide multi-use pathways across this site. Multi-use pathways should be constructed on this site in accordance with the standards listed ui the Pathways Plan and the locations depicted on the Master Pathways Plan included as Exhibit A.4 in this report and per the text in the Pathways Plan as follows: 1) The pathway shown on the Pathways Plan (Settlers Cieek Pathway, Locust Grove-Treasure Valley RWT) along the northwest portion of the site on the north side of the multi-family portion of the development is Pinebridge AZ RZ PP VAR PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 planned to be located "on either the north or south side of the Settlers Canal where it will eventually connect with a short existing segment of pathway before continuing east as a proposed pathway. Where the Flume Canal disappears the pathway heads south to connect to the Treasure Valley RWT." Because there is an existing segment of pathway along the north side of Settlers Canal on the H2NR I,LC & Paddington Subdivision HOA properties, Staff believes that the pathway should continue to Locust Grove along the north side of the Settlers Canal and be constructed upon development of the Leonard property (R7104253800). The Applicant should connect to the existing segment of pathway and extend the pathway on the north side of the Flume Canal to the east property boundary. The pathway should then extend south along the west side of Machine Avenue then cross Machine and run along the Snyder Lateral to the south property boundary for future connection to the Treasure Valley RWT. 2) The pathway shown on the Pathways Plan (Meridi:'an Loop Pathway, Franldin-Fairview) is planned to extend from the Treasure Valley RWT and~head north along Nola Road and then northeast to the signal at Hickory Way and Fairview. The Applicant should construct the pathway along the east side of Nola Road along the west property boundary, north across Pine Avenue, then east along the north side of Pine Avenue and north along the west side of Pinebridge Avenue. Where the pathway meets the pathway required along the Flume Canal, the pathway should cross Pinebridge and extend north along the east side of Pinebridge and stub to the Cortabitarte property at the northeast corner of the site for future extension to the east as shown on the conceptual plan in Exhibit A. The multi-use pathways in each phase of the development shall be constructed prior to signature on the final plat of each phase. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: 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 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 imgation system should be installed~to a111andscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Multi-family Development: The preliminary plat/conceptual site plan submitted with this application depicts amulti-family development proposed for the western portion of the site. This plan shows 25 multi-fami°ly buildings with an undisclosed number of residential units. Multi- familydevelopments required Conditional Use Permit (CUP) approval in the C-G zone, per UDC 11-28-2. Staff questions how the design of the multi-family area shown on the concept plan will create a viable rnuhti-family project with a public road bisecting the units. A CUP shall be submitted prior to fmal plat submittal for this area so that the exact layout and design for the multi-family development can be reviewed and approved prior to construction of the roads in this area. The subject application does not grant approval of the proposed multi-family development, location or~'number of structures, number of dwelling units, or driveway approval; a CUP is required for approval of the proposed multi-family development on the site. Additionally, Specif'c Use Standards (LJDC 11-4-3-27) apply to multi-farrrily developments as follows: a. Setbacks: Buildings shal'1 provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. Pinebridge AZ RZ PP VAR PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 b. Service areas: Ori-site service azeas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. c. Private, usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location, and a directory and map~tof the development at a convenient location. e. Covered Parlang.•. iTDC 11-3C-6 requires that multifamily developments shall provide parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or: garage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. f. Common Open Space Design Requirements: A minimum of 350 square feet of outdoor common open space shall be provided for each unit containing more than 1,200 square feet of living area. The common open space shall be not less than 400 square feet in azea, and shall Have a minimum length and width dimension of 20 feet. g. Amenities: UDC::11-4-3.27 requires that multi-family developments between 20 and 75 units provide 3 amenities from separate categories (i.e. quality of life, open space, or recreation). h. Elevations: Elevations aze required to meet the architectural standazds set forth in UDC 11-4-3-27E. i. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: - The landscaped area shall 'be at least 3-feet wide; - For every 3 lineaz feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped area. j. Maintenance and Ownership Responsibilities: Per iJDC 11-4-3-27G, a legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. VAR Application: The applicant is requesting a Variance from the standards listed in UDC 11- 3H-4Blcand 11-3H-4B2„regarding Development along Federal and State Highways. Because the east boundary of this site is located adjacent to State Highway (SH) 55 (Eagle Road), the standards listed in UDC 11-3H-4B regarding Development along State Highways, apply to the development of this property. The Applicant is proposing two access points to SH 55. The first is from the existing Commercial Court, which is a private road located approximately 860 feet south of the centerline of Pine Avenue that has been used by Elixir. The second is a new access point proposed to be located half--way between Pine and Commercial, approximately 440 feet north of the south