Boise/Waltman AZ 06-063ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 61
BOISE IDAH012J09108 11:02 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III I'll'IIIIIIIII'I'III~I'll'II~I I'll
Meridian City 100131100
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Boise Waltman LLC Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this~_ day of 1~161(c nr1bC~ , 2008, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and Boise Waltman LLC, whose
address is 970 West Broadway #443, Jackson, WY 83001-9475, hereinafter called
OWNERJDEVELOPER
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, hereinafter
referred to as the Property; and
1.2 WHEREAS, I.C. § 67-6S11A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developermake awritten commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developerbave submitted an application for re-
zoning of the Property's described in Exhibit A, and has requested a
designation of C-G, General Retail and Service Commercial District
(Municipal Code of the City of Meridian); and
1.S WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 1 OF 12
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1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 7`s day of October, 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 referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 OWNER/DEVELOPER deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement, herein
being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
properly owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 2 OF 12
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Broadway
Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Boise Waltman LLC, whose
address is 970 West Broadway #443, Jackson, WY 83001-9475, the party that owns
and is developing said Property and shall include any subsequent owner(s) or
developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re-zoned C-G, General Retail
and Service Commercial District, attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2B which are herein specified as follows:
40 building lots and 2 common lots on 38.21 acres in the proposed
C-G zoning district. The pertinent provisions of the City of
Meridian Comprehensive Plan are applicable to this AZ 06-063
application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. A phasing plan shall be submitted with phase 1 of the development.
2. The existing agricultural use (grazing of cattle) on the property will be
allowed to continue after annexation into the City, until phase 1 of the
development occurs. A maximum of 25 cows and 2 horses will be
allowed to exist on the site at any time.
3. The applicant shall improve Waltman Lane adjacent to the site and off-
site to the end of the split corridor improvements, per the half street
DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 3 OF 12
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sections attached in Exhibit A.6 of the staff report, prior to occupancy of
any structure within the site.
4. All future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
5. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
6. The applicant shall be responsible for all costs associated with sewer and
water service installation.
7. No building permits shall be issued or construction traffic allowed
(except for infrastructure improvements such as sewer, water, & roads)
on this site until:
a. The construction related to the split corridor Waltman Lane/Meridian
Road/Main Street intersection has commenced and the applicant has
installed a gate with paved access to Ruddy for use by the Waltman
residents. Such gate shall be installed prior to beginning any other
construction on the site and shall be removed by the applicant prior to
dedication and ACRD acceptances of the street connection to Ruddy
Drive. This temporary secondary access shall be useable to Waltman
residents at all times during the construction of the subject property. OR
b. Corporate Drive is extended across the Ten Mile Creek and is
connected to Waltman Lane.
8. Development on this site shall not exceed a site trip generation of 8,000
ADT from the site prior to the extension of Corporate Drive from the
north bank of the Ten Mile Creek at its current stub, south to Waltman
Lane. Approval shall be obtained from ACRD prior to Certificate of
Zoning compliance application submittal for future structures to verify
compliance with the allowed ADT. A Certificate of Zoning compliance
application(s) will not be approved for any structure(s) on the site that
exceeds the total allowed ADT for the site until Corporate Drive is
extended.
9. Ruddy Drive shall be extended as a public street into this site and up to
Waltman Lane, as shown on the concept plan(s).
10. At no time shall construction traffic associated with the development of
this site be allowed to access this site using Ruddy Drive or any other
street within The Landing Subdivision.
11. Provide a pedestrian network within the parking areas that will help to
guide pedestrians through the parking areas safely. This network shall
include pedestrian only pathways and sidewalks that connect the distant
parking areas to the buildings. A pedestrian plan shall be included with
the master concept plan for this development; submit with the first CZC
application on this site.
12. All buildings in the development shall be subject to the administrative
design review standards listed in the UDC and future design guidelines
DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 4 OF 12
pertaining to architectural chazacter, color & materials, and parking lots.
In addition to the aforementioned standards, the lots directly adjacent to
Waltman Lane shall also comply with design standards pertaining to
pedestrian walkways. Architectural design elements on the structures
shall continue all the way around the structures, similar to the example
provided by the applicant at Tazget included as Exhibit A.7 of the staff
report.
13. All buildings on the site shall be generally consistent with the conceptual
office and retail elevations submitted with this application unless the
Development Agreement is modified by the developer once actual users
are identified.
14. All buildings shall contain architectural elements and landscaping
features that break up any long facade or wall, as determined by the
Planning Director, that face the freeway, a main drive aisle, a parking
area, or a residential district. These azchitectural elements shall include at
least two changes in materials or colors, and some modulation in the
facade, including but not limited to, windows, columns, cornices,
extrusions, or other architectural enhancements.
15. Any outdoor uses and/or activity areas (including restaurant seating)
adjacent to residential uses along the west and northwest boundaries shall
require conditional use permit approval (unless the adjacent uses are
changed into non-residential uses).
16. Prohibited uses along the western and northwestern property boundaries
are as follows: drinking establishments, drive-thru establishments, fuel
sale facilities, fuel sales facilitiesltruck stops, and vehicle washing
facilities.
17. Except for a potential hotel site at the southwest corner, all structures
proposed on the site over 100,000 squaze feet that are within 100 feet of a
residential district or use shall obtain conditional use permit approval.
18. Standazd hours of operation for businesses along the west and northwest
property boundaries adjacent to residential uses are limited to the hours
between 8 am and 11 pm (unless the adjacent uses aze changed into non-
residentialuses) with the exception of a hotel use, which shall be allowed
to operate 24 hours.
19. For concept plan #1, all structures along the west and northwest property
boundaries adjacent to existing residences shall be limited in height to
two stories and shall have a minimum setback of 25 feet adjacent to the
existing residences (unless the adjacent uses are changed into non-
residential uses), with the exception of the proposed hotel. If a hotel is
built at the southwest corner of the site as depicted on the concept plan, a
25-foot setback shall be required for the first story, a 100-foot setback
shall be required for the Z"d story, and a 200-foot setback shall be
required for anything greater than 2 stories, adjacent to existing
residences. Structures along the west and northwest property boundaries
directly adjacent to residences shall position second story (and higher, in
DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 5 OF 12
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the case of a hotel) windows in such a manner as not to have views
directly into neighboring residential properties. For concept plan #2,
appropriate setbacks will be determined at the public hearing for the
preliminary plat and conditions will be placed on the plat accordingly; No
Development Agreement modification shall be necessary.
20. For concept plan #1, no rear loading areas, delivery areas, trash areas, or
obtrusive lighting shall be permitted adjacent to existing residences on
the west and northwest property boundaries. Further, all trash enclosures
shall be constructed of concrete or masonry materials.
21. A minimum of 10 buildings shall be required on this site.
22. Development of this site shall be generally consistent with either one of
the two conceptual site plans approved with this application, as
determined by the Planning Director, unless the Development Agreement
is modified by the developer once actual users are identified. If the
applicant proceeds with concept plan #2, a new preliminary plat
application will be required.
23. Prior to issuance of the first occupancy, a 10-foot wide multi-use pathway
shall be constructed at the northeast corner of the site as depicted on
concept plan #1 and as approved by the Parks Department, on the east
side of the Ten Mile Drain in alignment with the existing pathway on the
north side of Waltman Lane, in accordance with the standards listed in
UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan.
24. The vegetation and trees that currently exist along the banks of the Ten
Mile Creek shall be protected or enhanced as part of this development.
The applicant shall work with the Parks and Recreation Department
regarding the removal or replacement of any trees on this site.
25. Construct a 50-foot wide landscape buffer along the interstate. This
buffer shall be designed in accordance with UDC 11-3B-7 and be placed
along the entire southern boundary of the subject site, prior to the
occupancy of the first building in this development.
26. Construct a 20-foot wide landscape street buffer along Waltman Lane (a
collector street) east of the Corporate/Waltman intersection. A 10-foot
wide buffer shall be constructed along Waltman Lane (a local street) west
of the Corporate/Waltman intersection. These buffers shall be designed in
accordance with the standards listed in UDC 11-3B-7 and constructed
prior to the occupancy of the first building in this development.
27. Construct a 25-foot wide landscape buffer and a 6-foot tall masonry wall
between residential uses and properties zoned C-G as depicted in Exhibit
A.8 of the staff report. This buffer shall be designed and constructed in
accordance with UDC 11-3B-9 and be placed adjacent to any existing
residential uses which would include The Landing Subdivision and the
two residential parcels located adjacent to the northwest corner of the
subject property (if these properties are still functioning as residential
uses and have not converted to commercial by the time building permits
are applied for), prior to occupancy of the adjacent building.
DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 6 OF 12
28. If the applicant chooses to develop consistent with concept plan #1,
relocate Waltman Lane further to the south, vacate the existing right-of-
way, and install a 25-foot wide landscape buffer on the north side of
Waltman (off-site) adjacent to the Haddock property, as depicted on
concept plan #1 and Exhibit A.9 of the staff report. If the applicant
chooses to develop consistent with concept plan #2, appropriate buffers
shall be determined at the public hearing for the preliminary plat and the
plat shall be conditioned accordingly.
29. If the applicant chooses to develop consistent with concept plan #1,
construct two driveways as proposed on concept plan #1, on the south
side of Waltman Lane, no wider than 36-feet each. No driveway accesses
to Waltman are approved west of the Waltman/Corporatefntersection. If
the applicant chooses to develop consistent with concept plan #2,
appropriate driveway locations shall be determined at the public hearing
for the preliminary plat.
30. If the applicant chooses to develop consistent with concept plan #l,
construct a maximum of 5 access points to Corporate Drive as shown on
concept plan #1, unless the Development Agreement is modified by the
developer once actual users are identified. If the applicant chooses to
develop consistent with concept plan #2, appropriate access points shall
be determined at the public hearing for the preliminary plat.
31. The applicant shall comply with all landscaping standards described in
the UDC, including but not limited to UDC 11-3B-8 which outlines the
standards for parking lot landscaping.
