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Overland Village AZ 08-001ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .CO 11 BOISE IDAH012-p1109 03:14 PM II I I I II II I II I I II II I I II I IIIIi 11 l l l I III OEPUTY Vea Ban RECORDED-REQUEST OF 1E1"~1~41~'9 Maridlan Clay DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Cameron S-Sixteen Retail, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this o?~`' day of , 2009, by and between City of Meridian, a municipal corporation of the S to of Idaho, hereinafter called City, and Cameron S-Sixteen Retail, LLC, 755 W. Front Street, Ste. 300, Boise, Idaho 83702, hereinafter called Owner/Developer. 1. RECITALS: 1.1 WHEREAS, Owner/Developer 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", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, § 67-6511 A, 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 Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-SB-3 of the Unified Development Code("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property, requesting a designation of C- G (General Retail and Service Commercial) (Municipal Code of the City of Meridian) under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 1 OF 11 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 17~` day of February, 2009, the City Council has approved Findings of Fact and Conclusions of Law and Decision and Order (the Findings), which have been incorporated into the text of this Agreement; 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 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; 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 Agreement, herein being established as a result of evidence received by 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 UDC, 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 -OVERLAND VILLAGE (AZ 08-001) PAGE 2 OF 11 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 Cameron S-Sixteen Retail, LLC, 755 W. Front Street, Ste. 300, Boise, Idaho 83702, the party that owns and is developing said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re-zoned C-G (General Retail and Service Commercial). 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved C-G zone under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. All future development of the Property shall comply with City of Meridian ordinances in effect at the time of development. 2. The site and buildings on the site shall comply with all of the design review standards listed in the UDC. A Design Review application shall be submitted with the CUP or CZC application (whichever occurs first) for all future buildings on this site. 3. The detailed site plan and building elevations submitted with any CUP andlor CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit "B" and with the requirements of this Agreement. Upon build-out, the development shall include a minimum of 2 and a maximum of 4 buildings on this site. No footprint for a single building shall exceed 20,000 square feet. Further, no building shall exceed 4 stories in height, with a maximum height of 65 feet. DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 3 OF 11 4. Owner/Developershall beresponsible for all costs associated with sewer and water service installation, subject to any latecomer's reimbursement as allowed by City Code. Any drive-thru establishment proposed on the site shall be subject to Conditional Use Permit approval. 6. Direct access to/from this site from Eagle Road shall be prohibited. Access to the site shall be provided from one full access point to/from Overland Road via S. Rackham Way and one right-in access point to the site from Overland Road, as depicted on the conceptual site plan. The Rackham Way access may be limited to right-in/right-out only in the future. 7. Prior to the first occupancy permit being granted, a minimum 35-foot wide landscape buffer will be required and shall be constructed along the entire frontage of E. Overland Road and S. Eagle Road, in accordance with UDC 11-3B-7. 8. A minimum 10-foot wide landscape buffer will be required and shall be constructed along the entire frontage of S. Rackham Way in accordance with UDC 11-3B-7 and as shown on the approved site plan in Exhibit B. 9. Prior to the first occupancy permit being granted, a 10-foot wide multi-use pathway will be required on this property in accordance with the Master Pathways Plan. Said pathway should connect to the Eagle/Overland intersection and the relocated Rackham/Overland intersection, and continue to the east. Exact location of the pathway shall be coordinated with the Parks Department. Owner/Developer shall provide written documentation from the Parks Department with the first CZC application, approving the pathway design and location. 10. If not existing, sidewalks shall be constructed along S. Eagle Road, E. Overland Road and S. Rackham Way. 11. In lieu of providing a stub street from Rackham Way to the west easement boundary of the Eight Mile Creek, Owner/Developer shall be required to dedicate property (equal to the area originally proposed for a stub street) to ACHD for possible expansion of the park and ride lot if ACHD determines, within 6 months of approval of the DA by City Council, that this property will be beneficial to expand the park and ride facility and will be used for those purposes. If ACHD determines that the property is not needed, then the applicant has no obligation. The applicant shall submit a letter from ACRD of their final determination on this matter within this six month period. 12. Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 4 OF 11 13. The Five Mile Creek, which runs along the north boundary, and the Eight Mile Creek, which runs along the east and north boundaries of this properly shall be protected through the development process, in accordance with the Comprehensive Plan. Improvements along the creeks are encouraged as development amenities. 14. Owner/Developer shall work with ACRD to vacate the existing Rackham Way right-of--way and relocate any utilities accordingly. 15. Owner/Developer shall complete all required improvements prior to obtaining a Certificate of Occupancy for any new use or change in use of the site. 16. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. 17. All future construction/uses on this site should comply with the provisions of City Code in effect at the time of submittal. 18. In an effort to ensure emergency access to the site, Owner/Developershall be required to complete the following, prior to occupancy of any structure on the site: 1) Install a "Do Not Block Intersection" sign with a flashing beacon within the street buffer at the Rackham Way/Overland Road intersection. The flashing beacon will be coordinated with the Overland/Eagle intersection through an Opticom device, and will only flash when activated by emergency service providers. When an additional access is constructed east of Rackham Way that will also serve this site, the beacon may be removed; and 2) Paint "Keep Clear" on the pavement on Overland Road at the same intersection. 19. Owner/Developer shall pay a proportionate share of the cost of construction of a vehicular connection (bridge) across the Five Mile Creek in the amount of $34,141.80 based on the calculations shown in Exhibit "C". A surety, without a sunset clause, in a form acceptable to the City Attorney shall be submitted prior to the first Certificate of Zoning Compliance being issued for the Property. 20. Owner/Developer shall provide a stub street or drive aisle to the east on the Property, near Pad C on the narrow section of the Eight Mile Creek, within the cross-access range shown on Exhibit "B". The bridge connection over the creek is not required to be constructed by the Owner/Developer. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement must be fully signed and notarized within one (1) year after the date of the Findings or it is null and void. DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 5 OF 11 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either parry's failure to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developershall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, 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. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developershail be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that 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. 7.5 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 default and defaults waived and shall neither bar any other rights or DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 6 OF 11 remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. REQUIREMENT FOR RECORDATION: City shall record 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 annexation and zoning of the Properly by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, City shall execute and record an appropriate instrument of release of this Agreement. 9. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. SURETY OF PERFORMANCE: Subject to the limitation set forth elsewhere in this Agreement, City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC to insure that installation of the improvements that Owner/Developer agrees to provide. 11. CERTIFICATE OF OCCUPANCY: The Owner/Developeragreesthat no Certificates of Occupancy will be issued until all improvements (but not necessarily all buildings intended for the site) are completed, unless the City and Owner/Developer has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 13. 