Resolution Business Park RZ 00-0038 g
3
W
1
BLOCK 4
9 GALA ST.
-4 3
5 4
BLOCK 1
PROPOSED
RESOLUTION SUBDIVISION
MERIDIAN CITY
:MITS BOUNDARY
TISK ST
BRIGGS ENGINEERING, INC.
N
BRIGGS
INC
(208) 344-9700
1800 W. OVERLAND ROAD
BOISE, IDAHO 83705
1
1
BLOCK 3
PROPOSED
ICE RINK SITE
C -G
R-4 300 0 1 300 600 Feet
CONDITIONAL USE REQUEST
THE POND ICE RINK REVISION
RESOLUTION SUBDIVISION
PORTION OF THE NW 1/4 OF SECTION 20, T.3N., R. IE., B.M.,
MERIDIAN, ADA COUNTY, IDAHO SHEET 1 OF 1
DESIGN DRAFT SCALE DATEDWG. NO.
BKB 1" = 300' 01/27/00 0101 10101.APR
MERIDIAN CITY
LIMITS BOUNDARY
c
8
a
E PEACOCK ST
E PUFFIN CT
u
rA
T
E MASTIFF ST
C -G
— — — — — — — — — —r — — T — —
'--- �l
— �YIK LENE
PROPOSED
RESOLUTION SUBDIVISION
OR
E 9EAOLE ST
— — — — — — — — — — — —
uv 0 300 600 Feet
BRIGGS ENGINEERING, INC.
PROPOSED ANNEXATION & REZONE REVISION
BRIGGS RESOLUTION SUBDIVISION
PORTION OF THE NW 1/4 OF SECTION 20, T.3N., R. IE., B.M.,
(208) 344.8700 MERIDIAN, ADA COUNTY, IDAHO SHEET 1 of 1
1800W OVERLAND ROA
BOISE, IDAHO 83705D DESIGN DRAFT SCALEDATE
BKB 1" =300' 02/01/00 DWG. N0.
0101 10101.APR
0
n
AN POIN SUBDIVI ION m
m
'_ �_�' — iIJVC SEC LN`(/N�-/N •• ..a,..� i
R 77rrr l7 RTTTTTr'ra I E(/IURE Flf#/T-Q�-Wi1 Y //NF h)
s,
Aml
I 1 1=
to �
j
MENEEEEEEI
RESOLUTION a.••.or.�urre
SUBDIVISION s s s
Q PREIJMINARY LITE PIAN — 311E -A' �� iln.os s/Kmn
• � ,.........1.»0,..0,.,,,
0 a -
F F q
if If 11 Al All
=a a
s
EXJ�
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho at the hour of 6:30 p.m. on March 22, 2000 for the purpose of
reviewing and considering the application of G.L. Voigt Development/Overland, LLC for
preliminary plat of 107.06 acres, LO and CG zoning for proposed Resolution Business
Park which is generally located south of Overland and east of Locust Grove.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 1St day of March 2000.
WILLIAM G. BE=RG, JR., MTYCLERK
OF
PUBLISH March 10 and 17, 2000. � syc� '
3- 71] _
�: T J1
M , I
88g—elq-33
** TX CONFIR"-TON REPORT **
DATE TIME TO/FROM
05 03/02 09:57 208 377 6309
AS OF MAR 02 �'-) 09: 58 PAGE. 01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
EC --S 01'12" 005 019 OK
,' g,t� a god
l
L?3B-qq33 �_
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho at the hour of 6:30 p.m. on March 22, 2000 for the purpose of
reviewing and considering the application of G.L. Voigt Development/Overland, LLC for
annexation and zoning of 16.119 acres from R -T to CG for proposed Resolution
Business Park which is generally located south of Overland and east of Locust Grove.
Furthermore, the application requests a rezone of 37.64 acres from R-4 to LO
and a conditional use permit for commercial development consisting of multi -family,
office and seminary.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 1St day of March 2000.
WILLIAM G. BERG, JR , CI CLERK
\````,X;j1It1 FIJI////
OF RFS%.,���
0
G GO1;l°O''9T
PUBLISH March 10 and 17, 2000.
-AL =
C T 1 s -T
HUB OF TREASURE VALLEY
MAYOR
LEGAL DEPARTMENT
Robert D. Corrie
A Good Place to Live
(208) 288-2499 • Fax 288-2501
CITY OF MERIDIAN
PUBLIC WORKS
CITY COUNCIL MEMBERS
33 EAST IDAHO
BUILDING DEPARTMENT
Ron Anderson
(208) 887-2211 •Fax 887-1297
Keith Bird
MERIDIAN, IDAHO 83642
Tammy deWeerd
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
City Clerk Office Fax (208) 888-4218
DEPARTMENT
Cherie McCandless
(208) 884-5533 • Fax 888-6854
TRANSMITTAL
TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: March 13, 2000
TRANSMITTAL DATE: February 25, 2000 HEARING DATE: March 22, 2000
FILE NUMBER: RZ-00-003
REQUEST: REZONE OF 37.64 ACRES FROM R-4 TO LO FOR PROPOSED
RESOLUTION BUSINESS PARK
BY: G.L. VOIGT DEVELOPMENT/OVERLAND LLC
LOCATION OF PROPERTY OR PROJECT: LOCUST GROVE AND OVERLAND
ROADS—(SEE LEGAL DESCRIPTION ENCLOSED)
SALLY NORTON, P/Z
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
_RICHARD HATCHER, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
_KEITH BIRD, C/C
_TAMMY de WEERD, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
SANITARY SERVICE
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM & FINAL)
YOUR CONCISE REMARKS:
T
n CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 8364--
Phone:
364rPhone: (208) 888-4433
Fax: (208) 887-4813 i
101"
APPLICATION FOR ANNEXATION AND ZONING OR REZONE
.t - 00-0o3
PROPOSED NAME OF SUBDIVISION: Resolution Business Park
GENERAL LOCATION: NW `/a Section 20, T. 3N., R. I
TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Commercial
ACRES OF LAND IN PROPOSED REZONE: 37.64 Acres
PRESENT LAND USE: Agricultural
PROPOSED LAND USE: Planned Commercial Development
PRESENT ZONING DISTRICT: R-4 (Low Density Residential)
PROPOSED ZONING DISTRICT: L -O (Limited Office)
APPLICANT: G. L. Voigt Development PHONE: 524-6000
ADDRESS: P. O. Box 2044, Idaho Falls, Idaho 83403
ENGINEER, SURVEYOR, OR PLANNER: Briggs Engineering, Inc. PHONE: 344-9700
ADDRESS: 1800 W. Overland Road, Boise, Idaho 83705
OWNER(S) OF RECORD: G. L. Voigt Development PHONE: 524-6000
ADDRESS: P. O. Box 2044, Idaho Falls, Idaho 83.403
Signature plicant
0101 \annex-rezone-mer.app
G. L. VOIGT DEVELOPMENT
(REZONE)
1. G. L. Voigt Development, P. O. Box 2044, Idaho Falls, Idaho 83403 (Phone: 524-
6000).
2. G. L. Voigt Development, P. O. Box 2044, Idaho Falls, Idaho 83403 (Phone: 524-
6000).
3. Notarized request attached.
4. Legal description attached.
5. Present Land Use: Agricultural and (1) single family dwelling (to be removed).
6. A Planned Commercial Development consisting of office, retail, LDS Seminary, 200
unit apartment complex and an Ice Hockey facility.
7. Existing Zoning: R4 (Low Density Residential).
8. Proposed Zoning: LO (Limited Office).
9. The parcel is currently zoned R-4 Single Family Residential. However,
development in the area has been commercial/industrial in nature. The
developments include Cesco Equipment Company, a contractor's yard, and the
proposed Freightliner facility. The uses directly across from the subject property
are not conducive to single family residential.
The Meridian School District has purchased approximately 55 acres south of the
subject property. The School District stated the north portion of the Voigt
property should not be developed as single family project. Due to the high
volumes of traffic and noise generated by a High School, single family
neighborhoods are not compatible.
Considering the existing and future development factors, it is reasonable to
change the zoning designation of this property. Good planning techniques utilize
transitional uses which buffer less intensive activities..
The applicant, Gary Voigt, is currently working on a sewer line extension across
the interstate to provide service to this area, which includes the school site. The
applicant is also cooperating with City of Meridian to coordinate a water line
extension across the interstate at the same time. This coordination will save the
City money and provide additional water service to the St. Luke's facility.
10. The parcel is a portion of a planned development. The development will provide a
neighborhood commercial center which will provide necessary goods and services
for the surrounding subdivisions. Anticipated uses include: apartment complex,
retail uses, office and ice rink.
0101\Voigt. rezone
11. The parcel is designated Mixed Planned Use Development. Existing uses to the
north include: RV Park, Equipment Dealer, Contractor's yard and (future)
Freightliner Sales and Service Center. The proposed rezone to L -O will be
compatible with the uses to the north. The proposed uses will be able to coexist
with the proposed High School. Meridian School District intends to request a bond
issue in the fall of 2000 for the new high school. The change in zoning designation
is a logical request. The change would allow uses compatible with the proposed
High School and the industrial/commercial uses to the north. This request will not
cause any hazard nuisance or injury to adjoining parcels.
12. 1" = 100 map attached.
13. 1" = 300 map (30 copies) attached.
14. List of property owners attached.
15. Fee attached. ($1,006.12)
16. Affidavit of Posting attached.
17. Affidavit of Accuracy attached.
0101\Voigt. rezone
Jan -03_00-04:36P VOIGT OAVIS REALTORS 208 529-0882 1 - � P.02
•+ a•.,wo r-"*J1r`CGK1NU, trf.. — I208345'950 P.02
STATE OF
COUNTY OF
That i
AFFIDAVIT OF LEGAL INTEREST
ss
4 va�
(na e)
It'l • M 013 being first duty swom upon
(state) oath, depose and say:
the record owner and/or representative of the property described on the attached,
I grant my permission to
T310 "
submit the accompanying application pertaining to that property.
this _ day of 1.-. acv
(S ��)
SUBSCRIBED AND SWORN to before me the day and year first above written.
a 'G\A A. o Nix es
.• i Ali Notary Public f Idah
�pTA.9 1. Residing at
s%IAi!B My Commission Expires:
lk4rt OF1
TOTAL P.02
JAN -03-2000 16 00 208 529 0882 98% P.02
rEB. -11' 00(THU) 15:34. KINKO' S TEL:2083362531
FEB -14-2000 16:53 �3RIGGS ENGINEERING. INC.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA } ss
I
9 - Cax
Name
12083452950 P.02
0 ow
�u.�� I o'p AddrP
eb Oc'-p 1 ;-1790 93'7L!7 being first duly sworn upon
(cam) (state] oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to
�Pe
y .!
(address) %
to submit the accompanying application pertaining to that property.
P. 003
2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from
any claim or liability resulting from any dispute as to the statements contained herein
or as to the ownership of the property which is the subject of the application.
Dated this -J-1-L day of
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
No ary Public_for Idaho
Residing at -7-7-\
My Commission Expires.-
5
xpires:
s
FEB -17-2000 14:53 2083362537 92%
TOTAL P.AP
P.03
FEB,-11'00(THU) 15:34 KINKO'S TEL:2083362531
FEB -14-2000 16:S3 BRIGGS ENGINEERING. INC. � .,1jyVI�093452950
STATE OF IDAHO }
ss
COUNTY OF ADA )
I, l�yberr_r
Name
AFFIDAVIT OF LEGAL INTEREST
R . 13ass
Z Z�S N • fgiSC,
e f 0 0
P. 002
P.02
P'A'S � X16S 3713 , being first duly sworn upon
(City) (state) oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to
.
(na e) (address)
to submit the accompanying application pertaining to that property.
2. (agree to indemnify, defend and hold the City of Meridian and it's employees harmless from
any claim or liability resulting from any dispute as to the statements contained herein
or as to the ownership of the property which is the subject of the application.
Dated this �` day of - LD"L�'
I --ure)
SUBSCRIBED ANO SWORN to before me the day and year first above written,
Lry Public for Idaho
Residing at
My Commission Expires:
7410101-
5
TOTAL P.02
FEB -17-2000 14:521 2053362537 92% P.02
DESCRIPTION FOR
REZONE OF VOIGT PORTION OF
RESOLUTION SUBDIVISION
January 6, 2000
A parcel of land including a portion of Overland Road right-of-way lying in the NW 1/4 of
Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the North 1/4 corner of Section 20, T. 3N., R. 1E., B. M., the REAL POINT
OF BEGINNING of this description;
Thence S 00024'16" W 849.15 feet along the east line of the NW 1/4 to a point;
Thence N 89052'19" W 1,821.54 feet parallel with the north line of the NW 1/4 to a point
on the centerline of the Hunter Lateral;
Thence N 05029'17" W 20.43 feet along said centerline to a point,-
Thence
oint;Thence N 16014'08" W 216.98 feet along said centerline to a point;
Thence N 18027'39" W 470.81 feet along said centerline to a point;
Thence N 07006'04" W 175.77 feet along said centerline to a point on the centerline of
Overland Road, which is also the north line of said NW 1/4;
Thence S 89052'19" E 2,060.97 feet along said north line to the REAL POINT OF
BEGINNING of this description;
Said parcel of land contains 38.018 acres more or less.
Michael E. Marks, PLS - No. 4998
0101\Rezone legal.des
13Y ROVA _
FEB 0 9 2000
i'""AN PO RIX WORKS i.,
X72 t 77-/7'1 950911 �
n!.'r.
',� N,,,, .O;DER
Bois- ID
WARRANTY DEED FIRST AMERICAN TITLE CO.
'95 Jflil 6 F'i'1 `i 5a
For Value Received FEE/
f{ECORDED ,i -i::'..
OF
N.L. Patel M.D., Inc., Profit Sharing and Pension Plan,as to a 50% mterest; Sanjay Ray M.D., Inc,, Money
Purchase Plan Trust, as to a 30% interest and Ravinder N. Gupta, M.D., Inc., Profit Sharing Plan and Trust,
as to a 20% interest
hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey uutclb� 500141'7
Gary L. Voigt, a single person, and R. Craig Groves, a married man as his sole and separate property
hereinafter referred to as Grantee, whose current address is
1965 E. Overland Road, Boise, ID
the following described premises, to -wit:
See Exhibit "A" attached hereto and made a part hereof.
To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantec, his heirs
and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is
the owner in fee simple of said premises; that said premises are free from all encumbrances except current
years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and
casements visible upon the premises, and that Grantor will,, rrant and defend the same from all claims
whatsoever.
a:
Dated: December 30, 1994.
N.L. Patel M.D., Inc., Profit Sharing and
Pension Plan
BY: 0-'tvv41,-1't-"- L�('�I'l
N. L. Patel, Trustee
Sanjay Ray M.D., Inc., :coney Purchase
Plan Trust
Sanjay Ray, Trustee by Naran Bhai L.
Patel, his attorney in fact
Ravinder N. Gupta, M.D., Inc., Profit
Sharing Plan and Trust
BY: (fia,ViffiI"diL`�iC 0 (a I I i
Ravinder. N. Gupta, Trustee by Naran Mini
Patel, his attorney in fact
First American Title Company of Idaho
EXHIBIT "A"
Part of the Northwest quarter of Section 20, Township 3 North„
Range 1 East, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Beginning at the quarter section corner between Sections 17 and 20,
Township 3 North, Range 1 East, Boise Meridian; thence
South 0014' East ?.,645.6 feet to the center of said Section 20;
thence
South 8901.8' West 944.0 feet to the center of a lateral; thence
traversing along the center of said lateral
North 3903-3' West 232.0 feet to a point; thence
North 12044' West 626.0 feet to a point; thence
North 54038' West 570.0 feet to a point; thence
North 14006' West 202.0 feet to a point; thence
North 21036' West 48.0 feet to a point; thence
North 11050' West 150.0 feet to a point; thence
North 8016' West 150.0 feet to a point; thence
North 5006' West 150.0 feet to a point; thence
North 13002' West 150.0 feet to a point; thence
North 19055' West 450.0 feet to a point; thence
North 16024' West 122.0 feet to a point; thence
North 80481 West 150.0 feet to a point on the North boundary of
said Section 20; thence
North 139031' East 2,062.0 feet to the'REAL POINT OF BEGINNING.
