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Shops at Victory AZ 08-007-r----- ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 71 BOISE IDAHO 04/20111 10:54 AM RECORDED $ REQUEST OF II I I I II I II I II II I II I I III I I I III I II I I III Meridian Ciy 11103245 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian -Ea le & Victor ,LLC, Owner/Developer/ 2. DMG g Y REEMENT "A reement"), is made and entered into THIS DEVELOPMENT AG ( g .. 2011 b and between City of Meridian, a municipal corporation this~_ day of ~ y ~ ose address is ereafter called CITY, and DMG-Eagle & Victory, LLC, wh of the State of Idaho, h 201 Boise ID 83702, hereinafter called OWNERIDEVELOPER. 350 N. 9th, Ste, 1. RECITALS: Owner/Develo er is the sole owner, in law and/or equity, of 1.1 WHEREAS, p ' ount of Ada State of Idaho, described in Exhibit A attached that certain tract of land in the C y e inco orated herein as if set forth in full, herein after referred to as hereto and by this referenc rp the Property; and REAS I.C. 67-651 lA, Idaho Code, provides that cities may, by 1.2 WHE § rmit as a condition of re-zoning that the Owner/Developer make a ordinance, require or pe ' commitment concernin the use or development of the Property; and written g AS Cit has exercised its statutory authority by the enactment of 1.3 WHERE y ' to ment Code which authorizes development agreements upon the the Meridian Unified Deve p , annexation and/or re-zoning of land; and HEREAS Owner/Developer has submitted an application for 1.4 VV ' re-zonin of the Pro ert described in Exhibit A, and has requested a designation annexation and g p y munit Business District ,Municipal Code of the City of Meridian; and of C-C (Com y ) HEREAS Owner/Develo er made representations at the public 1.5 W ~ p . ' re the Meridian Plannin & Zoning Commission and before the Meridian City hearings both befo g w the Pro ert will be developed and what improvements will be made; and Council, as to ho p y WHEREAS record of the proceedings for the requested annexation and 1.6 ' the sub' ect Pro ert held before the Planning & Zoning Commission, and zoning designation of J p Y re the Cit Council include responses of government subdivisions providing subsequently befo y ~ . it of Meridian lannin 'urisdiction, and received further testimony and services within the C y p g J comment; and 1 OwnerlDevelo er is the successor in interest to both the former Owner, Axelrod Living Trust, and the former p Developer, LDR-IUDMG, LLC. DEVELOPMENT AGREEMENT -1 42795.0007.2251201.2 AS the Cit Council, on the 11th day of September, 2008, 1.7 WHERE y , . ' f Fact and Conclusions of Law and Decision and Order, set forth in approved certain Findings o ~ full ' ' hereto and b this reference incorporated herein as if set forth in , Exhibit B attached y hereinafter referred to as (the Findings); and WHEREAS the Findin s require Owner/Developer to enter into a 1.8 ~ g . t with relation to the C-C (Commercial Business District) before the City development agreemen Council takes final action on annexation and zoning designation; and WHEREAS Owner/Developer deems it to be in its best interest to be 1.9 'nto this A reement and acknowledges that this Agreement was entered into able to enter 1 g voluntarily and at its urging and requests; and 1.10 WHEREAS Cit re uires Owner/Developer to enter into a development y q ent for the u ose of ensurin that the Property is developed and the subsequent use of agreem p rp g the Pro ert is in accordance with the terms and conditions of this Agreement, herein being p y stablished as a result of evidence received by the City in the proceedings for zoning designation e from overnment subdivisions roviding services within the planning jurisdiction and from g p affected ro ert owners and to ensure re-zoning designation is ~n accordance with the amended P P y Com rehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, p and the Zonin and Development Ordinances codified in Meridian City Code Title 11. g 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 hrases herein contained in this section shall be defined and interpreted as herein provided p 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 A reement which is a municipal Corporation and government subdivision of the State of Idaho, g or anized and existin by virtue of law of the State of Idaho, whose address is 33 East Broadway g g Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to DMG-Eagle & Victory, LLC whose address is 350 N. 9th, Ste. 201, Boise, Idaho 83702, the party developing the Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the Count of Ada, Cit of Meridian as described in Exhibit A describing the parcels Y Y to be re-zoned C-C (Commercial Business District) attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT - 2 42795.0007.2251201.2 4, USES PERMITTED BY THIS AGREEMENT: s allowed ursuant to this Agreement are only those uses allowed 4.1 The use p ' ~ nce codified at Meridian City Code Section 11-2-B which are herein under Clty s Zoning Ordina specified as follows: Construction o 3 commercial building lots in the proposed f C-C zoning district on 3.68 acres, and the pertinent rovisions of the City of Meridian Comprehensive Plan are P , applicable to this AZ 08-0007 application. 4.2 No Chan e in the uses specified in this Agreement shall be allowed g without modification of this Agreement. 5, CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: S.l Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The applicant shall be responsible for all costs associated with the sewer and water service extension as set forth in Exhibit C attached hereto and by this reference inco orated herein as if set forth in full. Said costs shall be paid prior to commencement of any building construction. 2. An and all existing domestic wells and/or septic systems within y this ro'ect will have to be removed from their domestic service, per City Ordinance Section 5-7- pJ 517 when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3 . No signs are approved with the subject annexation approval. All business signs will require a separate sign permit incompliance with UDC 11-3D. 4. The request for Alternative Compliance for a reduced buffer width in certain areas ad' acent to the residential property to the south, is approved per the landscape lan attached in Exhibit A of the staff report and in accordance with the DA provisions and p conditions of approval noted in the Shops at Victory staff report. 5. Construct a minimum 6-foot tall verb-crete wall adjacent to the residential ro erty to the south in the areas where the buffer width is below the required 25-feet, pp as shown on the fencing plan in Exhibit A. S, as approved through Alternative Compliance with this a lication. Construct a minimum 6-foot tall solid vinyl fencing in all other areas along the Pp erimeter boundary adjacent to residential uses. All fencing shall be constructed in accordance p with the standards listed in UDC 1 1-3A-7C. DEVELOPMENT AGREEMENT - 3 42795.0007.2251201.2 vide a minimum 5-foot wide detached sidewalk along both 6. Pro d Road be and the ultimate right-of way of the reconstructed an Eagle Road and Victory Y le Road tion. Said sidewalk shall extend across the Aldridge property along Eag widened intersec to Falcon Drive and be located within a public pedestrian easement. Access to this site shall only be provided from one full-access and 7. - t access to/from Ea le Road and one full-access and one right-in/right-out one right-in/right ou g Road as ro osed b the applicant, as shown on the City approved site access to/from Victory p p Y s Exhibit D and b this reference incorporated herein as if set forth in full. plan attached hereto a y An other vehicular access points to/from the site are prohibited. y 8. Across-access/ingress-egress easement shall be recorded to/from Ea le Road and Victory Road benefitting all lots within the subdivision. g 9. Provide a edestrian connection (pathway and break in the fence) p from this site to the future pathway in Harcourt Subdivision. 10. A minimum of 2 buildings shall be constructed on the site and the maximum buildin footprint of any one building shall not exceed 20,000 square feet. g 11. Hours of o eration for the businesses within this development shall p be restricted to the hours between 6 am and 10 pm. 12. The Applicant shall comply with the tree preservation standards listed in UDC 1 1-3B-10 for rotection of existing trees that are proposed to be retained and p existin trees 4-inch caliper and greater that are proposed to be removed. The applicant s g . ro osal to /ant trees along the southern and eastern property boundaries as mitigation for trees pp p removed from the site is a proved per the landscape plan included in Exhibit A of the staff P report. 13. The detailed site plan and building elevations submitted with any future CUP and/or CZC a placation for this site shall substantially comply with the conceptual . P, site lan and building elevations submitted to the City as shown in Exhibit A of the staff report. p 14. The Applicant shall submit a letter of final approval from Ada Count Develo ment Services for the Boundary Line Adjustment and a recorded copy of the y p Record of Surve , prior to approval of the annexation ordinance by City Council and publication y of the ordinance in the newspaper. 15. Intentionally omitted.2 2 Intersection improvements previously set forth as a condition have been completed, DEVELOPMENT AGREEMENT - 4 42795.0007.2251201.2 RIODICONSENT TO REZONE: This Agreement and the 6. COMPLIANCE PE ' ein shall be terminated, and the zoning designation reversed, upon a commitments contained her ~ coon 5 velo er or its heirs, successors, assigns, to comply with Se default of the Owner/De p ~~ within ' 'ions Governin Development of Subs ect Property of this Agreement entitled Condit g lied with the ars of the date this A eement is effective, and after the City has comp seven (7) ye ~' ocedures as outlined in Idaho Code § 67-6509, or any subsequent notice and heanng pr amendments or recodifications thereof. T TO DE-ANNEXATION AND REVERSAL OF ZONING 7. CONSEN • Owner/Develo er consents upon default to the reversal of the zoning DESIGNATION. p ' ert sub' ect to and conditioned upon the following conditions precedent designation of the Prop y ~ to-wit: hat the Cit rovide written notice of any failure to comply with this 7.1 T y p . Develo er and if Owner/Developer fails to cure such failure within six (6) Agreement to Owner/ p months of such notice. NSPECTION: Owner/Developer shall, immediately upon completion of any 8. I ntiret of said develo ment of the Property as required by this Agreement or by portion or the e y p ' r finance or olic notif the City Engineer and request the City Engineer's inspections City o d p Y~ y ' h the written a royal of such completed improvements or portion thereof in accordance wit and pp itions of this A eement and all other ordinances of the City that apply to said terms and cond gr development. 9. DEFAULT: 9.1 In the event Owner/Developer or its heirs, successors, assigns, or ners of the Pro ert or an other person acquiring an interest in the Property, fail subsequent ow p y Y ' com 1 with all of the terms and conditions included in this Agreement in to faithfully p y ection with the Pro ert ,this Agreement may be modified or terminated by the City upon Conn p y compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more nants or conditions hereof shall a ply solely to the breach and breaches waived and of the cove p r an other ri hts or remedies of City or apply to any subsequent breach of any such shall not ba y g or other covenants and conditions. 10. RE UIREMENT FOR RECORDATION: City shall record .either a Q . memorandum of this A reement or this Agreement, including all of the Exhibits, at g ~ r rior to the Owner/Develo er s cost, and submit proof of such recording to Owner/Develope , p p third readin of the Meridian Zoning Ordinance in connection with the re-zoning of the Property g he Cit Council. If for an reason after such recordation, the City Council fails to adopt the by t y y he ordinance in connection with the annexation and zoning of the Property contemplated hereby, t Cit shall execute and record an appropriate instrument of release of this Agreement. y DEVELOPMENT AGREEMENT - 5 42795.0007.2251201.2 NG: Cit shall following recordation of the duly approved Agreement, 11. ZONI y ct a valid and bindin ordinance zoning the Property as specified herein. ena g MEDIES: This A Bement shall be enforceable in any court of competent 12. RE ~' ' wner/Develo er orb any successor or successors in title or by the ~unsdiction by the City or 0 p ~ Y ' ies hereto. Enforcement maybe sought by an appropriate action at law or in assigns of the part if1C erformance of the covenants, agreements, conditions, and equity to secure the spec p obligations contained herein. the event of a material breach of this Agreement, the parties agree that 12.1 In ' to er shall have thirt 30 days after delivery of notice of said breach to Cit and Owner/Deve p Y ( ) Y rior to the non-breachin arty's seeking of any remedy provided for herein; correct the same p g p tin the case of an such default which cannot with diligence be cured provided, however, tha Y . ' da eriod if the defaulting party shall commence to cure the same within within such thirty (30) y p . . ' iod and thereafter shall rosecute the curing of same with diligence and such thirty (30) day per p ' e allowed to cure such failure maybe extended for such penod as maybe continuity, then the tim , necessar to complete the curing of the same with diligence and continuity. Y In the event the erformance of any covenant to be performed hereunder 12.2 p 1 ' wner/Develo er or Cit is delayed for causes which are beyond the reasonable contro by either 0 p y cts of f the art res onsible for such performance, which shall include, without limitation, a o p y p ' nce strikes or similar causes, the time for such performance shall be extended by civil disobedie , the amount of time of such delay. RETY OF PERFORMANCE: The City may also require, at .the time of 13. SU ment of installation of im rovements to the Property, surety bonds, irrevocable letters commence p . sh de osits certified check or negotiable bonds, as allowed under Meridian City of credit, ca p , ' ure that installation of the im rovements, which OwnerlDeveloper agrees to provide, Code, to ins p if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no s of Occu anc will be issued until all improvements are completed, unless the City Certificate p y and Owner/Develo er have entered into an addendum agreement stating when the improvements p om leted in a based develo ed; and in any event, no Certificates of Occupancy shall be will be c p p p ' in an base in which the im rovements have not been installed, completed, and accepted issued y p p by the City. 15. ABIDE BY ALL CITY ORDINANCES: OwnerlDeveloper agrees to abide by ' nces of the Cit of Meridian and the Property shall be subject to de-annexation if all ordina y . , ner/Develo er or its assi s, heirs, or successors shall not meet the conditions contained in Ow p ~ ~ of the Findin s of Fact and Conclusions of Law, this Agreement, and the Ordinances of the City g Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement hall be deemed delivered if and when personally delivered or three (3) days after deposit in the s DEVELOPMENT AGREEMENT - 6 42795.0007.2251201.2 United States Mail, registered or certified mail, postage prepaid, return receipt re uested, q addressed as follows: CITY: c/o City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: OWNER/DEVELOPER: DMG-Eagle & Victory, LLC 350 N. 9TH, Ste. 201 Boise, ID 83702 with copy to: City Attorney's Office HAWLEY TROXELL ENNIS &HAWLEY LLP City of Meridian 877 W. Main Street, Ste. 1000 33 E. Broadway Avenue P.0. Box 