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: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: OWNER/DEVELOPER: Cameron S-Sixteen Retail, LLC 755 West Front Street, Ste. 300 Boise, ID 83702 DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 7 OF 11 City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Gary Allen Givens Pursley LLP 601 West Bannock Street Boise, ID 83702 13.1 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. 14. 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. 15. 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 party so failing to perform. 16. 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. 17. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each parry shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 18. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceeding. DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 8 OF 11 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/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. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. 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 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. [End of text; Signatures with Acknowledgements and Exhibits A-C follow.] DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 9 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: ERON S- ~ TEEN TAIL L ~ C L.LC ~ By. ~ i ~~~`""'"~"'"~~~~ITY OF MERIDIAN ~,a~rF -. °B = $E~L Mayor T y de Weerd 9 ~ ~ ~ .~ ATTEST: ~'%,~9~q T ~s~ • ~®Q, \`~~~~• ~ . Jaycee L. Holman, City Clerk DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 10 OF 11 STATE OF IDAHO, ) ): ss County of Ada, ) On this ~~t~ day of ~~.~~ ,~ 2009, before me, the undersigned, a Notary Public in and for said State, personally appeazed l~e~~ .~ ~ ~ ~s /,e ., . known or identified to me to be the ,(~~ ~.ti/ .~,:.~Seameron S-Sixteen Retail, LLC, 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. ~`,e'ao's'~r~~®,® 0 '~~ ~~...v.... ~ t%. ®®® (SEAL) ~~ ~JF•~pTAR '~'.l °s Y ~° m ®® 's ' pUBUG s '•• ~ O ®~ ®®'e~,B~q~ QFa\~P®m®® ~~~'APeePaee~ha® o Public f aho Residing at: ~~rx ~-e l /`~ My Commission Expires: ~, ~ ~ ~ zv ~ ~ STATE OF IDAHO ) ss County of Ada ) ~ ~{ - day of ~(dv~},~- , 2009, before me, a Notary On this ~' 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 yeaz in this certificate first above written. r ••~~~~• • •,,•q 1CA J~•.• (.~ . ~,~ ~,~ ~ tary Publi or Idaho R siding at: u rw~ ,~hv s ~ e • • Commission expires: Jan y . ~o l~ ~ ~~1-.y ~BLiG : p•~ ••~ OF IUQ'e~' ••....•• DEVELOPMENT AGREEMENT -OVERLAND VILLAGE (AZ 08-001) PAGE 11 OF 11 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (j~~E IDIZ IAN~.- ~J In the Matter of Annexation and Zoning of 9.06 Acres from the RUT and Rl (Ada County) Zoning Districts to the C-G (General Retail and Serntce Commercial) Zoning District; and Vacation of the Existing Right-of-Way of S. Beckham Way, by Relo Development. Case No(s). AZ-08-001 & VAC-OS-001 For the City Council Heating Dates of: August 5, September 2, and 23, October 28, and December 2, 2008. (FSmdings on the February 17, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 2, 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 current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be 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-08-001 &VAC-08-001 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval 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 and Development Agreement provisions in the attached Staff Report for the hearing date of September 2, 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 and Zoning request as evidenced by having submitted the legal description and exhibit map stamped and dated December 20, 2007, by Jeffrey H. McAllister, PLS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of September 2, 2008, incorporated by reference. 3. The applicant's request to vacate the existing right-of-way for S. Beckham Way is hereby approved subject to ACHD's approval. D. Attached: Staff Report for the hearing date of September 2, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). AZ-08-001 & VAC-08-001 _ 2 _ B ction of the City Council at its regular meeting held on the '~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCII, MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED --- (TIE BREAKER) ```,`~~,,,,~May~Q,r~Tammy de Weerd .~ y O ''~, Attest: `.~`~~ ~~~ ~'''; r~ '~ Jaycee Ho City Clerk ~ ~._ ~9.. .~,P .• Copy served upon Applicant, Public Works Department and City Attorney. By: ,~, ~ ",11,~/~'~1/"~- Dated: p2"~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-0OI & VAC-08-001 - 3 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 STAFF REPORT HEARING DATE: September 2, 2008 E IDI~N~- TO: Mayor & City Council ~ ~ ~ ~ ~ FROM: Sonya Wafters, Associate City Planner (208) 8845533 SUBJECT: Overland Village • AZ-08-001 Annexation and Zoning of 9.06 acres from the RUT and Rl (Ada County) zonuig districts to the C-G (General Retail and Service Commercial) zoning district • VAC-0S-001 Vacation of the existing right-of--way of S. Beckham Way Since the time this application was ordginally scheduled to be heard by the Commission on February 21s; the concept plan has been revised several times due to emergency access issues to the site. The sta„~`' report has been revised to reflect the latest concept plan that is included in Exhibit A. ACED has also agreed to work with the Fire Department to ensure adequate emergency response to this site (see letter from ACfID in Exhibit B). As of the print date of thas report, the Fire Department has not yet submitted comments on the revised plan and ACFID's defter. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Relo Development, has requested Annexation and Zoning (AZ) approval of 9.06 acres from the RUT and Rl (Ada County) zoning districts to the C-G (General Retail 8c Service Commercial District) zoning district. Concurrently, the applicant is requesting to vacate the existing right-of--way of S. Beckham Way. The subject property is located on the northeast corner of E. Overland Road and S. Eagle Road, in the southwest % of Section 16, Township 3 North, Range 1 East, B.M. The subject property is within the City's Area of Impact and Urban Service Planning Area. Approval of the subject AZ application would allow the applicant to obtain a commercial zone and develop the property with retail, office and restaiuant uses in the future. The Applicant has not submitted a subdivision application at this time but intends do so at a later date. However, the Applicant has submitted a concept plan for how the subject property may develop, and elevations for what the future buildings will look like. Staff has reviewed both the concept plan and the elevations and has included Development Agreement provisions in the staff report related to the submitted applications (AZ and VAC). Approval of the subject VAC application to vacate the existing S. Beckham Way right-of--way would allow the applicant to do a land swap with ACHD and to reconstruct Beckham Way to Overland Road further to the east. 2. SUMMARY RECONIlVIIIITDATION The subject AZ & VAC applications were submitted to the Planning Department for concurrent review. Per UDC 11-SA 2, the Planning & Zoning Commission is required to make a recommendation to the Council on the AZ applicaflon; the Commission is raot required to make a recommendation on the VAC application. However, the Commission may review and make comme~ats on the VAC applicabton, as this applical3on is signi8ca~ to the proposed deveIogment of this property. Any comments related to the subject applications (AZ-08-0Ol & VAC-08-001) will be included in the Commission's recommendation to the Council. Staff is Overland Village A7r08-001 &VAC-08-001 p~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEIVVIHER 2, 2008 recommending approval of the Overland Village application (A7r08-001 & VAC-08-0O1) with a Development Agreeme~ for the project. The Meridian Planning & Zoning Commission heard this item (AZ) on Febraaty 21. March 20. Mav 1 & 1S. and June 5.2008. At the pablic hearing on Jnne S. 2008 they moved to recommend approval of the snbiect AZ request. a. Summary of Commission Pablic Hearing: i. Fn favor: Tamara Thompson. Gary Allen ii. In opposition: None iii. Commenting• None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Joe Silva b. Kev Issue(s) of Discussion by Commission: i. Necessity of a bridge across the Fight Mile Creek to provide connectivity to/from the parcel to the east; ii. Disproportionate share of the cost of a bridge far the snb3ect property in wmparison to larger adiace~ properties; iii. Possibility of putting a sunset clause on the road tract for the cast of constructing a bridge across the 8 M~7e Creek in the eves the properh- to the east don't develop within a certain time period• c. Key Commission Change(s) to Staff Recommendation: i. Modify Developme~ Agreement provision #c to allow buildings np to 4 stories in height (instead of 3) up to 65 feet (see pace 10). d. Outstanding Issue(s) for City Council: i. If Coundl supports the Commission's recommendation to allow butidings np to 4 stories in height up to 6S feet, the Couadl may want to gee revised building elevations (onli- l-2 stories are currently shown on the elevations submitted). ~ Summary of City COLCL Public AeariLn~: in favor: Marv Ilen: Joe Horton ~pp~oRition• None j~, o m ~n~: ~ristie .ittle iy Written testimony None ~ Stn nresen n ann ication: nna Canninsr: Pete Friedman: ~ other staff commentinn on annHcation: BiII Johnson: Jeff Lavev: Joe Silva: C iL D° ,~, Kev Issues of Discussion by Council: ~ Site and stra res homed c_mm~ly ' h new desiffi nd rds