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Mason Creek Pad A Revised
NOTE: This -s not a BuildlnF Prrn~11. Prior to anv construction. you should E IDIAN ^ ~ contact the Buildine Services at (2U81 ~7-2211 to verify if anv additional • •- ~ ~ - ~~- per~its and/or inspections will, be rgguired• CERTIFICATE OF ZONING COMPLIANCE Date:_9s#eh°~•~^~ July 7 2009 REVISED Project Name/Number: Mason Creek Pad A - CZC-08-094; DES-08-028 & ALT-09-004 Owner/Applicant: Mason Creek, LLC / BRS Architects Site Address: 2959 N. Ea lg a Road Proposed Use:_Construction of a new 7,682 s.f. multi-tenant shell and care retail building Zoning: C-G Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances and previous conditions of approval far Bienville Square Subdivision associated with this site (RZ-05-019, AZ- OS-057, CUP-OS-052, FP-OS-059, VAR-06-018, FF-07-012, CUP-09-006 and Development Agreement (104107406 and 107044347). The issuance of this permit does not release the applicant from any previous requirements of the other permits issued for this site. 1) The applicant shall provide a copy ofthe sinned license areement from NMID allowine the drive aisle, seepage bed. 10-foot pathway and associated landscapine (as emended) prior to certificate of occupancy. aereement) for those proposed improvements within the rig,~,t~-of way, The analicant shall coordinate with ITD regarding the lawn proposed within ITD's right-of-way adjacent to Eaale Road. Other than the above-mentioned changes, the approved landscape plan is not to be altered without prior written approval of the Fianrnng Department. No field changes to landscape plan permitted; prior written approval of all material changes is required. Prior to final inspection and sign off for this project, a written certificate of completion shall be submitted to the Planning Department, prepared by a landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. Site Plan: The Site Plan prepared by BRS Architects, on 9c~te~er--24; 29A$ A~ri122, 2009, labeled Sheet ~-1-ALT-1, is approved (stamped "Approved" on 9e~er~A~~AS Apri128, 2009 by the Meridian Planning Department) with the following changes%notes~see-mines-ere~a~r~: 3} __ , _ _ _. A conditional use permit (file # CUP-09-006Zhas been approved for this site allowing the drive-through use. The approved site plan is not to be altered without prior written approval of the Planning Department. Elevations: This project complies with the Design Review requirements of UDC 11-3A-19.The Elevations prepared by BRS Architects (Sheet A4.la, dated October 9, 2008) are approved with no changes from the Planning Department. Irri ation: An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15. Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-3B- 10, coordinate with the Parks Department Arborist {Elroy Huff, 888-3579) for approval of protection/relocationmeosures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11-3B-10-C5. Parkins: The proposed parking areas shall be paved and striped in accordance with UDC 11-3C and 11-3B. Project engineer/architect shall certify that the number and size ofhandicap-accessible spaces Landscaping:, The Landscape Plans prepared by Breckon Land Design, Inc., ewer ''~z'~(~° revised A ril 24 2009 and Jul 2 2009, labeled Sheet L 1 and L 1.1, is approved (stamped "Approved" on Aeteb°°~Z'29(~°, April 28. 2009 & Jull%7, 2009 by the Meridian Planning Department) with the following changes/notes (see redlines on plan): conforms to the Americans with Disabilities Act {ADA). Handicap accessible stalls must have signage in accordance per ADA and signed accessible. Curbing: Per UDC 11-3B-SI, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff: Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy. Drainaee: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18. Li htin : Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as de5ned in UDC 11-3A-11. Si,_gnage: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: All dumpster{s) must be screened in accordance with UDC-11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. Handicap-Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap-accessibility requirements. ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACRD requirements, a new site plan shall be submitted to the City of Meridian Planning staff for approval prior to the issuance of a building pexmit. Certificate of Occupancx: All required improvements must be complete prior to obtaining a Certificate of Occupancy. All changes in occupancy need to comply with the requirements of the Building Department. It is unlawful to use or occupy any building or structure until the Building Official has issued a certificate of occupancy. A certificate of occupancy or temporary certificate of occupancy is obtained from the Building Department (208) 887-2211 after inspections are complete and the field inspection record is returned to the Building Department. Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan stamped "Approved" on Aste~E~er• 38;~A9S Apri128.2009 and JuIY 7, 2009, and Elevations, and are not to be altered without prior written approval of the Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. Note: If the plat for the subdivision in which this property lies has not been recorded, all subdivision improvements shall be installed prior to occupancy of the first structure in the subdivision. Bill Parsons Associate City Planner *This tetter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This getter shall expire one (1) year from the date of issuance if work has not begun. .~ ~ ~°"' ~~ r ~~~.~ U ,~ r•~ . ~ ~ ~.• -~~ at$:m~hr ra ';~,~ id ~,~ c"~ii yy x~BY~e'~ II,:*~ ' ' '~ i ' ~o~ ~ ^y ~~~Y Vl l `z ~~g~~ ~ ~ ~~~~ - go ~ ~ ~ r~ y-~e F 9 ~ ~~~ ~ ~ ~~~ a ~ ~~9~tl ~a:~qa $ 8~ . <• da a A$~ f ~. ;` qy ~ A P ~1 L Z ~ g E ~ I W N Z d rG .r ~~ ~ ~ ~r-~i ~'~-'- x ~;';_ fir. 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A11.WYiE PL. ~~rew..r, rena,rmwsxn MASON CREEK PAD A ~ 1 e~sE matossme ~ ~99~» ~ ~~ s;t ~ ~ ~ a ~ ----•-- unoswa w.ari - G~.'~ ,M.~ ~zosic c oM~6°aaeo ~ ~ eP Svoa~r, gorsxgsz9 ~veumnn, man ARGHlTLC7S p ~` ~ Certifyate of Zoning CompSance _,.....~. _ ....._.....y.__.......__.. ~~~x~ ~ ~ ~ ~ MASON CREEK, PAD A ~~~~t '~'~~~~ ~'o~ a,E f-+ rwxoxmaaexoxo x6UOWL~oao AltcHITECT9 i _.,: ,r . I Do ~o+ -~~~ ~~ Iii ~v1,a r e ~ ~~ a s This checklist shoo] ~ ile at ALL times. Planner/InspectorName: ~ru~ To ~ li ~~ ~ v ~~ ~ Project Name: ¢ an ~ 1 SS u-Q'S (~".~ /`t.so ~~ -~ Contractor/Company Name: I ~C ~ ~' " - ~y~o ~ " ,3 _ ~ e,2 ~ vn.: 9z Qs9 First Inspection Date: B / ~~ I~ Second Inspection Date: / Third Inspection Date: /_ red, a fee of $53 must be submitted to the P&ZDept. be o! _ _ _ _ _ _ _ _ _ _ J Landscape Plan Checklist ' Item , ...: Site Notes -- . - . .. A: IIate. of a roved landsea e lali 2g / ~ ' . , Y ~ Ste.~etliu~fer~Perunete~~Bud~e~,~agtyvea~T~B~is~ - - - ...,e ~ ~,.~= . .1: Width of buffer (esClutle - detachedsfw'ividihs) :.- - ~ _ ~. _. 