Somerton Sub RZ 10-006AQA COUNTY RECORQER Christopher D. Rich AMOUNT .00 a7
801SE IDAHO 05104111 11:35 AM
DEPUTY Vicki Allen II I I) II' II' II II I I' III II II'I' I' II I'll
RECORDEQ-REQUEST OF 1110~7~71
City of Meridian
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Overland 16, LLC, Owner/Developer
THIS D VELOPMENT AGREEMENT (this Agreement), is made and entered
into this day of , 2410, by and between City of Meridian, a
municipal orporation of the State of Ids, hereafter called CITY, and Overland 16,
LLC, whose address is P.O. Box 344, Meridian, TD 83b84, hereinafter called
O'WNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, OwneriDeveloper are the sole owners, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, herein after
referred to as the P~ropr'; and
1.2 WHEREAS, I.C. § b7•b51 lA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developermake awritten commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developerhas submitted an application for re-
zoning of the Property described in Exhibit A, and has requested a
rezone of 16.12 acres of land from the C-N (Neighborhood Business)
to the C-C (Community Business) zoning 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
DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 1 OF 10
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 rezoning
designation of the subject Property held before the Planning &
Zoning Commission, and subsequently before the City Council,
include responses of government subdivisions providing services
within the City of Meridian planning jurisdiction, and received further
testimony and comment; and
1.7 WHEREAS, City Council, the 14th day of December, 2010, has
approved Findings of Fact and Conclusions of Law, 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 OwnerlDeveloper to enter
into a development agreement before the City Council takes final
action on and the re zoning designation; and
1.9 WHEREAS, Owner/Developer deems 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, the site was originally approved and annexed in 2000
and is governed by an existing development agreement recorded as
Ada County instrument # 100056509 and subsequently amended in
2007 as Ada County instrument # 107005524 The property referred to
in the attached Exhibit A is hereby removed from the above recorded
development agreements.
1.11 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 ownersand toensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code, Title 11.
DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 2 OF 10
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
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 OWNERDDEVELOPER: means and refers to Overland 16, LLC,
whose address is PO Box 344, Meridian, ID 83680, one of the parties
that owns said 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 rezone of 16.12 acres of land
from C-N (Neighborhood Business) to the C-C (Community
Business}zoning 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 § 11-3B.
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:
DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 3 OF 10
1. Development of this site shall be consistent with the site plan,
landscape plan, and building elevations included in Exhibit B. The
building elevations for the carwash and quick lube planned for the Fast
Eddy's site shall be consistent with the convenience store in design
and building materials.
2. City Council approved a waiver to UDC 11-3A-3 to allow the access
points depicted on the plat to/from Locust Grove & Overland Roads.
3. A Certificate of Zoning Compliance (CZC) application is required to be
submitted for all future structures on the site in accord with UDC 11-SB-
1.
4. An Administrative Design Review application is required to be
submitted concurrently with the CZC application for all future
structures on the site in accord with UDC 11-SB-8B. As applicable, the
site and structures shall comply with the standards listed in UDC 11-
3A-19anl the guidelines contained in the City's Design Manual.lVote:
The convenience store & fuel facility for Fast Eddy's was approved
with CUP-10-O11 ~ DES 10-044.
6. COMPLIANCE PERIODICONSENT 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 A reement is
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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 maybe
DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 4 OF 10
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/Developer shall
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
67-651 1. Owner/Developerreserues 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 byany 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 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 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
DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 5 OF 10
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be terminated by
the City upon compliance with the requirements of the Zoning
Ordinance.
9.2 A waiver by City of any default by Owner/Developer ofany 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'scnst, 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 orOwner/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.
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 (3 0) 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
maybe 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
DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 6 OF 10
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code § 11-5-C, to insure that installation of the improvements, which
the Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees 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
3 3 E. Broadway Ave.
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
3 3 E. Broadway Avenue
Meridian, ID 83642
OwNER/DEVELOPER:
Overland 16, LLC
PO Box 344
Meridian, ID 83680
DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 7 OF 10
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.
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 obli ations hereunder shall
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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 bebinding onthe 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 of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developerbas 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/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
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.
DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 8 OF 10
21.1 No condition governing the usesand/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
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.
OVERLAND 16, LLC
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CITY OF MERIDIAN
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DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ l ~-006) PAGE 9 OF 10
STATE OF IDAHO, )
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County of f~clcz )
On this I ~ day of ~e~,.ec~nbet" , 2010, before me, a Notary
Public in and for said State, personally appeared ~i ~ ~ ~ on behalf
of Overland 16, LLC, known or identified to me to b the person who executed this
agreement and acknowledged to me that he executed the same on behalf of said limited
liability 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.
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STATE OF IDAHO )
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Notary Public for Idaho
Residing at: (~1;. ~C~,,Q,G1
My Commission Expires: ~ ~ ~
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On this day of , ~~; before me, a Notary
Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to
me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 10 OF 10
EKHIBIT A
October 1, 2010
DESCRIPTION F®It MERIDIAN CITE C-N TO C-C REZONE
PROPOSED S®MERTON BUSINESS PARK SUBDIVISION
located in the NVV % of Section 20, T. 3N., R. l E., B.NI., Meridian, Ada County,
A parcel of
' described as follows: Commencing at the Northwest corner of said Section
Idaho, more particularly .
~~ ~ F BEGINNING of this descri tion, from which the West 1/4 corner of said
20, the REAL POINT 0 P
Section bears South 00°34' 18" Nest, 2654,53 feet;
Thence aloe the north line of said NW ~/~ South 89°52'37" East, 595.39 feet;
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Thence South 07°06' 00"East, 175.83 feet;
Thence South 18°21' 3 5"East 470, 81 feet;
Thence South 16° 14'04" East, 216,98 feet;
-°29' 13" East 140.31 feet to a point on the south right-of-way of E. Puff n
Thence South 0~
Street;
' south ri ht-af-wa and the extension thereof South 89°59'23" west, 849.95
Thence along said g Y
feet to a point on the west line of said N~V %a;
said west line North 00°34' 18" East, 970.53 feet to the REAL POINT OP
Thence along
BEGINNING. Containing 16,12 acres, more or less.
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EXHIBIT A
STAFF REPORT
HEARING DATE:
T0:
FROM:
December 7, 2010
Mayor & City Council
Sonya Watters, Associate City Planner
208-884-5533
~~E IDIAN~--
IDAHO
SUBJECT:
RZ-10-006; PP-10-006 -Somerton Subdivision
CUP-10-O1 l; DES-10-044 -Fast Eddy's
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
Overland 16, LLC has applied for a rezone (RZ) of 16.12 acres of land from the C-N (Neighborhood
Business) to the C-C (Community Business) zoning district and a preliminary plat (PP) consisting of 5
building lots on 13.19 acres of land for Somerton Subdivision.
