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Education Campus Commercial MI 08-002ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 48 BOISE IDAH010117108 09:36 AM RECORDEDaiREQUEST OF ~~~ ~~~~~~~~III~rIiflllllllllllll ~ ~~~ MBridaln City 108115088 ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Joint School District No. 2, Owner/Developer ~T,his_' ^addendum is made and entered into this~~ day of~ ~eMt~ 2008, by and between CITY OF MERIDIAN, a municipal corpora 'on of the State of Idaho, hereafter called CITY, and Joint School District No. 2, whose address is 1303 E. Central Drive, Meridian, Idaho 83642, hereinafter called OWNER/ DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on 1999 as Instrument # 99050961 on the land described in Exhibit "A" ("Property"). B. CITY and OWNER/DEVELOPER now desires to amend the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended to delete any reference to cross access as follows: 1.4 WHEREAS, DEVELOPER has submitted an application for a~e~~~ rezoning of the Property described in Exhibit A, and requesting a designations of Lc~~ea~~~~~}~1-~ Neighborhood Business District (C-N~ Limited Office (L-O), and has submitted a site plan .. . 1.7 The Findings of Fact and Conclusions of Law were approved by Council on April 15, 2008 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY'S Zoning Ordinance T „ .,,-,o.,~;,-.,no~;ao.,+;°' ~u~„~;~o~ ~ o ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-002) EDUCATION CAMPUS COMMERCIAL PAGE 1 OF 5 ~~-2-4~9~8(B-}~~}fa~Neighborhood Business District (C-N) and Limited Office (I,_O), Municipal Code of the City of Meridian. 4.2 That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-4) Low Density Residential Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and Exhibit B - Findings of Fact and Conclusions of Law approved by the Meridian City Council on April 15, 2008. 4.1.10 All future buildings on the site shall comply with design standazds pertaining to architecture (i.e. facades, primary entrances, rooflines, pattern variations, and mechanical equipment), color and materials, and parking lots. Pedestrian walkways shall be reviewed during the Certificate of Zoning Compliance process to provide connection to E. Leighfield Wad :^rua~~R Le~eue: If the sidewalk crosses a vehiculaz driving surface, said pathway shall be distinguished from the vehiculaz driving surfaces through the use of pa~e~s~~~c~s~e~o~et°, °~~ striping. 4.1.11 Alldrive-thru establishments proposed in the C-N zoning district shall obtain CUP approval. 4.1.12 All drinking establishment uses shall be prohibited in the C-N zonin dig .strict. 2. That Owner/Developeragree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person(s) acquiring an interest in the Properly. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-002) EDUCATION CAMPUS COMMERCIAL PAGE 2 OF 5 provisions hereon 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 addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developerand City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, 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 second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within 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. 6. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-002) EDUCATION CAMPUS COMMERCIAL PAGE 3 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: JOINT SCHOOL DISTRICT N0.2 By: CITY OF MERIDIAN By: Mayor Tammy d Weerd Attest: ~,,,.• • • rF ; o cee L. olman, City Clerk S~~ y ~' q ,~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-002) EDUCATION CAMPUS COMMERCIAL PAGE 4 OF 5 STATE OF IDAHO ) . ss: County of Ada, ) On this a5~ day of 5ep~cw~Ioelr , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Li v-d a CI,U.y`k known or identified to me to be the person who signed this agreement and acknowledged to me that he executed the same on behalf of Joint School District No. 2. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •~~,1Ci:M~~~GI`1 ~~~, ~'; ~OTARp ~ 'y, a. . ~~~ ~~~ `' '. pUgL1G .. `~~TE OF 19 0,~~~ ° °A80°onceaarn-~s~, STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at: `~Y'awi . ~- My Commission Expires: 3-d17-09 On this ~~ day of ®C~O~ , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. . g,A M; 4, •. (SEAL) ~ ~ "~ ~~ ~ Notary Public for Idaho Residing at: ~p~~d . ~ ~„Q ~ 11~ ;c1~'~,, ~; ~: Commission expires: -~-I l-< • ~~ ~~ - IC~Q~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-002) EDUCATION CAMPUS COMMERCIAL PAGE 5 OF 5 Legal Description 1111s-H~ 1450 6~~AJumzerer'se Siihe ISO SUi~VEY M~ ~~ GROUP ate ~~ 94s.esTo Fsx (209) •l~$-5399 Novembm 3, 2007 DB9C1FZIpTiOIX 9'OR 1PBOFO~D >£~1UiCA'f1pN CAlNpUB 8[B9MBdON NO. Z Ixsts 1 and 2, Bloolc 1 of Eduoattan Campus. ~tbdivisiaa, am Ia Book lib of ae Page 9804, tooords of Act CQUOiy.Idallo, located !n t8a Nottlt iR of the SttsHtwe9t U4 ;of 88adam 3Z. Towasbip 4 North. ttaaga 1 East. B.M., Meridiaa~ Ada; Carmty IdehO, more Paidaulerly d~n'bad s$ follows: lComr4eltel~g~.eit• due Went L/4 earner of said Segi~ 32, from wh~h the 3ottthwegc coraor of acid 8eudga 32 Bear's South 00°3 l''04° West, 2656.3s faa0 T>aeace along rh+e Went >!na of said s~tton 3~ saalt oo°3iroa~ wort, 997a •i &ot; . Theatre depsrdn~ said ~~ line saum 89°38'44" 8t~1, 45.00. feet W 6 A~ 1y~6 ~ the E'est right of way of. N. I.OOUat Qto~a Rd.; said pobdt~g tiie Soathw~sf wsuet of I.at i, Hloclt 1 of salts Campus 3~ivislgn and theR6r1L P~OINT•OF23EGTNNIl1Tt3. Thsatae• along sedd Seta sight of way North' Ot3°3 i'04" 8as~ 305.48 feet ro a point • tho Sa~illtem, afway t-fE. Lalglt Field Dr.; Thaaoe slang the 3outham right of way ofsaid E. i~ei~h Field D;: the following ieourses• ~Tyhe~nc~e North 4p5~p°0~0'y00" >~ 49,Qa4 i~WIDF7 P7-JT'.7.1M 10.p- Thsatee 93.98 shat along the mt ofa tau-tsng~ust ctn've to tberi right, lea~vW,g a radios of 469,00 iset, s l angle of 11.~8'S1 "; end s lattg ohoad South 83°50'09" Lest, 93.82 feed; l~o010631 feet etlaag the arC of s 1tor~tsageAt cNCVe to the ~ h$vis-g a radius of 590.50 feet, a oe~al Mpg1c of 11 °28'54"., sod's long' oltard'hearh~g ~ouih 83°Sd09° East; I06.13 tie~• • •T~tco south 83°~4~5"East, 623.78, feet; 'ilmo~e 2$T,93. i'em along BEe snc of a ~~ro the tjgld, having' a radius of 274.5.0 a oea0ral 'angle of 60°05'56", and a lpu~ ehard~>i~ag South 59'31`37" East..274.91 Professiattal Lend SWPaeXor.~s The~uce Souuh 25-01~8'40" Fast, 32b.99 Thence 129.7,8 foal along the •m'C of a non-tangeid. curve tp ~ Xel#, having ~a :adlue of 329.00 fat, a central angle 0'22°52'47°; and a lamg chard Ding Sanr,.h 40°SS`02"Bast, 128:92 feat to a4.~le Foiat.cnmmaAn vwltb t11s Noztdiwest b~•of Seth Cove'Su~division, as Bded in Book 94• bf Plats atPige 11436..recocds ofAda Co~mty, Idahory Theacr along the bouuda<y common to salid Setbu Cave Subdivision and said, I;ot 2. BTobic 1 the follow~nrg cbm~ses: Thence South 37°38'37"west,l2$,2S feet; Thence South QO°30'18° West, 301.09 fad to.apoint lyipg oa rice Southerly bouudaty of sand I,ot 2; Bloch 1 and tha`Not'tham bous~y of Suonmerfield Snbdivis~ N6.3, as 81ed in Book 69 ofJ?Lsts ai Pagri 7047. repords of P1ila C.auuty, idalw; Tbence'alang tiro boundary commoq to said L,ot 2, Bloolc 1 and aid. 6iuanaerf,~eld 'S~abdivlaioa No. 3 and Stnpaterfiald 5ol~divisigg No. 2. ae i9J~ is Hook~69 of 1?'lats st Fage 7039 rocot'ds of qda County, Ida, ]~ortb 89°38'40" Wtat,,1,279.25 fcot to tlu' POINT OF BH(31NNIIV4, Caataining 25.87 acres. more or 1~. . Prpparad By: ~Z~ Steven T. Haug, PIS ~,Q~~~ 1450 EasiWstertav~er~3t SURVEY Sulte }ge' t~ter~an,la~ a3eoz• GRC)UP Phone (248 BUi~857Q e~ R~18~-3aa9 Novet;tbar•9,3007 . DB6CRfPTION FOR L.-0 Z01~1E .PBO]POSI® IyDUCATION C~llYIPUS SUI3DIIVISION N0.2 A portion of Lots 1 dt 2, Block 1, end Eft L,e#gh Hold Drive rlght~f-way, of.Ednc~tiaa C.ampua Snbdivlslon, ~ 81ad far ~d in Hook 86 of Plats at Page 9844, recorda of Ade Cowriy,. Idaho, ansl also~a portlon oFNortb Locust Qrove Road ri@{ttt-of•~way, t~aiag ]ocaled.jatha ItJorth'~i of tbo SW' l of Section 32, Township 4 Norfli, Range ; F~iat,13.M., Meridian. Ada Canrity. Idaho, and maaepasticularlydascrilud as follows: Commeaaing at the Went y. aar~r of safd Section 32. themam along the west boundatiy of the S W '/. of sold Secdon 3~ South 00°31'04" West, 318.77 feat to the REAL POI1r1T QF BI~~INNA~IG. y'hence 3onth 89°38'4(1"Past, 433.73•feet; thence North 00°z 1'20" East, 2G7.76 hoot W a point oa the eanterline of East L• sigh Fkld Drive; 'thence along mid centerline: thanoe South 89°34`3S" F.as;,'483.39faet'to.apolnt afdtavat<n~ tbenco.314,66 fed. along tba era of a curve to tha.righ>; Bald curve having a radius cf 300.00 feat, a delta attglo of 60°:OS'S3'~, aAd along chord beating South 59°3I'3T' Eea1, 300.45 Feet to apoirzt of tangency; thaaoe 8'cath 29°28.40" Eost, 3,2.7.2 Feet to a point of curvauue; tbtenoe 1 I9.4i feat along the ace of a adiwe tb the lest. said curva'baviag a radius of 300.00 feat. a delta angle of?Z°47'29", and along cha}d bring Sotdlt 4b°•52'25"'East,118.SS Tlteax leaving mid cea~ne Saudi 37°38'3T' ~t!est.151.60 foes; 7'haitae South 00°30' 1$° yVesz, 301.09 feet 11~e North 89°38'RO'" Weai,1327.?5 foot oo a point on tho went twtmdary atrtbe •S W '/ of said Section 32; Pro.