Lanark Property RZ 08-006ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 32
BOISE IDAHO 07/14/10 12:14 PM
DEPUTY Bonnie Oberbillig III I'll'll'll'll'lllll'IIIIIII'lII III
RECORDED-REQUEST OF I
Meridian City 110~~4~9~
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. 3131 Lanark, LLC & 3163 Lanark, LLC, Owner/Developer
THIS DEVELOPMENT AGREE~9~6~~I,T (this Agreement), is made and
entered into this (d'~`~ day of ~. ,,,, I ~ , by and between City of Meridian, a
municipal corporation of the Stat of Idaho, hereafter called CITY, and, 3131 Lanark, LLC &
3163 Lanark, LLC, whose address is 4696 Overland Road, Ste. 152, Boise, Idaho 83705,
hereinafter called OWNER/DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developerhas submitted an application for re-
zoning of the Property described in Exhibit A, and has requested a
designation of C-G (General Commercial District) (Municipal Code
of the City of Meridian); 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 subject Property
will be developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Properly held before the
DEVELOPMENT AGREEMENT -LANARK PROPERTY (RZ 08-006) PAGE 1 OF 10
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 23`d day of December, 2008, has
approved City of Meridian Planning Department Staff Report, set
forth in Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as (the
Findings); and
1.8 WHEREAS, the Staff Report requires the Owner/Developer to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 OWNER/DEVELOPERdeerns it to be in his best interest to be able
to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at his urging and requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement, herein
being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above 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:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
DEVELOPMENT AGREEMENT -LANARK PROPERTY (RZ 08-006) PAGE 2 OF 10
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 3131 Lanark, LLC &
3163 Lanark, LLC, whose address is 4696 Overland Road, Ste. 152,
Boise, ID 83705, the party that owns and is developing said Property
and shall include any subsequent owner(s) or developer(s) of the
Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re-zoned C-G, (General
Commercial District) attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2B.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. Allowed uses on the subject property shall be as listed in UDC Table 11-2B-2
for the C-G district, except that drinking establishment uses shall be
prohibited.
2. Anew trash enclosure shall be constructed around the dumpster that
complements the overall design of the buildings on the site so that the visual
impact of the dumpster is fully contained and out of view from adjacent
properties and public streets (UDC 11-3A-12B). Chainlink fencing, with or
without slats does not qualify as a screening material, per UDC 11-3B-SM.
3. Construct a 10-foot wide multi-use pathway on the west side of Eagle Road
along the full length of the east boundary of the subject property, per UDC
11-3H-4C3. Said pathway shall be constructed within the right-of--way or a
public use easement and street lights shall be installed consistent with the
DEVELOPMENT AGREEMENT -LANARK PROPERTY (RZ 08-006) PAGE 3 OF 10
Eagle Road Corridor Study. Coordinate the exact location of the pathway
with ITD staff.
4. With the establishment of a new use(s) on this site, the applicant shall comply
with all current UDC standards.
5. The Fire Department requires any roadway greater than 150 feet in length that
is not provided with an outlet to have an approved turn around. Currently,
the site does not have an approved turn around. The applicant shall submit
written approval from the Fire Department of an approved turn around with
submittal of the Certificate of Zoning Compliance application.
6. A Design Review application shall be submitted with any future development
application (Conditional Use Permit or Certificate of Zoning Compliance) for
this site.
7. A Certificate of Zoning Compliance application is required to be submitted
for a change in use of the site, prior to commencement of the new use. All
required improvements shall be installed prior to occupancy.
8. The applicant is not required to construct a 35-foot wide landscape buffer
along Eagle Road.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs,
successors, assigns, to comply with Section 5 entitled "Conditions Governing Development
of Subject Property" of this agreement within two years of the date this Agreement is
effective, and after the City has complied with the notice and hearing procedures as outlined
in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of
the terms and conditions included in this Agreement shall constitute
default under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default
of this Agreement, Owner/Developer shall 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 maybe necessary to complete the curing
of the same with diligence and continuity.
DEVELOPMENT AGREEMENT -LANARK PROPERTY (RZ 08-006) PAGE 4 OF 10
7.3 Remedies. In the event of default by Owner/Developer that is not
cured after notice as described in Section 8.2, Owner/Developershalf
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 Waiver. A waiver by City of any default by Owner/Developer ofany
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 remedies of City nor apply to any subsequent default of any
such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Agreement and all other ordinances of the
City that apply to said Property.
9. DEFAULT:
9.1 In the event Owner/Developer, or Owner's/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be terminated by
DEVELOPMENT AGREEMENT -LANARK PROPERTY (RZ 08-006) PAGE 5 OF 10
the City upon compliance with the requirements of the Zoning
Ordinance.