2. # of trees - 3. Ca]iper/size oftrees .. (measure 6-8 inches above ~~; ouizd) 4: Species mix per plan _ '' ~ . .. .. ,. ._ ,.. :: - 5. G?poundcauar (seeded ' ~ ~ ;' , veri ermmdfion 6. Right=of=way landscaping ' 7. Verify no encroachments (e. .fencin , arking) 8. Berming (max. 2:1 slope, 3:1 i Zawn) r* ,nip;;+Pr~ 1. Verify min. 5' b/w c! 2. Verify min. 50 sq. ft. 3. Plantings per plan N/,~ 1. Verify existing tree(s) retained ~yrA, 2. Verify mitigation tree(s) 1 Rev. S.~'S.'"O i s: iP&ZiBrnd~Pc~Z:9lminlDepc!r!meM Policies Post-Inspection Checklist Item Date Com lete A. Incomplete? (Follow 5 steps below) 1. Obtain bid for incomplete improvements + 110% 2. Owner/contractor posts surety (cash, check or Letter of Credit) 3. Clearly print # of days the "Temp CO" is valid on card 4. Sign "Temporary" column on CO card 5. Submit check or Letter of Credit to Finance Dept. with memo B: Complete? 1. Sign and date "Final" column on CO card 2. Notify Finance Dept. to release surety (if it was a Temporary CO) 2. Complete checklist and close file * The only instance that. a CO may be released prior to 100% completion of improvement is inclement weather, as determined by the Director. If weather is a factor, follow MCC 12-13-19-2. Rev. ~%?S/YIS s: +P&Z,Br~rd`:P~ Z ~l cLr~inDepnrG»ent P;ri& _~.r 11 \\11 .` /SSi,P n ~" ~~~~ J~~~ ~ k: (g H k~ I rl F , y F r o ' ~ :~~~~ ~ ~~ r~~ = ~ _ p § Sa y r _ ' gg I 7e [~v x . ''~ t ~ _ y I~ ° 3'~ ~; ~ :r -~ fax 4 `~'~ j I dA ~ - ~; F y • ~' / p ~ ,~ F7 7r r ~J y f I ~~ l O L. I~ _ ~ 1 ~, j .: ~~. ~ N ~ v J ~~~- ''~Ij 'c !` [ ~. 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Y~Yei ~ ~~ E~ ~ ~ 44a ~°` ecss g ~~~~ i~g~~~~Ca~g~~1~~9~N~~~ E - ppNp s~pp~ayA~ ~~~ zg?f ~~ kE 9 • 444 4p 5g55 r 91% ~u i ~~~ o ~~~~ ~~~~~ ~.~~F U w ~_~_ U ~~, 4 YI U Z O ~ ~ ~~ ]PT _ ~~ 09/1]/06 a~ J(% NO 00058 sit ~ ~ ~ _.,~ ,~~ ~~,, QQ ,,~~'' CITY OF ~../Vl.eY1G>~1G~Y! `1 33 E. Idaho Ave. \\~y Meridian, ID 83642 O O r r r ru ui r O D O r O O W w C"' a ti ~: d ~° o o v N C 2~ Q S 1 C ... ~.ewdetl Miellso ~- ADA COUNTY RECORDER J. DAVID NAVARAO AMOUNT .OD 74 BOISE IDAHO 03129!01 01:49 PM DEPUTY NeauaHaney III'~I'I'I'I'llllll'~I'll~'III~II~II RECORDED-REQUEST OF 107044347 Meridian Ciry AEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Mason Creek LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and __~_~ da of q~ ,, ~~ ~ 2007, by andbetween City o£ Meria entered into this Y -~~~"~ Y-' municipal corporaflon of the State of Idaho, hereafter called CITY, and Mason Creek, LI. whose address is 2060 South Eagle Road, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Ownex/Develaper are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each ownez, 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 WIiEREAS, LC. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 eWIIEREASof OC~ainahirce 11 SB-3, which auothorizeshdevelopment agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Developerhas submitted an applicationfor annexation and zoning of the Property's described in Exhibit A, and has requested a designation of R-8 (Medium Density Residendal), R-15 (Medium High Density Residential and C-G (General Commercial), (Municipal Code of the City of Meridian); and l,g WHEREAS, Owner/Developer made representations Commissiorn hearings both before the Meridian Planning & Zoning andbefore the Meridian City Council, as to haw the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ OS-057 & RZ 05-O 19) BIENVII.LE SQUARE SUBDMSION PAGE 1 OF 12 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designaflon 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 2nd day of May, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit $, which aze 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 g 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 then urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above xecitals are cotttractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (A2.05-057 8c RZ 05-019) BIENVILLE SQUARH SUBDIVISION PAGE 2 OP 12 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 cleaz context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue; Meridian, Idaho 83642. 3,2 OWNERIDEVELOPER: means and refers to Mason Creek LLC, whose address is 2060 South Eagle Road, Meridian, Idaho 83642, the party that owns and is developing said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of. Ada, Cify of Meridian as described in Exhibit A describing the pazcels to be annexed and zoned R-8 (Medium Density Residential), R-15 (Medium High Density Residential and C-G (General Commercial), attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: The use0 dittan a codified atMer dianllnified Development Code § a1ll1~2A 2 and 11 213'2 Zoning which aze herein specified as follows: Construction and development of up to 54 Single Family Residential lots, 22 Multi Family Residential lots, 14 common lots and up to 7 commerciaUoffice lots (to include up to 65,000 square feet of retaiUrestaurant/and offrce uses in the proposed C-G zone) pertinent to AZ-OS-057, PP-OS-059, RZ-OS-019, P5-05-002 and CUP-OS-052 applications. Part of the 25.48 acre site was approved for annexation with a Development Agreement in April, 2004 under the instrument no. Annexation ale no. AZ 03-018).. The DA, 104107406, requires thatany future use be approved either though DEVELOPMENT AGREEMENT (AZ OS-057 & RZ OS-019) BIAPIVII-LE SQUARE SUBDIVISION PAGE 3 OF 12 a site specific CUP application or a Planned Development. A conceptplanforthe overall site was submrtted with the application for informational purposes. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. g, DEVELOPMENT IN CONDITIONAL USE: Owner(Developer has submitted to City an application for conditional use permit site plan dated February 13, 2006, and shall be required to obtain the City's approval thereof, in accordance to the City's Toning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. Except for [he single family lots, all future buildings on this site shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit. 6, CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special cottdiGons: 1. The site has an existing development agreement Instrument No. 104107406. The entire 28.48 acres shall have a new development agreement which shall incorporate the DA from the prior approval of 2003-2004 and include any further restrictions as detailed in this report. 2. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfaze by reason of excessive producfion of traffic, noise, smoke, fumes, glare or odors. 3. That all futare development of the subject property shall be constructed ht accordance with City of Meridian ordinances in effect at the time of the development. 