not vet 'n effect: How the overfl w narkim~ from the A nark and ride lot will effect this site: '~1 Possibility of any flood elevation isanes associated with the e~stina culvert no of ~ The wdennarv of emerae~ a~aoa to the site; the need for hree acs s no nts if' afro res are over 30 feet n height: y Belocatio o the stub street to he ea t for a future cn_n_nection over ttie Eis< Mile , Creek further to the south: ~ The applicant should oav a n onorbtonate share of the cost of a vehicular connection lbrid~el across the Fiu_ht Mile Creels Overland Village AZ-0S-001 & VAC-0S-001 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RII'ORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 F: ~~ 3. PROPOSID MOTION Approval After considering all Sta$ Applicant, and public testimony, I move to approve File Number AZ-08- 001 (and VAC-08-001) as presented in the staff report for the hearing date of September 2, 2008, with the following modifications to the proposed development agreement: (add any proposed modifications) Denial Overland VOlage AZ-0B-0OI & VAC-08-001 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 After considering all Stafly Applicant, and public testimony, I move to deny File Number AZ-08-0Ol (and VAC-0B-0OI) as presented during the public hearing on September 2, 2008, for the following reasons: (you should state specific reasons for denial of the annexation request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-OS- 001 (and VAC-08-0O1) to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site AddressJLocation: 3330 E. Overland Road (Parcel #'s: S1116336421, 51116336403, S1116336453) Northeast corner of E. Overland Road and S. Eagle Road Southwest''/a of Section 16, Township 3 North, Range 1 East b. Properly Owner of Record: Cameron S-Sixteen Retail, LLC 755 W. Front Street, Ste. 300 Boise, Idaho 83702 c. Applics~nt: Relo Development 16679 N. 90~ Street, Ste. 100 Scottsdale, AZ 85260 d. Representative: Tamara Thompson, Landmark Development Group 2462 Sunshine Drive Boise, ID 83712 e. Present Zoning: RUT & Rl (Ada County) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Description of Applicant's Request: The Applicant is requesting approval for Annexation and Zoning of 9.06 acres fom the RUT and Rl (Ada County) zoning districts to the C-G zoning district for future retail and restaurant uses. The Applicant is also requesting approval to vacate S. Rackham Way in order to do a land swap with ACFID and reconstruct Rackham Way fiuther to the east. h. Applicant's Statement /Justification: The Applicant's narrative states, "It is our intent to obtain general project approval through Planning and Zoning and City Council and to work with City staff on the planning and construction details. A preliminary and final plat will be processed at a later date. Both a proposed conceptual site plan and conceptual elevations are included with these applications." (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. Overland Village AZ-08-001 & VAC-OS-OOl p~ 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2408 b. The subject application will, in fact, constitute a vacation as determined by City Ordinance, ~y reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public meeting is required before the City Council on this matter. b. Newspaper notifications published on: February 4, 2008 and February 18, 2008 (Commission); Anaast 18. and 25.2008 (City Conndil c. Radius notices mailed to properties within 300 feet on: July 18, 2008 (Commission); Aneast 8. 2008 [City Conncill d. Applicant posted notice on site by: February 19, 2008 (Commission); Aneast 19.2008 (Gifu Conn 6. LAND USE a. Existing Land Use{s): The site is currently vacant except for an ACHD park and ride parking lot on the northern portion of the annexation area. The park and ride lot is proposed to remain. b. Description of Character of Surrounding Area: This property is located on the corner of a highly- trafficked intersection with existing commercial developments on the other three corners of the intersection. There is an existing residence and vacant land to the north of this site and an existing abandoned residence and land to the east of this site. AlI of the area immediately surrounding this Property is zoned commercially. c. Adjacent Land Use and Zoning: North: Rural residential property, zoned C-G South: Commercial property (Silverstone Subdivision), zoned C-C East: Vacant land, zoned C-G West: Commercial property (Dorado Subdivision), zoned C-G d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works Location of sewer. There is currently a sewer stub from East Overland road to the property line of 3376 E Overland Rd and a manhole located in S Rackham Way. Location of water: There is currently water stubbed off of East Overland road. Two Water connections will be required due to fire flow requirements. Issues or concerns: None. 2. Vegetation: There are no existing trees on the subject property. 3. Floodplain: A portion of this site along the northern boundary of the annexation area is located within the floodway (this area is not included in the concept plan). A large portion of the north half of this site is also located within the 100 year and 500 .year floodplains, in flood zones AE and X5, respectively. 4. Canals/DitchesJIrrigation: The Five Mile Creek runs along the north boundary and the Eight Mile Creek nms along the east and north boundaries of this property. A goal of the Comprehensive Plan is for these creeks be protected and improved throughout commercial areas. 5. Hazards: Planning Staff is not aware of any potential hazards on this site. 6. Proposed Zoning: C-G Overland Village AZ-08-001 & VAGOS-041 p~ 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 7. Size of Property: 9.06 acres (annexation area) f. Summary of Proposed Streets and/or Access: Although no development is proposed at this time, the conceptual development plan submitted with this application shows one right-in only driveway access from E. Overland Road, classified as a principal arterial roadway, approximately 262 feet east of the Overland/Eagle intersection where the existing Beckham Way is located. A full-access street is promised to/from Overland Road approximately 518 feet east of the Overland/Eagle intersection where Beckham Way is proposed to be relocated. No access is proposed or approved to/from Eagle Road ACHD Staff is supportive of the right-in access to the site from Overland closest to the Overland/Eagle intersection and the relocation of Beckham Way as a fiill-access street to the site further to the east as proposed (See sta,,(j"s analysis of proposed streets and access points to the site in Section 10 below.) g. Landscaping: 1. Width of street buffer(s): Per City Code (LJDC Table 11-2B-3), a 35-foot wide landscape street buffer is required adjacent to E. Overland Road and S. Eagle Road, both classified arterial streets and entryway corridors. A 10-foot wide landscape street buffer is required adjacent to S. Beckham Way, a local street. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25-foot wide landscape buffer is required between C-G zoned properties and residential uses. However, there are no residential uses that directly abut the site. 7. CONIlVIENTS MEETING On February 1, 2008, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. However, because this request is only for annexation, comments are for informational purposes only. S. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Regional (MU R)" Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub-categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The MU R category allows for residential densities of 3 to 40 units per acre. This category includes uses such as grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundmmat, professional offices, retail/gift shops, clothing stores, garden centers, restaurants, banks, drive-thru facilities, auto service stations, department stores, medical/dental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons, daycares, errtertainment uses, major employment centers, and clean industry. Per the Comprehensive Plan, a mixed use project shall include a principal use (retail, office, professional, or residential) and at least one other type of land use. Exceptions may be granted from smaller sites on a case by case basis. This site is only proposing one type of use (retail/restaurant). Because of the size of the site and it's proximity to a very busy intersection, staff does not believe that an additional type of use should be required in this case and that the proposed use of the property is the most appropriate. The applicant is proposing a commercial zone (C-G), which complies with the MU R land use designation and has submitted a conceptual site plan. Staff finds that the firture commercial use of the Overland Village AZ-08-001 & VAC-08-001 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF SEPTEMBER 2, 2008 property for retail and restaurant type uses generally conforms to the stated purpose, interrt, and standards of the MU R land use category within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal TV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." Both Eagle Road and Overland Road are designated principal arterials On the submitted conceptual site plan, the Applicant is proposing one right-in access point to the site from Overland Road and one full-access point to/from Overland Road where Raclrham Way is proposed to be relocated ,further to the east. ACFID has approved the location of the two proposed access points. No access is proposed or approved to Eagle Road. • Chapter VII, Goal IV, Objective D, Action 4 -"Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Overland Road and Eagle Road are both classified as arterial streets and are designated as entryway corridors to the City. By City Ordinance, a 35;foot wide landscape bu,~`er as required adjacent to Overland Road and Eagle Road. A 1l1-foot wide bu„~`er is required adjacent to S. Beckham Way, a local street. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Appdicarat is not specifically proposing to install any landscaping with the subject annexation application as no development is proposed at this time. Upon development of this site, the Applicant will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to Certificate of Occupancy of buildings proposed on this site. • Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is corrtiguous to the City." This property is contiguous to the City and sanitary sewer and water are readily available. • Chapter VII, Goal 1, Objective B -"Plan for a variety of commercial and retail opportunities within the Impact Area: ' Staff believes that the proposed zone, which allows for a variety of commercial and retail uses, does contribute to the variety of uses in this area which include: offices, restaurants, retail stores, coffee shops, etc. • Chapter V, Goal I, Objective A, Action 11- "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential arms." T6ae Five Mile Creek runs along the north boundary and the Eight Mile Creek runs along the east and north boundaries of this property. Staff is including a provision in the Development Agreement that the applicant protect these creeks as part of the development of thas site. Staff would encourage the applicant to improve the area adjacent to the creeks as a development amenity. Overland Village AZ-08-001 &VAC-08-001 pie ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 Staff }gads that the proposed zoning to C-G ds harmonious wdth and ~n occordarace with tlae Comprehensive Plan, Staf,~'recommends that the Commission and Council rely on Sta~''s analysis, other agency/depardnent comments, and any other comments received regarding the appropriateness of zoning this site for retail and restaurant uses 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Retail stores and restaurants, among other uses, aze listed as principal permitted uses in 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 aad mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: The applicant is requesting annexation and zoning of 9.06 acres from RUT & Rl in Ada County to C-G. Approval of the AZ application would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property and develop the property with retail and restaurant uses in the future. According to current City Code, retail stores and restaurants, among other uses, are P~P~ Permitted uses in the proposed C-G zone. The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use - Regional. The applicant is promising a commercial zone (C-G), which complies with the land use designation for this property. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan and uses with the UDC for the C-G zone, Staff believes that the zoning of this site to C-G is in the best interest of the City. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (shed 12/20/07, by Jeffrey McAllister, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Conceptaal Site Plan: Since the time of application submittal, the applicant has submitted a revised conceptual development plan for this site (prepared by Robert Kubicek, dated 5/28/08, included in Exhibit A) showing how this site will redevelop with one 10,000 square foot multi-tenant building (depicted as "Shops A'~, one 14,820 square foot building (depicted as "Major A'~, and one 4,000 square foot building (depicted as "Pad C"). A drive-thru window is depicted on each of the buildings; drives thtu facilities within 300 feet of each other require separate CUP approval. Pazking and access poi~s to the site are also depicted. An existing ACPID pazk and ride lot is also shown at the northern boundary of the site that is proposed to remain. Staff is generally supportive of the submitt~ conceptual site plan for this property with the comments stated below. All pazking stalls, drive aisles, landscaping, street buffers, sidewalks, lighting, signage, building height and building setbacks for this site should comply with the applicable provisions and dimensional standards set forth in the Unified Development Code for the C-Cr zone and Design Review criteria listed in UDC 11-3A-14C. Overland Village AZ-08-001 & VAC-08-001 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 Design Standards: Because this site is located adjacent to Eagle and Overland Roads, both entryway corridors, the site and future buildings on the site are required to comply with the design standards listed in UDC 11-3A-19C. An application for Design Review approval shah be submitted with fntare CiJP and/or CZC applications for aD bnndings on this site. Banding Eleval3ons: Conceptual building elevations were submitted with this application (prepared by Robert Kubicek, dated 1/15/08, included in Exlu'bit A) showing how future buildings on the site may be constructed. As stated above, all firture buildings are required to comply with the design standards listed in UDC 11-3A-19. Staff has performed a cursory review of the elevations and find they appear to meet the current design review standards. A detailed review of buildings on this site for compliance with all of the design review standards will occur with fiiture CUP and/or CZC applications for buildings on this site. NOTE.• The applicant will he required to comply with the design review standards in a, fJ`ect at the time of CUP and/ror CZC submittal. The detailed site plan and building elevations submitted with any CUP and/or CZC/DR application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report, and with the requirements of the subject Development Agreement, anti the design review requirements of the UDC. Drive-thra Establishments: The concept plan depicts 3 drive,-thru windows on this site; one on each of the proposed buildings. Per UDC 11-43-11, drive-tbru establishmeirts require CUP approval if they are located within 300 feet of an existing residence or residential district or another drive thru facility. There are also several specific use standards for drive- thru windows that are listed in UDC 11~-3-11 that the applicant must comply with. T>ne Police Departme~ (see Exhibit B) regnesb that any and aII drive throagh windows proposed on the site be approved by the Police Departme~. Because the most ef6de~ way for the PD to review and submit comments on a drive-thra is throagh the CUP process, Staff is including a provision in the DA that ALL dr>ve thra windows on the site be approved throagh the CUP process. Access: Although no development is proposed at this time, the conceptual development plea (attached in Exhibit A.2) shows a 20-foot wide right-in driveway access to the site from E. Overland Road, classified as a principal arterial roadway, approximately 262 feet east of the Overland/Eagle i~ersection. A full-access public street is proposed to Overland Road approximately 518 feet east of the Overland/Eagle intersection where Beckham Way is proposed to be relocated. A stub street is shown to the property to the east (owned by Ustick Marketplace) at the northeast part of the site across the Eight Mile Creek No access points are proposed or approved to/from Eagle Road. The original concept plan submitted with this application depicted aright-in access from Eagle Road at the north end of the site, aright-in/right-out access (in the current location of R,ackhA**+ Way), a fiill-access (in the firiure location of Beckham Way) to Overland Road, and no stub to the properly to the east. Since application submittal, the applicant has submitted a revised plan that reduces the amount of access points originally proposed to the site, provides a stub street to the property to the east, and provides an emergency vehicle access to the site from Overland, as detailed above. Staff and ACHD are supportive of the proposed access points to/from the site and stub street to the adjacent property to the east, as depicted on the revised concept plan attached in Exhibit A.2. However, the ACHD report does note that Beckham Way will be restricted to a right-in/right-0ut onto Overland Road in the future when either a raised median is constructed upon determination by ACHD that a substantial safety hazard exists or on the provision of a connection from Beckham Way to a signalized intersection to the east, whichever occurs first. Since the ACHD staff report was written, discussions have taken place between the Fire Department, Planning Department, and the Overland Village AZ-08-001 & VAC-08-001 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIING DATE OF SEPTEMBER 2, 2008 applicant regarding emergency access to the site. As a result of these discussions, ACRD has agreed (see letter in Exhibit H) to coordinate with the Meridian Fire Department to ensure that any access restriction devices installed at the intersection of Overland and Beckham allow for emergency vehicles to turn left onto Beckham from Overland. Further, this left-turn access will be maintained at least until a public connection across Eight Mile Creek north of Overland is achieved. Additionally, Planning and AC)® Staff recommend that the applicant constrict a public stab street from Beckham Way to the west easement boundary of the Eight Mile Creek as proposed, and road trist with the District for one- half