1617 Meridian, ID 83642 Boise, ID 83701-1617 Attn: Brian L. Ballard 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 an other Y relief as maybe granted, to court costs and reasonable attorney's fees as determined b a Court Y 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 rovision p hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to erform. p 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assi sand ersonal . ~ p representatives, including City s corporate authorities and their successors in office. This Agreement shall be binding on Owner/Developer, each subsequent owner and/or develo er and oth P any er 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 developer shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written re nest q of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Develo er p has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid b y a court of competent jurisdiction, such provision shall be deemed to be excised from this DEVELOPMENT AGREEMENT - 7 42795.0007,2251201.2 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 subj ect 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 res ect to Cit p Y~ to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in 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. OWNER/DEVELOPER DMG-EAGLE & VICTORY, LLC, an Idaho limited liability company By: LDM Real Estate Services, LLC, an Idaho limited liabilit com an ~ Y p Y Manager and Member B : ~. Y L. David McKinney, Memb DEVELOPMENT AGREEMENT - 8 42795.0007.2251201.2 By: Coins Development Co., LLC, an Idaho limited liability company Member By: ~~``' R. Greg Goin , ember CITY OF MERIDIAN By: Tammy de Weerd, Mayor Attest: Jaycee L. Holman, City Clerk EXHIBIT LIST Exhibit A -- Legal Description Exhibit B -- Findings of Fact and Conclusions of Law and Decision and Order Exhibit C -- Sewer and Water Costs Exhibit D -- Site Plan DEVELOPMENT AGREEMENT - 9 42795.0007.2251201.2 STATE OF IDAHO ) ss. County of Ada ) On this day of 2011, before me, a Notary Public in and for said State, personally a eared L. David McKinney, known or identified to me to be a member of LDM Real Estate pP Services, LLC, and R. Greg Goins, known or identified to me to be a member of Golns Development Co., LLC, the companies that executed the within instrument or the person who executed the instrument on behalf of DMG-EAGLE & VICTORY, LLC, and acknowledged to me that DMG-Eagle & Victory, LLC executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate st above written. ~f ~i//~ • • a ••<= z ~` ~` ~ ~ ~~'" ~ otar Public for Idaho :~ ~ y ~, ~~ g ~' ~ ~~'~ ~~''•••••,.•~••~••' •d ~ M commission ex Tres ~ '~i ~F OF 10~~ 1~~ y p ~~~~//i II~~~~~ ll STATE OF IDAHO } ss. County of Ada ) On this day of 2011, before me, a Notary Public in and for said state, personally a eared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor pp and City Clerk, respectively, of the CITY OF MERIDIAN, who executed the instrument or the person that executed the instrument on 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. Notary Public for Idaho Residing at My commission expires DEVELOPMENT AGREEMENT -10 42795.0007.2251201.2 ~Z /~••: ~,- ,~• ,~,J rHe c~~D cxour, Ytvc. January 3, 2011 Project No. 07167 legal Description lot line Adjustment Parcel "A" 3.68 Acres Exhibit "A" A tract of Land situated in the Northwest One Quarter of the Northwest One Quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northwest Corner of said Section 18, thence following the northerly line ofthe Northwest One Quarter of said Section 18, South 89°35'51" East a distance of 530.00 feet to a point, which bears North 89°35'51" West a distance of 2,117.27 feet from a found brass cap monumenting the North One Quarter Corner of said Section 28; Thence leaving said northerly line, South QO°31'02" West a distance of 48.00 feet to a set 5/8- inchsteel pin on the southerly right•of-way tine of East Victory Road and the POJNT OE BEGINNING. Thence leaving said southerly right-of-way line, South o0°31'07" West a distance of i5Z.00 feet to a found 5/8-inch steel pin; Thence South 18°19'52" West a distance of 138.72 feet to a set 5/8-inch steel in; p Thence North 89'35'51" West a distance of 245.57 feet to a set 5/8-Inch steel pin; Thence South 06°26'06u West a distance of 103.83 feet to a set 5/8-inch steel pin; Thence North 89°31'13' West a distance of 90.01 feet to a set 5/8-inch steel pin; Thence South 00°31'02" West a distance of 73.75 feet to a set 5/8-inch steel pin; Thence North 89°31'13" West a distance of 91.85 feet to a set 5/8-inch steel pin on the easterly right-of-way line of South Eagle Road; Thence following said easterly right-of•way line, North 00°28'11" East a distance of 443.45 feet to a set 5/8-inch steel pin; Thence leaving said easterly right-of-way line, North 45°31'41" East a distance of 14.53 feet to a set 5/8-inch steel pin on the southerly right-of way line of Fast Victory Road; Thence following said southerly right-of-way line, South 89°35'51" East a distance of 464.60 feet to the POJNT OF BEGINNING. ~nr~rci~he .-Inhilertun + Srte 1~l~rr,~~fi~ • Clvi! ~n~~ntmng • Gol~Corfl'1r I r17~1~ioA ~r ~d~t~rlM-r~ + Graphir Commr~~rcu~raa fib? F;, tihcsre• ()rive, tire, { (}t), r~n~;le, ~ciah~~ $3G1 G + 1~ ?08.939 ~lfl~l 1~ ?~8.939.~5 + ~~ rr,,,n~ , r, Ci;~2U07~07j{,7~,~eimin\i,ekai:~~l,_U71fi7_11g1U3~1'arce~:t_(.1.,1,~icx. *~ /x.~ ri ~~'~•~ ~~ THE LAND GROUP, INC. The above-described tract of land contains 3.68 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAG lE, ! DAHO 83616 208-939-4041 208-939-4445 (FAX} 1 L.rndra~pe . finhilrrtkn • S1te Pl~rnnirr~ • Ci~7! Er,,gi~rerrr,r$ • Golf COa17l l mgn~toa ~~ Cn~inrtRn~ I Grrrphi~ Conrml/n![o11on !G? I :. tihc~r~~ I)nvc. ticc. 11X}, I :~Ic, idahn 83G1G • I' ?(}8.93.-i0~ 1 I' ?08.939.-4.~y • ~nv.ch~~lan~l~c.~~,~nc c~~m ~ ~~1?IN}'\0't G?1.1~min11.~~~al.~1l _0'1b7_1 l~i~l3_I~arcrl.l_1.I..1.clcx /. 3.sol 1 l (~ EXHIBIT "B''' ~~~ ~~ CITY OF MERIDIAN ~~E IDIAN~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND • c, ;, ~.s n DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 4,79 Acres from RUT ~A,da County) to C-C (Community Business District); Preliminary Plat for 3 Canunercial Building Lots on 3.68 Acres; Conditional Use Permit for aDrive-Through Pharmacy in a proposed C-C Zoning District within 340 Feet of an ExisBng Residence; and Alternative Compliance is Requested far a Reduced Buffer Width i~ Certain Areas Adjacent to the Existing Residential Use along the Southern Property Boundary, by LDR-IUDMG, LLC. Case No(s}. AZ-48-007; PP-0$-OOb; CUP-Q8-411; ALT-08-012 For the City Council Bearing Date of August 26, 2008 (Findings on the September 9, 2008 City Council agendA) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Au st 2b, 2008 8~ Y `~ incorporated by reference} 2. Process Facts (see attached Staff Report for the hearing date of August 2b, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 2b, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached S#aff Report for the hearing date of August 26, 2408, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title b7, Idaho Code {I.C. §~7-X503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August ~, 2002, Resolution No. 02-3 82 and Maps. .. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S}. AZ-08.047; PP-48-006; CC]P-08-011; ALT-08-012 .1. ~~-0. 3. The conditions shall be reviewable by the City Council ursuant to Meridian Ci Code ~.~ ~~ ~ p tY § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. S. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. b. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public 'Forks Department and any affected party requesting notice, ?. That this approval is subject to the i,egal Description, Preliminary Plat, Site Plan, and Conditions of Approval in the attached Staff Report for the hearing date of August 26, 2008,incorporated byreference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Drder ' Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that; ~<< 1, The applicant's Annexation and Zoning request as evidenced by having submitted the legal description and exhibit map, stamped and dated March 1?, 2008 by Aaron Ballard, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of August 26, Za08, incorporated by reference. 3 . The applicant's Preliminary Plat as evidenced by having submitted the ~ Preliminary Plat, dated 4124108, is hereby conditionally approved; 4, The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan, dated 4124/08, is hereby conditionally approved; S. The applicant's request for Alternative Compliance is hereb oved~ and Y ~1~ 6. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of August 26, 2008, incorporated by reference, CITY CF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ-08007; PP-08.046; CUP-08-0 ~ 1; ALT-48-012 -2- <:~ ~ C. fi~A x`;. D. Notice of Applicable Time Limits ~. ,~;~ Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-bB-7.A, the Director may authorize a single extension of tithe to record the final plat not to exceed eighteen {18}months, Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and. the applicant does not receive a time ex#ension, the property shall be required to go through the platting procedure again. Notice of Eighteen (1$) Month Conditional Use Permit Duration ~, ~k, Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, sal7isfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on ar in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen X18}month period. For projects with multiple phases, the eighteen (1$) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1}year from the original date of approval. If the successive phases are not submitted within the one ~ 1) year interval, the conditional approval of the future phases shall be null and void: Upon written request and filed by the applicant prior to the ternnination of the period in accord with 11-SB-b.G.1, the Director may authorize a single extension of the time to commence the us a not to exceed one { 1 } eighteen t 18}month period. Additional time extensions up to eighteen ~l8) months as determined and approved by the Commission may be granted. With all extensions, the Director or Conunission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and.Right to Regulatory 'Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 61-8003, a denial of a plat l ~ or conditional use permit entitles the Owner to re uest a re ato talon anal sis, q S~ rY g Y CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE Na(S), AZ-48-007; PP-08-006; CUP-08-O1 l;ALT-08-012 .3. r Such request must be in writing, and must be filed with the City Clerk not more than ;~ ~ t ~~~, twenty-eight X28}days after the final decision concerning the matter at issue. A request ~~, for a regulatory takings analysis will toll the time period within which a Petition for ]udicial Review may be Bled. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may withintwenty-eigh# (2$}days after the date of this decision and order seek a judicial review as provided by Chapter S2, Title b7, Idaho Code. F. Attached; Staff Report for the hearing date of August 2~, 200$. ~~~ ~t ~`~"~ CITY OF MERIDIAN FINDINGS OF FACT, CC}NCLUSIONS OF I.AW AND DECISION & QRDER CASE NO(S}. AZ-08-007; PP-08-006; CUP-08-01 l; ALT•08-012 -4- ~ :, ~, ~: ~~~ I _- ~`~ B , ction of the City Council at its regular meeting held on the day of ;. 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED o~-.- COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED .~.-- MAYORTAMMY de WEERD VOTED (TIE BREAKER} Mayor Tammy ~ Weerd ~,,, Attest: ;,~``~1 O~ ~~~0 ~.; C~ ~' ~ ti -: ., a -~:- ; ~ ~:, r. M M • ~ ~~~~ Y. Jaycee loran, City Clerk r 7 '. %d P, Co served u on A licant The F~ ~~ `~~'ublic'V~orks D artmnent and Cit pY ~ Pp ~ ~, ~ ,~ ~ Y ~f ~~~rrr~tit ~~t~~~~~~ Attorney. ~ ~ r' By' Dated; ' City Clerk Office ,- I~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAVV AND DECISION & ORDER CASE NOBS}. AZ-08-007; PP-0$-006; CUP-0$-O1 l; ALT-0$-012 -5- i~~.. CITY OF MERIDIAN PLANNING DEPARTMENT' STAFF REPORT FOR THE HEARING DA T`E OF AUGUST 26, 2008 ^tl. STAFF REPQRT Hearing Date: Au st 2d 200 ~ ~ 8 TO: Mayor & City Council '~.,. FROM: Sonya Natters, Associate City Planner` '~j 3' `~~` ~~+' 208-884-SS33 SCJBJECT; Shops at Victory ~ AZ-D8-007 Annexation and Zoning of 4.79 acres from RUT (Ada County) to C-C (Con~tunity Business District) • PP-0$-o06 Preliminary Plat for 3 commercial building lots on 3.68 acres ~ CUP~08-011 Conditional Use Permit for adrive-through pharmacy in a proposed C-C zoning district within 344 feet of an existing residence • ALT-08-412 Alternative Compliance is requested for a reduced buffer width in certain areas adjacent to the existing residential use along the southern property boundary 1. 5 Y DESCRIPTION OF APPLICANT'S REQYJEST The applicant, LDR-~UDMG, LLC, has applied for Annexation and Zonin AZ a royal of g ( ) pP 4.79 acres of land from. the RUT zoning district in Ada Count to the C-C Commu ' ' Y ~ mty Busuicss District) ``' zonin district. Preli ' F~' g manary Plat (PP) approval is also requested for 3 commercial building lots on 3.68 acres of land. Alternative Compliance (ALT} is requested for a reduced buffer width in certain areas adjacent to the residential use along the southern property boundary. Lastly, a Conditional Use Permit (CUP) is requested far approval of adrive-throw pharmacy in a pro osed C-C zonin district within 300 feet of an existin residence. P g g See Sectron 1 p of the staff report for more informan'on. The proposed development is planned to include neighborhood conunercial retail .uses such as a drug store, complimentary retail shops, services, office, and restaurant com onents. The final mix of these uses will be de ndant o P pe n market conditions at the time of development. The site is located at 32IO S, Eagle Road on the southeast corner of E. Victo Road and S. Ea le Road, Currend there is a sin le-f ~ g Y~ g amily borne with a pasture on this site. This property is within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current Cit limits. Y 2. SUIV.C~dARY ItECONJ1r~NDATION The subject applications (AZ, PP, ALT, and CUP) were submitted to the Plann' De artrr~ent for concurrent review. Below staff has ~ P provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, Conditional Use Permit and Alternative Compliance applications. Staff is recommending approval of the ro posed development (AZ-OS-Q07, pp-08.OOb and C p p UP-U&01I) with the Developmen# Agreement provisions listed in Section lo, and the conditions listed in Exhibit B of the Staff Re rt. Note: Per UDC I1-SA-2, Alternative Com Hance a lic ~ °` p pp atrons are approved at administrative level by the Planning Director, I~owever, because ALT is re nested concurre ' q ntly with the AZ, PP, and CUP, Staff' Shops ar Victory AZ PP CUP PAGE 1 /~ .< t •.. ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2b, 2008 ~~~ has included anarysis on the ALT request in this staf~'report; the ALT applicatr'on does not require s~ ~`'~`~~~ Commission/Counciiiction, The Meridian Planning & Zoning Commission beard these heats ort June 19 and July 17, 2008. At the public hearing on July 17, 2008 then moved to recommend approval of the sub' ect AZ, PP, and CUP request. a. Summary of Commission Public Hearing: i. In favor: Tamara Thompson; Bob Aldridge; Bob Carpenter; Greg Owens ii. In opposition: Nine ~w~~w~ iii. Commenting: None iv. Written tesitmony: Charles Axelrod v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Scott Steckline; Caleb Hood b. Kev ~ssueis) of Discussioa by Commission: i. Eligibility of this site for a reimbursement agreement with the City for a mainline extension to the site; ii. 