~isafodal I.o~d SWrvayor.x T4tmoe along eafid West Y North Ob'31'04"Bast, 678.34 feet to the POINT OF B~aINN1NG. Coatainiag x3.13 aores~ more or teas. $Y~ Idaho Stuv~ey C}YOUp, P.6. Stcvan T. Haug, PL5 vu av NEfit G +D~H~ 1450't'aacdVataraowar3c Sidte'154 SURVEY N'~'° ~~'~ GROUP ,~~ e,s-ssm ~Jd~ QY4-5399 No'vertrber 9, 2007 DElBCRIP'CIOM FCR C-N,ZR~NE PROP08F.[? EDUCATION CAgI~UB Bt1BOMS(ON N0.2 A Portion of Lets 1 $•$, Block 1, end East Leigh Fl~{d t7rnre right-pf-way, of Educatlat Gartrpus Sutidivlsion, 8s tiled for record in eoak•88 of Ptatm at,Pede 9804, records of Ada Cocmty, taaho, and also a pgrtlon ofNorth Loouat C3rava Road dpht-of~ray. being located In the Nartlt ~ of tt-e SW Y. of 3ec4iort 32, Tawnahlp 4 North, Range 1, Eaat,~B.M., Meridian, Ads Ctfunty, Idaho, attd mere partlatlarry' dewed ~ follows: commendn® at the W~ae 4i. oom+sr of said sedron 32, ~thenoa slang the weal boundary of the SW Y. of setld Sedbn 32.South 00.31'04" West, 30.6Q feet4o s.polnt on the canteribre of East Leigh Field Drive. the RLAL POINT Ol=13F.CtMIN1NO, Thence along said centettine: tltence South 89°94'3S" E.as}, 93,61 Peet W a point of cuNature; tjrenoe 88.09 feet along the arc fit a curves to the fight, said curare having e ntdius of 494.50 feet, a delta angle of 11 °28'53°, and a tong chord bBetlnQ South ~°50'09' Fast, 913.92 feet bo a poiN ot•revenaa curvature; thence 101.19 feet along tit®arc of a curve ta.fhe left,a~d autve having a radius of 806.00 teat, a delta angle gf 11 °28'f'~.", and a tong chord bearing South 83°80'09' ~t,101.03 feet to 8 polrrt of tangency; thenoes Sou6t 89°34'3$" Etelst, 140,39 feet; Thence terivirrg skid oentArlina South 00°21'Z0" Weals 287:7®faet; Tf'wnce North 88°38'40" West, 433.79 teat to a paint orF tits west boundary of the SW v. of said Sa+~n ~; Proiassfori.a! i.oe•d Surveyors il-~rtr~ alo~:sald~ Wit boundeiry North OQ°31'04' Eeat, 288.28 feet to the POINT OF b~f31NNiN0. Ccrgainina 2.76~ecrea, mom cr IOes, ' Prapel~d Hy: Steven T. a~- sr U~ " ' m~~ou-a P.u9uc YypR9t3 ~• Ida4e Survey C3mu,P, P:C. R~CEIVEI? APR 0 7 2008 City Of Meridian City Clerk 0~ffi.ce CITY OF MERmrAN E~ ID~AN~~~ FINDINGS OF FACT, CONCLUSIONS ~ ~ . ,. OF LAW AND -. r . ~ s ~ ~, DECISION & ORDER In the matter of Rezone of 27.89 acres from the R-4 (Medium Low Density Residential) zoning district to the C-N (Neighborhood Commercial) (2.75 acres) and L-O (Limited Offii ce) (25.14 acres) zoning districts; Preliminary Plat approval of 7 commercial building lots on 25.87 acres; and Modification of the existing Development Agreement to remove the restriction for education type only uses on the site, for Education Campus Commercial, by Joint School District No. 2. Case No(s). RZr07-021, PP-07-025, MI-08-0OZ For the City Council Hearing Dates of: March 4, 2008 and April 1, 2008 (Findings on the April 15, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 4, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 4, 2008, ' incorporated by reference) 3. Applicaliun and Property Facts (see attached Staff Report for the hearing date of March 4, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 4, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," modified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. . CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-021, PP-07-025, MI-08-002 -1- 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Conditions of Approval, and the Development Agreement provisions, all in the attached Staff Report for the hearing date of March 4, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applit;aul shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Rezone request frum R-4 to L-O and C-N as evidenced by having submitted the legal descriptions and exhibit map (attached in the Staff Report for the hearing date of March 4, 2008, incorporated by reference) stamped by Steven T. Haug, PLS, dated November 9, 2007, is hereby approved; 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 11/8/07, prepared by Engineering Solutions, is hereby conditionally approved; 3. A modification to the existing Development Agreement is approved and shall include the provisions noted in Exhibit A.4 of t1tC attached Staff Report for the hearing date of March 4, 2008, incorporated by reference; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 4, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration CITX OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-021, PP-07-025, MI-08-002 -2- Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to 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 final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for prcliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (l 8) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedwe again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will tall the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adverscly affcctcd by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter _52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 4, 2008. CI'T'Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-021, PP-07-025, MI-08.OOZ -3- `"" rr ,, B action of the Ci Council at its re ~~ y ty gular meeting held on the ~J day of ~T_~ , 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCII, MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCII, MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) ~~ ~~~~~~T~ Attest: `~~~ ~~ 0 = S]~AL aycee loran, City Clerk ~' ',, ~, r VOTED VOTED VOTED VOTED VOTED Wccrd Copy served upon Applicr~,nt, The Pla{ffri~g~~p~ient, Public Works Deparanent and City Attorney. By~o ~ Dated• 4• (~7'~£~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-021, PP-07-025, MI-0B-0OZ -4- CITY OF MER1DlAN PLANNING DEPARTMENT STAFF REPORT FOR THE H FARING DATE OF MARCH 4, 2008 STAFF REPORT HEARING DATE: March 4, 2008 (Continued to April 1, 2008) a *j TO: Mayor & City Council ~ .I~If">41 ~1 FROM: Sonya Wafters, Associate City Planner ' ~•~ a't~Y ~' • (208) 884-5533 SUBJECT: Education Campus Commercial • RZ-07-021 Request for Kezone of 27.89 acres from the R-4 (Medium T.ow Density Residential) zoning district to the C N (Neighborhood Commercial) (2.75 acres) and L-O (Limited Office) (25.14 acres) zoning districts • PP-07-025 Request for Preliminary Plat approval of 7 commercial building lots on 25.87 acres in proposed C N and L-0 zoning districts • MI-08-002 Modification of the existing Development Agreement to remove the restriction for education type only uses on the site Note: Since the time the RZ & PP application was submitted and heard by the Planning & Zoning Cummiasioa, the applicant submitted a request for a Development Agreement modification (!Va). Staff has provided additional analysts and revised the report to reflect the MI application. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joint School District No. 2, has applied for a Rezone (R~ of 27.89 acres from the R-4 (Medium Low Density Residential) zoning district to the C-N (Neighborhood Commercial) (2.75 acres) and the L-O (Limited Office) (25.14 acres) zoning districts. A Preliminary Plat (PP) is also proposed for 1 neighborhood commercial-zoned building lot and 6 office-zoned building lots. The proposed plat is a re-subdivision of Lots 1 and 2, Block 1, of Education Campus Subdivision. A Development Agreement modification (Mn is also requested to remove the restriction for education type uses only on the site to allow for office and retail uses, along with education uses, as permitted in the UDC per the approved zoning district. The site is located on the southeast corner of N. Locust Grove Road and E Leigh Field Drive, approximately ~/z mile north of E. Ustick Road. There are currently two charter high schools on the site, an alternative school, and •an azea leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as a fire safety teaching facility. A portion of the remaining vacant area was planned for much-needed new administration offices for the District. When the former Jabil facility (on Central Drive, north of the freeway and west of Locust Grove) became available, the District was able to buy the facility at a favorable price, rendering the subject land of this proposal surplus for the District. For this reason, the applicant is proposing to rezone and plat the property to make the• lots more marketable for sale. Approval of a Development Agreement modification would allow the surplus property to be developed with uses other than education type uses, as allowed by the zoning district in the UDC. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 1 CITY' OF M1:RiD1AN PLANNING DEPARTMENT' STAFF REPORT FOR THB HEARING DATE OF MARCH 4, 20U$ 2. SUMMARY RECOMMENDATION The subjcct applications (RZ, PP, & NLQ were submitted w the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone, Preliminary Plat, and Development Agreement modification applications. Staff is recommending approval of the proposed Education Campus Commercial application (RZ-07-021, PP-07-0a5, & MI-08-002) with the conditions listed ~ 3n Exhibit B of the Staff xeport. The Meridian Planning & Zvnins Commission heard the RZ and I'P items on January 17.2008. At the u li ria the moved to recomm nd a royal the sub ect RZ and PP re est. a. Summa ry of Commission Pabllc Hearing: i. l:n favor: Shari Shcec. Engineering Solutions [Applicant's Representative): Wendell Bigham (An»licant) ii. In o osition: None iii. Commenting: John Coartwright iv. Written testimony: None v. Staff presepting a,~plication: Sonya Wattera vi. (Jther staff commentine on application: None ~ Ke Issu s of Discussion b ommission: 1. None ~ n Staff Recommends 'on: i. Strike Public Works comment #2.3 pertaining to the provision of a 20-foot wide common lot for water/sewer mains oatside of the public right-of--way. ii. Strike Public Works comment #Z.6 in Exhibit B pertaining to existing structures being removed prior to signature on the final plat. ~ Outstanding xssue[s) for City Council: i. The applicant is requesting a Development Agreement modification to remove the restriction for education tvae uses only on the site (see Exhibit A.41. Education Campus Commercial itL-U7-0ll YP-U7-U25 MI-US-UU2 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 ~r The annron riatenees of ad ition 1 office uses ~ th is area (designated for Neighborho od Center n,gesl in addition to exi n of6 on th w ct side of 1 •D 114t Grov e: _..._ ~ The reani_re ment of a for fnt~re drive-t rL n ses and the pro ibitio n of dn~ es ab is m nt uses in the ('-N district _ _ ~ g ev CoLnc'1 h ap es rn StafflC' a~ssion Recomme ndation i. Mod_H'y Dev Exhibit A.4. ii elopment A Bement provision #4.1.10 provision #4.1 ~ni• ac rearrested by the annlicant_(se4 . fltture drive iul. Add Develo -thru estab is menu n the (;-1V ~o in n~ment Agreement provision flee E ~di. triet to obt in CUP approval• xhibit A 4 nrovisi_on#4.1.121 for d 'nkinu .st ab ishm nts to h a nrohib ed ns in he -N o in distri 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 021, FP-07- 025, and MI-0S-002, as presented in staff report for the hearing date of March 4, 2008 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 021, PP-07- 025, and MI-08-002, as presented during the hearing on March 4, 2008 for the following reasons: (You should state specific reasons for denial. You should state what the applicant could do to gain your approval of the RZ & PP in the future.) Continuance I move to continue File Numbers RZ-07-021, PP-07-025, and Nll-(?8-002 to the hearing date of (insert continued heazing date here) for the following reason(s): (You should state specilxc reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/L.ocation: This site is located on the southeast corner of N. Locust Grove Road and E. Leigh Field Drive, approximately % mile north of E. Ustick Road. Parcel No.'s: 82122110100 and 82122110200 SW % of Section 32, Township 4 North, Range 1 East b. Owner: Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 c. Applicant: Same as Owner d. Representative: Becky Mcl~ay, Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Education Campus Commercial RZ-07-021 PP-07.025 MI.08-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 e. Present Zoning: R-4 (Medium Low Density Residential) f. Present Comprehensive Plan Designation: Public/Quasi-Public g. Description of Applicant's Request: "Joint School District No. 2 (District) hereby applies for the rezoning of 2.75 acres from R-4 to C-N and 25.14 acres from R-4 to L-O with a preliminary plat for 71ots ...Required sidewalks and landscaping are already in place. The preliminary plat provides for one neighborhood commercial lot and six limited office lots. No variances are being requested as part of this application. The land currently has two charter high schools on the site, an alternative school, and an area leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as afire safety teaching facility. A portion of the remaining vacant area was planned for much- needednew administration offices for the District. When the former Jabil facility (on Central Drive, north of the freeway and west of Locust Cirove) became available, the District was able to buy the facility at a favorable price, rendering the subject land of this proposal surplus for the District. Rezoning of the property is necessary to secure entitlements, making the lots more marketable." The applicant is also requesting a Development Agreement modification to remove the restriction for education type uses only on the site to allow for office and retail uses, along with education uses, as permitted in the UDC per the approved zoning district. (See Applicant's letter for more detail.) 1. Date of Preliminary Plat (attached in Exhibit A): 11/8!07 2. Date of Landscape Plan (attached in Exhibit A): 1/21/03 S. PROCESS FACTS a. The subject application will in fact constitute a Rezone as determined by City Ordinance. $y reason of the provisions of UDC 11-SA-2, a public hearing is required before the Co~nission and City Council on this matter. b. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a Development Agreement modification as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: December 31, 2007 and January 14, 2008 (Conunissiou); February 11, and 2s, 2008 (city Council) e. Radius notices mailed to properties within 300 feet on: December 21, 2007 (Cuuuuissiun); February 8, 2008 (City Council) f. Applicant posted notice on site by: January s, 2008 (Conunissiun); February 23, 2008 (City Council) 6. LAND USE a. Existing Land Use(s): There are currently two charter high schools on the site, an alternative school, and an area leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as a fire safety teaching facility. Education Campus Commercial RZ-07-021 PP-07.025 MI-OS-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 b. Description of Character of Surrounding Area: The general area surrounding this site consists primarily of residential uses, with a few commercial uses (zoned C-N and L-O) to the west acroQ~ Locust Grove Road. c. Adjacent land Use and Zoning: 1. North: Single-family residential properties, zoned Rl in Ada County 2. East: Single-family residential properties in Setter Cove Subdivision, zoned R-4 and Joint School District property, zoned R-4 3. South: Single-family residential properties, zoned R-4 4. West: Commercial properties (offices), zoned C N and L-O, and a rural residential property, zoned RUT in Ada County d. History of Previous Actions: • This property (40.55 acres) was annexed by the Joint School District No. 2 in 1999 with an R-4 zoning district designation. A Development Agreement was required and recorded as part of the annexation (instrument No. 99050961). A provision of the Development Agreement states, "That the subject annexation and zoning be limited to school education use and specifically exclude residential subdivlsione." The applicant is requesting a DA modifacation as part of this application to remove the aforementioned restriction. • A preliminary plat (PP-02-023) was approved irl 2002 that included 2 building lots, one other lot, and a new public road on 39.23 acres of land in an R~ zoning district. • A conditional use permit (CUP-02-035) was also approved iu 2002, with the plat, for the development of a new elementary school, 2-3 new charter/professional high schools, and a school district administration building, in an R-4 zoning district. • A final plat (FP-02-026) was approved in 2002 for 2 building lots and 1 other lot on 39.23 acres in an R-4 zoning district. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: E. Leigh Field Drive Location of water: Three existing 8 inch stubs from a 12 inch line located in E. Leigh Field Drive Issues or concerns: None 2. Canals/Ditches Irrigation: NA 3. Hazards: None known 4. Proposed Zoning: NA 5. Size of Property: 27.89 acres f. Landscaping 1. Width of street buffer(s): A 25-foot wide street huller is required along N. Locust Grove Road; a 10-foot wide street buffer is required along E. Leigh Field Drive. All street buffers shall be constructed per the standards listed in UDC 11-3B-7C. 2. Width of buffer(s) between land uses: A 20-foot wide buffer to adjoining uses is required along the south and east property boundaries adjacent to existing residences, in accordance Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 with the standards listed in UDC 11-3B-9C. 3. Parking Lot Landscaping: Internal parking lot landscaping is required with future development of the commercial lots. Landscaping will be reviewed for compliance with the standards listed in UDC 11-3B-8C with each individual Certificate of 7,oning Compliance application for future buildings on the site. g. Off-Street Parking: NA (O, f, j`~street parking wild be reviewed at the time, of Cerxificate of Zoning Compliance application for each future building on the site.) h. Summary of Proposed Streets and/or Access: Access to the site will be provided from E. Leigh Field Drive, an existing public street. Direct access to N. Locust Grove Road is prohibited except for the existing driveway to the school that aligns with E. Heritage Park Street on the west side of Locust Grove Road. There is one existing north/south internal driveway to/from E. Leigh Field Drive and one existing east/west internal driveway to/from N. Locust Grove Road that provides access to the charter high schools and the alternative school. For addressing purposes, Staff is requesting that the existing driveways be converted to private streets (see comments and conditions stated in Section 10, Analysis, and Exhibit B of this report.) 7. COMMENTS MEETING On December 28, 2007, a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks bepartment, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. The Applicant is proposing to rezone the property to L-O (25.14 acres) and C-N (2.75 acres). Public/Quasi-Public areas are defined iu the CumprCher~sive Plan as follows, "Areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors. This category includes churches and public lands (excluding parks and schools) within the Area of Impact. Upon redevelopment of such properties, a change in designation and use may be appropriate. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, .the location of the property, and transportation issues associated with the proposed development of the property. The appropriate land use designation and accompanying zoning for these arena will be determined by City Council on a case by case basis." Staff believes that the proposed L-O and C-N zoning is appropriate for this property and complies with the Public/Quasi-Public land use designation for the following reasons: 1) a large portion of the site is utilized by the school district (20+/- acres) and only a small portion may be sold off and redeveloped (6+/. acres). The primary use of the property as an education campus complies with the public/quasi-public land use designation; 2) education institutions are a principal permitted use in the proposed L-O and C N zoning districts; 3) the properly is located on Locust Grove Road, as arterial street, at the half mile, which generally is a good location for commercial businesses; and 4) light officeJcommercial uses 'would be compatible with the existing education campus and commercial (office) uses across the street on the west aide of Locust Grove. Staff finds the following Comprehensive Plan policies to be applicable to this .property and apply to the proposed development (staff analysis in italics below policy): Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 6 CITY OF MERIDTAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is already within the corporate boundaries of the City and the existing buildings are already serviced. The City of Meridian plans to provide municipal services to the lands proposed to be developed in the following manner.• - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. - The subject lands are currently servdced by the Meridian Schuul District No. 2. Thds service will not change. - The subject lands are currently serviced by the Meridian Library District. This service wild not change. • Require all commercial and industrial businesses to install and maintain landscaping (C;hapter V, Goal TII, Objective D, Action 3, page 43). Internal parking lot landscaping will be reviewed with each individual C.ertifzcate of Zoning Compliance for future buildings on the site. All internal parking lot landscaping must comply with the standards listed in UDC 11-3B-8C. • Require appropriate landscaping and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.) (Chapter Vll, Goal IV, Objective D, Action 5, Page 114) The required street buffer landscaping along Locust Grove Road and E. Leigh Field Drive was installed with the previous plat. Staff has reviewed the landscaping depicted in these buffers on the landscape plan and found it in compliance with the standards listed in UDC 11-3B-7C. However, there is a small section along Leigh Field, south of the Fire Department teaching facility where there is no street buffer. Staff is recommending that the applicant install a street buffer in this location (see Section 10 Analysis below for more information). • Plan for a variety of commercial and retail opportunties within the lmpac;l Area (Chapter VII, Goal I, Objective B, Page 109) Staff believes that the proposed office and commercial Lots will complement the existing education campus and existing commercial uses across Zocust Grove Road. The proposed commercial use of a portion of the property will also provide a variety of commercial opportunities in this area of the City. • Encourage compatible uses to m;n;m;~e conflicts and maximize use of land (C.hapter VII, Goal TV, Page 112) Staff believes that the future office and commercial uses will be. compatible with the existing education campus to the south and east and the C-N zoned properties to the west across Locust Grove. The residential properties to the north of the property proposed to be zoned L- Oand C-N will be buffered by E. Leigh field Drive and a IS foot wide landscape strip. The proposed L-O and C-Nzones are the least intense of the four commercial designations, which Education Campus Commercial R2r07-021 PP-07-023 M1-08-002 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 will limit or require conditional use approval of certain more intense uses adjacent to the neighboring residential properties. The Commission and Ciry Council should determine df the proposed L-D and C-Nzoning districts and existing and proposed use of the property comply with the Publte/Quasi Public land use designatdon for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: UDC Table 11-2B-2 lists the principal permitted, accessory, and ecmditional or prohibited uses in the L-O and C N zoning districts. The current use of the property as an education campus is a principal permitted use in the proposed L-0 and GN zoning districts. Please see UDC Table 11-2B-2 for a complete listing of allowed uses in the proposed L-O and C- Nzoning districts. b. Purpose Statement of the Commercial Districts: Per UDC 11-213-1, the purpose ofthe commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. ' 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. REZONE (RZ): The applicant is requesting to rezone the subject property from R-4 to L-O (25.14 acres) and C N (2.75 acres). There are currently two charter high schools, an alternative school, and an area leased by the Fire Department as a fire safety teachiwg facility. When this site was originally annexed, the school district planned to build administration offices for the Joint School District on the property. Since that time the District obtained the old Jabil site where the administration offices are now housed. Because the District now has surplus