AFFIDAVIT OF ACCURACY
STATE OF IDAHO )
COUNTY OF ADA )
I, Beck Bowcutt Briggs Engineering, Inc., 1800 W. Overland Road
(name) (address)
Boise Idaho being first duly sworn upon
(city) (state) oath, depose and say:
That I prepared the attached applications and the information contained is true and correct.
(Preliminary Plat, Annexation, Re -zone, Conditional Use and Planned Unit Development)
Dated this day of �1�- �' 2000
4&1
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
�OTAg}, s
AUBLIc
J�► .....
4�
0 10 1 \affid-accuracy
of ry Public for Idaho
Residing at 23_QL,�
My Commission Expires: '7-.Z3 -, &p,6
AFFIDAVIT OF POSTING
STATE OF IDAHO )
ss
COUNTY OF ADA )
I, Donna Wilson Briggs Engineering, Inc. 1800 W. Overland Rd.
(name) (address)
Boise ID , being first duly sworn upon
(city) (state) oath, depose and say:
I will personally post the subject property with the hearing notice sign one week prior to the public
hearing for the (annexation, rezone, conditional use, and preliminary plat of Resolution
Subdivision).
Dated this z�1 day of
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
0101\affid-posting
--Notary Puc or Idaho
Residing ,: Lb I� .
My Commission Expires:
�EZ0N6 — 3UL/ r O�✓.�/i37L L-1 ST
PARCEL PRIMOWNER
51117346610 PECK CURTIS D & KIM L
1 S1117438620 VAN AUKER RONALD W
3 51117346600 HOWELL WILLARD & ANGELA
y R7100270100 CONTRACTORS EQUIP SUPLY CO INC
g R7100270200 JE DOUBLE D LLC
co R7100270300 PLAYGROUND INC
S1117346660 HOWELL WILLARD & ANGELA
S 51120212410 VOIGT GARY L AND GROVES C R & R L AND BASS ROBERT & DANA
5 S1120121000 KENAI PARTNERS LLC
io S1120223302 OVERLAND 16 LLC
P S1120223301 CHURCH OF JESUS CHRIST LDS
12 S1120244300 JOINT SCHOOL DIST #2
ADDCONCAT
6149 N MEEKER PL STE 250
3084 E LANARK
PO BOX 848
2000 E OVERLAND
4601 N FIVE MILE
4098 N JULLION WAY
PO BOX 848
1908 JENNIE LEE DR
6223 N DISCOVERY WAY
6223 N DISCOVERY WAY
50 E NORTH FLOOR 22ND
911 N MERIDIAN RD
STATCONCAT
BOISE, ID 83713-1568
MERIDIAN, ID 83642-0000
EAGLE, ID 83616-0000
MERIDIAN, ID 83642-0000
BOISE, ID 83713-0000
BOISE, ID 83704-2763
EAGLE, ID 83616-0000
IDAHO FALLS, ID 83404-6159
BOISE, ID 83713-0000
BOISE, ID 83713-0000
SALT LAKE CITY, UT 84150-0002
MERIDIAN, ID 83642-2241
I
O
—co
-' D
z o
3
N
U^
z
IAA
C
s3
Q
�• ._a�q
a
J
j
�.
a
�
�
tr
w
*c
to
"
N
A
Q
_
D
D
X
O
0
r
P
0
o=o
O
O
N
C
N Q.
w w° O
'11
m ID
a m
os
Cm
o < M
N) v_
Z
FIL E 2 y
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 37.64 ACRES
FOR PROPOSED RESOLUTION
BUSINESS PARK LOCATED AT
THE SOUTHEAST CORNER OF
OVERLAND ROAD AND S.
LOCUST GROVE ROAD,
MERIDIAN, IDAHO
G.L. VOIGT DEVELOPMENT,
Applicant.
Case No: RZ-00-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of 37.64 acres
having come on for public hearing on June 6, 2000, at the hour of 7:30 o'clock p.m.,
and Council having received the report of Shari Stiles, Planning and Zoning
Administrator, and appearing and testifying on behalf of the Applicant was Becky
Bowcutt of Briggs Engineering, Inc., and those appearing with comments or concerns
were: Marion Burtell, Ted Sutherland, Bruce Waite, Dave Sheppard, John Shipley,
Lacey White, Norma Gale, and Michelle Barron, and the Council having received the
record of this matter made before the Planning and Zoning Commission, and having
received their Recommendation to the City Council, and the City Council having
duly considered the evidence and the record in this matter therefore makes the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 1
following Findings of Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for
June 6, 2000, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within three
hundred feet (300') of the external boundaries of the property under consideration
more than fifteen (15) days prior to said hearing and with the notice of public
hearing having been posted upon the property under consideration more than one
week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the June 6, 2000, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code H 67-6509 and 67-6511, and Meridian City
Code H 11-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Meridian City Code Title 11 and Title 12,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 2
and all current zoning maps thereof, and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and
maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 37.64 acres in size. The property
is generally located at the southeast corner of Overland Road and S. Locust Grove
Road, in Meridian, and is described as follows:
A parcel of land including a portion of Overland Road right-of-way lying in the NW
1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the North 1/4 corner of Section 20, T., 3N., R. 1E., B.M., the REAL
POINT OF. BEGINNING of this description;
Thence S 00'24'16" W 849.15 feet along the east line of the NW 1/4 to a point;
Thence N 89052'19" W 1,821.54 feet parallel with the north line of the NW 1/4 to a
point on the centerline of the Hunter Lateral;
Thence N 05'29'17" W 20.43 feet along said centerline to a point;
Thence N 16'14'08" W 216.98 feet along said centerline to a point;
Thence N 18027'39" W 470.81 feet along said centerline to a point;
Thence N 07006'04" W 175.77 feet along said centerline to a point on the centerline
of Overland. Road, which is also the north line of said NW 1/4;
Thence S 89052'19" E 2,060.97 feet along said north line to the REAL POINT OF -
BEGINNING of this description;
Said parcel of land contains 38.018 acres more or less.
5. The owner of record of the subject property is G.L. Voigt, of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT/ (RZ-00-003) - 3
Idaho Falls, Idaho.
6. The Applicant is owner of record.
7. The property is presently zoned as R-4, and is agricultural land.
8. The Applicant requests the property be rezoned to Limited (L -O).
9• The proposed site is surrounded by an RV Park (C -G) to the
north, an LDS church and a subdivision (R-1 and R-4) to the south, a residential
subdivision (R-4) and (R -T) to the west and vacant land (R -T) to the east.
10. The subject property is within city limits of the City of Meridian.
11. The entire parcel of the property is included within the Meridian
Urban Service Planning Area as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the
following manner: planned commercial development.
13. The Applicant's requested rezoning of the subject real property as
L -O is consistent with the commercial designation on the Meridian Comprehensive
Plan Generalized Land Use Map which designates the subject property as Mixed
Planned Unit Development.
14. There are no significant or scenic features of major importance
that affect the consideration of this application.
15. The subject application for rezone and the proposed development
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT/ (RZ-00-003) - 4
relates and is compatible to the goals and policies of the Comprehensive Plan of the
City as follows:
The goals and policies listed below most directly apply to the proposed
project:
Goals Section
Goal 3: To encourage the kind of economic growth and development which supplies
employment and economic self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's ability to finance and
implement public improvements, services, and its open space character.
Goal 4: To provide housing opportunities for all economic groups within the
community.
Goal 8: To establish compatible and efficient use of land through the use of
innovative and functional site design.
Economic Development Chapter
1.1 The City of Meridian shall make every effort to create a positive
atmosphere that encourages... commercial enterprises to locate in
Meridian.
1.3 The character, site improvements and type of new commercial or
industrial developments should be harmonized with the natural
environment and respect the unique needs and features of each area.
Land Use Chapter
1.4U — Encourage new development which reinforces the City's present development
pattern of higher -density development within the Old Town area and lower -density
development in outlying areas.
1.8U — Promote the development of high-quality and environmentally compatible
residential areas that contain the necessary parks, schools and commercial facilities to
maintain and form identifiable neighborhoods.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT/ (RZ-00-003) - 5
2.1 U — Support a variety of residential categories for the purpose of providing the
City with a range of affordable housing opportunities.
2.2U — Support strategies for the development of neighborhood parks within all
residential areas.
2.3U — Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
4.8U — Encourage commercial uses, offices, and medical -care uses to located in the
Old Town district, business parks, shopping centers and near high-intensity activity
areas, such as freeway interchanges.
6.8U — New urban density subdivisions which abut or are proximal to existing rural
residential land uses shall provide screening and transitional densities with larger,
more comparable lot sizes to buffer the interface between the urban level densities
and rural residential densities.
Transportation Chapter
1.4U - Monitor and coordinate the compatibility of the land use and transportation
system.
1.20U - Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
Open Spaces, Parks and Recreation
2.5U - New subdivision development... will be considered as opportunities to. ,
encourage the development of recreational open spaces and parks as part of new
planned developments.
Housing Chapter
1.1 - The City of Meridian intends to provide for a wide diversity of housing types...
in a variety of locations suitable for residential development.
1.4 - The development of housing for all income groups close to employment and
shopping centers should be encouraged.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 6
1.6 - Housing proposals shall be phased with transportation, open space and public
service and facility plans, which will maximize benefits to the residents, minimize
conflicts and provide a tie-in between new residential areas and service needs.
1.19 - High-density development, where possible, should be located near open space
corridors or other permanent major open space and park facilities, and near major
access thoroughfares.
Community Design Chapter
5.2 — Ensure that all new development enhances rather than detracts from the visual
quality of its surroundings, especially in areas of prominent visibility.
6.5U — Establish land -use designations that reflect the character of existing
neighborhoods.
6.11 U — Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
16. In review of the application for rezone it is provided at Meridian
City Code § 11-15-11 for the General Standards that the Commission and Council
review this proposed zoning amendment and pursuant to the criteria of said section
finds that:
16.1 The new zoning will be harmonious with and in accordance with
the Comprehensive Plan;
16.2 The area included in the zoning amendment is not intended to be
rezoned in the future;
16.3 The proposed use will be designed, constructed, operated and ---
maintained
_maintained to be harmonious and appropriate in appearance with
the existing or intended character of the general vicinity and that
such use will not change the essential character of the same area,
subject to the conditions of the conditional use process;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 7
16.4 The proposed use will not be hazardous or disturbing to existing
or future neighboring uses, subject to the conditions of the
conditional use process;
16.5 The area will be served adequately by essential public facilities
and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, sewer or that the
person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such
services;
16.6 The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
16.7 The use will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or
odors;
16.8 The area will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
16.9 The use will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
16.10 The proposed zoning will be in the best interest of the City of
Meridian.
16.2 Staff conditions provide as follows:
16.2.1 Any existing irrigation/drainage ditches crossing the property to
be included in this project shall be tiled per City Ordinance. The
ditches to be piped shall be shown on the site plans. Plans shall
be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT/ (RZ-00-003) - 8
16.2.2Any existing domestic wells and/or septic systems within this
project shall have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
16.2.3 Off-street parking shall be provided in accordance with City of
Meridian Zoning and Development Ordinance and/or as detailed
in site-specific. requirements.
16.2.4 Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
16.2.5A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
for all off-street parking areas. All site drainage shall be contained
and disposed of on-site.
16.2.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section.
16.2.7A11 signage shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs will be
permitted.
16.2.8 Provide five -foot -wide sidewalks in accordance with City
Ordinance.
16.2.9A11 construction shall conform to the requirements of the
Americans with Disabilities Act.
16.2. 10 A Development Agreement shall be required.
16.2. 11 Applicant shall provide an internal vehicular access connection
through the apartment complex to Locust Grove Road.
17. The legal description of the property that is the subject of this
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT/ (RZ-00-003) - 9
application for re -zone is as follows:
A parcel of land including a portion of Overland Road right-of-way lying in the NW
1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the North 1/4 corner of Section 20, T., 3N., R. 1E., B.M., the REAL
POINT OF BEGINNING of this description;
Thence S 00°24'16" W 849.15 feet along the east line of the NW 1/4 to a point;
Thence N 89°52'19" W 1,821.54 feet parallel with the north line of the NW 1/4 to a
point on the centerline of the Hunter Lateral;
Thence N 05029'17" W 20.43 feet along said centerline to a point;
Thence N 1;6° 14'08" W 216.98 feet along said centerline to a point;
Thence N 18°27'39" W 470.81 feet along said centerline to a point;
Thence N 07006'04" W 175.77 feet along said centerline to a point on the centerline
of Overland Road, which is also the north line of said NW 1/4;
Thence S 89°52'19" E 2,060.97 feet along said north line to the REAL POINT OF
BEGINNING of this description;
Said parcel of land contains 38.018 acres more or less.
CONCLUSIONS OF LAW
1. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT/ (RZ-00-003) - 10
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67,
Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
3. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
The goals and policies listed below most directly apply to the proposed project:
Goals Section
Goal 3: To encourage the kind of economic growth and development which supplies
employment and economic self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's ability to finance and
implement public improvements, services, and its open space character.
Goal 4: To provide housing opportunities for all economic groups within the
community.
Goal 8: To establish compatible and efficient use of land through the use of
innovative and functional site design.
Economic Development Chapter
1.1 The City of Meridian shall make every effort to create a positive atmosphere
that encourages... commercial enterprises to locate in Meridian.
1.3 The character, site improvements and type of new commercial or industrial
developments should be harmonized with the natural environment and respect
the unique needs and features of each area.
Land Use Chapter
1 AU — Encourage new development which reinforces the City's present development
pattern of higher -density development within the Old Town area and lower -density
development in outlying areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 11
1.8U — Promote the development of high-quality and environmentally compatible
residential areas that contain the necessary parks, schools and commercial facilities to
maintain and form identifiable neighborhoods.
2.1U — Support a variety of residential categories for the purpose of providing the
City with a range of affordable housing opportunities.
2.2U — Support strategies for the development of neighborhood parks within all
residential areas.
2.3U — Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
4.8U — Encourage commercial uses, offices, and medical -care uses to located in the
Old Town district, business parks, shopping centers and near high-intensity activity
areas, such as freeway interchanges.
6.8U — New urban density subdivisions which abut or are proximal to existing rural
residential land uses shall provide screening and transitional densities with larger,
more comparable lot sizes to buffer the interface between the urban level densities
and rural residential densities.
Transportation Chapter
1.4U - Monitor and coordinate the compatibility of the land use and transportation
system.
1.20U - Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
Open Spaces. Parks and Recreation
2.5U - New subdivision development... will be considered as opportunities to...
encourage the development of recreational open spaces and parks as part of new
planned developments.
Housing Chapter
1.1 - The City of Meridian intends to provide for a wide diversity of housing types...
in a variety of locations suitable for residential development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 12
1.4 - The development of housing for all income groups close to employment and
shopping centers should be encouraged.
1.6 - Housing proposals shall be phased with transportation, open space and public
service and facility plans, which will maximize benefits to the residents, minimize
conflicts and provide a tie-in between new residential areas and service needs.
1.19 - High-density development, where possible, should be located near open space
corridors or other permanent major open space and park facilities, and near major
access thoroughfares.
Community Design Chapter
5.2 — Ensure that all new development enhances rather than detracts from the visual
quality of its surroundings, especially in areas of prominent visibility.
6.5U — Establish land -use designations that reflect the character of existing
neighborhoods.
6.11 U — Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
4. The requested zoning of Limited Office District, (L -O) is defined in the
Zoning Ordinance at 11-7-2 G as follows:
LL -O) Limited Office District: The purpose of the L -O District is to permit
the establishment of groupings of professional, research, executive,
administrative, accounting, clerical, stenographic, public service and similar
uses. Research uses shall not involve heavy testing operations of any kind or
product manufacturing of such a nature to create noise, vibration or emissions
of a nature offensive to the overall purpose of this District. The L -O District is
designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in this District.
5. . Idaho Code § 67-6511 provides and requires that the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 13
shall establish by ordinance one or more zones or zoning districts in accordance with
the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
6. Idaho Code § 67-6511A provides:
Each governing board may, by ordinance adopted or amended in accordance
with the notice and hearing provisions provided under section 67-6509, Idaho
Code, require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject
parcel. The governing board shall adopt ordinance provisions governing the
creation, form, recording, modification, enforcement and termination of
conditional commitments.