'The extent of the verti-crate wall fencing aiong the south uroaerty boundary; iii. The number, type (right-in/right-out, full access), and location of access paints fa the site from Eagle & Victory Roads; and iv. The proxinuty of the southera access point far the site to/from Eagle Road ~n relation to E. Falcon Drive. c. Kev Commission Change(s) to Staff Recaa~teadation: i, Modify DA provision #g, page 10, to restrict access tolfrom the site to one full-access point to Eagle Road, located as far north as possible in compliance with ACHD distance re uirements for intersections. Allow both access ints tolfrom Victo Rog as ~~- ~~~ proposed by the applicant. ~, ~f d. Outstanding issue(s) for City Council: i. Access points tolfrom the site Shops at Victory AZ PP CUP PAGE 2 f ~ls~. • ~> ','. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2b, 2008 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-08- 007, PP-08-00b, and CUP-OS-011, as presented in the staffreport for the hearing date of August 26, 2008 with the following modif cations: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-08- 007, PP-08-OU6, and CUP-0$-411, as presented during the hearing an August 2b, 2008, for the following reasons: (You should state specific reasons fox denial of the annexation and you must state specific reason(s) for the denial of the plat,) Contwuance I move to continue File Numbers AZ-08-407, PP-08-0~, and CUP-08-011 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reasons} ~sL, for continuance.} x, ,, ,_. ~,;, ''.> ,,.. 4. APPLICATION AND PROPERTY FACTS a. Site AddresslLocation~: ,The site is located on the southeast corner of S, Eagle Road and E. ~ictony Road, in Section 32, Township 3 North, Range l East. b. Owner(s): Axelrod Living Trust, Charles Axelrod 211 S. Spalding Drive Beverly Hills, CA 90212 c. Applicant: LDR-IUDMG, LLC 3S0 N. 9~, Ste. 2Q1 Boise, D~ 83102 d. Representative: Tamara Thompson, Landmark Development Group 2462 Sunshine Drive Boise, ID 83112 '~ e. Present Zoning: RUT (Ada County) Shops at Victory AZ PP CUP PAGE 3 ~. CITY OF MERIDIAN PLANNING DEPARTMENT STAFp ttEPORT F4R THE HEARING DATE OF AUGUST Zb, Z008 f. Present Comprehensive Plan Designation; Mixed Use - Communi .:~ a tY p g. Description of Applicant's Request: The a licant is r uestin concurrent pP eq g approval for. Annexation and Zoning of 4.79 acres from RUT (Ada County} to C-C (Community Business District}; Pre ' 'nary Plat approval of 3 commercial building lots on 3.b8 acres; Alternative Compliance of a reduced buffer width in certain areas adjacent to an existing residence; and a Conditional Use Permit far adrive-through pharmacy within 300 feet of an existing residence. The proposed development is planned and designed to include neighborhood commercial retail uses. 1. Date of Preliminary Plat (attached in Exhibit A}; 4118/08 2. Date of Landscape Plan (attached in Exhibit A}: 4/18/08 3. Date of Conceptual Plan (attached in Exhibit A}; 4118/08 h. Applicant's Staternent/Justit"ication: "The site is in the City ofMeridian's impact area and its Comprehensive plan designation is Mixed Use -Community. Our proposed zoning and development comply with the Comprehensive Plan. The proposed project is intended to ~fi11 a need for neighborhood services on the southern boundary of the City. Due to its proximity in the surrounding trade area, the proposed project will reduce trips out of the area for daily consumer needs and services." See applicant's narrative submitted with application far more Information. S. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Qrdinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is -~. required before the Planning ~ Zoning Commission and City Council on this matter. ~,~ b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. ~~~ By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter, c. The subject application will in fact constitute a conditional use permit as de#ermined by City Ordinance. $y reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. d. Newspaper notifications published on: June 2, and 1 b, 2008 (Commission}; August 4, and 18, 2008 (City Council) e. Radius notices mailed to properties within 300 feet on: May 23, 2008 (Commission); A, u~t 1 2008 ~CitY Councill f, Applicant posted notice an site by; June 4, 2008 (Commission); August 12, 20Q8 (Gifu Council) 6. LAND USE a. Existing Land Uses}: There is currently a single-family residence, associated outbuildings and a , pasture on this property. b. Description of Character of Surrounding Area: This property is currently surrounded by rural residential properties, c. Adjacent Land Use and Zoning; 1. North; Single-family home on a large rural parcel, zoned RUT {Ada County) 2. East: Single-family homes on large rural parcels, zoned RUT (Ada County) and R-4 ~~'he R-4 r'J = (. -~r zoned property has received preliminary plat Harcourt Subdivision) approval for 60 single- Shops at Victory AZ PP CUP PAGE 4 J ' r t Cl'T'Y pF MERaD1AN PLAINNING DEPARTMENT STAPF REPORT FOR THE HEARING DATE OF AUGUST 2b, 2008 family residential building lots on Z2 acres.J. 3. South: Single-family homes on large rural parcels, zoned RtJT (Ada County} and R-8 4. West: Single-family homes, zoned R-8 d. History of Previous Actions: • ~ 2005, the South Eagle Comprehensive Plan Amendment (CPA-oS-OOl) application approved a change to the future land use map for this property from "Low Density Residential" to "Mixed Use -Community." e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property wilt sewer to an existing manhole located approximately 7b0 feet east of the intersection of S Eagle Road and E Victory Road. The manhole is located in E Victory Road. Location of water: E Victory Road and S Eagle Road. Issues or concerns: a.}Providing services to 3250 E Victory Road, 2. Canals/Ditches Irrigation: NA 3. Hazards: Staff is not aware of any hazards that exist on this property. 4. Proposed Zoning: C-C {Community Business District) S. Size of Property: 4.79 acres (3.68 acres included in the preliminary plat) f. Subdivision plat Information: 1. Residential Lots: o 2. Non-residential Lots: 3 3. Total Building Lots; 3 4. Common Lots: ~ 5. Other Lots: 0 6. Total Lots; 3 7. Gross Density: NA 8. Minimum House Size: NA g. Landscaping 1. Width of street buffer(s): 25 feet adjacent to S. Eagle Road, a principal arterial street; and 25 feet adj scent to E. Victory Road, a minor arterial street 2, Width of buffers}between land uses: 25 feet (Applicant is requesting approval of Alternative Compliance for a reduced buffer width in certain areas.) 3. Percentage of site as open space: NA 4. Tree Preservation: Mitigation is required far alt existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 104% replacement. The application states that there are S existing trees of value Shops at Victory AZ PP CUP PAGE 5 -- CITY OF MERIDIAN PLANNYNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 totaling S4 caliper inches on the site. Fifty-four caliper inches are planned for mitigation onsite along the eastern and southern boundaries in addit~'on to the 1 tree per 3S' required by the UDC. Tie result is Z7 mitigated trees at 2" caliper ~ S4 caliper inches. h. Off-Street Parking: tJDC 11-3C-~ requires one off-street vehicle parking space for every 500 square feet of gross floor area in commercial districts. The total building square footage depicted on the site plan is 29,910. Based on this amount, 60 parking stalls would be required;133 are proposed, which complies with this requirement. i. Summary of Proposed Streets and/or Access: Two access points to the site are proposed from S. Eagle Road (the first, aright-inlrigbt-out only access, 250+1- feet south of the intersection; and the second, a full access, 460+1-feet south of the intersection). Two access points are proposed from E. Victory Road (the first, aright-in/right-out only access, 250+1- feet east of the intersection; and the second, a full access, 470+1- feet east of the intersection). Drive aisles are proposed internally for access within the site. Cross-access easements are proposed to be granted between all three parcels. No stub streets are proposed to adjacent residential properties. See Analysis, Section 10, below for Staff s analysis of the proposed access to the site. ~. coMMENTs MEE~IN~ On May 30, 200$ a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies submitted comments on this application, which are included in Exhibit B of this report. 8. COMPREHENSIVE PLAN POLICIES AND GQALS ~: This site is designated as "Mixed Use -Community" on the Comprehensive Plan Future Land Use Y~ Map. Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub- categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master ar conceptual site plan, The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The following standards apply to the MU-C category; 1 } Up to 25 acres may be nonwresidential uses; 2~ Up to 200,000 square feet ofnon-residential building area is allowed; and 3}Residential densities of 3 to $ units/acre. Staff finds that the development request generally conforms to the stated purpose, intent, and standards of the MU-C land use category within the Comprehensive Plan. Staff finds the following Comprehensive Flan policies to be applicable to this property and apply to the proposed use (staff analysis in italics}: Beyond what has been discussed above, the following Comprehensive Plan policies apply to this application (staff analysis in italics below policy): ~ Chapter VII, Goal iII, Objective A, Action 1-Require that development projects have planned for the provision of all public services. ?'he City of Meridian plans to provide municipal services to the Lands proposed to be annexed in the following manner: Sanitary sewer and water service will be extended to the project at the developer's expense. Shops at Victory AZ PP CUP PAGE 6 \ 'r, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the Lands will be under the jurisdict~'on of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department, - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MI'D~, - The roadways adjacent to the subject Lands are currently owned and maintained by the Ada County Highway District (ACED). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. ?'his service will not change. - 7'he subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian .library District should suf,~er no revenue loss as a result of the subject anneacation, 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 Ut~'Iity Billing Services, and Sanitary Services Company, • Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adj scent parcels. The applicant is proposing a commercial zoning district. In the proposed C-C dYStrict, a ZS•foot wide buf far is required to be constructed adjacent to residenn'al uses, per UDC Table 1,I -18.3 to protect residential properties from the impacts of commercial development. The applicant is requesting approval of Alternative Compliance f or a reduced buffer width in certain areas with this application. As an alternative means of meeting the intent of the ordinance, the applicant is {~4 ro osin additional landsca in within the bu er, a verb crate wail ad scent to areas with a ,~ pp g Pg' .ff I ~~ reduced bujfer width, and afoot tall vinyl fencing on the remainder of the perimeter boundary adjacent to residential uses. Sta, f f 'believes that the proposed combination of landscaping and fencing should adequately protect the adjacent residentia! properties from the proposed commercial development. See Analysis below for more on the Applicant's alternative compliance request. , ~ Chapter V, Goal III, Objective D, Action 5 -Require all commercial and industrial businesses to install and maintain landscaping. Street buffer Landscaping and internal parking lot landscaping is depicted on the landscape plan far the proposed project. All landscaping shall be installed and maintained on the site in accordance with the standards listed in UDC I1-38. • Chapter VII, Goal T, Obj active B -Plan for a variety of commercial and retail opportunities within the ImpactArea, The proposed development, which consists of neighborhood commercial uses such as a drugstore, retail shops, services, of,~ce and restaurant uses, will provide a variety of commercial opportunities in this area of the City. • Chapter VII, Goal X, Objective B, Action 3 -Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. fine site is located on the corner of two arterial streets, E. Victory Road and S. Eagle Road. fine site is surrounded by rural and urban density residential propertr'es. Staff`' believes the proposed - commercial development should complement the surrounding resident~'al uses by providing needed services in this area of the City. Shops at Victory AZ PP CUP PAGE ? ~~.. ,`~, (~ CITY OF MERIDIAN PLANNING DEPAR'T`MEN'T' STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 ~~ s • Cha ter VII Goal I, Objective B, Action 6 -- Require neighborhood commercial areas to create a P ~ ~ . ~~ site design compatible with surrounding uses (e.g., landscaping, fences, etc.) Six foot tall vinyl fencing, a vent-crete wall, and added landscaping are proposed around the perimeter boundary of the commercial development to assist in providing a bu~J`er between the existing residences to the south and east. The applicant is requesting alternative compliance with this application to reduce the buffer width adjacent to residential uses frarn 25 feet to as low as 10 feet in one area (the majority of the buffer is 1S feet wide as required). Staff is requesting that the applicant provide pathway connections to the east and south with this application for connectivity to the adjacent residential uses. Staff believes the proposed site design should be compatible with surrounding uses if the applicant complies with the conditions of approval and DA provisions in the sta,~report • Chaptez VII, Goal IV, Objective D, Action 2 --Restrict curb cuts and access points on collectors and arterial streets. Cross-access easements are proposed to be granted between all lots in the subdivision. Staff is requesting that the two right-in/right-out only accesses proposed crosest to the intersection on Victory and Eagle be removed and only one access to/from Eagle and one access to/from Victory be approved with this application. . Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. ~A 9. UNIFIED nEVELUFMENT CDDE N. ,~ _~ a, Schedule of Uses: Unified Development Code (tJDC)11-2B-2 lists the permitted, accessory, and conditional uses in the C-C zoning district. The proposed retail, restaurant, once, and service uses are all listed as principal permitted uses in the C~C zoning district. The proposeddrive- ; through requires conditional use permit approval inthe C-C zoning district if it lies within 300 feet of an existing residential use oranotherdrive-through facility. b. Purpose Statement of Zane; The purpose of the commercial districts is to provide for the xetail 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 comurnercial uses, and the location of the district proximity to streets and highways. c. General Standards; All of the praposed late shall comply with the dimensianai standards listed in CTDC 11-28.3 for the proposed C-C zoning district. 