9.2 A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Property by the City Council. If for any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release
of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an
uncured material breach of this Agreement, the parties agree that City
and Owner/Developer shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot with
diligence be cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be reasonably necessary to
complete the curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
DEVELOPMENT AGREEMENT -LANARK PROPERTY (RZ 08-006) PAGE 6 OF 10
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code §11-5-C, to insure that installation of the improvements, which
the Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developeragrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developer/Owner has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
3131 E. Lanark, LLC and 3163 E. Lanark, LLC
4696 Overland Road, Ste. 152
Boise, ID 83705
16.1 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.
DEVELOPMENT AGREEMENT -LANARK PROPERTY (RZ 08-006) PAGE 7 OF 10
17. 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.
18. 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.
19. 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 of the 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.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developerand City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developerand City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
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.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
DEVELOPMENT AGREEMENT -LANARK PROPERTY (RZ 08-006) PAGE 8 OF 10
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
3131 E. LANARK, LLC~p~I 3163 E. LANARK, LLC
CITY OF MERIDIAN
~ ,.
By: ~ .~
Mayor T de Weerd
ATTEST:
-9
C)~ oR~ rFO ~' ''
aycee Holman, City Clerl~ _
SEAL =
.9 ~Q ~•
.~
~ouNZY . ~,,.~.
DEVELOPMENT AGREEMENT -LANARK PROPERTY (RZ 08-006) PAGE 9 OF 10
STATE OF IDAHO, )
): ss
County of Ada, )
+~ ~~~
On this ~_ day o ,,.. ~ ~ ~~, before me, the
undersigned, a Notary Public in and for said State, personally ap eared
p
I ~~-~ -~~ r ~ ~~ G v~ ~--~ known or identified to me to be the
~, of 3131 E. Lanark, LLC and 3163 E. Lanark,
LLC, and ac ledged to me that he executed the same on behalf of said corporations.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
seal the day and year in this certificate first above written.
P.
..~oTA ~ y•,.
-)
' Av~L~G,o
~STAr ~• • : ~ P~~
STATE OF IDAHO )
ss
County of Ada )
C~ ~... ~ ~ C-•__.c
Notary Public or Idaho
Residing at: ' ,
My Commission Expires: / - a I -/ (i,
-~
On this ~~~ day of , 2p61, before me, a Notary
Public, personally appeared Tammy de Weerd and J cee L. Holman, know or identified to
me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
,....
•.
•.!~ZCA JO••.
•5
(SEAL) : y'`~'~~~TA~,~,~:C~'
~tD.
. .
• `,
••.....•
No Public fore
Resi ing at: ~} t lY~~i ~ ~
Commission expires: ~~Y, ~~ ~o ~
DEVELOPMENT AGREEMENT -LANARK PROPERTY (RZ 08-006) PAGE 10 OF 10
Legal Description
Tbrro4'hy J. Fox, Pi.S 7612
~? OF Q~SC~TIa~i
w, sotrreuasr arecc.ax
REVIE AL
9Y
~es:lalna rt+et,te
+Rtr1RK& DEPT.
CITY OF MERIDIAN E IDIAN.-
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND ~ ~
DECISION & ORDER
In the Matter of Rezone of 2.20 acres from the I-L to the C-G zoning district, by Patrick
McKeegan.
Case No(s). RZ-08-006
For the City Council Hearing Date of: December 2, 2008 (Findings on the December 23,
2008 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 2, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 2, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 2, 2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 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.
The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-006
-1-
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 provisions of the Development Agreement in the
attached Staff Report for the hearing date of December 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:
The applicant's Rezone as evidenced by having submitted the legal description and
exhibit map stamped and dated October 4, 2007, by Timothy J. Fox, PLS, is hereby
conditionally approved; and,
2. A Development Agreement is required with approval of the subject rezone and shall
include the provisions noted in the attached Staff Report for the hearing .date of
December 2, 2008, incorporated by reference.
D. Attached: Staff Report for the hearing date of December 2, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-006
_Z_
/~'
By action of the City Council at its regular meeting held on the ~/ day of
rD_~~ -i%? , 2008.
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
VOTED
VOTED
VOTED
VOTED
VOTED '~"~
Mayor Tammy a ee tf---
c~~~o+rF q'~' --
aycee H[~lf ari, City Clerk
Copy served upon Applicant,
Attorney.