32. The applicant shall be responsible to obtain a Certificate of Zoning
Compliance (CZC) permit and design review approval from the Planning
Department prior to all new construction on the subject property.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Owner/Developer or Owner/Developer's heirs, successors, assigns, to
comply with Section 5 entitled "Conditions Governing Development of Subject Property" of
this agreement within two years of the date this Agreement is effective, and after the Ciry has
complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any
subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owner/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:
DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 7 OF 12
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7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fail to
cure such failure within six (6) months of such notice.
8. INSPECTION: Owner/Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
9. DEFAULT:
9.1 In the event Owner/Developer, or Owner/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be modified or
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not 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 Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Property by the City Council. If for any reason after such recordation, the Ciry 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: Ciry shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 8 OF 12
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12.1 In the event of a material breach of this Agreement, the parties agree
that City and Owner/Developer shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code § 11-5-C, to insure that installation of the improvements, which
the Owners/Developers agrees to provide, if required by the City.
14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
15. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
c/o City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Boise Waltman LLC
970 West Broadway # 443
Jackson, WY 83001-9475
DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 9 OF 12
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with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
15.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
16. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to .each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other parry so failing to
perform.
18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request ofOwner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer has fully performed its obligations under this Agreement.
19. 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.
20: FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developerand City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 10 OF 12
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other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
20.1 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.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
BOISE WALTMAN LLC
CITY OF MERIDIAN ,
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MAYOR T MY de WEERD
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ATTEST: ~`,\```~~y ~,~ ~-9,y''%,,'
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JAYC L. HOLMAN, CTI~ C K ~`~
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DEVELOPMENT AGREEMENT (A~%~y ~ vV~~1~1AN LLC) PAGE 11 OF 12
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STATE OF~~ )
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County of Arm; )
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On this ~~~ day of ~ ~ `~ ~-~~ ~ 2008, before me, the
undersign a {rotary Public in and for said State, personally appeared
~C~ T ~ ~}l~si ~ known or identified to me to be
the__~~61C3_~(~~ ~ ( of Boise Waltman LLC and the person who signed the above
and acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
HOLLY F. EPSARO
Notary Public, Stats oi'Arizona
Morlcopo County
My Commlaslon Expirss
` May 14, 2011
STATE OF IDAHO )
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Notary Public for (~ ~ `' ,~~
Residing at: ~`5 E. ~t ~(~~ ~3~~ ~~
My Commission Expires: 5 L ~ ~ 7. ~ ~~' ~~
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County of Ada )
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On this Z~ day of NaV~Cnbe~ , 2008, before me, a Notary
Public, personally appeared Tammy de Weerd and Jaycee L. Holman., know or identified to
me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument of behalf of said City, and acknowledged to me that such 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.
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Residing at: (~(~ ~ ~ U~C~1- , 1 V
Commission expires: ~ 011 ~l 1
DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 12 OF 12
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A. Legal Description
legal Description
Waltman Property Annexation
A parse( for annexation purposes located in the NW %, of the SE '/, of Section 13, Township 3
North, Rarxle 1 West, Boise Nteridian, Ada County, Idaho, and more particularly described as
follows:
BEGINNING at a 5/8 inch diameter iron pin marking the northeast comer of said NW 'i, of the
SE '/., from which a brass cap monument marking the northeast comer of the SE %, of said
Section 13 bears S 89°25'45' E a distance of 1321.27 feet:
Thence S 0°46'07° W along the easterly boundary of said NW %. of the SE '/. a distance of
1323.25 feet to a point on the northerly right-of-way of Interstate 84;
Thence N 89°30'44' W abng said northerly right-0f-way a distance of 1315.45 feet to a 5/8 inch
diameter iron pin on the westerly boundary of said MN '/. of tfie SE '/.:
Thence N 0°30'35' E abrg said westerly boundary a distance of 1082.73 feef to a 5I8 inch
diameter iron pin:
Thence leaving said westerly boundary S 89°18'29' E a distance of 249.82 feet to a 5/8 inch
diameter iron pin;
Thence N 0°33`15' E a distance of 242.68 feet to a point on the northerly boundary of said
NW %. of the SE'/.:
Thence S 89°26`35° E along said northerly boundary a distance of 1071.42 feet to the POINT
OF BEGINNING.
This parcel contains 38.68 acres and is subject to any easements existing or in use
Clinton W. Hansen, PLS
land Solutions. PC
November 7, 2006
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Waltrrsan Annexation
Job No. 06-94
CITY OF MERIDIAN E IDIAN---
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND I D A H O
DECISION & ORDER
In the Matter of Annexation and Zoning of 38.68 acres from RUT and R 1(Ada County) to
C-G (General Retail and Service Commercial); and Preliminary Plat for 40 buildable low
and 2 common lots on 38.21 acres in a proposed C-G zoning district, by Waltman, LLC.
Case No(s). AZ-06-063 & PP-08-001
For the City Council Hearing Dates of: Apri122, May 6, Jane 17, and 24, and July 8, and
22, and September 2, and 23, 2008. (Findings on the October 7, 2008 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Stacy Report for the hearing date of May 6, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 6, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 6,
2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached StaffReport for the
hearing date of May 6, 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," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all cun~ent zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-063; PP-08-0Ol
-1-
4. Due consideration has been given to the wmment(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, Conceptual Site
Plan, Development Agreement, and the Conditions of Approval all in the attached Staff
Report for the hearing date of May 6, 2008, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the City .Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The Applicant's Annexation request, as evidenced by having submitted the legal
description and exhibit map, stamped and dated November 7, 2006 by Clinton Hansen,
PLS, is hereby conditionally approved;
2. A Development Agreement is required with approval of the subject Annexation &
Zoning application and shall include the provisions noted in the attached Staff Report
for the hearing date of May 6, 2008, incorporated by reference.
3. The applicant's. Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated (stamped 2/11/08 by Clinton Hansen) is hereby conditionally approved; and,
4. The site. specific and standard conditions of approval for the preliminary plat are as
shown in the attached Staff Report for the hearing date of May 6, 2008, incorporated by
reference.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8c ORDER
CASE NO(S). AZr06-063; PP-08-001
-2-
In the event that the development of the preliminary plat is made in successive phases
in an orderly and reasonable manner, and conforms substantially to the approved
preliminary plat, such segments, if submitted within successive intervals of eighteen
(18) months, may be considered for final approval without resubmission for
preliminary plat approval. Upon written request and filed by the applicant prior to the
termination of the period in accord with 11-6B-7.A, the Director may authorize a single
extension of time to record the final plat not to exceed eighteen (18) months. Additional
time extensions up to eighteen (18) months as determined and approved by the City
Council maybe granted. With all extensions, the Director or City Council may require
the preliminary plat, combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11. If the above timetable is not met
and the applicant does not receive a time extension, the property shall be required to go
through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of May 6, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-063; PP-08-001
-3-
B action of the Ci Council at its re ar meetin held on the ~ day of
Y ~ 8
008.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER , . .^ VOTED__~
UJI.r 1
COUNCII, MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED__~~
~.----
MAYOR TANIlVIY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy a Weerd
`,,~~~~,~uunu~~~~~ ~
i
ItA~
Attest: ,~.~`'~ q`l ~~~'~~.
c~,~ -.
Jaycee H an, City Cler~,c
~~
Copy served upon Applicant, .l~e~tnient, Public Works Department and City
i~~~~~nrn m„~~~`~
Attorney.
B ~~ Dated• 1 ~/ ' q "0 g
City Clerk's Office
CITY OF MERIDIAN FIIVDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-063; PP-08-001
-4-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
STAFF REPORT
Hearing Date: May 6, 2008
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
(208) 884-5533
SUBJECT: Browning Plaza (aka Waltman Property)
E IDIAN~--
IDAHO
• AZ-06-063
Annexation and Zoning of 38.68 acres from RUT and R-1 (Ada County) to
C-G (General Retail and Service Commercial)
• PP-08-001
Preliminary Plat for 40 buildable lots and 2 common lots on 38.21 acres in a
proposed C-G zoning district
The Commission heard these applications on February 21, 2004 At that meeting, the Commission
voted to continue the project until the March 20, 2008 meeting in order to have sufficient time to obtain
comments from ACRD (the ACRD Commission heard this project on March 3'") and to give the
applicant time to review the Development Agreement provisions recommended by Sta,~: The applicant
submitted a written response to the original DA provisions proposed by Staff. Staff has updated the DA
provisions, including some of the requests by the applicant, and has met with the applicant to discuss
these changes. The applicant submitted another wrinen response to the DA provisions based on the
updated provisions.
On Monday the 2S°"' of February, City and ACRD Staff met with the applicant at ACRD to discuss the
tra.Qic issues in thrs area. During that meeting the current access limitations and a longterm solution
for tra, fjic in this area were discussed (A loop frontage road was briefly discussed, but wns not
considered as a viable option due to the State's plan for the new westbound on-ramp onto I-8d This
new on-ramp will take a substantial portion of the property due east of the subject site) ACRD and
City Sta, ff both expressed an interest in having Corporate Dries extended to the north to connect x~th
SW S'~' Avenue If this connection is made, a viable secondary access to this site will be established A
solution that ACRD staff offered up to get the Corporate/S'~' connedion made, but not put the entire
burden on the applicant was to enter into a development agreement with the developer to establish an
extraordinary impact overlay district in this area If an extraordinary impact jee area is established, the
developer of the subject property, in concert with ACRD, would build the Corporate Drive extension
(and any other "necessary" roadway improvements) and then be reimbursed through extraordinary
impact fees that are generated as buildings are constructed in this area Unlike ACRD sta,~q; however,
City Staff believes that the Corporate Drive extension should occur prior to another 8,000 vehicle trips
being added in this area, not after. City Staff continues to believe that the extension of Corporate Drive
to the north, across the Ten ale Lateral is a critical roadway improvement in this area that should be
constructed sooner rather than later. Staff is recommending that no more than 75,000 square feet of
gross building area be allowed before the Corporate/"' connection is made. Staff recommends that the
Commission decide what roadway improvements and DA provisions should be included with this
development See section 10, Analysis for details on the updated DA provisions for this project
Changes to the staff report since the February 21a version are in bold, italics and underline
Originally, the applicant was only requesting AZ approval with a conceptual development plan. Since
that time, the applicant has submitted a preliminary plat and new concept plan. ?'his sta,~' report is
based on a revised preliminary plat and revised concept plan depicted in Exhibit A, stamped on 2/8/08
Wattman Propaty - Browning PIe~ AZ PP PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
by Ross Erickson, not the preliminary plat and concept plan that was transmitted with the preliminary
plat application.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Waltman LLC, has applied for Annexation and Zoning (AZ) of 38.68 acres from RUT
and R-1 (Ada County) to C-G (General Retail and Service Commercial). A conceptual development
plan has also been submitted for this site that depicts a big box retail building, a hotel, professional
offices, and a commercial retail center for a variety of commercial opportunities. Preliminary Plat
(PP) approval. is also requested that includes 40 buildable lots and 2 common lots on 38.21 acres of
land.