the costs of a bridge crossing of the Eight Mile, to allow for Entire connecbtvity to the east and access to the signalized Overland-Silverstone itrtersectton. Note: Jim Kissler, the owner of three parcels to the northeast of the site, submitted a letter to ACFID stating that (in his opinion) the main access to his property and the Elk's property (south of the interstate) will be primarily from the signalized intersection at Overland and Silverstone. lath the stub street mentioned above, the subject property and the property to the north would have access to a full access approach. Any access to Beckham Way (in its current or proposed location) would be secondary, since Raclrliam is too close to the Eagle/Overland dntersection and wild eventually be a right-irr/right-out access and would require a bridge to cross the confluence area of the Five bile and Eight ale Creeks. He feels that money would be better served to get to the signalized intersection, trot the right inJright-out. Special Consideration jot Commission & Ctty Coundl: Stafjconcurs whh Mr. Sissder that primary access to the Srssler and Elks properties should be provided from the fittrire light at the SidverstoneJOverland intersection with secondary access being provided via Rackham Wray. The subject property would also be able to use the signalized intersection at Silverstone for access to/from the site; however, & would be more meanderdng than a direct access and Sta,~`'believes float folkv would be less likely to use it than if ~ were more of a direct route to the sitaq Because the Beckham access will eventually be restricted to a right-in/rlght-out and the other access closer to the Overland/Eagle intersection is a right-lie only, Staff' (Planning, Fire, and Police) believes that construction of a bridge across the Eight Mile Creek would be beneficial for the subject property in order for full access to be provided from the signalized intersection east of the sites The Fire Departnaertt is especially concerned about providing emergency access to this site if a bridge is not constructed so that fuQ access care be provided from the signalized intersection at SilverstoneJOverland ACHD's report states that Beckham will eventually be restricted to right-in/right-out due to a future median. If this happens, the Fire Depardnent will either have to travel past the she to gain access from the north through the gissler/Elkc properties or do a "U" turn in the middle of Overland neither of which lc desirable. For this reason, the Fire Depardnent recommends that the profeet be denied if a permanent left-in access cannot be provided from eastbound Overland Road iiato the site. Since the ACRD report and Staffs original report was written, the applicant; Fire Department, and Planning DeparGnient sta, f, j has had several meeatags to determine an alternative means of emergency access to the sites As a result, ACRD has agreed to coordinate with the Meridian Fire Depar7ment to ensure that any access restriction devices installed in the future at the intersection of Overland and Beckham allow for emergency vehicles to run left onto Beckham from Overland (see defter in Exhibh B). As of the print date of this report, the Fire Department has not submitted a response to the revised plan and letterfrom ACRD. In addition to the emergency access issue discussed above, Staff has added a Development Agreement provision requdrirag the applicant to pay for half the cost of the bridge, through Overland Village AZ-08-001 & VAC-08-0Ol Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 a road trust, to provide connecdon to the undeveloped properly to the east for interconnectivity and access to/from the signalized intersection. [Because the properly to the east owned by Ustick Marketplace has already been annexed and zoned commerdally, it may not be a feasible to regacire that properly owner to pay for hat, f the cost of a bridge unless a preldminary plat or conditional use permit is applied for; plus that property owner will already be burdened with the cost of a bridge across the Five Mile Creek at the north boundary of their property. The Commissdon/Coundl may decide to strike tlae aforementioned provision from the DA.J Waterways: The Five Mile Creek runs along the north boundary and the Eight Mile Creek nms along the east and north boundaries of this property. Per the Comprehensive Plan, these creeks should be improved and protected throughout commercial areas, Staff is including a DA provision for the applicant to protect the creeks during the development process. Stn, f, j' would encourage the applicant to improve the area adjacent to the creeks as a devedoprnent amenity. Landscaping: East Overland Road and S. Eagle Road are both classified as arterial streets and entryway corridors into the City; as such, a 35-foot wide landscape buffer is required along Overland & Eagle. South Rackham Way is classified as a local strut; as such, a 10- foot wide landscape buffer is required. All landscaping will be required by the City with future CUP/CZC approval and shall be installed prior to issuance of Certificate of Occupancy. Multi Use Pathway: The proposed pathway network plan contained in the Master Pathways Plan shows a portion of the City's multiuse pathway running along the southern boundary of this site. This pathway should begin at the eastern boundary of the site, near/at the relocated Rackbam Way intersection, and continue to the Eagle Road/Overland Road intersection. The applicant should coordinate the enact location of the pathway with the Parks Department. This pathway will be required to be installed prior to the first Certificate of Occupancy on this site. Provide written documentation from the Parks Department with the ffrst CZC application, approving the pathway design and locationo Floodphuln: A portion of this site along the northern property boundary is located within the floodway. A large portion of the north half of this site is also located within the 100- year and 500-year floodplains, in flood zones AE and X5, respectively. The proposed building loc~tons are within this area, Any work or improvement within the floodway or floodphutn on this property shall file a floodphuin development application with the City of Meridian Public Works Department prior to commencement of the work. Parking: For commercial uses, off-street parking stalls are currently required at the rate of one space per 500 square feet of gross floor area (LJDC 11-3C-6B). Parking on the site will be reviewed for compliance with UDC standards at the time of CUP and/or CZC approval. Also, no linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island per UDC 11-3B-SC. Development Agreement: UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter i~o a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Because this in only an annexation application with no development proposed at this time, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council believe additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required A Development Agreement (DA) will be required as part of an annexation of this property. Overland Village AZ-08-0Ol & VAC-08-001 Page 1 ] CrfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF SEPTEMBER Z, 2008 Prior to the annexation ordinance approval, a DA shall be e~ered 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 888-4433 within six months of Council approval to initiate this process. The DA shall include, at minimum, the following: a. All firture development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. b. The site and buildings on the site shall comply with all of the design review standards listed in the UDC. A Design Review application sha11 be submitted with the CUP or CZC application (whichever occurs first) for all future buildings on this site. c. The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report, as amended herein, and with the requirements of the subject Development Agreement. Construct a minimum of 2 and a maximum of 4 buildings on this site. No footprint for a single building shall exceed 20,000 square feet. Further, no building shall exceed ~ 4 stories in height, with a ma>aimum height of 65 feet. d. The applicant shall be responsible for all costs associated with sewer and water service installation. e. Any drive-thru establishment proposed on the site shall be subject to Conditional Use Permit approval. f. Direct access to/from this site from Eagle Road shall be prohibited. Access to the site shall be provided from one full access point to/from Overland Road via S. Beckham Way and one right-in access point to the site from Overland Road, as depicted on the conceptual site plan. The Rackham Way access may be limited to right-in/right-out only in the future. g. Prior to the first occupancy permit being granted, a minimum 35-foot wide landscape buffer will be required and shall be constructed along the entire finrrtage of E. Overland Road and S. Eagle Road, is accordance with UDC 11-3B-7. h. A minimum 10-foot wide landscape buffer will be required and shall be constructed along the entire frontage of S. Beckham Way in accordance with UDC 11-3B-7. i. Prior to the first occupancy permit being granted, a 10-foot wide multi-use pathway will be required on this property in accordance with the Master Pathways Plan. Said pathway should connect to the EaglelOverland intersection and the relocated Rackham/Overland intersection, and continue to the east. Exact location of the pathway shall be coordinated with the Parks Deparlurent. Provide written documentation from the Parks Department with the first CZC application, approving the pathway design and location. j. If not existing, sidewalks shall be constructed along S. Eagle Road, E. Overland Road and S. Beckham Way. k. Im_lien o vi • a stab stmt ism Beckham Wav to Overland Village AZ-08-001 8c VAGOS-001 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 e west easement boundarv of the ht Male Cr~k_ the~p~licant shales. be reaaired to dedicate DroDerty feoua_1 a the area oriamallv ~DOSed for a stDb met) to ACffi) for tmle exD~Qion of the Dark and ride lot ff AC13~ des within 6 months of approval of the DA by City CoimdL that this 10~O~erty wID be beneficial to exoaDd the Dark and ride faeilirv a~ will be for those If ACHI1 detp~n~nes at the ~rnperty iQ not ne~L~l +,.