9 ~~
T18't/
rrnm n+~
Public Works Department and City
Dated• ~ c7 °o~y''~
Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-006
-3-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER Z, 2008
STAFF REPORT
Hearing Date: December 2, 2008
To: Mayor & City Council E IDIAN
FROM: Sonya Wafters, Associate City Planner i ~ e , 4~ t
(208) 8845533
SUBJECT: Lanark Property
• RZ-08-006
Rezone of 2.20 acres from the I-L to the C-G zoning district
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Patrick McKeegan, is requesting a Rezone (RZ) from the I-L to the C-G zoning
district fora 2.20 acre site. There are two existing structures on the site and no new development or
uses are proposed at this time.
The site is located at 3131 and 3163 E. Lanark Street, on the southwest corner of N. Eagle Road and
Lanark Street.
2. SUNIlVIARY RECONIlVIENDATION
Staff has provided a detailed analysis of the requested RZ application below. Staff recommends
approval of the subject rezone request (R~08-006) as presented in the staff report with a
Development Agreement, based on the Findings listed in Ezhibit D of this staff report.
The Meridian Planning & Zoning Commission heard this item on November 6.2008. At the
public hearing they moved to recommend approval of the subiect RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Patrick McKeegan
li. III ODposltlOII: None
iii. Commenting• None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Anna Canning
b. Kev Issue(s) of Discussion by Commission:
i. The specific lighting standards required by the Eagle Road Corridor Stady:
ii. Additional landscaping is required on the site to comply with current UDC standards;
iii. The applicant is not required to install a 35' wide landscape buffer adiacent to Eagle
Road:
c. Kev Commission Change(s) to Staff Recommendation:
i. Add a DA provision that the applicant is not required to constrict a 35-foot wide
landscape buffer along Eagle Road;
d. Outstanding Issue(s) for City Council:
L Clarification that a CZC is required for the e~sting business (Sleep with Grace). and all
future tenants. for a change in use from industrial to commercial.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI-IE HEARING DATE OF DECEMBER 2, 2008
~ in favor: Patrick McKee¢a
j~„ In opposition: None
lUl. Commenting• None
~ 'Writt~p~estimonv on
~ S aff oresentin_g aonlication: P rie ma
yam' Other staff commentinu on annLication: None
~, Kev Issues gf Discussion by Council:
j, Traffic impact from I- zoned nronerty vs. C- =zoned oronerty:
jj~ Clari$cation that a 35-foot wide buffer i~q not rea fired low F.aQle hnt a 10-foot
ide multi-use na hwav 's rea fired:
w
The rnin of the constn.ction of the 10-foot wide nathwav along F,a~e:
id
~ ~a..~....n> ..~,.e a.. o~~ alnn.r T .~nar>> ornant fur s ahnrt section nn the pagt S
e.
-cat a.w a.-~fi6! - - _-
ired because of the fntnre widenine of the Ltersec~'on~
which should not be reou
,~ _
_
Kev Council ('hanQes to Staff/Co mission Recommendgtion
~ e,...:tie n w ,...n.,:si.... iti ~ ~c that rrnnires a 5-foot wide sidewalk to be installed
alnnQ L.ansrk treat.
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number RZ-08-
006, as presented in the staff report for the hearing date of December 2, 2008, with the following
modifications to the conditions of approval: (add any proposed modifications).
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number R~0$-006,
as presented during the hearing on December 2, 2008, for the following reasons: (you must state
specific reasons for denial and what the applicant could do to obtain your approval in the future)..
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number RZ-08-
006 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Loeation:
3131 and 3163 E. Lanark Street
Located in the southeast 1/a of Section 8, Township 3 North, Range 1 East
b. Owner:
3131 Lanark, LLC and 3163 Lanark, LLC
4696 Overland Road, Ste. 152
Boise, ID 83705
c. Applicant /Contact:
Patrick McKeegan, McKeegan Architects
280 N. Latah, Ste. 100
Boise, ID 83706
Lanark Property RZ-08-006 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
d. Present Zoning: I-L (Light Industrial)
e. Present Comprehensive Plan Designation: Industrial
f. Description of Applicant's Request: The Applicant is requesting a Rezone of 2.20 acres from the
I-L to the C-G zoning district. No new development or uses are proposed at this time.
g. Applicant's Statement/Justification (reference submittal material): .Taken from the applicant's
narrative, "When the property was originally zoned I-L many years ago, the growth and exteirt of
retail uses along Eagle Road were not anticipated. Since then it has become apparent that retail
and office uses offer an attractive buffer between Eagle Road and the industrial uses back from
the street. As a major entry corridor in Meridian, office and retail uses, with the higher design
standards, should be the desired use to provide an attractive impression for residents and visitors."