10. ANALYSIS a. Analysis of Facts Leading to Staff Reconunendation: 1. AZ Applicatiua: The Applicant is requesting approval to annex and zone 4.79 acres from the RUT zoning district in Ada County to the C-C zoning district in the City. The applicant proposes to develop the property with neighborhood co~nercial retail uses such as a drugstore, retail shops, services, office and restaurant uses, The property is currently designated on the Comprehensive Plan Future Land Use 1VIap as Mixed Use - Comnnunity. The proposed use of the property and C-C zoning district are compatible with this designation. ;~ T~~~ Shops at victory AZ PP CUP PAGE 8 ~' ~, / ~ ' , _~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2Q08 The C-N zoning district would also be compatible with the MU-C designation and would rovide more of a transition in zoning between the adjacent residential uses and the proposed p commercial development, Staff compared the permitted uses in the C-C district vs. the C-N district and found that the proposed retail, restaurant, and office uses are all principal ermitted uses in both zoning districts. The major difference between the two districts is the P dimensional standards, as follows: ,~~ .r,, DIMENSIONAL S'tANDARO~ C~N C•C Front setbade ~ feet 20 4 Rear sa;tback ~ feet 25 0 interior Side setback in feet 0 Street {and buffer an #ee# local 10 Collector 20 Arterial 25 En a comdor 35 Interstate 5Q Landscape buffer to resit~ntial uses in feet's 20 25 Maxmum buildin h ht a1 feet 35 50 Maximum building size without design standard approval as set forth m 11-3A•19 ins are feet 7,500 60,040 Parking requirernen#s See Chapter 3 Article C.off-street arkin and Ioadin r uirements landscaping require~nen~ See Chapter 3 Article 8. landscaping re uirernents Ail se~aklCS shad be measured from the ultima#eright-ofway for the street cassifikation as shown on the adopted Tr~sportation Plan. "minimum setback only alkawed with reuse of e~as5ng residential struc#ure, '"'Where the adjacent property is vacant the Director shall determine the ~ scent ro deg na~on based on the Corn rehensive Play des' na~on. Staff believes that the requested C-C zoning district is appropriate far this site if the applicant complies with the conditions and DA provisions in this report pertaining to maximum building footprint and minimum number of buildings on the site. Based on the policies and goats contained in the Comprehensive Plan, staff believes that the requested C-C zoning district is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The proposed annexation area consists of a combination of two parcels; a majority of parcel 51128223075 (Axelrod parcel) and a very small portion of 83193250410 Aldridge parcel} to the south. The applicant has submitted a Boundary Line Adjustment (BLA} application with Ada County Planning to modify the Axelrod parcel so that it is consistent with the annexation legal description and proposed plat. with the BLA, the Axelrod parcel is reduced from 3.92 acres to 3.69 acres; the Aldridge parcel is enlarged to S.0? acres to conform to the Ada County requirement for RUT zoning. As a DA provision, Staff is requiring that the applicant submit a letter of final approval from Ada County hevelopment Services for ~, Shops at victory AZ PP CUP PAGE 9 1~ IJ 1 T"_ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT F4R THE HEARJNG DATE OF AUGUST 2d, 2008 the Boundary Line Adjustmen# and a recorded copy of the Record of Sarvey, prior to approval of the annexation ordinance by City Council. The annexation Iega1 description submitted with the application {stamped on March 17, 2048 by Aaron L. Ballard, PLS) shows the property as contiguous to the exisring corporate boundary of the City of Meridian. Conceptua! Site Plan; The conceptual site plan submitted with this application [prepared by The Land Group, labeled as Sbeet C 1.03, dated 4118108 {revised 4124/08)] depicts 3 buildings pads with footprints totaling 29,910 square feet {s.f.). The largest building pad, "Pad A," where the drugstore is proposed, consists of 15,885 s.f.; "Pad B" consists of 7,065 s.f.; and "Pad C" consists of 5,9b0 s.f. Off-street parking for the site is depicted on the plan. Based on the total building square }footage proposed, 60 parking stalls are required; 133 parking stalls are proposed, which exceeds UDC requirements. Staff has reviewed the proposed concept plan and found it substantially complies with the dimensional standards listed in UDC 11-2B- 3 for the C-C zoning district, except for a reduced buffer width adjacent to residential uses; the applicant is requesting Alternative Compliance to this requirement {see below}, Staff is requesting as a provision of the DA that a minimum of z buildings be constructed on the site and that the maximum building footprint of any one building not exceed 20,004 square feet to assist in providing a transition to more intense commercial uses adjacent to the existing and future residential uses. A detailed site plan is required to be submitted and will be reviewed with individual Certificate of honing Compliance application for future buildings/uses on the site. Building Elevations: The Applicant has submitted conceptual building elevations with this application for each of the building pads that depict how future buildings on this site nay be :~a~ constructed. Building materials depicted on the elevations included in Exhibit A.b are proposed to consist of stucco ~ with stone and split face CMU blocks accents and green metal roofing. The buildings will be painted with S different shades of brown. These elevations are included in Exhibit A.6. Staff is supportive of the proposed elevations. Buildings construucted on the site shall substantially comply with these elevations. lours of Operation: Hours of operation for the businesses within the development were not specified in the application, except for the proposed drive-through pharmacy which is proposed to operate from b am to 10 pm. Because of the adjacent residential uses, Staff is recommending a$ a provision of the DA that hours of operation for all businesses within this development be restxicted to the hours between b am and 10 pm. Development A,greee~nt: UDC 11-5B-3.D.2 and Ydaho Code ~ b5-b711A provides the City the authority to require a property owner to enter into a Development Agreement {DA} with the City that may require some written commitment far all future uses. Staff believes that a DA is nece~~sary to ensure that this property is developed in a fashion that is consistent with the comprehensive plon and does not negatively impact nearby properties. Prior to annexation ordinance approval, a Development Agreement (DA} shall be entered into between the City of Meridian, property owner {at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-550 to initiate this process. Said DA shall be completed within 1 year of City Council action. The DA shall incorporate the following: a. The applicant shall be responsible for all costs associated with the sewer and water service extension. ~~ b. Any and all existing domestic wells andlor septic systems within this project will 'have to be removed from their domestic service, per City Ordinance Section ~~.~.~ _~ Shops at Victory AZ PP CUP PAGE 1 Q / '.,. `l CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPURT FGR THE I~~G DATE OF AUGUST 26, 2048 ~. ~ ~5-7-517, when services are available from the City of Meridian. Wells may be used P. for non-domestic purposes such as landscape irrigation. c. No si s are a roved with the.. sub'ect annexation approval. All business signs will ~ PP J require a separate sign permit in compliance with U~ 1 I-3D. d, The request for Alternative Compliance for a reduced buffer width in certain areas adjacent to the residential property to the south, is approved per the landscape plan attached in Exhibit A and in accordance with the DA provisions and conditions of approval noted in the Shops at Victory staff report. e. Construct a minimum b-foot tall verti-crete wall adjacent to the residential property to the south in the areas where the buffer width is below the required 25-feet, as shown on the fencing plan in Exhibit A.5, as approved through Alternative Compliance with this application. Construct a minimum -foot tall solid vinyl fencing in all other areas along the perimeter boundary adjacent to residential uses. All fencing shall be constructed in accordance with the standards listed in UDC l l- 3A-?C. f. Provide a minimum 5-foot wide detached sidewalk along both Eagle Road and Victory Road beyond the ultimate right-of-way of the reconstructed and widened intersection. Said sidewalk shall extend across the Aldridge uroperty along ~ ~e Road~~ off, Drive _und be loc ed yv~thir- a uublic pedestrian ~~~ g. Access to this site shall only be provided from one full-access and o r_iaht- ' ri - ~ tolfrom Eagle Road ~~ and oue full ~~~-~~~ ;~ access and one right-in/right-out access tom, Victory Road ew~ed as proposed by the applicant ' ,~ ....._ ' .Any other access points to/from the site are prohibited. h. Across-access/ingress-egress easement shall be recorded tolfrorn Eagle Road and 'Victory Road benefitting all lots within the subdivision. i. Provide a pedestrian connection pathway and break in the fence} from this site to the future pathway in Harcourt Subdivision. ' ' ' j. A minimum of 2 buildings shall be constructed on the site and the maximum building footprint of any one building shall not exceed 20,000 square feet. k. Hours of operation for the businesses within this development ,shall be restricted to the hours between 6 am and 10 pm. 1. The Applicant shall cotnply with the tree preservation standards listed in UDC 11- ~B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. The applicant's proposal to plant trees along the southern and eastern property boundaries as mitigation for trees removed from the site is approved per the landscape plan included in Exhibit A. ~.~ ~F m. The detailed site plan and building elevations submitted with any future CUP and/or Shops at Victory AZ PP CUP PAGE 11 /mar l ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 CZC application for this site shall substantially comply with the conceptual site plan `~ ~ and building elevations submitted to the City as shown in Exhibit A of this staff ~~, report, as amended herein, and with the requirements of the subject Development Agreement. n. The Applicant shall submit a letter of final approval from Ada County Development Services for the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Council and publication of the ordinance in the newspaper. . . p, to re ease bu'tdin the site or the anolicsnt h work wi ACRD to determine a, funding mechanism for the intersection imp ovements~ .~ _ . Z. PP Application: The applicant is requesting Preliminary Plat approval of 3 commercial building lots on 3.68 acres of land in a proposed C-C 2oniag district. This property has not been previously platted. The applicant is proposing to plat this subdivision in one phase. Staff has reviewed the proposed preliminary plat and found it substantially complies with the dimensional standards listed in the iJDC 11-28-3 for the C-C zoning district except for the requirement of a 25-foot wide landscape buffer adjacent to residential uses. The applicant has requested Alternative Compliance for a reduced buffer width see below}. Alternative Compliapce: The applicant is requesting approval of Alternative Compliance with this application for a reduced buffer width in certain areas along the south and southeast property boundaries. As mitigation for a reduced buffer width, the applicant proposes to install a max of d-foot tall vinyl fencing and verti-crete wall, and added landscaping along *~ these boundaries to create more of a barrier between the proposed commercial uses and the ~` existing residence. Per 'CJDC I 1-SB-SB.2, requests for alternative compliance are allowed ~~ when a site involves space limitations or an unusually shaped lot. Staff believes that this parcel has space limitations due to its size and irregular shape. For this reason, Staff Is supportive of the request for Alternative Conspiiance provided that a minimum 6-foot tall verti-crete wall is constructed adjacent to all areas with a decreased buffer width and minimum 6-foot tall solid vinyl fencing is constructed in an other areas along the perimeter boundary of the subdivision ad jacent to residential uses, See attached Findings in Exhibit D for more information. Existing Landscaping: The application states that there are 5 existing trees on site that are considered of value, totaling 54 caliper inches. Fifty-four caliper inches were mitigated on the site along the eastern and southern boundaries in addition to the 1 tree per 35 lineal feet required by TJDC 11.3B-9. The Applicant shall contact Elroy Huff, Parks Departnnent, for confirmation of the aforementioned figures and approval of the tree mitigation plan. The Applicant shall provide mitigation for existing healthy trees on the site that are proposed to removed as depicted on the landscape plan in accordance with the rnitigatian standards listed in UDC l 1-3B-lOC. Additionally, all trees that are retained should be protected during construction. The Applicant should contact Elroy Huff at 888-3579 for approval of the protection fence prior to construction. Landscaping: The applicant submitted a landscape plan [prepared by The Land Group, on 4118/08 (revised 4/2410$), labeled as Sheet L1.0] for the site with the subject application. Staff has reviewed the plan and approves of it with the following modi~ications/notes: • The applicant shall construct a nalnimum 25-foot wide street buffer along the entire ..~, frontage of S, Eagle Road and E. Victory Road {bath arterial streets), exclusive of ~ ACHD r~ght~of-way required for the ultimate street section, Said buffer shall be << Shops at Victory AZ PP CtJP PAGE 12 I ~ . / } ~ .._.- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2408 designed and constructed in accordance with UDC 11-3B-7. Fer UDC 11-3B-7.2b, ~~ street buffers shall be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association. (Note: In 2011, the lrctory/Eagle intersectioon is planned to be reconstructed and widened to 5 lanes on all legs, including curb, gutter, sidewall~ and bike lanes, per ACHD's 1009-2013 Five Year Work Program.) • The applicant shall construct a 7•foot wide detached sidewalk along both Eagle Road and Victory Road beyond the ultimate right-of-way of the reconstructed and widened Eagle/Victory intersection. Sidewalk may be located withi~a~ the required buffer area. • Depict a minimum 6-foot tall verb-crete wall along the south property boundary in the areas shown on the fencing plan attached in Exhibit A.S. In all other areas adjacent to residential uses, depict minimum b-foot tall solid vinyl fencing. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on implementing the proposed protection and mitigation plan for the existing trees on site. The AppUcant shall contact Elroy Huff, Parks Department, for confirmation of the caliper inches of trees to be mitigated and approval of the tree mitigation plan. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurserSrman responsible for the landscape plan. All standards of installation should apply as listed in tJDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changeslnotes mentioned above, with the final plat application(s). Sidewalks; The conceptual site plan depicts a 7-foot wide sidewalk along S. Eagle Road and E. Victory Road. The Comprehensive Plan (page SS} requires detached sidewalks along all ,~, arterial streets within the City. Staff is requesting as a provision of the Development ~~`~~~~ Agreement that a minimum 5-foot wide sidewalk be constructed as a detached sidewalk along bath Eagle Road and Victory Road beyond the ultimate right-of-way of the reconstructed and widened intersection. Pathways: No pathways are proposed for intercannectivity and pedestrian access to adjacent residential properties. I~owever, the approved pre ' plat for Harcourt Subdivision to the east depicts amino-path connection to this property at the east boundary. Staff recommends that a pedestrian connectiion (pathway and break in the fence) be provided from this site to the future pathway in Harcourt Subdivision. Additionally, staff recommends that a pedestrian connection (pathway and break in the fencelwaU) be provided to the property to the south for pedestrian access to the proposed commercial development. Access: Two access points to the site are proposed from S. Eagle Road tthe first, aright- in/riglit•out only access, 250+1- feet south of the intersection; and the second, a full access, 460+1- feet south of the intersection). Two access points are proposed from E, Victory Road (the first, aright-in/rigbt-out only access, 250+/- feet east of the intersection; and the second, a firll access, 470+/- feet east of the intersection). Drive aisles are proposed internally for access within the site. No stub streets are proposed to adjacent residential properties. Planning Stan, the Fire Department, and Police Department are supportive of the two full-access points proposed furthest from the intersection, but are not supportive of the two right-in/right-ont only access points proposed closest to the intersection. Staff is including a DA provision that access be restricted to the one access point from Eagle Road and one access point from Victory Road in locations approved by ACRD. If the Commission and Council should decide to approve the right-in/rigbt-out accesses proposed closest to the intersection, Staff recommends that a center median be required irr Eagle ~. . Shops at Victory AZ PP CUF PAGE 13 (~ CITY 4F MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2b, 2008 Road to restrict left-ir~Jle~t-oat traf,~c mavemen~s. Further, staff is supportive of the internal ~~ ~~ drivewa s ro osed within the site and does not believe that stub streets should be required to YP P adjacent residential properties. Cross-access easements are proposed to be granted between J the parcels (see Analysis, Section 10, below for more information). Easements and notes regarding access should be placed on the face of the final plat. As of the print date of this report, comments have not been received from ~4CI~D on this application. Stub Streets: No stub streets are proposed to adjacent properties and no stub streets are provided to this site from adjacent residential properties. Because residential properties exist to the east and south of this property and because these properties are designated on the future land use map for low density residential uses, Staff is supportive of no stub streets being provided, Existing Structures: The existing building(s) on the site shall be removed, prior to signature of the final plat by the City Engineer. Fencing The applicant is proposing a mix of 6-foot tall vinyl fencing and verti-crete wall along the southern and eastern perimeter boundaries of the subdivision. With approval of the request for Alternative Compliance for a reduced buffer width adjacent to residential uses, Staff is requesting that the proposed verb-crete wall be installed adjacent to areas where a reduced buffer width is proposed, as shown on the fencing plan a#tached in Exhibit A.S, tv provide more of a barrier tv the bordering residen~tal uses. In all other areas adjacent to residential uses, a minimum 6-foot taU solid vinyl fence shall be installed. A detailed fencing plan should be submitted upon application of the final plat. Fencing shall be installed prior to issuance of any building permits on the site to contain debris during construction, Temporary construction fencing shall be installed where ,. permanent fencing is not proposed, prior to release of building permits. All fencing shall be installed in accordance with the standards listed in UDC 11-3A-?. ~.f Ditches, Laterals, and Canals: There arena laterals, canals, or ditches on this site. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface ar welt source is not available, asingle-point connection to the culinary water system shall be required, If a single- pointconnection isused, the developer will be responsible for the payment of assessments for the common areas prior to signature an the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- l 5 and MCC 9-1-28. Certificate of honing Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use coraaplies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 1 l -SB-1 A). To ensure that all of the requirements of the Development Agreement and preliminary plat, as listed in Section 10 and Exhibit B of this staff report are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to building/parking lot construction, and all improvements must be installed prior to occupancy, . 3. Conditional Use Permit (CUP}: The applicant is requesting CUP approval fox a drive- . through window for the proposed pharmacy within 304' of an existing residence. Per UDC 11-4-3-11, if adrive-through window is proposed to be located within 300' of an existing residence, CUP approval is required. The drive-through window is proposed to be located on the south side of Pad A at the southeast corner of the building. ~. Shops at Victory AZ PF CIJP PAGE 14 (~ l~ ING DEPARTMENT STAFF REPORT FOR THE HRARtNG DATE OF AUGUST 2b, 2008 CITY OF MERIDIAN PLANK -4-3-11 S ecific Use Standards apply to the proposed drive-through u$e of the Per UDC 11 P '~. property as follows: ablzshrnents rovidin drive-through service shall identify the stacking lane, - All est p g r locatio and window (pneumatic tube} location on the plans submitted with the speake n, ertificate of Zonin Compliance CZC} application; The site plan depicts a stacking C g hat is se orate om the drive. aisle needed for circulation. The speaker location and lane t p ,1 ~' Z window location shall be depicted on a revised site plan submitted with the C C application. - Stackin lanes shall have sui~icient capacity to prevent obstruction of the public right-of- g wa b atrons; There is suf~`icient room for patrons to stack without obstructing the Y Yp public right of-way. - 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 lane. - The stacking lane shall not be located within ten feex (10'} of any residential district or existin residence; The stacking Iane is approximately 95 feet from of a residential g district, which complies with this requirement. - An stacking Iane greater than one hundred feet (100' in length shall provide for an Y escape lane; and, There rs a drive aisle adjacent to the stacking lane which wil! serve as an escape lane needed. - A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. As of the print deadline, comments have not been received from ACHD. The Applicant shall comply with this requirement. ~~, ~" ~~~~ Sta believes that the proposed drive-thru does comply with the aforementioned standards. r The applicant shall demonstrate contr'nued compliance with submittal of the Certificate of Zoning Compliance application for the drive-through window. fours of Operation: The proposed hours of operation for the drive-through pharmacy are 6 am to 10 pm/7 days a week. Staff has no objections to the proposed hours of operation, However, the Commission and Council should rely on testimony presented at the public hearing to determine if the nearby neighbors have objections to the proposed hours. Certificate of Zoning Compliance (CZC}: A CZC application is required to be subnutted, prior to issuance of building permits, far the proposed drive-through pharmacy use, The site plan submitted with the CZC shall be revised to comply with the conditions of approval listed iu Exhibit B of this report and shall be submitted prior to establishment of the new use, All improvements must be installed prior to occupancy. b. Staff Recommendation: Staff is recommending approval of the proposed development PAZ-U8- 00?, PP-08-006, and CUP-08-011~ with a Development Agreement and the condi~ons fisted in Exhibit B of the Staff Report. The Meridian PlanninT& ~ Zo_ning Camnnission heard these items on June 19, and 1~v 17~ 2008. At the Public hearing on Juiv 17, Zo08 they moved. to recommend approval of the subject AZ, PP, and CUP requ~,.The Meridian Ci~u,~ • st~hiect A7~, PP. and CiTP request. Shops at Victory AZ PP CUP PAGE 15 `_ (~ ~~~ TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 CI 11. EXITS ~: ~' ~_ A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat (Dated: 4/18!08, Revised: 4/24!08} 3. Conceptual Site Plan tDated: 4118!08, Revised: 4124/08) 4. Landscape Plan (Dated: 4!18108, Revised: 4/24/0$) 5. Fencing Plan 6. Building Elevations 7. Letter from Ada County Development Services Pertaining to Property Boundary Adjustment B. Conditions of Approval 1. Planning Department 2. Public works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7: Ada County Highway District "~ C. Annexation Legal Description 8t Exhibit Map r,, R:: D. Required Findings from Unified Development Code Shops at Victory AZ PP CUP PAGE 16 Exhibit B--Page 1 .* ~. ~:..:,' CITY OF MERIDIAN PLANNING DEPARTMENT' STAFF REPORT FOR THE HEARING DATE OF AUGUST 26 2408 A, Drawings 1. 'vicinity/Zoning Map -~ Exhibit 8 -Page 1 ~-~. ( 7 I~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 Z. Pre ' ' ary Plat (Dated: 4118108, Revised. 4124!08) .__.r,._._._ ~.,... E,~~t~narygn~o ..~~~ R +, ~ ,~;:,~• .`"fir""' t ~ r *~ 1~ ~ ~ ~ a.~w ~~ F '~ 'i ~f i ~ IIII~f ' ~. ~ ~' ' ~~ ( ` Ir 1 r • ~~ ©wM~l~ .~~ ' ~4r*r...... 0 ~r ~' ~ 1 ~ ~ ~ ~ • r MAIiR 1J~MM! R ~~~~MAk ~ n • , ~, • ! ~ M-l ~R 1-. X11 MMF lli ~ r f ; ~ ~' f+ ~ •i~ •~~ ~^ (r.~~ ,II~,+~Al~ ~ ~i ~i~M~w11MM1 ~ ~'- ~M1rM i11N f .w~w• ~~f•Y~I+NrwliYS ~ ~ ~ ~ ~ '•~; ~f ~IIINIR! i#IM~1wi11~ M ~ ~ i ~ CAI Nw ML1~111/OI 1.~ .~J.~• ~ i,. 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Yr4... 1 M r11V..{ Irr• '••/'yLM..Y~w.r iwlw•rrl.w 1 • IVI111\.N ry.•.•. wIN.1•W ~wN 1~. 1 ~ 1 1 .•11 r w 111• ?~iliL;.:N6r rr••rr.1., rlMw.wrwY{w M r Arwywl l ~ w.-w • III•MMrllh! tinIF OI./`rlw '~ i~~.~ .. .. .._~ 1„nw . 1 .1 w .N V ..I. 1 :•1• .l• 11.1 Ir 1 ..K . aw ': h .• r.rl .N 1,...1.• 11 u •' 11' ' /•' ~I I. ...J •~i 14 •' •~ . .w; KN6 5,~~~~- •..,:,,.: r ~a~ Phan ti ~ r • ,~r '1' N., z ~ a U S U W ~r ~i l~lla M yr• •N hn•~ ..._~~ MPwrr/14 r• Mlw~w w• •~Ir.~.M -- ~ I~.Mt Mme/' .`II Y ~aaw~ a ~.~.0 ~~ Exhibit B -Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF ,REPORT FOR THE HEARIIVG DATE OF AUGUST 26, 2008 5, Fencing Plan Y~ F. iy . y ~ =" 1 4~• \ ' ~~ I ..1.:d . ~ I• .~, r•w.4~ • .. I •~~ a a ~ ~. ••1wr'~ j,"'1'r' ' ~ ' ~ ~ ~1 J~,,~ ' -"`i 1' r' r. ..ti ~ ~ ` , •+~>/1MrV1 fYMXi M •~ ~ ' ,, 1. • .. ~ •~ i 1 ,~ ' ~ •''~ .. ~eA ~ ~ ~ ~~ 6-. y ,. . ~~::". 1 ., ~• f (~ ' .~i,, ~. '1 .rs f ~ ~!) t ,~~I ~!~ ji~~,• • ~~ ~~ T~~~ W II rr~~ ~ . I;Vl, +' 1Mt11~~ ~}~!! • '~ ~ ~.~ ,. ,. ~4~,;,,, I ,.. ~ ~ ~-{ ~. ~~ • ~ ~. ~ ', w~! J ~ '~ 1 ~, ..` , ~ ~~,~ ~ ;~'~ ~~ ~4ri ~ ~~ ~''+t! ~~ ~ ~ t~~.li ~ ~ . ~ V~r~iu~.'I~ p ~ ~~.~ A~.C~LATI 4 N S i rotrr.rt~'f~,T-~WM4.llN+Mtm~ nrw~iMr-+wr r t~p1f ib ~ >M 1AM~L ~!!~ ~ •~Rif ~Iitl1M1lS ~ir~~ 1 rti.' ~"f1N R' . W~ ~ 1iYA1,ltpr ~, trrir ~a •~ rMp:~ AIIY~ + UK:I.yk ~~ MAr:no -AYU Ilt • Iargs'KA ~N-'+UIN;L +W.r M~~r~ uNrM-.x yM ':'a Ewa a r~-~ «~: rrcrr u. •r+wa rvea~ l ~l/~f/aTu~•M{AW+ti1MM Mt~~~r. .,, 6' "~ , s~l~d rr•rrr ~`~1 ~~ /d11 r.ly ~h~ tali Exhibit B -Page S ,~ I ~ s~° ~ ~= r ..:., .. ~, ,Y ~~-• ~-~ IAN PLANNING AEPARTMENT STAFF REPGRT FGR TDE HEARING DATE DF AUGUST Z~, 2448 CITY OF MERID 'sal A•North EM+-~4ion .~ ~ ~ ~~ Wit' •.w ~ ~ .. '" W~ ~ .~ ~~~ J.I .:. T' F ,~ ~ ~ , M~'~ ~~~ ~ ~'~'~':i':« ~ ~~ ~ad.a ~'Ca« yT'f d,j ~~;. yam{ ~ • , ' ~y f rig ~e u.rruoN ~' .~ _ ~^ '~.! .a' .. ~ ^• 4 ..y~~ s I ~''~~ ~ .,;~ i r ~=~~i ~tP~` •Mr ¢¢ ~ J ~.. r n:i y ~• ~' r r ~~ ~ ~f ~ .~+i~ ...: ;:~~ .... _ f . . .t...~., 1gg i ~ ~ ~ ~`'~ ,. ' !'~ ~ _~,~ t t ~ r~^~ Exhibit B -Page d 6. Building Elevations 1 ,..AI ~ t 1 t ~ , I~Mw 1 .. / , ~` 'p CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA'L'E OF AUGUST 2b, 2008 ~ O ~ ~ ~ ,, • ,. ~~,. ,Q ~~ ' \; ~~:~•' ~ i ~ ~ ~ r.,i fir. ~ ~ Pad ~Ihst Elwstion ~.w • O ~ ~ V ^ I '~ ' +i "~ ~ r •~..r. •.*C~ ~r il-. ys i '~''~T ,•~ ~~ ~ ... ; Pad ~lOftll ENY~Ii011 ~ ^ ~~i ,- x ,` v r"~' •, r ~~'1 ... ..., ~~ r .+. ~''~ ~,. ~~. 'iyw' .~ ~~ ~~i~-f~P~ l..J L.I r ~ ~ ; 1. ~' ;,Na'~ '~ .I J • ~ ~ 1' • ~•~ ~^ 1~ ~ t-J ~~~~ ~~~~ ~~~[ M ~. 1~1 .~ .~ M .~ ..i 1 ;...:........J t}~~ : . t•TM~ 1,_ ~~~ ~~9~ i4i j}~ ` / i ~ {' S~ ~ wti ~ ~.^ Exhibit B ~ Page ~ ~,.' . 1 '~~... ,, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2b, 7008 ~;; ~; ~~.~ r Rsd FNortl~ lfwatlew _~ .~ ~,. . ~ ~4 Pad C-t~st ~IwNlon ~ ~ ~ l~r ~~ft r r or ~• r o. r •, ~• ~~~ .,.. ; ~. llyd C~WNt ~w~n ,.u,.r. a.{ ' 0 U• ~ V ~~ , ,.~ ;~ ., ~~9~ 1! ~3 !~ ~ ~, ~ ...r Exhibit B--Page 8 ~ 0 ~ ~.a csewk ewwaoN 1 ~, OF MER]DIAN PLANNING DEPARTMENT STAFF REPORT FAR THE HEARING DATE ~F AUGUST 26, 2008 CITY 7, Letter from Ada County Development Services Pertaining to Property Boundary Adjustment ~;. ~~ V~ x ~ /• D~~~o~~N~r s~~,~rC~:~ F.1\ , -i-~ ,t.. ~'K:~ :~~~~ `~ i~lt~J:~T. E~~'?ITT:. ;I'jsftti ~,~~ri~..;,tsci "~ ~, ._.,.~._._.._~ ....~... El'IL1~t~C;'_.....~ ~!r't~~~'~ERL\G PL~~ti'i;~'ta ' ~ , _ 7i~~'f~C.~ _._._..~...~... ~~lav b. 2W8 DI~r1G~ Real Estate Aartners/ R, Grey Goons :35Q ti+ 9~ Suite 2nl BoisN 1D, 8374 RE: RR~JECT'YC~MBER 20080456-PBA. Application for a Property 8oundarv Ad}ustmNnt in~~o1~'ing Tax Parcel Numbers S11?832307~ and R319325Q010 located at ;? 1~~ S Eagle Raad. Meridian, ID, Ta~anship 3 North, Ranpe 1 East, Section ?~ 11~ar Al~pli~•ant~ tin April ~, 2tI(l8 A~~a C'nunty DPVeIn}~mPnt Ser~~i,`~ r~- aiv~l ~-~~ur al~ph{ ~tum t~-r a pro~rtl~ lx~undanl adjustment, Based nn ~tafP~ review of the Ada Cc~unt~~ ~`rnje, this ,~,r#Y apphtat~un has been liven tentative appro~~al, sut~+: t to d~~ ~`~.~rrdiiiuns of Apprcwai .~~ ~ listed in Cxttibit ".a". please note, this approval shall become null and void i! thN ~~` Conditions of Approti•aZ have not l~n met, dnd if you have nc~t obtained a valid Zoning Certificate within one t) I gear of the date of this apprrval letter I~h~s ~ietemtinatipn was made based upon current information contained m the public. r~~orct and interpretation of ttt~~ Ada County Zoning Urdinanre, Yau ma~~ appeal this de<`~ston to the Baard c~! A~~a t:~ounh~ C:omm~ssionc~rs, ) o do su, vc~u must file thc~ appf~al u-~thm htteen days of the loth o! this letter, 1 ha tee for hlln~ iin appeal ~$ ~~5t). Pursuant to idahv Code § 67-b535, this lector ~ to further Inform you that to the extent a final de~•ision has teen made an a site~specific land use request, an a~+plicant has the right t4 request a re~ulatarv takings analy-s~ under Idaho Code ~ ti7~3. if vau have any questions, I can be reaehed at (208y 287-7901, Sine erel v, , Grp ~i~ ~nder~~n, Planner Il Acja County i~velt~pment Sprvlt ~ ~~: ti~tarl~ PPrfr~~1, Plannr~r (Il SEriwrvisr.}r; Arta C~~unty ~ev~-k~pmer~t S~rv~ces Sunva ~'~'attr?rs, Assa•ia1P C'itti- Planner; titPridian r~t,~ Prw~ N~c~c~XxiS~FKA _ . _ . ~ ~. 4~Mc; ! tin~r~ I~ua~ I too i Exhibit B -Page 9 ;; ` 1. OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2x08 CITY S'CAB' ANALYSES This application is for a Property Boundary Adjustment;evolving Tax Parce! Numbers SI 128Z21A7S located at 3210 S Eagle Road and 83193250010 lOr~ted at ~~QB ~ Falcon nrive nn April 4, 241QR Ada County C~evelopment Services r~~eiveci your application for a rrul~erty boundary adjustment. On April 7, 2E10A your acceptance letter was sent to you in~iK•ating tha[ your application would he acted upcm within 6~ days. There is a single family r~~dence located an each of the praperrties. ['ar~el number R3119325041Q contains 4.8 acresy it is zones RUT, it is lot 3 of C;~lden Eagle Estates and was platted in 1914, This property is a 4.8 acre legal nonconforming lot and w~iU become a canformirtig panel containing 5.0 acres. Parcel number 5112~82230r'S contains 3.9 acres ~t ~s zoned RUT amd was created an 8118/2QQb by instrument number 10613444b. ~I'h~s parcel was split farm parcel 51128223v'iU when a pardon of the property was deeded to Ada County H.tgftwav [)tstrict. Panel number Sl 1282280r7Q was created in 1954 and was 5 acres per deed recorded rn book 392 and page ?.50. Sirx~ this property was conforming prior to at ~-ing reduced by gavemmental action it is deemed a conforming propeM3• fO.r development purposes. ~1'ltis property contains 3.9 acres and will be 3.b acres this property wit! he annexed into the c~tv a! Meridian. APPLICABLE LAW This section details Ada County zoning ordinance regulations and other apRlicable stan~tards regarding develo}~rnent of the subject property, I. SSA-19: PRC?PERTY REpUC,I;D BY CC7VERNMENTA[. ACT1aN~ if a ~~ gnv~mrnpntal action (such as aryuisitican thr«agh p~ ription, purcha~, nr ~.