ST Investments has applied concurrently for a conditional use permit (CUP) for Fast Eddy's consisting of a
convenience store, fuel sales facility, vehicle washing/detail facility, quick lube, and drive-through in the
proposed C-C zoning district on the northern portion of the site. Fast Eddy's is proposed to be located on
two of the future lots in the proposed subdivision consisting of 3.83 acres. Administrative design review
(DES) is also requested for the site, convenience store and fuel canopy.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ, PP, and CUP based on the Findings of Fact and
Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard these items on November 4, 2010. At the public
hearing they moved to recommend approval of the subiect RZ, PP, and CUP requests.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay; Steve Eddy; Greg Johnson; Taylor Merrill
ii. In opposition: None
iii. Commenting: Michael Wells
iv. Written testimony: None
v. Staff presenting application: Anna Canning
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. Width of the drive aisle between gas pump
ii. Traffic congestion in the general area & future improvements to Locust Grove;
iii. Access to the site via Locust Grove & Overland Roads as propo_ d.
c. Key Commission Change(s) to Staff Recommendation:
i. N_
d. Outstanding Issue(s) for City Council:
i. The applicant requests a waiver to UDC 11-3A-3 which requires access to be taken from a
local street (E. Puffin St.) where available, to allow the access points proposed on the plat to
Overland and Locust Grove Roads.
~ ummarv of City Council Public H .arinu~
L _ favor: Becky McKay. teve .ddv. Taylor Merril
PAGE 1
EXHIBIT A
In o pposition: None
iii Com menting: None
i~ Wri tten testimonv: Bruce & Edith Waite and Eugene & Gerrv Viertel
~, ~ ' ~~pplication: Sonya Watters
yi:. Oth er staff commenting on application: Anna Canning
~_ Key Iss ues of Discussion by Council:
i~ The proposed access points to the site via Locust Grove & Overland in regard to the
' or a waiver to the access requirements listed in UDC 11-3A-3:
~. rom the carwash and the impact on nearby residents
~_. Key Co unc 1 Changes to Staff/Commission Recommendation
is Mod ify DA provision #1.1.2b and condition of a~,proval #1.2.1b in Exhibit B to reflect
o ~ n it approval of a waiver for access to Locust Grove & Overland Roads as_denicted
on t he p~nosed at.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval of File Numbers
RZ-10-006, PP-10-006, and CUP-10-O1 l as presented in the staff report for the hearing date of November
4, 2010, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial of File Numbers
RZ-10-006, PP-10-006, and CUP-10-O11, as presented during the hearing on November 4, 2010, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers RZ-10-006, PP-10-006, and CUP-10-O1 lto the hearing date of (insert
continued hearing date here) for the following reasons}: (You should state specific reason(s) for
continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the southeast corner of E. Overland Road and S. Locust Grove Road,
in the northwest 1/ of Section 20, Township 3 North, Range 1 East (Parcel No. Sl 120223307)
B. Applicants:
RZ & PP: Overland 16, LLC
P.O. Box 344
Meridian, ID 83680
CUP: Steve & Tracie Eddy, ST Investments
770 W. Ustick Road
Meridian, ID 83642
C. Owner:
Overland 16, LLC
P.O. Box 344
Meridian, ID 83680
D. Representative/Contact:
RZ & PP: Becky McKay, Engineering Solutions, LLP
PAGE 2
EXHIBIT A
1029 N. Rosario Street, Ste. 100
Meridian, ID 83642
CUP: Steve Eddy, Fast Eddy's
770 W. Ustick Road
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narratives for this information.
V. PROCESS FACTS
A. The subject applications are for a rezone, preliminary plat, and conditional use permit. A public hearing
~s required before the Planning & Zoning Commission and City Council on each of these matters,
consistent with Meridian Clty Code Title 11, Chapter 5.
B, The subject application is for administrative design review. This application is approved at staff level
by the Director, consistent with Meridian City Code Title 1 1, Chapter 5.
C. Newspaper notifications published on: October 18 and November 1, 2010 (Commission); November
15, and 29, 2010 (City Council)
D. Radius notices mailed to properties within 300 feet on: October 7, 2010 (Commission); November 11,
2010 (City Council)
E. Applicant posted notice on site by: October 22, 2010 (Commission); November 15, 2010 (City Council)
VI. LAND USE
A. Existing Land Use(s): This site is currently vacant.
B. Character of Surrounding Area and Adjacent Land Use and Zonin :The surroundin area consists of
g g a
mix of residential, commercial, and office uses as well as a church, as follows:
North: A Maverik c-store & fuel facility exists northwest of this site across Overland zoned C-C•
vacant property, zoned C-G exists directly across Overland to the north.
South: A church exists to the south across Puffin Street, zoned R-8
East: Offices and apartments (Sagecrest) exist to the east of this site, zoned L-0
West: Residential uses (an assisted living facility & Sportsman's Point Sub.) exist to the west of the site
across Overland, zoned L-0 and R-4.
C. History of Previous Actions:
- In 2000, this property received annexation and zoning (AZ-00-004) approval of 16.119 acres of
land with a C-N zoning district (Ordinance No. 882). A development agreement was required
as a provision of annexation (Instrument No. 10100056509).
- A modification to the development ageement (MI-06-009) was approved in 2007 (Instrument
No. 107005524).
D. Utilities:
l . Public Works:
a. Location of sewer: E Overland Road & S Locust Grove Road:
b. Location of water: E Overland Road & S Locust Grove Road.
PAGE 3
EXHIBIT A
c. Issues or concerns: A water main will need to be looped within this project from E Overland
Road & S Locust Grove Road. Also no sewer or water mains shall be located within any site
landscaping.
E. Physical Features:
1. Canals/Ditches Irrigation: The Hunter Lateral runs along the east boundary of the property and is
tiled.
2. Hazards: Staff is unaware of any hazards that may exist on this property.
3. Flood Plain: This property does not lie within the floodplain or flood way.
F. Access: Access for this site is proposed on the plat via one right-in/right-out and one full access to/from
E. Overland Road; one full access to/from S. Locust Grove Road in alignment with E. Peacock Street
on the west side of Locust Grove; and three full access points to E. Puffin Street at the south boundary
of the site. See Analysis below in Section IX for more information.
VII. COMPREHENSIVE PLAN ANALYSIS
The subject property is currently designated "Commercial" on the Comprehensive Plan Future Land Use
Map. Per the Comprehensive Plan (page 105), commercial designated areas: provide a full range of
commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and
office uses, multi-family residential, as well as appropriate public uses such as government offices. Within
this land use category, specific zones may be created to focus commercial activities unique to their
locations. These zones may include neighborhood commercial uses focusing on specialized service for
residential areas adj acent to that zone.
The uses proposed by the applicant for Fast Eddy's on the northern portion of the site are consistent with
the Commercial designation.
Although no development is proposed at this time, the applicant for Somerton Subdivision intends to
develop the remainder of the site with multi-family residential uses on the largest lot and office or
commercial uses on the two lots adjacent to Locust Grove. These types of uses are also consistent with the
Commercial designation and the C-C zoning district.
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 III, Objective A, Action 1-Require that development proj ects have planned for the
provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the subject
property. The City of Meridian plans to provide municipal services to the subject property in the
following manner:
- Sanitary sewer and water service is available to be extended to the property.
- The lands are serviced by the Meridian Fire Department (MFD).
- The lands are serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada County
Highway District (ACHD). This service will not change.
- The subject lands are currently serviced by the Meridian School District #2. This service will not
change.
- The subject lands are currently serviced by the Meridian Library District. This service will not
change.
PAGE 4
EXHIBIT A
Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian
Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the
Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company.
~ "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low
walls, berms, etc.)." (Chapter VII, Goal IV, Obj ective D, Action 4)
The applicant is required to provide landscaped street buffers along Overland Road, Locust Grove
Road, and Puffin Street as a provision of preliminary plat approval in accord with the standards listed
in UDC I1-3B-7. The applicant has submitted a landscape plan that complies with these standards.