property line. Se'e Exhibit A.4 for proposed access points to SH 55. Pine Avenue is located in accordance with UDC 11-3H, % rrrile between Fairview Avenue and Franklin Road. Per UDC 11-3H-4B, use of existing approaches (in this case, E. Commercial Pinebridge AZ RZ PP VAR PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Street) to SH 55 shall be allowed to continue provided that all of the following conditions are met: 1) The existing use is'lawfuh and properly permitted effective September 15, 2005; 2) The nature of the use does not change (for example, a residential use to a commercial use); and 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). Staff has reviewed these standards and found that the intensity of the proposed use of the site will increase because of the square footage of commercial space proposed. The IJ'DC further states, "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and rerioved." Additionalhy, "No new approaches directly accessing a state highway shall be allowed and public street connections to the state highway shall only be allowed at the section line road and the half mile mark between section line roads (where Pine Avenue currently exists). These half mile connecting streets shall be collector roads." The applicant is requesting a Variance to the above-stated standards and is proposing that the existing Commercial Street approach be allowed to continue and that a new approach to SH 55 be allowed on the west side of SH 55, midway between Pine Avenue and Commercial Street. The applicant's justification for the proposed variance, per the applicant's narrative submitted with the application, is "The two variances are being requested to relieve undue hardships associated with the site. If the proposed project were smaller in scale it would not be necessary to propose an additional access point on SH 55; the 170 acre size of the proposed development and the location of the project make it necessary to create a new access point to provide adequate connectivity and access for the proposed development. The change in intensity of the use for the existing Ehixir access point warrants the second proposed variance to allow for the continuing use of an existing access point. The proposed change in use of the subject property is supported by Meridian's Comprehensive Plan; the Pinebridge property is designated for Mixed Use, Industriah, and Mixed Use Regional development. It would not be possible to develop the subject property in a manner consistent with Meridian's Comprehensive Plan without changing the intensity of use on the property." ]n order for the Council to:.grant a variance, the Council shall make the following findings: - The variance shall~not grant a special right or privilege that is not otherwise allowed in the district; ; - The variance relied es an undue hardship because of characteristics of the site; and - The variance shall'not be detrimental to the public health, safety, and welfare. Staff does not believe that •the afore-mentioned findings can be made for approval of the variance request in this instance. Please see Staff's analysis of the findings in Exhibit D of this report for more information. Further; Staff does not believe that two additional access points to SH 55 aze necessary as there is an existing access point to SH 55 via Pine Avenue, along the northeast boundary of this site, which will provide access to the east side of this development. b. Staff Recommendations Staff is recommending approval of the proposed AZ, RZ, & PP applications but is recommending denial of the VAR request per the conditions listed in Exhibit B of the Staff Report, based on the Findings in Exhibit D of this report. The Meridian Plannine & ~,.,....,..~•,.~~------ L - - , .. .. - - - - public hearing on October 23 2007 th v aunroved the cnbiect A7 R7 pp and VA r the mono edi~a cc point to .a 1 -Road from omm rciaL• the A*_+nlir~ Pinebridge AZ RZ PP VAR PAGE I8 C1TY OF MERIDIAN PLAN VING DERARTM'ENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Commercial and Pine. 11. EXHIBITS A. Drawings , 1. Vicuuty/Zoning Map 2. Preliminary Plat (dated: 3/5/07) 3. Landscape Plan (dated: 3/22/07) 4. Site Plan for Variance Request 5. Conceptual Building Elevation 6. Overview of Site 7. Master Pathways Plan depicting conceptual locations of future multi-use pathways B. Agency Comments/Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unif ed Development Code Pinebridge AZ RZ PP VAR PAGE 19 A. Drawings 1. Vicinity/Zoning Map Exhibit A 2. Preliminary Plat _- _ -_ ® ~ •gsavr ~m '~ :r~i~° a - ~ ~am~a ~. msow~o. ~" ' _~~_ ` ~m~...m. .. .. ..0..em.®m.o... 1--~ ~--; ~~ ~--1~----A I ~ ~ ~.~ .~ ~.e ~q~. i~ t=~ ~9 ~~ ~m ~/ ~--__ ~1 ~. Exhibit A ~__ ~~ 8 a 55 ~~i 01 4 M ~ ' ~~~ ~ ®~~ Or ~ Oil AMA .~i~fi ~~~~ ~ ~ Y•m A ~ IWUO tlRIICF 1 • s .. o ~ ~ ~., - i g~ 9 . _ - .. ~ B ~ ~J ., ' ~I M Wrier' N'Y ea R~~r® ~ .. "'° ° ' 4 v 7 Exhibit A 1 Exhibit A , 1 Y ~ ~_ ~ ~ ~~ \d O Z Exhibit A ' Exhibit A 3. Landscape Plan (dated: 3/22/07) Exhibit A 4. Site Plan for Variance Request Exhibit A 5. Conceptual Building Elevation ~- -- .. A..~.. .. .. 6. Overview of Site 1 I Z I 9 I • I 5 I t~t"J1 ,~ ~--_ .~! ~;, ~ 'a'`• ~~''• mil ~y ~~._ z- ~ ~ 1 6 Exhibit A 7. Master Pathways Plarrdepicting conceptual locations of future multi-use pathways Exhibit A B. Agency Comments/Conditions 1. PLANNING DEPARTMENT ~' 1.1 ANNEXATION/REZONE COMMENTS 1.1.1 The rezone legal description for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City ofMeridian and Idaho State Tax Convnission. 1.1.2 The annexation legal descriptions for Parcels 1 & 2 submitted with the application (stamped on February 5, 2U07 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Comnussion. 