Settler's Square Subdivision AZ 07-018ADA COUNTY RECORDER J. DP ~ID NAUARRO AMOUNT .00 48
BOISE IDAHO 05I27108 02.02
DEPUTY Bonnie0berbillig IIIIIII'~IIIIIII'I'll'III~III~I'~~~~~
RECORDED-REQUEST OF i~g~~g~~3
Meridian Ciry
DEVELOPMENT AGREEMENT
PAR1'IES: 1. City of Meridian
2. Seagle Three, I.LC, Ov~'ner/Developer
,~ THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
~S ,~ ~y o f , 200~, by and between City of Meridian, a municipal corporation
of the State of Idaho, hereafter called CTTY, and Seagle Three, ~- , whose address is 5999 W. State
Street, Suite A, Boise, ID 83703, hereinafter called OWNER/DEVELOPER.
1. RECTf ALS:
1.1 WHEREAS, Owner/Develo~er is the'sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in E~ibit
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 Pro~erty; and
12 WHEREAS, LC. § 67-5511A, Idaho ~Code, provides that cities may, by
ordinance, require or permit as a~condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
prdinance 11-5B-3, which authorizes development agreements ugon the
annexation and/or re-zoning of land; and ~
1.4 WHEREAS, Owner/Developer has submitted an aPPlication for annexation
and zoning of the Property's described in Exhibit A, and has requested a
designation of GC, Community Business District (Municipal Code of the
City of Meridian); and
1.5 WHE1tEAS, Owner/Develo~er made;re~resentations at the public hearings
both before the Meridian Planning 8r. Zoning Commission and before the
Meridian City Council, as to how the subject Property will be developed and
what improvements will be made; and
1.6 WI~KEAS, record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning & Zo.ning
Commission, and subsequently before the City Council, include responses of
government subdivisions providing services with~n the City of Meridian
plannin g jurisdiction, and received further testimony and comment; and
PAGE 1 OF 9
DEVELOPMENT AGREEMENT (AZ 07-018) SETTLERS SQUARE
1.7 WHEREAS, City Council, the 25~' day of March, 2008, 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 refened! to as (the Findings); and
l,g WHEREAS, the Findings require the `O Cou~il e~es finalnacti nt on
development agreement before the City
annexation and zoning designation; and
1.9 OWNEK/DEVELOPER deem it to be in their best interest to be able to
enter into this Agreement and acknowleclges 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 Pro~erty 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 proleedings for zoning designation from
government subdivisions ~roviding sernces within the planning jurisdiction
and from affected property owners and to ensure re-zoning designation is in
accordance with the amended Compreh~ensive 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, THEREFURE~ in consideration of the covenants and cond.itions set forth
herein, the parties agree as follows:
2, INCORPORAI'ION OF RECTTAI.S: That t.he above recitals are contractual and
binding and aze incorporated herein as if set forth in full.
3, DEFINITIONS: For all purposes of this Agreemel~nt~ ie~ ~ ei n~ PTO ~ od
phrases herein con t a i n e d i n th i s s e c ti o n s h a ll b e d e fi n e d a n d r P
unless the clear context of the presentation of the same requ'u~es otherwise:
3.1 CI1'Y: means and refers to the City o;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 Seagle Three, I.LC, whose
address is 5999 W. State Street, Suite A, Boise, ID 83703, the party that owns
and is developing said Property and sliall include any subsequent owner(s) or
developer(s) of the Property.
PAGE 2 OF 9
DEVELOPMII~T AGREIIVIENT (AZ 07-018) SETTL.ERS SQUARE
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 E~ibit A describing
the parcels to be re-zoned GC, Communi,ty Business District, attached hereto
and by this reference incorporated hereu? as if set forth at length.
~
4, USES PERMITTED BY THIS AGREEMEN~:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian Unified Development
Code § 11-2B which are herein specifi ;ed as follows:
preliminary Plat of 14 lots: 12 commercial lots and 2 common lots in the
proposed C-C on 10.18 acres. The pertinent provisions of the City of
Meridian Comprehensive Plan are applicable to this AZ 07-O18
application. '
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Ageement. ~
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. Development of the property shall substantially comply with the commercial elevations
and the conceptual site plan submitted with the subject application, as determined by the
Planning Director, including the concepts outlined below.
- Pedestrian connections shall be constructed between commercial buildings in
the form of pathways distinguished from vehicular driving surfaces through
the use of pavers, colored or scored concrete, or bricks as proposed.
- Commercial structures shall be built' adjacent to roadways with on-site
pazking to the rear and sides of the structures; as proposed (on-street parking
is approved).
- Building materials (stucco and wood siding, azchitectural composition
shingles, metal awnings and brick veneer accents), azchitectural elements
(50°Io glazing on ground level, metal awnings, brick veneer pilasters, and
entry way porticos on the larger scaled buildings).
- A minunum of 7 buildings with no one building exceeding 20,000 square
feet. The maximum allowable non-residential square footage for this
development shall be 108,000 square feet.
2. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
DEVELOPMENT AGREEMENT (AZ a7-018) SETTLERS SQUARE PAGE 3 OF 9
3. The Applicant shall be responsible for all costs associated with sewer and water
service installation. ~
4. The following shall be the allowed uses on ~ this property: Permitted and
accessory uses within the C-C zone. All conclitionally permitted uses on the
subject site shall be subject to CUP review. ~
5, All future uses shall not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or
the general welfare by reason of excessive production of traffic, noise, smoke,
fumes, glaze or odors.
6. The Owner/Developer shall be responsible to obtain a Certificate of Zoning
Compliance (CZC) permit approval from the Planning Department prior to any
commercial building construction on the subje ~t property.
7. Except for one public street access to Ustick Road, one public street access to
Venable Lane, the stubbing of Cooper Lane to the west and the connection of
Buckstone Avenue to the existing residential stub street to the north; no other
access points shall be allowed.
8. Construct a 25-foot wide landscape street buffer along Ustick Road and 20-foot
wide landscape buffer along Venable Lane.
9. Construct a minimum 25-foot wide landscape buffer between all C-C zoned
property and residential uses.
i
6, COMPLIANCE PERIOD/CONSENT TO REZONE: This Agraement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
ugon a default of the Owner/Developer or Owner's/Developer's heus, successors, assigns, to
comply with Section 5 entitled "Conditions Governing Development of Subject Propert}~' of
this agreement within two years of the date this Agreement is effective, and after the City has
complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any
subsequent amendments or recodifications thereof.
~, CONSENT TO DE-ANNEXATIUN AND ~~~~" ~F
ZONING DESIGNATION: '
Owner/Developer consent upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
'7,1 That the City provide written noti'c~,e 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. PAGE 4 OF 9
DEVELOPMENT AGREEMENT (AZ 07-015) SETTLERS 3QUARE
g. INSPECTION: Owner/Developer shall,;;immediately upon completion of
any portion or the entirety of said development of the Property as required by this agreement
or by City ordinance or policy, notify the City Engineer; and request the City Engineer's
inspections and written approval of such completed "unprovements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
9. DEFAULT:
9.1 In the event Owner/Developer, or Owner's/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 baz 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 Agrec~ment or ttus Agreement, including all of the Exhibits, at
Owner's/Developer's cost, and submit proof of such recording to Owners/Developers, prior
to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Property by the City Council. ff 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 may be sought by an appropriate action at
law or in equity to secure the specific performance of the ;covenants, agreements, conditions,
and obligations contained herein.
12.1 In the event of a material breach qf this Agreement, the parties agree
that City and Owner/Developer shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
DEVELOPMENT AGREEMEI~IT (AZ 07-018) SETI'L S SQiJARE PAGE 5 OF 9
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
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Devel'oper or City is delayed for causes
which are beyond the reasonable control of the paRy responsible for
such performance, wluch shall include, without limitation, acts of
civil disobedience, strikes or s'imilaz causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PER~'ORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code §11-5-C, to insure that installation of the improvements, which
the Owners/Developers agrees to provide, if required by~the City.
14. CER1'IFICATE OF OCCUPANCY: The Owner/Developer agree 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 Ciry.
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 meat 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, retum receipt
requested, addressed as follows:
CTTY:
OVVNER/DEVELOPER:
c% City Engineer Seagle Thtee, LLC
City of Meridian 5999 W. State Sireet, Suite A
33 E. Idaho Ave. Boise, ID' 83703
Meridian, ID 83642
DEVELOPMENT AGR:E~MENT (AZ 07-018) SETTLERS SQITARE PAGE 6 OF 9
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification4 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 entided, 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 acl~owledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under ttus Agreemerit by the other party so failing to
perform. ~
19. BINDING UPON SUCCESSORS: This Agresment shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner
and any other person acquiring an interest in the Properly.~ Nothing herein shall in any way
prevent sale or alienation of the Properly, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any~ successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed City agrees,
upon written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer has fiilly performed its obligations~ under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developer and City
reiative to the subject matter hereof, and there are no promises, agr~ments, conditions or
DEVELOPMENT AGREEMENT (AZ 07-018) SETTLERS SQUARE PAGE 7 OF 9
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as aze 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 resoludon 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. ~~
ACKNOWLEDGMENTS
IN WI'TNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER
SEAGLE THREE, LLC
~
By: '
_ ,
'- 9
.,~~~/
~' Q
DEVELOPMENT AGREEMENT (AZ 07-0f
PAGE 8 OF 9
CITY OF MERIDIAN
STATE OF IDAHO, )
County of Ada,
ss
On this _~~ day of , 2008, before me, the
d rsigned, a Notary Public in and or said State, personally appeazed
~~ U ~ known or identified to me to be
the l~ r ~/V ~ of Seagle Three, LLC and the person who signed the
above and acknowledg to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
. '-
(SEAL)
Danielle M. Atbertson
Notary Public
State of Idaho
STATE OF IDAHO )
: ss
County of Ada )
~:. ~
Notary Pubhc for ldaho
Residing at: Q
My Commission pires: ~1 ~
~
On this Zd day of rl~ , 2008, before me, a Notary
Public, personally ap reared Tamm y de Weerd an d a y c e e H o l m an, k n o w o r i d e n t i fi e d t o m e
to be the Mayor and Clerk, respectively, of the City, of Meridian, who executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WTTNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first ahove written.