~ "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal
1, Obj ective B)
The proposed convenience store, carwash/detail shop, quick lute, fuel facility, and future uses as
allowed in the C-C district will provide a variety of commercial and possibly multi family residential
opportunities in this area. Currently, there are no service areas of the magnitude proposed by Fast
Eddy's in this area. Staff is of the opinion that the proposed store and associated uses will provide
needed services to residents and employees in this area of the City.
• "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action 5)
In addition to the required streets buffers, the applicant is responsible for installing parking lot
landscaping and buffers to adjoining uses in accord with the standards listed in UDC 11-3B-8 and 11-
3B-9. Staff has reviewed the submitted plan for Fast Eddy's and finds it substantially complies with the
aforementioned requirements. The landscaping on the remainder of the site will be reviewed upon
future development.
• "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing
access points on to arterial streets." (Chapter VI, Goal II, Objective A, Action #12).
Staff recommends as a condition of approval that cross-access is provided to the office development to
the east for future interconnectivity and to reduce access points on arterial streets. Cross-access
easements are shown on the plat for internal interconnectivity.
"Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV,
Objective D, Action #2)
In accord with UDC I1-3A-3, which requires access to be taken from a local street when available,
staff recommends access is provided via E. Puff n Street. The proposed arterial accesses may only be
allowed by City Council action.
"Locate new community commercial areas on arterials or collectors near residential areas in such a way
as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action #5)
This site is located on the corner of two arterial streets (Overland & Locust Grove) and near several
residential subdivisions. The uses proposed and allowed in the GC zoning district will provide a
variety of uses to the nearby residential developments in this area and be easily accessible by travelers
on Locust Grove and Overland.
Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible
land use development on adjacent parcels.
There are existing residential uses (apartments) along a portion of the east boundary of the proposed
subdivision. A 25 foot wide landscape buffer is required to be installed adjacent to residential uses in
the GC zoning district upon development of the portions of the site that abut residential uses. Locust
PAGE 5
EXHIBIT A
Grove Road and the street buffers adjacent to it will provide a separation & buffer between the site and
the assisted living facility to the west.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Commercial Districts: The purpose of the commercial districts is to provide for
the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four
districts are designated which differ in the size and scale of commercial structures accommodated in the
district, the scale and mix of allowed commercial uses,. and the location of the district proximity to
streets and highways.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists allowed uses in the C-C
zoning district. The applicant for Fast Eddy's proposes to develop a portion of the site with a
convenience store (retail), fuel sales facility, vehicle washing facility, quick Tube (vehicle sales or rental
and service), and a drive through establishment. All of these uses are principally permitted in the
proposed C-C zoning district except for the drive through which requires conditional use permit
approval when proposed within 300 feet of a residential use or district.
There are specific use standards listed in UDC 11-4-3 for fuels sales facilities (11-4-3 -20), vehicle
washing facilities (11-4-3-39), vehicle sales or rental and service (11-4-3-38), and drive through
establishments (11-4-3-11).
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning
district apply to development of this site.
D. Landscaping Standards (UDC Table 11-2B-3 & 11-3B):
1. Width of street buffer(s): 25 feet along Locust Grove & Overland Roads; l0 feet along Puffin Street;
landscaping should be installed in accord with the standards listed in UDC 11-3B-7C.
2. Width of buffer(s) between land uses: 25 feet to residential uses; landscaping should be installed in
accord with the standards listed in UDC 11-3B-9C.
3. Parking lot landscaping: Landscaping should be installed in accord with the standards listed in
UDC 11-3B-8C.
4. Percentage of site as open space: NA
5. Tree Preservation: NA (there are no existing trees on the site)
E. Off Street Parking: UDC 11-3C-6B requires 1 off street vehicle parking space for every 500 square feet
of gross floor area for nonresidential uses. A total of 19,260 square foot of building area is proposed on
the portion of the site proposed to develop as Fast Eddy's. Based on this amount, 39 parking stalls
would be required; 61 are proposed (see section 9 below for further analysis).
UDC 11-3C-6G requires one bicycle parking space be provided for every 25 proposed vehicle parking
spaces or portion thereof. Based on 39 parking stalls, a minimum of 2 bicycle parking spaces are
required in accord with the standards listed in UDC 11-3C-SC.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE (RZ): The applicant proposes to rezone the site consisting of 16.12 acres of land from the C-N
(Neighborhood Commercial) to the C-C (Community Business) zoning district.
A Fast Eddy's consisting of a convenience store, fuel sales facility, vehicle washing/detail facility,
quick lube, and drive-through is proposed on the northern portion of the site. The remainder of the site
is intended to develop in the future with apartments and commercial/office uses.
PAGE 6
EXHIBIT A
The proposed RZ to C-C is consistent with the future land use designation of Commercial for this
property (see analysis above in Section VII).
The legal description submitted with the application (included in Exhibit C) shows the boundaries of
the land proposed for the rezone.
Development Agreement: A DA currently exists for this property that was approved as a provision
of annexation in 2000 and subsequently amended in 2007. When this property was annexed, a
conceptual overall site plan was approved with the conditional use permit/planned development. As
part of the planned development process at that time, a CUP application with a detailed site plan was
required to be submitted upon development. Therefore, a provision (4.1) of the DA requires all uses
and development of the property to obtain CUP approval. Fast Eddy's is proposing a CUP for
approval of adrive-through on the site concurrently with the RZ & PP in compliance with this
requirement.
Staff is of the opinion the CUP requirement should not be a provision of the current development for
the following reasons: 1) Changes have been made to the planned development section of the UDC
that no longer require this process; 2) The area of the original DA encompasses the entire Resolution
Subdivision, most of which is already developed; and the City now has design standards for all
commercial development which did not exist at the time of the previous site approvals. Because a
rezone is proposed, the City has the authority to require a property owner to enter into a new or
amended DA with the City in accord with UDC 11-SB-3D2 and Idaho Code §67-6511A.
To ensure this property develops in a fashion that is consistent with the comprehensive plan and does
not negatively impact nearby properties, staff recommends a new DA be executed between the
property owner, developer, and City that no long requires this property to comply with the current
and amended DA for Resolution Business Park. Staff has included recommended DA provisions in
Exhibit B. 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.
PRELIMINARY PLAT (PP): The proposed preliminary plat consists of 5 building lots on 13.19 acres
of land for Somerton Subdivision. The area for the PP differs from that of the RZ due to the inclusion
of right-of way to the section line of adjacent streets in the RZ area.
Dimensional Standards: Staff reviewed the proposed plat for compliance with the applicable
dimensional standards of the C-C district listed in UDC Table 11-2B-3 and determined the width of
the landscape buffer easements comply with required standards.
Access: Access .for this site is proposed via one right-in/right-out and one full access to/from E.
Overland Road; one full access to/from S. Locust Grove Road in alignment with E. Peacock Street on
the west side of Locust Grove; and three full accesses via E. Puffin Street at the south boundary of the
site. There is an existing curb cut approximately 220 feet south of the Overland/Locust Grove
intersection that is proposed to be closed.
UDC 11-3A-3 requires access to be taken from a local street where available unless otherwise waived
by City Council. Because access is available via a local street, E. Puffin Street, staff recommends sole
access to the site is provided via Puffin.
The applicant requests a waiver from Council for the access points proposed on the plat to Overland
and Locust Grove Roads.