4. That the applicant be responsible for all costs associated with the sewer and water service extension. DEVELOPMENT AGREEMENT (AZ 05-057 & RZ OS-0L9) EIENVILLE SQUARE SUBDIVISION PAGE 4 OF 12 5. That any existing domestic wells and/or septic systems witC ~ O s~P, nalttce will have to be removed from their domestic service, p Section 5-7-517, when services are available frpm the cltya f Mane dr P ,(~ ~. ~ Wells may be used for non-domestic putp ~.. ~ irrigation. G r ~ ortion of the project shall ~ ~ ~ 1$~ 6. That the maximum square footage of the C-G p _ {~ 6 S _ ~,a ~p not exceed a2O% increase or decrease of 540 Tha •th ftnax'~ "~4 are ~ 43,200 sq. ft. and amaximum of 65,000 sq. ortron of the project shall not footage of one single building in the C-G p exceed 32,500 square feet, which is approximately'/Z rf the maximum ~al]owa a commercial square feet on this property ~ /7. JI'hat prior to issuance of any certificate of zoning compliance all U landscaping shall be constructed along the southern and eastern property boundary and alongEagleRoad to thepoint of connecdonwith adjoining projects. The commerciaVoffxcelou should ineludn memon lots~ent easement or be redesigned to include landscaping 8, The applicant has committed a Plan to provide a pathway with specific fencing along the southern and western boundaries. o ~ n14, 2006. shall be constructed as detailed at the public hearing P 9, The applicant has shown several elevations for both the alley accessed residential, condominium, and detached single family residential products. The elevations shall be in substantial~e eertu atioturshall elevations presented atthe /~Prlleatmants ho~eg levations presented to have similar modulation ~eplanningDaector. council as determined by 10. a elevations fot the commercial/office buildings shall substaril 18, comply with the elevations sub ~~ ha 1 oordinate with the d Peloper 2DD6 hearing. Further, the app ~ eazance throughoutboth of Sadie Creek Promenade to create a unified app ~ ^ D ~ l µ ~ ~O s- 0 ~ 3 projects. C/1-L~~ 0 S 052 ~ ~'~ 11. The apaMer7idian~7rrigationDistrichto d fine he lrcation of thet multiuse '"-' ~~y~ Namp pathway, bridge maintenance, and landscaping along the Finch Later DEVELOPMENT AGREEMENT (AZ OSAS7 8c RZ OS-019) EtENVILLE SQi7ARE SUBDIVISION PAGE S OF 12 7. COlyIpLIA,NCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designationreversed, upon adefault ofthe Owner/Developer or Owners/Developershairs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the Ciry has complied with the notice and hearing procedures as outlined inIdaho Code § 67-6509, or any subsequent amendments or recodifications thereof. g, CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: S,1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developerfoils to cure such failure within six (6) months of such notice. q 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 Ciry ordiuance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portiou thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 10, DEFAULT: 101 1n the event Owner/Developer, or OwnerlDeveloper's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or I)I?VELOPMENT AGREEMP.N"r (AZ OS-057 & RZ OS-019) BIENVIII-E SQUARE SUBDIVISION PAGE 6 OP 12 remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 11. gEQilIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or ibis Agreement, including all of the Exhibi or to Ownex/Develaper'scosr, and submit proof of such recording to Owner/Developer, p the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the property by the City Council. It for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. ZONING: City shall, following recardation of the duly approved Agreement, 12. enact a valid and binding ordinance zoning the Property as specified heretn- REMEDIFS: This Agreement shallbe enforceable in any court of competent 13. jurisdiction by either City or Owner/Developer, or by any successor or succesriate~acdon at by the assigns of the parties hereto. Enforcement may be sought by an eepments, conditions, law or in equity to secure the specific performance of the covenants, agx and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default enod Cif the with diligence be cured within such thirty (30) ay p defaulting parry 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 care such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is del res onsible for which are beyond the reasonable control rout limitaaon> acts of such performance, which shall include, civil disobedience, strikes or similar causes, the time for such perfot7nance shall be extended by the amount of time of such delay- D&VBLOPMENT AGREEMF?N'r (AZ OS-057 & RZ OS-019) BIENVILLE SQUARE SUBDMSION PAGE 7 OP 12 14. SURETY OF PERFORMANCE: The City may require irrevocable letters of credit, cash deposits, certified check as allowed under Meridian City Code Section 11-5-C, to insure installation of any unfinished improvements that aze not in conflict with Section 15 of this Agreement. At the City's sole discretion the Owner/Developez agrees to provide surety in the form as required by the Ciry, if necessary. 15. CERTIFICATES OF OCCUPANCY: 15.1 For Residential Developments or for the Residential Phases of Mixed Use Developments: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements within each phase are installed, completed and accepted. Improvements aze defined as those expressly noted in the Conditions of Approval for this development, and all others required by Code. 15.2 For Commercial Developments or for the Commercial Portions of Mixed Use Developments: The Owner/Developer agrees that no Certificates of Occupancy will be issued on any commercial parcel until all l Certefi ates oftOccupancyamay improvements are completed. Temporary be issued by the City on any commercial parcel in which the required improvements have not been installed, completed, and accepted by the City, if the Owner/Developer provides surety pursuant to Section 14 of this agreement. The Owner/Developer agrees that no Permanent Certificates of Occupancy will be issued until all improvements on each commercial pazcel are installed, completed and accepted. Improo al for this are defined as those expressly noted in the Conditions of App development, and all others required by Code. 16. ABIDE $Y ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owne s of Fact and Conclusions of Laws this Development Agreementrand contained in the Finding the Ordinances of the City of Meridian. DEVEi.oPMENT AGREEMENT (AZ 05-057 8c RZ 05-019) BIENVII-I •E SQUARE SUBDIVISION PAGE 8 OF 12 NOTICES: Any notice desired by the parties and/or required by this 17. da s after Agreement shall be deemed delivered if and when personally delivered or three (3) Y deposit in the United States Mail, registered or certified mail, postage prepaid, return recerpt requested, addressed as follows: OWNER/DEVEI-OpER: CTfY: Mason Creek, LLC c/o City Engineer 2060 South Eagle Road City of Meridian Meridian, ID 83642 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Cletk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. ATTORNEY FEES: Should any litigation be commenced between the 18. art. shall be entitled, in additionto parties hereto concerning this Agreement, the prevailing p Y any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdicfion. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. TIME IS OF THE E55ENCE: The pazties hereto acknowledge and agree 19. that time is suictly of the essence with respect to each and every term, condition an provision hereof, and that the failure to timely performlanne t by the other parry so Failing to constitute a breach of and a default under this Agr perform. BINDING UPON SUCCESSORS: This Agreement shall be binding upon 20. and inure to the benefit of the parties' respective heirs, successors, assigns and person Agreement shallbe binding on the OwnerlDeveloper of the Property, each subsequencowner DEV&LOPMENT AGREEMENT (AZ 05-057 & RZ 05-019) 9IENVILLE SQUARE SUBDIVISION PAGE 9 OF 12 and any other person acquiring an interest i n the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement i£ City, iu its sole and reasonable discretion, had determined chat Owner/Developer has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shaA be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration; amendment, change or addition to this Agreement shall be binding upon the patties 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 zesoluuon of City. 22.1 Na 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 Ci[y has conducted public hearitrg(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23 EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ OS-057 & RZ 05.019) gIF-NVn-~ SQUARE SUBDIVISION PAGE 10 OF 12 ACKNOWLEDGMENTS IN WITNESS WIIEREOF, the pazties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER MASON CREEK, LLC ---}.~-- BY: CORY SV A anaging Member CITY OF MERIDIAN BY: f~"JG~~G'G(~(~jJ MAYOR TAIL' ~Y de WEERD ~ ~..gy ~~,,/~ ATTEST: '`\\`~~~DCa ~r~'~9,y'~I I ~ = ~ - c ~, . CITX CLERK _// ~© y,~~T 1~y ? 73T ~ S ,y^ P `. ~,,, ,,, DEVELOPMENT AGREEMENT (AZ OS-057 & RZ OS-019) BIENViLLE SQUARE SUBDIVISION PAGE 1 ] OF 12 STATE OF IDAHO, ) County of Ada, ss On this ~ day of `~ 2007, before me, the undersigned, a Notary Public m and for said State, personally appeared CORY SWAIN; known or identified to me to be the Managing Member of Mason Creek I,LC, acknowledged to me that be 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. ``~~~~ 1~~ u„yl"9~i (SEAL) ya`~ :~~NOTAIi!p': s L~'~C-~„' -° ~ ~ ~ = N ary Pub ' f daho ~.~ .#_ . PUBLIC ~ Residing at: ~ZG'2 -~~~fZo s '•. ;' ~. • My Commission Expires: .,,,,,,," _ IUl2 ,,~~~~i~~~~~lll~~~\\\~~\``r` eotvog~ NorA y vD fir. E NDIBES IsMK'MITHpg STATE OF IDAHO ) ss County of Ada ) On this 2-~~ l~ day of h1 ~,n r/d-~ 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., 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 band and affixed my official seal the day and year in this certificate first above written. <~v lGtq n'1 ~St.~,u (SEAL) Notary Public for Idaho Residing at: ~l~Ylp. ~~~~_ Commission expires: /D ~/C'-!/ _ bEVELOPMF.N'I' AGREEMENT (AZ OS-057 & RZ OS-OI9) BIENVILLE SQUARE SUBDIVISION PAGE I2 OF 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFP REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit Al: Amended Site Plan Dated February 13, 2006 (Red Cliff Development) i N Bienville Square Subdivision Exhibit A Page 1 CITX OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FUR THE HEARING DATE OF 05/02/06 Exhibit A3: Landscape Plan L1.0 (The Land Group) Dated October 13, 2005 :,~,!~,+ ,:. ,~ --~ ~,; ~ n c z m i+ 3 -- . - _~. _ I'3i ~ I ~,~~ 11/~~rw7. BIENVILLE SQl1ARE ~ili-~ ~ ~~Vf1 ~~ll~W~l MERIDIAN.IDAHO_ 1 :.; ~~ --~ : ~: )'~ ~ ~ i' ~ 1 ~~~ i i . ~~~~~ 1, .I'j ~+II~ I' ~ ... :~~ , !4.f~n~,~! i .~ ~ ~~i ~ ~ ~I, l i iii i i 'li ~ i i i~: li i i, iii i ii ' Ali ~ _i,I~ ~~ II,, BienviRe Square Subdivision Exhibit A Page 4 C t ,, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02 6 Exhibit A3: Landscape Plan L1.1(The Land Graup) Dated October 13, 2005 I I I ~:. , Y: ~ f ~ ,.. , ..a;,:.: . = pl ° 11 nil;ls~' ,~~„r~ n ~~1~~k d !;?JSI' c a+fi m ~I! It ~, ~° ~'1 ~~~f4~ ~ '' li ,, i;~ I+li ' 16" ,u,l i11 BIENVILLE SQUARE hIERiD:AN. IDAHO ,. ,.I ,; -~ I I I'I +. BienviEe Square Subdivision Exhibit A Page 5 CTTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 C. Conditions of Approval 1. Planning Department SITE SPECIFIC 1tEQUIItEMENTS-- (Bienville Square) 1.1.1 The preliminary Plat labeled es 1 prepared by Stanley Consultants, with no date, is~apner~oa ed• and the conditions listed hand Conditional Uste Permit (CUF-OSe052) applicat ons shall also be Zoning (AZ-OS-057) Plat. considered conditions of the Preliminary -the south and west 1.1.2 Create an open space lot for the proposed 30-foot wide landscape buffer along boundaries. Said buffer area shall contain mareasaor driveways nAmulti-usDe patltwaBy shall be include impervious surfaces such as parking 13, 2006 and dated February 8, located as depicted on the master site plan submitted February 2006, the construction of the pathway shall comply with UDC 11-3A-8 1.1.3 Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Fagle Road. Depict on the face of the final plat a 10-foot wide landscape buffer along both sides of W- Burbon Street and N. Cajon Court. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.4 The landscape Plan Prepared by The Land Group, labeled Sheets LS 1.1, is not approved with these applications a landscape plan consistent with UDC 11-3B lahall bi~esign the subdivision plat which reflects any changes made to the preliminary p consistent with approved access points. 1.1.5 A detailed fencing plan shall be submitted3 2006 for fbnemg along the Finch lateral-eAltia he<, 2006 and stamped received on February fencing shall remain consistent with the landscape plan dated October 13, 2006. shall be 1.1.6 Prior to issuance of any certificate of occupancy the perimeter landscaping and fencing installed or a surety agreement shall be in place. Construction or bonding for the multi-use pathway shall also be completed prior to issuance of any certificato of occupancy for Bienville Square Subdivision. 1.1.7 With the fmal plat application, submitted revised copies of the landscape plan with the changes listed above. 1 1 8 Maintenance of all common areas shall be the responsibility of the Bienvilke Square Subdivision Business/fiome Owners Association(s). ub]ic right-of- 1, Any roof-mounted mechanical equipment will be screened from view from any p way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.10 The applicant shall comply with the outdoor lighting standards shown in UDC 11 do rslmeasured 1.1.11 The awnings on the east elevations shall extend at~casfo0the retail buildings. he applicant sha4 from the building face to the outer edge of the awning fiance with tlds submit a drawing at the time of CZC application submission to demonstrate comp condition. 1.1.12 omply with UDC 11-3A-12 regarding a screen for the refuse/service area. CITY OF MERMAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02!06 1.1.13 No irrigation PAP station or facility is shown on the Site Plan. however, if one is proposed for the site, it must be located outside of any requtred street buffer' Impious surfaces are prohibited in said buffers. lat all existing structures shall be removed 1.1.14 Prior to the City Engineer's signature of the final p ' from the site. uareSubdivision. All 1.1.15 Provide cross accessleross parking agreemont(s) for all lots in 13ienville Sq cross access drive aisles shall only approach the ACHD approved paints of access to the public street system. Maintenance of the aisle and parking arras shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. ~ H,D direct lot access 1.1.16 Other than the points of access approved by ACRD, City of Meridian, to Eagle Road, is prohibited. A note shall be placed on the final plat restricting access to Eagle Road. The planning commission supports the access point to Eagle Read as shown on the sire plan stamped February l3, 2006. 