~. other moans by the Ada C,'c~unty highway district, Idaho transporta~inn clMPartrnNnt, utility ~umpany nr ~~urpc~ratiun under the jurisdiction of the l~Iahc~ public utilities+~c~tm~issian, or other kx:al, state, ar federal agency) red ores an existting property below the required property size, such praperty~ 4hall ~ deemed as a conforming property for the purpcr~es of de~Plopment. ~- also se~•tian 8-~ 8-3 of this title. ~Qrd. ;~9, 6.14-2000; and. Qrd. 591, 7-~7, 20Q5) 2. ~Ctign 8.4C-4: PRC}PFRTY' BC?UNDARY Ai3JU5TA~~FIVT STAN~ARi~: A. A property boundary adjustment shall not reduce the property size below the minimum dimensional standards prescribed by thts title including regulations for indi<<idual wastewater treaba~nt systems and wells as set forth in sections B-4A~22 and S-4A•23 of this title respecn~~eiv. B. If one or more of the properties is nonconfarnxing as to the minimum dimensional standards prescribed by this title, the property boundary adjustment shall not increase the nonconformity. l'tvjaE ~MZ~~I~{K~K1Sfi-1'I3A ~1~ci / t~tc~, Pub 1 ~ j Y Exhibit B -Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2408 C. A property boundary adjustment shall not increase the original number of properties. D. A property boundary adjustment shall not change or rnave any public streets, private roads, easements, or publicly dedicated areas in am- manner, E. The property boundary adjustment shall not constitute a relocation of a property. F. For flatted lots, the property boundary adjustment shall E~ in substantial conformance to the recorded plat. Section 8.1 A•~l definitions SU BSTaNTIAL COIVEC~RMANCE: A €inal plat shall be deemed to be i,n substantial conforma~e to a prel~rninary plat provided that the final Flat represents no increase in the number of lets as approved far the prelamnnary plat and a tely percent X1016) or Tess deviation of any dimensional standard shown on the preliminar}- plat, prc~videci that the density and ~t dint~!nsions meet the;sta~~dards of the zoning base cii3tric~l. Unless required by a public highway agency, public utility, ar federal or state agen<~y, deviations greater than teen }~erc~ent (ltl~} car mare of any din~ensionai Standard sht~wri can the preliminary plat shall not he deemed in substantial conformance, Final plats in rural districts and the l~U'T and RSw districts shall be allowed a twenty five percent (25~) deviatit~n of dimensional standards ~:. ~,.~ 3. Section 8-4C-5: PRC?pERTY BC~UN~ARY ADJUSTMENT REQUipED F1NDiNG: In order t~~ approve the application, the dec-isicm•rndking body shall find chat, the proposed property boundary adjustment ~•R~mplic~ with the standards iii Section S-~`-4 of ibis Title, FINDiNG~i ~~ FACT (f any ~~f thew Findings of Fa~~t am deemed C'i~nciusi~~ns c7f l.aw, they are incc~r~rated u~tu the ("unclusiuits of Law ~c,~tiun. The f}ireriar finds khat Prx~jec~t Number 200$lXlfl5lrP8A complies with Section 8-4A-19 of the Ada County C:adP as follows. ra rrel n u mbar 511282.23070 was a 1Fga 1 con forming.5 acre property ~ the R t1T u~nP and was then reduced in size by an acquisition through purchase by Ada County highway distrut reducing the existing property below the required property size. 'this created parcel number 57128223075 this property is deemed a conforming property for the purposes of development. The Director finds that Nroject Number ZUO~uXlU56-PbA complies with Section 8-4C•5, A- ~ of the Ada County Code as follows: A..~s randitianed the property boundary adjustment will not reduce the propPr#y size of the parcels below fire minimum dimensional standards set for(h in their respective districts, PrU~C~I IY2~(~0456~FBA T)M~i l G~~ir~ Pale ; ~f S Exhibit B -Page 11 .. ...... .~~._~.~ .... .. ,:t j I, r y; pL,~G DEPA.RTit~NT STAFF REPORT FOit THE HEARING DATE OF ACJGUST 26, 2008 CITY OF MERIDIAN ~; ;. red in the record, Parcel A is a contorrning property' based on the B. As eviden dimensional standards set forth in the RUT Distri~•t for the property before it was redu~•ed by governmental arhon. As evidenced in the record Parcel B is a nonconfomning property teased on the dimensional standards set forth in the RUT Distract. Parcel B will be increased in size and Fill become a conforming property. I~hus the property boundary adjustment will not sncrease the nonconformity of a nont~onforming property. C. As evidenced by the submitted site plan drawing, the property boundary adjustment does not change or move any public streets, private roans, easements, or publicly dedicated areas in any manner, t~. As evidenced by the submitted site plan drawing, the 1roperty lx~undary adjustment will no! ronstitute the relaxation of property. F. As evidenced by the submitted site ~+lan drawing, the property bUUndary, adjustment will not ranstitute a relcx'ation vi the property. F. AS evidenced by the rerord~ the submitted site plane ~~omplies with 5ecuor~ ~- ~C•5, F of the Ada County Code as follows; As evidenced in the record Lod lot :~ of Golden gagle l;states t~ontains 4,8 acres. Per the code, the maximum allowed dimensional deviation ~ 25~ in the R~~f zone or I.2 acres on this property'. As proposed, the property boundary adlustm~nt would change tfie dunensional dev~ahon by .2 acres. ~~' As proposed, the property boundan+ adjustment ~ m substan~al ~~ conformance with the recorded plat. ~. CONCI.USi0N5 QF IAVV if an~~ of these Conclusions of Law are deemed Findings of Fact, they are incorporated into the Findings of Fact section. 1 The n~rec~tor rune{udes Prnj~-ct Numl~r Z(X1S(lil(~~-PUA ~~«tTil~fia~ witl~ Sec ticm A- ~`-5 caf the Ada ~uunty ~cxlN. ORDER Based upon the findings at Fact and Conclusions of Law contained in this Staff Deport, the Duector terttativety approves C'roject Dumber 20000056-PgA, sut~je<•t to the Candit~ons of Approval attached as Exhibit A, Prajuct N~tX~fiQC?Slr~'~~~t pact i c Ni~U t' ~ cif s Exhibit B -Page 12 1 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2b, 2008 ~;~, :i. rti; EXHIBFT A caNnrr~o~v~ o~ API~ovA~ PROJE(`T NUMBER 200SQOD5b~PBA DMG Real Estate Partners/ R Greg Goins REQUIRED ACTIQNS. THE FOLLOWING LIST DETAILS THE TASKS THAT MUST BE CQMPLE[ED BEFORE THE APPROVAL OF PROJECT KUMBEIt ?.p~84i1~6•pBA wIL~. BE CONSIDERED FINAL THE APPLICANT AND/OR C~'wN'FRg SHALL HAVE UN~'II. taNF YEA~t FROM THE wREI"t'EN DfiC>'S~CIN Tt~ ~'(aMPLETE THE REQUIRED ACTIOhiS AND TO OBTAIN wRI~'TEN APPROVAL FROM THE DAtEC'T~R. THIS APPROVAL SRAM, gEC4ME YO~D ~F WR~fi ~N A PPROVAL IIAS NOT BAN ISS~IE~D BY THAT DATE. 1. The appficantand/or owners shall cause the propert~- to be surveyed and a record of sur~~etil recorded. 2. The applicant and/or owners shall execute and record the necessary deeds to accomplish the property houndary adjustment, :~~ ~ 3. The applicantand/or owners shall obtain new parcel numbers from the Ada County n, .Assessor. ~. The applicant and ; ar owners shall cause parcel "A"' to be annexed into the city of '4leridian. The applicant shall complete condition number b after Meridian City Council has vt~ted to approve the annexahan for parcel "~", but prior to the urctinarx~e tieing aciopt~I and puhlish~cl. 5. 71~N ~tppli~ and anci/ar +~wners Shall provide the following dorumentatian tc~ the ~irertar: a) One copy of the mcorded record of survey, b) Cane tapy of the recorded deeds). ~-) Proof of assignment of tax parcel numbers. d) Documentation that parcel "A" has been approved for annexation by Meridian C.'ity ~:ouncil. b. Upon completing the above tasksy the applxanE sha1J request a letter from the Director stating that the Property Boundary Adjustment has received (anal approval. t f the propert}- is not annexed into the City of Meridian K~ithin one year of the date of this letter #ile numl~r 200060Q5frPBA will became null and void. f )M~- r cininc Page 5 n!' 3 Exhibit B -Page 1 ~ (,.. V~ ING DEPARTMENT STAFF REPaRT FOR THE HEARING DATE OF AUGUST 26, 2008 CITY OF MERIDIAN PLANN ~,s ~. q.. itY '. B. Conditions of Approval 1. Planning Department 1.1 A-NNEXATIDN COMMENTS ' n le al descri Lion submitted with the application (stamped on March 17, 2()08 by 1.1.1 The annexatio g P •s ' co rate bounds of 1~aron Y.,. Ballard, PLS) shows the property as contiguous to the ex~ ring rpo ry the Ciry of Meridian. for to the annexation ordinance approval, a Development Agreement (DA) shall be entered into 1.1.2 Pr etween the Ci of Meridian, property owner(s) (at the time of annexation ordinance adoption), b ry and the develo r. The applican# s>rall contact the City Attorney, Bill Nary, at $9$•SS06 to Initiate thfs rocess. Said DA shall be completed within 1 year of City Council action. (The P Plannin De artment required DA provisions are in Section'10 of the,Staff Report.) g P 1.2 SITE SPECIFIC REQLRREEMENTS--p~L~N~X PLAT 1.2.1 All comments and conditions of the accompanying Annexation and Zoning (AZ-o8-04?), associated Development Agreement, and Conditional Use Permit (CUP-08-O11) shall also be considered conditions of the Preliminary Plat (PP~08-UOb}. 1.2.2 Prior to issuance of any CZC andlor building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 1.2.3 "The landscape plan included in Exhibit A, prepared by The Land Group on 4118/08 (revised 4124108}, is approved with the following nlodificationslnotes: ~~~ ~ • The a licant shall construct a miltimum 25-foot wide street buffer along the entire ~.. k~ PP frontage of S. Eagle Road and E. Victory Road (both arterial streets}, exclusive of AC right-of-way required for the ultimate street section. Said buffer shall be designed and constructed in accordance with UDC 11-3B-7. Per UDC 11-3B-7.2b, street buffers shall be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association. ~ The applicant shall constrict a buffer adjacent to the existing residential uses to the east and south in accordance with the landscape plan attached in Exhibit A and the DA provisions and conditions of approval noted in this report. A reduct~'on in the required 25- foot wide buffer was approved in certain areas depicted on the landscape plan through ~4lternative Compliance with this applicarion. • Depict a minimum b-foot tall verb-crete wall along the south property boundary in the areas shown on the fencing plan attached in Exhibit A.S. In all other areas adjacent to residential uses, depict nuniinum b-foot tall solid vinyl fencing, • The applicant shall construct a minimum 5-foot wide detached sidewalk along both Eagle Road and Victory Road beyond the ultimate right-of-way of the reconstructed and widened EaglefVictory intersection. ,did cidewAlk ~hs~ egten acrosa,t6e ~1dri ~e nrnnprty ~inn~ Fg~le Road to F~I~Q~LD~,Ye sod-be lOCeted Wi in ~ public ,_ pedestrian easement. _______ • The Applicant shall contact Elroy Huff, Parks Department, for confirmation of the caliper inches of trees to be mitigated, and approval of the tree mitigation plan. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on implementing the protection and mitigation plan for the existing trees on site. Exhibit B -Page 14 .... (~ '~~A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC HEARING DATE OF AUGUS T 26, 2008 ', ~ ~~'~ ~ A written certificate of completion shall be r ared b t • pep y he landscape architect, designer ~~ , or qualiEed nurseryman responsible for the landsca a tan, All st ' p p andards of installation should a l a pp y s listed va UDC 11-3D-14. where the applicant has submitted a pre ' landscape Ian ~ and where staff h p as reviewed such 1 the landsca in sb 11 p ~ p g a be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes shall be shown on a revised landsca e p plan submitted with the final plat applications . } 1.2.4 All coramerci~al street buffers shall be on a common lot or on a ermanent dedicated p buffer , maintained b the roe y p p rty owner or business owners' association, per UDC 11-3B-7C2. 1.2.5 Perimeter fencing shall be installed prior to issuance of any buildin ermits on the site t ' g P o contain • debris during construction. Temporary construction fencing shall be installed where e p r~nanent fencing is not proposed. All fencin shall be insta S lied ua accordance with the standards listed in UDC 11-3A-7. 1.2.6 All existing buildings on the ~ site shall be removed, prior to signature of the final lat b ' p y the City ' En veer, 1.2.7 The applicant shall submit a Certificate of Zoning Compliance a lication with revised laps pp p fat compl with the conditions of a Y pproval listed herein, prior to issuance of building permits, 1.2.8 All required improvements must be complete prior to obtaining a Certificate of Occu anc f p Y or the pro used develo meet. A to p p inporary Certificate of t~ccupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cast of the required improvements (including paving, striping, landscaping, and irri ation . A bid must g } accompany any request for temporary occupancy. ~- 1.3 GENERAL REQUIREMENTS----PRELIMINARY PLAT 1.3.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance an d as Hated in this report, shall be submitted for the subdivision with the final plat a lication s . PP 1.3.2 Sidewalks shall be installed witfun the subdivision and on the perimeter of the subdivis' ion pursuant to UDC 11-3A-17. 1.3.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 38-11 and shall be fully vegetated with grass and trees, Sand, gravel or other non-ve etated surface materials shall not be used in o ens ace lots exce g p p pt as permitted under UDC 11-3B-11. If the storrnwater detention facility caru~aot be incorporated into the ap roved o en s ace ands ' meet the standards of UDC 11-3B- p p p ~ 11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the res onsibilit of the developer to co 1 with ACRD Cit of ' ' p Y ~ Y y Meridian ar~d all other regulatory requirements at the time of final construction. 1.3.4 Coordinate firre hydrant placement with the City of Meridian Public Works De artrn.ent, p 1.3.5 Underground, pressurized irrigation must be provided to all lots within thus develo meat. p 1.3.b Per UDC 11-3A-d, all irrigation ditches, laterals or canals, exclusive of an natural waterw (Ten Mile Creek) that inters cross or lie .. Y ays +~, within the area being subchvided shall be covered. This requirement doe not apply to the Ten Mile Creek which is classilxed as a natural waterwa and must be protected as stated in UDC 11-6A-11~. This r uir Y eq ernent shall not apply to the Beasley Lateral if the applicant improves it as a linear open space water ameni , tY ~, Exhibit B -Page 1 S r ~~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STApF REPORT FQR THE HEARING DATE OF AUGUST 26, 2048 1.3.7 Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. ,~.~. 1.3.8 Pre ' ' ary plat approval shall be subject to the expiration provisions set faith in UDC 11-6B-7. 1.4 SITE SPECIFIC REQUIltEMENTS -- CONDITIONAL ~1SE PERNIIT 1.4.1 All comments and conditions of the accompanying Annexation and Zoning (AZ-08-007) application and associated Development Agreement and Prelims Plat (PP-O8-006 shall also be considered conditions of the Conditional Use Permit (CUP-08-011 }. 1.4.2 The Applicant shall comply with the Specific Use Standards for drive~through establishments listed in UDC 11-4-3-11 as follows: a, All establishments providing drive-through service shall identify the stacking lane, speaker location, and window (pneumatic tube) location on the plans submitted with the Certificate of Zoning Compliance (CZC} application; b. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way bypatrons; c. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; d. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; e. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane; and, ,~. f `" ~ f. A letter from the Transportation Authority indicating the site plan is in compliance with ~~ {f ` the authority's standards and policies shall be required. 