Internal cross-access easements are proposed on the plat.
Sidewalk: Per UDC 11-3A-17, minimum 5-foot wide detached sidewalks are required along arterial
streets (Locust Grove and Overland Roads). A minimum 5-foot wide sidewalk is required along E.
PAGE 7
EXHIBIT A
Puffin Street, a local street; this sidewalk is not required to be detached. The existing and proposed
sidewalks are depicted on the landscape plan.
There is an existing attached sidewalk along Overland and the majority of the frontage along Locust
Grove that was recently installed with the widening of these streets; staff does not recommend these be
removed and reconstructed. However, the area along Locust Grove where a sidewalk does not currently
exist should be detached as shown on the landscape plan.
Where the sidewalk is located on the subject property and not within the right-of way, a public use
easement shall be dedicated on the face of the plat.
Landscaping: Landscaped street buffers are required to be provided along Locust Grove, Overland,
and Puffin in the dimensions detailed above in Section VIII.D. A buffer to residential uses is required
along the portion of the east boundary that abuts the apartments. The plat currently depicts a 20-foot
wide buffer along the entire length of the east boundary; this should be revised to only reflect the buffer
in the area that abuts residential uses.
Waterways: The Hunter Lateral exists along the east boundary of the subdivision. This waterway is
piped and lies within a 20-foot wide Nampa Meridian Irrigation District easement.
Existing Structures: There are no existing structures on this site.
CONDITIONAL USE PERMIT (CUP): A CUP is proposed for Fast Eddy's consisting of a convenience
store (5,800 square feet), fuel sales facility, vehicle washing/detail facility (10,720 square feet), quick
lube (2,740 square feet), and drive-through in a proposed C-C zoning district. Fast Eddy's is proposed
to be located on two future lots in the proposed subdivision consisting of 3.83 acres. All of the proposed
uses are principally permitted in the C-C zoning district except for the drive through which requires
CUP approval. The DA currently in effect also requires .CUP approval of all future uses and
development on the site. Therefore, the CUP is for approval of the entire Fast Eddy's site, not only the
drive-through.
Dimensional Standards: Staff has reviewed the proposed site plan for compliance with the applicable
dimensional standards of the proposed C-C zoning district listed in UDC Table 11-2B-3. Based on
this analysis, the site plan shall be revised as follows:
• Where parking stalls abut a sidewalk or required landscape area and no wheel stops are
proposed, the sidewalk or landscape buffer shall be widened two feet (2') beyond the required
amount to allow for vehicle overhang beyond the designated parking dimensions in accord
with UDC 11-3C-SB4. The parking stall dimensions may be reduced two feet (2') in length if
two feet (2') is added to the width of the sidewalk or landscaped area planted in ground
cover.
Specific Use Standards: Several of the proposed uses on the site have specific use standards for
development listed in UDC 11-4-3 as follows:
Drive-Through Establishment: The applicant has indicated that the proposed drive-through is
intended to only serve patrons of the convenience store but may possibly serve a restaurant use
in the future. Per UDC 11-4-3-1 1, the following Specific Use Standards apply to the proposed
drive-through use of the property as follows:
A. All establishments providing drive-through service shall identify the stacking lane, speaker
location, and window location on the plans submitted with the Certificate of Zoning
Compliance application. The stacking lane is shown on the site plan; however, the speaker
and window locations are not depicted on the site plan; these items should be included on a
revised site plan submitted with the Certificate of Zoning Compliance (CZC) application.
PAGE 8
EXHIBIT A
B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons. The stacking lane is located along the south east side of the proposed
convenience store. Staff believes there is sufficient stacking capacity for the proposed
drive-through use and will not obstruct the adjacent driveway.
C. The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking. The stacking lane is separate from the circulation lanes needed for access and
parking on the site thus complying with this requirement.
D. The stacking lane shall not be located within ten feet (10') of any residential district or
existing residence. The proposed stacking lane is not within 10' of a residential district or
residence; the closest residence is approximately 140 feet (140) from the stacking lane.
E. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape
lane. The proposed site plan depicts a stacking lane greater than 100 feet in length and no
escape lane is proposed; an escape lane should be included on a revised plan submitted
with the CZC application.
F. A letter from the Transportation Authority indicating the site plan is incompliance with the
authority's standards and policies shall be required. A report has not yet been received from
ACHD on this application.
- Fuel Sales Facility: Per UDC 11-4-3-20, there are Specific Use Standards that apply to the
proposed fuel sales facility use of the property as follows:
A. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy
more than twenty-five percent (25%) of the subject property. The proposed fuel sales
facility does not occupy more than 25% of the property; it occupies approximately 3.5% of
the site.
B. The total height of any overhead canopy or weather protection device shall not exceed
twenty feet (20'). The elevation for the fuel canopy shown in Exhibit A. 7 complies with the
building height requirements as determined by the Building Department.
C. Vehicle stacking lanes shall be available on the property but outside the fueling areas.
Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of
way by patrons. Such stacking lanes shall be separate from areas required for access and
parking. The stacking lanes shall not be located within ten feet (10') of any abutting
residential districts. The submitted site plan shows adequate stacking area on the site
outside of the fueling areas that do not obstruct the public right-of-way. Further, the
stacking area is not located within 10 feet of a residential district.
D. If the use is unattended, the standards in accord with Section 11-3A-16 of this Title shall
also apply. The use will be attended by employees in the convenience store during business
hours. After hours, the following standards apply:
- Self-Service Uses: Any unattended, self service uses, including, but not limited to,
Laundromats, automatic teller machines (ATMs), vehicle washing facilities, fuel sales
facilities, and storage facilities, shall comply with the following requirements. The
Meridian Police Chief or designee may approve alternative standards where it is
determined that a similar or greater level of security is provided.
A. Entrance or view of the self service facility shall be open to the public street or to
adjoining businesses and shall have low impact security lighting. The fuel islands
are visible from Overland Road. Lighting for the fueling area shall be low impact
security lighting.
PAGE 9
EXHIBIT A
B. Financial transaction areas shall be oriented to and visible from an area that
receives a high volume of traffic, such as a collector or arterial street. Fuel pumps
are visible from Overland Road.
C. Landscape shrubbery shall be limited to no more than three feet (3') in height
between entrances and financial transaction areas and the public street. The
applicant shall comply with this requirement.
- Vehicle Washing Facility: Per UDC 11-4-3-39, there are Specific Use Standards that apply to
the proposed vehicle washing facility use of the property as follows:
A. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and
circulation on the site and between adjacent properties. At a minimum, the plan shall
demonstrate compliance with the following standards:
1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right of way by patrons. Staff is of the opinion there is sufficient capacity within
the stacking lanes to prevent obstruction of the public right of way.
2. The stacking lane shall be a separate lane from the circulation lanes needed for
access and parking. The site plan depicts three stacking lanes for the car wash
which are separate from the circulation lanes needed for access and parking.
3. The stacking lane shall not be located within ten feet (10') of any residential
district or existing residence. Stacking lanes are not within 10 feet of a residential
district; the closest residence is approximately 160 feet (160) from the stacking
lane.
4. A letter from the transportation authority indicating the site plan is in compliance
with the highway district standards and policies shall be required. Comments
have not yet been received from ACHD on this application.