1.1.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans wtth Disabilities Act and the Fair Housing Act. 1.1.18 Applicant shall be responsible for application and compliance with anal NFDES Pemuttmg that maybe required by the Environmental Protection Agency, D arpnent for all building 1.1.19 Compaction test results shall be suWhere footling wou d s tatop fill matanal. pads receiving engineered baclcfill, GENERAI- ~Q~MI;A1T5--PRELIMINARY PLAT 1.1.20 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuarn to City Code. 1.1.21 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.22 All areas approved as open space shall be free of wet ponds or other such nuisances. stormwater detention facilities incorporated into the approved open space are subject to UDC 1 - ve elated with grass and trees. Saud, gravel or other non-vegetated 3A-18 and shall be fully g roved o en space and still surface materials shall not be used in open space lots, except as permitted under UDC 11-3A-1 . If the stotmwater detention facility cannot be mcorpo lmie~hall relocate the Facility. This may meet the standards of UDC 11-3A-18, then the app require losing a developable lot or developable area. It is the respeo~itrrrb intents at the developer to comply with ACRD, City of Meridian and all other regulatory q time of final construction. lat a hcation for the licant shall submit a detailed fencing plan with the final p PP to contain 1.1.23 The app construction fencing subdivision. If permanent fencing is not provided, temporary ertnit. All fencing debris must be installed azound the perimeter prior to issuance of a building p should be installed in accordance with City Code. shall be replaced by installing 4" in caliper that is removed from the grope h of trees that were removed: 1.1.24 Any tree over additiortal trees, being the equivalent number of capper tnc e Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. i ~ .CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OP OS/02106 s, intersecting, crossing or tion ditches, laterals or canals, exclusive of natural waterway ess otherwise 1.1.25 All irriga bein subdivided shall be tiled, aril ly,~g adjacent and contiguous to the azP ~ Will need to be approved by the appr° ~ r approved by the Irrigation District(s). with written appro e district, or lateral users associatioe t ~If l ~ ~ users association approval can irrigation/drainag En eer prior to final non-approval submitted to the Public Works Dep roved by the City gin not be obtained, alternate plans will be reviewed and app plat signature. of the approved to cite specific ordinance provisions or terms ltcant of responsibility for compliance. 1.126 Staffs failure artnexation/conditionalase does not relieve the app rovisions set forth m UDC 11-6A. 1.1.27 PrehmmarY Plat approval shall be subject to the expiration p 2. PublleWorksDepartment s lannedin sewer service to this developm~lt is being proposed via extension of main p entl there is no sewer adjacent to this site and the City of 2.1 Sanitary Sadie Creek Subdivision. Cwt Y Meridian does not guazantee service in the timelines outhned m the UD ~ shall coordinate main 2,2 The applicant shall install all rnams necessary to provide service; aPP - size and routing with the Public Works Department, and execute standard forms of easements far any mains that aze required to provide service. Mummum cover over sewer mains is three feet, if cover fmm top of pipe to sub-grade is less than three feet than altomrad S ~ fi atio s~ be used in conformance of City of Meridian Public Works Departments Standar p Water service to this site is being proposed via extension of mains in Saris drevelopment, ion- 2.3 onsible to install water mains to and through The applicant shall be resp with public Works. coordinate morn size and routing a Road with a 10-inch 2 4 The apphcant shall be required to connect to the existing main m N- Eagl main. 2.5 The applicant shall provide a 20-foot easement for all pie easements shall not be dedicat du~lac right of way (include all water services and hydrants). the plat. The description shall be consistent with the graphically depicted easements on the Plat but be recorded as a separate document using the City of Meridian's standard forms- Submit an executed easement (supplied by Public Works), a legal descrip[ion, which mustand distan es area IT A) and an 81/2" x 11 'map with bearing ed and dated by a of the easement (marked EXHIB lot referencing thrs (marked EXIIIDTT B) for review. Both exhibits must~bea ~~ o the P or. DO NOT RECORD• Professional Land Survey s in this document. o crate the pressure irrigation sy tern laps and specifications will 2.6 The applicant has not indreated who will own and P tan review. A "draft proposed development. If it is to be mau~n~t ewe s p~ f ~e construction P tan a royal with the be reviewed by the Public Works Dep ~ riot top PP • P , erations and maintenance manual wlalre onhtemlas[ Phase of this protect. of the op c final drab+' being required prior to final plat signs If it is to be owned and mamtamed by an Irrigation District then evidence of a license agreement shall be submitted Prior to scheduling of apre-construction meeting. ear-round s that pressurizedvtrigation systems be supplied by a Y aired to use any existing surface or 2-7 The City of Meridian require a single-point source of water (MCC 12-13-8.3). The applicant should be req well water for the primary source. If a surface or wel~ea If ors' gle-pointconnection is utilized, water system shall be requ riot to connection to the culinary a ent of assessments for the common areas P the developer will be r 1 P b theeCiry Engine~er• signature on the final p Y CITY OF MERTDIAN P4ANNING DEPARTMENT STAFF REPORT FOR THEHEARING DATE OF 05/02/06 2 $ All existing structures shall be removed prior to signature on the final plat by the City Engineer. exclusive of natural waterways, intersecting, crossing or subdivided shall betiled per UDC 11-3A-6. 