See applicant's narrative submitted with the application for more information.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By
reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC I1-SA-2D, a public
hearing is required before the Planning and Zoning Commission and City Council on this matter.
b. Newspaper notifications published on: October 20, 2008 and November 3, 2008 (Commission);
November 3. and 17.2008 (City Council)
c. Radius notices mailed to properties within 300 feet on: October 10, 2008 (Commission);
October 24, 2008 (City Council)
d. Applicant posted notice on site by: October 22, 2008 (Commission); November 20, 2008, (City
Counc'
6. LAND USE
a. Existing Land Use(s): There is currently a vacant 6,500 square foot building on the southern
portion of this site that the applicant proposes to market for commercial uses along with an
existing 12,000+/- square foot multi-tenant building to the north. Currently, the multi-tenant
building houses a bedding and mattress company; the rest of the tenant spaces are vacant.
b. Description of Character of Surrounding Area: The surrounding area consists of retail &
industrial uses and commercial 8t industrial zoned vacant land.
c. Adjacent Land Use and Zoning
1. North: Vacant land, zoned C-G
2. East: Eagle Road and retail (R.C. Willey's), zoned C-G
3. South: Vacant land, zoned I-L
4. West: Industrial uses, zoned I-L
d. History of Previous Actions:
• This property was previously platted as Lots 1 & 2, Block 2, of Olson & Bush Industrial Park
subdivision.
• A Record of Survey (#7190) was recorded in 2005 as Instrument Number l OS 198226 that
changed the configuration of Lots 1 and 2, Block 2.
• A Certificate of Zoning Compliance (CZC-05-099) was approved in 2005 fora 6,000 square
foot office/warehouse building on the southern portion of this site. Note: If the subject RZ
Lanark Property RZ-OS-006 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
request is approved, a CZC will be required for a change in use of the site from an
o~`ice/warehouse use to a commercial use.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Existing building already serviced.
Location of water: Existing building already serviced.
Lssues or concerns: None
2. Vegetation: There is some existing landscaping within the pazking lot area on this site (the
street buffer along Eagle Road does not contain landscaping as it lies on a substantial grade).
3. Floodplain: N/A
4. Canals/Ditches Irrigation: N/A
5. Hazards: N/A
6. Existing Zoning: I-L (Light Industrial)
7. Property Size: 2.20 acres
f. Landscaping: Landscaping is not required with the subject RZ application; however, landscaping
in accordance with UDC standards will be required with approval of any future Conditional Use
Permit or Certificate of Zoning Compliance application.
g. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this
site is provided from N. Eagle Road via Lanark Street. No new access points or streets are
proposed or approved with this application.
7. COMMENTS MEETING
On October 16, 2008, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire Department, Meridian Public
Works Department, and the Sanitary Services Company. Staff has included comments, conditions,
and recommended actions in Exhibit B below.
$. COMPREHENSIVE. PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map designates the subject property as "Industrial." The
land use categories and locations depicted on the map are conceptual. For this reason, the Planning
Director has determined that the proposed C-G zoning district is generally consistent with the
Comprehensive Plan because of the adjacent commercial uses and zoning to the north and east of the
subject property and because of the property's location on Eagle Road. Further, Planning Staff
believes that commercial uses are more appropriate than industrial uses adjacent to transportation
corridors such as Eagle Road for aesthetic reasons. For this reason, an amendment to the future land
use map is not requested nor is it considered necessary by the Planning Director for the rezone request
to the C-G zoning district. However, the Commission and Council should also determine if the
applicant's request is appropriate and in the best interest of the City.
Staff finds that the request generally conforms to the stated purpose and intent of 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):
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action item 2)
Lanark Property RZ-O8-006 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
Although the subject property is located adjacent to Eagle Road, an arterial street, no new
access points are proposed or approved to Eagle Road with this application. Access to the
site exists from Lanark Street.
• "Permit new ...commercial development only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City." (Chapter
IV, Goal I, Obj. A, #6)
This property is already within the City and sanitary sewer and water have already been
provided to this site.
• "Plan for a variety of commercial and retail opporhmities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
Staff believes that rezoning this property to C-G wild contribute to the variety of uses in this
part of the City and will serve as an aesthetic bu, fj`er between Eagle Road and the industrial
uses to the west of this site.
• Encourage compatible uses to mi~m;~e conflicts and maximize use of land. (Chapter VII,
Goal IV)
The area surrounding this property consists of industrial and commercial uses. Staff believes
that the proposed commercial use of this property will be compatible with other existing
commercial uses adjacent to Eagle Road.
Staff believes that the proposed C-G zoning is consistent wlth the Comprehensive Plan and is
compatible with the surrounding uses. Staff recommends that the Commission and Council rely on
any verbal or written testimony that may be provided at the public hearing when determining if the
applicant's request is appropriate for this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and
conditional uses in the C-G zoning district.