~~.......•~
:~,4~ pMA '~''~'~
• ~ T ~~ •
(SEAL) • ; '~ ,~' •~ ,
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~~,~ ~~Ci. ~~ Q~ ~
••
~9~;.. ~ ~4;
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Notary Public for ldaho
Residing at: L O~ d Ll %P ~.~ k ~ Ip
Commission expires: ~~~ ~^~ ~
DEVELOPMENT AGREEMENT (AZ 07-018) SETTLERS SQUARE PAGE 9 OF 9
i
~ : ~ ~U~~~Y~ ~, ~
PARCEL DESCRIPTION
PRQJECT; :
PARCEL NO.:
Angust Z, 2007 '
i
Settlers Sqnaro
~
05173.01
A parcel of land beiag a portion ofthc F.ast 12 of the SW 1/4 of the SW 1/4 of Section 36, T. 4 N., R 1 W., B.M., Ada
Cowny, Idaho, referencing RO.S. No. 7?A4, more particuiarly de.gcn'bed ~°fotlows;
BEGINNING at the found bra9s cap, (coraer reco~d instr~iment #103107927), marking the south'/. comer of said Section 36;
• r .
't'hence North 88° 44' OQ" West coincident with the south line of said Section 36, a disteace of 665.56 fee~
Thence North 00° 23' 29" Eas~ 666.00 feet to a found S/8" iebarfplastic'cap L.S.107ffi;
77ience Souti~ 88° 44' 03" East, 666.17 feet tn the east line of said SW 1/4 of Section 36;
Thence South 00° 26' 38" West coincident with said east lina of the SW 1/4 of said Section 36, a distance of 666:00 Feet to
the POINT OF BEGINNIN~
The pareel above described contains 10.18 acres more or la~,s. ~
Toged~er with and subject bo covmants, easeme~s aad restridions of record or othcrwise existin'~
REVIE PP VAL
BY.
SEP 14 2Q07
a~~ ~tiP~I~AN PtIBLtC
• ~^::~€3RS DEPT.
~ ., . . V
' ~- ~ O~
. . ;
. :,
I~,ECEI~~
MAR 10 2008
' City Of Meridian
~, . City Clerk Office
~~~ oF ~~D~ .~ ~ ~ E IDIAN~~-
FINDINGS OF FACT, CONCLUSIONS _ .
OF LAW AND 1: D A H O .
DECISION & ORDER "
I~n the Matter of Annexation and Zoning of 10.18 acres from, RUT (Ada County) to
C-C (Community Business District); Preliminary Plat of 14 lots: 12 commercial lots and 2
common lots in the pro.posed C-C zoning district; and Alternative Compliance to the
standard 10-foot wide landscape buffer adjacent to local streets for the Settlers Square
Subdivision, by Seagle Three, LLC. ,
Case No(s). AZ-07-018, PP-07-021, ALT-07-016
For the City Council Hearing Date of: March 4, 2008 (Continued from February 19, 2008)
(Findings on the March 25, 2008 City Council agenda) , ~
A. Findings of Fact '
' ~
1. Hearing Facts (see attached Staff Report for the hearing date of~February 19, 2008
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 19, 2008
incorporated by reference) ~
~
~i
3. Application and Property F'acts (see attached Staff Report for the hearing date of
February 19, 2008 incorporated by reference) ~
4. Required Findings per the Unified Development Code (see attached Staff Report for Che
hearing date of February 19, 2008 incorporated by reference)
B. Conclusions of Law
l. The City of Meridian shall exercise the powers conferred, wpon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridiari 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 Pian of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF ME~RIDIAN~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-018, PP-U7-021, ALT-07-U16 ~
, _~_ ~
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the Ci~ty of Meridian;planning jurisdiction.
5. It is found public faeilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Pianning Department, the Public Works Department and any affected
party requesting notice.
7. That this ap.prova~l i~s subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attachecl Staff Report for the hearing date of February
19, 2008 incorporated by reference. The conditions are concluded to be reasonable and
the applicant sha~ll meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided i.n Meridian City Code § 11-SA and
based upon the above and foregoing Findings of F'act which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated November 29, 2007 is hereby conditionally approved; and,
2. The site specific and standard conditions of approval ai~e as shown in the attached Staff
Report for the hearing date of February 19, 2008 incorp4orated by reference.
3. A Development Agreement is required wi~th ap.proval of the subject Annexation &
Zoning application and shall include the provisions noted in the attached Staff Report
for the hearing date of February 19, 2008 incorporated by reference.
D. Notice of Applieable Time Limits
Notice of Freli~minary Plat Duration
Please take notice that approval of a prelimi~nary plat, combined preliminary and finai
plat, or short plat shall become null and void if the applicant fails to obtain the city
engineer's signature on the final plat within two (2) years of the approval of the
preliminary plat or one (1) year of the combined preliminary and fi~nal plat or short plat.
In the event that the development of the preliminary plat is made in successive phases
in an orderly and reasonab}e manner, and conforms substantially to the approved
preliminary p]at, such segments, if submi.tted witlun successive intervals of eighteen
(l 8) months, may be considered for final approva~l without resubmission for
prelirninary 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
CITY OF MERIDiAN FIN~DIIVGS OF FACT, CONCLUSIONS OF LAW AND DECI$ION 8c ORDER
'CASE NO(S). AZ-U7-018, PP-07-U21, N.T-07-016
-2- ,
extension of time to record the final plat not to exceed eighteen (18) months. Addi:tional
time extensions up to eighteen (18) months as determ~ined and approved by the City
Council may be granted. With all extensions, the Di~rector or City Council may require
the preliminary plat, combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11,. If the above timetable is not met
and the applicant does not receive a ti~me extension, the property shall be required to go
through the platting procedure again. ,,
E. Attachecl: .Staff Report for the hearing date of February 19, 2008
By act'on of the City Council at i:ts regular meeting held on the ~~ da of
, Y
2008. ~
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
1VIAYOR TAIVIMY de WEERD
(TIE BREAKER)
VOTED~
,
VOTED~
VOTED_~j~ysr'~^il
E.
VOTED ~G-
~
VOTED
~
Mayor T y de Weerd:
,
Attest:
Jaycee H an, CityClerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
BY~ Dated: ~J' 2~ `~~
City Clerk's Office ~
CITY OF MERIDIAN FIIVDINGS OF FACT, CONCLUSIONS OF LAW AIVD DECISION & ORDER
CASE NO(S). AZ-07-018, PP-07-021, ALT-07-U16
-3-
CITY OF MERIDIAN PLAMVING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008
~
STAFF REPORT , i .
~ ~ E ~ ~ ID~AN~-
Hearing Date; February 19, 2008 ~~ f.D A H 0 .
(Continued to March 4, 2008) !
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJEC`T: Settlers Square
• AZ-07-018
Annexation and Zoning of 10.18 acres €rom RLTT (Ada County) to
C-C (Community Business District) ,
PP-U7-021 ,
Prelirni~nary Plat of 141ots: 12 cornmercial lots and 2 common lots in the
proposeci C-C zoning district.
~ AL,T-07-016
Alternative compliance to the standard 10-foot wide landscape buffer
adjacent to local. streets (LJDC 11-2B-3)
1. SLTMMARY DESCRIPTION OF APPLICANT'S REQUEST
The appl~icant, Seagle Three, LLC, has applied for Annexation and Zoning of 10.18 acres from RUT (Ada
County) to C-C (Community Business District); preliminary plat approval of 14 lots consisting of 12
comrnercial lots and 2 cornmon lots; and alternative compTiance to allow for 5-foot wide buffers with 5
foot detached stamped decorative concrete sidewalks adjacent to the; proposed public streets (Buckstone
Avenue and Cooper Lane) and two common lot center medians to serve as the required landscape buffer
for the southern portion of Buckstone Avenue, in lieu of the standard 10-foot wide landscape buffer
required by UDC 11-2B-3.
The Agplicant has submitted a conceptual site plan of how this site rnay be developed with a mix of retail,
boutiques, personal service sho.ps, office uses, financial institutions, resiaurants and a daycare center. The
square footages of the buildings are expected to range in size between;3,720 and 15,140 square feet. Total
square footage at build out is~ estimated at 90,000 square feet. On the submitted plat, the Applicant has
depicted two publie streets (Buckstone Avenue and Cooper Lane) that will provide access and
interconnectivity for the proposed development. The pubiic streets are to provide north-south access to
Ustick Road and the residences to north, and east-west access to Venable Lane through the development
and to the currently underdeveloped pro.perty to the west. ~
T'he subject property is located at the northwest comer of W. Ustick Road and N. Venable Lane in
Section 36, Township 4 North, Range 1 West, B.M. Currently, the site is vacant land with an existing
home and two outbuildings which the applicant is proposing to remove to make way for the proposed
commercial development. The subject property is within the City's Area of Impaet and Urban Service
Planning Area and is. contiguous to the current city limits.