The subject property is located on the south side of Waltman Lane, east of The Landing Subdivision
and directly north of Interstate 84, in Section 13, Township 3 North, Range 1 West, B.M. The subject
property is composed of nine parcels of ground and contains various existing homes and associated
outbuildings that will be removed at the time of development. This property is within the City of
Meridian's Area of Impact and Urban Service Planning Area.
2. SUMMARY RECOIVIIVIENDATION
Staff recommends approval of A7r06-063 and PP-0B-0Ol, as presented in the staff report for
the hearing date of March 20, 2008, based on the Findings of Fact as listed in Ezhibit D and
subject to the Development Agreement provisions proposed in Section 10.
The Meridian Planning & Zoning C~nmission heard these items on March 15. Mav 3, June 7.
Apgnat 2.October 4, and December 20, 2007 and Febraarv 21, and March 20.2008. At the
public hearing on March 20, 2008 they moved to recommend approval of the subject AZ and
PP request.
a. Summary of Commission Public Hearing:
i. In favor: Joe Borton & Shawn Nickel. Rose Law Group (Applicant's Representative):
Robert Wiener (Applicant)
ii. In opposition: Cathy Floyd. Svndi Jones. Donna Aldrich. Mike Swen~n
iii. Commenting: Curtis Lee. Christy Haddock. Nona Haddock. Nathan Floyd. Joe
Lorcher. and Terry Farnham. Rob Haddock
iv. Written testimony: Art Berry
v. Staff presenting application: Sonya Watters
vi. Other staff wmmenting on application: Caleb Hood
b. Kev Issue(s) of Discussion by Commission:
i. The necessity for Corporate Drive to be extended from the north to Waltman L_an_ a for
an additional access point to/from the site;
ii. Transition in uses between the fature commercial uses and the existing residences to the
west and north of the site;
iii. The relocation of Waltman Lane further to the south and addition of a buffer on the
north aide of Waltman adiacent to existing residences;
iv. The threshold for how much development can occur on the site until Corporate Drive is
eztended from the north (5 Street) to Waltman: and.
v. For uses that are son-office on property that abuts residential uses. require conditional
use permit (CYJPI approval; limit hours of operation: and/or prohibit certain uses.
G Kev Commission Change(s) to Staff Recommendation:
i. Add a Development Agreement fDAI provision requiring CUP approval for all
restaura~ and retail uses proposed along the western and northern properiy
Waltman Property -Browning Plaza AZ PP PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
b_onndaries adiace~ to residential uses. Further. drinking establishments and drive-
thru uses shall be prohibited:
ii. Add a DA provision restricting hours of operation for businesses alon¢ the western and
northern property boundaries adiacent to residential uses to not exceed 10 pm:
iii. Modify DA provision to allow up to 150 000 (instead of 75.000) saaare feet of moss
building area prior to the extension of Corporate Drive from Waltman Lane across the
Ten Mile to the north.
d. Outstanding Issue(s) for City Council:
i. The threshold for how much development can occur on the site before Corporate Drive
is extended from Waltman Lane north. across the Ten Mile Creek and how that
restriction is appfled to the sabiect applicant:
ii. Appropriate transition in uses between the proposed commercial uses and the Busting
residential uses to the west and north.
Waltman Property -Browning Plaza AZ PP PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-06-
063 and PP-0B-0OI, as presented in the staff report for the hearing date of May 6, 2008, with the
following modifications: (Add any proposed modifications.)
Continuance
After considering all sta$ applicant and public testimony, I move to continue File Numbers AZ-06-
063 and PP-08-0O1 to the hearing date of (insert continued hearing date here) for the following
reason(s): (State specific reason(s) for a continuance.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06-063
and PP-08-001, as presented during the hearing on May 6, 2008, for the following reasons: (State
specific reasons for denial of the annexation request.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
505, 521, 615, 675 W. Waltman Lane
Referenced as Ada County Tax Parcel #'s: S1213428300, S1213428050, S1213428010,
S1213428020,S1213427880,S1213427890,51213427840,S1213427860,and S1213427872
Located in the Southeast % of Section 13, T3N, R1 W
b. Owner:
Boise Waltman, LLC
27305 Mayflower Way
Boise, ID 83709
c. Applicant:
SLN Planning, Inc.
148 N. tad Street, Suite 101
Eagle, ID 83616
Waltman Property -Browning Plaza AZ PP PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
d. Representative: Shawn Nickel, SLN Planning, Inc.
e. Present Zoning: Rl and RUT (Ada County)
f. Present Comprehensive Plan Designation: Commercial
g. Applicant's Statement/Justification:
A C-G zoning designation is being requested with the annexation application, with the
subdivision plat containing a variety of commercial lots ranging in size with the flexibility of
allowing for multiple users with maximum options in design and placement of businesses. A
public street connection from the residential subdivision to the east (Ruddy Street) will be
extended and aligned with the future Corporate Drive to the north. In addition, Waltman Lane
will be extended into the site and will intersect with the new Corporate Street alignment. (See
Applicant's narrative for more information.)
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the Planning & Zoning Commission 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 the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the Planning & Zoning Commission and City Council on this matter.
c. Newspaper notifications published on: July 16, and 30, 2007 (AZ) and February 4, and 18, 2008
(PP) (Commission); March 31. and Auri114.2008 (City Councils
d. Radius notices mailed to properties within 300 feet on: July 6, 2007 (AZ) and January 28, 2008
(PP) (Commission); March 28.2008 (city Council)
e. Applicant posted notice on site by: February 8, 2008 (Commission); April 11. 2008 (City
Council
6. LAND USE
a. Existing band Use(s): Vacant land; agricultural
b. Description of Character of Surrounding Area: This site is surrounded by various uses and
zoning designations. This area is still primarily residential in nature. Some of this area has already
transitioned form Waal to urban such as The Landing Subdivision to the west and various
commercial sites to the northeast. This area is rapidly transitioning form rural residential to urban.
c. Adjacent Land Use and Zoning
1. North: Waltman Lane and Rural Residences, zoned RUT and Rl (Ada County)
2. East: Rural Residences and ITD sand lot, zoned C-G and RUT (Ada County)
3. South:. Interstate 84
4. West: Single Family Homes in The Landing Subdivision, zoned R-4
d. History of Previous Actions: This properly plays an essential role in providing secondary access
to the residences in The Landing Subdivision and other home sites that were previously only
accessible for emergency service providers by Linder Road. Working with the Meridian Fire
Department, the applicant has recently provided a secondary emergency vehicle access road that
connects to Ruddy Drive, which is a stub street extended to the subject property from the Landing
Subdivision. This emergency vehicle access provided a much needed second point of connection
Waltrnan Property - Browning PIa7a AZ PP PAGE 5
CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
to all of the properties south of Franklin Road that take access from Linder. As this area develops
maintaining vehicle access to Ruddy Drive will be crucial in this azea.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer. There is currently a sewer trunk installed through this property.
Location of water. There is currently a water main in Waltman Lane and in Ruddy Drive in
The Landing Subdivision.
Issues or concerns: None.
2. Vegetation: There are some existing trees on the site that may need to be protected or
mitigated for as this site develops.
3. Floodplain: The Ten Mile Creek is located along the eastern boundary of this site. It appears
the floodplain is isolated to the eastern side of the Ten Mile Creek which is only a small
portion of the subject property. When specific development plans for this site are submitted,
the floodplain implications will be examined in more detail. The applicant will have to apply
for a Floodplain development permit for construction within the floodplain.
4. Canals/Ditches Irrigation: As mentioned above the Ten Mile Creek courses through the
eastern portion of this site. The Ten Mile Creek is listed in the Comprehensive Plan as one of
the waterways that should be protected and improved within city limits.
5. Hazards: N/A
6. Proposed Zoning: C-G
7. Size of Property: 38.68 acres (annexation area); 38.21 acres (plat)
f. Landscaping:
1. Width of street buffer(s): A 20-foot wide buffer is required along Waltman Lane (a collector
street), east of the Waltman/Corporate intersection; a 10-foot wide buffer is required along
Waltman Lane (a local street), west of the Waltman/Corporate intersection; a 20-foot wide
buffer is required along Corporate Drive (a collector street); and a 50-foot wide buffer is
required along I-84 (an interstate and entryway corridor). All street buffer landscaping shall
be installed in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers
Along Streets.
2. Width of buffer(s) between land uses: Per UDC Table 11-2B-3A, a 25-foot wide buffer to
adjoining uses in required along the west and northwest property boundaries adjacent to the
existing residences. This buffer shall be installed in accordance with the standards listed in
UDC 11-3B-9C.