~n DD1iCant has no Obli8ati0II The apt-lic~nt shaII submit a letter $om ACID o~ their final dete~a_tion on this matrrr within this aIr mnrntA od fsee tter from ACRD attached ba .rh~'hii e__ ...o ~,s..~,~. 1. Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. m. The Frve Mile Creek, which runs along the north boundary, and the Eight Mile Creek, which runs along the east and north boundaries of this property shall be protected through the development process, in accordance with the Comprehensive Plan. Improvements along the creeks are encouraged as development amenities. n. The applicant shall work with ACID to vacate the existing 12ackham Way right-of- way and relocate any utilities accordingly. o. The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for atry new use or change in use of the site. p. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. q. All future constcuction/uses on this site should comply with the provisions of City Code in effect at the time of submittal. s. T1~e Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all constcvction, alterations and/or the establishment of a new Overland Village AZ-08-001 & VAC-08-0Ol Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC FIEAItING DATE OF SEPTEMBER 2, 2008 use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established ([]DC 11-SB-lA). To ensure that all of the requirements of the Development Agreement as listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Departme~ prior to buildmg/parking lot construction, and all improvements must be installed prior to occupaacy. 2. VAC Application: The applicant is requesting to vacate the existing right-of-way of S. Beckham Way and do a land swap with ACRD to relocate Beckham Way further to the east , as depicted in Exhibit C.2. This location is not only futher from the Eagle Road intersection, but it aligns with the access poi into Silverstone to the south. Beckham Way currently, and will continue to provide access to the park and ride lot on the north side of this site. Staff is supportive of moving Rackham Way to the east. There are no required UDC findings for vacation applications; ACRD is the lead agency responsible for the official vacation/exchange of the Beckham Way right-of--way. In addition to vacation of Beckham Way, the applicant should vacate any utilities if any permanent structures are proposed to encroach. Staff is in srrpport of this request and is recommending approval of the VAC application as requested by the applicant, as it is in the best interest of the public. b. Staff Recommendation: Staff rewmmends approval of the subject application A7r08-001 (and VAC-08-001) with the Development Agreeme~ provisions listed in the in Exhibit B of the Staff Report for the hearing date of Jnne 5, 2008. The Meridian PhmninE & Zoning Commission heard this item (AZ) on Febraarv 21. March 20. Mav 1 & 15. and Jane 5.2008. At the public hearing on Jane 5.2008 they moved to recommend approval of the snbiect AZ rearrest. a Meridian City Co~eil heard ttim items on AnQ!nRt 5. e~emhe 2_ and_ 23 ¢tober 28. and December 2.2008. At he nub ie h rinw o probe 2.2008. he Co veil approved the snbiect A7 and VAC rear 11. EI~i~1TS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plan {~ted~5/~/8811/20/081 3. Conceptual Building Elevations (dated: 1/15/08) 4. C 1 lations Demontatratin Pronnrbnna a Shar of Rridu 5. Letter from ACRD B. Agency and Department Comments C. Legal Descriptions & Exhibit Maps 1. Annexation and Zoning Boundary 2. Vacation Boundary D. Required Findings from Unified Development Code Overland Village A7r08-001 & VAC-08-001 Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 A. 17rawings 1. Vicinity/Zoning Map t~l`47f ~° d S p~ ' ry' i I-L - -~ .~ .. , , ,, ~ -. -- , , _. d ~ , a ~' ~ <; ~:y rr a. ~ ~~; ~ -. . ~ - e .,~+~~ - ~. ~ , ,~ I~j_ cler - ~ J „ _ ~ G L . 6~ - ~ ~ 1 ~ -- - - Site c t, ~ - _ - r-- _ I ~_ ~_ _,_ . J ~` .~- -- ?+aurlc~tplacc f ~, ' Prot~;:~ ~y,; ~ , ~ 1 { _ ~ i ...__.7z_ _.,._ 1 __... _._ _ __. ~__._.- ~' ~__ _ _ - _~. -- _. i - ~, - i -~ ~ A ~ ~ ~~I ~-s .. w4 ~ ~~~ _ _ C~ ~f ~.f ' 1 I ~/ i ' A~ _ r, ~ ~ ~ _ ~-- ~ ~ / ~ `~ 'I~~~ - ~ ~ - _ ~ ~ ; i y . ~, o, ~~I Exlnbit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TILE HEARING DATE OF SEPTEMBER 2, 2008 2. Conceptual Site Plaa ~e~~88 1/20/081 'b ~ i C ~ 1 .1~~,-~ ~~ ~ a ~. I 3 1: ~ \~ ~, .fir ~ ~ I ~ ~ i ~ ~ ~ I t ~.-l~ ~, _ V ~ 4 ~ - ~ ~ `` A ' ~ ~'~ ~ ~? ~ ,~ ~ _ ~~, ~` ~ i 11' ~ ' - 1 ' \ ~~E J ~ ~ 1 -,_ b~K 1, k ~y ~ x~ ~fi.~ PadC -,c, b i` ~1 ~ ID _ ,•<<:, _ Z ~. . - .. - If .. ..... _.. __ - ~~ .~ i ~-~~ ,.; ni.errsPUw •ornav2 ~ .® A1.7 ~~~ Exldbit A Page 2 CITY OF MERmIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF SEPTEMBER 2, 20(18 3. Conceptual Building Elevations (dated: 1/15/08) r,.~ ~`- -. -~ ~ _ L r~; ~ =~r~ ;~; ~~ __ ~ ~` r~. ~ ~,s, .~,.~, _ _~~y~ _ M r'.Ea. .~~ 'h4_, ~ w ~ ~ _-` ~' ,~} "` 1. .1 ti~ ,~,~ ~ . t e Exhibit A Page 3 ~ ~ ~~ ~'P 2~i'' ~,~~~ a~~' Y~'c fiN ~} ~,gaan.e~ ,""r4r ~I ~s~ f~ 1- j,~ ~f~ ~~ ~s 9m ~ r•is; ~~<~ ~.... CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATE OF SEPTEMBER 2, 2008 a M¢C Eamai tamd _ _ ne! oa ~sentsassr Way ~/ P 'S 41 Sri33~S7.I `~ C3'itc:4' ~- -. 1 ~?5-. - ~ ~- ~3c1ti ~11tii' .16-5 ~.. 3 C_. :.3:.~i5~ La~te-0r _. -- - 1 EE4 . ~.. A. S _ 9.3~°v ~ ~ °~lo.5E47.Q " 2:~gf~tai 9:~?~' G,SyE iC.o54o - - f - ~-f 13,x7 _r k S<ler S,,,y~_ 1 +v33=1~s b [Sl~f 3 :'F3 2{+.~}-i5 ?3.51} ~ ~~' ... 7h~ ~.Y.43~ iGb.4~ ~7sx 'tn96®mhAiRt~mfft~fNa 5 ~,~~ see 1, - t _ j - _ ptwa~'aau. 4 1 1 ~ ~ mw I i ~ ~ . ~ ~m®e.g~y a _ ~ '~ ~ t`' ' vq~ i { "' ~e~ g Y. ~ n~' ( ( •i:f~b'p t ~ ~•'~ .m.4m~T r: t l~ 1 s !I- LL7 rn~~~ ~~ '~r~r.-tY '7 's ~ m y i - 9 ~~} j I--r r "r'~ -` B~~y iry ~ ~ ~+ d y.. ~ _ `_ ~_ ~ ~ ~ _ aca-.+ai8. ,ut• k - teamm.,ae.v~,; ~aswn., i.n,a. .u..,.ee~ Extubit B p~ I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2005 Fttrse Lk~! 43rptrp-f~rt~n, PC 14ttr~ Jena etn 8223 til. INey~ Strife 2Q~Ci 13oi~. Id~t~ i~i'T13 Ovid tfiltag~e - s. ne , I*~ 145Re cr~it Cry ©pln~n ~ P~ra~t#la t ~~, find the ~dtach~l O~ir~sn crf tai Cost {~) fmr tha S: 131hrar~tona 6~yr Fiva AilSe Or~k bridge cra~lrtg txirrtpnrneat of the Vpl~ pt~ect lac~tt~d a the NE IrOR of Overland and Via. TtE+s t !~ the ~r~rutxfon ~ 5,~56.(ftl, ~ICh Ir~udas deaigrt artd s 16°I i~ ~nS~~Y. that addit! fwd y rrtodetinp ®nd USAF ~dcrrt ~tl4 p~m4tirt8 enmy be ~ to f~rtl~r dente ~ to contre~n ~ a Preretn let. kw~r if ye~u arty gt~stltsns ~ std tllea to dish tha oars of wet an farther detar7 Yau can reacfi ma ~ 298.887.x4 SI Ertc , tnc. . ~.E. ~1~ t~ ~. 5~. 9~1, 92 t..~7 4 f. , Exhibit B Page 2 OVmb~r 28, 20fl8 CITY OF MERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF SEPTEMBER Z, 2008 Overland Viila~e Preliminary Opinion of Probable Cost S. Sihrerstor$e Way -Five Mlle Cr. Cro~in® ~~ ai~b ~. 1 ssa E. Lark St ~ri~an, I~ho 842 z~.set:~s±i Optnic-a of Prababie~ Cost Suninnary 9.8~+$a~tcne Wey -Five ff11lb Cr. Croaging ~r~v~n r trntt wlcco~ awn ~ a9ob 44a~ a. 9 t$ 6 ssaa~ a a,baa.w a ~ cr a sa0 s t.soo.w s. p ~ t ~a s s. s a~.oo a swP~ ~ to $ 9,i6~.A0 $ t.4~.00 a t a aaea pfla. ~~an~y s ~a 1 s<a~oau = ason.~ a 9mkaq 9 6& S aaoo.~ ~ 3,e i 18.0 2 age: PtW & Croas~ ®.{aY~6dno36asec1l~tiMlm~~' Y~ ~F i 9a0.dD 5 69a,7~.~8 A 67i;200.Qo ~.~.. 7ahl , ~ d`1~ a A. ~ 8urvayPnp 1 6A $ 9apY10.~B a t3.i199.W ~ sRO~-3 e~S~na's, e ~ P'~19 6~r~t~ct~,'Yt+~ fi3+Jt~¢ tq'id9B t(~ ~'iq+8an C~.::~c ~ •~ oa7vN uaat Bre cost r ae~a~4Ndg a! ~+. e~aun3 w «ph~i~n. aG Ct B9Ma C1Mi@~IH ca ms's m~ad~ . and a,m tie s ~mano ei abvNn~q coa€o arm matt .s tts t~s ~ t~trErl~pmvd~t~acp7prt~tntmu~ecv +~a+t~+Fa~a~Ya+ass[~'®A~kraaV4~~89.rce~+~ytaa3p~rfi~s~r.~ !9a&f IQBFAH~ YttSS. L6~T3 ~91'CakoQ~8.'4~18'B a!~ ~ 1~8 EB~tEldd Po t@ 0Q11bI1~IIn a'~ R~3 d`0,!9U r7tB~'ry.7 ~a4 t'9iPrz7 tiff ~N 0` coml. ~sx~[.a+Gna, x:c ark's a x~~.ea ~ ~arm+~. aapws ~r wyiae xm~ ce l~u use ra~et atrta~ Vtrl.ea~~ °ax vmv han 4aulw~ CSC, rra.'ao~ ol~at d'V~age l~ ~` BaPCb~biB Casa s «r~ Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, ZOQ8 tl V911 ~ t.~~e ~'^~ ~ ti, °~4'~`~ ~,: ~,' `~ '~ i':s ~,:; r ;p `; 1'4.:' ,i.