1.4.3 The hours of operation for the pharmacy drive-through shall be linuted to 6 am to 10 pm/7 days a week. 1.4.4 The applicant shall submit a Certificate of Zoning Compliance application for the proposed pharmacy drive~through with revised plans that comply with the conditions of approval listed herein, prior to commencement of the use. 1.4.5 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above (UDC 11-SB-6F). If the drive-through use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. Public wanks Depaent 2.1 Water service to this site is being proposed via extension of the 12 inch main located in E Victory Road. The applicant shall be responsible to install at the developer's expense two water connections one in E Victory Road and one in S Eagle Road due to ire flow requirements. The applicant will also be required to stub a future connection to 3300 E Falcon Drive. The applicant will be responsible to install water mains to and through this development, coordinate main size and routing with the Public Works department. 2.2 Sanitary sewer service to this development is being proposed via extension of mains in E Victory Road with service provided to 3250 E Victory 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 ~;. Exhibit B -Page 16 (; 1 ~.'. ~__. D1AN PLANNrNG DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF~ AUGUST 2b, 2008 CITY OF MERI ~- ~ ' ' ' cover over sewer mains is three feet, if cover from top of pipe to sub-grade is service. Minimum ee feet than alternate materials shall be used in conformance of City of Meridian less than thr ~~ Public Works Departments Standard Specifications. 2.3 ' t shall rovide a 20-foot easement for all public water/sewer mains outside of public The apphcan p right of way (include all water services and hydrants}. 2.4 licant has indicated the required pressurized irrigation system in this development will be The app therefore a letter of plan approval shall be submitted trict di i ri , s on t ted b an ir owned and opera y ga rior to scheduling of apre-construction meeting. If it is to be maintained as a private system, p laps and s ecifications will be reviewed by the Public Works Department as part of the p p ~~ ' of the o erations and maintenance manual will be • construction plan review. A draft copy' p re aired rior to ran approval with the "final draft" being required prior to final plat signature on q p P the last phase of this project. 5 2 The Ci of Meridian r uires that pressurized irrigation systems besupplied by ayear-round tY ~ . source of water C 11-3A-6). The applicant should be required to use any existung surface water for the source. If a surface source is not available, asingle-point connection to the p'y ulin waters stem shalt berequired. If asingle-point connection is utilized, the developer will c ary Y be res ansible for the payment of assessments for the common areas prior to signature on the p final plat by the City Engineer. 6 2 ' ' Works s ecifications do not allow any large landscaping within a five foot radius Meridian Public p . of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2 7 Additional width to the public utilities, drainage and irrigation easement along theright-of way . shall be dedicated where the sidewalk is located past the right-of-way. The additional width ~~ . needs to be sufficient to allow for 10 feet of easement past the sidewalk. ~ : ~~~~~~~ ~ 2,8 esti wells tem within this ro'ect shad be removed from domestic service per Any existing dam c ys p ~ 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 inay 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. 2,9 Per UDC 11-3A-b all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, crass ar lie within the area being developed shall be tiled. Plans will net to be approved by the appropriate inzgation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.10 Street signs are to be in place, water system shall be uastalled and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District , prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 114% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature an the final plat. 2.12 All development irnpravements, including but not lunited to sewer, fencing, nucro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2,13 r Applicant shall be required to pay Public Works development plan review, and construction ( ~.. inspection fees, as determined during the plan review process, prior to signature on the final plat. Exhibit B -Page 17 r!. r ~ ~~r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.1 S Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities ,Act requirements for unobstructed sidewalk access. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fitl material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3~feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of building pads are at least 1-foot above. 2.19 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets, Two-hundred and fly watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections andlor fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 4: t l-~l`; '``- 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 fine hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 14'. f. Fire hydrants shall be place 1$" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 1 SO' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius, The required ~g radius shall be maintained adjacent to the landscape islands off Taconic. 3.5 For all Fire Lanes provide signage "No Parking Fire Lane". 3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Exhibit B -Page 1$ G DATE OF AUGUST 26, 2008 EPARTMEN'I' STAFF REPORT FOR THE HH~N D CITY O F MERIDIAN PLANNING 3.1 ~ ~ • ei t of mature trees shall have a vertical • and structures including the canopy h gh Fare lanes, streets, f 13'b ~ clearance o . an all ent street signs and access roads with or penman orar 3.8 y 0 erational fire hydrants, temp ou t on site. p cued before combustible construction ~ br weather surface are req sto constnictton. • the International Building Code for one and two ry Building setbacks shall be per , 3.9 3.10 pal Fire • ' es will r wire a fire-flow Consistent with the Interr~atio Commercial and office occupants ~ laced er A pendix D hall be p p p t d s s ran ' e the ro sed praJect. Fsre hy Code to servic p Po the result of the lled as t i 3.11 , a ns is that an future signalization The fire department reques Y ~ nsors to ensure a safe and efficient t of this roject be eq>upped with Opticom Se ' to be men p elo tion is d ll p a ev service vehicles. This cost of this insta re once by fire and emergency medical sP borne by the developer, 3.12 ' oration of 5' from the building to the dumpster enclosure. Masntain a sep 3.13 Provide a Knox box entry system for the complex prior to occupancY• 14 3 ' ' of the Office Suite shall correspond to the floor level, The first digit . 15 3 shall ' 'n s sterns including exiting systems}, processes ~ storage practices All aspects of the builds g y ~ . . be aired to comply with the International Fire Code. 3.I b • ated on this ro' oct must be within 154' of a paved surface as All portions of the busldings lot P J measured around the perimeter of the building. 3.17 ess li tin as required by the International Building & Fire Codes. Provide exterior egr gh g 3.18 shall be a fire h drant within 100' of all fire department connections There Y °~ . >>~ 3.19 ~ . access roads in accordlance with The International Buildings over 30 in height are required to have Fire Code Appendix D Suction D105. 3.24 res nse mutes and fire lanes shall not be allowed to have speed bumps. Emergency po 3.21 USTRIAL -Buildings or facilities exc~~ding 30 feet ~9144mm} or three CONi~~IFRCIAL AND ~ for oath structure. Two of ans of foe apparatus access h ree me stories in height shall have at least t the be laced a distance apart. equal to not less than one half of the length of the access roads shall p ~ ~ a strai t Ilne. ' oral dimension of the property or area to be served, measur gh overall drag 3.22 ' ent strop recommends that the access points depicted on the plans closest to The Fire Departm ~Y rove the Fire ' a e intersection not be approved. If these access points are app d, the Victory/E gl ds that these accesses be restricted toright-inlright~out only as proposed. Department recommen 4. Police Department ' ent strop recommends that the access points depicted on the plans closest 4.1 The Police Departm ~Y ~ ved the Police to the VictorylEagle intersection not be approved, If these access paints are appro , ends that these accesses berestricted tonight-inlrig~it-out only as proposed. Department recomm 5. Parks Department De artment has no concerns with the site design as submitted with the application. 5,1 The Parks p 6. Sanitary Service Company - b, l No comments were submitted by SSC for this prof ect. ;- Exhibit B -Page 19 ~r ~.~ C ~' AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE GF AUGUST 2b, 2008 CITY OF MERIDI ~„ ;~; ~~ 7. Ada County ~ghway District ~.~ 7.1 Site Specific Conditions of ApprovaY ' ant is re aired to construct one of the following along Eagle Road abutting the site: 7.1.1 The applic q Construct a 5-foot detached concrete sidewalk, a minimum of 41-feet from the centerline a) of the roadway; Or b Provide the District with a road trust in the amount of $9,60 for construction of the sidewalk with the District's scheduled intersection project. The a licant is r aired to construct one of the following along Victory Road abutting the site: 7.1.2 pp e4 a Construct a 5-foot detached concrete sidewalk, a minimum of 41-feet from the centerline of the roadway; Qr b Provide the District with a road trust in the amount of $14,000 for construction of the sidewalk with the District s scheduled intersection prod ect Construct one of the following: • Construct one full access driveway on Eagle Road located a minimum of 315~feet from the near edge from the new curb line tmeasured near edge to near edge); AND • Construct one full access driveway on Victory Road located a minimum of 315-feet froth the near edge from the new curb line (measured near edge to near edge). pR .._.. • tract one ri t-inlri tout access driveway 224-feet from the north property line on Cons gk~ gh x~r~ .. Eagle Road; AND ,;; . -.. • Construct one right-in/rxght-out access driveway 215-feet from the west property line on Victory Road; AND • Install a 6-inch raised nnedian from the intersection back 50-feet beyond the driveways to restrict the turn movements. Coordinate the design and ultimate location of the raised median with District Development Review and Traffic Services staff. • Construct one full access driveway on Eagle Road located 427-feet from the northernmost property line (measured property line to near edge); AND • Construct ane fill access driveway an Victory Road located 25.5-feet from the easternmost property line (measured property line to near edge); AND Pave the driveways their full widths and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge, Commercial driveways are restricted to a width of 3b-feet. tither than the access specifically approved with this application, direct lot access is prohibited to Eagle Road and Victory Road. Comply with ail Standard Conditions of Approval. 7.2 Standard Co~aditlons of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 All utility relocation costs associated with improving street frontages abutting the site shall be t.: ( borne by the developer. Exhibit B -Page 2O r ~> TMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 CITY OF MERIDIAN PLANNING DEpAR }.~~ 7,2,3 curb tier and sidewalk and any that maybe damaged during the Replace any exrst1ng damaged ~ ~ ~ '~ at 38?-6280 (with file uction Serve t C ~, ~ ~" ~ __ r ons nstruction of the roposed development. Contact co p number) for details. ?.2.4 t less than five ears ald are not allowed unless approved in writing Ut~hty street cuts in pavemen ~ , , Y with file numbers) for t the District s ut,l~ty Coordinator at 387-6258 { t C ac on District, by the 7.2.5 details. ' ' n shall be in accordance with the Ada County Highway District Policy All design and construcho coon Services rocedures and all Constru p lements ved su d , , pp appro Manual, ISPWC Standards an ' Ordinances unless s ecifically waived herein. An engineer registered in the applicable ACHD p State of Idaho shall prepare and certify all improvement plans. b 2 7 ' hall submit revised laps for staff approval, prior to issuance of building permit The applicants p . . desi char es. (or other required permits}, which incorporates any required gn g ? 2 7 traction use and ro rtY development shall be in conformance with all applicable Cons p ~ . . re uirements of the Ada County Highway District prior to District approval for occupancy. q 7,2,8 t f a licable road ' act fees are required prior to building construction in accordance Paymen o pp ~ ~ 'strict Im act Pee Ordinance, hway Di p Hi Count Ad g y a with Ordinance #200, also known as 9 2 ? 's the re nsibilit of the a pliant to verify all existing utilities within the right-of-way. The It z spo Y p . . a licant at no cost to ACID shall repair existing utilities damaged by the applicant. The pp ~ all DIGLINE 1-800-342.15 $5} at least two full business days applicant shall be required to c riot to breakin ound within ~ACHD right-ofway. The applicant shall contact ACHD Traffic p g 8r ACRD conduits (spare or filled) are compromised. during the event an 6190 i 3 $? y n - erations 4P ~r any phase of construction. riti i 2.10 ~~ 7 ng n w No chan a in the terms and conditions of this approval shall be valid unless they are g . ,. and signed by the applicant or the applicant's authorized representative and an authori ' e Ada Count Hi wa ~ District. The burden shall be upon the applicant to representative of th y gh Y obtain written confirmation of any change from the Ada County Highway District. ?.2.11 Any change by the applicant in the planned use of the property which is the subject of this a lication, shalt require the applicant to comply with all rules, regulations, ordinances, plans, or pp other re story and legal restrictions in force at the time the applicant or its successors in interest ~ unless advises the Highway District of its intent to change the planned use of the subject property a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought, z Exhibit B - Page Z l .~ .:_ C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF AUGUST 26, 2008 rv~~ ` ~~ C. Annexation Legal Description & Bxhibit Map ~3 J tMd ].AND ~x~ut. INC. Mere 14, 2UIl8 iarojcct No. A71 b7 Annexation and Rezuno DV1G Real ~stalc Partral; 4.79 Aces L~xhibit "A" A tract of land for annexation anti rczune pu,lwacs situated in a portipn of the Northwest the Quarter of the l~arthwcst (~nc Quarter of Section x8, ~'owmship 3 North, Rsunge 1 East, 8aisc Meridian, Acts ~uunty, Idaho, described as follows: i3~ti1NNING al a found hras~ crap manumenting the Northwest Cumer of said 5+xtion 28 an the intzrse.~ction of the centerline of East Victory Road and the centerline of Sout1~ Eagle itoad; '1'he~e fallowing the northerly line of the horthwcst Gne Quarter of said Sec:ticn~ :~: 28 and the cetttetline of said Fast Victory Read, South 89°35'51" Fast s diataru:c of 530.{34 fc4•t to a point, which burs North 89°3S'Sl" West a distat~ of 2,127.tK Peet &arn a fa~nd brass cap nxmumcs-ting the North Ono Quarter Garner afraid Scxti~n 28~ Thence l ~~ ving said n+orthtrly lino and said centerline, South (1U°31'42" West a distance of ~t1+D.UU feat to a found 1 ~2-inch steel pin; ' 'bra South 1 Kp 19'SZ" WN~st ,~ distance of t 38.?Z foot to a act Sl8-inch stoat rin; TltenceNvrth BO°35'SI" West a distance of ~45.