2. SiJ1VIlVIARY RECOMMENDATION
The subject Annexation and Zoning (AZ), Preliminary Plat (PP) and Alternative Compliance (ALT)
appIications were submitted to the Planning Department for concurrent review. By City Ordinance, the
Planning & Zoning Commission rnakes recommendation to the City Council on the AZ and PP
Settlers Square -AZ-07-018 / PP-U7-U24 / ALT-U7-01b PAGE 1
CITY OF MERIDI.AN PLANNI.NG DEPARTMENT STAFF REPORT FOR TNE HEARING DATE OF FEBRUARY 19, 2008
applications, and the ALT application is reviewed at the Staff level. Staff recommends approval of
Settlers Square Subdivision (A~07-018/PP-07-024/ALT-07-016); as presented in the Staff Report
for the hearing date of December 6, 2007, subject to the Findings of Fact listed in Exhibit D and
subject to the conditions of ap.proval listed in Exhibit B. ~
The Meridian Plannine & Zonin~ Commission heard these items on December 20 2007 At the
public hearinQ the Comrrussion moved to recommend aaaroval of-the subiect AZ PP and ALT
reouest• .
a. Summarv of Commission Public Hearin~•
i. In favor: Alan Chrisri (Aaalicant's Renresentative)
ii. In oaposition: None ~
iii. Commenting: David Rudeen ~
iv. Written testimonv: None
v. Staff aresendnQ anplicadon: Bill Parsons
vi. Other staff commenting on aaalication• None ~~
b. Kev Issue(s) of Discussion bv Commission•
i. T6e architectural desiQn of the buildin~s as it relates to the Cedar Snrings
commercial develonment east of t6e site
ii. The aliQnment of Buckstone Avenue with the access in Crossfield Subdivision
c. Kev Comm~ssion. C6an~e(s) to Staff RecommendaNon•
i. None
d. OutstandinQ Issue(s) for Citv Council•
i. None ~~
~
1. ravor: ~an 'hrictv (Anoli ~nt'c Reorece~tativ 1
11, onnosition• Non
iu. Commentinu• Non I
LY. ' onv• Non
~ aff nrecentinu aoolication: Anna .annin
Y1. Other ctaff commentin on aonlication•'Non~
~. ev I uec of Di ussin~n bv oLn i• 4..
~ ~ '~
~. v Connc'1 han .c to ta .ff/ ommiccion Recomm ndatio
L LIQ~ ;
3. PROPOSED MOTION (to be considered after the public 6earing)
Approval
After considering all staff, applicant and public testimony, I rnove to approve File Numbers AZ-
07-018 and PP-07-024 as presented in the Staff report for the hearing date of February 19, 2008,
with the following modifications to the proposed development agreement and/or conditions of
approval: (add any proposed rnodifications.) ,
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-0'7-
018 and PP-07=U24 as presented during the pubfic hearing on February 19, 2008, for the
following reasons: (you should state specific reasons for denial of the AZ and PP requests.)
Continuance
Settlers Square -AZ-07-UI8 / PP-U7-024 / ALT-07-U16 PAGE 2
CITY OF MERCDIAN RLANNING DEPARTM£NT STAFF REPORT FOR TWE MEARIN.G DATE OF FEBRUARY 19, 2008
~
After considering all Staff, Applicant and public testimony, I move to continue File Numbers
AZ-07-018 and PP-07-024 to the hearing date of (insert continued hearing date here) for the
following reason(s): (you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: NWC of Ustick Road and Venable Lane, Section 36, Township 4
Nortt-, Range 1 West ~
b. Property Owners of Record:
Seagle Three, LLC
5999 W. State Street, Suite A
Boise, Idaho 83703
c. Applicant:
Sarne as aliove
d. Representative: Barbara Mason and Alan Christy, Treasure Valley Engineers
e. Present Zoning: RUT (Ada County)
f. Present Cornprehensive Plan Future Land Use Designation: Mixed Use Cornmunity
g. Description of AppFicant's Request: The Applicant is requesting annexation and zoning,
prelimi~nary plat approval for 12 commercial and 2 common lots on approximately 10.18 acres,
and alternative compliance for the ten foot wide landscape requirement adjacent to local roads.
h. Applicant's StatemenbJusti.fication (see Applicant's application and letter): Settlers Square
Subdivision is intended to be a gathering place providing pedestrian-friendly neighborhood
commercial services. Settlers Square Subdivision when fully developed will contain a mix of
retail stores, financial services, restaurants, offices and a daycare center. The project will tie
together through common architecturai building design, landscaping, street fixtwes,
architectural highlights, and pathways. On-street parking h'as been incorpor.ated into the design
for added pedestrian conve~ence and promotes a casual neighborhood atmosphere. Central to
the development is the creation of a"sense of place." The commercial center's mix of tenants
is intended to compliment the lifestyles of the surrounding;~neighborhoods and support
recreational activities associated with the newly completed~ Settlers Fark. The entire project is
intended to compliment the neighborhood, provide a local gathering place and a quality
professional atmosphere for businesses to succeed.
5. PROCESS FACTS
a. The subj.ect application will in fact constitute an Annexation as deternuned by City Ordinance.
By reason of the provisions of the Unified Development Code, Title 11 Chapter 5, a pwblic
hearing is required before che Planning & Zoning Commission and City Council on this
matter.
I
b. The subject application will in fact constitute a Prelirninary Plat as deternuned by City
Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5,
a publie hearing is required before the Planning & Zoning Commission and City Council on
this matter.
c. The subject application will in fact constitute an Alternative Compliance review as determined
by City Ordinance. By reasons of the provisions of the ilnified Development Code, Title 11,
Chapter 5, a public hearing is not required on this matter. ,
Settlers Square -AZ-07-018 / PP=07-U24 / ALT-07=016 ' PAGE 3
CITY OF MER1DlAN PLANNlNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008
I
d. Newspaper notifications published on: November 19, 2007 and December 3, 2007 (Planning
& Zoni.ng Cominission); Januarv 28, 2008 and Februarv 11 2008 (Citv Council)
e. Radius notices mai.led to properties within 300 feet on: November 9, 2007 (Planning &
Zoning Commission); Januarv 25, 2.008 (Citv Councill :
f. Appl'icant posted notice on site by: November 26, 2007 (Planning & Zoning Commission);
Februarv 9. 2008 (Ciri Council), j
6. LAND USE
a. Existing Land Use(s): There is an existing home and two outbuildings located on the site.
These structures should be rernoved prior to the City's Engineer signature on the final plat.
b. Description of Character of Surrounding Area: The subject site is surrounded by residential
subdivisions located on the north and south sides of the p`oposed development. A commercial
development is located east of the subject site with a gas/convenience store and a mix of office
uses.
c. Adjacent Land Use and Zoning:
1. North: Single-family Residential, Woodburn Subdivision; zoned R-8
2. South: Single-family Residential, Crossfield Su6division No. 4; zoned R-8
3.. West: Single farruly Residence; zoned RLTT (Ada County)
4. East: Cedar Springs Commercial Subdivision; zoned C-N
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities:
1. Location of sewer: W Ustick Rd and W Woodpine St
Location of water: North Venable LN, W Ustick Rd and W Woodpine St
Issues or concems: None ~
2. Vegetation: There are existing Cottonwood trees on the site that the appTicant is
proposing to remove. Contact the City's Arborist, Elroy Huff at 888-3579, to d~iscuss a
tree rnitigation/protection plan. k
3. Flood plain: N/A
4. Canals/Ditches Iirigation: N/A ~
5. Hazards: N/A '
6. Proposed Zoning: GC
7. Size of Property: 10.18 acres ~.
f. Landscaping:
1. Width of street buffer(s): A 25-foot wide landscape buffer is required on Ustick Road, an
arterial street, and a 20-foot wide landscape bwffer is required along Venable Lane, a
collector street. Furthermore, UDC 11-2B-3 requires a;minimum 10-foot wide landscape
buffer along local commercial streets. The applicant has requested altemative compliance
for this section of the code to allow for 5-foot wide buffers with detached 5-foot wide
concrete paver sidewal'ks. Additional landscaping will.,be provided for with two center
medians dedicated as common lots (Alternative Compliance analysis is provided in Section
10 below).
2. Width of buffers b.etween land uses: A 25-foot wide land use buffer is required between C-
Settlers Square -AZ=07-018 / PP-U7-024 / ALT-07-016 ~ PAGE 4
CITY OF M'ERIDIAN RLAMV~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008
C zoned properties and residential properties. Tliere are residential properties to the north
and west of the subject site.