7. The City of Meridian by the adoption of Meridian City Code §
11-15-12 has exercised its authority to require or permit as a condition of rezoning
that an owner or developer make a written commitment concerning the use or
development of the subject property.
8. § 11-6-1 ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are hereby
adopted as part of this Ordinance. Where uncertainty exists with respect to
the boundaries of any of the zoning districts as shown on the Official Zoning
Map, the following shall apply:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 14
8.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines,
streams, lakes or other bodies of water, the centerline shall be construed
to be such boundary;
8.2 Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines shall be construed to be said
boundaries;
8.3 Where district boundaries are so indicated that they are approximately
parallel to the centerlines or street lines of streets, or the centerlines or
right-of-way lines of highways, such district boundaries shall be
construed as being parallel thereto and at such distance therefrom as
indicated on the Official Zoning Map. If no distance is given, such
dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
8.4 Where the boundary of a district follows a railroad line, such boundary
shall be deemed to be located in the middle of the main tracks of said
railroad line.
9. § 11-15-11 of the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of the following
standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment:
9.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
9.2 The area is not intended to be rezoned in the future.
9.3 The area is intended to be developed in the fashion that is allowed
under the new zoning.
9.4 There has been no change in the area or adjacent areas which would
dictate the area should be rezoned.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3 7.64 ACRES FROM R-4 TO L -O
BY: G.L-VOIGT DEVELOPMENT / (RZ-00-003) - 15
9.5 The proposed uses will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
9.6 ' The proposed uses will not be hazardous or disturbing to existing or
future neighboring uses;
9.7 The area will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible
for the establishment of proposed zoning amendment shall be able to
provide adequately any of such services;
9.8 The use will not create excessive additional requirements at public cost
for public facilities and services and will not be detrimental to the
economic welfare of the community;
9.9 . The proposed uses will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
9.10 The area will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrou d'
public streets;
n ing
9.11 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
9.12 The proposed zoning amendment is in the best interest of the City of
Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 16
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN
ADOPTED, the City Council does hereby Order and this does Order:
The Applicant's request for rezone of approximately 37.64 acres
for construction and development of a planned commercial development is granted,
subject to the terms and conditions of this Order hereinafter stated; and
2. The following special terms and conditions of use and
development relate to this application to -wit:
2.1 Any existing irrigation/drainage ditches crossing the property to
be included in this project shall be tiled per City Ordinance. The
ditches to be piped shall be shown on the site plans. Plans shall
be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
2.2 Any existing domestic wells and/or septic systems within this
project shall have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
2.3 Off-street parking shall be provided in accordance with City of
Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
2.4 Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 17
2.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
for all off-street parking areas. All site drainage shall be contained
and disposed of on-site.
2.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section.
2.7 All signage shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs will be
permitted.
2.8 Provide five -foot -wide sidewalks in accordance with City
Ordinance.
2.9 All construction shall conform to the requirements of the
Americans with Disabilities Act.
2.10 A Development Agreement shall be required.
2.11 Applicant shall provide an internal vehicular access connection
through the apartment complex to Locust Grove Road.
3. The City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the re -designation of the zoning for the
real property which is the subject of the application to (L -O) Limited Office District
(Meridian City Code § 11-7-2 G) which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in
Section 2 of this Order, the engineering staff of the Public Works Department shall
prepare the appropriate mapping changes of the official Zoning Maps as provided in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT/ (RZ-00-003) - 18
Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the rezoning
ordinance.
NOTICE OF FINAL ACTION
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 rezoning may, within twenty-eight (28) days after the date of this
decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on 2A�'�'
ine
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCIL PERSON TAMMY deWEERD
COUNCIL PERSON CHERIE McCANDLESS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 19
VOTED �
VOTED_,
VOTED
VOTED 2r —
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: z L
MOTION:
APPROVED4&E�E�---. •
VOTED
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Dated:
y
City Clerk
6-
,�'�ttsla+itpnegrjr��jl+i
ww��� OF f1'9f
�Q �0vx
w
1TT
msg/ZAWork\NWeridian 15360M\Resolution Business Park AZ RZ CUP PP\FfsClsOrderREZ ���►��F�., ,z t�e�N�
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L -O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 20
CITY CLERK FILE CHECKLIST
Project Name: gvS. File No. l� Z &G— U 03
Contact Name: &L 4�,c-i Phone: E-1 - 3 9 D �f
Date Received from Planning and Zoning Department:
Planning and Zoning Level:
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
Hearing Date:
and
❑ Planning and Zoning Commission Recommendation: L J Approve LJ ueny
Notes:
City Council Level:
121, Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
City Council Action:
Hearing Date: Jafv, �, d 000
and
Approve ❑ Deny
LLJ Findings / Conclusions / Order received from attorney on:
Findings / Conclusions / Order:Resolutions:
Approved by Council:
J tcnt 2-2-1)% d (i
0"k
Copy Res / Copy Cert: City Clerk
Copies Disbursed:
�i
� �
City Engineer
City Planner
Eel
Findings Recorded
n G
City Attorney
sterling Codifiers
Project File
Development Agreement:
Copy Res/Original Cert:
Sent for signatures:
&LrLv- Z_ L Q U
Ada County (CPAs)
Applicant (non -CPAs)
Recorded Ordinances:
Original:
❑
Signed by all parties:
Minutabo°k
Copies to: City Clerk
Approved by Council:
State Tax Comm.
sterling Codifiers
F—]City
Recorded:
Attorney
City Engineer
❑
Copies Disbursed:
City Planner
Project file
Applicant (if appl.)
Ordinance No. Resolution No.
Findings/Orders:
F-1Project
Approved by Council:
Original: Minutebook
c°p'i't"`
Project file
F-1City
Recorded: Deadline: 10 days
Engineer
City Planner
❑
Published in newspaper:
City Attomey
"Record Vacation Findings "
❑
Copies Disbursed:
Recorded DevelopmentAgraements:
Onginal:Fireproof File
Notes:
Copies to:Applicant
Project file
City Engineer
City Planner
City Attorney
June 15, 2000
MERIDIAN CITY COUNCIL MEETING June 20, 2000
Gw1I11111
APPLICANT City of Meridian ITEM NO. 1
REQUEST Ordinance - Rezone of 76.24 acres from I -L to R-4 for all phases of
Crossroads Subdivision - 1/4 mile south of Fairview Avenue on the east side of Eagle
Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
See attached Ordinance
Materials presented at public meetings shall become property of the City of Meridian.
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho at the hour of 6:30 p.m. on March 22, 2000 for the purpose of
reviewing and considering the application of Pat McKeegan (Lee Smith Ice Arena) for a
conditional use permit for an ice arena consisting of office, pro shop, fitness center,
restaurant, locker room and equipment storage generally located south of Overland and
east of Locust Grove Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 1St day of March, 2000.
WILLIAM G. BERG, JR., CITY CLERK
\`` Aj11risrtn:/��f
IF M
G� GO POIR-1
PUBLISH March 10 and 17, 2000.
SEAL
June 2, 2000
RZ 00-003
MERIDIAN CITY COUNCIL MEETING June 6, 2000
APPLICANT G.L. Voigt / Overland, LLC ITEM NO.
REQUEST Rezone of 37.64 acres from an R-4 to an L -O zone for proposed Resolution
Business Park - south of Overland Road and east of Locust Grove Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
See attached PZ minutes
See attached memo
See attached recommendations
Materials presented at public meetings shall become property of the City of Meridian.
-I-
200
200 E. Canton Ave., Ste, 201
Madden, ID 83642
Phone: (208)884,55M
Fax (208)88848'54
To: Becky BOAcw
Fmc 376-8713
Fr;mx Sonya Day
Datec 5/15100
RECEIVED
'�A,�'� 1 " �rcp'
CITY OF MERIDIAN
CITY CLERK OFFICE
Phonac plea: 2 (Inducing cover)
R4m Resduban Bus. Park CC: Willi Geo 8g$• qZ) $
❑ Urgent 0 For Review ❑ Pls4 a ConmeM ❑ Please Re0y ❑ Plewa Recycle
•Gonrtrwrrla
MAY 15 '00 16:52 2088886854 PAGE.01
Memo
To: Becky Bowcutt
CITY OF MERIDIAN
CITY CLERK OFFICE
Frorm Brad Hawkins -Clark
CC: Shari Stiles, Will Berg, Bruce Freckleton
Date: 05/15/00
Re: Fire Department Approval of Gates in Resolution Business Park (File No. PP -00-06)
Becky,
As you know, on 5/9/00 the P8Z Commission recommended approval to City Council of the
Resolution Business Park applications. All six applications are scheduled for hearing at the
June 6, 2000 Council meeting.
One of the pending items that the Commission included in their motion was to install an
"operable gate" in the new road between Site A and B with the cooperation of the Fire
Department in order to prevent students crossing over to Locust Grove. The size, enact
placement, and type of construction all need to be finalized. Please work with Kenny Bowers,
Fire Chief, on this and obtain written approval from Kenny prior to the meeting.
Also, prior to the June 6"' meeting, please submit a revised copy of the plat showing the new
vehicular cross access between Site A and B, the preferred emergency access point (three
options were discussed by PSZ), and other revisions as required in the Staff report. If
Possible, it would also be helpful to have details from ACRD on what warrants would be
required in order to justify the new Locust/Overland signal.
Thanks,
Brad
• Page 1
MAY 15 '00 16:52 2088886854 PPGE.02
MERIDIAN PLANNING AND ZONING COMMISSION MEETING --MAY 9, 2000
The regular scheduled meeting of the Meridian Planning and Zoning Commission was
call to order at 7:00 p.m. by Chairman Keith Borup.
MEMBERS PRESENT: Keith Borup, Sally Norton, Kent Brown, Tom Barbeiro, Richard
Hatcher.
OTHERS PRESENT: David Swartley, Bruce Freckleton, Brad Hawkins Clark, Will Berg.
Borup: We'd like to call to order our meeting this evening. This is a regular scheduled
meeting for Planning and Zoning Commission. I'd like to go through attendance of the
Commissioner's. First item on the agenda is the Consent Agenda. I would entertain a
motion for approval of the Consent Agenda.
Brown: Mr. Chairman I would move approval of the Consent Agenda, Items A,B and C,
minutes from the March 22"d, April 3`d and April 11th meetings.
Hatcher: I second the motion.
Borup: All in favor.
MOTION CARRIED: ALL AYES
Brown: I would like to be excused for the first 7 items.
Borup: Okay. Have fun. Item number 1 and 2 were tabled. I believe we tabled those
items wanting to finalize Items 3 through 6. Would we like to skip to Items 3 through 6
and come back or would the Commissioner's like to open and vote on 1 and 2 right now.
3. CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT OF
17 LOTS ON 107.06 ACRES IN PROPOSED L -O AND C -G ZONES FOR
PROPOSED RESOLUTION BUSINESS PARK BY G.L. VOIGT
DEVELOPMENT/OVERLAND, LLC—OVERLAND AND LOCUST GROVE
ROADS:
Borup: Does staff have any additional comments to make on this. It was continued for
the ACHD report. We had the draft report a while back. We have the final report now.
Is the applicant here and like to come forward. Do any of the Commissioner's have
anything additional they'd like to ask the applicant, other than the ACHD report.
Bowcutt: These items were deferred because we were awaiting Ada County Highway
District Staff Report as you recall at our public hearing a month or so ago. We had not
even received a draft. The staff, I think they went through about 3 versions of the draft
and it did go to the highway district Commissioner's last Wednesday at their noon
meeting for discussion. To bring you up to date the Commissioner's did recommend
Meridian Planning an'oning Commission
May 9, 2000
Page 2
approval of all the projects involved. They instructed their staff to get with us and the
City of Meridian and the school district and see what can be done to exhilarate the
upgrade of Overland Road between Locust Grove and Eagle Road. At this point of
time, it is on their 2004 plan. They realize that they could have an operational high
school as early as 2002. That did concern them. They have also required multiple
improvements of my client, which includes constructing a 3�d lane from the east end of
our property up to the intersection of Locust Grove and then south on Locust Grove to
our southerly boundary. On of the comments that was made by the Commission, that
type of improvement can run anywhere from $125 to $175 thousand dollars. If we go in
and we construct that 3rd lane and then they come in 6, 12, 18 months later and tear it
all out to build their five lane, it makes more sense that we exhilarate the 5 lane and put
those monies to use building or helping to construct the 5 lane. Therefore, it would save
some public funds. The things that I want to bring to your attention that they placed
upon this project, they have asked us to contribute 25% of a signal at the intersection of
Locust Grove and Overland. The intersection operates at a level of service A at this
time, however, the left hand turn lane operates at a level of service F. According to
ACHD's traffic counts the counts at this time do not warrant signalization. In the future
they realize they will need a signal there. They understand that the retail that we
propose at that corner is down the road is not one of the first 3 or 4 phases that is going
to be further down the road then that. Probably co-insiding with some type of a Locust
Grove overpass. They accept the fact that a light is necessary, but state they will
construct that light when it is warranted. Secondly, they have asked us to contribute
$112,500 which would be 75% of the light at our new Millenium Way Overland
intersection which is the collector roadway for the high school. That 75% does include
the high school or the school district share. My conversations with the school district,
they have indicated that they will pay whatever proportionate share the highway district
deems is attributed to their traffic volume. There is approximately 5000 trips a day
through Millenium Way. Of those 5,000, 3,000 will be from going to and from the high
school site. They've asked us to contribute $52,800 dollars to a trust fund for sidewalk
along Overland Road. We asked them to allow us to construct the sidewalk versus trust
funding for it. The policy of the City of Meridian is they would like to see those
sidewalks go in as soon as possible. Their concern was if we placed the sidewalk in at
the edge of the new right of way that it could be torn out when the road is rebuilt. Our
suggestion was we'll take the sidewalk and meander within our 30 foot landscaped
area. Therefore, we will be outside the right of way and would not require any
modification. The Commission seemed to believe that's a viable option. They asked
staff to get with us and discuss it. We will be building decel lanes at the intersection.
They ok'ed all of our approaches on Overland Road. They asked us to upgrade our
collector. We shoed a 41 foot collector roadway section for Millenium Way. They
indicated they'd like that to be 46 foot section. My client agreed to that. They asked us
to provide adequate stacking room for any of the approaches as they intercept with
Millenium Way. The only major revision was on Locust Grove. We have this approach
right here. They have asked us to move this to offset it from this roadway here to
Meridian Planning an ".`'oning Commission
May 9, 2000
Page 3
increase that distance of offset. We will shift this building this direction and then shift
this to the south and then put parking in there. Our offsets from all of the major
intersections for the signal will be installed in the future are acceptable. This was the
only thing of significance. This is a multi phased project and the highway district
commission liked this—the idea of a long term project. The first phase will be the ice
hockey facility. The second phase would consist of 140 units of the total 200
apartments, 2001. The seminary will go in whatever time the high school goes in. All of
this is down the road. Your staff placed a limitation on the conditional use permit for the
apartments -40 units in the first phase. I brought that up with Ada County Highway
District and they said that doesn't make any sense. That is one of the lowest traffic
generators on the site. Also, you can't afford to pay all of these trust funds and make
all the improvements if you can't begin the projects. 40 units is not acceptable. My
clients indicate they can not function with 40 units. Ada County Highway District did
look at impact fees generated by this project. The school district is exempt from impact
fees but all of the uses on the property would be subject. The multi family project would
pay $160,000 in impact fees. The retail space would generate over one million dollars.
That brings you up to date.
Barbeiro: Becky is Millenium Drive to be placed as part of the first phase.
Bowcutt: Yes sir. The first phase we are constructing all of the public roadway
systems. We'll built Millenium Way and put all the sewer, water, 3 phase power and
then build this public street here, the rotary and this public street here. We have all
ready designed all of those roadways.
Barbeiro: Can you remind me of what kind of meetings you've had with the school
district in regards to Millenium Drive, the students that will use that and the roadway
being the primary road for all of the construction at the high school.
Bowcutt: They will be coming up and down that roadway. It will have to be there before
they can pull their permit. The highway district has indicated they want to focus all of
the high school traffic where that signal is going to be constructed.
Barbeiro: As I recall, the conditional use permit for the high school won't be available
until the signal is operational.