3. Pazking Lot Landscaping: Perimeter and internal parking lot landscaping is required upon
development of the site in accordance with the standards listed in UDC 11-3B-8C. Internal
landscaping will be reviex~ed for compliance with UDC standards with submittal of the
Certificate of Zoning Compliance andlor Conditional Use Permit application.
g. Summary of Proposed Streets and/or Access:
The concept plan submitted by the applicant shows two major points of access into this
development. The fast of these access points is taken directly from Waltman Lane which is an
existing public street that runs along the northern boundary of this property. Waltman Lane is
currently operating as a partially improved street with two travel lanes, no curb, gutter or
sidewalks. The second access point into this property is provided by a stub street, Ruddy Drive,
Waltman Property -Browning Plaza AZ PP PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
which extends to the subject property from The Landing Subdivision to the west. The applicant's
concept plan shows Corporate Drive extending from the north through the site and connecting to
Ruddy Drive. There are also 2 driveway access points to/from Waltman Lane and 5 driveway
access points to/from Corporate Drive shown on the concept plan. These access points and other
access issues are discussed at length in section 10 of this report. ACRID has submitted draft
conditions of approval on the proposed plat that are included in Exhibit B. Staff and ACRD are
generally supportive of the proposed streets and access points proposed on the plat with the
conditions contained in this report in Exhibit B.
7. COMMENTS MEETING
On February 1, 2008, Planning Staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Police Department, Meridian
Public Works Department, and the Sanitary Services Company. Staff has included all comments and
conditions of approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property. is designated on the Comprehensive Plan Future Land Use Map as
"Commercial" The Comprehensive Plan defines Commercial as: "This designation will provide a full
range of commercial and retail to serve area residents and visitors. Uses may include retail,
wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as
government offices. Within this land use category, specific zones may be created to focus
commercial activities unique to their locations. These zones may include neighborhood commercial
uses focusing on specialized service for residential areas adjacent to that zone." The applicant is
requesting to rezone this property to C-G which staff believes is consistent with the Comprehensive
Plan designation for this property.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis below policy in italics):
• Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
- 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 Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
- The subject lands currently lie within the jurisdiction of the Ada County Sheri,,~'s Ofjice.
Once annexed, the Bands 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 ~ghway DisMct (ACFID). This service will not change.
- The subject lands are currently serviced by the Meridian School District #2. This service
wild 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 of the subject annexation.
Walhnan Property- Browning Plaza AZ PP PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
• Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities
within the Impact Area.
Sta,,~`finds that the site is designated for Commercial on the Comprehensive Plan Future
Land Use Map. Sta,,~`'believes that over time, a variety of commercial and retail opportunities
will be provided on this site.
• Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation
corridors.
Sta„~`'believes that the proposed development is appropriate along the adjoining
transportation corridor (Interstate 84). Tfeis development project will be highly visible and
help to define this area of the city.
• Chapter VII, Goal N, Objective A, Action 6: Require screening and buffering of commercial
and industrial properties and residential use with transitional zoning.
The applicant is proposing a ZS foot wide landscape bujj`er on the west property line adjacent
to The Landing Subdivision as required by the UDC. The applicant is proposing a C-G zone
for the entire site.. The conceptual site plan depicts professional o,~"ices and a hotel adjacent
to The Landing Subdivision. Sta, f j`'is supportive of the proposed o,{~ice uses as a transitional
use but believes that the hotel andlor any other building over 100, 000 square feet proposed
within 300 feet.of a residential district or use should be required to receive Conditional Use
Permit approval. See section 10 below for more information and analysis.
• Chapter V, Goal I, Objective A, Action 4: Develop and maintain greenbelts along waterways.
The Ten Mile Drain runs along the east boundary of this site. Per the Master Pathways Plan,
a multi-use pathway is required along the east side of this waterway at the northeast corner
of this site in alignment with the pathway on the north side of Waltman Lane.
• Chapter V, Goal III, Objective D, Action 5: Require all commercial and industrial businesses
to install and maintain landscaping.
Internal parking lots landscaping and buffers will be required to be installed and maintained
by each of the commercial businesses proposed within this development.
• Chapter VI, Goal II, Objective A, Action 13: Review. new development for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
iFith development of this site, Corporate Drive, currently stubbed at the Ten Mile drain north
of Waltman Lane, will be extended through the site and connect to Ruddy Drive (a stub
street) in The Landing Subdivision. Although o,~=site, sta,,~`'believes that the extension of
Corporate Drive across the Ten Mile Creek to the north is also an important street
connection/eztension in this area (see below for more analysis).
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and
conditional uses in the C-G zoning district. Retail stores; offices uses, and service-based
industries are either principally or conditionally permitted uses within the C-G zone.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail
and service needs of the 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 comtnercial~uses, and the location of
the district in proximity to streets and highways.
Waltman Propexty -Browning Plaza AZ PP PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIlVG DATE OF MAY 6, 2008
c. Dimensional standards for the C-G zoning district, per UDC Table 11-2B-3: (Applicable upon
development of the property)
Front setback in feet 0
Rear setback in feet 0
Interior side setback in feet 0
Street landaca buffer in feet
Local 10
Collector 20
Arterial 25
a Corridor 35
Interstate 50 '
Landscape buffer to residential
uses in feet p* 25
Maximum boil ' her in feet 65
Maximum building size without
design standard approval as set
forth in 11-3A-19 ins feet 200,000
Parking requirements See Chapter 3 Article COFF-STREET PARKING AND
LOADING UIREMENTS
Candace in eats See Cha ter 3 Atticle B LANDSCAPING REQL-IREMENTS
*All setbacks shall be measured from the ultimate right-of--way for the street classification as
shown on the adopted Transportation Plan.
**minimum setback only allowed with reuse of existing residential structure.
***Where the adjacent property is vacant, the Director shall determine the adjacent property
desi tion based on the Co ensive Plan desi tion.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. AZ Application: Please see Exhibit D for detailed analysis of the required facts and findings
for the annexation & zoning and preliminary plat applications.
The annexation legal description submitted with the application (prepared on November 7,
2006, by Clinton W. Hansen, PLS) shows the property adjacent to the existing corporate
boundary of the City of Meridian.
Concept Plans The applicant submitted a concept plan for this property showing how the
property may develop in the future. Due to the unknown nature of the future businesses that
may develop on this Property, the plan is only conceptual. After carefully reviewing the
concept plan, staff has identified various issues and concepts that need to be further discussed
and mitigated/conditioned for. Staff is aware that the proposed plan is only conceptual in
nature, but believes there are some concepts not currently proposed that would be appropriate
for this site. These additional concepts, and the ones proposed are discussed below.
To begin, the concept plan proposes approximately 400,000 square feet of professional office,
hotel, big box retail and smaller retail spaces that are distributed among 21 separate buildings
(5 office buildings, 5 office/retail buildings, 1 big box retail building, 1 potential hotel
building, and 9 smaller retail buildings). The big box retail building is planned to house a
national retailer that will "anchor" the development. It is depicted on the site plan within the
southeastern portion of the development.
Walhnan Property - Browning Playa AZ PP PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
Staff is including a development agreement provision that requires office uses only. with
the exception of a uotential hotel site near the southwest corner of the site. to be
constructed along the west and northwest property boundaries as a transitional use
between the existing residences and the proposed commerdal development. ff a hotel is
proposed on the site as depicted on the site plan
. a minimum 2S-foot setback shall be required for the first story. a
100-foot setback shall be required for the 2 story. and a 200-foot setback shall be
required for anything greater than 2 stories. adiacent to existing residences. Further, all
structures, with the exception of a potential hotel along the west and north property
boundaries may not exceed 2 stories in height and any/all two story for higher in the
case of a hotel) structures along the west and northwest property boandaries directly
adjacent to residential uses shall position second story windows in such a manner as not
to-have views directly into neighboring residential properties. Staff is also adding a DA
provision that a minimum of 15 buildings be required on this site and that no building
greater than 1'00,000 square feet be located within 300 feet of a residential district or use
without obtaining conditional use permit approval
A major aspect of the concept plan is the proposed street/driveway system The applicant is
proposing to construct Corporate Drive as a public collector street, south from Waltman Lane
connecting to Ruddy Drive, a stub street in The Landing Subdivision at the west boundazy of
this site. This vehicular access will serve as a primary access for residents in the general
vicinity, but should not be a major access for patrons of the development that live west of
Linder Road. Corporate Drive at Waltman Lane aligns with the atrticipated Corporate Drive
extension to the north (currently Corporate dead-ends on the north side of the Ten Mile
Creek.) Five driveway connections are proposed to/iiom Corporate Drive; four of which aze
in alignment with each other. Two driveway accesses are proposed to/fiom Waltman Lane
east of the CorporateJWaltman intersection. No access points to Waltman are proposed west
of the CorporatelWaltman intersection. Staff is including a DA provision limiting access
points to Waltman Lane to those shown on the concept plan.
One more element of the concept plan to note is the parking layout. As shown on the concept
plan, the majority of the buildings along Corporate Drive and Waltman Lane are directly
adjacent to the street buffer with pazking to the sides and rear of the buildings. The majority
of the parking. is internal. Staff is supportive of this layout. Additionally, due to the high
visibility of this site, staff believes that restricting the location of pazking azeas, docks/loading
areas, and dumpsters is appropriate. (See Site Design and Landscaping below for more
information.)
Site Design: This site is in a very visible location. People in cars driving by the city on
Interstate 84 will have a direct view of this commercial development. This area has the
potential to become one of the city's most recognizable features. )nor this reason, quality
design is essential.
In addition to
the concept shown on the plan, the needed elevations/design elements mentioned above, staff
believes the following design elements should be required with this development of this
ProP~Y•
• In addition to the conceptual building elevations, materials and design elements
presented during the public hearing, all buildings in the development should be
WalUnan Property -Browning P1a7a AZ PP PAGE ] 0
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF MAY 6, 2008
subject to the administrative design review standards listed in the UDC pertaining to
architectural character, color & materials, and parking lots. In addition, the lots
directly adjacent to Waltman Lane shall also comply with design standards pertaining
to pedestrian walkways.
• All buildings should contain architectural elements and landscaping features that
break up any long fade or wall, as determined by the Planning Director, that faces
the freeway, a main drive aisle, a parking area, or a residential district. These
architectural elements shall include at least two changes in materials or colors, and
some modulation in the facade, including but not limited to, windows, columns,
cornices, extrusions, or other architechu al enhancements.
• Pedestrian walkways and connectivity should be provided on the site between the
buildings and within the parking lots of this site. A pedestrian plan should be
included within the master concept for this development. Pedestrian walkways and
paths should be provided throughout the parking lot to allow pedestrians to walls in
designated areas rather than in drive aisles.