B. Within the industrial districts, a vehicle washing facility shall be allowed only as an
accessory use to a gasoline or diesel fuel sales facility for the use by non-passenger
vehicles. The vehicle washing facility shall be limited in capacity to a single vehicle. The
intent is to discourage facilities that cater to passenger vehicles. N/A. The site is not zoned
industrial.
C. Any use that is not fully enclosed shall be located a minimum one hundred feet (100') from
any residential district and shall be limited in operating hours from six o'clock (6:00) A.M.
to eleven o'clock (11:00) P.M. There is not a residential district within 100 feet of the
proposed use; however, there is an assisted living facility across Overland to the west of
the carwash just outside the 100'. Because the applicant states the carwash, which includes
vacuums, will not operate beyond 10 pm, staff recommends a provision be included in the
DA that restricts hours of operation to those proposed by the applicant.
D. If the use is unattended, the standards set forth in section 11-3A-16 of this title shall also
a ly. The proposed vehicle washing facility will be developed in conjunction with the fuel
pP
sales facility and convenience store. Personnel will be placed on the site to oversee the
operation of the facilities.
Hours of Operation: The hours of operation of the proposed convenience store will be seven days a
week from 5:30 am until 12:00 am. The applicant states the quick lube & full serve car wash should be
closed by 7 pm at the latest. and the express car wash should be closed by 9 pm in the winter and 10 pm
in the summer at the latest. These uses would not open before 7 am. Because there are residential uses
assisted living facility) to the west of the carwash, staff recommends the hours of operation of the
(
carwash (including vacuums) be limited to 10 pm.
PAGE 10
EXHIBIT A
' - reet vehicle arkin is ro osed on the site plan in accord with the standards listed in
Parking: Off st p g p p
- - B. UDC 11-3C-6G re wires two bicycle parking spaces to be provided based on the
UDC 11 3C 6 q
number of parking spaces provided. See Section VIII.E above.
ridian Pathwa s Master Plan: There are no pathways designated in the City's Master Pathways
Me y
Plan for this site.
in : No fencin is ro osed with this application. Any and all fencing constructed on the site
Fenc g g p p
com 1 with the standards listed in UDC 11-3A-7. Where perimeter fencing does not exist and
should p y
'not ro osed tem ora construction fencing to contain debris should be installed around the site
is p p ~ p rY
prior to issuance of building permits.
Landsca in :Parkin lot landscaping is required to be provided internally on the site in accord with
Pg g
the standards listed in UDC 11-3B-8C. A buffer to residential uses is required in accord with the
standards listed in UDC 11-3B-9C where applicable.
Staff has reviewed the landscape plan submitted with the CUP application for compliance with the
above noted standards. The revised landscape plan shall incorporate the following revisions:
• The Hunter Lateral is tiled and runs along the east boundary of the site. If Nampa Meridian
Irri ation District (NMID) will not allow trees within their easement an additional 5 feet of
g
landsca in should be provided outside of the easement per UDC 11-3B-5J.2 and landscaped
pg
in accord with the standards listed in UDC 11-3B-9C. The applicant may request approval of
alternative compliance in accord with UDC I1-SB-S.
• Planter islands are required at the end of rows of parking and are required to be landscaped
with at least one tree and shall be covered with low shrubs, lawn, or other vegetative
groundcover, in accord with UDC 11-3B-8C .
• Where parking stalls abut a required landscape area and no wheel stops are proposed, the
landscape buffer shall be widened two feet (2') beyond the required amount to allow for
vehicle overhang beyond the designated parking dimensions in accord with UDC 11-3C-SB4.
Note: The revised plan submitted by the applicant appears to be printed at the wrong scale. This
should be rectified on the revised plans submitted with the CZC application.
Buildin Elevations: The applicant has submitted building elevations for the convenience store and
g
fuel canopy which are included in Exhibits A.6 & A.7..
Buildin materials for the c-store consist of stucco (3 colors) with cultured stone veneer wainscot,
g
com osite wood lapped shingle siding accents and metal roofing on portions of the roof. Fabric
P
awnings are proposed over some of the doors and windows.
The a licant states the fuel canopy will have a beige stucco finished cornice to match the c-store and
Pp
the lower ortion will consist of the standard metal canopy for Chevron as shown in Exhibit A.7. The
P
a licant has submitted two different elevations as options for the fuel canopy; one shows a 12-inch
pp„ aff a roves of the elevation with the
(12) tall cornice and the other a three foot (3) tall cornice. St pp
12" cornice. However, we encourage the applicant to research if the taller three-foot cornice is
feasible based on the mechanics of construction and elevation based on the height and configuration of
the structure . If the taller cornice turns out to be a workable option and the better-looking option, we
will consider the revised elevation as part of the CZC. (We will not require a new design review
application) .
PAGE 11
EXHIBIT A
ash will be constructed to match the proposed architectural design and
The applicant states the carve ' h this a lication
' 'n materials as the c-store. However, elevations have not been submitted wit pp
builds g
and will re uire DES review approval in the future with the CZC.
q
• om liance CZC :Per UDC 11-5B-1B, a CZC application is required to be
Certificate of Zoning C p ( )
for the site and each of the proposed structures, prior to submittal for building permits.
submitted
DESIGN REVIEW (DES): Administrative design review is required for all new commercial development
per UDC 11-SB-8 in accord with the standards listed in UDC 11-3A-19 and the guidelines for
urban suburban developments listed in the City's Design Manual.
The applicant requests DES approval of the site and proposed convenience store and fuel canopy
structure with this application. Staff has reviewed the design standards listed in UDC 11-3A-19 and
found the site and proposed structures to be in general compliance with all standards and guidelines.
Note: The 5 foot wide pedestrian walkways from the perimeter sidewalks to the main building entrances
are required to be distinguished from the vehicular driving surfaces through the use of pavers, colored
or scored concrete, or bricks. The site plan currently shows a raised crosswalk.
The portion of the site where the carwash and quick Tube are proposed will require separate DES
approval as will all future structures on the remainder of the site upon development.
X. EXHIBIT S
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. Preliminary Plat (dated: 10/27/10) - Somerton Subdivision
3. Landscape Plan (dated: 9/1/10) - Somerton Subdivision
4. Site Plan (Revised) -Fast Eddy's
5. Landscape Plan (Revised) (dated: 10/29/10) -Fast Eddy's
6. Building Elevations & Floor Plan (dated: 9/23/10) -Fast Eddy's Convenience Store
7. Gas Canopy Elevations -Fast Eddy's
B. Agency CommentslConditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Rezone
D. Required Findings from Unified Development Code
PAGE 12
EXHIBIT A
Exhibit A.1: VicinitylZoninghap & Aerial Map
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PAGE 13
EXHIBIT A
Exhibit A.2: Preliminary Plat (dated: l0/27110) - Somerton Subdivision
~~-~ i ", °
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PROPOSED PNA9E eouNawl P(~$~
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1 I __ N ________ PROPOSED MM1ER UNE
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PAGE 14
EXHIBIT A
Exhibit A.3: Landscape Plan (dated: 911110) - Somerton Subdivision
PAGE 15
EXHIBIT A
Exhibit A.4: Site Plan (Revised) -Fast Eddy's
1si17
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SCALE 1 "= 20'
DESIGN BY: CAR-WASH-ARCHITECT.COM
PAGE 16
EXHIBIT A
Exhibit A.S: Landscape Plan (Revised) (dated:10129110) - Fast Edd 's
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PAGE 17
I . iAND~CAPE PLAN`~1NG f'~AN
~. ~aN~~a41~~ N~rtl:~
U.Igpl1 PIW. MR~'Y14 grow4tA,r MtM~YiP aM6r tit
EXHIBIT A
Exhibit A.6: Building Elevations & Floor Plan (dated: 9123/10) -Fast Eddy's Convenience Store
& Carwash
RERR EAST
i14~E -'~YP~
Jr
FRONT (WEST]
TRASH ENCLOSURE
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PAGE l8
EXHIBIT A
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PAGE 19
EXHIBIT A
Exhibit A.7 -Gas Canopy Elevations -Fast Eddy's
~~~~
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PAGE 20
~~,
EXHIBIT A
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KEYNOTES, CARWASH
t.j CO-NCR~T~ DRAINA~R APRON AT APPROACH AND DEPA,R'T~R~ ~TYPICAL~.