1.1.3 A Development Agreement wil°1 be required as part of the annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a nununum, the following: • Development , of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. • A final plat istiall be recorded, prior to the issuance of Certificates of Zoning Compliance; fhe site shall be a lot and block in a recorded subdivision. • The following concepts shall be employed in the development of the property: - General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07, as amended below. - Pedestrian connections shall be constructed between buildings in the form of pathways+.. distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; - Structures shall be built adjacent to roadways with the ma,~ority of parking to the rear and sides of the structures; - Commorn~ areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.) are encouraged to be included within the office/retail portion of the development and will be required in the multi-family portion of the development. - Structures shall be oriented toward each other or the adjacent street(s) if there is no parking in front of the building; - Windows, awnings, or arcades totaling at least 30% of the length of the facade shall be provided for facades that are viewable from other structures; - Provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; - Exterior building walls shall demonstrate the appearance of high quality materials: of stone, brick, wood, or other native materials (acceptable materials Exhibit $ include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials - smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; - The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines+: shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; - The primary building entrances shall be clearly defined by the architectural design of.the building. - A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that area. 1.2 PRELIMINARY PLAT -SITE SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat and :conceptual site plan labeled as Sheets 1, 2, 3, and 4 of 7, prepared by Stanley Consultants, Inc., :dated March 5, 2007, is approved, with the conditions listed herein. 1.2.2 The landscape plan, labeled as Sheet 1 of 1, prepared by Stanley Consultants, Inc., dated March 22, 2007, is approved .with the following modifications/comments (NOTE: The internal landscaping has not been reviewed and is not approved with this plat. Internal landscaping will be subject to compliance with the UDC during the CZC review. Perimeter and landscaping adjacent to streets shall be completed as part of the platting process): a. Landscaping must be installed on this site in accordance with the standards listed in UDC 11-3B, Landscaping Requirements. b. A 35-foot wide street buffer is required along Eagle Road, an entryway corridor in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. c. A 25-foot wide street buffer is required along E. Fairview Avenue, Pine Avenue and N. Locust Grove Road, and any other street(s) classified as an arterial street, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. d. A 20-foot wide street buffer is required along all collector streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. e. A 10-foot wide street buffer is required along all local streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. f. A 25-foot wide buffer to residential uses is required in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffer to Adjoining Uses. g. Internal parking 1'ot landscaping is required upon developrent of each lot in accordance with the standards listed in UDC 11-3B-8, Parking Lot Landscaping. h. Per UDC 11-3B=10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and irnpiementing a protection and mitigation plan for the existing trees on site. i. A written certif cate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B 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. The preceding modifications and notes should be shown on a revised landscape plan submitted with the 'final plat applications, the Certificate of Zoning Compliance and Conditional Use Permit application. 1.2.3 Construct 10-foot multi-use pathways within this development in accordance with the standards listed in the Meridian Pathways Master Plan and the conceptual locations depicted on the Pathways Plan shown in `Exhibit A.4 of this report and per the text in the Pathways Plan as follows: 1) The pathway shown on the Pathways Plan (Settlers Creek Pathway, Locust Grove- Treasure Valley RWT) along the northwest portion of the site on the north side of the rnulti- family portion of the development is planned to be located "on either the north or south side of the Settlers Canal where ,it will eventually connect with a short existing segment of pathway before continuing east as :a proposed pathway. Where the Flume Canal disappears the pathway heads south to connect to the Treasure Valley RWT." Because there is an existing segment of pathway along the north -side of Settlers Canal on the I42NR LLC & Paddington Subdivision HOA properties, Staff believes that the pathway should continue to Locust Grove along the north side of the Settlers Canal and be constructed upon development of the Leonard property (87104253800). The Applicant shall connect to the existing segment of pathway and extend the pathway on the north side of the Flume Canal to the east property boundary. The pathway should then extend south along the west side of Machine Avenue then cross Machine and run along the Snyder Lateral to the south property boundary for future connection to the Treasure Valley RWT. 2) The pathway shown on the Pathways Plan (Meridian Loop Pathway,'Franklin-Fairview) is planned to extend from the Treasure Valley RWT and head north along Nola Road and then northeast to the signal at Hickory Way and Fairview. The Applicant should construct the pathway along the east side of Nola Road along the west property boundary, north across Pine Avenue, then east along the north side of Pine Avenue and north along`the west side of Pinebridge Avenue. Where the pathway meets the pathway required alongithe Flume Canal, the pathway should cross Pinebridge and extend north along the east side of Pinebridge and stub to the Cortabitarte property at the northeast corner of the~~site for future extension as shown on the plan in Exhibit A. The multi-use pathways in each phase of the development shall be constructed prior to signature on the final plat of each phase. 