• Due to the high visibility of this site, and unless otherwise approved by a future
Conditional Use Permit, trash compactors and loading docks along the north, west,
and south property boundaries are prohibited. Further, all trash enclosures shall be
constructed of concrete or masonry materials. Except for a potential hotel and the
southwest corner of the site, office uses shall be constructed along the west and
northwest property lines as transitional uses to the ezlsting reside~ial aces.
Ezceot for a hotel. all structures along the west and north property boundaries
adjacent to eristing residences shall be limited in height to two stories.
Stractnres along the west and northwest property. boundaries directly adjacent
to residences shall positlon second story (and hieher in the case of a hotel)
windows in such a manner as not to have views directly into neighboring
residential properties.
• All structures proposed on the site over 100,000 square feet that are within 300 feet
of a residential district or use shall obtain conditional use permit approval.
• A minimum of 15 buildings should be required on this site.
• Development of this site shall be generally consistent with the conceptual site plan
submitted with this application (attached in Exhibit A), as determined by the
Planning Director.
Access: Access to/from this property is an issue of extreme importance for this project,
especially when the size and visibility of this proposal is considered. ctiurently, there are
only two points of access that exist into this area. The first is Waltman Lane, which is a
public street running along the northern properly line. Waltman Lane operates currently
as a partially improved roadway with no curb, gutters or sidewalks. The other access
point into this property is Ruddy Drive, which is a public residential stub street that is
stubbed to flue site from The Landing Subdivision to the west. There is a third vehicular
connection that staff also believes is important for the viability of this area; Corporate
Drive, and its extension across the Ten Mile Creek. Staff believes that each of these
points of connectivity mentioned above has special considerations; these considerations
are described below:
Waltman Property -Browning Plaza AZ PP PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
• Waltman Lane: Staff believes that Waltman Lane will be the major access corridor
into this site. Most people coming to or leaving this site will go through the
intersection of Waltman Lane/Meridian Road/Main Street. The current configuration
of this intersection has been identified by the City and ACRD as an area of great
concern. The most current information from ACHD lists the redesign and
reconfiguration of this intersection in the ACHD Draft Five Year Work Program,
with construction to begin in 2009. The project is estimated to take seven months or
more, and will be a major aspect of the "Split Corridor" as defined in the Downtown
Meridian Transportation Plan and 2006 Update to the Comprehensive Plan. Staff
believes that the redesign of this intersection is an essential key to the development of
all of the land along Waltman Lane, including the subject property. It must be made
clear that the current configuration of the intersection is only serving a small number
of single family homes that are located along Waltman Lane. It goes without saying
that adding 400,000 square feet (or any) of commercial space prior to the redesign
and construction of the Waltman LanelMeridian Road/Main Street intersection would
have severe consequences in this area. Therefore, staff is including a provision
restricting development of this property until the Waltman/Main/Meridian Road is
improved. Beyond the intersection being constructed and fully operational, staff also
believes that Waltman Lane should be completely improved with curb, gutters and
sidewalks along its entire length (abutting this site and to Meridian Road) prior to the
intensification of this area. (see summary of access issues below)
• Corporate Drive: As stated above, Corporate Drive currently terminates at the
northern bank of the Ten Mile Creek, approximately 500 feet north of the subject
site. To connect to Waltman Lane, a bridge crossing will be required over the Ten
Mile Creek and the street will then need to be extended across the 8.5 acre Lorcher
property (parcel #51213131365), which lies to the north of the subject site. It must be
made clear that the Lorcher property is not part of this application, and lies off-site.
However, Staff believes that the extension of Corporate Drive from We north to
Waltman Lane is another key element of the circulation system in this area that
should be resolved, before businesses are allowed to operate in this area. (see
summary of access issues below)
• Ruddy Drive: Unlike the other two access points mentioned above that have
constraints that are not directly adjacent to the subject property (they are off-site),
Ruddy,Drive is a stub street that abuts the western boundary of the subject site.
Currently, Ruddy Drive connects to a network of local residential streets in The
Landing Subdivision. All of these streets have front on housing and other
characteristics of local neighborhood streets. Staff believes that Ruddy Drive should
be extended to allow connectivity. This will allow emergency vehicles to maintain
the much needed second access point to the south Linder Road area and it will also
facilitate a more limited flow of traffic between The Landing Subdivision and this
proposed development. (see summary of access issues below)
Summary of Access Issues: In relation to the concerns described above, staff' believes
that the following measures should be taken to avoid any potential access issaes is this
area:
• No building permits should be released or construction traffic allowed on this site
until the construction related to the redesign of the Waltman Lane,/Meridian
Road/Main Street intersection is completed OR Corporate Drive is extended across
the Ten Mile Creek and is connected to Waltman Lane. Constraction traffic for the
parpoae of infrastructure improvements shall be allowed daring the
constraction related to the Waltman Lane/Meridian Road/Main Street
Waltrnau Property -Browning Plaza AZ PP PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC DARING DATE OF MAY 6, 2008
intersection.
If the extension of Corporate Drive is completed prior to the Waltman LaneJMeridian
Road/Main Street intersection and construction begins on the site, no construction
traffic should be allowed to use the Waltman LaneJMeridian Road/Main Street
intersection until it is also completed.
Prior to occupancy of any structure located on this site, the Waltman Lane/Meridian
Road/Main Street intersection should be completed. Farther. np to 75.000
square feet of cross building area wr71 be allowed prior to the extension of
.Corporate Drive across the Ten Mile Creek to connecting to
Waltm~tt Lane
A
Certificate of Zoning compliance application(sl will Prot be approved for any
structure(sl on the site that exceeds the total allowed square footage for the site
unrtll Corporate Drive is extended.
Ruddy Drive shall be extended as a public street (Corporate Drive) into this site and
connect to Waltman Lane as shown on the concept plan.
At no tune shall construction traffic associated with the development of this site be
allowed to access this site using Ruddy Drive or any other street within The Landing
Subdivision.
Waltman Lane: In order to provide a buffer between the three existing residential properties
on the north side of Waltman Lane and the proposed commercial development, the applicant
is proposing to relocate the existing Waltman Lane further to the south. To do this the
applicant must vacate the existing right-of--way, and install a 25-foot wide landscape buffer
where the right-of--way use to be. Staff is supportive of this proposal.
Lighting: Lighting on this site along the western and northern property boundaries should be
such that it does not negatively impact adjacent residential properties. To mitigate for this,
light poles should be shorter and/or bollard type lighting should be used in these areas and all
lighting on the site should comply with the standards listed for outdoor lighting in UDC 11-
3A-11.
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance
(CZC) permit is to ensure that all construction, alterations and/or the establishment of a new
use complies with all of the provisions of the UDC before any work on the structure is started
and/or the use is established (iJDC l I-SB-IA). To ensure that all of the provisions in the
development agreement (see below) are complied with, the City requires that the applicant
obtain CZC approval from the Planning Departrnent prior to site development; all site and
landscaping improvements must be installed prior to occupancy.
Developme~ Agreement: A Development Agreement (DA) will be required as part of
annexation of this property. Prior to annexation approval, a DA shall be entered into between
the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and
the developer. The applicant shall contact the City Attorney, Bill Nary, at 88811433, within 6
months of City Council approval to initiate this process. The DA shall include, at minimum,
the following:
1. A phasing plan shall be submitted with phase 1 of the development.
2. The existing agricultural use (grazing of cattle} on the property will be allowed to
continue after annexation into the City, until phase 1 of the development occurs. A
maximum of 25 cows and 2 horses will be allowed to exist on the site at any time.
Waltman Property - Browning Plaza AZ PP PAGE 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
3. The applicant shall improve Waltman Lane adjacent to the site and off-site to the end
of the split corridor improvements, per the half street sections attached in Exhibit
A.6, prior to occupancy of anv structure within the site.
4. All future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
5. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
6. The applicant shall be responsible for all costs associated with sewer and water
service installation.
7. No building permits shall be issued or construction traffic allowed (except for
infrastructure improvements such as sewer, water, & roads) on this site until:
a. The construction related to the split corridor Waltman Lane/Meridian Road/Main
Street intersection is-esmpleted has commenced and the suolicant has instaIIed a
gate with paved access to Ruddy for use by the Waltman residents. Sach gate
shall be instaIIed prior to beginning anv other construction on the site snd shaII
be removed by the applicant prior to dedication and ACRD acceptances of the
street connection to Ruddy Drive. This temporary secondary access shall be
useable to Waltman residents at all times during the construction of the snbiect
property. OR
b. Corporate Drive is extended across the Ten Mile Creek and is connected to Waltman
Lane.
8. Development on this site shall not excced a site trip generation of 8,000 ADT from
the site prior to the extension of Corporate Drive from the north bank of the Ten Mile
Creek at its current stub, south to Waltman Lane. Approval shall be obtained from
ACRD prior to Certificate of Zoning compliance application submittal for future
structures to verify compliance with the allowed ADT. A Certificate of Zoning
compliance application(s) will not be approved for any structure(s) on the site that
exceeds the total allowed ADT for the site until Corporate Drive is extended.
9.
10. Ruddy Drive shall be extended as a public street into this site and up to Waltman
Lane, Ss shown on the concept plan(s).
11. At no time shall consttuction traffic associated with the development of this site be
allowed to access this site using Ruddy Drive or any other street within The Landing
Subdivision.
12. Provide a pedestrian network within the parking areas that will help to guide
pedestrians through the parking areas safely. This network shall include pedestrian
only pathways and sidewalks that connect the distant parking areas to the buildings.
A pedestrian plan shall be included with the master concept plan for this
development; submit with the first,CZC application on this site.
13. All buildings in the development shall be subject to the administrative design review
standards listed in the UDC and future design guidelines pertaining to arclutechual
character, color & materials, and parking lots. In addition to the aforementioned
standards, the lots directly adjacent to Waltman Lane shall also comply with design
standards pertaining to pedestrian walkways. Architectural design elements on the
Waltman Property -Browning Plaza AZ PP PAGE 14
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
structures shall continue all the way around the structures, similar to the example
provided by the applicant at Target included as Exhibit A.7.