~ f ~~~~ ~~ ~ ~K-1 Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 January 22, 2009 Sonya Wafters City of Meridian Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, ID 83642 RE: Overland Village Development Agreement Dear Sonya, Thank you for coordinating efforts between the City, Applicant, and the Ada County Highway District (ACRD) on City requirements for the rezone and development application for Overland Village. ACRD was asked to provide written comment on two issues, the possible expansion of the Beckham Road Park & Ride lot, and signage/safety features for emergency access into the site on Overland Road at the relocated Beckham Road. 1. Park & Ride Lot -ACRD has considered the need for possible expansion and/or improvement of this lot. At this time there are no detailed plans. The Council direction was to determine if the applicant should add pavement to expand the lot where the original stub street was planned (to the southeast of the existing lot). Because of the timing associated with this agreemei, I recommend that the City's agreement state that the applicant be required to provide property for possible expansion of the lat. The size of the property should be equal to that of the original stub street, as I believe that was the intent from the Council discussion. Within six (6) months of the agreement with the City, ACRD and the Applicant should work together to determine if that property will be beneficial to the Park & Ride facility. If ACRD determines that the property is not needed, then the applicant has no obligation. Further, the improved Rackham Road will include on-street parking. In the arm of the Park & Ride lot, this on-street parking maybe utilized by the lot users. Unless determined by ACRD, parlQng on this street should not be restricted based on maximum lengths of time (i.e. 2 hour max parking) or for a particular use. This would not preclude Park & Ride lot users from parking on the street if necessary. 2. Beckham Road entrance -Because the Idaho Transportation Department denied the Applicant a temporary access onto Eagle Road (SH-55), much time was spent developing alternatives to satisfy the Meridian Fire Department's concern about emergency access into the site. ACRD will allow the following improvements to be installed in coordination with, but at no cost to ACRD. a. The applicant may install asign - DO NOT BLOCKINTERSECTION -east of Beckham Road. b. The applicant may install a flashing beacon in coordination with the DO NOT BLOCK INTERSECTION sign. The beacon will be coordinated with the Overland/Eagle intersection through an Opticom device, and will only flash when activated by emergency service providers. This will be the first application of this type in Ada County. ACRD reserves the right to modify or eliminate the beacons if necessary; and in that event will work with emergency service providers to develop other alternatives. When an additional access is constructed east of Beckham Road that will also serve this site, the beacons may be removed. Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 c. ~eE~'cant may utilize pavement markings/paint on Overland Road for KEEP Additionally, I would encourage the Applicant and the City of Meridian to continue to work with ITD and FHWA (Federal Highways Administration) to obtain an emergency access on Eagle Road. Such an access would eliminate the need for special applications on Overland Road at Rackham Road This parcel has unique features that should be considered, and emergency access only would not impede operations on Eagle Road. Sincerely, Christy Little Program Administrator Right-of-Way & Development Services (208)387-6144 cc: Tamara Thompson, Landmark Development Exlu'bit B Paga 6 CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 200 B. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description submitted with the annexation application (stamped 12/20/07, by Jeffrey McAllister, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submittal legal description meets the raluirements of the City of Meridian and should meet the requirements of the Idaho State Tax Commission. 1.Z Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of the City Council approval to complete this process. The DA shall, at minimum, incorporate the provisions noted in Section 10, Development Agreement, of the staff report. 1.3 The City consents to the proposed vacation and exchange of the Rackham Way right-of--way (VAC-08-0Ol). The applicant shall coordinate the vacation with the Ada County Highway District. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Overland Road The applicant shall install mains to and through this subdivision. The applicant shall coordinate main size and muting with the Public Works Department and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E Overland Road The applicant shall be responsible to install water connections. The applicant shall be responsible to install water mains to and through this development, coordinate main size and muting with Public Works. 2.3 The applics~nt 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 EX~IlBIT A) and an 8112" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exlu'bits 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 requires. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the annmon 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 irtigation/dniinage district, or lateral users association Exh~'bit H Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 (ditch owners), with written approval or non approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer Prior to final plat signature. 2.7 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 maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)3342190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1•~ and 9~4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. Z.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, micao-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 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 r~uired by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 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. This 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 r~:ord 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 rations 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. Exhibit B Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2005 3. MERIDIAN FmE 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 %" outlet face the main street or pazking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant mazkers 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 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.4 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.5 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. 3.6 The roadways shall be built to Ada County Highway Standards muss section requirements and shall have a cleaz driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have pazking 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. 3.7 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. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 The applicant shall work with Planning Department staff to provide an address ide~ification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.10 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. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R 3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be C~0 feet (183 m). 3.12 There shall be a fire hydrant within 100' of all fire department connections. 3.13 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. Exhibit B Page 9 CITY OF MERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR TILE HEARDVG DATE OF SEPTEMBER 2, 2008 3.14 The proposed right in driveway where the current Beckham Way is located will be required to be 20' wide with a 28' inside radios and a 48' offside radios. 3.15 The Fire Depat~ne~ strongly recommends that developme~ of this property be conditioned on Beckham Way being and remaining a right-in/rlght-off, left in access to the site, unless a bridge is constricted across the Eight Mile Creek and access is provided from the east to the site from the Entire signalized intersection at Overland/Silverstone. Farther, the Fire Department is not supportive of a left-out access from the site to Overland because of tine traffic hazard it would presumably create. if a median is constricted in Overland, the only way that Meridian fire units have of accessing the site from the west is thra the Silverstone development south of the site by first turning onto E. Goldstone to S. Silverstone Way bo be able to enter the project from the east by going westbound on Overland. If a permanent left-in access cannot .be provided from eastbound Overland Roed lido the site, it is recommended that the pro ject be den8ed. (See letter from ACRD dated May 30, 2008, below) 4. MERIDIAN POLICE DEPARTMENT 4.1 The Police Department requests that any and all drive throagh windows proposed on tine site be approved by the Police Department. 4.2 The Police Deparime~ supports limping access poi~s to Overland Road. 43 The Police Departme~ recommends that the applicant constrict a road across the Eight M~7e Creek to provide connectivity to the property to the east. 5. SANITARY SERVICES COMPANY 5.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. 5.2 Waste enclosure access: The applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 5.3 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 6. MERIDIAN PARKS DEPARTMENT 6.1 The Parks Department did not submit comments on this application. 7. IDAHO TRANSPORTATION DEPARTMENT 7.1 All aces for this development should be from Overland Road with no direct ingress or egress from Eagle Road. Any access on Eagle Road at this location is not gemutted as this is a full control of access section of highway. Any work (landscaping, noise abatement, etc.) within the Eagle Road right-of--way will require a permit from 1TD. 8. ADA COUNTY HIGHWAY DISTRICT 8.1 Site Sgecific Conditions of Approval 8.1.1 Comply with requirements of ITD and City of Meridian for the Eagle Road (SH-55) fro~age. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a budding permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. 