~7 foot to a act Si8•inc~h spec) pin; 'l`henc~ S~auth 06°2G't~" Weal a d3star~cc of 1 t}3.8.3 fvct to a sit S18•inch stc~l pin; Thence Note 89°31' 13' Wit a dists~ca of 9f1.p 1 fcc;t rU x set 518~irK;b sl~l pie; Thence Sr-uth OQa3 l'42" West $ distance of 73,7S feat to a s+:t Sl8-inch steel lain; Tlycnca North 89°3l' 13" West u distance of 92,85 fact to a act S/8•inoh st~l pin on dtc easterly ri8ht-of-way ling of said 5ouih EaBlc RaBd; Thence fallowing said ca~terly right-ofwaiy, South A0~28' 11" West a distaucx~ of 34.8b fs~t to a aet Sl8-inch stet! piA; Thenoc followutg said easterly right-of-way, North :#O~o3'4b" West a distanc~c of ~i1,5.3 fed to a sd 5!8-inch steel pug; Thence leaving said castet~v right•of-way ling, North 89°31'48" Wit a d;~tance of 33.00 feet to a point on the westerly line of said Section 28 and the centerline of said South Eag3e Read; Thcnee following said westerly unc anti said centerline, Nurch ()0°2K' 11 ^ East a distance of 518. l2 feet to the PRINT OF AR(iiNNING. 1 aiat~e .•ta~irxn • Swr ~ • C.r~r! F',~~+.r~ • r:~C~r~~ i~~~a ~ r~ • G+qM~ C.orrnrr,~a~r. 4GZ F. Six~c Unti~r, Ste io0, F.~e, tcl~ba a3btd • I' «l~,939.#04! F Z08.939.~5 • ~~ ~:1~D0>it)'t e7~ Aduun tE~b~IL_071 dT_t1~IJ14_I'1t~1/4„Antttx~n~tipc I~ ~ = t \ R Exhibit C -Page 1 C[TY 4F MERIDIAN PLA1MvING DEPARTMENT STAFF REPORT FOR THE HEARING QATE OF' AUGUST 2d, 2408 ~..~~ `.r 't HM I.ANO UfUlltp, IkC• Thy abaYG~cscribad trac# of land contains 4,~~1 arms, mare or las, subjoct to alb existing cas~maats and rights•af-way. This description is intended for annexation purpascs anl~~ ~ shall not be used ror tl~~ purpuse of convcya~~ce. ~{- _t' ~tY. >1~~ Pr~parcd B~: 'i'H~ LAWA GltUZ1P, tNC, 4~i2 L. S~~AE aR~VE, ~uITE !QQ El~~,~, Q)AHa 8:~6i6 ?DR•93~i~Oq 1 aU8.93~-~~aS tt:11X} ~~ ~~ ~~ ~~ ~~~ M ,_~p~~ W~P~~~cS L~ Anbr~,rer • Sea PIa'r~ • catrl~~ ~ Get wnN 1rr~ArR tti' ~,~re+nrrrw2 ~ t;,.~iw Ce~w-er~ia~ar 4G2 F. 51tr~te i:mn, Str 104. ~3~c, lds:~a 8616 ~ P 211a,9,19,4W 11' 1Q9~4~9 tNi ~ ~~ ~ ~+~t~er~~,~ G:12~.n ~U716~A~1ix~~ I ;,p7 i b7_4a031 ~ Y'~nt:llr _'1aurx~ct.cbc. I'._~ Exhibit C -Page 2 r C1TY {7F MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2b, 2008 ~:, ;t. ,_}~ ~~ ~ w ~ M• ~ ~ • ~ ~, N V7 ~ ~~ ~ : N89~3~'~ ~"w ~ • 94.Ot' ~ ' ~~ n-3a~a3'4-~»~ 29.53' v: . ' 89'31' 13'. 91.85 ~~'28'11 "W 3.86' • ,~HB9'31'48"w ~ 2~ 33. D4' ~~uNa s/aM -- STECI PI~1 ~~ 1 /16 CQRNf R kNG~NE~Al3URVEYQR r~ /~-•r, ~/ ~ , L.,awrw ~InM~K~w. r, , nrtt ,~wN.ry . M4 ^1M :c.~ ~ wN,ar. Nt L err 1k~ r ~ i~fA ;- i Situated in a parr~on of thQ Northwest 1 ~4 of the hiorthwest 114 of Section 28, Township 3 Nor#h, Ranee ~ East, B.M., Ada County, Idaho FOUND BRASS CAP NW Ct~h~R SEC~I~i ~8 C, P, ~. N o, 9400293 t ~. VICTORY RaAD N89.35'~1 "w ~~o.(~' FOUND BRASS CaP N 1 /~ CORNER S~C~ION Z8 PER CR~CF N o. 97003901 2t ~ LV r ~, •z~ ~ . . K~v~E ~ ~ a~ ~ S89'35'S1 "E ' 41 ~ ~ 2127.x5' ~aY . ~~ptAN ~Up~, M ' M ~QR~s~ Sl 1~82~31~5 CUitR~1~T x~ ~~T~~; ~~~r ~' ~- ~ ~ PR~~S.~D "CAI DI~'1txCT; C~ ~' . ,.. c~ °~ 4.79~AC. ~ ~ ~o ©~ ~~ ~!~' NB9'35'S1 "W 2~~ d~~ J~~o ti.~, ~~~I.~UEN F,AG1.~ ES~'A TES 1~~59 a ~~ ~~ b~ z.13~~ ~~ ~~ L~~er~d ...... ~OU~ aR~ss c~ ~ Four 3/e~ sT~~l Pw a 5~ t 5 f ~' S1~tl i~N~ ~ ~ou~ ~ ~~ sty P~ ® eA~-t~a Pays eaN3a~r ua~ --~ -- ~-~-,- --- SEC'tl0rt UHE S~-'31'~2"W 73.75' PROJECT MIFORAiATION $CM,E: '" • 100' EXHIBIT "Bp Parcel S 11282230y5 ppp~~T gyp, 07187 Annexation and Rezone ~ ~ F ~ Exhibit C -Page 3 (r l \~ \ OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE aF AUGUST 2b, 2008 CITY ,~> . D, R uired Findings from Unified Development Code 1. Annexation Findings: U n recommendation from the Commission, the Council shall make a full investigatioA im and shall, at the public hearing, review tLe application. ~Yn order #o grant an annexation andlor rezone, the Council shall make the following findings: A, The map amendment complies with the applicable provisions of the comprehessive plan; The applicant is proposing to zone ali the subject property C-C; the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Community. The City Council finds that the ro sed zoning map amendment complies with the applicable p ~ provisions of the comprehensive. Please see Comprehensive Plan Policies and Goals, Section 8, of the StaffReport for more information. B. The map amendment complies with the regulations outlined for tl~e proposed district, specifically the purpose statement; The City Council finds that future development of this property will comply with the purpose statement of the commercial districts and the established regulations of the C-C zoning district, except for a reduction in buffer width adjacent to the residential use along the southern property boundary. The applicant is requesting a reduced buffer width in certain areas through Alternative Compliance with this application. 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 provfding 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}. The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not requixe unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance witb the findings listed above, the City Council finds that Annexation and Zoning of this property to C-C would be in the best interest of the City if a Development Agreemep~t as required with the provisions noted in the star report Exhibit D -Page 1 ~. . ~~±:..: CITY OF MERIbYAN PLANNING DEPARTMENT STAFF REPORT FQR. THE HEA1tING DATE OF AUGUST 26, 2408 2. Preliminary Plat Findings: rip, ~~ In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-malting body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Cit Council finds that the proposed application is insubstantial compliance with the Y ado ted Co rehensive Plan. Please see Comprehensive Plan Policies and Goals, p ~ Section 8, and Analysis, Section 10 of the Staff Report. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Ci Council finds that public services are available to accommodate the proposed tY develo went. (See Exhibit B of the Staff Report for more details from public service p providers.} ~. The plat is in confortnanee 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, staff finds that the subdivision will not require the expenditure of capital improvement funds. 1~. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon cozn~ments from the public ,. service providers (i.e., police, fire, ACS, etc.) to determine this finding. (See fin uig Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in ~'k~=. Exhibit B for more detail.} E. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds that the proposed development will not be detrimental to the ubie health, safety or general welfare. ACED considers road safety issues in their P analysis. F, The development preserves significant natural, scenic ar historic features. The Ci Council finds that the proposed development will not result in the destruction, ~' loss or damage of any natural, scenic or historic feature(s) of mayor importance. ,~. / ":r ~~. ~.~~ ~~ D AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE 4F AUGUST 26, 2008 CITY OF MERI I ~~ ~ 3. Conditional Use Permit Findings: akin bod shall base its determination on the Conditional Use Permit The decision m g Y request upon the fallowing: That the site is la a enough to accommodate the proposed use and meet all the A. r$ d' ensional aid develo meat regulations in the district in which the use is located. im p The Ci Council finds that the existing site is large enough to accommodate the tY ro osed use and co ly with the dimensional and development regulations of the C-C p p ~ to residential uses. The a licant is zoning district, except for the requured buffer width Pp r uestin a royal of Alternative Compliance for a reduced buffer width in certain areas eq g PP alon the south property boundary. The City Council finds that if the applicant complies g with the conditions of approval in Exhibit ~ and the DA provisions listed in Section 10, development of this site should meet the intent of the UDC. ~. That the proposed use will be harmonious with the Meridian Comprehensive Plan and iu accord witlx the requirements of tbas Title. The City Council finds that the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Community. The property is proposed to be zoned C'C, which complies with this designation. The proposed use is generally harmonious with the requirements of the tJDC (See Sections 8 and 10 above for more information regarding the requirements for this use}. C. That the design, construction, operation a~ad maintenance will be compatible with ~._r~j; ~ other uses iu the general neighborhood and witL the existing or intended character ~= -~: of the general vicinity and that such use will not adversely change the essentia ~~,:.~ character of the same area. The City Council finds that, if the Applicant complies with the conditions and DA provisions outlined in this report, the operation of the proposed drive-through use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area, Further, the City Council believes that the proposed use will not adversely change the essential character of the area. D. That the propased use, if it comp>ies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. E. That the proposed use will be served adequately by essential public facilifies and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that the site will be adequately served by the previously mentioned public facilities and services. F. T4at the proposed use will not create excessive additional costs for public facilities and services and win not be detrimental to the economic welfare of the community. I#' approved, the Applicant will be financing any improvements required for development. The City Council finds there will not be excessive additional requirements at public cost :, and that the proposed use will not be detrimental to the community's economic welfare, ,~ ~: Exhibit D -Page 3 7 ! ~ 1 ~" CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEARING DATE 4F AUGUST 26, 2008 ~~ G. That the proposed use will not involve activities or rocesses ' ~~ ~ ~ p , materaaly, equipment `" _ and conditions of operation that wiU be detrimental to any persons ro or the ~ P pe~Y general welfare by reason of excessive production of traffic, noise, saaoke, fumes, glare, or odors. The City Council recognizes that traffic and noise is , a concern; however, the Ci Counctl does not believe that th ~ e amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the ublic as there are no nearby residents. The Ci Council d p ty oes not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. H. That the proposed use will not result in the destrur~ton, loss or dame a of a nature scent ar historic feature g 1' ~ considered to be of major importance. The City Council finds that there should not be any health, safet or environments Y 1 problems associated with the proposed use. The City Council finds that the ro osed use will not result in the destruction loss or d p p image of any natural, scenic, or historic feature of major importance. 4. Alternative Compliance Findings (UDC 11-SB-SE); A. Strict adherence or application of the requirements is not feasible Gft Staff finds that the subject property has space linutations due to its size and irre 1 shape, which makes strict adherence to the buffer re air ~ ~ q e~aents not feasible. Staff finds that the proposed alternative means of request for Alternative Compliance provided that a minimnm 6-moot tall ve ' ~~ ~~; rh-crete wail is constructed ~f~~ adjacent to aU areas with a decreased buffer width and minimum b-f • vinyl fencin is constricted i oat tall solid g n all other areas along with added landscaping along the entire boundary adjaceat to residential uses, This does, in fact reclude fu compliance with the Ci 's landsca ' ~ p 11 ty ptng standards. B. The alternative compliance provides an equal or superior means for m etin requirements; and e g the Staff finds the alternative compliance proposal to construct a verb-crete wall ' where the buffer is below the re aired 25•feet and b- ~n ~ q foot tall vinyl fencing in all other areas, and added landscaping along the entire perimeter adjacent to residential uses dies provide an alternative means for meeting the City's Iandsc a buffer r uireme Therefore, Staffs its the ro s ~ e9 nts. p po ed concept landscape plan, as depicted in Exhibit A. C. The alternative means will not be materially detrimmeotal to the ubli impair the intended uses a p c welfare ar nd character of the surrounding properties. Staff finds that the proposed alternative will not be detrimental to the ublic w impair the use/character of the surr p elfare or aunding properties. ~. ; Exhibit D -Page 4 1 9 4 1 1 1 1 t 1 ~t ~~~ • •i ~t i n ~: Ej .g X H _~ a ~, f~ ~ °~ ~ } °=~~ ~ ~~ ~~ 5 `~ ~~ ~~ ~+ r 7 t r ~- iti2~ r ~. - ~~~~e . ~~~ i ~~~~~ "~~ .~ ~a~j~~ aa~~B~ ~ag~g~ ~e~~~~ ~`~~ae ~~p~l~ Y C ~~~5~'~T~V'TS, ~N~. ~$~i N ~~ ~~ M ~~ ~~ ..__ .. m '~~~~~~~~~a~ ''to~~~~~~~~~~ ,~~Q@~R ~ ~~~~ ;@ x "r ~iC N _` a, r~ i'~~ ~~, ~ ~~ j ~I~I,Npp111QNfA~Af ~~ t~~~i ~ ~t •~~,~srr~~*'4~ /~~ M ~ it r r~Mr•. ~fR' ~ •.~Ms.. ~•w.~l 6 --»-+•--'~ ~ ~~ ~! t ~ ; ~ i Pi ~i i •~- r ~ ! ~ ~ t . ~ t ~ ~ M r » • n ~ I ~. ~ ~ ~ f M O ~ ~ .M, ~.,+N.~~.. ~ r ..:... d ~ ~ ~, a ~~ ~~ ~ ~ ~ , A .~ ~ ~ ~~ ~~ ~~ ' ._ A ~ ~ ,... ....p..,... .4. s ,. .w ., .~ ~ ~ , ~. .. M w ~~ ~~ ~. i~ ~~ ~ 7 r Y~Y`r/YY`w~'M~ ~ It { ! ~ f1 ~ g# 1 1 Q + ~ P V~ ~ V i f ~ ~ ~ ~ ~ , ~~ ~~ ~ • ~~ ~~ ~ ^ ^^ ~ ^ ~ f ., v ~' ~ ~~ ~>~ dr d R r ~~ ~ ~ ~ d ~ ~ ~ ~ ~ ~p~ ~ ~ ~ ~ ~~ ' ~ I~t~ MM~IIN ~ ~ IM~kIDiA~i CIVIL StJRV~Y CONSULTANTS, INC. ~ ~.. ~~ . ~! ~ `~ ~ ~-' ~" !1~ ~ ~Q~ ~tiTION t~ AxD WNO 6s1R1-sYi~3 ~~ ~~ ancc+ 1164 ~ a ~ ~ ~~~~~ ~ ~~ ~~~ 1, ~ ~~ ~R~ ~~ ~~~ p Y mp F ~K~ ~~~~~~a ~ ~°~~~ ~ ~. t~~a~' ,~ g~~~ '. ~ ~ a ~: ~~ .~a.~ aoo, ro ,ro~~ r ~~ry~'~ ~ ~ 11624 ~ ~ 0,~ ~ ~p4 ~' ~, tE~ OD ~• F' EXHIBIT G No, Item Item. Description Estimated Quantity Unit Unit Bid Price Bid Item Total 3d?.4.1.H.1. FULL WIDTH PAVEMENT SURFACE RESTaRATIC~N ?7~ SY $5.30 $1 ~,~31.8~ 1,4.1.A.1 C 40 12" PVC, AAA COO, DR18, 1NATE R MAI N ?~3 LF 3~.~0 ~ $27,13.80 1 501.4.1.B. 8" PVC, AST~I D3034, SANITAR'~ SEWER PIPE 2~5 LF ~4,g0 ~ ~' 345.50 $ 502.4.1.A.~ 48" STANDARD SE~'E R MANHt~LE, T~'PE A 1 EA $1500,x0 ~ 1, 500.00 SP•5A 24"1~ 318" THICK STEEL CASINO PER DETAILS SHEET 8 3o LF x.00 ~~5 ? ??0.00 ~ SP•5B ~ 8"~ 318" TI-IICK STEEL CASING PER C~ETAILS SHEET 8 3o LF 123,00 ~ $3~OO.0 Total Amount ?o $~?,1 ~0. ~~ :~ -~ N MN ---------r W /-- EOP EOP ~ % ~~~ CN0~0 N 0o I N J a N i m W 0 y u po ~ m yn ~ u p O ~ ~ A ~ ~ A D ~ _ ~' o a o ~ > ~ m ~ fq ~ ffRR ~ m x nm ~ yO O O O v my 2 l~1 ~1 ; f O A ~ ~ y~~ ~ ~ gm ~ ~ m ~ ~ ~ ~ ~ i ~ s > A m 0 f~ !I ?_ ~ 5 N O ~ F ~ ~ g o o n m > $ g A~~ g ~ ~ o p O T V V 2 m _ ? .ro A N In > "~ ' ^^' W ' p o pNp N O N Oo T W n n > y N N Q O S . 0 ,'~i ~ ~ Q ~ ~ ~ > ~ O F ~ ~ r^• W ~, ~ u N ~ Q D ~ ~ . ~• ^ ' W ~ ~ ~~>~ Q ~ ~ ~m f~ \1" a ==g~~ ~ m $ y( ~ QSp4 ~ ~m e m ~ m ~F 70 m ~ ~ ~ ~ ~ ~f w n ~ ~Q ~ ~ o $ gg ~ ~ ~ r0 ~ o O o rn ~ " 7 . _ $ mg Q„~ pp~ ~ . ~i c i < f!~ jmf~l~p ~~m~~n C1 v ZZ n f)= ~ NO < ~ N O E1 m ~ m ~ ~ y I _ v ~\~ ~i~ n O ~ ~ ~ ~ ~ m p ~ O. O O p m 0 ~ ~ ~ 7 rt 0 ~ / $ ~~ ~ ~ ~ -~i y Q ~ M a IV o ~ l /~^~ (~ u ~ ~ ~ N u o m ~ O p -i 7 E E N Nn C ~ ~ ~ A Y ~ y ~ ~, 0 ^^ ,, W K y N 7 a~ D \ ? ~ u n~ ~ u o 7 W {a O 7~ ^3 W ~ D m Z O IC 2 m ~ O _ foQ ~ ~ r z ? fD i~ ~ N f~ ~ N ~' u N . ~~ ~+~ ~ ~~~ ~~~ yc>iirti~~~ ~F u N .y ! m~ m ~p ~ ~QyN ~1~1~1 4~~Z~{~ Oz W ` RI o N y~ ~ L N 11 f!yJ p yy o$N A > N> .I ~ ~ C~In v~~ 'T~N>~ ~ I + ~ 77CC ~1 N m ~' z tiz o m m ~~ $ > g mZ ~ Sl2~ F ~~ ya =~"~~~~R ~i b 4~ ~ ~~ ~ ~~ ~m ~'aj~~~ ~ Z I I ~ r N~ z mz a' ~7 m~ ~ ~ 40 ~g~ n ~ ~ (~ W~ a ~ ~ j~ ~~ a~p~~~ m N L J ~ ~ ~ ~~ ®000 ~ ((~~ ~~// ~ Q > l.1A~~Af= N N Vl mC ,pyy ~i ~ E w C a rel. ~~ >1~1 1/~~20~~ m ~ ~ ~ 3 ~ A A $ ~ _ ~ ~~j~~~~m ~ a ~~ m ~ ' ~ ~g ~~ ~~~~`~~ ~ ~ ~ ~ ~ ~ ~ in ~~ A~~ 1~r5' ~ ~ O rti o2 ~ K Ski ^ ~ ~ ~ ~ ~ A 9~M Titls p~ ~ y ~;~ ~ ~,~ Conditional Use S.E.C. ~~ ~ ~s~~ ~~~~~~~ p ;~ Victory/Eagle W ,o I ~ ~ e~ ~ - Site Plan ~ $ ~ ~ ~ g ~ Meridian, Idaho ~~ i 4~ N ~ ~_~ ~I ~!g ~` ~I~ ~~ rte 9 '~J