14. All buildings on the site shall be generally consistent with the conceptual office and
retail elevations submitted with this application unless the Development Agreement
is modified by the developer once actual users are identified.
15. All buildings shall contain architectural elements and landscaping features that break
up any long fagade or wall, as determined by the Planning Director, that face the
freeway, a main drive aisle, a parking area, or a residential district. These
architectural elements shall include at least two changes in materials or colors, and
some modulation in the fapade, including but not limited to, windows, columns,
cornices, extrusions, or other architectural enhancements.
16. ,
Any outdoor uses and/or activity areas (inclndine
restaurant seating) adiacent to reside~tal uses along
the west and northwest boundaries ~iseest
:hall reauire conditional use Hermit aaaroval (unless the
adjacent uses are changed into non-residential uses).
rem:
18. Prohibited uses along the western and northwestern property boundaries are as
follows: drinking establishments, drive-thru establishments, fuel sale facilities, fuel
sales facilities/ttuck stops, and vehicle washing facilities.
19. Except for a potential hotel site at the southwest corner, all structures proposed on
the site over 100,000 square feet that are within 100 feet of a residential district or
use shall obtain conditional use permit approval.
20.
(Note from StafJ°
Restaurant uses would require CUP approval in this area; sta,~` feels that we can
address the outdoor seating area at that time.
21. Standard hours of operation for businesses along the west and northwest property
boundaries adjacent to residential uses are limited to the hours between 8 am and ~•A
11 pm (unless the adjacent uses are changed into non-residential uses) with the
exception of a hotel use, which shall be allowed to operate 24 hours.
22. For concept plan #1, all structures along the west and northwest property boundaries
adjacent to existing residences shall be limited in height to two stories and shall have
a minimum setback of 25•feet adjacent to the existing residences (unless the adjacent
uses are changed into non-residential uses), with the exception of the proposed hotel.
If a hotel is built at the southwest corner of the site as depicted on the concept plan, a
25-foot setback shall be required for the first story, a 100-foot setback shall be
required for the 2nd story, and a 200-foot setback shall be required for anything
greater than 2 stories, adjacent to existing residences. Structures along the west and
northwest property boundaries directly adjacent to residences shall position second
story (and higher, in the case of a hotel) windows in such a manner as not to have
views directly into neighboring residential properties. For concept plan #2,
appropriate setbacks will be determined at the public hearing for the preliminary plat
and conditions will be placed on the plat accordingly; No Development Agreement
modification shall be necessary.
Waltman Property -Browning Plaza AZ PP PAGE 15
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
23. For concept plan #1, no rear loading areas, delivery areas, trash areas, or obtrusive
lighting shall be permitted adjacent to existing residences on the west and northwest
property boundaries. Further, all trash enclosures shall be constructed of concrete or
masonry materials.
24. A minimum of 10 buildings shall be required on this site.
25. Development of this site shall be generally consistent with either one of the two
conceptual site plans approved with this application, as determined by the Planning
Director, unless the Development Agreement is modified by the developer once
actual users are identified. If the applicant proceeds with concept plan #2, a new
preliminary plat application will be required.
26. Prior to issuance of the fast occupancy, a 10-foot wide multi-use pathway shall be
constructed at the northeast corner of the site as depicted on concept plan #1 and as
approved by the Parks Department, on the east side of the Ten Mile Drain in
alignment with the existing pathway on the north side of Waltman Lane, in
accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master
Pathways Plan.
27. The vegetation and trees that currently exist along the banks of the Ten Mile Creek
shall be protected or enhanced as part of this development. The applicant shall work
with the Parks and Recreation Department regarding the removal or replacement of
any trees on this site.
28. Construct a 50-foot wide landscape buffer along the interstate. This buffer shall be
designed in accordance with UDC 11-3B-7 and be placed along the entire southern
boundary of the subject site, prior to the occupancy of the first building in this
development.
29. Construct a 20-foot wide landscape street buffer along Waltman Lane (a collector
street) east of the CorporateJWaltman intersection. A 10-foot wide buffer shall be
constructed along Waltman Lane (a local street) west of the CorporatelWaltman
intersection. These buffers shall be designed in accordance with the standards listed
in UDC 11-3B-7 and constructed prior to the occupancy of the first building is this
development.
30. Construct a 25-foot wide landscape buffer and a 6-foot tall masonry wall between
residenial uses and properties zoned GG as depicted in Exhibit A.8. This buffer
shall be designed and constructed in accordance with UDC 11-3B-9 and be placed
adjacent to any existing residential uses which would include The Landing
Subdivision and the two residential parcels located adjacent to the northwest corner
of the subject property (if these properties are still functioning as residential uses and
have not converted to commercial by the time building permits are applied for), prior
to occupancy of the adjacent building.
31. If the applicant chooses to develop consistent with concept plan #1, relocate Waltman
Lane fiuther to the south, vacate the existing right-of--way, and install a 25-foot wide
landscape buffer on the north side of Waltman (off-site) adjacent to the Haddock
property, as depicted on concept plan #1 and Exhibit A.9. If the applicant chooses to
develop consistent with concept plan #2, appropriate buffers shall be determined at
the public hearing for the preliminary plat and the plat shall be conditioned
accordingly.
32. If the applicant chooses to develop consistent with concept plan #1, construct two
driveways as proposed on concept plan #1, on the south side of Waltman Lane, no
wider than 36-feet each. No driveway accesses to Waltman are approved west of the
Waltman/Corporate intersection. If the applicant chooses to develop consistent with
concept plan #2, appropriate driveway. locations shall be determined at the public
hearing for the preliminary plat.
Waltman Property - Browning PlaTa AZ PP PAGE 16
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
33. If the applicant chooses to develop consistent with concept plan #1, construct a
maximum of 5 access points to Corporate Drive as shown on ~e concept plan #1,
unless the Development Agreement is modified by the developer once actual users
are identified. If the applicant chooses to develop consistent with concept plan #2,
appropriate access points shall be determined at the public hearing for the
preliminary plat.
34. The applicant shall comply with all landscaping standards described in the UDC,
including but not limited to UDC 11-3B-8 which outlines the standards for parking
lot landscaping.
35. The applicant shall be responsible to obtain a Certificate of Zoning Compliance
(CZC) permit and design review approval from the Planning Department prior to all
new construction on the subject property.
Z. PP Application: The proposed preliminary plat depicts 40 buildable lots and 2 common lots
on 38.21 acres of land in a proposed C-G zoning district. Please see Exhibit D for detailed
analysis of the required facts and findings for the preliminary plat application. Staff is in
general support of the proposed plat with the following comments:
Dimensional Standards: The applicant must comply with the. dimensional standards for the
C-G zoning district listed in UDC Table 11-2B-3 as outlined in this report.
Preliminary Plat: Staff has reviewed the proposed plat and is recommending that the plat be
revised as follows:
• A 20-foot wide street buffer landscape easement is required along both sides of
Corporate Drive, classified as a collector street, per UDC Table 11-2B-3.
• A 20-foot wide street buffer landscape easement is required along the south side of
Waltman Lane, classified as a collector street, east of the Waltman/Corporate
intersection, per UDC Table 11-2B-3.
• A 10-foot wide street buffer landscape easement is required along the south side of
Waltman Lane, classified as a local street, west of the Waltman/Corporate
intersection, per UDC Table 11-2B-3.
• A 50-foot wide street buffer landscape easement is required along I-84, per UDC
Table 11-2B-3.
• The 10.foot wide multi-use pathway located along the east side of the Ten Mile
Creek at the northeast corner of the site shall be placed in a public pedestrian
easement via a note on the final plat. The applicant should coordinate with the
irrigation district and the Parks Department for any additional easement
requirements.
• A cros§-access easement shall be recorded, via a recorded document and/or a note on
the final plat, for all lots within the subdivision that do not have frontage on a public
street.
Landscape Plan: The applicant has submitted a landscape plan for this site, prepared by
Erickson-Civil, Inc., stamped on 2/8/08 by Ross Erickson. Staff has reviewed the plan for
compliance with current UDC standards and offers the following comments/requirements:
Waltman Property - Browning Pler$ AZ PP PAGE 17
CITY OF MERIDIAN PL~WMNG DEPARTMENT STAFF REPORT FOR THE DARING DATE OF MAY 6, 2008
• A 10-foot wide multi-use pathway shall be constructed at the northeast corner of the
site on the east side of the Ten Mile Drain in alignment with the existing pathway on
the north side of Waltman Lane, in accordance with the standards listed in UDC 11-
3B-8 and 11-3B-12, and the Master Pathways Plan. When the neighboring properties
to the east develop, the pathway can then be extended eastward to intersect with
Meridian Road (as shown on the Master Pathways Plan).
• The Ten Mile Creek courses along the eastern boundary of this site. The
comprehensive plan has identified the Ten Mile Creek as one of the waterways that
should be preserved and protected within the city. Staff believes that the vegetation
and trees that currently exist along the banks of the Ten Mile Creek should be
protected or enhanced as part of this development. These trees and vegetation also act
as a natural screen from the ITD sand lot which is located to the east of the proposed
development.
• Per UDC Table 11-2B-3, a 50-foot wide landscape street buffer is required along I-
84, as depicted on the landscape plan and plat. This buffer should be designed in
accordance with the standards listed in UDC 11-3B-7.
• Per UDC Table 11-2B-3, a 20-foot wide landscape street buffer is required along the
southern boundary of Waltman Lane (a collector street) east of the
Waltman/Corporate intersection. A 20-foot wide buffer shall also be constructed
along the north side of Waltman Lane (off-site), east of the Waltman/Coiporate
intersection, as proposed. The portion of Waltman Lane that lies west of the
Waltman/Corporate intersection is classifial as a local street. As such, a 10-foot
landscape buffer is required along the northern boundary of this site on the south side
of Waltman Lane, per UDC Table 11-2B-3. All buffers shall be designed in
accordance with the standards listed in UDC 11-3B-7.