1.2.4 A Conditional Use Penmi't is required for the multi-family residentia'1 portion of the development depicted on the conceptual site plan. All future structures shall comply with the architectural standards listed in UDC:~11-4-3-27E for multi-family developments. A Certificate of Zoning Compliance (CZC) is required for each building within this development prior to issuance of a building perrrtit. Development of the site shall substantially comply with the conceptual development plan submitted with this application. NOTE: A CZC application may include multiple/all multi family units within the development. 1.2.5 All structures proposed within the development that exceed 200,000 square feet or that are located on an entryway corridor (Eagle Road), shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. Further, all structures located adjacent to Fairview Avenue, Pinebridge Avenue, and Pine Avenue shall also be required to comply with the afore-mentioned design review standards. 1.2.6 Cross access easements and driveway shtbs shall be provided to the following parcels: 87104250004 (Cortabitarte, at the east boundary); 87104251802 (Belair Leasing, Inc., at the west boundary); v~~~~~cnn:in in.n:,.«« r_-,.....~ T T n~ .,..t.e ...ee* ~. ...,:~s,h ....a n~~2zncnn~n . Emer~encv access shall be provided to the I2NR aarcel Exhibit B at the southeast corner. Across-access agreement shall 6e recorded granting cross-access to these parcels via a note on the plat or a separate agreement. A cross access easement shall also be recorded for all lots within this subdivision that share drive aisles. 1.2.7 All signage for the site requires approval of a sign permit. All signage must comply with UDC 11-3D-SI and 11-3D-10, Table 2, for subdivision identification signs. 1.2.8 If permanent perimeter fencing is not constructed on the site, temporary fencing to contain debris during construction shal'1 be installed around the site prior to release of building permits. 1.2.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.10 Pine. Avenue shall be. extended to Locust Grove Road prior to issuance of any Certificate of Occunanev for buildings that would require access from. Pine Avenue. 1.2.11 Where there are existing utilities and where the surrounding public roads are fixed. the if 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Locust Grove Road. The applicant shall install all mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Locust Grove 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 A water stub to the east shall be provided to allow for a fwhue looped system, it shall be covered by a standard City of Meridian easement. 2.4 Prior to any excavation or, improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 2.5 Any potential reunbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reunbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. Exhibit B 2.8 The City of Meridian requiies that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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. 2.9 Ali existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to building permits being released. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.12 As proposed, additional width to the public utilities, drainage and irrigation easement along the right-of way shall~be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 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- domestie purposes such as landscape irrigation. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Per UDC 11-3A-6A.3.a, the City Council may City Council may also waive this requirement for large~apacity facilities 2.15 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and the road base approved, prior to applying for building permits. 2.16 All development unprovements, including but not limited to sewer, water, fencing, micro-paths, pressurized irrigation andlandscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to issuance of building permits. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Perntting that maybe required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. Exhibit B 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/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 markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5: h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1.;000 feet of the project. 3.3 Any roadway greater than. 150 feet in length that is not provided with an outlet shall be required to have an approved tum around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required beforecombustible construction is brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GV W. 3.9 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The officelcommercial lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced Exhibit B 261.2 responses in the year:. 2004.. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.1.2 Maintain a separation of 5' from the building to the dumpster enclosure. 3.13 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.14 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.15 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with~the International Fire Code. 3.16 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 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 steal°1 be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the. distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.19 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.20 There shall be a fire hydrant within 100' of all fire department connections. 3.21 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.22 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.23 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.24 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to Exhibit B 124,000 square feet (1152U m2) that have a single approved fire appazatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.25 Connect E. Conunercial Street to Machine Avenue on the east side of N. Machine Avenue. 3.26 The Pinebridge/Fairview intersection access point should be a right-in/right-out only. 3.27 Lot 1, Block 17 may have limited visibility and access points prohibit driveways on curves. 