2 q All irrigation ditches, laterals or canals, lying adjacent and contiguous to the area being ation/drainage district, or lateral users association plans shall be approved by the appropriate irrig (ditch owners), with zNT1ttan approval ornon-approval si emat plans s~ be W~°~w~e~'a men . If ]ateml users association approval can t be obtained, lot signature. approved by the Meridian City Engineer prior to final p Any existing domestic wells and/or septic systems within this PLO]eCt shall be removed from er City Ordinance Section 9-1-4 and 9-4-8• Wells maY be used fox non- 2.10 domestic service p ation. d°mestic purposes such as landscape ilrig a from the proposed private streets will be hcant has not indicated how th a State of Idaho licensed architect or engineer is required 2.11 The app elan designedby for all off-street pazldng areas disposed. A drainag P eer (Ord. 557, 10-1-91) and shall be submitted to the Crty Engm osal shall be designed in accordance with and private mods. Storm r+'ater trearmen997 p bslcation Catalog of Storm Water Best olicies. Department of Environmental Qu Y of Meridian standazds and p urisdietion which has authority over M~gement Practices for Idaho Cities and Counties and Crty ~ approval. The Off--site disposal into surface water is Prohibited unless the J rovides written authorization prior to development p ant of Water the receiving stream P ~ ^ecessary applications with the Idaho Departm applicant is responsible for filingcetion Wells. Resources regarding Shallow Inj fencin installed, are to be in place, water system shall be approved and activated, $ road base approved by the Ada County Highway District and the Frnai 2.12 Street signs ernrits. drainage lots constructed, riot to applying for building P Plat for this subdivision shall be recorded, p ed foz all uncompleted 2.13 A letter of credit or cash surety in the amount of 110% will be requu ties, pressurized irrigation, sanitary sewer, water; etc., prior to fencing, landscaping, amem signature on the final Plat. macro-paths, rovements, including but not limited to sewer, fencing°to obtaining 2.14 All developmen atmzP and landscaping shall be installed and approved p pressurized ring construction certificates of occupancy. a public Works development Plan review, arrd the final plat ed to p Y lan review process, Prior to signature on 2.15 APPlicant shall be requir ed during the p inspection fees, as determin 1 with per Resolution 02-374• licant to ensure that all development features comp Y 2.16 It shall be the responsibility of the apP Act. the Americans wrth Disabilities Act and the Fair Housing 2 17 Applicant shall be responsible for application and compliance with and IdPDES Permrttin$ that „may lie required by the Environmental Protection AgencY• Section 404 Permitting 2 18 Applicant shall be responsible for application and compliance with any that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailb~ lnonc d n ~ nfortinan e with MCC lOlff-r12-3H. 2 20 All grading of the site shall be p D artment for all building 2,21. Compaction test results shall be submitted to the Meridian Buil g eP en ineerred backfill, where footing would sit atop fill material. pads receiving g inset shall be required to certify that the street centerline elevations are set a rttimmturt of 2 22 The eng est established peak groundwater elevation. This is to ensure that the bottom 3-feet above the high CITY of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OS/°2106 elevation of the crawl spaces of homes is at least 1-foot above. uued at locations designated by 2 23 One hundred watt, high-Pressure sodiutu streetlights shall be req the Public Works Department. All streetlights shall be installed at subdivider s expen~~l~ ~~ locations are at street intersections and/or fire hydrants. Final design locations and q determined alter Power designs are completed by Idaho Fower Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3, Meridian Fire Department 3.1 Acceptance of the water supply £or fire protection will be by the Meridian Fire Department and water quality by the 1Vleridian Water Department for bacteria testing. gam] Approval of the fire hydrant locations shall be by the Meridian Fire Department- drams shall have the 4'h" outlet face the main street orparking lot aisle. 3.2 a. Fire Hy b. The Fire hydrant shall not face a street whicP b~ ~o h~a Spe d~~ses on rt. c. Fire hydrant mazkers shall be provided p d. Locations with fire hydrants shall have the curb painted red 10' to each side °£ the hydrant location. ermits. e. Fire Hydrants shall be placed onVertical obstructions w outlets within 10'. £ Fire hydrants shall not have any g, Fire hydrants shall be place 18" above finish ~auements of the IFC Section 509.5. h. Fire hydrants shall be provided to meet the requ 3.3 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide at least a 20'~w~deDFScetion D103 6 Sitgns al roadways all roadways shall be marked in accordance with ApP 3.5 Fire lanes and streets shall have a vertical clearance of 13'6"• Tlvs t~a~ccess oadsuwith angall 3.6 Operational fue hydrants, temporary or permanent street signs ton site. weather surface are required before combustible construction is brough Commeroial and office occupancies will require a fire-flow consistence APP n~ D rational Fire 3.7 r osed project. Fire hydrants shall be placed p Code to service the p op t ~ volumes. 3.8 The new commercial lot will have an unknown impact on Meridian Fire Departmen ailment kiss experienced 2612 responses in the year 2004. According to a Aire & Emergency Services Consulting Group our requests for service are The Meridian Fire Dep report completed by ear 2005 and 3800 by the Year 2010. projected to reach 2800 in the Y 3 9 The fire department requests that any future signalization installed as the result of the development of this protect be equipped wrtb Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. Tkds cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from the building to the trash dumpster enclosure. CITY OF MERLDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARCNG RATE OF 05/02!06 3.11 Provide a I{noxbox entry system fat the complex prier to owupancy. 3.12 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.13 The Fire Dept. has concerns about the ability to address the project and have the addresses visi le 898-5500)to from the street which the project is addressed off of. Please contact Vicki Heugly address this concern prior to the public hearing. 3.14 Provide exterior egress lighting as required by the Tntetnational Building & Fire Codes. 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 Where a portion of the facility or building hereafter constructed or moved into ar vcnthm the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route azound the extenior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed m accordance with Section 903.3.1.1 or 903.3.1.2 the distance requrrementshall be 600 feat (183). For Group R-3 and Group 1I occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed m accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). q, PolieeDepartntent ~ cut-tluoup~t traffic. The applicant 4.1 The proposed plat and/or site design encourages high-sp desi to decrease sh~l work with the Ada County Highway District to provide traffic calming gn travel speeds on Sadie Creek Avenue. ublic street. Prior to the next public 4,2 The proposed drive through has lumted visibility from a p visibilit hearing, the applicant shall meet with the Police Chief to discuss methods of increasing Y to the facility. _ 4.3 The proposed development and/or plat do he a fflicant shall meetrw~th the Poliote Chief and/or public azeas. Prior to the next public hearing, PP but not limited to: doors and Planning Staff to discuss features that increase visibility, including to ni ttime lighting. The windows that look out on th 1 nubhall be revised m accord wanith th°s~iscuss uns• site plan and/or landscaping p 4.4 The proposed after-hours walk up facility (e.g. ATM) has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.5 The loading areas shall be separated from all public parking areas. g, Parks Department g_ 1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance I1-3B will be followed. s ? CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02(06 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance 5.3 Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate shaA be placed in a 6 oO0 ~ bcont ct Meridian P ks ande box with a steel grate frame set in concrete. Prior to CZC app Recreation Aepartment for specifications and tree box construction drawings. 