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 (C-N, C-C, C-G, and L-O) are designated which differ in the size and scale of
commercial structures accommodated in the district, the scale and mix of allowed commercial
uses, and the location of the district in proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the
proposed RZ request as presented in the staff report, with the following comments:
Rezone (RZ): The applicant is requesting to rezone 2.20 acres from the I-L to the C-G zoning
district in order to market the site for commercial uses. No new development or uses are proposed
on the subject property at this time. The property's current I-L zoning allows for industrial type
uses. Currently, the multi-tenant building houses a bedding and mattress company (Sleep with
Grace); the rest of the tenant spaces are vacant. The tenant space for the mattress company
consists of approximately 9,000 square feet; 6,000 square feet of which is used for a retail
showroom As it currently operates, the mattress company would be a permitted use in the
Lanark Property RZ-O8-006 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
proposed C-G district. If the rezone is approved, the applicant would be required to apply for a
Certificate of Zoning Compliance for a change in use, prior to commencement of a new use.
The subject property consists of two lots (Lots 1 & 2, Block 2) in Olson & Bush Industrial Park.
A Record of Survey (ROS) (#7190) was recorded in 2005 that changed the configuration of the
lot lines to its current configuration. The ROS depicts the northwest property as Parcel A and the
southeast property as Parcel B.
The legal description for the proposed rezone submitted with the application (prepared on
October 4, 2007, by Timothy J. Fox, PLS) shows the property within the existing corporate
boundary of the City of Meridian (see Exhibit C).
Future Uses: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-G
zoning district. Staff has reviewed the list of allowable uses in the C-G district and believes all are
acceptable uses for this site except for a drinking establishment. Staff believes that the site is too
small and does not have enough off-street parking to accommodate this type of use. For this
reason, Staff is recommending a DA provision that a drinking establishment use be
prohibited on the site.
Access: Access to the site is provided from Eagle Road via Lanark Street. No new access points
to this site are requested or approved with this application. Direct access to Eagle Road is
prohibited.
Parking: In commercial districts, the UDC (11-3C-6) requires one vehicle space to be provided
for every 500 square feet of gross floor area. The existing structures on the site consist of 18,676
square feet collectively. Therefore 37 parking spaces are required per UDC requirements; 69
parking spaces (including 3 compact spaces) are provided on the site. The existing parking
exceeds that required by the UDC.
Trash Enclosure: There is an existing trash enclosure on the site that is enclosed by a chain link
fence with slats for screening. The UDC does not allow slats as a screening material or chain link
fencing in commercial districts. Staff is including a DA provision for the Applicant to
construct a trash enclosure aroand the dumpster that complements the overall design of the
buildings on the site so that the visaal impact of the dimpster is fully contained and out of
view.
Sidewalks: Currently, there is not a sidewalk adjacent to Lanark Street. The UDC (11-3A-17)
requires a minimum 5-foot wide sidewalk to be constructed on the south side of Lanark along the
northern boundary of this site. Staff is including a DA provision for the applicant to constrict
a sidewalk adjacent to Lanark Street in accordance with the aforementioned standards.
Multl-Use Pathway: All developments adjacent to State Highway 55 (Eagle Road) are required
to construct a 10-foot wide multi-use pathway adjacent to the state highway in compliance with
UDC 11-3H-4C3. Staff is including a DA provision for the applicant to construct a 10-foot
wide pathway on the west side of Eagle Road along the full length of the east boundary of
the subject property. Said pathway shall be constructed within the right-of-way or a public
use easement and street lights shall be installed consistent with the Eagle Road Corridor
Stady. Coordinate the enact location of the pathway with l'I'D staff.
Landscaping: The site development plan submitted by the applicant depicts current tree/bush
locations; however, is not a detailed plan (does not show a plant schedule). Per UDC 11-SB-1,
with the establishment of a new use, the applicant is required to comply with current UDC
development standards. Staff has visited the site and reviewed the site development plan
submitted with this application and found the existing landscaping does not comply with many of
the current standards such as:
Lanark Property RZ-08-006 p~ 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
Typically, a 35-foot wide landscaped street buffer would be required along Eagle Road,
an entryway corridor. However, in this case, the Idaho Transportation Department does
not encourage landscaping within the right-of--way because it may need to be removed
because of highway improvements and/or maintenance (see letter from ITD in Exhibit
A.4). They (ITD) do not replace or repair the landscaping in these instances. Further,
landscaping within the right-of--way requires maintenance and this would need to be done
by someone other then ITD personnel and they prefer not to have non-ITD personnel
working in the right-of--way. Landscaping within the right-of--way requires approval of a
permit to do so; however, ITD discourages this if possible. For this reason, sta,,~' is not
requiring the applicant to install landscaping within the bu,~er adfacent to Eagle Road
The entire buffer width is still required for setback purposes, but landscaping is not
required
• Per UDC Table 11-2B-3, a 10-foot wide street buffer is required along Lanark Street in
compliance with the standards listed in UDC 11-3B-7 and 11-3B-5. A buffer currently
exists on the site; however, additional landscaping (trees and vegetative groundcover)
is required in compliance with the aforementioned sections of the UDG
• Parking lot landscaping is required in accordance with the standards listed in UDC I1-
3B-7. Sta, ff has reviewed the site development plan and several additional trees are
required to be installed within the planter islands and perimeter landscape bu,,~`er along
with vegetative groundcover to meet current UDC standards. Required landscape areas
are required to be at least 70% covered with vegetation at maturity with mulch used
under and around the plants; gravel is not allowed as mulch. Remove and replace
some/all of the gravel with vegetative groundcover in accordance with the
aforementioned requiremenx Additionally, aU planter islands shall be a minimum of S
feet in width, measure inside curbs and planter islands shall be placed at the ends of
rows of parking; one planter island, located at the southeast corner of the multi-tenant
building, is below the required width.