3. Percentage of landscaped area: 21 % of the site is proposed to be landscapefl.
4. Other landseaping standards: UDC 11-3•B-8 and UDC 11-3B-12 require landscaping within
and around parlcing lots. The landscaping standards for parking lots will be applied as part of
the issuance of a Certificate of Zoning Compliance permit. (see Exhibit B, Development
Agreernent Provisions and Conditions of Approval). ~
g. Off .Street Parking: One off-.street parking spaee is reqwired for every 500 sqaare feet of gross
floor area in commercial districts, per UDC 11-3C-6B. •
h. Required Dimensional Standards for the C-C zoning distnct:
C-C Dimensional Standazds
Front setback: 0
Rear setback: 0
Interior side setback: 0 ~
Maximum bui.lding height: 50 feet
Maxirnum building size without design review approval: 60,000 square feet
i. Siibdivision Plat In~forrnation:
1. Residential Lots:
Z. Non-residential Lots: 12
3. Total Building Lots: 12
4. Common Lots: 2
5. Other Lots: N/A
6. Total Lots: 14
j,. Summary of Froposed Streets and/or Access: The preliminary plat shows two full-access
public streets into the development. The public street that runs north=south (Buckstone Avenue
located 330 feet west of Venable) provides access to Ustick Road and connectivity to the
adjacent residential subdivision to the north. The public street that runs east-west (Cooper
Lane) provides access to Venable Lane, aligns with the existing roadway to the east in Cedar
Springs and stwbs along the western boundary for future connectivity. ACFfiD has conditioned
the applicant to construct the northern portion of Buckstone Avenue as a 29-foot street section,
however, if Lots 1-6 of the proposed plat are consolidated on the final plat, the appiicant will
have to provide a cross-access easement to connect the southern portion of Buckstone Avenue
with the stub street in the Woodburn Subdivision to the nor,th. See ACHD conditions in
Exhiliit B.
7. COMMENTS MEETIlVG
On November 16, 2007, a joint agency and departments meeting was held with service providers in
this area. The agencies and departments present include: Meridian Fire Department, Meridian Publ.ic
Works Department, sarutary Services, Meridian Parks Department and Meridian Police Department.
All of the received comments have been included within this report (Exhibit B).
8. COMPREHENSIVE PLAN POLICIES AND GOALS
Settlers Square -AZ-07-018 / PP-07-U24 / ALT-07-0 b6 PAGE 5
CITY OF MERIDIAN PLAMVING DEPARTMENT STAFF REPORT FOR TM°E HEARING DATE OF FEBRUARY f9, 2008
This property is currently designated "Mixed Use - Community" (MU=C) with a Neighborhood
Center (N.C.) overlay on the Comprehensive Plan Future Land Use Map. Neighborhood Centers are
anticipated to provide a blend of high-density residential, smali-scale commercial, entertainment,
office and open space uses that are geared to serve all residents within a one to two square mile area.
The purpose of these centers is to create a centralized, pedestrian-oriented, identifiable and day-to-day
service oriented focal point for neighborhood districis. ,
The Comprehensive Plan also defines the mixed use designation as an area that is situated in highly
visible or transitioning parts of the City where innovative and flexible design opportunities are
encouraged. The M'ixed Use - Community designation allows residential density between 3 and 15
dwelling units per acre, up to 200,000 square feet of non-residential building area, and is intended to
allow a broad range of uses. ,
The proposed develo.pment is intended to develop with a mix of retail, boutiques, personal service
shops,, restaurants, office uses (professional and medical), financial institutions and a daycare
center. These rypes of uses will provide services for the surrounding 'residential neighborhoods. The
applicant has designed the proposed development to be pedestrian oriented. Incorporated in the site
design are decorative stamped concrete sidewalks connecting each building in the development and
areas are provided for outdoor seating. The proposed development will also provide vehicular and
pedestrian connectivity to the residential subdivision to the north and the commercial development
to the east.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed develo.pment (staff analysis in italics below policy): ,
When the City established its Area of City Impact, it planned to provide City services to the
subj.ect property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner:
• Sanitary sewer and water service wil'l be extended to the project at the developer's ezpense.
• The subject lands currently lie within the jurisdiction of the Meridian Rural F'ire District.
Once annexed, the lands will be under tbe jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department. ,
• The subject lands currently lie within the jurisdiction of the Ada County Sheriff's O~ce.
Once annexed, the lands will be serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACFID). This service will not~ change.
• The suliject lands are currently serviced by the Meridian School District #2. This service
will not change. '
• The subject lands are currently serviced by the Meridian Library District. This service will
not change and the Meridian Library District should su~'er no revenue loss as a result oj
the subject annezation. ~
Municipal, fee-supported, services will be provided by the Mendian 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.
•"Restrict curb cuts and access points on coltectors and arterial streets." (Chapter VII, Goal
N, Objeetive D, Action item 2) ;
Settlers Square -AZ-07-018 / PP-07-024 / ALT-U7-Olb PAGE 6
CITY OF MERI~DIAN PLANNiNG DEPARTMfNT STAFf REPORT FOR TH~E HEARING DATE OF FEBRUARY 19, 2008
On the submitted concept plan, the Applicant is proposing one full-access public street to
Ustick Road (arterial) and another full access public street onto venable Lane (collector).
Both public streets provide access and inter-connectivity ~to the commercial development and
adjacent properties. City Sta. fJ`~and ACHD StaJj`'are supportive of the proposed access points.
No direct lot access to Ustick Road and McMillan Road was proposed, and none is approved
w:th these applications.
•"Require appropriate landscape and street buffers along transportation corridors (setback,
vegetation, low wal:ls, berms, etc.)." (Ghapter VII, Goal N, Obj.ective D, Action item 4)
Ustick Road is designated as an arterial roadway and venable Lane is classif ed as a
collector roadway. By City Ordinance, a 25 foot wide ldndscape buffer is required adjacent
to Ustick Road and a 20 foot wide landscape buf~'er is required along Venable Lane.
•"Require all comrnercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Object'ive D, Action item 5)
The subject site will be responsible for installing and maintaining the appropriate landscape
bufjers, parking lot landscaping and streetscape landscaping at the time said parcel is
developeat.
•"Permi.t new ... commercial development only where urban services can be reasonably
provided at the time of final approval and development is~ contiguous to the City." (Chapter
N, Goal I, Obj. A, #6)
This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel.
"Plan for a variety of commerciai and retail opportunities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
Staff believes the proposed mix of retail, offcce (professional and medical), daycare center,
restaurants, and f nancial services will, in fact, contribute to the variety of services located
within the area and w~ll complement the existing residential developments.
• Chapter VII, Page 103 - Mixed Use Community Standards - Up to 25 acres is perrrutted for
non-residential uses; up to 200,000 square feet of non-residential building area; residentiai
densities of 3-to 15 units/acre.
As part of PP and AZ applications, the applicant is proposing approximately 10 acres for
non-residential uses. The proposed commercial development is proposing non-residential
building sizes between 3, 720 and 15,140 square feet. None ojthese buildings are expected to
exceed 20,000 square feet and at build out the projected'.is estimated to tota190,000 square
feet. As mentioned above, the applicant is proposing a wide variety of non-residential uses.
Staf~"is supportive of the mixed commercial uses and finds the proposed development to be in
substantial compliance with the City's Comprehensive Pdan.
• Mixed Use standards, pages 102 and 103, Chapter VII:
i ~
Purpose Statement: The purpose of the MU designation on the Future Land Use Map is to
identify key areas which are either infll in nature ~or situated in highly visible or
Settlers Square -AZ-07-018 / PP-07-U24 / ALT-U7-016 PAGE 7
CITY OF MERI~DIAN PLANNING DEPARTM.ENT STAFF REPORT FOR THE WEARING DATE OF FEBRUARY 19, 2008
transitioning areas of the ciry where innovative and flexible design opportunities are
encouraged.
The highly uisible location of this property, at the corner of Ustick Road and Venable La.ne
makes it a good candidate for a quality mixed use neighborhood development.
,
Fifth Bullet, bottom of page 102: Where the project is developed adjacent to low or medium
density residentiai uses, a transitional use is encouraged. .
Stafy' believes that the proposed development will be compatible with the surrounding
residential properties. The submitted concept plan indicates o~ce buildings and a daycare
center are proposed aiijacent to the residential subdivision to the north. A single family
home is also located west of the development. O~ce uses and daycare centers are typically
transitional uses adjacent to residences. In addition :iciry code requires a 25 foot wide
landscape buffer when commercial uses are adjacent to~ residential uses. The appdicant wil[
be responsible for installing a 25 foot wide landscape bu~'er at the time of CUP and/or CZC
approval for buildings located adjacent to the northern and western property boundaries.
Sixth Bullet, to.p of page 103: A mixed use project shall ~~nclude a principal use (retail, office,
professional or residential) and at least one other type of land use. Exceptions may be granted
from smaller site on a case-by-case basis.
Sta~`'is supportive of the mix of retaiUcommercial, office uses and personal and professional
services proposed for this site. Although the applicant is not proposing a residential
component with this development, sta.JJ`' believes the development will provide essential
services to the residents of the area, thus meeting the intent of a mixed use development.
Eighth Bullet, top of page 103: All rnixed use pr.ojects shall be directly accessible to
neighborhoods within the section by both vehicles and pedestrians.
The conceptual plan provided by the Applicant shows excellent connectivity between the
residences and businesses as well as from the adjacent sidewalks on the streets.
Sta~ recommends that the Commission rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's development request is
appropriate for this property.
9. iJNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Commereial Districts: UDC Table 11-2B-21ists the perrrutted, accessory,
and conditional uses in the C-C zoning district. The site is~intended to develop with off ce
uses, boutiques, restawants and retaii stores which are l-isted as principally permitted uses in
the C-C d'istrict. The submitted concept plan also indicates a daycare center and drive through
establishrnents which require CUP approval in the GC zoning district. There is a maximum
building size in the C-C district of 60,000 square feet before administrative design review is
required. ,
b. Purpose Statement of Zoning District: The purpose of the Comtnercial 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 comrnercial structures
accornmodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways.