~.j C~3tVCRETE DRAINACiR APRON SLOPED Tt} CATCH BAStN~ AND
SAND AND C~REAS~ INTERCEPTOR TANS. AND TO SE'I~/~R SYSTEM ~TYPiCA~.~.
3,~ b ~AtE I:A"ORY 1=1N~SHEt~ ~"A~3111~~-5~" IIII~'TA~ RI~`Ii~C~ ~'~IIII
ip~1~ATE~tAyI~L~fyBC1/~~~Il~"A~. RQ-~`,~ A~I~,I~D'11~~'ALL S't.Y[y~T~Ml+fS~~ ~.~~+1RyIt; ShU~T~R~ 30~
~II,~A.1M ~~~MRIAAI.~ 4~~~~~i~.i ~•'i lF ~gllr~t ~~ .M ~ M~ 7 ~~^
~4,~ PACT~~Y`-~IN~~~ID I~"AL ~ACtA Ah~D 5~~~'. I~IATC~ G~'I!'~G C~LO~R. ~T"~"P~CAL~.
~.~ CONTINUOUS FACTt}RRY PINISHEQ METAL CUTT'ER'I~'ITH DOVG~NSPOLI'T5
TERIWIINAT1ING AT OPEN hIUB DRAINS TO UNDERGRCIl1ND S~tfE
DRAINA+~E SYSTEM. MATCH! ROOFiNC~ AND I~ASCIA COLOR. ~'~fP~ICAI,.~.
~6.~ 8° 3PLIT•FAC~E Ct?NCR,ETE ~NRY #JNIT ~CMU~ VG'ALLS.
PRIIw.E' AND PAINT. ~TYCAL~.
7.~ AUT+~~lATIC CAR~'/ASI~I ~', ~"~"~t'PIhCAL~,
~.~ Ct~NCI'~'"E I~IL~D ~~~ ~OII.~AR~-S. III~~ ANA PA~IVT. ~~"1CPlCAh.~,
~.~ ~.I. ~~~ META1 at~Ol~ AND IrRAME. I~tIME ANQ- PAINT. ~.~.
10.E 1 ~ 6 EM~~SS~'Q 1'~I"3OD GRAIN CC~MP~3SITE 11U'C?aQ TRIM. PRIIVIE AND PAINT. (TYPICA~~,
11.E Ct~IMAPOSITE 1~/~3flD LAPPED SHINGLE SIDING. PRIME AND PAINT. ~TYPICALj.
1 ~,~ '1~/t~D OLITLl~+QIICER BEADS AND ~BRACK~. SEMI-TRANSPARENT STAIN. (T1lrPhCAL~.
t 3.~ G, L OR AL~JII~iNUM METAL STEP'S AND I~/ORI~ PLATFORI4~. ~T'CAL~
14.E PAINTED TRA~I~IC STRIPPING, ~T'~PfCAL~
~~,~ C~-IrA~I~ PA~--~~~T~R~ ~ar~rR~aLS~ ~~~L~.
~.~ SIGNAGE BY SEPARATE PERMIT ~TYP~CAL).
~ ~,~ CI~aN I"'ANI~ARD IMaAAGE CANt~I'~, I:ASCIA ANA GRAl~llt~"S ~ ~TI~I~I~,
~S.j CHIN STANt~ARD iI~IAGE I~PL3,'WALE"~I" ANQ DISPPLAY CABINE"t' ~R1f ~3"I~ERS~.
~.~ CN~ON STANDARQ ~-~~ ILLLIII~IINATE~1 SAANNERS ~~' OTI~ERS~.
~~.~ RAISEC~ PUMP I~LOCI~S ~ t~IERS~.
21.E CHEVRON CLAQDING OVER STRUCTURAL TUBE S"I"EE`L COLUMN.
~~.~ STLiCCO IrINISh1Ea CORNICE TO MATCN EUIING QE'TAII AND COLOR.
~3.~ PAINTED METAL +~OPIN+G CAP` S'!~STENl.
PAGE 21
EXHIBIT A
PAGE 22
EXHIBIT A
B. Agency CommentslConditions of Approval
10 Plannin Staff held an agency comments meeting. The agencies and departments
On October 13, 20 g De artment Meridian Parks
resent include: Meridian Fire Department, Mendian Public Works p ,
p
olice De artment, and Sanitary Service Company. Staff has included all
Department, Meridian P p
comments and recommended actions below.
1. PLANNING DEPARTMENT
1.1 REZONE
1 The le al descri tion and exhibit map for the proposed rezone submitted with the application
l.l. g p
stam ed on October 1, 2010, by Michael Marks, PLS) shows the property within the existing
( p
corporate boundary of the City of Meridian (see Exhibit C).
A Develo ment A Bement (DA) will be required as part of the rezone of this property. Prior to the
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rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property
owners at the time of rezone ordinance adoption, and the developer. The Applicant shall contact
() 1 be aid b the
the Cit Attorney's Office to initiate this process. Currently, a fee of $303.00 shal p y
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a licant to the Cit Attorney's office prior to commencement of the DA. The DA shall be signed
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b the ro ert owner and returned to the city within one year of the City Council granting the
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rezone. Develo ment of this property shall only be subject to this DA and not the current and
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amended DA for Resolution Business Park. The DA shall, at minimum, incorporate the
following provisions:
a. Development of this site shall be consistent with the site plan, landscape plan, and
building elevations included in Exhibit A. The building elevations for the carwash and
uick tube planned for the Fast Eddy's site shall be consistent with the convenience store
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in design and building materials.
b ' '
.City Council
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approved a waiver to UDC 11-3A-3 to allow the access points depicted on the ulat
tolfrom Locust Grove & Overland Roads.
c. A Certificate of Zoning Compliance (CZC) application is required to be submitted for all
future structures on the site in accord with UDC 11-SB-l .
d. An Administrative Design Review application is required to be submitted concurrently
with the CZC application for all future structures on the site in accord with UDC 11-SB-
8B. As applicable, the site and structures shall comply with the standards listed in UDC
11-3A-19 and the guidelines contained in the City's Design Manual. Note: The
convenience store ~ fuel facility for Fast Eddy's was approved with CUP-10-011 & DES-
10-044.
1.2 PRELIMINARY PLAT
1.2.1 The relimina lat, dated 10/27/10 submitted with this application included in Exhibit A.2 shall
p rY p
be revised as follows:
a. An easement providing cross access to the office development to the east is required for future
interconnectivity and shall be depicted on the face of the plat.
b. '
PAGE 23
EXHIBIT A
c. The lat currentl depicts a 20-foot wide easement for a landscape buffer along the entire
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len h of the eastern boundary of the site; the buffer is only required adjacent to residential
uses, per UDC Table 11-2B-3 .
d. Where sidewalks are located on the subject property and not within the right-of way, a public
use easement shall be dedicated on the face of the plat.