A revised sitellandscape plan that meets current UDC standards as discussed above and as
detailed in the UDC, should be submitted with any Conditional Use Permit or Certificate of
Zoning Compliance application for the change is use of this site.
Elevations: Elevations of the existing buildings were submitted with this application and are
included as Exhibit A.3 in this report.
Design Standards: Because this site is located adjacent to an entryway corridor, it is subject to
the design standards listed in UDC 11-3A-19C. The applicant is required to submit a Design
Review applicatlon with any future development application (Conditional Use Permit or
Certificate of Zoning Compliance) for this site.
Certificate of Zoning Compliance: The purpose of a Certifcate of Zoning Compliance (CZC)
permit is to ensure that all construction, alterations and/or the establishment of a new use
complies with all of the provisions of the UDC before any work on the structure is started and/or
the use is established (UDC 11-SB-lA). To ensure that all of the DA provisions listed in
Eslubit B are complied with, the Applicant will be required to obtain CZC approval from
the Planning Department prior to establishment of the new use. All improvements most be
installed prior to occupancy. Because this site is located adjacent to an entryway corridor,
compliance with the design standards listed in UDC 11-3A-19C is required. Design Review
approval should be requested concurrently with the CZC application.
Development Agreement: UDC 11-SB-3D2 provides the Planning & Zoning Commission and
City Council the authority to require a property owner to enter into a Development Agreement
Lanark Property RZ-08-006 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
(DA) with the City of Meridian that may require some written commitment for all future uses. In
this instance, staff believes that a Development Agreement ~s necessary because a specific
land use is not proposed at this time and 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 feel that additional development agreement
provisions are necessary, staff recommends a clear outline of the commitments of the developer
being required.
Prior to rezone ordinance approval, a 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 898-5506 to initiate this process. The DA shall
incorporate at least the following:
• Allowed uses on the subject properly shall be as listed in UDC Table 11-2B-2 for the C-
Gdistrict, except that drinking establishment uses shall be prohibited.
• Anew trash enclosure shall be constructed azound the dumpster that complements the
overall design of the buildings on the site so that the visual impact of the dumpster is
fully contained and out of view from adjacent properties and public streets (UDC 11-3A-
12B). Chainlinkfencing; with or without slats does not qualify as a screening material,
per UDC i 1-3B-SM.
• Construct a minimum 5-foot wide sidewalk adjacent to Lanark Street along the north
boundary of this site in accordance with the standards listed in UDC 11-3A-17.
• Construct a 10-foot wide multi-use pathway on the west side of Eagle Road along the full
length of the east boundary of the subject property, per UDC 11-3H-4C3. Said pathway
shall be constructed within the right-of--way or a public use easement and street lights
shall be installed consistent with the Eagle Road Corridor Study. Coordinate the exact
location of the pathway with TIT) staff.
• With the establishment of a new use(s) on this site, the applicant shall comply with all
current UDC standards.
• The Fire Department requires any roadway greater than 150 feet in length that is not
provided with an outlet to have an approved turn around. Currently, the site does not have
an approved turn azound. The applicant shall submit written approval from the Fire
Department of an approved turn around with submittal of the Certificate of Zoning
Compliance application.
• A Design Review application shall be submitted with any fixture development application
(Conditional Use Permit or Certificate of Zoning Compliance) for this site.