property that will not be used as planned, the District wishes to eventually sell-off that portion of the property, The District believes that rezoning the property is necessary to sure entitlements, making the lots more marketable. UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. Staff does not believe that a new DA is necessary in this fnstance as there is a concurrent plat application on which conditions of approval may be placed pertaining to future development of the property. However, the applicant is requesting approval of a modification to the existing DA to remove the restriction for educa~lon type uses oNy on the site to allow uses allowed by the UDC in the proposed L-O and C-N zoning districts (see below for more information). If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. Based on the policies and goals cautained in the Comprehensive Plan and the Future Land Use Map designation of Public/Quasi-Public and the primary and current use of the property as an education campus, Staff believes that the requested L-0 and C N zoning districts are appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone and Section R shove for more information pertaining to compliance with the Comprehensive Plan. The rezone legal descriptions submitted with the application (stamped on November 9, 2007 Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 by Steven T. Haug, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. The applicant did not submit a conceptual development plan or building elevations depicting how the northern portion of the property may develop in the future with the rezone application. The applicant states that they do not lalow how the property may develop if it is sold but envisions one structure on each of the lots depicted on the plat as Lots 3, 4, and 9; Lot 5 may possibly redevelop in the fiiture after the lease is up with the Fire Department for the fire safety teaching facility. Sta„~'is not requiring the applicant to submit a concept plan because of the size of the proposed 1oLc [I.S-2.2 acres nr 64,641-95, 692 sf. (the lot the fare department is leasing is 4.3 acres or 186, 754 sf.J and the building size limitations in the L-O and C-Nzoning districts. The maximum building size without design standard approval in the L-O district is 10, 000 square feet una! 7, SOD square feet in the C 1V' district. if a structure over the aforementioned square footages is proposed, design review in accordance with the standards listed in UDG 11-3A-19C will be required. 2. PRELIMINARY PLAT (PP): The Applicant is requesting preliminary plat approval of 6 commercial office building lots and 1 neighborhood commercial lot on 27.89 acres of land in proposed L-0 and C-N zoning districts. The preliminary plat was prepared by Engineering Solutions, dated 11/8/07, labeled as Sheet 1 of 1 PRE. Dimensional Standards: This site is required to comply with the dimensional standards of the L-O and C-N zoning districts listed in UDC Table 11-2B-3 as follows: E~lsting Structures: The site currently contains two charter high schools, an alternative school (in portables), and an area leased by the Meridian Fire Deparirnent and the Meridian Kuril Fire Protection District for use as a fire safety teaching facility. All existing structures are contained within lots and comply with dimensional requirements of the L-0 zone. Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 Sidewalk: A 5-foot wide detached sidewalk currently exists on the subject property along N. Locust Grove Road and E. Leigh Field Drive. The sidewalk along Locust Grove shaD be placed within a pablit pedestrian easement depicted on the final plat. The sidewalk along Leigh Field is currently depicted within a 40-foot wide sidewalk easement on the plat. Landscaping: The applicant has submitted a landscape plan, dated 1/21/03, prepared by Leatham Krohn-VanOcker Architects that depicts the existing landscaping on the site that was installed with the previous plat. The Staff has reviewed the following items for compliance with current UDC standards: - Per UDC Table 11-2B-3, a 25-foot wide street buffer is required along N. Locust Grove Road, an arterial street, and a 10-foot wide street buffer is required along E. Leigh Field Drive, a local street; these hullers were installed with approval of the previous plat application. Staff has reviewed the landscaping within these buffers and found it in general compliance with the standards listed in UDC l 1-3B7C. However, there is a smaD section of street buffer along Leigh Field, south of the Fire Department teaching facility that is missing. Staff is including as a condition of approval that this baffer shall be installed per the standards listed in UDC 11- 3B-7C. Said buffers shall be on a common lot or on a permanent easement maintained by the property owner or business owners' association. The street buffer along Locust Cnove is depicted within a 35-foot wide landscape easement; however, the street buffer along Leigh Field is not depicted within a landscape easement. Staff is including a condition of approval thabthe street buffer along Leigh Field be placed within a minimum 10-foot wide landscape easement depicted on the final plat. Note: The landscaping within the Locust Grove street buffer south of the driveway to/from Locust Grove Road is not included on the landscape plan; however, staff has visited the site and the landscaping has been installed per the standards listed in UDC I1-3B-7C. - Per UDC Table 11-2B-3, a 20-foot wide buffer to adjoining uses is required in the proposed L-O and C N zoning district adjacent to residential uses. The south and east property boundaries abut existing residential uses; the buffer along the south boundary was installed with the previous plat and complies with current UDC standards. The required buffer along the east boundary is not depicted on the landscape plan. Staff is including a condition of approval that a 20-foot wide buffer be installed along the east property boundary in compliance with the standards Dsted in UDC il-3B-9C. - Include landscaping for the street buffer adjacent to Locust Grove Road, south of the driveway to the Charter High Schools that aligns with E. Heritage Park Street. - Parking lot landscaping in compliance with the standards listed in UDC 11-3B-8C will be required and reviewed with each Certificate of Zoning Compliance for future building on this site. - A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Departrnent prior to issuance of any Certificate of occupancies fur this site. All standards of installation should apply as listed in UDC 11-3B-14. Eduction Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 Other than the aforementioned items, landscaping on this site complies with current UDC standards. Fencing:,There is existing fencing along the south and east property boundaries adjacent to existing residences. No new fencing is proposed or required with this application. However, temporary fencing to contain debris during construction shall be installed around the lots being developed prior to release of building permits. Cross Access: Across-access easement for lots within the proposed subdivision is not depicted on the preliminary plat. Staff is inclading a condition of approval that cross- access be provided to aII lots within the subdivision. A note depicting cross-access for all lots should be added to the face of the final plat. Pressure Irrigation: The City of Meridian regwires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. if a single- point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. >iuilding Elevations: The applicant bas not submitted conceptual building elevations of what future cammercial structures on the site may look like because it is unknown who the future tenants/owners will be. Nor have design guidelines been submitted for future structures on the site. To ensure a minimum design standard, staff is recommending as a provision of the Development Agreement that all future commercial buildings on the site comply with current design standards pertaining to architecture (i.e. facades, primary entrances, rooflines, pattern variations, and mechanical equipment), color and materials, and parking lots. Further, staff is recommending that a minimum 5-foot wide sidewalk be provided from the sidewalk along Locust Grove to the main building entrance of structures on lots that abut Locust Grove. If the sidewalk crosses a vehicular driving surface, said pathway shall be distinguished form the vehicular driving surfaces through the use of pavers, colored or scored concrete, or brlclss. Private Streets: The applicant is not proposing private streets within this development. To enhance the safely of the development, fur addressing purposes, the Fire Marshall, along with Planning staff, is requesting that a private street to/from 1v. Locust Grove Road to Leigh Field Drive be provided. The current driveway to/from Locust Grove should be converted to a private street and should connect to Leigh Field Drive in either it's current or future location. The Applicant should submit a Private Street application to the Planning Department for staff tevet approval prior to or concurrent with the final plat application (see condition of approval in Exhibit B). Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. Education Campus Commercial It2-07-f121 PP-07-025 MI-08-002 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and.approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (2e7 feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an altematave pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed In addition, if a curb exists next to the drive aisle, it shall be painted red. Certificate of Zoning Compliance (CGC): A CLC: application is required to be submitted to the Planning Department for approval prior to issuance of building permits for future building on this site. The applicant should submit revised plans that comply with the conditions of approval listed in Exhibit S of this staff report, with the CZC application. All improvements must be installed prior to occupancy. 3. DEVELOPMENT AGREEMENT MODIFICATION (MI): When this property was annexed in 1999, a Development Agreement (Instrument No. 99050961) was entered into between the City of Meridian and the Joint School District No. 2. A provision (see existing provision #4.1.10 in Exhibit A.4) of the DA states, "That the subject annesadon and zoning be limited to school educational use and speeifically •ezclade residential subdivisions." The applicant is proposing to rezone the subject property to L-O and C N for future sole and possible redevelopment of the lots on the northern portion of the site for light office and commercial uses. In order to develop these lots for any use other than a "school educational" use, a DA modification is required. For this reason, the applicant is requesting approval of a DA modification to remove the restriction for education type uses only on the site. Because conceptual building elevations were not submitted with this application for the future commercial structures on this site, staff is recommending a provision (see #4.1.10 in EaWbit A.4) be added to the esiating DA on this site as follows: "AII future buildings on the site shall comply with the design standards pertaining to architecture (i.e. facades, primary entrances, rooflines, pattern variations, and mechanical equipment), Education Campus Commercial RZ-07-021 PP-07-OZS M1-08-01)2 PAGE 12 CITY OF M ERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 color sad materials, and parking lots. AddlHonally, a minimum 5-foot wide sidewalk shall be provided from the sidewalk along Loenst Grove to the main building entrance of all structures on lots that abut Locust Grove. ff the sidewalk crosses a vehicular driving surface, sand pathway shall be distinguished form the vehicular driving surfaces through the ase of pavers, colored or scored concrete, or bricks." Staff believes that this is necessary to ensure that fature buildings on the site develop consistent with the City's minimum design standards. In addition to the two DA changes mentioned above, staff has included in Exhibit A4, a comprehensive list of all of the current DA sections that should be amended for the Joint School District #2. b. Staff Recommendation: Staff recommends approval of the subject applications (R7r(17-(121, PP-07-025, & MI-0$-001) based ou the Findings listed in Exhibit D and the conditions listed in Exhibit R of this Staff Report for the hearing date of March 4, 2008. The Meridian Ylanning_& Coning Gommfssfon heard the 1SG and PP items on January 17.2UU8. At the aublic hearing then moved to recommend approval of the sabiect RZ and PP repues~ T.Ib~ 11. E~i~ITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Preliminary Plat (dated: 11/8/07, labeled as Sheet 1 of 1 PRE, prepazed by Engineering Solutions, LLP) 3. Landscape Plan (dated 1/21!03, labeled as Sheets L1.1-L1.3, prepared by Leatham-Krohn- VanOcker Architects) 4. Requested Modifications to Development Agreement B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 A. Drawings 1. Vicinity/Zoning Map >rxhibit A CITY OF MER1DlAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF MARCH 4, 2008 2. Preliminary Plat (dated: 11/8/07, labeled as Sheet 1 of 1 PRE, prepared by Engineering Solutions, LLP) ~raarM--.~.,.,.~. P~4etl1liY ~.~~ eau y!~ ~ ~ ~o~YHM +... ~w~w i ~ wawer~ ..~. ..e.. _..... "' .u~ rn~r ~` r t--~'~ '.tia R~ er ,e~~rt~ Yi 7W» _ 'ice "...+~ ~ ,•1 ~~ :1. . ~ ar 2 / gy t~ t• a •' ~, ~~~ iii,,, ,... , p c~ t.1 ', ;r ~?' • 4•w ~~ ~• ~a i ..~'. y.8 1~ reswvw yy.. L iTMA`~ e ~ ~.,~ ~ ;~ .~ r ~ ~ / .~ / ~ T nc•r a 4YN~y~~ Y~ ..w~ ~ ~~' F.'a .. ~, 1 ~ ~ .~ i ... .w ' +~ ~ ~ ~ L I , N~ ~~ y p„ ~ ~ ~f ~:r • -' „ . 'AwtJS.e spy ~~ teew A• ~ A M ~ Y ~ C~~ ...o... a~Mi'CyL` •......a .. ~~~~ ~t~ ,~ ~is E ~ti~, Ui i wam 4i~ :~' ~~ ~..~. PRIM r _ F ~ = W L ~ ~ ~ w.,.. ~ ~ ~; ^~~ ,~ e1PM M-Aeia- . ,rrr .. rra..,r...• ~ +a.~-.~.`.~.~~ ~.~w~i ~w ~ ewaiM: ' ~_ wr w..wsw~r w~.Me~. o ..~~ =w a • .eer ue a oew MaMM M ~ ^~tl ~ a0t as Iii laYili • Y~e~ V~p Ynf` o bM+M Mw• uww.M.a r. ~ taw war a.~mw Iv1.~waYYO~ Mvre_a TeM~ A p •. a s~wn~s. Mr Mww M ~S n w .ewwwrw j ~ eeraoo«r. .ra wea r.. ~py} f 8 ~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 3. Landscape Plan (dated 1/21/03, labeled as Sheets Ll.l-L1.3, prepazed by Leatba~Krohn- VanOcker Arcbitccts) ~a a „ ~p ~~ ~~~~ ~~ >~ ~ te~o ~ ;j,! s ~~ r~~: ~~ ~~s ~:...,,~.,.~._~..m.._..~ow,... ~.u Exh9bit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 mart ec~wne . _~ s:~ _~=a A LHKU1 Pros n Dp'A ~a'meca~ No1ea a wsw nnw~wv.mu '~+~ ~;~ ~~ ~~~ ~~a ~~~~ syg .~rstn ~ A rnrnisrnisc.m a.C: fii~~ Tim - Ll2 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATI: OF MARCH 4, 2008 .•.~: .~ ~,.~q. a ~rr.~ n~v oww .~`i ' \ xan scw~ow.E ~a~ ,, 1 i P ~~! I nGC.a~/~ ~ Y ~ ~ .(./ ~ 1 +~ 'E l • 4 . ~ :~ JSItSI r~avnr~ rnav ~l~~ ~li~ ~~ LL3 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF MARCIi 4, 2008 4. Requested Modifications to Development Agreement (Instrument No. 99050961): The appLtcant is requesting a modiflcadon to the following terms of the Development Agreement: 1.4 WHEREAS, DEVELOPER has submitted an application for eanex~ierezoning of the Property described in Exhibit A, and r~uested a-designations of , ~~s8-F,B~-~ Neighborhood Business Dish3ct (C- N~aad Limited Office (Ir0), and has submitted a site plan.... 1.7 Add the date Findings afFact and Conclusions ofLaw are approved by City Council. 3.1 The uses allowed pursuant tp this Agreement are those uses allowed under CTI'Y's Zoning Ordinance for Neighborhood Business District and Limited Office O' Municipal Code of the City of Meridian. 4.2 That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. have~ee~et; and . ational us®-asd~speeiiy Exhibit B - Repdace/mod~ Findings of Fact/Conclusions of Law as approved by the Meridian City Council. Per the analysis in Section 10, Staff is recommending the followin@ provision be added to the existing Development Agreement in Section 4: 4.1.10 All future buildings on the site shall comely with design standards pertaining to archite re (i.e. facades. primary entrances. rooflines. »attern variations. and mechanical eanipment), color and materials, and narking lots. destrian walkwavB~ha11 be.reviewed dttr g the ~e ficate of 7rnln omn 9ance process to nrevide conneMion to .. .ei~hfleld .. t .....,~. r!......e ~.. mot.,.....::.. i...:ta:_.. ,...~...... ..r..tt .,~....,.~......., ..~ ~..~~ ai...~ ..t...a. r ....~~ &reve~ If the sidewalk crosses a vehicular driving surface. said oathwav shall be distingaished form the vehicular driving surfaces through the use of StrlnlIIg. 