Bowcutt: According to your planning staff the high school does not require a conditional
use permit in their R-4 zone. They will just be submitting for building permit. That is
why the highway district imposed the 75% of that light—the $112,000 because they
would not see that school application come through. All of my users will be conditional
use applications. That was the other thing that they liked.
Norton: According to the Ada County Highway District we received the draft report and
then the final report sometime today. The difference between the two is that instead of
Meridian Planning an'"-'^`oning Commission
May 9, 2000
Page 4
paying the $52,000 for the sidewalk on Overland, you will put in the sidewalk in your
landscape area. Is that correct?
Bowcutt: That's what we requested.
Norton: You started to talk about not doing the center lane improvement on Overland in
order for Overland to be widened to 5 lanes earlier. Would you go through what you
said on that.
Bowcutt: In the staff report approved by the Commission it mandates that we construct
a 3`d center turn lane for the entire length of our property. It would be from our
perimeter to the intersection and then down to our southern boundary here. Three
lane on Overland and Locust Grove.
Norton: How close is your far east property to Eagle Road?
Bowcutt: This is one half mile. In our staff report we are required to construct that. The
issue we brought up with the commission is we would like to see the improvements
accelerated. We don't want to see the third lane wasted. The elevations will all change.
Norton: Did you get any idea how far up the priority list it was going to be moved?
Bowcutt: The staff and I had at least four discussions. They indicated that their
superiors would not make a decision. We would have to take our plea to the
commission and that is what we did. They instructed their staff, you need to figure out a
solution and now. With that school coming in 2002, 1 would anticipate them trying to
accelerate it two years—If I had to guess.
Norton: Are you under the understanding that that road will be five lanes by the time
school goes in 2002.
Bowcutt: That is what I hope and I think the commission wants their staff to figure out
how to do that.
Borup: At this point, something could be worked out that's the way to go. If it can't be
worked out then the 3 lanes are going in.
Bowcutt: We will end up building the third lane. Those requirements are set down.
I did forget to mention, they are going to add additional turn lanes at the Eagle Road
Overland intersection and that work should begin in a few months and they indicated
they are going to get started on the Meridian. Road Overland intersection for that
improvement.
Borup: Before we proceed I'd like a show of hands how many people are here to testify
on this application. We have received public testimony over the last three months so
Meridian Planning an'' 'oning Commission
May 9, 2000
Page 5
what we'd be open for is anything pertaining to the ACHD report we will be glad to take
any testimony on.
Bertell: Steve Bertell. I live at 2535 S. Velvet Falls Way. Mr. chairman and members of
the commission, at this time I would like to present to the board a total of 725 signatures
from residents from all the impacted Subdivisions, all respectfully asking the
commission to at least delay the approval of this development until such a time as
Overland and Locust Grove Roads are widened. Those who have signed the petitions
are frustrated over having to drive in all ready heavily trafficked roadway on a daily
basis. We agree with the ACHD impact analysis statement that the findings of the
development would only intensify the all ready major traffic problems in this area. In
fact, I parked at the intersection of Overland and Locust Grove the afternoon of March
23rd from 3 PM until 6 PM and I counted 3137 vehicles using that intersection, either
crossing or turning from one street to another. This coincides with the ACHD report
findings of approximately 11,422 vehicles using Overland Road on a daily basis. This is
existing traffic. Also, during that 3 hour period, I witnessed one rear ender accident, one
near accident and my wife and I came upon another accident on Overland Road on
April 10th at 5:50 PM. The traffic on these roads will easily double if not triple as a result
of this development. The Ada County Highway District has no plans to widen Overland
until 2004 since it is in their 5 year plan. No plans to widen Locust Grove south of
Overland until sometime outside the 2005 year plan. No plans to install a traffic light
there until it is warranted. I don't know what the definition of warranted is. The
developer stated they wanted to start the major ice hockey and sports arena this year
pending bond approval. The high school could open as early as fall 2002. Don't
misunderstand us. We are not opposed to this development, but what we are saying is
that we are requesting that Overland and Locust Grove be widened to accommodate
the dramatic traffic increase that this proposal would create. If there is a traffic mishap
on the freeway, Overland Road immediately backs up. If emergency vehicle needed to
get to one of our Subdivisions, it would be difficult at best for that vehicle to get through.
Let's not make Overland and Locust Grove roads another fiasco like the Curtis Road
extension was. At least consider the opinions of the 725 residents as well as all of us
who live in the 6 impacted Subdivisions.
Borup: You feel that the road would be improved on a faster time frame without the
million dollars that this project would contribute toward the roads.
Bertell: I am a lay man and don't know where the money would come from. We are
concerned about—
Borup: We are lay men too (Inaudible) and it is not going to come from anywhere other
than this type of thing. So, the fastest way to get Overland approved, is to get the
money. Since this has been carrying on for several months, we had quite a number of
staff recommendations on this project. Do we need a refresher on that. We know
staffs recommendation is. I am thinking I mean the applicant either agrees with them or
—she mentioned one in her report, so I think I'd like to get Becky back up. You had
Meridian Planning an,``?oning Commission
May 9, 2000
Page 6
mentioned one item as far as staff recommendation on number of apartment units.
We've got your response to all of staff comments. That was the only one that stuck out.
Were there any others? That was under the CUP, Item number 2 on your response.
Bowcutt: The annexation and zoning application, we were in agreement. preliminary
plat, I highlighted item 8. The applicant intends to provide landscape easements along
Locust Grove and Overland Roads. An association will be formed to govern perimeter
landscaping. We ask that that be an easement. I believe that staff had a discussion
about it being a separate lot.
Borup: Staff's concern was who will maintain it.
Bowcutt: At a minimum the landscape buffer shall be placed within a permanent
landscape easement designated such on the plat. We would like that to be designated
as an easement on the plat and provide an association for maintenance. Item 8,
preliminary plat requirements. Item 10, we agreed to pipe the Hunter Lateral as
requested by staff. We ask that we be allowed to provide a western fence along the
western side of the apartments. Staff made a statement they prefer that it be unfenced
if we pipe the lateral. Clarification on Item 13. We have a little access road. It was not
intended to be a private drive. It is an access way providing joint access to those
buildings. We just want to clarify that our intention was not to construct curb gutter or
sidewalk there because it is an alley access. Under the PUD, I highlighted Item 4. We
did not provide any RV storage, parking areas for the multi family. Those uses will be
prohibited. Only personal cars will be allowed. We do not propose a maintenance
building at this site. All maintenance will be contracted out with a maintenance
company. We disagreed on Item 7 concerning the parking requirements. Staff asked
for 2.3 spaces per dwelling unit. The ordinance mandates 2. 1 know of no multi family
application where staff imposed 2.3. 1 went to another complex that has garages called
the Renascence next to Chinden and Eagle Road. We did that civil engineering for that
site. That one has garages and I noticed that people who have two cars but have a
single garage, their spouse parked in front of the garage. I think what staffs intention
for additional parking was for guests or something like that. Our contention is, it is not
necessary with our type of design we have more than what we would ever need in
parking. For the Ice Rink, I think there was a difference of eight spaces. Mr. McKeegan
got up to discuss that stating that we have substantial amount of overflow parking to the
north and there will be very few events where you would find that all parking spaces
would be completely utilized. His contention was that adequate parking was provided.
Obviously we were opposed to the limitation—it was the limitation of 30 units in the first
phase of the apartments. We had asked for the first phase to consist of 140. For the
record and for those people in the audience that were not here at the last hearing, we
are asking for conceptual approval of this planned unit development, but we are only
asking for site specific approval for the ice arena and the 200 unit apartments. All the
other users with the exception of the high school will have to come back before the
Planning and Zoning Commission and the City Council. All surrounding properties
within 300 feet will be notified. Legal notice will be put in the paper. Each user will have
Meridian Planning am oning Commission
May 9, 2000
Page 7
to come back before this body and go through this process again. That is one factor
that should be taken into consideration as far as what improvements are done out on
these roadway systems when the timing of these lights and so forth. If a user comes in
say a year and a half from now, and he will generate a substantial amount of traffic, at
that point of time if those improvements aren't out there to support that development, I
would anticipate commission having a difficult time of proving it. We've got to start
somewhere and we've got to get that collector roadway and this other network of
roadways and utilities to provide access to the high school. The only way we can afford
to do it is to take these first couple phases and move forward.
Borup: Thank you. Any questions from the commission?
Barbeiro: We can ask staff questions as a whole or individually. The one that catches
my eye right now is the storage areas because that is a city ordinance. Other then that,
if you wanted to go down the line with some of the things that Becky disagreed with.
Hawkins Clark: Commissioner Barbeiro, members of the Commission the ordinance
requirement for storage areas has typically been something that if the developer makes
a commitment we have waived at this level. It is not necessarily required a variance. It
really particularly when garages are provided. It is something we look favorable at.
Borup: At this particular site there is a proposed mini storage unit down the street.
Barbeiro: How about the maintenance building.
Hawkins Clark: I think when the covenants, correct me Becky if they are not, but
typically we —they are going to contract out. That is not ordinance required. I think it is
a recommendation. We are fine with that. On the parking issue mainly we were
pointing out that the fact that on Valeri Heights no tandem parking was allowed. If your
going to allow it here, we just mainly wanted to raise the attention. We certainly aren't
looking for more asphalt. I think we concur with the 460 number for required parking.
The cross access issue was important. Obviously we'd ask for a revised preliminary
plat that shows that, that shows the new Locust Grove Driveways to be submitted for
the City Council—prior to the City Council so we can review the revised preliminary plat
that reflects these changes.
Barbeiro: Becky, in our last meeting, you did tell us that you were going to have a cross
access over the Hunter Lateral, is that correct.
Bowcutt: Yes, I think our sketched out we were going to make an inter connection
between those two buildings and just north of the daycare facility into that little rotary.
We make on making that revision and getting that to staff prior to the City Council.
Meridian Planning ar"_"woning Commission
May 9, 2000
Page 8
Barbeiro: Brad the recommendation regarding landscape buffers. 25 versus 30 and
staff would prefer to have a separate lot where the developer would prefer to have an
easement. Comment on that please.
Hawkins Clark: This issue comes up frequently. It is mainly our concern is the
consistency of appearance for principle arterials like what Overland is going to be. I
think in this case with the easement going to be maintained the full buffer distance by a
single entity, that's fine. Our main issue is when you have single, multiple single lots
that all have a easement, each of them can take care of that landscape however they
want.
Barbeiro: Becky, the property will remain under one ownership, is that correct.
Bowcutt: No sir. When you plat it then it would be eligible to sell off the lots to separate
owners. What we propose to do is place landscape easements on the plat and then we
will have to have covenants, obviously governing the uses on these lots and so forth.
On these covenants it would stipulate like lot owner dues. They would not be
homeowners association dues, but lot owner dues which would provide for the
maintenance of all of the landscaping. It is all maintained the same. We are going to
provide a landscape plan so all of it would be the same. You would not end up with a
hodge podge. That is not our intention.
Barbeiro: Your new plan will account for 7 handicapped spots at the arena.
Bowcutt: Yes sir. Mr. McKeegan when on the record last time that they would add
those.
Barbeiro: Brad, when we talked about the 30 dwelling units for the apartments, Becky's
note was that ACHD thought that the apartments would be one of the lower traffic count
generators. Can you comment on that.
Hawkins Clark: It was a bad day. Staff has re -thought that. Those are national
transportation engineer figures that seem to have been accounted for. This is the only –
there are only two projects that are coming in right now and certainly when you look at
traffic generation you can't really take into account projects that aren't before this
commission. Your really only have two projects that are before you and to put some
controls on—your certainly not going to put a control on the ice arena. They are going
to have events and that will draw—I think the apartment complexes—we did talk about if
they are doing the 140 previously they had outlined a phase one which was more or
less the northwest portion of their site B there and it didn't provide for any vehicular
access out of that phase one out onto Millenium Way. Every one of those 140 was
funneling out through the driveway onto Overland at the west end and not Millenium
Way which is the collector. I think we would point out that we would like to see some
kind of vehicular access in phase one over to Millenium Way.
Meridian Planning an'-I`oning Commission
May 9, 2000
Page 9
Bowcutt: I think the applicant indicated at the last hearing he would be willing to revise
what they had proposed as their first 140 units because you felt or this commission felt it
was critical that they intersect with Millenium Way. So their will be an access. We will
go on the record with the first phase will intersect with Millenium Way by that vehicular
connection.
Barbeiro: The final point was, the gates we discussed in the last one to prevent cross
tracking through the residential from the high school over to Locust Grove, the
developer suggested putting gates in. Is that something that will be a final item for you
or is it still up in the air.
Bowcutt: I think they are still under the opinion that they would prefer some type of
gates.
Borup: This was a gate at which point?
Barbeiro: There was to be a gate over the Hunter Lateral crossing to prevent the kids
from crossing through the apartments and the developer also considered putting a gate
into the entrance off of Overland and just past the entrance off of Millenium Way. I
believe there were three gates. Is that correct.
Bowcutt: Yes, that was my understanding. We would have to have approval from your
fire department to install those. The location would also have to be approved by Ada
County Highway District because they want to make sure you have adequate stacking
room.
Borup: Has that been discussed with ACHD staff?
Bowcutt: It was brought up briefly and their comment was we have to have adequate
stacking room. They allow you to do it within a private roadway network as long as you
have it 50 or 75 feet into the property. Maybe its 100, 1 can't remember. The last one I
had was a mini storage. They don't want 3 or 4 cars turning into the site and then
waiting for the gate and sticking out into the roadway. I would recommend that the
commission put their subject to Ada County Highway District and fire department
approval.
Borup: The only other comment I think staff was on the fence —1 don't think the staff
comments addressed that either way, or did they. (Inaudible)privacy fence (inaudible).
There is no concern there is there.
Hawkins Clark: No.
Norton: I have a question for staff. At our last public hearing I had a question about
gates, but has been addressed. My notes say signage of gates would be worked out
with staff. Has signage been addressed.
Meridian Planning an(, oning Commission
May 9, 2000
Page 10
Hawkins Clark: Signage of the gates –of the project. They did have a written response
on signage from I believe Idaho Electric Signs and then McKeegan responded for
signage on the ice arena in writing. That should be in the packets.
Bowcutt: I think we did have a discussion because they had some types of lights on the
side of building.
Norton: That was addressed on the ice arena, but for the apartment complex—
Bowcutt: I did provide some specifications on signage. I believe it was a monument
type sign.
END OF SIDE ONE
Bowcutt: I'll have to check my packet. I believe it was a monument sign. That is what
staff has proposed.
Borup: I think we'd be comfortable that it wouldn't be anything difference than a
monument sign. Anything else. You checking or are you done Becky. Oh. Any final
comments from staff.
Hawkins Clark: Commissioner I think the main concern—I don't know that there is an
emergency vehicular access issue has been resolved to our satisfaction. With the
school site—schools are allowed in the R-4 without any public hearings. They can just
come in when they get this approved and not have any public hearings on the school
site and really this is the opportunity to deal with the school site even though the
majority of this—
Borup: You taking about a secondary access.
Hawkins Clark: Yes. What did they say potentially 1800 students or something. We
certainly understand and want to support the protecting these neighborhoods from cross
through traffic from the school, but there is a stub street here on the west boundary of
the site and then there is a stub street here immediately next to the future park site,
which would be here. Whether or not those are extended into the site or how that would
work, I guess our main issue or concern is that it be dealt with and maybe it can be
dealt with at Council level, but somehow there'd be another access into this 55 acre
school site other than just Millenium Way, particularly for emergency vehicles.
Borup: Have you discussed it to what point. Would the emergency break away ballards
or something like that.
Hawkins Clark: Right. I don't believe the fire department has really specifically
addressed it.
Meridian Planning an, __oning Commission
May 9, 2000
Page 11
Barbeiro: Brad, we have two opportunities to add emergency access. Is this where the
seminary is going?
Hawkins Clark: No. Here, right.
Barbeiro: With the new LDS church, is there any opportunity to have a emergency
access straight through their property or off of this road here as that roads appears to
abut the property of the high school.
Hawkins Clark: Commissioner, the LDS church is being built. It is designed. The site
is under construction. I don't think there is any opportunity there.