• A Certificate of Zoning Compliance application is required to be submitted for a change
in use of the site, prior to commencement of the new use. All required improvements
shall be installed prior to occupancy.
b. Staff Recommendation: Staff recommends approval of RZ-08-006 with a Development
Agreement, based on the Findings listed in Exhibit D and DA provisions listed in Exhibit B of the
staff report. The Meridian Plannin¢ & Zonine Commission heard this item on November 6
2008. At the nnblic hearine they moved to recommend approval of the subject RZ repnest.
The Meri ian City Council heard this item on December 2 2008 A he nnhlic he' nn h
Co n it annroved h snbie 7, reanesta
Lanark Property RZ-08-006 Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
11. EXffiBITS
A. Drawings/Other Documents
1. Vicinity/Zoning Map
2. Site Plan
3. Building Elevations (Existing Structures)
4. Letter from the Idaho Transportation Department Regarding Street Buffer Landscaping along
Eagle Road
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Idaho Transportation Department
C. Legal Description & Exhibit Map
D. Required Findings from the Unified Development Code
Lanark Property RZ-08-006 Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
A. Drawings
1. Vicinity /Zoning Map
Exhibit A Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
2. Site Plan
y, a
waa ~r~a
R
runty '~'°~
~
cp
y~
~.
wsrtr~4i'ms..~ .._ ...
x~: ~~
~:ux~'r a-~F:e.
.. vi ~~4rr: ,... ..e.
.u. w ,, ~
_~~ ~ ~a;~
.~ .
... ...
..
-:: ,
`^ art
./ ~ y
~ e
'
"
.
i 1
i. ~ ^C
7
~~i,
~...s.yr yy-,c
if,
1'
f ~i
fR / i~
1 TIM' ~::
/
I
v /
i
i i 1 q
jj
v ' .
r;;..... . , ,~
~`(~
~c' ,.
~.
...r riv
It, ` ~
1~'
.~
~~ y .. r.~..-.....,..».....,
~~
i I `
` i ~~ ~R „~
I
~.
i
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
3. Building Elevations (Existing Structures)
=~~ :T--,
~+
I ;
~ I~--~•~
i ;:
.,
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
4. Letter from the Idaho Transportation Department Regarding Street Buffer Landscaping along Eagle
Road
~^,ct. ~I. ?C~G3 ~~:23~.~ aA'RICK ~ICKE:cA~ ~&CHITECT io.'C~? ?. 2
t tOd-MO $N4NiR01lTATtOR ~F'ARTMENT
wa 9ox eon
t3bisa,lA ti.97C7.2028 t~0) 934.8300
kd.idalro.yowe
September 20, 2007
Patrldc Mc Keegan
P.O. ~x 5946
Bodse. Idaho 83705
Re: 318113183 Lanark Street lsadsr
Dear Mr. McKeegan,
We recedved your otter wing landscaping Mrgl~n the SH 65 (Eagle Rd.} right a Mrey. 8 ya, +woore b
have a des~e m randacepa a me right otvray y~r MrDllld bs ~~ tD appiy for a p~nit m ~ so.
I.T.D. dose rwt encourage this as landscaping msy rid m be r~errrowxt because of higlia~y
4nprovemerde arrdlor mainten®noe. We MRMtId rxH replace o- repair the IarWsc~ng. Lands~pnq wtff~r are
right ~ requeett malntertanee and thin Would need io tae done by sameorre other then ITD p~sannei. We
MRS prsafer nd m treve non RD pe-aOnrrel MIQ1k~ ~1 the right Of vvaY. Landscaping pem~ite hews been
Isar in the past but Mrs b'y m d~oourage the H possib~.
If you ha~no any questions concerning tiro aecese pkiese c80 me st 334-8901. -
S (.~.-8'~'Ys~
h'ii 'tp~oete
Senor t'tanrtsr
pr l
4~T lj „...
...rd,
~~~D
Exhibit A p$ge i
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
B. Comments/Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Rezone -Comments
1.1.1 The legal description for the proposed rezone submitted with the application (prepared on
October 4, 2007, by Timothy J. Fox, PLS) shows the property within the existing corporate
boundary of the City of Meridian (see Exhibit C).
1.1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian and the
property owner(s) (at the time of rezone ordinance adoption). The Applicant shall contact the
City Attorney, Bill Nary, at 898-5506 within one year of Council approval to initiate this
process; a fee of X303.00 shall be paid by the applicant to the City Attorney's otBce prior to
commencement of the DA. The DA shall include, at n,inir„um, the following:
a. Allowed uses on the subject property shall be as listed in UDC Table 11-ZB-2 for the C-
G district, except that drinking establishment uses shall be prohibited.
b. Anew trash enclosure shall be constructed around the dumpster that complements the
overall design of the buildings on the site so that the visual impact of the dumpster is
fully contained and out of view from adjacent properties and public streets (LTDC 11-3A-
12B). Chainlink fencing, with or without slats does not qualify as a screening material,
per UDC 11-3B-SM.