• The portion of Corporate Drive that extends thmugh the site is classified as a
collector street. Per UDC Table 11-2B-3, a 20-foot wide landscape buffer is required
along both sides of the stmt, in compliance with the standards listed in UDC 11-3B-
7.
• The applicant shall apply for a Floodplain development permit for construction
within the floodplain.
• Per UDC Table 11-2B-3, a 25-foot wide landscape buffer is required between
residential uses and properties caned C-G. This buffer should be designed and
constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing
residential uses which would include The Landing Subdivision along the west
boundary and the two residential parcels located adjacent to the northwest comer of
the subject property (if these properties are still functioning as residential uses and
have not converted to commercial by the time building permits are applied for).
• The applicant should also comply with any other landscaping standards described in
the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for
parking lot landscaping.
Cross-Access: Some of the proposed lots do not have frontage on a public street. Cross-
access shall be provided to all lots within the development via a note on the recorded final
plat or a separate recorded agreement.
Sidewalks: Per UDC 11-3A-17, minimum 5-foot wide sidewalks are required along Waltman
Lane and Corporate IhivelRuddy Drive.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by ayear-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
Walmian Property -Browning Plaza AZ PP PAGE 18
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF MAY 6, 2008
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 sigaature 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.
Eating Structures: There is one existing shop/barn and some sheds on the site that are
proposed to be removed upon development of the property.
b. Staff Recommendation: Staff recommends approval of the proposed annexation
application 006-063), subject to the Development Agreement provisions listed above.
Staff also recommends approval of PP-08-0O1 for Browning Plaza Subdivision. ~
Merl i n City onncil heard here items on nril 22_ Mav 6_ ~ one 17_ nd 24. iv_ly 8_
and 22. entember 2_ and 23.2008. At he he rln on 4eotember 23.2008 he Co ~ncii
anoroved the gubiect AZ and PP request.
11. EI~s~ITS
A. Drawings
1. Vicinity/Zoning Map
2. Conceptual Site Plan~1(stamped 2/8/08 by Ross Erickson)
3. Conceptual Site Plan #2 (dated Mav 27.20081
4. Preliminary Plat (stamped 2/11/08 by Clinton Hansen)
5. Landscape Plan (stamped 2/8/08 by Ross Erickson)
6. Typical Roadway Sections
'], FYamnle of A`r hitEC+nr I Desi¢n laments .on 'nni
9, s 9pe B offer on No h Side of W Itman (adiacent to the Haddon nropertvl
10. Bnildins' Elevations (conceutpal)
B. Agency Comments
1. Planning Department
2. Public Works
3. Fire Department
4. Police Department
5. Ada County Highway District
6. Sanitary Service Company
C. Legal Description
D. Required Findings from Unified Development Code
Waldnan Property -Browning Plate AZ PP PAGE 19
CITY OF MERIDIAN PL.ANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
a nrawings
1. Vicinity/Zoning Map
Exhibit A PAGE 20
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
2. Conceptual Site Plan #1(stamped 2/8/08 by Ross Erickson)
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
3. (dated Mav 27.20081
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
4. Preliminary Plat (stamped 2/11/08 by Clinton Hansen)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY b, 2008
5. Landscape Plan (stamped 218/08 by Ross Erickson)
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6. Tvn~tcal Roadway Secdona
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
7. F:ample of Architeetnral Deciun F.lementa ('nnfinuinv nn all gidex ~ Structnre~a (similar to
Target on Ea~le/C indent
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
9. Landscape Baffer oalYorth Side~f Waltman (adia dock propertvl
Extdbit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
10. Building Elevations (conceptual)
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI>TE DARING DATE OF MAY 6, 2008
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TFIE IIEARING DATE OF MAY 6, 2008
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
B. Agency Comments
1. PLANNIIVG DEPARTMENT
1.1 ANNEXATION COMMENTS
1.1.1 The annexation legal description submitted with the application (prepared on November 7, 2006,
by Clinton W. Hansen, PLS) shows the property adjacent to the existing corporate boundary of
the City of Meridian.
1.1.2 Prior to annexation. ordinance approval, the applicant shall enter into a Development Agreement
with the City. Said Development Agreement shall be signed within 6 months of the City
Council's approval of this application. See section 10, Development Agreement, above for
analysis and comments regarding the Planning Department recommended Development
Agreement provisions.
1.2 PRELIMIQVARY PLAT -CONDITIONS OF APPROVAL
1.2.1 The preliminary plat (stamped 2/11!08 by Clinton Hansen) shall be revised as follows:
a. A 20-foot wide street buffer landscape easement is required along both sides of Corporate
Drive, classified as a collector street, pea UDC Table 11-2B-3.
b. A 20-foot wide street buffer landscape easement is required along the south side of Waltman
Lane, classified as a collector street, east of the Waltman/Corporate intersection, per UDC
Table 11-2B-3.
c. A 10-foot wide street buffer landscape easement is required along the south side of Waltman
Lane, classified as a local street, west of the Waltman/Corporate intersection, per UDC Table
11-2B-3.
d. A 50-foot wide street buffer landscape easement is required along I-84, per UDC Table 11-
2B-3.
e. The 10-foot wide multi use pathway located along the east side of the Ten Mile Creek at the
northeast corner of the site shall be placed in a public pedestrian easement via a note on the
final plat. The applicant should coordinate with the irrigation district and the Parks
Department for any additional easement requirements.
f. Across-access easement shall be recorded, via a recorded document and/or a note on the final
plat, for all lots within the subdivision that do not have frontage on a public street.
1.2.2 The landscape plan (stamped 2/8/08 by Ross Erickson) shall be revised as follows:
a. A 10-foot wide multi-use pathway shall be constricted at the northeast corner of the site on
the east side of the Ten Mile Drain in alignment with the existing pathway on the north side
of Waltman Lane, in accordance with the standards listed in UDC 11-3B-8 and 11-3B-12,
and the Master Pathways Plan. When the neighboring properties to the east develop, the
pathway can then be extended eastward to intersect with Meridian Read (as shown on the
Master Pathways Plan).
b. The Ten Mile Creek courses along the eastern boundary of this site. The comprehensive plan
has identified the Ten Mile Creek as one of the waterways that should be preserved and
protected within the city. Staff believes that the vegetation and trees that currently exist along
' the banks of the Ten Mile Creek should be protected or enhanced as part of this development.
These trees and vegetation also act as a natural screen from the ITD sand lot which is located
to the east of the proposed development.
c. Per UDC Table 11-2B-3, a 50-foot wide landscape street buffer is required along I-84, as
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
depicted on the landscape plan and plat. This buffer should be designed in accordance with
the standards listed in UDC 11-3B-7.
d. Per UDC Table 11-2B-3, a 20-foot wide landscape street buffer is required along the southern
boundary of Waltman Lane (a collector street) east of the Waltman/Corporate intersection. A
ZO-foot wide buffer shall also be constructed along the north side of Waltman Lane (off-site),
east of the Waltman/Corporate intersection, as proposed. The portion of Waltman Lane that
lies west of the Waltman/Corporate intersection is classified as a local street. As such, a 10-
foot landscape buffer is required along the northern boundary of this site on the south side of
Waltman Lane, per UDC Table 11-2B-3. All buffers shall be designed in accordance with the
standards listed in UDC 11-3B-7.
e. The portion of Corporate Drive that extends through the site is classified as a collector street.
Per UDC Table 11-2B-3, a 20-foot wide landscape buffer is required along both sides of the
street, in compliance with the standards listed in UDC 11-3B-7.
f. Per UDC Table 11-2B-3, a 25-foot wide landscape buffer is required between residential uses
and properties zoned C-G. This buffer should be designed and constructed in accordance with
UDC 11-3B-9 and be placed adjacent to any existing residential uses which would include
The Landing Subdivision along the west boundary and the two residential parcels located
adjacent to the northwest, corner of the subject property (if these properties are still
functioning as residential uses and have not converted to commercial by the time building
permits are applied for).
g. The applicant 'should also comply with any other landscaping standards described in the
UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot
landscaping.
1.2.3 Construct m;n;T„um 5-foot wide sidewalks on the site along Waltman Lane, Ruddy Drive and
Corporate Drive, in accordance with UDC 11-3A-17.
1.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. The applicant should be required to use any existing surface or well water for the
primary source. If a surface or well source is not available, asingle-point connection to the
culinary water system shall be required. If a single-point connection is used, the developer will be
responsible for the payment of assessments for the common areas prior to signature on the final
plat by the City Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC
9-1-28.
1.2.5 Existing structures on the site shall be removed prior to signature on the final plat by the City
Engineer.
1.2.6 A ma~mum of 5 acres oin t Co or a Drl a collector roa shall be allow as
depicted on concept elan #1.
2 Pabllc Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains in W
Waltman Ln. The applicant shall install mains to and through this subdivision. The applicant shall
be responsible to install sewer service to 815, 755 and 737 W Waltman Ln in the North West
portion of this project. The applicant shall coordinate main size and routing with the Public
Works Department and execute standard forms of easements for any mains that are required to
provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-
grade is less than tliree feet than alternate materials shall be used in conformance of City of
Exhibit C'
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPOT FOR THE HEARING DATE OF MAY 6, 2008
Meridian Public Works Departments Standard Specifications.
2.2 Water service to this site is being proposed via extension of mains in W Waltman Ln and W
Ruddy Dr. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
2.3 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, but rather dedicated outside the plat process using the City of Meridian's standard forms.
The easement shall be graphically depicted on the plat for reference purposes. 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 8112" x 11" map with bearings and
distances (marked EXIiIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
ff 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.
2.7 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 be used fornon-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190,
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9~-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
2.9 Street signs are to >~ 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.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.11 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.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
2.12 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.
2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.14 Developer shall coordinate mailbox locations with the Meridian Post Office.
Z. I S All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.16 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.
2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the buildings footings are at least 1-foot above.
2.18 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. Tbis certification must be received by
the City of Meridian Public Works Department prior to the project receiving final approval.
Commercial Projects
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
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 Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.5 Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of
75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs.
3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface. Streets with less than a 29' street width shall have no parking.