Borup: Sounds like here and here are the two stub streets. I don't think the intention is
to have a traffic flow through there. Break away emergency ballard would let the fire
trucks through and isn't that staffs concern. Do we know where this building maybe
sited.
Bowcutt: I can answer that question. The only information we received from the school
district is that the school would most likely sit back in this location here up against this
Hunter Lateral. Obviously the parking lots and field would be back here. There is two
existing public streets right here coming into Raven Hills and another one here in Los
Alamitos. It is the highway districts intention that those not be connected to the site
vehicularly for like student use but be connected for pedestrian bicycle and possibly
emergency access. I would assume something like ballards or maybe what they
propose there. It depends on the site configuration. I stopped at Mr. Carberry's office
today to see if I could obtain a copy of their draft site plan. He indicated that he does
not have a copy of it. You got one. He said I don't have one, in fact I think they are still
working on it. Your going to have to talk to Skyler at Hummel Architects. I said it would
be nice Jim if I could see it to make sure your needs are met as far as secondary
emergency access. Until we see where those circulation patterns of the school are
located, we don't know what to do.
Borup: Maybe at this point we just need to put some requirements in there and let them
design around it.
Bowcutt: Our agreement with the school district states that we ... the seller
acknowledges that the above described street, which is our Millenium Way, shall be the
sole access route to the school which buyer intends to construct on the premises other
than the emergency access here and after set forth. So, (inaudible) if we it we'd want
an emergency access through you.
Borup: So hereinafter set forth they are not specified.
Meridian Planning a%.Loning Commission
May 9, 2000
Page 12
Bowcutt: Yeah, it was emergency vehicle access if required. In order to meet uniform
fire code. (Inaudible) got a lot of parking lot along here, if they need it and if that is a
adequate location, then it makes sense that we do have a secondary emergency
access. It would all depend on their site plan and their needs.
Borup: What are saying would be secondary.
Bowcutt: If you look at—
Borup: Okay, the access is still from Millenium right?
Bowcutt: Yes sir.
Borup: So from Millenium Drive is blocked there is no secondary access.
Bowcutt: This is their primary vehicular access. There is landscaping and parking
areas—
Borup: Okay, your saying they could come down here through the parking lot into the
site.
Bowcutt: Exactly. So if the school says based on our configuration we need some
emergency vehicle access here or here or even link into this drive that wraps around
here. That would be an option. If its needed. I have not seen the site plan. Have you
seen it. You got a copy of it.
Barbeiro: It was the first draft which was two months ago.
Bowcutt: Oh. He said they are still working on it. I am going to try to obtain a copy
hopefully before we go to the council because I'd like them to see that and I think it
would be beneficial if we know what it looks like.
Borup: Sounds like the mood of the City and probably the Commissioner's is that there
needs to be some type of emergency secondary access. Not a vehicle access but just
emergency.
Barbeiro: So when building our recommendation we would include additional
emergency access through this site to be determined later. Or more specific.
Borup: I don't know that we need to be more specific as long as there is another
access.
Hatcher: One thing to take into consideration when we are discussing emergency
access of the future high school site is as Becky has pointed out, if we were to bring in a
second emergency access in the approximate location of the ice hockey arena or
Meridian Planning an �.oning Commission ~
May 9, 2000
Page 13
possibly at the apartments, first of all the apartments are a congested meandering
parking lot. There is no primary means of traffic, just a private roadway system. I don't
think that is a valid option. Second, bringing a secondary emergency access in and
around the ice skating rink I don't think is a valid option either for the sample fact that if
you have a event occurring your going to have high traffic volume there. Playing devil's
advocate we have an event at the school that requires emergency vehicles and we
have the ice rink letting out. Millenium and all those roads are going to be plugged.
When considering an emergency access to the high school, I think we should look at
the options of doing emergency break away ballards down at Raven the Subdivision
down below with the public road.
Borup: What is the purpose of the secondary emergency access.
Hatcher: If the fire truck can't get to —
Borup: And that would be because of heavy traffic or because of some accident
blocking the entire roadway. I assume it would be something blocking the entire
roadway and then they would need another access.
Hatcher: That is correct and that is why I am saying if we (inaudible) by the ice rink,
they are too close together.
Borup: Your saying something would be blocking both roads.
Hatcher: I am saying if an event at the ice rink was to let out—
Borup: That's just heavy traffic. That's not necessarily blocking —
Hatcher: Hey, we've all been there. We know what it can really be like. One all ready
looks like it is all ready a culdesac if I'm not mistaken. One of the two southern ones—
we put the condition on the school district now and let them design accordingly and be
done with it.
Barbeiro: Couldn't we have a primary and a secondary.
Hatcher: You would. Millenium would be your primary. We are talking about the
secondary right now. I don't think this site is big enough to need three accesses.
Borup: Okay, one of you guys had a motion earlier.
Hatcher: I was trying to make a motion to close the public hearing.
Norton: I second the motion.
Borup: All in favor.
Meridian Planning an �_oning Commission
May 9, 2000
Page 14
MOTION CARRIED: ALL AYES
Barbeiro: Which hearing did we just close.
Borup: Technically we closed—
Hatcher: Can we close all of them, one through six.
Borup: Technically we closed 3, cause that is the only one we opened. I think all the
testimony we received was on all the applications, so —
Hatcher: Mr. Chairman, I motion that we close the public hearing for Item 4,5,and 6.
Borup: Let me open it. Open public hearing for Item number 4.
Hatcher: I motion that we close it.
Norton: I second it.
Borup: All in favor.
MOTION CARRIED: ALL AYES
Borup: I'd like to open Item number 5.
Hatcher: I motion that we close it.
Norton: I second it.
Borup: All in favor.
MOTION CARRIED: ALL AYES
Borup: I'd like to open Item number 6.
Hatcher: I motion that we close that.
Norton: 1 second that.
Borup: All in favor.
MOTION CARRIED: ALL AYES
Borup: Would you like to handle Items 1 and 2 and then go on to the others.
Meridian Planning ani. _oning Commission
May 9, 2000
Page 15
Barbeiro: Can we do both of them at the same time.
Borup: They are both two separate items, but get those two out of the way and then get
into the other—or those two have all ready been closed, so—
Barbeiro: If there is no discussion, I have a motion. I motion that we recommend to
City Council request for annexation and zoning of 16.119 acres from RT to CG for
proposed Resolution Business Park by G.L. Voigt Development to include staff
comments.
Hatcher: I second the motion.
Borup: Any discussion.
Norton: I have discussion. I believe we discussed the CG change to CN change. I'd
like to make a friendly amendment to that motion that the CG be amended.
Barbeiro: Thank you Commissioner Norton, you are correct and I wish to amend that to
be a CN.
Borup: Any other discussion. All in favor.
MOTION CARRIED: ALL AYES
Borup: Item number 2.
Barbeiro: Mr. Chairman, I wish to recommend approval to City Council request for
rezone of 37.64 acres from R-4 to L -O for proposed Resolution Business Park by G.L.
Voigt Development with staff comments.
Hatcher: Second the motion.
Borup: Any discussion. All in favor.
MOTION CARRIED: ALL AYES
Borup: We have four more items. Again, comments have been concerning all of them.
We have two items on the preliminary plat. No one item, sorry.
Barbeiro: The discussion between myself and Commissioner Hatcher has to do with—
we would like—here's what we're differing. I would like to see a development
agreement between ACHD and the developer prior to any certificate of occupancy of
any building.
Meridian Planning an _oning Commission
May 9, 2000
Page 16
Hatcher: What I was trying to go for on a condition of approval from this board or
recommended condition of approval to City Council would be that no certificate of
occupancy would be issued to any of the proposed developments of this project until
Overland Road improvements have been instructed. If that means the ice rink waits
until 2002 or 2003, so be it.
Barbeiro: You want a 5 lane road before anything opened. That is going to put a crimp
in the developer, but I think if we had a development agreement with ACHD and the
developer to have 5 lanes prior to fall 2002 when the high school opened, seeing how
the development would be phased, I believe that would be correct and proper with this
development. I would hate to see the development held back because the 5 lanes
wasn't open for then as a condition they have to ensure that it is at least 3 lanes. If they
are going to go out and do 3 lanes then ACHD is going to come in tear it out. That
seems like a tremendous waste of public funds.
Hatcher: Absolutely. If it boils down to working things out with ACHD.
Borup: Oh it does and I agree with what your saying there, but your putting a
requirement on the developer that they got no control over.
Barbeiro: If we have a development agreement, that is something the developer and
ACHD—
Borup: ACHD don't do development agreements specifically do they. Just a written
agreement.
Hatcher: Putting money into a slush fund for future improvement on this project is not
acceptable in my opinion. That is exactly what ACHD will do. I have no opposition of
the project. In fact it is a wonderful project. Overland Road can not handle any capacity
that this project would generate without the required improvements.
Barbeiro: So ACHD does not do development agreements so this—
Borup: I don't know if that is the terminology they use. I am not sure either way. I just
have not heard that used before.
Hatcher: Bruce can you comment on how ACHD typically has been dealing with those
issues.
Freckleton: Commissioner Hatcher and members of the commission Becky was just
indicating that she is aware of one that they have done with Touchmark. I know they do
non -development agreements when you have a plat and your doing it in phases if you
want to record the entire plat without bonding or building the other phase. That is
something we would have to address with them.
Meridian Planning ani. _oning Commission
May 9, 2000
Page 17
Barbeiro: What would staffs recommendations be to insure that somehow we have an
agreement amongst all the parties that this is going to be 5 lanes prior to a large portion
of occupancy. I do not want to put a high school there without a five lane road.
Hatcher: I personally don't want to stop the project. I don't want to stop construction of
any of the projects on the site, but I don't want to see any of them operable until the
road is done.
Freckleton: My personal opinion would be unless we've got it nailed down when these
things are going to happen, I would not even issue the building permit. Your looking at
a can of worms if you issue a building permit and hold up occupancy without some
dates being set.
Hatcher: Okay so the building permit will not be issued until some sort of agreement is
been reached without Ada County so that their construction schedule coincides with the
projects construction schedule as deemed by the time line we are discussing. Basically
what that does—I would say put one hand behind the developers back. Now we are
putting both hands behind with the building permit because there is a lot of negotiations
that have to go on between the developer and ACHD to meet these requirements.
Barbeiro: Mr. Chairman would it be of any assistance to re -open the public hearing and
get some comments from the developer on this.
Hatcher: I don't think it is going to help.
Borup: Have you got your thoughts together on what it is that you maybe
recommending.
Barbeiro: Well, now that I know there really is no such thing as a development with
ACHD and my other concerns are that with the new high school, this would also stop
any issuance of a building permit for a new high school to be built which would cause
great problems with the school bond election coming up because of the state law
requiring the school to allocate the funds for and spend the funds any certain time
frame. If they can not get a building permit that may cause problems with the school
bonding.
Hatcher: Keep in mind as well as it was brought up by staff, school district does not
need public hearing. As soon as phase one is done and Millenium Drive is built, that
high school can go up. We have no control over that, so any conditions as of brought of
that includes traffic, any conditions we want to impose on that high school have to be
done during phase one. You could have 5000 high school kids going to high school on
a 2 or 3 lane road.
Borup: Do any Commissioner's remember what the going to the 3 lanes what that did to
the service and what the road could handle. I am not finding that. Do you remember
Meridian Planning ar'``'oning Commission
May 9, 2000
Page 18
that Brad at all. What capacity was that going to add. Where I was going or at least the
ACHD report is saying that the present configuration on Overland can handle a little less
than 3000 additional vehicles. In the same paragraph they are saying that it would add
6. They are over 3000 short without —that's with the current road. I am not sure what
the 3 lane would add to that capacity. I don't think it adds a lot of vehicle capacity. It
will alleviate congestion.
Hatcher: The third lane is a turning lane so it's going to allow people to stack up so that
they won't be able to turn left because of on coming traffic.
Borup: ACHD's statement is that a traffic signal is not warranted yet because traffic
volumes are low enough.
Barbeiro: That's Locust Grove and Overland, not Millenium.
Borup: No, the side driveway is on Overland. I don't think they are taking the school
into consideration on any of these figures. That adds a whole different aspect of it.
Barbeiro: I need your assistance on this so we don't shut down the developer, we don't
shut down the high school but we insure that there is a five lane road. Something that
we don't seem to have a lot of control over.
Borup: It is in the hand of ACHD. I don't have an answer to that. 1 think we can make
some recommendations and let City Council look at it.
Hatcher: The way we would want to word it to City Council would be that we
recommend approval pending —
Barbeiro: ACHD's commitment to widen that road.
Hatcher: Commitment is not good enough. It has to be in writing.
Barbeiro: Well, can the City work into a development agreement with ACHD as
opposed to the developer.
Hatcher: I don't think you want to bring the city into this.
Borup: Why would the city want to.
Barbeiro: We'd have a bigger gun than the developer does.
Borup: To do what.
Hatcher: We do?
Meridian Planning ar""?oning Commission '~
May 9, 2000
Page 19
Barbeiro: Sounded good.
Borup: Lets go ahead. Lets get a recommendation drafted and put the conditions on
you'd like to and --. At this point I assume your going to incorporate staff comments.
Barbeiro: I have some comments within those too. Mr. Chairman, I move that we
recommend approval to City Council request for preliminary plat of 17 lots on 107.06
acres in proposed L-0 zone and C -N zones for proposed Resolution Business Park by
G.L. Voigt Development to include staff comments making note of Item 8 on page 6 that
we would recommend an easement as opposed to a separately platted buffer—
Swartley: Mr. Chairman, Mr. Barbeiro what are you trying to do an easement as
opposed to a buffer?
Barbeiro: As I read it, the staff wanted to have a separate common lot as opposed to an
easement.
Swartley: Oh okay. I understand.
Barbeiro: That Item number 10 that applicant will go ahead and build a privacy fence,
Item number 11, the applicant will built a vehicular access over the Hunter Lateral
between site B and site A, included in that the developer will put a operable gate there
with cooperation of the Meridian Fire Department to prevent student crossing to get
over to Locust Grove. Help me out with number 12. The applicant wanted a minimum
of 35 foot landscape buffer. We are going to allow them to put a meandering sidewalk
as opposed to a sidewalk right up to the easement. Page 8, item 7 allowing them to—
Swartley: Mr. Barbeiro could you repeat the numbers 10 and 11 for me please.
Barbeiro: Number 10 were we—the developer build the privacy fence. Number 11 in
his cross access between site B and site A we put an emergency gate or a gate
between the two with the cooperation of the Meridian Fire Department. This is all
subject to the recommendation of ACHD and the Meridian Fire Department.
Borup: That was on the motion.
Hatcher: Road improvements, refresh my memory. We going to tack that onto the
preliminary plat or conditional use permit.
Borup: I thought you were doing it on the conditional use permit. I think they lumped it
all together. The traffic is going to be generated by the conditional use permit project
not by the plat.
Hatcher: Okay, lets see if I got this right.
Meridian Planning ant. —oning Commission
May 9, 2000
Page 20
Borup: ACHD's comments addressed everything all together. They combined all their
comments as a project as a whole.
Hatcher: The last outstanding issue I wanted to add to Commissioner Barbeiro's motion
is that a written agreement between the developer and ACHD that coordinates and
synchronizes construction completion of a 5 lane Overland improvement prior to the
completion of phase one occupancy. The agreement be submitted to the City of
Meridian prior to the issuance of a building permit.
Norton: I would like to add to that motion that a revised preliminary plat to reflect the
changes that have been discussed be submitted to the city prior to the City Council
meeting.
Borup: I think that was in the staff comments all ready.
Hatcher: So you made the motion, we amended it so your going to have to second it.
Barbeiro: To include their comments from Commissioner's Hatcher and Norton in the
motion.
Norton: I'll Second.
Borup: Any other discussion. Seeing none, all in favor.
MOTION CARRIED: ALL AYES
Barbeiro: I wish to recommend approval to City Council request for conditional use
permit for proposed planned commercial development consisting of multi family
commercial, and LDS seminary in proposed L -O and C -N zoning by G.L. Voigt
Development to incorporate all of our notes from Item number 3.
Borup: This was a conceptual concept that was made mention earlier. This is a
conceptual approval of the project as a whole.
Barbeiro: And to include that page 10, item 11 storage areas that we waive the
requirement for storage areas, page 10 item 12 that we waive the requirement for a
maintenance building.