4.1.11 All drive-thra establishments nrpoosed in th C-N zo ins district shall obtain CUP aDD lixbibit A C[TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 B. Conditions of Approval 1. PLANNllVG DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal descriptions submitted with the application (stamped on November 9, 2007 by Steven T. Haug, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 A Development Agreement is not required with this application. There is a development agreement currently in effect for this property (see Instrument No. 99050961). Prier to the rezone ordinance annroval,~the existing DA for this property shall be amended consistent with the chances listed in Exhlbit A4 of the staff reuvrt. 1.2 PRELIMINARY PLAT -SITE SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat, prepared by Engineering Solutions, LLP, dated 11/8/07, labeled as Sheet 1 of 1 PRE, is approved, with the conditions listed herein. All conditions of the previous conditional use permit (CUP-02-035) application shall also be considered conditions of the preliminary plat. The preliminary plat shall be revised as follows: a. The sidewalk along Locust Grove Road shall be placed within a public pedestrian easement depicted on the i'znal plat. b. Across-access easement shall be provided to all lots within the subdivision via a note on the final plat or a separate recorded agreement. c. The existing driveway to/from Locust Grove Road connecting to Leigh Field Drive shall be converted to a private street and placed in either a perpetual ingress/egress easement or a single platted lot that provides access to all lots within the subdivision. d. Per UDC 11-3B-7C.2, the required street buffer along E. Leigh Field Drive shall be placed within a minimum 10-foot wide common lot or permanent easement, maintained by the property owner or business owners' association. 1.2.2 The landscape plan, prepared by l,eatham-Krohn VanUcker Architects, dated 1/21/03, is approved with the following modifications: • A minimum 10-foot wide street buffer is required adjacent to E. Leigh Field Drive, south of the Fire Department teaching facility where none currently exists. Said buffer shall be constructed in accordance with the standards listed in UDC 11-3B-7C. • A ZO-foot wide landscape buffer is required along the east property boundary adjacent to existing residential oats, pcr UDC 11-2B-3. Said buffer shall be constructed in accordance with. the standards listed in UDC 11-3B-9C. • Include landscaping for the street buffer adjacent to Locust Clibve Road, south of the driveway to the Charter High Schools that aligns with E. Heritage Park Street. • Parking lot landscaping in compliance with the standards listed in UDC 11-3B-8C will be requiral and reviewed with each Certificate of Zoning Compliance for future building on this site. • A written certificate of completion should be prepared by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2408 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the Final Plat and Certificate of Zoning Compliance application(s). 1.2.3 Submit a Private Street application for staff level review and approval prior to or concurrent with the final plat application. Said private street shall connect Locust Grove to Leigh Field Drive. Said Private Street shall wmply with the standards listed in UDC 11-3F~. 1.2.4 A CZC application is required to be submitted to the Planning Department for approval prior to issuance of building permits for future building on this site. The applicant should submit revised plans that comply with the conditions of approval of this application, with the CZC application. All improvements must be installed prior to occupancy. 1.2.5 A note prohibiting direct access to N. Locust Grove Road, except for the previously approved access point to the school that aligns with F.. Heritage Park Street on the west side of Locust Grove Road, shall be added to the final plat. 1.2.6 ~ All signage far the site requires approval of a sign permit. All signage must comply with the standards listed in UDC 11-3D. 1.2.7 Temporary fencing to contain debris during construction shall be installed azaund the lots being developed prior to release of building permits. 1.2.R LJndesground, pressurized irrigation must be provided to all lots within this development. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Leigh Field Drive. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. IVlinim~ cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standazd Specifications. 2.2 Water service to this site is being proposed via extension of mains in E Leigh Field Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 ~: 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 dcpictcd easements on the plat . but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available 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 EXAIBTT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a nule to the plat referencing this document. 2.5 The City of Meridian requires lhat pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use auy existing surface or well water for the primary source. If a surface or well source is not available, asingle-point H.xhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.G 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. ]:f 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 may he used for non-domestic purposes such as landscape irrigation if 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 removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375.5211. 2.10 Street signs are 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 pemuts. 2.11 A letter of credit or cash surety in the amount of 11 U% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1b All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater clcvadon. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.17 The applicants design engineer shall certify that all seepage beds out of the public right- of-way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Deparrznent prior to the project receiving frnal approval. 2.19 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 One hundred. watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Depamnent. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire l~eparlme.nt and water quality by the Meridian Water Department for bacteria testing. 3.2 Operational fire hydrants, temporary or pernoanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.3 Commercial and office occupancies will require afire-flaw consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.5 All portions of the buildings located nn this project must be within 150' of a paved surface as measured around the perimeter of the building. Building setbacks shall be per the International Building Code for one and two story construction. 3.6 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 fcct (183 m). 3.7 A private street shall be provided from E. Locust Grove Road to E. Leigh Field Drivc for addressing puTp~• 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT ' 5.1 Provide pressurized irrigation to Lot 5 at the west side of the existing building prior to development of Lot S. 6. SANITARY SERVICE COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACFID submitted a letter to the City dated December 19, 2007 stating that they have no site specific requirements at this time due to the fact that all street improvements exist. lxhitrit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 Exhibit I3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 G. Legal pescription & Exhibit Map IQAHO 1450 Fase1A?are~ewar'Sc Shim ISD SUi~VEY Mer~a~+:ia~,° 83642 GROUP ~+. tZOe) s4t~sio Fsx ~(20i!) •Bi~-5399 Novamber 9..2007 DESCfiiPTiON P'OR PBOI EUU:CA'>E`tON CAMPUS SUB9M880N1 NO. Z Lets I add 2, Blook 1 of Edrtoet{an Campus. Subdivision„ a$ Sle:s! Ia Book $6 of Plao at Page 9804, tooonls of Ada Couaty, IQ8110, located lti tlia Nott311 R of the 5otdhwtst U4 ;of Sacdan 32. Tawasltig 4 North, itaage 1 East, B.M.. Mmrfdlan, Ada, Carmty Ide1~, more prattitulacly d'bed ea follows: lComnla~g,.at die '6Yest lt4 comas of said 3ecdau 32, S+om wldc4 the 3outbwcat cotter of said 8et•.oiAn 32 bear's Sauh 00°3 t'04" West, 2658.95 faefi Twee along the Waal llaa of said 3aadon 3~ South 00°31'04" West, 997.I -I ~ - Tlreeuoe dapseting said West liae• South -89°38'4Q" B+aet. 48.00. fact W !i po14t Iying on the Bast•xl8ht of waY of N. I.awtst t3rova Rd.;said poimtbeing the Sauthwwf canoe[ of Lot 1, Block 1 of ssld Ede Campus Sulafivlslua aad the REAL YQINT'OF B)~GII4NIIrTG. Thencc slang s®dd East sYght of way North• 00°3l'04" Best, 905.48 lhet to a point i~raocu1og rho Southern, right of way ofE. [.eig>z Field I)r Thaaoe slang the Southern right of way of said E. I.at~h f'iefd D;: the following ts: Thetux North 45°00'00" East, 49.91 f~ Thaux Sautb X9°34'35" F$et,10.64 feed Thence 93.98 feet alotrgthe-erc ofe uau-tangent cane to the rlght, laving s trrdius of 469.40 feet, a central. sugie of I t°ZS'S 1 ; end s lang.ahonl'bcar3ttg 8out6 83°50'09` Feat, 93.Sx feet; Theaoo 1 Ob31 feat ala~ng the arc of a aan-tangent Curare W the lair, havir-g a radius of 830.x0 fret, a oeAtral artglt of 11°28'Sa"., and's long olta~hesrbrg South 83°Sd09" Eaaa;106.13 fast;. TlrOacx South 89°345" East, 623.78.feet; '!