6, Sanitary Service Company ro osal and submit 6.1 Please contact Bill Gregory at SSC (886-3999) for detailed review of Y~ ationp stamped (approved) plans with your certificate of zoning compliance app • ~, ACHD Site Speclfrc Conditions of Approval ro ert line. Transition the roadway t-of-way, 7.1 Extend Sadie Creek Avenue into the site from the no p P from a 40-foot commercial street section to a 36-foot wide street within 50-feet of righ with curb, gutter and 5-foot wide concrete sidewalk. ~,2 Sadie Creek Avenue north of this site to Ustick Road will need to be constructed and dedicated prior to, or in conjunction with final plat approval for this site. ~,3 All local streets in the subdivifi~o and $ oot wide oncrete sidewalkstre~ sections within 50-feet of right-of-way with curb, gu ~ 4 The proposed alley maybe constructed as a Public alley if it is paved 16-feet wide within 20-feet ofright-of--way. OR The proposed alley maybe constmcted as a private drive/street, if it is signed accordingly. ~ 5 Bourbon Street shall terminate in.a culdesac and shall not extend to SH-55. ~ 6 public road access to SH-55 is prohibited. 7,~ Provide a letter from ITD stating required rrnprovements and access decisions. ~,g Comply with all Standard Conditions of Approval. Standard Conditions of Approval ~ 9 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.10 Private sewer or water systems are Prohibited from being located within any ACHD roadway or right-of-way the site shall be 7,11 All utility relocation costs associated with improving street frontages abutting borne by the developer. 7,12 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development- Contact Construction Services at 387-6260 (with file number) for details. (~ l r,. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 7.13 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.14 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. 7.15 The applicant shall submit revised plans For staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.16 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.17 Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.18 It is the responsibility of the applicant to verify all existing utilities withintheright-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) aze compromised during any phase of construction. 7.19 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.20 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 subj cet 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. ~~E' MAN°^~ Planning Department a ~ ~, ~, . ALTERNATIVE COMPLIANCE ~ Application Checklist Pro'ectname: k- ~~ - - File#:a'L.T-~ ~~(~ y A licanUa' ent: ~ ~ - ~ - All applications are required to contain one copy of the following unless otherwise noted: Applicant Description Staff (~~ (~) Completed & signed Administrative Review Application (If also submitting a camm~renl application fora prelirniwry plat or condiriona/ use permit, the Alternmive ti R i li ca on ev ew app Compliance request will be processed along wish Ihnl application. Therefore, an Administrative is nor necessary in /his case; just check the Ahemalive Compliance box on Commission & Council Review A Iicalion and submit the information below.) Narrative fully describing the proposed request including the following: - The specific requirements that aze proposed to be modified - Address the reason why strict adherence or application of the requirements aze not feasible - Demonstrate how the proposed alternative means for compliance with the specific requirements provides an equal or superior means of meeting the intent and purpose of the regulation - An su orting documentation or Tans Fee ~~ THIS APPLICAT/ON SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. 33 E. BroadwayAvenue, Suite 210 • Meridian, Idaho 83642 _ Phone: (208) 884-5533 • .Facsimile: '(208) 888-6854 • Welisite: www:meddiancity.aig (Rex]]/4/08) - - (~f E IDIZ IAN,:--- ~J Planning Department. DESIGN REVIEW ~ Application Checklist Pro'ect name: ~ ~f . Concurrent-File #: A licanUa ent s (rtrl - $ l All applications aze required to contain one copy of the following: Applicant '~) Description Staff ('j) Completed and signed Administrative Review Application (If also submitting a concrtrrent application for Conditional Use Permit, design review will / be processed along with that application. Therefore, an AdminisU~ndve Review ayplication is not necessary in this cnse; just check the Design Review box on Commission & Council Review A lieation and submit the information below.) Provide in a narrative letter, how the proposal meets the following standazds: 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along~a minimum of twenty percent (20%) of the length of dre facade. b. Primary public entrance(s): The primazy building entrance(s) shall be clearly defined by the azchitectural design of the building. Windows, awnings, or arcades shall total a minimum of 30% of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variafions: At ]east two changes in one (or a combination) of the following shall be incorporated into the building design: color, texture and/ materials. - e. Mechanical equipment: All ground-level and roofrop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance ofhigh-quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or texmred masonry block, texmred architectural coated concrete panels, tinted or textured masonry block,or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels ue prohibited except as accent materials. 3. Parking Lo[s: No more than 70% of the off-street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight Feet in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary stmcmres. b. The internal pedestrian walkway shall be distinguished from the vehicu]az driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet in width, shall be provided for any aisle length that is greater than .. 150 pazking spaces or 200 feet away from the main building entrance. d. The walkways shall have weather protection (including but not limited [o an awning or arcade) within 20 feet of all customer entrances. A complete set of scaled building elevations, with building materials, colors and textures / specified Reductions of [he elevations (8 %z" x 11") / Fee All requests for design review approval must meet the procedures set forth in UDC 11-5 and the criteria set forth in UDC II -3A- I9 or the document "Downtown Meridian Design Guidelines", as applicable. APPLICATIONS W/LL NOT BEACCEPTED IINLESSALLAPPLICABLE ITEMS ON THE CHECKLIST ARE SUBMITTED. 