Borup: Actually that should come under item 5.
Barbeiro: Thank you Mr. Chairman. You are correct. (Inaudible) make the
recommendation for approval for incorporating all the comments from Item number 3.
Hatcher: I will second that.
Meridian Planning ar 'oning Commission
May 9, 2000
Page 21
Borup: All in favor.
MOTION CARRIED: ALL AYES
Borup: Okay now item number 5 which is the conditional use permit for the apartment
complex.
Barbeiro: I wish to recommend approval to City Council request for conditional use
permit for proposed 200 unit luxury apartment complex to be zoned L -O for proposed
Resolution Business Park by Desert West Properties, LLC to include all comments from
Item 3 and Item 4 and from page 10 item 11 the storage areas waiving the requirement
for storage areas, page 10 item 12 waiving the requirement for a maintenance building,
page 11 CP apartment complex, item number 2 where staff recommends a number of
units constructed in phase one be limited to a maximum of 30, make that a maximum of
140.
Hatcher: I second the motion.
Borup: All in favor.
MOTION CARRIED: ALL AYES
Barbeiro: Mr. Chairman I wish to recommend approval to City Council request for
conditional use permit for an ice arena consisting of office, pro shop, fitness center,
restaurant, locker rooms, equipment storage and arenas zoned L -O by Pat McKeegan
to incorporate staff comments and comments from Item 3,4, and 5.
Hatcher: Before this last issue is voted on, the preliminary plat did we property address
the secondary emergency access to the high school.
Borup: No we didn't. We spend time talking about it and then did not get it in the
motion. We need to address that. We need to go back and amend the motion.
Norton: I second the motion on number 6.
Borup: All in favor?
MOTION CARRIED: ALL AYES
Barbeiro: Mr. Chairman, I wish to return to item number 3, the preliminary plat for the
17 lots and make an amendment to include the or note the developer will work in
conjunction with the school district and arrange a secondary emergency access through
their property apart from the primary access on Millenium Drive.
Borup: Do you want to be more specific.
.y
Meridian Planning anc )ning Commission
May 9, 2000
Page 22
Hatcher: I think you want to be more specific in location. What I just heard you say is a
second emergency access through the current development. I would prefer to have a
second emergency access through break away bollards down at Raven Hill.
Borup: The road is all ready there. The stub street is there. It is all ready dead ended.
Hatcher: It is a stub street. You'd have to dead end it with emergency bollards.
Barbeiro: Is the school property also part—
Borup: That is a separate lot and they will not be coming before us for the school
property.
Hatcher: It is not part of phase one but it is part of this development.
Barbeiro: I would concur. We have a secondary access from the south through one of
the two roads that are coming in.
Borup: Emergency break away bollards not direct vehicle access. I think that sounds
consistent with ACHD wants also. The no vehicle access is consistent. We need a
whole site.
Hatcher: You have the adjacent Subdivisions.
Borup: What do you want, street names. There is only two streets to choose from.
Two out of the two. Go over and talk to staff. Let them choose a street and it not come
from the north. Bruce, do you have any idea how man times in the last five years the
fire department has ever gone through the break away bollard. Okay that's what I felt.
Did you hear that comment Commissioner's?
Commissioner's: No.
Borup: As far as Bruce has understand it the fire department has never had to use
emergency access and the break away bollards. I am saying it needs to be there, but
its not going to be a traffic issue.
Hatcher: The one street we are talking about is East Blue Tick Street. The other road
appears to be South Red Cloud Avenue.
Borup: The reason I asked that question maybe for anyone living in those areas, the
emergency access not be a traffic—it hasn't happened yet in this town, but like anything
it is an emergency. It is there for emergency, so its there. Brad did you have some
input. The amended motion was to state a southern emergency access.
Meridian Planning an( )ning Commission
May 9, 2000
Page 23
Barbeiro: A southern emergency access with break away bollards and not regular
traffic.
Borup: No specific street?
Hatcher: No specific streets required.
Borup: So, if they can come up with another street, that's fine.
Barbeiro: Before we make the final vote, lets see if staff has anything.
Borup: The motion that is in effect now is that there be an emergency access from one
of the southern streets, not from the northern. We did not specify beyond that. Did you
have anything to add.
Hawkins Clark: Commissioner just as a suggestion that was provided which has not
been considered. As far as emergency there is here on Locust Grove, as I understand
the goal of your discussion as a Commission is to help get emergency access so that
Overland is not the only way. Another one on Locust. One suggestion is to provide on
the southern portion emergency ingress egress here on the southern portion north of
this LDS church that is being built between the retail and the daycare which does
access the high school site.
Borup: So, that could be a third option.
Hawkins Clark: Could be in terms of accessibility and response time for EMS, police,
fire. Certainly an argument can be made for greater direct access as compared to
going through either Los Alamitos or Raven Hill.
END OF SIDE TWO
Borup: to work out as far as the access for them.
Barbeiro: Okay lets go ahead and say that additional access the developer will work
with the school district of the options themselves for along the southwest boundaries.
Commissioner Norton, does that work for you? Okay.
Hatcher: I second the amended motion.
Borup: All in favor.
MOTION CARRIED: ALL AYES
Norton: Mr. Chairman I would like to have a little mor-- discussion on number 5 with the
apartment complex. 140 apartments, does that also include the club house? I'd like to
Meridian Planning an, -oning Commission
May 9, 2000
Page 24
amend the motion then to include the club house to be constructed along with the 140
apartments.
Borup: Is that different that the original or what the developer was planning. And the
club house.
Norton: Okay, I'll withdraw that.
Borup: Anything or are we ready to move on. Let's take a short break.
7. TABLED FROM APRIL 11; 2000: REQUEST FOR MODIFICATION OF
CONDITIONAL USE PERMIT TO ALLOW ADDITIONAL 77 FOOT HIGH POLE
SIGN FOR CHEVRON/MCDONALDS BY EAGLE PARTNER, LLC -603 S.
EAGLE ROAD:
Borup: This item was tabled to allow more information which I think you've each
received in your packets. Do we have any comments, questions or discussion or
anybody ready for a motion.
Norton: I am ready to make a motion on number 7. 1 would like to recommend to City
Council the request for modification of conditional use permit to allow additional 77 foot
high pole sign for Chevror,':''cDonalds by Eagle Partners be denied based on using the
Comprehensive Flan as a guide only and taking into consideration the following: 1.
The pylon sign was not addressed in the development agreement with the city on March
9, 1999. 2. This commission made a decision in June of 1999 that a pylon sign is
inappropriate. 3. A Chevron pylon sign doesn't set an appropriate tone for entering the
Magic View Subdivision. 4. This pylon sign is too close proximity to a neighborhood.
Hatcher: I second the motion.
Borup: Discussion.
Barbeiro: When we voted in June of 1999 on this issue, the two primary items that I
saw were that the light from this sign would be detrimental to the neighbors and that
there was presented an ordinance that only freeway frontage could have such a sign.
In our last—
Borup: Freeway frontage or freeway business.
Barbeiro: Freeway business I believe it was. And, as I recall—do we have such an
ordinance. I was unable to find such an ordinance saying that freeway business or
freeway frontage is a requirement for a pylon sign.
Borup: I don't believe so.
May 30, 2000 PCECEIVE]o
To: StaffJ U N - 1 2000
Affecnt d Property Owner(s) �' ofRMIAN
Re: Application Case No. RZ-00-003
Hearing Date: Tune 6, 2000
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING
COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findings and Recommendations of the Planning and
Zoning Commission shall be presented to the 'City Council at the public hearing on the above
referenced matter by the Planning and Zoning Administrator. Due to the volume of matters
which the City Council must decide, and to insure your position is understood and clear, it is
important to have a consistent format by which matters are presented at the public hearings
before the City Council.
The City Council strongly recommends:
1. That you take time to carefully review the Findings and
Recommendations of the Planning and Zoning Commission, and be
Findings
to state your position on this application by addressing the
Findings and Recommendations of the Planning and Zoning Commission;
and
2. That you carefullyy complete (be sure it is leg�'ble) the Position
Statement if you disa ee with the Findings and Recommendations
of the Planning and Zoning Commission. The Position Statement
form for this application is available at the City Clerk's office.
It is recommended that you Fire are a Position Statement and deliver it to the
City Clerk prior to the hearing, if possible. If that is not possible, please present your Position
Statement to the City Council at the hearing, along with eight (8) copies. The copies will be
presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the
City Attorney. If you are a part of a ggrroup, it is strongly recommended that one Position
Statement be filled out for the group, wFiich can be signed by the representative for the group.
V,
City Attorney's
IY/
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAw
JULIE KLEIN 1.lscHER
200 EAST CARLTON AVENUE
NAWA OFFICE
WM. F. QURAY, In
POST OFFICE BOX 1150
104 NINTH AvENUE SOUTH
BRENT J. JoHNsoN
MERIDIAN, IDAHO 83680-1150
POST OFFICE BOX 247
D. SAMUEL JOHNSON
NAMPA, IDAHO 83653-0247
WILLIAM A. Momow
TEL. 208) 466-9272
WILIAM F. NIcHoLs
CHRISTOPHER S. NYE
TEL 208) 288-2499
FAX ( 08) 4664405
PHI1P A. P=soN
STEPHEN L. MUSS
FAx (�08) 288-2501
PLEASE REPLY TO
ERic S. RossMAN
MERIDIAN OFFICE
TODD A. ROSSMAN
DAviD M. SwARTLEY
TERRENCER WHITE
May 30, 2000 PCECEIVE]o
To: StaffJ U N - 1 2000
Affecnt d Property Owner(s) �' ofRMIAN
Re: Application Case No. RZ-00-003
Hearing Date: Tune 6, 2000
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING
COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findings and Recommendations of the Planning and
Zoning Commission shall be presented to the 'City Council at the public hearing on the above
referenced matter by the Planning and Zoning Administrator. Due to the volume of matters
which the City Council must decide, and to insure your position is understood and clear, it is
important to have a consistent format by which matters are presented at the public hearings
before the City Council.
The City Council strongly recommends:
1. That you take time to carefully review the Findings and
Recommendations of the Planning and Zoning Commission, and be
Findings
to state your position on this application by addressing the
Findings and Recommendations of the Planning and Zoning Commission;
and
2. That you carefullyy complete (be sure it is leg�'ble) the Position
Statement if you disa ee with the Findings and Recommendations
of the Planning and Zoning Commission. The Position Statement
form for this application is available at the City Clerk's office.
It is recommended that you Fire are a Position Statement and deliver it to the
City Clerk prior to the hearing, if possible. If that is not possible, please present your Position
Statement to the City Council at the hearing, along with eight (8) copies. The copies will be
presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the
City Attorney. If you are a part of a ggrroup, it is strongly recommended that one Position
Statement be filled out for the group, wFiich can be signed by the representative for the group.
V,
City Attorney's
IY/
BEFORE THE PLANNING AND ZONING COMMISSION
In The Matter of The REQUEST
FOR REZONE of
APPROXIMATELY 37.64 ACRES
FOR PROPOSED RESOLUTION
BUSINESS PARK
G.L. VOIGT,
Applicant
Case No. RZ-00-003
RECOMMENDATION TO CITY
COUNCIL
INTRODUCTION
1. The property is approximately 37.64 acres in size. The property is
generally located at the southeast corner of Overland Road and S. Locust Grove Road
in Meridian.
Idaho.
2. The owner of record of the subject property is G.L. Voigt, of Idaho Falls,
3. The Applicant is owner of record.
4. The property is presently zoned as R-4, and is agricultural land.
5. The Applicant requests the property be rezoned to Limited (L -O).
6. The proposed site is surrounded by an RV Park (C -G) to the north, an
LDS church and a subdivision (R-1 and R-4) to the south, a residential subdivision
RECOMMENDATION TO CITY COUNCIL - 1
REQUEST FOR REZONE - G.L. VOIGT - RESOLUTION BUSINESS PARD
I—
(R-4) and (R -T) to the west and vacant land (R -T) to the east.
7. The subject property is within city limits of the City of Meridian.
8. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
9. The Applicant proposes to develop the subject property in the following
manner: planned commercial development.
10. The Applicant's requested rezoning of the subject real property as L -O is
consistent with the commercial designation on the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Mixed Planned
Unit Development.
11. There are no significant or scenic features of major importance that
affect the consideration of this application.
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the rezoning to Limited
Office (L -O) as requested by the Applicant for the property described in the
application conditioned on the Applicant signing a development agreement.
Z:\Work\M\Meridian 15360M\Recommendations\RZ003Resolution.Rec
RECOMMENDATION TO CITY COUNCIL - 2
REQUEST FOR REZONE - G.L. VOIGT - RESOLUTION BUSINESS PARK
Will Berg
From: jansyl@micron.net
Sent: Tuesday, June 06, 2000 9:07 AM
To: bergw@ci.meridian.id.us
Subject: Fw: G.L. Voigt Development of Resolution Business Park City Council
Sent: Monday, June 05, 2000 5:39 PM
Subject: G.L. Voigt Development of Resolution Business Park City Council
To: Meridian City Council
Re: G.L. Voigt Development
Mr. Berg,
10, ( 1
J6
J U N - 2000
CITY OF MERIDIAN
Tammy DeWeerd suggested I send the following information to you in the event I am unable to attend the
6/6/00 meeting regarding G. L. Voigt and the development of Resolution Business Park.
I currently reside in the Summerfield Subdivision at the NE corner of Ustick and North Locust Grove in the
city of Meridian. This subdivision was developed by G.L. Voigt ( a few phases were not, but I am addressing
the ones that were).
The developer was responsible for the perimeter fence. A fence was erected, however the section on Locust
Grove is falling over after only three years.
The developer was responsible for the pressurized irrigation system. A trouble -prone pooly designed system
was installed causing several homeowners unneccessary expenses.
The developer was responsible for drainage in the subdivsion. Houses were built such that water drains to
the adjacent house to the rear. No drainage was installed between the 'park' and the adjacent lots causing the
park to drain to the adjacent properties.
Drainage problems occur in the street storm drains, they appear to be under -sized.
The deveoper was responsible for each lot being built. There is one home in Summerfield that has been
under construction for 6 years.
The developer was supposed to provide a common area 230 x 140, large enough to accomodate a soccer
field. I still haven't come across that yet.
If the Council decides to approve the development of Resolution Park by G. L.. Voigt what, if any, checks and
balances will there be to assure that:
a) the project won't fall apart in 3 years
b) quality design will be used
c) drainage problems will be addressed and resolved prior to construction
d) the project will be completed
e) the developer will provide all that has been agreed upon
Thank you,
Jan Sylvester
1775 E. Summerheights Drive
Meridian, Idaho
6/6/00
83642
208 8845680
6/6/00
r
REcE��
COPYJUN 1 5 2000
CITY OF MERIDLAIN
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. G. L. VOIGT DEVELOPMENT, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this day of , 2000, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and G. L. VOIGT DEVELOPMENT, hereinafter
called "OWNER/DEVELOPER", whose address is 1908 Jennie Lee Drive,
Idaho Falls, Idaho 83404.
1. RECITALS:
1.1 WHEREAS, "Owner/Developer" is the sole owner, in law
and/or equity, of certain tract of land in the County of
Ada, State of Idaho, described in Exhibit A, which is
attached hereto and by this reference incorporated herein
as if set forth in full, herein after referred to as the
"Property"; and
1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re -zoning that the owner or "Owner/Developer" make a
written commitment concerning the use or development of
the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re -zoning of land; and
1.4 WHEREAS, "Owner/Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
Light Industrial District (I -L), (Meridian City Code §§ 11-
7-2 N); and
DEVELOPMENT AGREEMENT (RZ-00-003) - 1
1.5 WHEREAS, "Owner/Developer" made representations at
the public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested
re -zoning designation of the subject "Property" held before
the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, City Council, the _ day of , 2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
1.8 WHEREAS, both the "Findings" require the
"Owner/Developer" to enter into a development agreement
before the City Council takes final action on re -zoning
designation; and
1.9 "DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Owner/Developer" to
enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
subsequent use of the "Property" is in accordance with the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for re -zoning designation
DEVELOPMENT AGREEMENT (RZ-00-003) - 2
from government subdivisions providing services within
the planning jurisdiction and from affected property
owners and to ensure re -zoning designation is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
Ordinances codified in Meridian City Code Title 11 and
Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER"/"OWNER": means and refers to G. L.