1.2.2 In areas where fencing does not exist and is not proposed, temporary construction fencing to
contain debris shall be installed around the perimeter. Perimeter, common open space, and micro-
pathfencing shall be designed according to UDC 11-3A-7.
1.2.3 The existing curb cut depicted on the plat as closed shall be removed and a sidewalk and
landscaping shall be installed in the area as shown on the landscape plan.
1.2.4 The landscape plan shall be revised to reflect the same configuration of the revised plat (i.e. curb
cut locations).
1.3 CONDITIONAL USE PERMIT
1.3.1 The revised site plan submitted with this application included in Exhibit A.4 shall be revised as
follows and submitted with the Certificate of Zoning Compliance application:
a. A bicycle rack capable of holding at least two bicycles shall be installed on the site in accord
with the standards listed in UDC 11-3C-SC.
b. The menu, speaker, and window locations (if applicable) for the drive through shall be included
on the site plan as required by UDC 11-4-3-11B.
c . Because the stacking lane for the drive through exceeds one hundred feet (100') in length, an
escape lane is required per UDC 11-4-3-11.
d. Where parking stalls abut a sidewalk or required landscape area and no wheel stops are
proposed, the sidewalk or landscape buffer shall be widened two feet (2') beyond the required
amount to allow for vehicle overhang beyond the designated parking dimensions in accord
with UDC 11-3C-5B4. The parking stall dimensions may be reduced two feet (2') in length if
two feet (2') is added to the width of the sidewalk or landscaped area planted in ground
cover.
e. The 5-foot wide pedestrian walkways from the perimeter sidewalks to the main building
entrances are required to be distinguished from the vehicular driving surfaces through the use
of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-19A.4b.
1.3.2 The landscape plan included in Exhibit A.5 shall be revised as follows:
a. If Nampa Meridian Irrigation District (NMID) will not allow trees within their easement for
the Hunter Lateral, an additional 5 feet of landscaping shall be provided outside of the
easement per UDC 11-3B-SJ.2 and landscaped in accord with the standards listed in UDC 11-
3B-8C and 11-3B-9C. The applicant may request approval of alternative compliance in
accord with UDC 11-SB-5.
b. Planter islands are required at the end of rows of parking and are required to be landscaped
with at least one tree and shall be covered with low shrubs, lawn, or other vegetative
groundcover, in accord with UDC 11-3B-8C.
c. Where parking stalls abut a required landscape area and no wheel stops are proposed, the
landscape buffer shall be widened two feet (2') beyond the required amount to allow for
vehicle overhang beyond the designated parking dimensions in accord with UDC 11-3C-SB4.
PAGE 24
EXHIBIT A
1.3.3 The applicant shall comply with the specific use standards for drive through establishments listed in
UDC 11-4-3-11.
1.3.4 The applicant shall comply with the specific use standards for fuel sales facilities listed in UDC 11-
4-3 -20.
1.3.5 The applicant shall comply with the specific use standards for vehicle washing facilities listed in
UDC 11-4-3-39.
1.3.6 Where perimeter fencing does not exist and is not proposed, temporary construction fencing to
contain debris should be installed prior to issuance of building permits for this site.
1.3.7 The carwash, including the vacuums, shall not operate beyond 10 pm due to the residential use
(assisted living facility) to the west of the site across Overland Road.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in East
Overland Road. Sanitary sewer to this site is master planned to be served from S Locust Grove
Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of easements
for any mains that are required to provide service. 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. No Mains
shall be located within landscaping buffers of islands.
2.2 Water service to this site will be via extension of mains in S Locust Grove Road and E Overland
Road. The applicant shall be responsible to install two water connections from S Locust Grove
Road and E Overland Road due to fire flow requirements. The applicant shall be responsible to
install water mains to and through this development, coordinate main size and routing with Public
Works.
2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via the
plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description, which must include the
area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional
Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document.
2.4 The City of Meridian requires that pressurized irrigation systems besupplied by ayear-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by
the City Engineer.
2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adj acent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans
shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval ornon-approval submitted to the Public Works Department. If
PAGE 25
EXHIBIT A
lateral users association approval can't be obtained, alternate plans shall be reviewed and approved
by the Meridian City Engineer prior to final plat signature.
2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact
Robert B. Whitney at (208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.9 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.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing,
landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the
final plat.
2.11 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates
of occupancy.
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 the issuance of a plan
approval letter.
2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
2.14 All grading of the site shall be performed in conformance with MCC l 1-12-3H.
2.15 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.
2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD.
The design engineer shall provide certification that the facilities have been installed in accordance
with the approved design plans. This certification will be required before a certificate of occupancy
is issued for any structures within the project.
2.17 The applicants design engineer shall certify that all seepage beds out of the public right- of way are
installed in accordance with the approved design plans. This certification must be received by the
City of Meridian Public Works Department prior to the proj ect receiving final approval.
2.18 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the project.
2.19 100 Watt and 250 Watt, high-pressure sodium streetlights shall be required per the City of Meridian
Department of Public Works, Improvement Standards for Street Lighting. All streetlights shall be
installed at sub divider's expense. Final design shall be submitted to the Public Works Department
for approved. The street light contractor shall obtain the approved design on file and an electrical
permit from the Public Works Department prior to commencing installations. The contractor's
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC.
PAGE 26
EXHIBIT A
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 41/2" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10' .
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %2" outlets.
g. Fire hydrants shall be provided to meet the requirements of 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 entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4. This requirement also applies to the shared
access driveway to the east.
3.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
3.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site, as
set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.6 Commercial and office occupancies will require afire-flow consistent with International Fire Code
Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
3.7 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and
is placed in a position that is plainly legible and visible from the street or road fronting the property, as
set forth in International Fire Code Section 505.1. Note: If Council does not grant a waiver for access
to Overland Road, there may be an issue with addressing the property.
3.8 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 as set forth in International Fire Code Section 508.5.1. For
buildings equipped throughout with an approved automatic spnnkler system installed in accordance
with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).
3.9 Emergency response routes and fire lanes shall not be allowed to have speed bumps as set forth in
International Fire Code Section 503.4. & National Fire Protection Standard 1141, Section 5.2.18.
4. POLICE DEPARTMENT
4.1 The Police Department is not supportive of any access driveways to Locust Grove within 440 feet
of the Locust Grove/Overland intersection.