10. ANALYSIS
Settlers Square -AZ-07-018 / PP=07-024 / ALT-U7-016 PAGE 8
CITY OF MERIDIAN PLAM~IING DEPARTMENT STAFF RERORT FOR THE H.EARING DATE OF FEBRUARY F9, 2U08
a. Analysis of Facts Leading to Staff Recomrnendation:
AZ Application:
The applicant is proposing a GC zoning designation, which is general~ly consistent with the
pro,posed Mixed Use - Community Map designation for this site. Approvai of the subject
annexation and zoning request would allow the Applicant to obtain commercial (GC) zoning
designation for the subject property. The Applicant has submitted a preluninary plat, a conceptual
development plan and building elevations showing how tliis site may develop with a mix of
limited retaiUoffice uses, drive through businesses and a daycare center. According to UDC 11-
2B-1 and LJDC 11-2B-2, some of the uses proposed for fhis site, retail stores, professional offices,
restaurants, and fi~nancial institutions are pemutted uses in the proposed C-C district. However,
daycare centers and drive through establishrnents require CUP approval.
As stated earlier, the applicant is not pro.posing a residentiai component with this development;
however, staff believes that there is sufficient residential de~ elopment in the area to support the
proposed non residential wses proposed. The applicant has indicated in the narrative that the
development is intended to be a loca~l gathering place providing pedestrian friendly neighborhood
cornmercial services. Based on the policies and goals contained in the Comprehensive Plan
and the proposed Future Land Use Ma.p desiguation of Mixed Use - Community for this
property, Staff believes that tlie requested C-C zoniug district is appropriate for tWs
property. Please see Exhibit D for a detai:led analysis of the required facts and findings for an
annexation. ~
T'he annexation and zoning legal description prepared by Robert G. Hinckley, PLS, dated August
8, 2007 and subrnitted with the application, is accwrate and meets the requirements of the City of
Meridian and State Tax Comrnission.
Development .A.greement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission
and City Councii witih the authority to require a property owner to enter into a DA with the City
of Merid~ian that may require some written corrunitment for all future wses. Due to the location of
this development, adjacent to residential development and along a major roadway, and the
proposed mix of commercial uses, Staff believes that a DA is necessary in this instance. If
the Commission or Council believe that additional or different DA provisions then are proviiied
herein are necessary to ensure that this property is developed,in a fashion that is consistent with
the Comprehensive Plan and does not negatively impa~ct nearby properties, Staff recommends a
clear outline of the commitments of the developer be made.
Prior to the annexation ordinance approval, a DA shall be entered into between the City of
Meridian, the property owner(s) (at the tirne of annexation ordinance adoption), and the
developer. The AppGcant sh~ll eoatact the City Attorney, Bill Nary, at 898-5506 to initiate
this process. The DA shall incorporate, at a minimum, the provisions listed in Exhibit B of
the Staff Report and be approved by tlie Council within 6 months.
Concept Plan: The AppTicant has submitted a coneept plan demonstrating how the site is to rnost
likely develop. The concept plan shows 10 office/retail bwildings and one daycare building
located in the northeast corner of the development. The square footages for the buildings aze
expected to range between 3,720 and 15,140 square feet., The applieant has indicated in the
application that cucnulative square footages for the commercial site is not to exceed 90,U00 square
feet wtuch is wel'1 below 200,.000 square feet allowed for commercial uses within the Mixed-Use
Community designation. Staff is limiting the development to not exceed 108,000 total square feet
of non-residential uses on the site (90,000 total square feet X 20% allowance). Further, staff is
Settlers Square -AZ-07-018 / PP-07-024 / ALT-07=U16 PAGE 9
CITY OF MERlD1AN PLAMVING DEPARTMEN7° STAFF REPORT FOR TWE HEARING DATE OF FEBRUARY 19, 2008
-
~)
i
recornmending that no one building exceed 20,000 square~,feet. All commercial buildings will
require future CZC approval. ~
1
The concept plan also illustrates the pedestrian feei of the development by providing outdoor
seating areas for €uture patrons and the proposed buildings are tied together with decorative
concrete pathways providing excellent pedestrian connectivity. Sorne of the required parking is
also located adjacent to wide pedestrian comdors Tined with trees that add to the pedestrian
ambiance of the development. Staff is supportive of the conceptual site design for this parcel and
the pro.posed uses within the developrnent. ;
1.
Building Elevations; The applicant has submitted a conceptual streetscape for the proposed
devetopment. T'he conceptual streetscape reflects three different buildings with similar
architectural elements and accents. Each fa~ade of the buildings show substantial glazing with
brick accented pilasters and meta~l canopies to provide shade and sitting areas for future patrons.
Another elevation details some of ttie architecture incorpoiating flat and pitched roofs into the
design with building materials varying from wood lap siding and scucco with brick veneer
pilasters adding articulation to the fa~ade of the building. 'The largest of the three buildings still
uses the same building materials but features a substantial portico sealed to the size of the
building and constructed with the same materials as the building. Staff believes the massing and
seale of the proposed buildings is appropriate to a development of this size. Staff is supportive
of theses building elevations and building materials. ,
PP Application:
Dimensional Standards: There are no minimum setbacks, lot size, or street frontage
requirements for lots in the C-C zone. The maximum building height allowed in the C-C zone is
50 feet and the maximum building size altowed without design standard approval is 60,000
square feet. Future buildings proposed on the subject lots shall meet the minimum dimensional
standards Iisted in iJDC 11-2B-3 and #6h above. i
Access: The preliminary plat shows two full-access public streets into tlie developrnent. The
public street that runs norfh-south (Buckstone Avenue, located 330 feet west of Venable)
provides access to Ustick Road and connectivity to the adjacent resiiiential subdivision to the
north. The public street that runs east-west (Cooper Lane) provides access to Venable Lane,
ali.gns with the existing commercial developrnent to the east and stubs aiong the western
boundary for future connectivity. ;
I
A revised plat has been submitted to Staff; after the applicant.~received ACHD comments. ACHD
has conditioned the applicant to construct the northern portiori of Buckstone Avenue as a 29 foot
street section. However, if Lots 1-6 of the proposed plat are consolidated, the appl.icant will have
to provide a cross-access easement in.lieu of the public street section to connect the existing ~
Buckstone Avenue to Cooper Lane. The revised preTiminary plat still shows a 29 foot street
section; however the applicant is proposing if Lots 1-3 of Block 3 and/or Lots 1-3 of Block 4 are
consolidated, a pubiic street will still be required from Venable Lane to stub to the property to the
west. Further, a vehicular connection from the existing Bucks ~one Place to the north to Cooper
Lane should be provided. Except for the accesses mentioned above, a note shall be placed on the
final plat prohibiting direct lot access to Ustick Road and Venable Lane. Because the concept
plan shows shared access points, a cross-access easemendagreement shall be recorded for all
commerciai lots within the subdivision to use the drive-aisles and said easement shall be noted on
the final plat. ~
,~
Landscaping: The total landscape area for. the site is 21 percent which is considerably more than
the 10 percent open space the UDC requires for residential sub~divisions of equal size. The intent
~
Settlers Square -AZ-U7-018 / PP=07-024 / ALT-07-016
PAGE i 0
CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE ,H£ARING DATE OF FEBRUARY 19, 2008
of this :request is to create a pedestrian friendly environment;~,and complement the surro.unding
residential communities. Staff fmds the applicant has provided an abundance of landscaping on
the site. ~
Street Buffers: Ustick Road is designated as an arterial roadway and Venable Lane is
classified as a collector. The UDC requires 25-foot wide landscape buffers adjacent to arterial
roadways and a 20-foot wide buffer adjacent to collector streets (UDC Table 11-2B-3). On the
landscaping plan the applicant is showing a 20 foot landscape buffer adjacent to Venable Lane
and 25 foot landscape buffer along Ustick Road. '
Alternative Com.pliance: iJDC Table 11-2B-3 requires a 10-foot wide landscape buffer along
locaUcommercial streets. The applicant has requested altemative compliance to reduce the
required 10 foot landscape buffer to 5 feet. The applicant is proposing to bring the buildings near
the sidewalk and have on-street parking. The LTDC required landscape buffer does not
accommodate this design. In lieu of the 10-foot wicle landscape buffer, the applicant has provided
S foot perimeter landscaping with a rninimum detached 5-foot wide decorative stamped concrete
sidewalks adjacent to Buckstone Avenue and Cooper Lane (there are several areas where the
stamped concrete sidewalk is 10 or 12-feet wide). In addition, the applicant is proposing two
center medians located in the southern portion of Buckstone Avenue. The center medians are
located along the southern portion of Buckstone Avenue but do not meet the minimum 8 foot
width required per city code. Staff is supportive of the applicant's alternative compliance
request but the applicant should revise the landscaping plan to depict a minimum eight-foot
wide center median, measured inside of curbs, prior submittal for the final plat. In Lieu of
the 10 foot wide landseape buffers along streets, staff supports and approves ALT-07=016
associated wi.th the findings in Exhibit D.
Existing Trees: There are 8 existing Cottonwood trees on this site. The applicant states they
are to be removed during construction. Any existing tree on~site tree over 4" in caliper that are
removed from the property shall be replaced by installing additional trees, being the equivalent
number of cai~iper inches of those removed. Required landscaping trees will not be considered as
replacement trees for those that are removed. The Applicant has indicated on the submitted
landscape plan that the trees are to be evaluated by Elroy Huff at the Meridian Parks Department,
for any mitigation is that may be requi.red.