3.28 No access points should be allowed to/from Eagle Road. 4. POLICE DEPARTMENT 4.1 Prior to release of building permits, the applicant shall submit a pazking plan for all off-street parking in the multi-family development to the Planning and Zoni ig Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The north/east/soutli/west facades shall include windows that look onto the parking areas and/or other public areas. 4.4 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All micropaths and open areas shall have adequate lighting. 4.5 The loading areas shall be separated from all public parking areas. 4.6 The Pinebridge/Fairview intersection access point should be a right-in/right-out only. the design of which shall. be subiect to ACRD aDaroval. 4.7 Lot 1, Block 17 may have~limited visibility and access points prohibit driveways on curves. 4.8 No access points should be allowed to/from Eagle Road. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate 60-feet ofright-of--way from the section line of Fairview Avenue abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the;right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct the additional third travel lane of Fairview Avenue abutting the site with pavement widening, vertical curb, and gutter. The construction of this lane is unpact fee eligible and the applicant can be reimbursed for the costs associated with the construction of the third lane. Exhibit B 7.1.3 Construct a 7-.foot attached (or 5-foot detached) concrete sidewalk on Fairview Avenue abutting the site. 7.1.4 Enter into a cooperative agreement with the District to dedicate the full right-of way and construct Pine Avenue through the site, from Eagle Road to Nola Road, as a complete 5-lane roadway. This roadway shall be constructed as a standard 72-foot street section with vertical curb, gutter, and 7-foot attached corcrete sidewalks (or 5-foot detached) within 96-feet of right- of=way. The complete 5-lane roadway with vertical curb and gutter are impact fee eligible improvements. The applicant is responsible for the cost designing and constructing the sidewalk and any landscaping improvements. 7.1.5 Construct Pine Avenue at its intersection with Eagle Road as a 7-lane roadway section to mirror the east leg of the intersection, in accordance with the submitted traffic impact study. Reconstruct the north side Hof Pine Avenue abutting the Blue Cross site to achieve the mirroring of the east leg, this will invoice re-location of the existing curb, gutter, and sidewalk approximately 5 to 7-feet to the north. 7.1.6 Dedicate sufficient right-of way and construct a separate right-turn lane on the eastbound Pine Avenue approach to Eagle;Road. 7.1.7 Design, construct, and install a signal at the intersection of Pine Avenue and Hickory Avenue. Install the conduit and poles at the tune of construction. When the signal meets traffic warrants the District will install the~mast arms and signal heads. The applicant is responsible for all costs associated with the design~,and construction of the signal and shall pay for the cost of all of the signal equipment at the time the poles are installed. 7.1.8 Extend and construct Hickory Avenue south of Pine Avenue to intersect Commercial Court. Hickory Avenue shall be constructed as a conunercial roadway (40-foot street section with vertical curb, gutter, and 5=foot concrete sidewalk) within 54-feet ofright-of--way. 7..1.9 Construct one collector roadway, Shellbrook Street, to intersect Locust Grove Road centered between the existing Shellbrook Street and Buchman Street on the west side of Locust Grove Road to create a T-type intersection. Construct Shellbrook Street as a standard 46-foot collector street section with vertical curb, gutter, and 5-foot detached (or 7-foot attached) concrete sidewalk. Re-design the large extended center island within Shellbrook Street to more clearly direct the public traffic; with the re-design there shall no longer be a public street on the northern side of the island. Coordinate the design with District Planning Review and Traffic Services staff. 7.1.10 Comply with the District's Interim Policy for converting private roadways to public standards i.f Commercial Court is intended to be converted to a public roadway. 7.1.11 Submit a detailed analysis of the proposed roundabouts for the State Street/Pinebridge Avenue and and the Pinebridge Avenue/Pine Avenue intersections prior to design and construction of the intersections or signature of a final plat. If the staff review of the analysis determines that a roundabout is not appropriate, further analysis will be required to determine the appropriate intersection control. ~. 7.1.12 Construct State Avenue, Webb Avenue, Machine Avenue, and Wilson Lane as 40-foot commercial roadways within 54-feet of right-of--way complete with vertical curb, gutter and 5- foot concrete sidewalk. 7.1.13 Construct Pinebridge Avenue. to intersect Fairview Avenue in alignment with the main driveway for Oakbrook Plaza on the north side of Fairview Avenue, approximately 265-feet west of the original proposal. Construct the roadway as a collector roadway with a standard 46-foot street section with vertical curb, gutter, and 7-foot attached sidewallcs within 70-feet of right-of way. Provide 21-foot street seciions on either side of the proposed center landscape islands. Exhibit B 7.1.14 Construct two right-in/rigilt-out only curb-return type driveways on Fairview Avenue, one located at the east property line and one located at the west property line. Install a 6-inch raised concrete median on Fairview Avenue to prevent the left-inlleft-out turning movements for these driveways. 7.1.15 Construct the following curb return type driveways on Pine Avenue • Aright-in/right-out driveway located a minimum of 250-feet west of Eagle Road (measured near edge to near edge). Shift this access if it is located within the required right-turn lane of the intersection. • Afurl-access driveway in alignment with Rosario Street. • Afull-access driveway on the south side of Pine centered between the PinebridgefPine roundabout and the Pine/Newbridge intersection. • A ful'1-access driveway on the south side of Pine centered between the Nola/Pine intersection and the Pine/Pinebridge roundabout. • A full access driveway on the north side of Pine in alignment with Machine Avenue. • A full access driveway on the north side of Pine in alignment with Newbridge Place. 