660 E. Waleriower Lane, Suite 202 • Meridian, Idaho 83642 ~ - Phone: (208) 884-5533 • Facsimile: (208) 888-6854-• Websile: www.meridiancity.org. - - (Rev. 4/4/08) - - l ~E IDR IAN;<- ~J Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Description leted&si neaAUnn,uaua,=~~°-~-- ativefully describing the pevPous a u royals o pregttirementsuforghe requested use - lnformation on any p _ , PP no„Plnnment Aereement) ~ property owner (If owner is a corporafion, ___.__.. e., onrhnri~ed aeen A ph ~/~ or m Co Add ' 5501 Site The e Com an a ro li lht fixture(s) with a maximum output of 1,8001umens test report for any g DC 11-3A-11) _, ,,,,,,,_,,,,~ ication and utility service let copies (folded to 8 r/z" x 11" (See /• Date, scale, north azrow, ana ru ccr ~~•_~~~ ~°-~••- ~~- ~+ Names, addresses, and telephone numbers of the developer and [he person and/or - -,.._ Locat tfications fox no ~' Calculations table including the followtng: - /Number of pazking stalls required & provided (speafy handicap ~ compact staus) - /Building size (sq. ft.) - /Lat Size (sq. ft.) - /Setbacks - / Zonin district • Reduction of the site lan (8 ''/z" x 11") Landscape plan - 3 copies (folded to 8 r/z" x 11" s z0) is r erred) and be on a standard Plan must have a scale no smaller than 1 " = 50' (Y' = P ~ ~s entirety on a shtgle shee~must be drawn with appropriate march 1 n s on two or nwre shee sn in The followin items must be included on the landsca a lan: .. Date, scale, north arrow, and ro"ect name on s srarsr mnd ittlgation (Pressurized irrigation can only be ,~ Location of ro osed buildin On lot (include dimensions to • FOnein (proposed and ertisting) 660 E. Watenower Steeet, Suite 202 • M~°dWebsdrteh wwwb meridianci[y.org Phone: (208) 884-5533 ~ • ~ Facsimile: (208) 888-6854 ~ ~ ~~ y All applications aze required to contain one copy of the following unless otherwise noted: Staff / • Names, addresses, and telephone numbers of the developer and the person and/or firm re azin the tan - • Stamp/signature of a landscape architect, landscape designer, or qualified nurser man re azin the tan • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood 18ihs; hi h rodndwater areas; and rock ou[cro in s . species of all.existing trees on site with trunks 4 inches or • Locatioq, size, and , greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed • A statement of how existing healthy trees proposed to be retained will be rotected from lama a durin construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading azeas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, si ns, street furniture, and other man-made elements • Existing and proposed contours for all azeas steeper than 20°k slope. Berms shall be shown with one-foot contours • Si ht Trian les as defined in 113A-5 of this ordinance • Location and labels for all proposed plants, including trees, shrubs, and grOnndCOVerS(irees mus[not be planted in City water or sewer easements). SCale S110WI1 fOr lant materials shall reflect a roximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, II, or III), and comments (for s acin , stakin ,and installation as a ro riate) • Planting and installation details as necessary to ensure conformance with all re aired standazds • Desi n drawin (s) of all fencin ro osed for screenin ur oses • Calculations of project components to demonstrate compliance with the • requirements of this ordinance, including: - Number of street trees and lineal feet of street frontage - Width of street buffers (exclusive of right-of-way) - Width of parking lot perimeter landscape strip - Buffer width between different land uses (if applicable) - Number of parking stalls and percent of parking azea with internal landscaping - Total number of trees and tree species mix - Mitigation for removal of existing trees, including number of caliper inches bein removed Reduction ofthe landsca a tan (8 r/z" x 11") Buildin elevations showin construction materials ( If applying for approval of a public school, provide additional information as required by ~A the Public School Facilit su lemental checklist er §67-6519 Fee (If this ro'ect had rior a royal on a site tan, reduced fees ma a ly) ACRD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance ofa building permit. If any changes must be made to the site phm to accommodate the ACRD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Departmentfor approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UN77L STAFF HAS RECEIVED ALL REQUIRED INFORMATION. ~~E IDIAN~- t®Raio Planning Department DESIGN REVIEW ~ Application Checklist All applications aze required to contain one copy of the following: Appltcant __ _____ - ~ Descriptron - = Staff / Completed and signed Administrative Review Application V (If also submitting a concurrent application for Conditional. Use Permit, design review will be processed along with that application. Therefore, an Administrative Review application is not necessary in this case; just check the Design Review boz on Commission & Council ~ ReviewA plication and submit the information below.) - Provide in a narrative letter, how the proposal meets the following standazds: 1. Architectural Character. a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primazy public entrance(s): The primary building entrance(s) shall be cleazly defined by the architectural design of the building. Windows, awnings, or Fcades shall total a minimum of 30% of the facade length facing a public street - c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two or mare roof planes; d) vazying parapet heights; and e) cornices. _ d. Pattern variations: At least two changes in one (or a combination) of the following shall be incorporated into the building design: color, texture and/ materials. - e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to ~' the height of the unit as viewed from the property line. ,- 2. ~olor and materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. - - 3. Pazking Lots: No more than 70% of the off-street pazking azea for [he structure shall be located between the front facade of the stmcture and abutting streets, unless [he principal building(s) and/or pazking is/aze screened from view by other structures, landscaping and/or bemrs. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained cleaz of any outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from [he vehiculaz driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet in width, shall be provided for any aisle length that is greater than _, _. 150 pazking spaces or 200 fee[ away from the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) '. within 20 feet of all customer entrances. V A complete set of scaled building elevations, with building materials, colors and textures s ecified Reductions of the elevations (8 r/z" x 11") Fee All requests far design review approval muss meet the procedures set forth in UDC !!-5 and the criteria set forth in UDC 11-3A- 19 or the document "Downtown Meridian Design Guidelines ", as applicable. APPLICATIONS WILL NOT BE ACCEPTED UNLESSALL APPLICABLE ITEMS ON THE CHECKLIST ARE SUBMITTED. 660 E. Watertower Line, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 4/4/OF)