L$nd Use Buffers: If the subject annexation and zoning application is ap.proved,
commercially-zoned property will be adjacent to existing and proposed residential properties to
the north and west. To buffer the existing and proposed residential land uses to the north and west
from future comrnercial (C-C) uses on this site, a rninimum 25-foot wide landscape buffer should
be installed (UDC Table 11-2B-3). The submitted landscape plan indicates a 25-foot wide
landscape buffer adjacent to the residential subdivision to the riorth and a 20-foot buffer along the
western property boundary. The applicant is to provide an~ additional 5 feet of landscaping
(25-feet total) to the west property and construct materials in accordance with UDC 11-3B-
9.
Internal Landscapingc The subrnitted landscape plan shows landscaping within the parki.ng
lots. The proposed parking areas meet the current landscaping requirements. It is important to
note: all internal and parking lot landscaping will be reviewed with a CUP/CZC application.
Existing Structures: The site currently contains an existing single family home with associated
outbuildings. The subrnitted plans indicate all existing buildings are to be rernoved to make way
for the proposed cornmercial development. Prior to tlie City Engineer's signature of the final
plat, all existing buildings on this site shall be removed.
Settlers Square-AZ-07-018 / PP-U7-024 / ALT-07-016 PAGE 11
CI~'Y OF MERfD1AN PLANNING DEPARTM£NT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2U08
Fencing: The Applicant is not proposi~ng/showing any new ~fencing on any of the submitted
plans. Percnanent fencing is not required. However, if permanent fencing is not provided,
temporary construction fencing to contain debris rnust be installed azound the perirneter prior to
issuance of a building permit for this site. During the public hearing, the applicant shall verify
if permanent fencing is proposed for the development. ~
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 utiIize any existing
surfaee or well water for the primary source. If a surface or'~well source is not available, a single-
point connection to the culinary water system shall be required. If a single-point connection is
utilized, the developer will be responsible for the payment of assessments for the common areas
prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation
systern showld be instal~led to all landscape areas per ihe approved s,pecifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28. d
Staff recommends approval of Settlers Square (AZ-07-018/PP-07-024/ALT-07-016), as
presented in the Staff Report for the hearing date of December 6; 2007, subject to the Findings of
Fact listed in Exhibit D and subject to the conditions of approvall listed in Exhibit B. The Meridian
11. EXAIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (dated: Novernber 29, 2007)
3. Landscape Plan (dated: September 11, 2007)
4. Concept Plan (dateii October 29, 2007)
5. Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Services
7. Ada County Highway D.istrict
8. Settler's Irrigation District
9. Central District Health
C. Legal Descriptions & Exhibit Maps
Settlers Square -AZ-U7-018 / PP-07-024 / ALT-07-016 ~~ PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 20U8
D. Required Findings frorn Urufied Development
Settlers Square -AZ-07-018 / PP-07-024 / AL,T-07-O16 ' PAGE 13
CITY OF MERIDIAN RLANNING DEPARTMENT STAFf REPORT FOR THE MEARING DATE OF DECEMBER 6, 2007
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CITY OF MERIDIAN PLAM~lING DEPARTMENT STAFF REPORT FOR THE WEARING DATE OF DECEMBER 6, 2U07
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CITY OF MERI'DIAN PLANNING DEPARTMENT STAFF REPORT FOR 7Hf HEARING DATE OF DECEMBER 6, 20U7
B. Conditions of Approval
1. PLANMNG DEPARTMENT
l.l ANNEXATION/ZONING
1.1.1 The anriexation and zoning legal descriptions submitted with the application (stamped on August
7, 2007 by Robert G. Hinckley, PLS) is accurate and m` et the requirements of the City of
Meridian.
1.1.2 A Development Agreement will be xequired as part of the annexation and zoning of this property.
Prior to ihe annexation ordinance approval, 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. T6e applicant shall contact the City Attorney`, Bill Nary, at 898-5506 within 6
months of Council approval to initiate this process. The DA shall include, at a minimum, the
following: ~
Developrnent of the properry shall substantial~ly comply'~with the commercial elevations and
the conceptual site plan submitted with the subject application (see Exhibit A), as
determined by the Planning Director, including the conc' pts outlined below.
- Pedestrian connections shall be constructed between commercial bwildings in
the form of pathways distinguished from vehicular driving surfaces through the
use of pavers, oolored or scored concrete, or bricks as proposed.
- Commercial structures shatl be built adjacent to roadways with on-site parking
to the rear and sides of the structuces; as proposed (on-street parking is
approved).
- Building materials (stucco and wood siding,.' architectural composition shingles,
metal awnings and brick veneer accents), architectural elements (50% glazing
on ground level, metal awnings, brick veneer pilasters, and entry way porticos
on the larger scaled buildings).
- A rnini.mum of 7 buildings with no one bu~ilding exceeding 20,000 square feet.
The maximurn allowable non-residential sq.uare footage for this development
shal:l be 108,000 square feet.
• All future development of the subject property shall comp~y with City of Meridian ordinances
in effect at the time of development.
• The Ap.plicant shall be responsible for all costs associated with sewer and water service
installation.
• The following shall be the allowed uses on this property: Pernutted and accessory uses
within the GC zone. All conditionally pernutted uses on the subject site shall be subject to
CUP review.
• All future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that wil:l be detrirnental to any persons, property or the general
welfare by reason of excessive production of traffic, noise,~ismoke, fumes, glare or odors.
• The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC)
permit approval from the Planning Department prior to any, cornrnercial building construction
on the subj ect property.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007
• Except for one public street aecess to Ustick Road, one public street access to Venable Lane,
the st~ubbing of Cooper Lane to the west and the connection of Buckstone Avenue to the
~ existing residential stub street to the north; no other access points shall be allowed.
• Construct a 25-foot wide landscape . street buffer along Ustick Road and 20-foot wide
landscape buffer along Venable Lane. ;
Construct a minimum 25-foot wide landscape buffer between all C-C zoned property and
residential uses.
PRELIMINARY PLAT
Site Specific Conditions
1.2.1 The preliminary plat prepared by Treasure Val~ley Engineers, dated November 29, 2007
(attached in Exhibit A), is approved, with the conditions listed herein. Any future development
agreement shall also be considered conditions of the Preluninary Plat (PP-07-021).
1.2.2 Except for the full-access publie streets into the develo.pment (one to Ustick Road and one to
Venable Lane), access to Ustick Road and Venable Lane is prohibited. Place a note on the face
of the finai plat prohibiting direct lot access to L7stick Road and Venable Lane. Cooper Lane
shall be stubbed to the west side of the property for future connectivity, as proposed. Buckstone
Avenue frorn the south shall be extended into the site.
1.2.3 A cross-access easement/agreement shall be recorded for all commercial lots within the
subdivision, A11 lots within the subdivision shall have access to the public streets via drive
aisles. This agreement shall be recorded and a copy of said agreement submitted to the City
prior to the City Engineer's signature on the final plat OR Fa note shall be added to the face of
the final plat granting said cross-access.
1.2.4 Prior to the City Engineer's-si'griature on the final plat, all ezisting structures shall be removed.
1.2.5 The landscape plan prepared by South Landscape Architectwe, dated September 11, 2007,
labeled Sheet L-1 (attached in E~chibit A), is approved with the following notes/changes:
!
• Provide a minunum 25-foot wide landscape buffer along Ustick Road and a minimum 20-foot
wide landscape buffer aiong Venable Lane. All landscape rnateriais shall be installed in
accordance with UDC 11-3B-9, Landscape Street Buffers.
• Provide a 25-foot wide landscape buffer adjacent to the existing residential uses to the north
and west of the site. All landscape material shall be instal.led in accordance with UDC 11-3B-
9, Landscape Buffers to Adjoi~ning Uses, and create a barrier where the trees touch at the time
of maturity.
• In lieu of the 10-foot wide street ;buffer adjacent to Buckstone Avenue and Cooper Lane, the
applicant shal:l construct minimum 5-foot wide street bu -ffers, and brick/stamped concrete
walkways. Further, two center medians located along the southern portion of Buckstone
Avenue as shown on the concept plan shall be constructed. Said medians shall be constructed
at a minimum of 8-feet in width, measured inside of curbs. See ALT-07-016.
• Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on
,
designing, adopting, and implementing a protection and ~tigation plan for the existing trees
on site.
• A written certif cate of completion should be prepared by tihe landscape architect, designer, or
quali.fied nurseryman responsible for the landscape plan. All standards of installation should
a.pply as listed in UDC 11-3B-14. ,
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007
S.ubmit revised landscape plans to the Planning Department with the submittal of the final plat
application.
1.2.6 This subdivision lies witliin the Settlers' Irrigation District. The City of Meridian requires that
pressurized urigation systems be supplied by a year-round sowrce of water. If a creek or well
source is not available, a single-point connection to the domestic water system shall be
required. If a single-point connection is utilized, the developer shall be responsible for the
payment of assessrnents for the irrigable landscape areas pri; r to signature on the fmal plat by
the Meridian City Engineer.
1.2.8 All development irnprovements including water, sewer, fencing, landscaping and pressurized
irrigation shall be instaPled and approved prior to obtaining Certificates of Occupancy.