7.1.16 Construct driveways on the following roadways in accordance with District policy: • Pinebridge Avenue • Shellbrook Street • E. State Avenue • Webb Avenue • Machine Avenue • Wilson Lane 7.1.17 Extend one stub street from the east (E. State Street) and two from the south (Webb Avenue and Machine Avenue). 7.1.18 Construct one new stub street to the west (Wilson Lane). Provide a temporary turnaround at the terminus of this stub street and install a sign stating that, "THIS ROAD WILL BE EXTENDED IN THE FiJTURE." 7.1.19 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. '7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. Exhibit B 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-5258 (with file numbers) for details. 7.2.7 Ali design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shal'1 prepare and certify all improvement plans. 7.2..8 The applicant shall subrnit~.revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed unpact fee will be based on the unpact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 3'87-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction: 7.2.12 No change in the terms arid 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 confurnation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal~irestrictions in force at the tune 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. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 We have no objections to this proposal. ,, Exhibit B C. Legal Description & Exhibit Map ;DESCRIPTION FOR PINEBRIDGE OVERALL PARCEL December 26, 2006 A PARCEL OF LAND BEING PORTIONS OF THE NW ''/d, THE NORTH HALF OF THE SE Y AND THE NORTH HALF OF THE SW '/< OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO A POINT; THENCE S 00°05'54" W 40.76 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89°59'07" E 867.33 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 00°04'24" W 11'02.70 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NIN Y< OF SAID SECTION 8; THENCE S 00°04'01" VV 1502.84 FEET TO THE SOUTHEAST CORNER~F THE NW '/ OF SAID SECTION 8; THENCE S 00°05'17" W 45.00 FEET ALONG THEW EST LINE OF THE SE /< TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE'AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWINGc THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET,ALON.G A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21 °10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT OF TANGENCEY; 19642-0 V ERALLPARCEL. Exhibit C THENCE N 00°20'57" W 15.00 PEST TO A POINT; THENCE N 89°39'03" ! 1683.48 FEET TO A POINT; THENCE S 00°20'57" E 33.00 FEET TO A POINT; THENCE N 89°39'03" E 353.77 FEET TO A POINT; THENCE S 44°22'51'" E 22.68 FEET TO A P01NT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; LEAVING SAID SOUTHERLY.RIGFiT OF WAY OF PINE AVENUE AND ALONG THE WESTERLY RIGkiT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE S 71°10'34" W 74.43 FEET TO A POINT; THENCE S 01°02'07" V1I 60.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" VV 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; THENCE N 44'°54'55" CN 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" 1IN 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE'/< OF SAID SECTION 8; THENCE N 00°05'17" E 0.31 FEET TO A POINT; THENCE S 89°38'12" W 1329.04 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; 19642-OVERALLpARCEL Exhibit C THENCE N 00°00'36" E 331.45 FEET TO A POINT O.N THE SOUTH LINE OF THE NW'/ OF SAID SECTION 8; THENCE N 89°38'58" E 25.01 FEET TO A POINT; THENCE N 00°00'36" E 81:0.68 FEET TO A POINT; THENCE N 89°59'33" W 662.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF LOCUST GROVE ROAD; THENCE N 00°00'16" E 670.41 FEET ALONG SAID RIGHT OF WAY TO A POINT; THENCE S 89°59'39" E 483.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" € 435.78 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 169.80 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. MICHAEL E. MARKS, PLS N0.4998 REVI A'rF OV:::l, BY . ~..• MERIDIAN PUBLIC WORM..S DEPT. 19642=OVERALLPARCEL Exhibit C 06 OS• 07 pg - - NW SECTION CORNER SEC9 I CP&f~J938t309 N 'a N .~ I~ ' 'S 89'34'33" w• ~ ~ ~ 2652.58'• N $9'34'33" E FAIR VIEW AVENUE ' 1591:59`--- ~-- 'S4"W w 76 ~ EXH-.:IBIT "B" . .1061.36'. . ~ •' 05 '07"E 867.33 ~8. I° I ~ o N rol to ' N89'S3'28"E 100. 3 a ° N I '~ I BRYEVI AP flOVAL I ~ ~ ~ d I o `~ 0 .~. I ~ l o I ry ''~.. Vl zs.oo' nM1~Ktrn~Nrc:et.;c 589'59'39"E S WCRNS :c'PT. W SS ~ • o • ~ 483..27' .JjS~~ ~ N89'3'6'25"E c ~ stg 9F to Y93.77, .~ I co A S6S. t o I 4 O I I °~' s8e 9 3~•F z W.m • I (D \ 9.. N ~ ~ W ip O I ~ N O o OC) ~ C O z N89°59'33"W ° 662.38' OVERALL PARCEL ~ I °o ? 568'24'37"E 195.54' 7,396,686 sq.tt. i 25.00' 169.80 acres o a w o • o I ~ ol~' . ~ ol° I I z • • I• N 89'38'Sd" E 25.01' 264'9.67' CENTER t/a CORNER ~ 490 0 7 - - - - - - Wl/4 CORNER 662.30' W ~ T962.36'• ~ SECTION 8 ~ ~ ~ S00'05'1~7"W 330. CP&F pt02003706 O ~ 45.00' C 'p O ~ ..°o "' p .M S89'38'43"W ~ • n °° N Z 657.47' w ~ I r z _ '? ~ 07 08 o r~ N00'OS'17"E 78 17 o M 589 38'12"'W 1329.04' 0.31 'REv~sloNs PI'NEBRLDGE OVERALL PARCEL LEGAL Stanley consultants ~. DESCRIPTION EXHIBIT 1940 5. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. SUITE too MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DRAwN: MEM DATE: t2/t5/06 SCALE: r=400 JOB N0. t9G42 Exhibit C EXHIBIT "C" OS _5 89'57'11" W 2644.03' _ O~ fAIRVIEW AVENUE 0 0 o~ ~N 8-9-3625"E 1/ 1 93.77 I al N w. ~ o .o .- o °o ' LINE TA BLE ' LINE LENGTH BEARING L-1 13.46 N89'S5'00"W L-2 42.49 N4a'S4'S5"W ;: L-3 6.50 N89'S5'00"W " L-4 33.OG 500'20'57"E L-5 15.00 N00'20'S7"W OS 04 08 09 1 ~ N ~ N ~~ I I I w 31z o 0 I v of z a 0 0 O V1 ' CURVE TABLE CURVE LENGTH. RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164..20' 4:44.26' 21'r0'3a" 83.05' S 79'03'46" W 163.27 0 la O la o I S00'0517"W ~ u 45.00' W \ ; • 5 89'}9'0}" w .2615.02' . PINE AVENUE 490.79' ~ ~ _ _ _ 440.75" 08 09 330.64' C1 5.