VOIGT DEVELOPMENT, whose address is 1908 Jennie
Lee Drive, Idaho Falls, Idaho 83404, the party developing
and owning said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPMENT AGREEMENT (RZ-00-003) - 3
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Sections 11-7-2 N which
are herein specified as follows:
(I -L) Light Industrial District: The purpose of the I -L
Light Industrial District is to provide for light industrial
development and opportunities for employment of
Meridian citizens and area residents and reduce the need
to commute to neighboring cities; to encourage the
development of manufacturing and wholesale
establishments which are clean, quiet and free of hazardous
or objectionable elements, such as noise, odor, dust, smoke
or glare and that are operated entirely or almost entirely
within enclosed structures; to delineate areas best suited
for industrial development because of location, topography
existing facilities and relationship to other land uses. This
District must also be in such proximity to ensure
connection to the Municipal water and sewer systems of
the City. Uses incompatible with light industry are not
permitted, and strip development is prohibited.
With the further restriction that all uses and development
of the subject real property shall be governed under the
conditional use permit process as a planned development.
For the construction and development of a planned
commercial development.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE:
"Developer"/" Owner" have submitted to "City" an application for conditional
use permit, and shall be required to obtain the "City"'s approval thereof, in
accordance to the City's Zoning &. Development Ordinance criteria, therein,
DEVELOPMENT AGREEMENT (RZ-00-003) - 4
x-41
provided, prior to, and as a condition of, the commencement of construction of
any buildings or improvements on the "Property" that require a conditional
use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
6.A "Developer "/"Owner" shall enter into a Development
Agreement, that provides in the event the conditions
therein are not met by the Developer that the property
shall be subject to de -annexation and rezoning, with the
City of Meridian which provides for the following
conditions of development to -wit:
6.1 Any existing irrigation/drainage ditches crossing the
property to be included in this project shall be tiled per
City Ordinance. The ditches to be piped shall be shown on
the site plans. Plans shall be approved by the appropriate
irrigation/drainage district, with written confirmation of
said approval submitted to the Public Works Department.
No variances have been requested for tiling of any ditches
crossing this project.
6.2 Any existing domestic wells and/or septic systems within
this project shall have to be removed from their domestic
service per City Ordinance. Wells may be used for non-
domestic purposes such as landscape irrigation.
6.3 Off-street parking shall be provided in accordance with
City of Meridian Zoning and Development Ordinance
and/or as detailed in site-specific requirements.
6.4 Paving and striping shall be in accordance with the
standards set forth in the City of Meridian Zoning and
Development Ordinance and in accordance with Americans
with Disabilities Act (ADA) requirements.
DEVELOPMENT AGREEMENT (RZ-00-003) - 5
6.5 A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer for all off-street parking areas. All site
drainage shall be contained and disposed of on-site.
6.6 Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section.
6.7 All signage shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
6.8 Provide five -foot -wide sidewalks in accordance with City
Ordinance.
6.9 All construction shall conform to the requirements of the
Americans with Disabilities Act.
6.10 Applicant shall provide an internal vehicular access
connection through the apartment complex to Locust
Grove Road.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer"/"Owner" or
"Developer "'s/"Owner's " heirs, successors, assigns, to comply with Section 6
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
I.C. § 67-6509, or any subsequent amendments or recodifications thereof.
S. CONSENT TO DE -ANNEXATION AND REVERSAL
OF ZONING DESIGNATION
DEVELOPMENT AGREEMENT (RZ-00-003) - 6
"Developer"/"Owner" consents upon default to the de -annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to -wit:
8.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Developer"/"Owner" and
if the "Developer"/"Owner" fails to cure such failure
within six (6) months of such notice.
9. INSPECTION: "Developer"/"Owner" shall, immediately upon
completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval: of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
10. DEFAULT:
10.1 In the event "Developer"/" Owner",
"Developer"'sl" Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person
acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this
Agreement may be modified or terminated by the "City"
upon compliance with the requirements of the Zoning
Ordinance.
10.2 A waiver by "City" of any default by "Developer"/"Owner"
of any one or more of the covenants or conditions hereof
shall apply solely to the breach and breaches waived and
shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other
covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
DEVELOPMENT AGREEMENT (RZ-00-003) - 7
Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording
to "Developer"/"Owner", prior to the third reading of the Meridian Zoning
Ordinance in connection with the rezoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the rezoning of the "Property"
contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer"/" Owner", or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer"/"Owner" shall
have thirty (30) days after delivery of notice of said breach
to correct the same prior to the non -breaching party's
seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period,
if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity,
then the time allowed to cure such failure may be extended
for such period as may be necessary to complete the curing
of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Developer"/"Owner" or
"City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
DEVELOPMENT AGREEMENT (RZ-00-003) - 8
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Developer"/"Owner" have entered into
an addendum agreement stating when the improvements will be completed in
a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That
"Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to reversal of the zoning if the owner or his
assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and tivhen personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
:Meridian, ID 83642
with copy to:
DEVELOPMENT AGREEMENT (RZ-00-003) - 9
OWNER/DEVELOPER:
G. L. Voigt Development
1908 Jennie Lee Drive
Idaho Falls, Idaho 83404
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1 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.
18. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
anv of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale .or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
DEVELOPMENT AGREEMENT (RZ-00-003) - 10
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"Owner/Developer" and "City" relative to the subject matter hereof, and there
are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between "Owner/Developer" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions
governing development 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.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement
shall be effective on the date the Meridian City Council shall adopt the
amendment to the Meridian Zoning Ordinance in connection with the
annexation and zoning of the "Property" and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREEMENT (RZ-00-003) - 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
G. L. VOIGT DEVELOPMENT
MM
Attest:
Patricia A. Davis, Secretary
BY RESOLUTION NO.
Gary L. Voigt, President
CITY OF MERIDIAN
ME
Attest:
City Clerk
BY RESOLUTION NO.
Mayor Robert D. Corrie
DEVELOPMENT AGREEMENT (RZ-00-003) - 12
STATE OF IDAHO )
:ss
COUNTY OF ADA )
On this day of , in the year 2000,
before me, a Notary Public, personally appeared Gary L.
Voigt and Patricia A. Davis, known or identified to me to be the President and
Secretary of G. L. Voigt Development, who executed the instrument on behalf of
said G. L. Voigt Development and acknowledged to me having executed the
same.
(SEAL)
STATE OF IDAHO )
:ss
County of Ada )
On this
Notary Public for Idaho
Commission expires:_
day of , in the year 2000,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, :know or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
(SEAL) Notary Public for Idaho
Commission expires:
DEVELOPMENT AGREEMENT (RZ-00-003) - 13
EXHIBIT A
Legal Description Of Property
A parcel of land including a portion of Overland Road right-of-way lying
in the NW 1/4 of Section 20, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the North 1/4 corner of Section 20, T. 3N., R. IE., B.M.,
the REAL POINT OF BEGINNING of this description;
Thence S 00°24'16" W 849.15 feet along the east line of the NW1/4 to a
point;
Thence N 89°52'19" W 1,821.54 feet parallel with the north line of the
NW 1/4 to a point on the centerline of the Hunter Lateral;
Thence N 05029'17" W 20.43 feet along said centerline to a point;
Thence N 16°14'08" W 216.98 feet along said centerline to a point;
Thence N 18°27'39" W 470.81 feet along said centerline to a point;
Thence N 07°06'04" W 175.77 feet along said centerline to a point on the
centerline of Overland Road, which is also the north line of said NW 1/4;
Thence S 89°52'19" E 2,060.97 feet along said north line to the REAL
POINT OF BEGINNING of this description;
Said parcel of land contains 38.018 acres more or less.
DEVELOPMENT AGREEMENT (RZ-00-003) - 14
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
Z:\Work\M\Meridian 15360M\Resolution Business Park AZ RZ CUP PP\DevelopAgrforRZ
DEVELOPMENT AGREEMENT (RZ-00-003) - 15
June 15, 2000
MERIDIAN CITY COUNCIL MEETING June 20, 2000
APPLICANT G.L. Voigt / Overland LLC ITEM NO. 1
REQUEST Findings - Rezone of 37.64 acres from R-4 to L -O zone for propsed
Resolution Business Park - south of Overland Road and east of Locust Grove Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
See attached Findings
Materials presented at public meetings shall become property of the City of Meridian.
e 10111 Jc
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JULIE KLEIN FISCHER
PHILIP A. PETERSON
Wm. F. GIGRAY, III
STEPHEN L. PRUSS
BRENT JOHNSON
ERIC S. ROSSMAN
D. SAMUEL JOHNSON
TODD A. ROSSMAN
WILLIAM A. MORROW
DAVID M. SWARTLEY
WILLIAM F. NICHOLS*
TERRENCE R. WHITE**
CHRISTOPHER S. NYE
*ALSO ADMITTED IN OR
"ALSO ADMITTED IN WA
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
Email via Internet @ wfg@wppmg.com
June 12, 2000
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208) 466-9272
FAX (208) 466.4405
PLEASE REPLY TO
MERIDIAN OFFICE
I?BCEIVF4D
J U N 15 2000
CITY OF MEI3I AN
Re: G.L. VOIGT DEVELOPMENT / REZONE FINDINGS /
DEVELOPMENT AGREEMENT/RESOLUTION/CERTIFICATE
OF CLERIU and REZONE ORDINANCE / CERTIFICATION
OF CLERK
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION
FOR REZONE prepared as per instructions from the Council meeting of June 6, 2000, and
which are on the agenda for June 20, 2000. Additionally, I have attached the Development
Agreement which is now ready for execution by the parties.
Also, please find enclosed the above Ordinance and the Certification of the
Clerk for the rezone for Lynd Hoover. After the Findings of Fact and Conclusions have
been adopted, and the Development Agreement has been executed, then please place this
ordinance on the City Council agenda. This ordinance should not be passed until the
Application for Rezone are adopted and the Development Agreement executed.
If you have any questions arise, please advise.
Very truly yours,.
Wm. F. Nichols
msg\Z:\Work\M\Meridian 15360M\Resolution Business Park AZ RZ CUP PP\FFCL and OrdinanceClk.ltr
1
MERIDIAN PLANNING & ZONING MEETING: J
APPLICANT: `L AGENDA ITEM NUMBER:
REQUEST: /2- z lr . -� 7 e' �- Ik4,0 1
12--4- 1-o Z-0
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:.
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE: j
d
ADA COUNTY HIGHWAY DISTRICT:
rec
ADA STREET NAME COMMITTE:
CENTRAL DISTRICT HEALTH: 119 VIL�
NAMPA MERIDIAN IRRIGATION: I r
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
ADA COUNTY HIGHWAY DISTRICT
"i G
Planning and Development Division City of-Nleridia .,,
Development Application Report Cni t v C e rk 0
T -U
Preliminary Plat — Resolution Business Park
MAZ00-004/MCUP00-015/MCUP00-016/
MCUP00-017
Locust Grove Rd/Overland Road
An application for a preliminary plat has been submitted to the City of Meridian for a 17 -lot residential
and commercial subdivision on 107.06 -acres. The applicant is also requesting conditional use and
rezone approval. The City has forwarded the application to ACHD for review and comment. The site
is located at the southeast corner of Overland Road and Locust Grove Road. This development is
estimated to generate 9,430 additional vehicle trips per day based on the submitted traffic study.
Roads impacted by this development: Locust Grove Road
Overland Road
ACHD Commission Date — May 3, 2000 - 12:00 p.m.
Resolution Subdivision
Page 1
MAY 09 '00 14:29 PAGE.02
Facts and Findings:
A. General Information
Owner
— G.I. Voigt
Applicant
- Same
R-4, RT
- Existing zoning
L -O, C -G
- Requested zoning
107.06
- Acres
17
- Proposed lots
200
- Proposed multi -family dwelling units
346,000
- Square feet of proposed building
125,000 -square feet of Office building
145,000 -square feet of Retail building
57,000 -square feet of an Ice Rink
19,000 -square feet of Day Care Center
Meridian High School
2,300
- Total lineal feet of proposed public streets
286
- Traffic Analysis Zone (TAZ)
West Ada - Impact Fee Service Area
Meridian - Impact Fee Assessment District
Locust Grove Road
Minor arterial with bike lane designation
Traffic count 3,552 on 7-16-99
A -Existing Level of Service
C -Existing plus project build -out Level of Service
950 -feet of frontage
50 to 70 -feet existing right-of-way (25 -feet from centerline)
96 -feet required right-of-way (48 -feet from centerline)
Locust Grove Road is improved with two lanes with no curb, gutter or sidewalk. The segment
of Locust Grove Road abutting the site is not listed in the current Five Year Work Program for
reconstruction.
Overland Road
Minor arterial with bike lane designation
Traffic count 11,422 on 11-30-99 (west of Eagle Road)
Traffic count 9,916 on 11-23-99 (west of Locust Grove Road)
D -Existing Level of Service
E -Existing plus project build -out Level of Service
2,640 -feet of frontage
50 to 70 -feet existing right-of-way (25 -feet from centerline)
96 -feet required right-of-way (48 -feet from centerline)
Resolution Subdivision
Page 2
MAY 09 '00 14:30
PAGE.03
Overland Rod is improved with two lanes with no curb, gutter or sidewalk. The segment of
Overland Road abutting the site is listed in the current Five -Year Work Program for
reconstruction to 5 -lane in FY (2004).
Blue Tick Street/Brandys Jewel Street
Local streets with no bike lane designation
No traffic count available
50 -feet of frontage
50 -feet existing right-of-way (25 -feet from centerline)
50 -feet required right-of-way for their extensions
Blue Tick Street and Brandys Jewel Street are improved as 37 -foot street section with curb,
gutter and sidewalk.
B. On March 27, 2000, the District Planning and Development staff inspected this site and evaluated
the transportation system in the vicinity. On March 31, 2000, the staff met as the District's
Technical Review Committee and reviewed the impacts of this proposed development on the
District's transportation system. The results of that analysis constitute the following Facts and
Findings and recommended Site Specific Requirements.
C. Locust Grove Road has 3,522 existing vehicle trips per day, which is a Level of Service A (LOS
A). An acceptable Level of Service for this segment of roadway is D (LOS D) or 14,000 vehicle
trips per day. The proposed application will add approximately 3,000 vehicle trips per day on
Locust Grove Road.
D. Current traffic counts indicate that Overland Road carries 11,422 vehicle trips per day (VTD).
The planning threshold for Overland Road is 14, 000 VDT with its current configuration. When
Overland Road is rebuilt to five lanes, the planning threshold for Overland Road will be 33,000
VTD. The proposed application will add approximately 6,000 vehicle trips per day on Overland
Road, therefore the existing, plus project traffic exceeds the planning threshold of Overland Road
with its current configuration. When Overland Road is rebuilt to five -lanes, the roadway will be
adequate to accommodate the traffic generated from this site.
E. The Eagle Road/Overland Road intersection operates at a Level of Service E/F threshold, and is
listed as one of 100 critical intersections in Ada County. The subject site's additional traffic will
exacerbate the traffic problems at the intersection. The District has already initiated a project (to
be started within the next few months) to provide additional turn lanes and make other capacity
enhancements to improve the intersections' operating characteristics. The improvement plans
have not been finalized but the anticipation is for a substantial increase in capacity.
F. The Meridian Road/Overland Road intersection operates at a Level of Service F (LOS F), and is
listed as one of 100 critical intersections in Ada County. The subject site's additional traffic will
exacerbate the traffic problems at the intersection.
G. A traffic study was submitted for the Resolution Subdivision site development plan. The key
findings of the traffic study include the following:
Resolution Subdivision
Page 3
MAY 09 '00 14:31 PAGE.04
provide 100 -feet of stacking for both the inbound and out -bound travel lanes for the driveway.
Coordinate the design of the driveways with District staff.
M. The applicant is proposing three driveways on Overland Road. The driveways are located as
follows:
♦ 480 -feet east of Locust Grove Road: based on the submitted traffic study the
applicant should be required to provide a minimum of 50 -feet of stacking for this
driveway.
♦ 930 -feet east of Locust Grove Road: based on the submitted traffic study the
applicant should be required to provide a minimum of 50 -feet of stacking for this
driveway.