8.1.2 Make application for the vacation and exchange ofright-of-way to realign the south portion of Beckham Way as proposed. If approved: a. Design and reconstruct Beckham Way so that it aligns with the private drive from Silverstone Subdivision on Overland Road. Exh~'bit B Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATE OF SEPTEN~ER 2, 2008 b. Construct the portion of Beckham Way running through. the site as a 36-foot street section at its intersection with Overland Road tapering back to a 29-foot street section with vertical curb, gutter, and 5-foot attached sidewalk on both sides within 40-feet of right-of-way. Install no parking signs on both sides of the street. 8.1.3 Construct aright-in only driveway where Beckham way is currently located. Construct the driveway to be as narrow as the Meridian Fire Department will allow (preferably 14-feet), and install DO NOT ENTER signs on both sides of its north end. 8.1.4 Pay a road trust deposit su$icient to cover the cost of installing a six inch raised median to restrict the realigned Beckham Way to right-in/right-out in the future. Beckham Way will be restricted to right-in/right-out either on a determination by ACRD staff of a substantial safety issue, or on the provision of a coffiection from Beckham Way to a signalized intersection to the east, whichever occurs first. (See letter froaa ACRD dated May 30, 2008, below.) 8.1.5 Dedicate additionalright-0f--way along Overland to achieve a total of 60-feet from centerline abutting the site and approximately 78-feet from centerline near the intersection of Eagle Road. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHI3 Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of-way from available Corridor Preservation Funds. 8.1.6 Construct four driveways and one drive-through entrance on Beckham Way, no wider than 36- feet with minimum 15-foot curb return radii. The driveways shall be no closer than 100-feet from the intersection of Overland Road (near-edge to near-edge). 8.1.7 Construct a stub street from Rackham Way to the west easement boundary of Eight Mile Creek, as a 29-foot street section with vertical curb, gutter, and 5-foot attached concrete sidewalk on both sides, all inside 40-feet of righrt-of-way. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXT~TDED IN TIC FUTiJRE." 8.1.8 Direct lot access to Eagle and Overland Roads other than what is specifically approved in this application is prohibited and shall be noted on the final plat if the parcel is subdivided in the future. 8.1.9 Overland Road is subject to 5 year pavement cut moratorium until October 2010. No pavement cuts are allowed unless specifically approved in writing by the District Pavement Cut Committee. 8.1.10 Comply with all Standard Conditions of Approval. $.2 Standard Conditions of Approval 8.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 8.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 8.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 8.2.4 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. 8.2.5 Comply with the District's Tree Planter Width Interim Policy. F.xWbit B paw 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2408 8.2.6 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. 8.2.7 All design and construction shall be in accordance with the Ada Coutriy 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. 8.2.8 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. 8.2.9 Construction, use and property developmerrt shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8.2.10 Payment of applicable mad impact fees is required prior to building constnrction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at na cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLlNE (1-811-342-1585) 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 ACHD conduits (spare or filled) are compromised during any phase of construction. 8.2.12 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. 8.2.13 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 sucxessors 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. Exlu'bit B page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2(108 ~~ ~~ ~~ ~m t4tay ail, 2It17S To. Jos Shea Deputy CPeief. F~+ eatment ~ E FrarekC~e H~ F~radmre, laialro 9~~ Rat of k1Pay mss orb 9~oad ~~. ~.R€xe~ ~.~da~m ~a ~. ~e, ~~o , ~, ~~~ Ftielr~ay Dis~ic# ~~ ~ e-~e~a~ r~ ~,e a seed rex~eae ~ a 4 ~ at the rx~reer esf Ewe ere Odd 6~o~ls deer thse axam~a~l +i Retaletratee malt. a pr~t~6o sdr+~et i~1+~the jurisdkmioee ~ ACB~Dr ~ arlj~rd lie ~ s that rer~e itt~i9ned i7r ~ cieerakt~aent a~-G~tion As a reser~ of dams ~Eiaee. several side rge~ at a~rraMnluevaeairtg tdadc6aarro Pay ire ttta a~p~pcant ~ the +C~mem~skue. Stte eotteli6ora 1~ ~gttlred a tn, °1'~ a 1~ tnrat deRassJd ~ serer 19te ~ a six trxrFo eelsscg med'aaet ~ restr~t the 9flPsq to riRlrt ire tmErra:. ~~ sstp be r~l~d to ri99rt- ~d " ut either ore a 6y AC#BD staff esf a saf~lg- lessee. or otr the flan a~E a ~ fresae Rae~Clrarr~ tt7e~y tv a ~ dhe ems, tartsichewer s firaG.° 1The A4ffiie~an Fire bees s to ACRD sBaFf that, uea10 sra~r as ~rere is a ~nne~ion lr~een B~aeakharre vmay aarsss t lMtitie Creek ~ ttee Ond-atone e teft•in s dreaaa d7~iret~exi i~d e3as~ouard #e9 i'~kharn'ditc~ narChbo~aed ~ ses',~uaDe emaa~ar~y setv~es ~ ~ eria I~akhaere v~ay. tre esrder ~ er~ure emergency ~ this area. ACRD s~f ~ ~r~9iersbe with ~$e Fire Depertmerrt to errst~a Ueat salt a elleiriae=s ~ tre ' at the fret d Qvertsrrd Marl anei l~tsitltarre ~!'ay ~ a> fvr e3energent~v vex to tu~ae Felt aettt$t t2a~rarrr'R~ay~rom C8w~lane! t (~e~a as a 3/a rre era rneaf~aer~. l'lels laft~herer rc~l ~ erea~taiF~ ~ leeest a public a die Creek rwu~e of ore is aesFmeved. hF have stay gaeestltrns„ please ie3e1 frete t®erareiae~f me st Pig ~7-~9+~P. SitY. ~larrner tl Yii'a3r arerl t Serfs ~: Frajeatf~ RAerhilarr CIEy Filaetrelrt+g t2s~arbemrrt John Vidassore. ACii® Tt Tamara Ttas~~ra. l.andmarrk ii+~prao~rt t~r®t~ ~ J D• 9~TS S3trad s alae,~e ~ •~9gtt. PF6~-1ti1D ~ PDt -$~D• Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER Z, 2008 2. Vacation Boundary `TOIY~HAl~•Ol~l'ON 11Y~~I11RG CDd~*ANY ~~ ~o-a~~a*wrirmm~as 9m cwr~w~ e~ ~Qaeio e3~a4xa~ ma.aaga~a . npx~.~aas~ .~ project No: 07212 I9, 2007 F:1 of 2 SOiSE • COEUR d°Al.~tdE • V,ryrnHeEt1. Exhibit C Page 1 CITY OF MERIDIAN PI.,ANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER Z, 2008 ~~1Yi_i° ~'_,T.i F~; ~~iiT~l;~`.rsiti;r,~-i i.Cr~~ i:~ i a:~.-7 F}hra,.j,c~ct Ida:1172fl2 Page: 2 of 2 CONfAIMNG: x.58 acres as 25,58 few, more or i8ss. See Exh~it `°B"-R.O.W. V'acasti~ Mep. whieh is ley made a gsrg of this des~crlptivu. '[~isdlon way i~t dea<t infarmadom andis eac ~It ofa s~ey es ri~ b}" T bag Co. 71ue deemi~on is subjaet :o c6am8e at sasH rime es a s~7 3s made on dte graimd. Toothme~-O~ Ca uo tiah7fry ~r ~ aamBey. aat for recrndPne. H'~b1212aWRfilo~L4UR-~Y1E~~A-RO.W. VACA710.~Oe Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 I ! r i i ~ ~1T ~ -~~NNF~~A~~'ION ~iP s J A POI217ON OF THE StlV 1/4, SECTION 18, ~~•F T~AINSNIP 3 NOt7TH, R'ANGiE 1 EAST, 9.k1. Ana c0uNTY, IoAHo .~ __ , o '~' ~ I I ~ ~ ~` 1 11 ~,~ ~ ~ .s~.arr i ~ ,mma~a ~ ~ ` ~ ` ~~ ~ ~ .~. ~ ~ I ~~ { ` .1 ~ ' A ~~ I 'i „~, ~ ~ a ~. ~; ~, ~,~. ~, ~ ~ m„ i M o~ao a ;,r «o. ` .~ +o~ae,.o - aaa~ r ems ~ ~ ,oams,.a -- -- zo z~ o ~s ,s0 3~ a5o ~~ ~~ Est +ao.~o ,a z~ TOOR'~O~AI+i-ORTON ENG1TtiISERIIJG CO. ~~ps suRVeroas PuwNFas am aN ~u~vvm • . ~awo a~rna-zee Pi~NE 208-323-T?98 FAX: 2Q8-323-2399 E-tAF:lt{OR 11f2G(07 W812 ~-IOD Exlu'bit C Page 3 CITY OF MERIDIAN PLANNIIVC3 DEPARTMENT STAFF REPORT FOR THE HEARIIVCi DATE OF SEPTEMBER 2, 2008 D. Required Findings from Unified Development Code I . Annexation Findings: Upon recommendation from the Commission, the Connell shall make a faII investigation and shall, at the pnbLtc hearing, review the applieatton. In order to grant an annexation and/or rezone, the Connell 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 S, of the StaffReport for more information. b. The map amendment complies with the regulations outlined far the proposed district, specificaDy the purpose statemenh The City Council finds that retail stores and restaurants aze principal Permitted uses within the requested C-G zone. There are also several uses in the requested C-G zone that can occur with conditional use permit approval. The City Council finds that firture 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 detrime~al to the public h~lth, safety, and welfare; The City Council fords that the proposed zoning amendment will not be detrimental to the public health, safely, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment 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 bit of interest of the City (UDC' 1l-SB-3.E7. 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 i~ereat of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exiu'bit D Page 2 Exhibit B. Conceptual Site Plan (i l/20/C18~ ~- ~. ~, e '~'~l I ~ ~~~JJ c~o~ .,, ~' _~ ._ s ~ o ~~I~ ~~~ ~m ~ ~' •~ , ~ °~ n~ w ~a ~1:~~~ r _-- .i. p ~ o ~ a ~ ~ " ~ ~~~ .~~ ~ iii '~'~~, ~\a ~ =ZT ~ ? •'~. i _ - - ~ - ',, I I ~tir ~. -gym; ~ „~ '~ ~, ~~_ o -- - - ~ ~ s, ~Ir i~~~. -~ - -_ r-, I E ~„~ ~I,, I fl l ~~ i A1.~ ~<~.- a U EXllihlt B ©~.erland b'iilaEe NEC Eag a and Overland Exhibit C aef aa•ce: ~~.r^7:er 1 S'_11633'~321 2 51~1633f.=103 3 5111533E~i3 •3___1o33E~_0 i 5111633E462 :, ren: c.~, ~er .:c-es s[ra : r,ri~- Fercen*. Cameron 1325 ~ameran 1639 Camerc~ 16fi9 4.613 i.6i% Br ='ItC' y 098 9.C'y2 1C 65°0 lirssler 6 ?19 5 ;_.153352_0 K slier 511163361~~4 k: ssler 8 51116335510 Elks -c:a Si 5fiE 3 769 2Q.t~76 23.SQ46 s 1.59 51.59 5O.4Q9ri ai 1J SUC OO~i •uv. i.rd) ~.ralui .-d ..'..n ul'41-w..' Il u-n iak. icunry w...:,r. w~eli. Est mated Bridge Losta 626.655.00 see atta[he~d Internet Mapping Framework