~ 1683.48' L 353.77' .1 /4 54a'22'51'E N 22.68' ~,; OI ^ ~ N ~ OVERALL PARCEL of a0ar 7,396,686 sq.ft. N ~ N I N00'OS'17"E o) o 169.80 ocres I.I ~+ • 48.11' ~ S71'10'34"W L3 L2 4.4 i 1 501'02'07"1N e _ _ N88'S5'23"W 50.00 I o !., • ~ 2423.39 - ~ .~ o o N00'OS'17". 569'31'00"E nl ~ ol~ 97.08' ` 13.77 °c°. b ~ S 88'57'53" E ~ 127.02' 0809 `"'J"""~ PI'NEBRIDGE OVERALL G~7 PARCEL LEGAL Stanley Consuhants ~N~. DESCRIPTION EXFi.IB1T tg40 S. 80NIT0 WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. suITE 1ao MER[DIAN, ADA COUNTY, IDAhiO MERIDIAN, IOAwO 8364.2 208-288-0573 DRAWN: MEM ;DATE: 12/15/06 SCALE: 1=400 JOB N0. 19642 Exhibit C DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A POF2TION OF THE NW Y, OF SECTION 8, TOWNSHIP 3 NORTH; RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°34'33" E 1.91.60 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°02'34" VV 325.02 FEET TO A POINT; THENCE N 89°34'33" E 95.00 FEET TO A POINT; THENCE N 00°02'34" E 325.02 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8; THENCE N 89°34'33" E 580.75 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°04'24" W 1150.10 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW '/ OF SAID SECTION 8; THENCE S 00°04'01'" W 622.51 FEET ALONG SAID EAST LINE TO A POINT; THENCE S 88°13'39" W 847.84 FEET TO A POINT; THENCE N 68°24'37" W 321.74 FEET TO A POINT; THENCE S 00°02'44" E 829.4'9 FEET TO A POINT; THENCE S 89°38'58" W 817.40 FEET TO A POINT; THENCE N 00°00'36" E 660.67 FEET TO A POINT; 19642-ANNEXATION PARCEL 1 Exhibit C THENCE N 89°59'33" 1N 687.38 FEET TO A POINT ON THE WEST LINE OF THE NW '/< OF SAID SECTION 8; THENCE N 00°00'16° E 670.41 FEET ALONG SAID WEST LINE TO A POINT; THENCE S 89°59'39" E 508.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POLNT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 476..54 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 69.47 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REV PPROYAI 3Y_,. ~~ VJ`. RK$ ~EBT.tC MICHAEL E. MARKS, PLS N0.4998 19642-AMVEXAT101V PARCEL 1 Exhibit C EXHLBIT "B" Z 8 sn 06 OS 07.08 - ~ ~ 1591.59' ~~ ~~ 193.64' 8 o~ 0 "I 3 ~ a p . N 'a o I o ~n v ~ ~ o ~I I ~ m ' N I '36'25"E 193.77' 'vI~ O N O'o N W 0 3'39"W 7.84'op N O n o O I I Iv ~ N .Q I ~ ~ n I ~' 58959'39"E 508.2.7' SSSS~ J~4 p9a '4y. F 'SSS ~e .` X46• W~ ~.~ ses 99''f > ~ \ ~ S68'24'37"E / y t 95.54' N89~59'33"W 687.38' . J I W :~ `°';n . w ''1 ~ io I ^ °o o c rn o~~ ~ ~ a O O ~ ~ Z zl 589~38'~8"W 817.dp' ~~ N 89'38'58" E ~ ~ ~ . 7 na 68i.3t' - ~ 2 ~ ' kEVIE P ROVAL I E'Y^ ,~• J M VJRgRIKS OEPT.IC I _~ ~_ ~_ PINEBRIDGE ANNEXATION PARCEL ONE (1) LEGAL 'DESCRIPTION EXHIBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN., ADA COUNTY, IDAHO MEM~OATE: 12/112/1 5/06 SCl~tE: NTS S 89'34'33" W 2652.58' 1/4 CORNER FAIRVIEW AVENUE OS +wrncy WIIiY1lg11L1 INL T94'0 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0593 JOB N0. 19642 Exhibit C w ANNEXATfON PARCEL n ~ 3,025,929 sq.ft. c .~; 69.46 ocres ro z N89 DESCRIPTION FOR PINEBRIDGE ' ANNEXATION PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SW '/, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SW '/< OF SECTION 8 (WEST'/< CORNER)~T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 662.30 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°38'58" E 1987.37 FEET TO THE NORTHEAST CORNER OF THE SW'/, (CENTER'/.CORNER) OF SAID SECTION 8; THENCE S 00°05'17" W 662.33 FEET ALONG THE EAST LINE OF SAID SW '/ TO A POINT; THENCE S 89°38'12" NV 1329.06 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; THENCE N 00°00'36" E 331.45 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 25.22 ACRES MORE OR LESS. 4, THIS PARCEL IS SUB.IECT•TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. DY V7E ?~ pVp; "•EF.iplllfJ ?• ~g~~^ ~'^=KS DE~r ` 19642-ANNEXATION PARCEL Z Exhibit C EXHIBIT "C'' O6 OS 07 Ofi n o G _ ~~I~ a ale ~ e a ". 0 07 ~ nn 4 y~ O • REVISIONS N 0 -..~ ~ FAIRVIEW AVENUE CORNER I S 69'34'33' W 2652:58' ~ I _ 0 0 ( ANNEXATION I _o I PARCEL t I I~ _.+ _ _~ a I4 N 0 ~ ~~ `~~~ ~ ~649:6T CEN.7ER t/4 ~~~ . = 1987.37' - U' O ~' G N N se~•36b~-w ANNEXATION PARCEL 2 g 0 6s7.4T 1,098,607 sq.ft. N N 25.22 ocres 6 D I 4 a N D ^ I t ]29.04' l a.. r~"i LA1'NE INDUSTRIAL PARK '" '° O ~! ~ yEVtE CV Al PINEBR4IDGE ANNEXATION PARCEL TWO (2) LEGAL EXHIBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERI:DIAN., ADA COUNTY, IDAHO M DATE: 12/,15/06 SCALE: 1" =400' 0 'DRAWN: ME Stanley Consultants ~~. 194.0 S. BONI70 WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 JOB N0. 19642 Exhibit C ~ ; DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 1 December 26, 2006 A PARCEL OF LAND~'BEING A PORTION OF THESE Y< OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE % (EAST'/ CORNER) OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE S 89°39'03" W 440.75 FEET ALONG THE NORTH LINE OF THE SE '/< TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57" E 33.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; THENCE N 89°39'03" E 353.77 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S44°22'51" E 22.68 FEEL' TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770,98 FEET TO A POINT; THENCE S 71°10'34" 1/V 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RI.GFiT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" UV 13.46 FEET TO A POINT; 19642-REZONE PARCEL 1 Exhibit D THENCE N 44°54'55" W 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE Y OF SAID SECTION 8; THENCE N 00°05'17" E 617.64 FEET ALONG SAID WEST LINE TO A POINT ON THE SOUTHERLY'!RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET.ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21°10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A PO1NT ON A CURVE; THENCE N 00°20'57" W 15.00 FEET TO A P01NT; THENCE N 89°39'03" E 1683.48 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINING 49.64 ACRES MORE OR LESS. THIS. PARCEL IS SUBJECT TO AlL EXISTING EASEMENTS AND RIGHTS OF WAY. REVIEW RC'vk: Y_. ~q~~.aKc ~ycT. 19642-REZONE PARCEL 1 Exhibit D EXHIBIT "E~" N I /'~ ~ ,L_`' z 0 r REVISIONS N Q 4 •~ S00 20 57 E S 44'22'57 "E ' ' 33.00 22.68 I ~~ REZONE PARCEL 1 3 ^ i '- ~ o ~ ~, L3N00'OS'77"E 2,162,334 sq. (t. 49.64 ocres N of o(f~ °p• ^ .1 ° ;~ 48.11' 2 5 71'7 0'34'"W m ~ N o z L1 N00'OS'17"E `.. . 