d. Construct a 10-foot wide multi-use pathway on the west side of Eagle Road along the fiill
length of the east boundary of the subject property, per UDC 11-3H-4C3. Said pathway
shall be constructed within the right-of--way or a public use easement and street lights
shall be installed consistent with the Eagle Road Corridor Study. Coordinate the exact
location of the pathway with ITD staff.
e. With the establishment of a new use(s) on this site, the applicant shall comply with all
current UDC standards.
f. The Fire Department requires any roadway greater than 150 feet in length that is not
provided with an outlet to have an approved turn around. Currently, the site does not have
an approved turn around. The applicant shall submit written approval from the Fire
Department of an approved turn around with submittal of the Certificate of Zoning
Compliance application.
g. A Design Review application shall be submitted with any future development application
(Conditional Use Permit or Certificate of Zoning Compliance) for this site.
h. A Certificate of Zoning Compliance application is required to be submitted for a change
in use of the site, prior to commencement of the new use. All required improvements
shall be installed prior to occupancy.
i. The aAalicant is not required to construct a 35-foot wide landscape buffer along
Eagle Road
Z. PUBLIC WORKS DEPARTMENT
2.1 All utilities have been installed with the 2005 CUP for Pacific NW Electric.
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.3 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.
3. FIRE DEPARTMENT
3.1 The Fire Department requires any roadway greater than 150 feet in length that is not provided
with an outlet to have an approved turn around. Currently, the site does not have an approved tum
around. The applicant shall submit written approval from the Fire Department of an approved
turn around with submittal of the Certificate of Zoning Compliance application.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments to the Planning Department on this application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments to the Planning Department on this application.
6. SANITARY SERVICES COMPANY
6.1 Provide an approved turn-around for access to the trash enclosure.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACRD did not submit comments on this application.
8. IDAHO TRANSPORTATION DEPARTMENT
8.1 No direct access will be permitted to Eagle Road; access will be from E. Lanark.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF DECEMBER 2, 2008
C. Legal Description & Exhibit Map
caw~Rlc PROPERTY t~ESCRIPTIOW
LOT 1 Ai1D 2, Bt OGYC 2QR TIC Ott Arm taNesr Orot~Traer. PareK SUeogrtstr~ AMp A
Prxe'rrprr pF LArr~IRic 8Tfl8YT ArIQ ~ F~OriD, LOt.J17~ i!1 a POItT1oM taF T11! ~OitTNE11ST
y/s QF TMI~ LROY'IT~J1S7 ~/~e $~1'~11$s T ~ ~THr ~/U~C ~ ~A87~
fN, (~TYOF ~tlOMM, Aa-r+IDKNt11r, ICN1tr0
!.u# 1 and 2. Buck 2 of the Olson arxt Bwh ! Park Stv#stian and a Portion at
I.arwlrk Street end Road, t~ocaatad to a P' of lire $ar##'i4 of ~ Southey!
Y,. Sates 8. TowrsohiP 3 Nett, RanOe 1 East. t3oiee b~ridisxr. ~ of AIIBnidian, Ad®
GowrtY. Ids, rcsanel ~r~euiy as logotws;
Be~nnhp et the tatetd Brims ~P the 8outttesst corner of $+ 8, T.3N, R.1E,
tram wlfiichi the sound t3rass t,,s~t rrr~tg the Eest 1d4 t~rtear of Section 8 t~slns Nora
01'2ti'08' Eat a diet~uss of 2650.12 reek
Thence the y boundary Fine of saW Sectiwt 8, North 01°28'08 Esst, 8
disterxos of 498.(iQ feral to tie 7'RilE POINT ~ ;
Timothy J. Fox, PLS 7812
tB~ ~ aF
~. sounwaY r>gsc.~oc
REVIE i1L
HY
eac-aloha ruauc
+~laKB ern
Exhibit C Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
a~aa nfsr. ~ttnto~eas i,ix
s.c~ s~
~, .
CENTER LINE OP F2AtLS ~
U N i O M P A C I ~'° I C t"t A t t.. R O A p `~
~:
~ ~'
8 t O C K 1
,~ z r
- a
t A N A R K 5 T R E E ~'
N
CD
eA
w
~ Not 7o Sce~i•
ap
N
a
p~aAN I'UBLIG
Yi~r'~xS t:ttxPi
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF DECEMBER 2, 2008
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from I-L to C-G. The City Council
finds that the proposed zoning map amendment complies with the applicable provisions of
the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of
the staff report for more information.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the requested C-G zoning for this property would provide for the
retail and service needs of the community, as stated in the purpose statement for the
commercial districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and Council rely on
any oral or written testimony that maybe provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision provlding 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 best of interest of the City ([TDC 11-SB-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation.
Exhibit D Page 1