1.2.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing,
pressurized irrigation, landscaping, sanitary sewer, water,. etc., prior to signature of the final
plat. ',
1.2.10 Maintenance of all common areas shall be the responsibility of the developer or assigns.
Record legal~ly binding documents that state the maintenance and ownership responsibilities
for the management of the development, including but not lirnited to strucfures, parking,
common areas, private streets, anii other developrnent features.
General Conditions
1.3.1 Sidewa~lks/walkways shall be installed within the subdivision and along fhe adjacent streets
pwrsuant to UDC 11-3A-17.
1.3.2 The Applicant shail cornply with the outdoor lighting standa~ds shown in LTDC I 1-3A-11.
1.3.3 A detailed landscape plan, in compl:iance with the landscape and subdivision ordinance, and as
noted in ttus report, shall be submitted for the subdivision with the final plat application. Where
the Applicant has subrnitted a preliminary landscape plan and where Staff has reviewed such
plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by Staff. ~
1.3.4 Tempor.ary construction fencing to contain deliris shall be installed around the perimeter prior
to issuance of a build'ing pernut.
1.3.5 Staff's failure to cite specific ordinance provisions does no.t relieve the Applicant of
responsibility for compliance. ~
1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-
7.
2. PUBLIC WOR'KS DEPARTM.ENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in North
Venable LN and W Woodpine St. The applicant shail install mains to and through this ~
subdivision; applicant shall coocdinate 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 conforrnance of City of Meridian Public Works
Departrnents Standazd Specif cations.
2.2 Water service to this site is being proposed via extension of mains in North Venable LN, W
Ustick Rd and W Woodpine St. The applicant shall be responsible to install water mains to and
through this development, eoordinate main size and routing with Public Works.
Exhibit B - Page 3
CITY OF MERI'DIAN PLANNI.NG DEPARTMENT STAFF REPORT FOR TH~E MEARING DATE OF DECEMBER 6, 2007
2.3 The applicant shal~l provide a 20-foot common lot for all public water/sewer mains outside of
publie right of way. The common lot shail be.covered with a blanket easement to the City of
Meridian.
2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard forrns. Submit an
executed easement (on the forrn avai~lable from Public Works)~, a legal description, which must
include the area of the easement (marked EXHIBIT A) and an, 81/2" x 11" map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits mus.~ be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
sowce of water (MCC 12-13-8.3). The applicant should be reqwired to use any existing surface or
well water for the primary source. I€a surface or well source is not available, a single-point
connection to the cul:inary water system shall be cequired. If a single-point connection is utilized,
the developer will be responsible for the payrnent of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.6 Al:l existing structures shall be removed prior to signature on the final plat by the City Engineer.
2.7 All urigation ditches, laterals or canals, exclusive of natura~l waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the ap,propriate irrigation/drainage iiistrict, or lateral wsers association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.8 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells rnay be used for non-domestic
purposes such as landscape imgation i.f approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190..
2.9 Any existing septic systems within this project shall be rernoved from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonrnent procedures and
inspections (208)375-5211.
2.10 Street signs aze to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.11 A letter of credit or cash sutety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary `ewer, water, etc., prior to
signature on the final plat.
2.12 All developrnent improvements, including but not limited to sewer, fencing, micro-paths,
pressurized 'urigation and landscaping shali be installed and approved prior to obtaining
certi:ficates of occupancy.
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as deternuned during the plan review process, pnor to signature on the final plat
per Resolution 02-374.
Exhibit B
C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE MEARING DATE OF DECEMBER 6, 2007
2.14 It shall be the responsibility of the applicant to ensure that all developrnent features cornply with
the Americans with Disabilities Act and the Fair Housing Act;
2.15 Applicant sliall be responsible for application and compliance with any Section 404 Pernutting
' that rnay be required by the Army Corps of Engineers. '
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
~
2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.19 The engineer shall be required to certify that the street centerline elevations aze set a minimum of
3-feet above the highest estabTished peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above;
2.20 The applicants design engineer shall be responsible for i~nspection of all irrigation and/or drainage
facility within tlvs project that .do not fail under the jurisdiction of an irrigation district or the
ACHD. The design engineer shall provide certi.fication that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project. ~
2.21 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project. '
2.22 One hundred watt, high-pressure sodiwm streetliglits shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street i.ntersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are cornpleted liy Idaho Powe"r Company. The street light
contractor shal'1 obtain design and pemut from the Public Works Department prior to
~ comrnencing installations. ~
3. MERIDIAN FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the~!Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4%Z" outlet face the main istreet or parking lot aisle.
b. The Fire hydrant shall not face a street which does not~ have addresses on it.
c. Fire hydrant markers shal'1 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 shal'1 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 witlun 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 proj.ect may require a temporary approved turn
Exhibit B
CITY OF MERIDIAN PLANN•I.N.G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007
around on streets greater than 150' in length with no owtlet. Extend Buckstone Avenue from the
north. ;
~I
3.4 All common driveways shail be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.5 For all Fire Lanes provide signage "No Parking Fire Lane". i
3.6 Operational fire hyiirants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.7 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 p.arking only on one side.~~ These measurements shall be
based on the back of curb dimension. The roadway shall be ali~e to accommodate an imposed
load of 75,000 GVW.
3.8 Commercial and office occupancies w.il~l require a fire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.9 Maintain a separation of 5' from the building to the dumpster en`loswe.
3.10 The Fire Dept. has concerns about addressing and the address being visible from the street which the
project is addressed off of. Please contact the Addressing Special'ist at 898-5500 to address this
concern prior to the public hearing.
3.11 Al•1 aspects of the building systems (including exiting systems), processes & storage practices sha11
be required to compiy with the International Fire Code.
3.12 Ali portions of the buitdings tocated on this project must be., within 150' of a paved surface as
measured around the perimeter of the buiiding. ,
3.13 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
rneasured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official'., For buildings equipped throughout
with an approved autornatic sprinkler systern installed in accordance witli 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 shal~l 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 dis;tance requirement shall be 600 feet
(183 m). '
3.14 All Daycare's with 7 or more children rnust pass an inspection using the criteria of the Idaho State
Fire Mazshal. If the applicant has concerns about meeting the State Fire Marshal criteria an
inspection will be completed at a cost of $20. ~
3.15 There shall be a fire hydrant within 100' of all fire department connections.
Exhibit B
CITY OF MERlD1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007
3.16 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three
means of fire apparatus access for each structure. Two of the access roads shall be placed a distance
~ apart equal to not less than one half of the length of the overall diagonal dimension of the property or
area to be served, measured in a straiglit 1'ine.
4. MERIDIAN POLICE DEPARTMENT
4.1 The poTice department has no concerns related to the site design of this project.
5. PAxxs I ~
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-10) will be followed. '
52 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (LJDC 11-3B-10) will be followed.
6. SANITARY SERVICES
6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certi.ficate of zoning compliance application.
7. ADA COiJNTY HIGHWAY DISTRICT ~
7.1 SPECIFIC CONDITIONS OF APPROVAL ~
7.1.1 Dedicate either 48 feet of right-of-way from the existing centerline of Ustick Road abutting the
parcel. The right of way purchase and sale agreement and deed must be cornpleted and signed by
the applicant prior to the scheduTing of the final plat for signafure by the ACHD Commission or
prior to the issuance of a building pernut whichever comes first. Allow up to 30 business days to
process the right-of-way dedication after receipt of all req.uested material. The District will
purchase the right-of-way wluch is in addition to existing right-of-way from available Corridor
Preservation Funds.
7.12 Construct a 5-foot wide concrete sidewalk located 41-feet from the centerline of Ustick Road
along the entire site frontage.
7.1.3 Do not make utility street cuts in Ustick Road abutting the site without approvai in writing by the
District. This section of road was paveii in March 2007 and is subject to the 5 year cut
moratorium.
7.1.4 Complete Venable Lane as a 40 foot street section with vertical curb, gutter, and 5 foot attached
concrete sidewalk abutting the site. Connect sidewalk with the:~existing improvements to the
north. ~
7.1.5 Construct the north portion ofBuckstone Avenue as a 29 foot street section (measuced from back
of eurb to back of curb) with vertical curb, gutter and 5 foot attached concrete sidewallcs inside 42
feet of right of way. In the event lots 1=6 aze consol.idated on ~the final plat, the applicant shall
provide, in lieu of this public street section, a public cross-access easement to connect the south
portion of Buckstone Avenue with the stub street in Woodbum Subdivision to the north.
7.1.6 Construct t~he south portion of Buckstone Avenue as proposed with drive aisles 21 feet wide
(measured from back of curb to back of cwrb) and islands at lea~st 4 feet wide where it is divided,
and vertical curb, gutter and 5 foot attached sidewalks along both sides. Where parking aisles are
- located, construct a 30 foot wide divided street section. Constnict Buckstone Avenue with
vertical curb, gutter and 5 foot attached sidewalk. Buckstone Avenue shall intersect with Ustick
Exliibit B
~CITY OF MERIDIAN PI,AMVING DEPARTM€NT STAFF RERORT FOR THE WEARING DATE OF DECEMBER 6, 2007
Road no closer than 330 feet from Venable Lane (measured centerline to centerline). The District
may restrict Buckstone Avenue to right in/right out at some time in the future.
7.1.7 Construct traffic islands with trees at least 6 feet wide with root barriers or 8 feet wide without.
7.1.8 Construct Cooper Lane as a 42 foot street section (with 9 foot; parking aisles as proposed) with
vertical curb, gwtter and sidewaik aligning with the private drive in Cedar Springs Professional
Center to the east and terrrunating as a stub street to the west. Instal'l a sign at the west terminus of
Cooper Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
7.1.9 Provide a temporary public turnaround easement in the driveway nearest to Cooper Lane's east
terminus to expire when Cooper lane is extended to the west.