Streets with less than 33' shall have parking only on one side. These measurements shall be
based on the back of curb dimension. The roadway shall be able to accommodate an imposed
load of 75,000 GVW.
3.8 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.9 The various office/commercial lots lot will have an unlmown transient population and will have
an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department
has experienced 2612 responses in the year 2004. According to a report completed by Fire &
Emergency Services Consulting Group our requests for service are projected to reach 2800 in the
year 2005 and 3800 by the year 2010.
3.10 The fire department requests that any future signali~ation installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.11 Maintain a separation of 5' from the building to the dumpster enclosure.
3.12 The Fire Dept. has concerns about the addressing of this development being visible firm the
street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500
to address this concern prior to the public hearing.
3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.14 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.15 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.16 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrarns
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
3.17 There shall be a fire hydrant within 100' of all fire department connections.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
3.18 Buildings over 30' in height are required to have access roads in accordance with The International
Fire Code Appendix D Section D105.
3.19 Emergency response routes and fire lanes shall not be allowed to have speed bumps.
3.20 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 wads shall be placed a distance
apart equal to not less than one half of the length of the overall diagonal dimension of the property or
area to be served, measured in a straight line.
3.21 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall
be provided with two separate and approved fire apparatus access roads separated by one half of the
maximum overall diagonal dimension of the property or area to be served, measured in a straight line
between accesses. Exception: Projects having a gross building area of up to 124,000 square feet
(11520 m2) that have a single approved fire apparatus access road when all buildings are equipped
throughout with approved automatic sprinkler systems. (Remoteness Required)
3.22 The Fire Department supports the Corporate Drive extension across the Ten Mile Creek north of
the site prior to construction on the subject property.
3.23 The fire Departrrient supports the upgrade at the Waltman/Meridian intersection prior to
construction on the site.
4. POLICE DEPARTMENT
4.1 The applicant shall submit a revised landscape plan that uses walkways and landscaping to direct
visitors to the main entrance and away from private areas.
4.2 The proposed development and/or plat do not offer natural surveillance opporiwrities of the
public areas. The applicant should include features that increase visibility, including but not
limited to: doors and windows that look out on the public areas, front porches, and adequate
nighttime lighting. The site plan and/or landscaping plan shall be revised accordingly..
4.4 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed three feet in height.
4.5 The loading areas shall be separated from all public parking areas.
4.6 The Police Department is concerned with the traffic generated on Waltman. Without a more
concise site plan and traffic plan, the Police Department can not recommend approval.
4.7 The Police Department supports the upgrade of the Waltman/Meridian intersection prior to
construction on the site.
4.8 The Police Department supports the Corporate Drive extension across the Ten Mile Creek north
of the site prior to construction on the subject property.
5. ADA COUNTY HIGHWAY DISTRICT
5.1 Site Specifiic Conditions of Approval
5.1.1 Dedicate a minimum of 35-feet ofright-of--way from center along Waltman Lane. Additional
right~f--way will be required along the portion to be realigned to the south. Dedicate sufficient
right-of--way to accommodate all required improvements and 2-foot utility strips on both sides.
5.1.2 From the proposed intersection of Corporate Drive to Ten Mile Creek, reconstruct and stripe
Waltman Lane as a 3 lane collector street section with three 11-foot lanes and a 6-foot bike lane
(including gutter), vertical curb, gutter, and 7-foot attached concrete sidewalk on the south side.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF MAY 6, 2008
Construct a shoulder at least 3-feet in width and an adequately sized drainage swale along the
north side.
5.1.3 Replace the existing bridge (Bridge 288A) that spans Waltman Lane over Ten Mile Creek with a
bridge to accommodate two travel lanes, center left turn lane, one bike lane and attached concrete
sidewalk on the south side (approximately 50-feet wide, the final width of the bridge to be
determined by ACRD through design review of the structure). Design and construct the bridge in
a manner to allow for widening to the north in the future.
5.1.4 Provide a development phasing plan and restrict development to prevent exceeding a site trip
generation of 8,000 ADT from the site prior to the extension of Corporate Drive.
5.1.5 From the proposed intersection of Corporate Drive to the site's northwest corner, reconstruct
Waltman Lane as a 29-foot street section with vertical curb, and gutter on both sides and 5-foot
attached concrete sidewalk on the south side.
5.1.6 Construct Corporate Drive as a 40-foot street section (back-of-curb to back-of-curb) with, vertical
curb, gutter, and 5-foot attached concrete sidewalk on both sides. Connect Corporate Drive with
Ruddy Drive to the west and Waltman Drive to the north, approximately 700-feet west of the
site's east property line. Construct a raised median and divided 21-foot lanes where Corporate
Drive wnnects with Ruddy Drive.
5.1.7 Enter into a license agreement with Ada County Highway District for maintenance of any
landscaping contained within the raised median on Corporate Drive.
5.1.8 Construct three curb-cut driveways as proposed on the north side of Waltman Lane, no wider than
20-feet each, to provide access to 480, 520, and 650 Waltman Lane.
5.1.9 Construct two curb-return driveways as proposed on the south side of Waltman Lane, no wider
than 36-feet each.
5.1.10 Construct five curb-return driveways as proposed on Corporate Drive, no wider than 36-feet each.
5.1.11 Comply with all Standard Conditions of Approval.
5.2 Stxndlard Conditlona of Apprnval
5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
5.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of--way.
5.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
5.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the
construction of the'proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5.2.5 Comply with the District's Tree Planter Width Interim Policy.
5.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
5.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF MAY 6, 2008
5.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
5.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
5.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
5.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
5.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
5.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
6. SANITARY SERVICE COMPANY
6.1 SSC has no comments related to this application.
Extu'bit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
C. Legal Description
j,~yatj lion
Waltman PropettyMnexation
A parcel for arriexaflon purposes br~ted e- itm NW Y. of the SE 3: of Section 13, Township 3
North. Rarga 1 West, Boise Mer'~dian, Ada County, Idaho, a~ more partiarlariy dssaitred as
follows:
BEGINNItNti at a 5I8 arch diameter iron pin marking the northeast of said NW '/, of the
5E Y., from which a braes aq~ rtwnumerd markirg the nortlte~t comer of the SE Y. of said
Section 13 l~rs S 89°2545' E a d of 1321.27 feet
Thence S 0°46'OT W abrg the easterly boundary of said NW 1/. of the SE 14 a distance of
1323.25 feet to a point on fhe northerly right-of-way of Irdenttate 84:
Thence N 89°30'44 W along said northerly right-of-way a distance of 1315.45 feat to a 5/8 inch
diameter Iron pin on the westerly boundary of said NW ~ of the' SE Y.;
Tnenoe N 0°30'35' E along said westerly baxrdary a distance of 108273 feet to a 5J8 inch
diameter iron per;
Thence leaving said westerly baurdary S 89°18'29' E a distance of 249.82 feet to a 5!8 inch
diertreter eon per:
Thence N 0°33'15° E a dratance of 24268 ~ to 8 point on the norlheAy boundary of said
IVVII Y. of the SE %:,
Ttrenoe S 89'26'35 E elorrg said rrortlrerly boundary a distance of 1071.421ee1 to the POINT
OF BEGINNING.
This parcel oorta'ars 38.88 saes arrd is sut~ed to any easemaris exia8ng or in u~.
Clinton W_ Fiarrsm-, Pt.s
land Solutions, PC
November 7.2006
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Waltrtean Mrrwcatbn
Job No. 0694
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008
WALTMAN PROPERTY ANNEXATION
LOCATED IN THE NW 1/4 OF THE SE 1/4 OF SECTION 13,
'? T3N R 1 W, BM, ADA COUNTY,
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W. WAL7A/.IN LN. BA9CS Q~ 61EARNVG ~
2 1.1?1.4?' S 89~16:35~ f S 892545' E
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24268'
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S 8978'29" £
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y, • FOUND 5/8' PIN
~ ~ FOtNm SRASS CAP
v CAICIA/17~ POINT
131345' aow err
N 89:70'44' W ~ g5,?t•
~ ~ s a9sa+t' E
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13 1•A0243' _
1/4 v _ S 89'47Y8~ E
0 150 300 600
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Zrir~U1 ~,~~~i ~rl.r
~,•~ Land SurveyMg and ConsWCfng
ne eseea.seew
eeeseoeaa o eeeda
p~e~anaoes _v_°lsave.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
D. Rewired Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a fall investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to C-G. The City Council finds
that the proposed zoning map amendment complies with the applicable provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report for more information.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
No development is proposed concurrent with the zoning map amendment. The City Council
finds that there are several uses that are allowed and conditionally allowed within the
requested zoning district of C-G. If the applicant complies with the conditions outlined in the
development agreement, the City Council fords that the proposed commercial district will be
in compliance with the specific district regulations. The City Council finds that future
development of this property should comply with the established regulations and purpose
statement of the C-G zone.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
If the applicant enters into a Development Agreement and complies with the provisions, the
City Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff recommends that the Commission and Council rely on any
oral or written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact aeon 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 will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The C-G zoning amendment will provide commercial area that is similar in nature to existing
and proposed commercial development in the vicinity. The City Council finds that all
essential services are available or will be provided by the developer to the subject property
and will not require unreasonable expenditure of public funds. In accordance with the
findings listed above, the City Council finds that Annexation and Zoning of this property
to C-G would be in the best interest of the City, if the applicant enters into a
Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff
Report.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
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 Gpals, Section 8, of the Staff Report.
b. 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 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, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
d. There is pnbHc financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public service
providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exlu'bit B, Agency
Comments and Conditions, for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
Staff is not aware of any health, safety, or environmental problems associated with the
development of this subdivision that should be brought to the Council or Commission's
attention. ACPID considers road safety issues in their analysis. Staff recommends that the
Commission and Council reference any public testimony that may be presented to determine
whether or not the proposed subdivision may cause health, safety or environmental problems
of which staff is unaware.
f. The development preserves significant natural, scenic or historic features.
Except for the Ten Mile Creek which will be preserved, the 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 the
proposed development may destroy or damage a natural or scenic feature(s) of major
importance of which staff is unaware.
Exhibit D