PAGE 27
EXHIBIT A
5. SANITARY SERVICES
5.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of Meridian
Planning Department, the applicant shall submit a scaled site plan and detail of the trash enclosure to
Doug Mason, SSC (888-3999) that demonstrates compliance with the following items:
a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle back-
up requirement)];
b. Sufficient overhead clearance height for service vehicles (a minimum 13' clearance is required,
including power and telecommunication lines; this requirement increases to 22' at container
service locations);
c. Ample number and size of waste receptacles/enclosures to meet waste generation points and
volumes;
d. Adequate waste enclosure access (the applicant shall provide drive-on capability for 6 and 8
cubic yard containers; allow a minimum of 60' frontal clearance);
e. Adequate turning radius (provide a minimum 28' inside and 48' outside for all entrances,
internal roads, drive aisles, alleys, and private streets where they intersect a public street);
f. Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around.
g. Meets design standards for waste enclosure(s):
i. Concrete pad for the waste enclosure (required for all enclosures);
ii. Concrete apron in front of waste enclosure (minimum 8' in depth)
111. Gate locks for the waste enclosure for both open and closed positions;
iv. Clearance inside waste enclosure gates (minimum 12' x 10' when in open position) Note: If
building tenant wishes to recycle, please contact Doug Mason, SSC at 888-3999 for
minimum dimensional requirements;
v. Bollards inside the enclosure to prevent the container from damaging the walls and gates;
vi. Waste enclosure user access (When possible, the enclosure should be designed with an easy
pedestrian access point other than the front gates to ensure less mess within the enclosure
as well as reduce gate damage);
6. ADA COUNTY HIGHWAY DISTRICT
6.1 Site Specific Conditions of Approval
6.1.1 Dedicate 62-feet ofright-of way from the centerline of Overland Road abutting the site. 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 ACHD 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.
OR
Provide the District with sufficient sidewalk easement so as to total 62-feet from centerline of
Overland Road when combined with the existing right-of way.
PAGE 28
EXHIBIT A
6.1.2 Construct aright-turn lane on eastbound Overland Road at the intersection of the western drivewa
as proposed. The right-turn lane shall be 220-feet in len h - y~
gt ,170 feet of which shall be tapered and
50-feet to be used for storage, as proposed.
6.1.3 Construct a 30-foot wide driveway on Overland Road, located 250-feet east of the intersection of
Overland Road and Locust Grove Road, as proposed. Pave the driveway its full-width at least 30-
feet into the site beyond the edge of pavement.
6.1.4 Close the existing 30-foot wide driveway on Overland Road located 190-feet east of the
intersection of Overland RoadlLocust Grove Road with vertical curb, gutter, and 7-foot wide
attached sidewalk, as proposed. Pave the driveway it's full width at least 30-feet into the site
beyond the edge of pavement.
6.1.5 Construct one 40-foot wide driveway located 470-feet east of the intersection of Overland Road and
Locust Grove Road, as proposed. Pave the driveway its full-width at least 30-feet into the site
beyond the edge of pavement.
6.1.6 Close the existing 40-foot wide driveway located 450-feet east of the intersection of Overland Road
and Locust Grove Road with vertical curb, gutter, and 7-foot wide attached sidewalk, as proposed.
6.1.7 Dedicate an additional 12-foot ofright-of way to total 66-feet ofright-of way for the first 200-feet
south of the Locust Grove/Overland Road intersection tapering to 50-feet ofright-of way, measured
from the centerline of Locust Grove Road abutting the site. 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 ACRD 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 theright-of way which
is in addition to existing right-of way from available Corridor Preservation Funds.
OR
Provide the District with sufficient sidewalk easement so as to total 66-feet from centerline of
Locust Grove Road for the first 200-feet south of the Overland/Locust Grove intersection tapering
to 50-feet when combined with the existing right-of way.
6.1.8 Replace the existing driveway on Locust Grove Road, located 175-feet south of the intersection of
Locust Grove Road and Overland Road, with vertical curb, gutter and 5-foot wide detached
sidewalk, as proposed.
6.1.9 Construct a 36-foot wide driveway on Locust Grove Road, located 545-feet south of the
intersection of Locust Grove Road and Overland Road, aligned centerline to centerline with
Peacock Street, as proposed. Pave the driveway its full-width at least 30-feet into the site beyond
the edge of pavement.
6.1.10 Construct a S-foot wide concrete sidewalk located a minimum of 36-feet from the centerline of
Locust Grove Road, as proposed. The sidewalk shall begin at the intersection of Locust Grove
Road and Peacock Street and run 280-feet south to the intersection of Locust Grove Road and
Puffin Street, abutting the site. Provide a sidewalk easement for any segment of the sidewalk
located outside oftheright-of way.
6.1.11 Construct a 5-foot wide concrete sidewalk located a minimum of 18-feet from the centerline of
Puffin Street abutting the site. Provide a sidewalk easement for any segment of the sidewalk
located outside of the right-of way.
6.1.12 Other than the access specifically approved with this application, direct lot access is prohibited to
Overland Road and Locust Grove Road.
6.1.13 Comply with all Standard Conditions of Approval.
PAGE 29
EXHIBIT A
6.2 Standard Conditions of Approval
b.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of way.
6.2.2 Private sewer or water systems are prohibited from being located within the ACRD right-of
way.
6.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current Americans
with Disabilities Act (ADA) requirements. The applicant's engineer should provide
documentation of ADA compliance to District Development Review staff for review.
6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280
(with file number) for details.
b.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of way or easement areas.
6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
6.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of way.
The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) 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 ACRD conduits (spare or filled) are
compromised during any phase of construction.
6.2.8 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.
6.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPVVC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
6.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
6.2.11 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 ACHD. The burden shall be upon the applicant to obtain written
confirmation of any change from ACHD.
6.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall
require the applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless awaiver/variance of the requirements or other legal relief is granted
by the ACHD Commission.
7. PARKS DEPARTMENT
7.1 The Parks Department had no comments on this application.
PAGE 30
EXHIBIT A
C. Legal Description and Exhibit Map for Proposed Rezone
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EXHIBIT A
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PAGE 32
EXHIBIT A
D. Required Findings from Unified Development Code
1. REZONE:
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 subj ect property from C-N to C-C. The City Council
finds that the proposed map amendment is consistent with the future land use map
designation of Commercial for this site. Therefore, the City Council finds the amendment
does comply with the applicable provisions of the Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the C-C zoning district and
development of a convenience store, fuel sales facility, carwash, quick Tube, and future uses
as allowed in the C-C district on this property is consistent with the purpose statement of the
commercial districts in that it provides for a wide variety of commercial and multi-family
residential opportunities consistent with the comprehensive plan.
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.
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 best of interest of the City (UDC 11-5B-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation. However, as noted previously, the City Council finds the proposed rezone is in
the best interest of the. City.
2. PRELIMINARY PLAT:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the
Staff Report for more information.
PAGE 33
EXHIBIT A
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services are currently available to the subject property.
(See Exhibit B of the Staff Report for more details from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, the City Council finds that the subdivisions will not require the expenditure of capital
improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The City Council finds there is public financial capability of supporting services for the
proposed development.
e. The development will not be detrimental to the public health, safety or general welfare;
and
The City Council is not aware of any health, safety, or environmental problems associated
with the development of this subdivision that would be detrimental to the public. ACRD
considers road safety issues in their analysis.
3. CONDITIONAL USE PERMIT:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council finds that if the site is designed according to the conditions of approval in
Exhibit B, the site will be large enough to accommodate the proposed use and meet the
dimensional and development regulations of the C-C zoning district and the Specific Use
Standards for the drive through, fuel sales facility, and vehicle washing facility.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed use is harmonious with the ob' ectives of the
J
Comprehensive Plan and the UDC.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The City Council finds that the proposed commercial development is compatible with other
uses in the general area and will not adversely change the character of the area.
EXHIBIT A
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The City Council finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The City Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The City Council finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay highway impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The City Council finds that the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
The City Council recognizes the fact that traffic and noise will increase with the approval of
this development; however, the City Council does not believe that the amount generated will
be detrimental to the general welfare of the public.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural feature(s) of major importance.