7.1.10 Construct all commercial driveways onto Buckstone Avenwe and Cooper Lane as proposed.
Driveways must be no wider than 36 feet and paved their full width at least 30 feet into each site.
If constructing curb return type driveways, 15 foot radii will be required.
7.1.11 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDTTIONS 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 prohi~bited from being located within any ACHD roadway or
riglit-of-way.
7.2.3 All utility retocation costs associated wiCh improving street frqntages abutting the site shal~l be
borne by the developer.
7.2.4 Replace any existing darnaged cwb, gutter and sidewalk and any that may be damaged during the
construction of the proposed developrnent. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy..
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 387-6258 (with file num6ers) for
details. .~
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved swpplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State o.f Idaho shail prepare and certify all improvement plans:
7.2.8 The applicant shall subrnit revised plans for staff approval, prior to issuance of building pemut
(or other required pernuts), 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 D.istrict prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance
with Ordinance #200, also lrnown as Ada County Highway District Road Impact Fee Ordinance.
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 ACHD shall repair existing utilities darnaged by the applicant. The
applicant shall be required to call DIGLINB (1-800-342-1585),at least two full business days
prior to breaking ground within AC~ID right-of way. The applicant shall contact AC~ID Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
Exhibit B
CITY OF MERIDIAN PLANN1NG DEPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF DECEMBER 6, 2U07
7.2.12 No change i~n the terms and conditions of this approval sha}l 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. T'he burden shall be upon the applicant to
obtain written confirmation 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 restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property uriless
a waiver/variance of said requirements or other lega~l relief is granted pursuant to the law in effect
at the tune the change in use is sought. ~
~
8. SETTLER'S IRRIGATION DISTRICT ~
8.1 All irrigation / drainage facilities along with their easements' rnust be protected and continue to
function. '
8..2 A Land Use Change Appl:ication must be on file prior to any approvals.
;~
8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or
within its easements.
8.4 Any changes to the exisEing irrigation system such as relocation, tiling, and landscaping must be
approved by Settlers Inigation District's Board of Directors.
8.5 All storm drainage rnust be retained on-site.
8..6 A pressure irrigation systern must be provided to service all lots within the above-mentioned
subdivision from the current delivery point. Settler's Irrigat,ion District owns the pressurized
irrigation system within the Woodburn Subdivision. This development may connect to the
existing system in accordanee with SID's standards, specifications and policies.
8.7 This property lies within the Settlers Irrigation District's service boundary
9. CENTRAL DISTRICT HEALTH
9.1 After written approval from ap.propriate entities is submitted, we can approve this proposal for
central sewage and central water. ~
9.2 The foliowing plans must be submitted to and approved by the Idaho Department of Health &
welfare, Division of Environmental Quality: centr.al sewage and central water.
9.3 Run-off is not to create a mosquito-breeding problem.
9.4 Central District Health wi.ll require plans be submitted for a plan review for any: food
establishments, grocery store, beverage establishment and childl~care center.
E~chibit ~B
CITY OF MERIDIAN PLANN~IN.G DEPARTMENT STAFF REPORT FOR THE W~EARING DATE OF DECEMBER 6, 2007
Exhibit G- Legal Descriptions & Exhibit Maps ~
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FR.OJECT; . S~ttees:Sqoaro
Pi1RCEI::NO.: OSiT3.01
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'ilien~e Noifli 88° d4' 00" West co~ident with.tlie.sot~.lirte of said.Section 36, a disteaee of 665.56 fee~
Thoiice Noitii 00° 23' 29".Ees~ •666:.O.Q feet to 8 lb~md S/8" iebadples0ic cap L:S. 107~
"Ibance $outh 88° 44' 03" Eest, 666,17 feet.to the eaai Itqe=oPseid SW 1/4 of See~IIoo, 36;
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the POIN7"OF $EGII!JIYILVG. '
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Toged~er witl~ and snbjeix,to coveoacti. ~ts~aad ns~ietima:ofeewid or otheraise mtisriug
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Exhibit C
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007
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EXHIBIT "A " ,,
ANIVEXA7'~IO,N DES~CRIPTION
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Ezhibit C
CITY OF MERIDIAN PLANNING DEPARTMfNT STAFF REPORT FOR THE WEARING DATE OF DECEM$ER 6, 2U07
D. Required Findings from Unifed Development Code
Annexation Findings:
Upon recommendation from the Commission, t6e Couacil shall make a full investigation
and shall, at tbe pubGc hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable, provisions of the compre6ensive
plan; ,
The Applicant is proposing to zone the subject property to C-C. The City Council finds
that the proposed zoning map amendment will comply with the applicabie provisions of
the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8,
of the Staff Report for more information. '
2. The map amendment complies with the regulations outlined for the proposed
district, specifcally the purpose statement;
The City Council finds that professional offices, retail uses, restaurants and medical
clinics wowld be permitted uses and drive through establishments and daycare centers are
cond~itional uses within the C-C district. The City Coiuicil finds that futare development
of this property should comply with the established regulations and purpose statement of
the C-C district, if the DA provisions are adhered to. ,
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare; ~
Tlie City Council finds that a zoning amendment to C-C will not 6e detrimental to the
public health, safety, or welfare. Staff recomrnends that the Co~runission and Council rely
on any oral or written testimony that may be provided when determi.ning this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any politicai subdivision providing public serviees within the City
including, but not limited to, school districts; and, ~ .
The City Council finds that a zoning amendment to GG for this site will not result in any
adverse impact upon the delivery of services by any pol~tical subdivision providing
services to this site.
5. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The City Council finds that all essential services are available or wil~l be provided by the
developer to the subject property and will not require unreasonable expendihue of public
fiznds. In accordance with the findings Iisted above, the City Council finds that
Annexation and Zoning of ftiis property to C-C would be in the best interest of the
City, if the Applicant enters into Development Agr~eement (DA) with the City, as
mentioned in the Sta .ff Report.
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 fndings:
1. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the
Exhibit D
CITY OF MER4DIAN PLANNJN.G DEPARTMENT STAFF REPORT FOR THE Hf .ARING DATE OF DECEMBER 6, 2007
adopted Comprehensive Plan. T'he City Council supports the proposed plat layout, wi.th
recommended changes, as they cornply with the provisions of the Comprehensive Plan.
Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report.
2. Public services are available or can be made , available and are adequate to
accommodate the proposed development;
The City Council finds that public services can be made available to accommodate the
proposed development. (See E~chibit B of the Staff Report for more details from public
service providers.) ,
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer., water, and utilities for the development at their
own cost, the Gity Council finds that the subdivision ;will not require the expenditure of
capital improvement funds. '
4: There is public financial capability of supporting services for t6e proposed
development; ;
Staff recommends the Commission and Council rely upon comrnents frorn the public
service providers (i.e., Police, Fire, ACHD, etc.) to deterrnine this ficiding. (See Exhibit B
for rnore detail.)
5. The deyelopment will not be detrimental to the pubGc health, safety or general
welfare; and
The Ciry Council is not aware of any health, safety, or environmentai problems
associated with the development of this subdivision that should be brought to Council's
attention. ACHD considers road safety issues in their, analysis. Staff recommends that
tfie Cornmission and Council reference any public testi~mony that may be presented to
deternune whether or not the proposed subdivision may cause health, safety or
environmental problems of which Staff is unaware. ~
6. The development preserves signifieant natural, scenic or historic features.
The City Council is unaware of any natural, scenic,; or historic features on this site.
Therefore, The City Council finds that the proposed development wi~ll not result in the
destruction, loss or damage of any nahual, scenic or historic feature(s) of major
importance. Staff recommends that the Commission and Council reference any public
testimony that may be presented to determine whetlier or not the proposed development
may destroy or darnage a natural or scenic feature(s) of!major irnportance of which Staff
is unaware. ~
Alternative Compliance Findings:
In order to grant approval for altern$tive compliance, the director shall determine fhe
following findings:
a. Strict adherence or application of t6e requirements is not feasible; OR
The City Council fmds the 10 foot landscape buffer adjacent to local streets is not feasible for
the design of this proposed development. Staff believes the applicant has rnet the intent of the
code by landscaping 21 % of the entire site and designing ;pedestrian pathways and 5 foot
landscape buffers that compliment the existing northern residential neighborhood and provide
excellent connectivity for future patrons of the developrnent.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RFPORT FOR THE 4EARING DATE OF DECEMBER 6, 2007
b. The alternative compliance provides an equal or .isuperior means for meeting the
requirements; and
The Ci.ty Council finds the alternative cornpliance does provide a superior means for meeting
the City's landscaping requirements. The City Council fnds the conceptual landscape plan
i~ncorporates intiovative design by using center medians along the southern portion of
Buckstone Avenue and incorporating 5 foot wide landscape buffers along the public streets
with 5 foot detached decorative stamped concrete. The City Council finds this desi.gn to be
more compatible with the residential subdivision to the north. Additionatly the City Council
finds this design contributes urban streetscape and ' adds to the pedestrian friendly
environment of the development. Therefore, The City Council supports the proposed concept
landscape plan, as depicted in Exhibit A.
c. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of the surrounding properties.
The City Council finds that the pro.posed alternative will not be detrimental to the public
welfaze or impair the use / character of the surrounding properties.
Exhibit D