74.43' I 97.08 ~ 501"02'07"W . - ~ ~ N88'S5'23"W .~ ~. 50.00' I _ 2423.39' _ - ~ c ,., .3 .00., o °' 0 13.77' ~ N , ' J `O ~ ~ S 88'57'53" E ~ a 729.02' N ~ w 1/16 CORNER CENTER 7/4 CORNER PINE AVENUE _ N 89'39'03" E t/4 CORNER _ 2675.02' a _ _ ~~ ~ _ aao.75' pg 09 330.64' 1683.48' ' N 89'39'03" E C1 N00'20'S.7"W 353.77' 15.00 N 89'39'03" E I ~ ro i. a I o N i<EI~IE FF 1 C . 08 FRANKLIN ROAD g gg•39'17" W 08°x09 9/4 CORNER 2570.96' 17 16 LINE TABU LINE LENGTH BEARING lL- i 13.46 N89'S5'00"W L-2 42.49 N44'S4'S5`'W L-3 6.50 N89'S5'o0"w CURVE TABLE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD 164.20' 4aa ~n' „•..~•,.,, -- _ -. PINEBRI'DGE REZONING PARCEL (1) LEGAL DESCRIPTION EXH.I:BIT LOCATED I'N SECTION 8, T.3 N., R.1 E., B.M. MERIDLAN, ADA COUNTY, IDAHO MEM DATE: 12/15/06 SCALE: I=a00 Stanley Consultants ~. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAMO 83642 208-288-0573 JOB N0. 19642 Exhibit D DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NIN'/., OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW '/. OF SECTION 8 (.{NEST'/. CORNER)„~T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 687.31 FEET ALONG THE SOUTH LINE OF THE NW '/ TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°00'36" E 150.00 FEET TO A POINT; THENCE N 89°38'58" E 817.40 FEET TO A POINT; THENCE N 00°02'44° W 829.49 FEET TO A POINT; THENCE S 68°24'37° E 321.74 FEET TO A POINT; THENCE N 88°13'39" E 847.84 FEET TO A POINT ON THE EAST LINE OF SAID NW '/<; THENCE S 00°04'09" VV 880.32 FEET TO THE SOUTHEAST CORNER OF SAID NW'/.; THENCE S 89°38'58° W 1962.36 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 26.03 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVI A'P VAL BY MERIDIAN PUBLIC WORKS DEPT. 19642-REZONE PARCEL 2 Exhibit D EXHIBIT "L" N Z O yU W N a 0 u~ S'39"E .84' ` A o ~ o ~~~ REZOniE PARCEL 2 oIo No 1,133,930 sq.ft.. Wlo o W 26.03 ocres N om N89'38'S8"E PINE oe os ~ ~ ~ FAIRVIEW AVENUE os 07 OB ~~ ~~ ~~ ~ ~ ~ 1/4 CORNCR 817.40 07 oe AVENUE ~ ~ ~ 589~38'S8"W CENTER 1/0 CpRNEp 1962.36'~~ N r OI n C V1 -1 I a O < . m O ( D 0 I 89 38 58 E , 687.31' , PINEBRIDGE REZONING PARCEL (2) LEGAL DESCRIPTION EXHfBfT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M MER.LDLAN, ,ADA COUNTY, fDAHO MEM DATE: 12/26/06 SCALE: 1=400 Stanley Consultants .NC 1940 S. 80NIT0 WAY SUITE 140 MERIDIAN, IDAWO 83642 208-288-0573 I JOB N0. 19642 Exhibit D D. Required Findings from Unified Development Code 1. Annexation and Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-G. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; If the applicant enters into a development agreement with the city, the City Council finds that future development of this property will comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff reconunends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (IJDC 11-SB-3.E). If the applicant enters into a development agreement with the City, the City Council finds that the annexation of this property is in the best interest of the City as it meets the intent of the Comprehensive Plan. 2. Preliminary Plat Findings: In consideration of a, preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff generally supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to deterrriine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD'.considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be 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. Staff is unaware of any natural or scenic features on this site. however, there are several old structures located at the corner of Nola and Pine that may be classified as historical structures. The City Council finds that the Applicant should meet with the Historic Preservation Commission to determine if these structures should be preserved. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a nahiral or scenic feature(s) of major importance of which staff is unaware. 3. Variance Findings: 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: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: In addition to Pine Avenue/Street, the applicant is proposing to use two other access points to Eagle Road. If the City Council grants the two proposed access points on Eagle Road/SH55, it wound grant a right that is currently prohibited not only in the C-G zone but for al°1 new development adjacent to state highways. Several public access points are available to this site from N. Locust Grove Road and E. Fairview Avenue and an access point via E. Pine Avenue already exists to SH 55. Therefore, Staff does not find that the request is consistent with UDC 11-SB-4E-1 and this finding does ~iiot apply to the subject property. However, the City Council does find Exhibit D that the Applicant's request is consistent with UDC 11-SB-4E1 and approves the access point to Eagle Road from Commercial Street. (Note: The applicant withdrew the Variance request for the proposed access point to Eagle located between Commercial and Pine.) b. The variance relieves an undue hardship because of characteristics of the site; Council finds that the location of this site, being on a major arterial, justifies an access point being constructed to Eagle Road/SH 55. c. The variance shall not be detrimental to the public health, safety, and welfare. It is important to limit access points on major roads such as highways, as their main function is to move traffic over longer distances at higher speeds. This means separating access points on said roads so that turning movements occur at fewer locations. Frequent access points do increase congestion. And as traffic congestion increases, so does the likelihood of traffic conflict and the potential for accidents. Council finds that granting the proposed access point to Eagle from Commercial will not lie detrimental to the pwblic health, safety, and welfare and is approved. NOTE: The applicant withdrew the Variance request for an access point to Eagle Road proposed between Commercial and Pine. Exhibit D