~ 282.93. feet along Bte arc of a cnrva~m fbe'tigbt, having a radius of 274.5.4 ~ a eeotrai.angle of 60WI5'36", and a iQ~ chotd•I~}ag Satdh 59°31'39" East, 274.91 • • Pr:~o fess'1anal Land SttPVaXor.'s Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2005 Thet~ca South 29°28'4(?' East, 32b.99 ibex Thence 129.7.8 feat alar;g the ~aro of a non-taageat ct~rva t0 the Yatl, baviag ~a iadlus of 325.00 fcmt, a cetstral angle o~'ZZ°5'47"; and a long chord beating So~rth 44°SS'02" Baet,128'.9Z feet tc aa.an~le Poipt.c'onwnoa va}!b tins Nasth~west b'pimd'ary•of Stmt Cave ~5uhdivisioA, as $led in Book 9'4~ of Plats atPaBe l 143G, records gfA~da Cotrrtty, Idaha,; Th~aace aloes the bound~y common to acid 3emr Cove Subdivision and said, I;ot 2, BToak 1 the following cbtt~aes; Thesrce South 37°38'37" 11Vest,126:25 feet; Thence South 00°30'18" West, 301.09 feed oo.apoisn lying on tl~ Southerly batmdary ofsaid .Lot 2; Block 1 andthe Northern bou>idaty of Summeafiedd Sabeiivtsiesn No. 3, as 81ad ;n Book 69 of PLaas at Pages 7047. reoorels of ~iisa couAty, Idaho; 73aace'along tli~ bormdetxy+ coraman m said Lot 2. ~lo~lc 1 and said. Sipnmerfield 'StsbdivLaifln No. 3 and Semmuwrfeld, SnbdiviBigt~ Na. 2, ae filed in Book~69 of flats at Page 7039, wards of A.da County. Ieia~, North 89"38'40" West,,1,279.2~ fcet to tl-e' POINT OF BEQINNIIV4, Cantainiag 25,87 acres. more or lass. ~r• ~ ~~~ . ~ lxi-ibit (; Steven T. Hatig, PIS CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 ~•~~W~ 1450 t~tWatartowar:5t, ~~ }~ SURVEY t+~terlalar.ldalw 83642• GROUP pt~(208} 94B:8S7o Pax Ftoai ea,.3s~ Novetnttar•9,.2007 . D>~CRIP'iTON FOB 1,-O ZONE .P$pPOSLD IiDUCATION CAMPUS SUBDxVISIOIV N0.2 A portion of Lots I dt 2, Block 1, end ~ Leigh Field Driveright-of- vtiwaji, ofFilucatios Caarpus Snbdivistoa, as bled for record is Haok 88 of Plsts at Page 9844, records of'Ade CowAy,. Idaho, sad atso• a portion oPNorth Locust t3rava Rvad rift-ofwsy, being loc~tad jn the North 4~i of the 3W~ ! of Sectioza 32, Towaghip 4 North, Raaga ~ Fast. B.M., Meridian, Ada CouAty, Idsho, and more psrdculsrly described as follows: Commencing et the West ~/, otm0ar of said Section 32. themca siong the west boundary of the SR-'! of said Secdou 32 South Op°31'04" West, 318.77 feat to the Ri;.AL POINT qF BB~INNWG. Y'hertce South 89°38'40" Pest, 433.73~feet; thence North 00°Z 1'20" Esst„ 2ti7.76 that to a point oa flee centerline of East Leigh Relit Drive; them along mid centerline: thence South 89°34`35" Fes, •483.9 f~'to.a point of clavatme; thanca.314,68 fool. along the arc of a curve to the.right; said curve Raving a radius of 300.0p fast, a delta aa$le bf 50°05' 55", sad a long chard beatistg South 59" 3I'3T' East, 300.45 Peet to apoint oftan~cy; thancc Somlh 29°28'40"East, 3.2?.?.~ Feet to s point a~f c'ttrvature; th,~tce 119.41 feat along tlm era of s c~iive to the left. said curva'haviag a radius of 300.00 feat, a delta angle of 2Z°47'29", and a long chord boating Sauflt 40°•52'25"'East,1~18.55 'fherttx leaving said ceatierliaa South 37°38'37" West,151.50feet; Thence South 00°3Q'18'° Nast, 301A9 feet Tla~nce North 89°38'40'" Weiat,1327.23 foot m a point oa tho west botmdary of the'S W '!~ of said Section 32; Pro.~essfotral l.a~d Sterveryor.s Exhibit C CTTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE T3EARTNG DATE OF MARCH 4, 2008 Thtsooe along Hefd West bo~daty Nort"b (10'31'04" Bast, 678,34 feet w th4 FOIN1' OF BI~E;tINNII~TG. Cantai~aiog.1i.13 aetee, more or less. Pt~ated By; Idaho 5uiv~ey Choup, P.6. 3t~ T. Hawg, PLS vat. ev MEWS ~ ~ Exhibit C CITY OF MERiD1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HF.ARINO DATE OF MARCH 4, 2008 lonr~a SURVEY (450' Eoac Waur~aw•rSc 5uhe'IStF Htrldhn, ad°ho 83641 GROUP Pt~en~a.IlotO e+~s5m Cod Qai-saw November 9, 2007 OESCRIP'It~ FOtt C-N,ZOt~IE PROPCtat.D EDUGATfON CAtlupUB BU80MS(ON Nv. 2 A Portion of Lots 1 B~~Z, Block 1, end Fast high Flekt Drive tight-pf- vrey, of Eduoadan Gampue Sutidivtslon, ea filed Tor record in Book•88 of Pleats at,Pape 980.4, recordm of Ada County, Idaho. and elso a pordun of Notch Loarlat Orova Roed dphtc?~gay, being located to the Nortlt'~ of the SW y. of Sedbn 32, Trrwnship 4 North, Range 1. Eaat,~B.M., Meridian, Ada County, Idaho, and mane pattlcatlarljr desixlbed as follcaaie: Commenting tat the VNpst Ys comer of said Section 32, 'tht3noa slang tFre vreat gotmdary of the SYV Y. of eedd SaCtlan 32.south 00°31'04- west, 3o.6Q feat to a.polnt ors the centerNne of East Letgh Fleld DrIVe, the REAL POINT l3F BE~~11N0. Thence along sold centerline: thence South 89°94'35" East, ta3,91 feet t0 a po1M of curvature; thence 99,09 feet along the arc' dt a calves to th® right, said curve having e radius of 494.50 facet, a delta angle of 11 °Z8'S3", and a tong choral bring South 83°50'O!y' East, D8.92 Teet m a poird ofreverse curvature; thence 107 ,18 test along the arc of a curve to.the bit, atAf~ aurve having a radius o160b.00 feet, a deMa angb. ttf 11'28'63", and a tang chord bearing South 83°60'06' East; 101.03 feet to s point.of tangenoy; ~thenoar 5outir 89°34'36" .Feist, 1'40:39 feet; Ttwnce leeviny said centa;trllne South 00°21'20" West 287•.78 feet; 7fivnce North 88°38'40" West, 433.73 feet to a point on the rveat boundary of the SW Y. of said 5ecdon 32; Pro fesatloal.al ~.on•d S4arv®yors Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 elottg:ss9ld~ We®t boundary North OQ°31'04' East, 288.28 feet to ttae POINT OF ©INN~. ConlalNnp 2.76~sares, mare ar 18as, ' PtspYred By: Stever T. R~ sr D~. " ' aeEew+~w rusuc wcR+ts a~~ Exhibit C idaha Survoy Group, P:C. CITY OF MERIb1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 Extribit C CITY OF MERIDIAN PI.ANNINQ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shad make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone the subject property to L-O (25.14 acres) and C N (2.75 acres). The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please ste Comprehensive Plan Folicies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specificaIIy the purpose statement; The Gity Gouncil finds that future development of this property will comply with the purpose statement of the commercial districts, which provides for service oriented needs of the community. Further, the existing use of the property as an education campus is a principal permitted use in both the L-O and C N zoning districts (see Section 10 of this report for more information). G The map amendment shaII not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, bat not limited to, school districts; and, The City Council finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E~. This fording is not applicable to the subject rezone request. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the deciaiommaking body shall make the foIIovving findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Pablic .services are available or can be made available and are adegaate to accommodate the proposed development; Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 The City Council finds that public services are currently provided to the southern and eastern portion of the development where the existing structures are located and can be made available to accommodate the proposed development on the northern portion of the property. (See Exhibit B of the Staff Report for more details from public service providers.) G 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, City Council finds that the subdivision will not require the expenditure of capital improvement fiends. d. There is public fmandal capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHU, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development wiU not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's , attention. ACRD considers road safety issues ixi their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. f. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not ILe prvpvsed. development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D