♦ 1,280 -feet east of Locust Grove Road: based on the submitted traffic study the
applicant should be required to provide a minimum of 100 -feet of stacking for
this driveway.
All the driveways align with existing driveways on the north side of the road, which meets
District policy. The driveways should be constructed 30 to 35 -feet wide with 15 -foot radii
pavement tapers abutting the existing roadway edge.
N. The applicant is proposing to construct two public roads off Overland Road. The roads are
proposed to be located:
♦ 320 -feet west of the east property line: based on the submitted traffic study the
applicant should be required to locate driveways off this public street a minimum
of 100 -feet south of Overland Road. The roadway should be constructed as a 40 -
foot street section with curbs gutters and 5 -foot wide concrete sidewalks within
58 -feet of right-of-way.
♦ 850 -feet west of the east property line: based on the submitted traffic study this
roadway should be signalized and driveways on this roadway should be located a
minimum of 175 -feet south of Overland Road and consecutive driveways should
be required to align or offset a minimum of 150 -feet. The roadway should be
constructed as a 46 -foot street section with curbs, gutters, and a 5 -foot wide
concrete sidewalk within 64 -feet of right-of-way. This road should be signalized.
The applicant should be required to construct a signal for the new intersection.
Coordinate the design of the signalized intersection with District staff. The
District should provide 25 -percent of the cost of the signal.
♦ The applicant is proposing an east/west road located 400 -feet south of Overland
Road: the applicant should be required to locate driveways on the new roadway a
minimum of 50 -feet from a public street intersection. The applicant is proposing
a traffic circles within the roadway. The street section around the traffic circle
should be constructed 29 -feet wide. A YIELD sign should be installed at all
approaches into the islands and directional islands should be constructed in the
street approaches to the traffic circles to guide motorists in the proper direction.
The pedestrian crossings shall be located at the intersection to improve
pedestrian/vehicular recognition and safety. Coordinate the traffic control plan
and location of the pedestrian crossings with District staff
Resolution Subdivision
Page 6
MAY 09 '00 14:33
PAGE.07
In order to provide safe turning movements into the driveways and streets on Overland Road and
avoid a continuous meandering travel path a continuous turning lane is required from Locust
Grove Road to the east property line. The design will provide turning movement at all driveways
and streets through and including Locust Grove and new east -west street.
O. ACHD's Park & Ride Division Staff have indicated the need for a park and ride location at the
applicant's site. The District requests that applicant grant the District an easement for a 10 to 12 -
space Park & Ride area at this site. Commuteride staff will contact the applicant to coordinate the
location of the Park & Ride area.
P. In order to reduce trips to and from this development it is recommended that Tenants occupying
the proposed building be required to provide an Alternative Transportation Program for
employees and provide an annual report to ACHD on employee participation. Commuteride staff
will coordinate the Alternative Transportation Program with the applicant. For more information
contact Pat Nelson at 387-6160.
Q. In order to reduce trips to and from this development, it is recommended that the tenants
occupying the proposed building(s) be required to participate in any Transportation Management
Association (TMA) or Transportation Management Organization (TMO) that is formed with a
boundary that includes this site or is adjacent to this development.
R. A Transportation Management Association (TMA) or Transportation Management Organization
(TMO) is formed with a coordinator that works as a liaison between businesses and private and
public transportation providers to increase the use of alternative transportation and other trip
reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking
enhancements). An annual survey will be required of the TMA/TMO to monitor participation in
alternative transportation programs and forwarded to the ACHD Commuteride Office,
S. District policy states that direct access to arterials and collectors is normally restricted and that the
developer shall try to use combined access points. In accordance with District policy the
applicant should be required to provide a recorded cross access easement among the lots within
the proposed subdivision for use to access the public streets prior to issuance of a building permit
(or other required permits).
T. The applicant should be required to construct a center turn lane on Locust Grove Road abutting
the entire site. Coordinate the design of the turn lane with District staff.
U. The applicant should be required to construct a center turn lane on Overland Road abutting the
entire site. Coordinate the design of the turn lane with District staff.
V. Graveled driveways abutting public streets create maintenance problems due to gravel being
tracked onto the roadway. In accordance with past action by the District the applicant should be
required to pave all driveways their full width and at least 30 -feet into the site beyond the edge of
pavement of Overland Road and Locust Grove Road and install pavement tapers with 15 -foot
radii abutting the existing roadway edge.
W. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may
be required upon review of a future application for this site.
Resolution Subdivision
Page 7
MAY 09 '00 14:34
PAGE.08
X. As required by District policy, restrictions on the width, number and locations of driveways, may
be placed on future development of this parcel.
Y. In accordance with District policy, stub streets to the school parcel abutting this site should be
e�rtended upon review of a future application for this site.
Z. Based on development patterns in this area and the resulting traffic generation, staff anticipates
that the transportatiofi system will require improvement in order to accommodate the additional
traffic generated by this proposed development. The Overland Road/Meridian Road intersection
currently operates at deficient Level of Service F (LOS F), and is listed as one of the 100 critical
intersections in Ada County. The reconstruction of the intersection by the District is not listed in
ACHD's Five year Work Program.
The following Site Specific Requirements and Standard Requirements must be met or provided
for prior to ACHD approval of the final plat:
Special Recommendation to City of Meridian:
In order to reduce trips to and from this development it is recommended that tenants occupying
the proposed building be required to provide an Alternative Transportation Program for
employees and provide an annual report to ACHD on employee participation. Commuteride
staff will coordinate the Alternative Transportation Program with the applicant. For more
information contact Ms Pat Nelson at 387-6160.
2. In order to reduce trips to and from this development, the tenants occupying the proposed
building(s) should be required to participate in any Transportation Management Association
(TMA) or Transportation Management Organization (TMO) that is formed with a boundary that
includes this site or is adjacent to this development.
ACHD's Park & Ride Division Staff have indicated the need for a park and ride location at the
applicant's site. The District requests that applicant grant the District an easement for a 10 to
12 -space Park & Ride area at this site. Commuteride staff will contact the applicant to
coordinate the location of the Park & Ride area.
4. The transportation system will require improvement in order to accommodate the
additional traffic generated by additional development. The Overland Road/Meridian
Road intersection currently operates at a deficient Level of Service F (LOS F), and is
listed as one of 100 critical intersections in Ada County. Additional traffic will exacerbate
the traffic problems at the intersection. The reconstruction of the Overland
Road/Meridian Road Street intersection is not currently listed in ACHD's Five year Work
Program.
Resolution Subdivision
Page 8
MAY 09 '00 14:35
PAGE.09
Site Specific Requirements:
Dedicate 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by
means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance
of a building pennit (or other required permits), whichever occurs first. Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested material. The owner
will be compensated for all right-of-way dedicated as an addition to existing right-of-way from
available impact fee revenues in this benefit zone, if the owner submits a letter of application to
the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD
Ordinance 9193.
2. Dedicate 48 -feet of right-of-way from the centerline of Locust Grove Road abutting the parcel
by means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30
business days to process the right-of-way dedication after receipt of all requested material. The
owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way
from available impact fee revenues in this benefit zone, if the owner submits a letter of
application to the impact fee administrator prior to breaking ground, in accordance with Section
15 of ACHD Ordinance #193.
3. Provide a stub street to the south property line located 1,000 -feet west of the east property line.
Provide a paved temporary turnaround at the end of the stub with a temporary easement
provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and
the design of the turnaround with District staff.
4. Provide a stub street to the east property line located 400 -feet south of Overland Road. Provide
a paved temporary turnaround at the end of the stub with a temporary easement provided to the
District. Install a sign at the terminus of the roadway stating that, "THIS ROAD IA7ILL BE
EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of
the turnaround with District staff.
Provide a $112,500.00 deposit to the Public Rights -of -Way Trust Fund for 75 -percent of the
cost to construct a traffic signal on Overland Road for the new collector roadway. The District
will construct the signal when it is warranted.
Provide a $37,500.00 deposit to the Public Rights -of -Way Trust Fund for 25 -percent of the cost
of constructing a traffic signal at the Overland Road/Locust Grove Road intersection. The
District will construct the signal when it is warranted.
7. Provide a $52,800.00 deposit to the Public Rights -of -Way Trust Fund for the cost of
constructing a 5 -foot wide concrete sidewalk on Overland Road abutting the parcel
(approximately 2,640 -feet) prior to District approval of a final plat, whichever occurs first.
Construct a 5 -foot wide concrete sidewalk on Locust Grove Road abutting the parcel prior to
District approval of a final plat. Locate the sidewalk two feet � ithin the new right-of-way of
Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff.
Resolution Subdivision
Page 9
MAY 09 '00 14:3G
PAGE.10
9. Locate two driveways on Locust Grove Road as follows:
♦ The northern driveway shall be located 550 -feet south of Overland Road to align
with Peacock Street to the west.
♦ The southern driveway shall be located 75 -feet north of the south property line.
The driveways shall be constructed 30 to 35 -foot wide with 15 -foot radii pavement tapers
abutting the roadway. Provide 100 -feet of stacking for both the inbound and out -bound travel
lanes for the driveways. Coordinate the design of the driveways with District staff.
10. Locate three driveways on Overland Road as follows:
♦ 480 -feet east of Locust Grove Road: provide a minimum of 50 -feet of stacking
for this driveway.
♦ 930 -feet east of Locust Grove Road: provide a minimum of 50 -feet of stacking
for this driveway.
♦ 1,280 -feet east of Locust Grove Road: provide a minimum of 100 -feet of
stacking for this driveway.
The driveways shall be constructed 30 to 35 -feet wide with 15 -foot radii pavement tapers
abutting the existing roadway edge.
11. Locate two public roads as follows:
♦ off Overland Road 320 -feet west of the east property line: locate driveways off
this public street a minimum of 100 -feet south of Overland Road. The roadway
shall be constructed as a 40 -foot street section with curbs gutters and 5 -foot wide
concrete sidewalks within 58 -feet of right-of-way.
♦ off Overland Road 850 -feet west of the east property line: driveways off this
roadway shall be located a minimum of 175 -feet south of Overland Road and
consecutive driveways are required to align or offset a minimum of 150 -feet.
The roadway shall be constructed as a 46 -foot street section with curbs, gutters,
and a 5 -foot wide concrete sidewalk within 64 -feet of right-of-way. The applicant
shall be required to construct a signal for the roadway/Overland Road
intersection. Coordinate the design of the signalized intersection with District
staff.
12. Locate an east/west road 400 -feet south of Overland Road: locate driveways on the cast/west
roadway a minimum of 50 -feet from a public street intersection. The traffic circle within the
roadway shall be constructed to provide a minimum of 29 -feet wide street section around the
traffic circle. A YIELD sign shall be installed at all approaches into the island and a directional
island shall be constructed in the street approaches to the traffic circle to guide motorists in the
proper direction. The pedestrian crossings shall be located at the intersection to improve
pedestrian/vehicular recognition and safety. Coordinate the design of the buffer circle, the traffic
j +1Z „�a r .. -)s;s with District staff.
13. As required by District policy, restrictions on the width, number and locations of driveways,
shall be placed on future development of this parcel.
Resolution Subdivision
Page 10
MAY 09 '00 14::36 PAGE.11
MERIDIAN PLANNING AND ZONING COMMISSION MEETING — APRIL 11, 2000
The regular scheduled meeting of the Meridian Planning and Zoning Commission was
called to order at 7:00 p.m. by Chairman Keith Borup.
MEMBERS PRESENT: Keith Borup, Sally Norton, Kent Brown, Tom Barbeiro, Richard
Hatcher.
OTHERS PRESENT: David Swartley, Bruce Freckleton, Brad Hawkins Clark, Christie
Richardson, Ray Voss, Will Berg.
Borup: Good evening ladies and gentlemen. We'd like to begin the Planning and
Zoning Commission meeting regular scheduled meeting for Tuesday April 11th. First
item is minutes from the March 14th meeting. Any comments, questions, additions on
the minutes. Does that mean no.
Barbeiro: Mr. Chairman I wish to make a motion that we approve the minutes from the
March 14th meeting as submitted.
Norton: I second.
Borup: All in favor.
MOTION CARRIED: 3 AYES, 1 ABSTAIN
Borup: Item number 1 and 2 is tabled from the previous meeting. Items 3,4,5,6 are
continued public hearings all on the same project. I'd like to hear a staff report first on
the status. We continued awaiting the ACHD report, which we have not received. Brad
have you got some update on that.
Hawkins Clark: Yes Commission Borup and Commissioner's, the first two items as you
know, you closed the public hearings. The others, particularly the plat, was continued
for the purpose of receiving the Ada County Highway District report. Our department
spoke with Ada County Highway District this afternoon and they have requested that,
number one, the packet that you received that had the draft ACHD staff report be
omitted and not entered into the record. There was some mistakes and confusion on
that. Number two, the date for the resolution ACHD commission meeting was set for
tomorrow night. That has been moved off of tomorrow nights agenda. There has not
been a new date set. They are in the process, I understand, of working with the
developer on several major issues related to the road widening and other issues of
dedication and such. Those discussions are happening with ACHD staff and the
developer and a revised report has not been submitted for your consideration.
Borup: Thank you. Any questions from the Commissioner's. Brad, do you know
whether the developers representative is here tonight.
Meridian Planning and Z—;ng Commission Meeting
April 11, 2000
Page 2
Hawkins Clark: I believe Becky Bowcutt from Briggs Engineering did call. I did not
speak with her but she did call and state she was not coming. There may be someone
else present. I don't know.
Borup: Before we open the hearing, is there any one here representing the application?
Thank you. Commissioner's in light of the fact that these were continued for a specific
purpose, receiving the ACHD report, is there any motion you'd like to make. I think we
could deal with all six items probably in one motion.
Norton: Mr. Commissioner. Does staff know when we'd get a ACHD report.
Hawkins Clark: We do not.
Norton: Mr. Chairman, can we state a meeting date which we could continue this.
Borup: If we continue, it would need to be to a date certain.
Hatcher: Are there standard scheduled meetings now.
Borup: Not yet. I don't think—we won't have anything from ACHD in 2 weeks any way.
Hatcher: I make a motion then that we take the first six items on our agenda and
continue them until our regularly scheduled meeting which would be May 9th.
Barbeiro: I'll second the motion.
Borup: Motion and second to continue items 1 through 6 for May 9th meeting. Any
discussion. All in favor?
MOTION CARRIED: 3 AYES, 1 ABSTAIN
Borup: All right, nine minutes after and we've gone through 6 items.
Norton: Would it be possible to move number 15 up next as the applicant had
submitted a letter.
Borup: I think the applicants letter was submitted concerned that it might be bumped
from the agenda, was my understanding. I think out of fairness to the other applicants
maybe lets at least take the next two and then and then discuss that. That sound all
right.
Meridian Planning and Zo^vtg Commission Meeting
April 11, 2000
Page 3
Berg: Mr. Chairman and members of the Commission, the concern about moving items
different from what the agenda, we as an agency we publish our agenda and people get
in their heads trying to figure out a time they need to be there, so we just got to be a
little bit of leery of moving them too far without the public trying to out guess the time
frame. I try to discourage to out guess what the decisions of the commission might be
but they still try to do that. I think it is a good idea to maybe to try to not push some
things real early if they are late on the agenda unless we can get that notice out a little
bit earlier to the public.
Borup: I think we make sure the items heard tonight one way or the other without going
all night.
Brown: Just for the audience to understand, I'd like to make a statement about what our
purpose is here. We are a voluntary body. We are not elected. We are just citizens
like yourselves. Hopefully that will bring a few more smiles then what I see out there
tonight. We are just residents of the City of Meridian and the area of impact, just like
you are. We volunteer our time to come down here and make recommendations to the
City Council. Our decisions are only recommendations to the Council. They are the
decision making body. We spend time reading the reports and weighing the information
and hopefully that will make us a little more happy in this meeting. I understand that
everybody has their own kingdoms in which they live and hopefully we can do the best
for the City of Meridian. Thank you.
7. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE
PERMIT FOR RV SALES, RV RETAIL AND REPAIR ZONED I -L BY MAPLE
GROVE R.V.-2490 W. FRANKLIN ROAD:
Borup: Brad, have you got anything additional. I think we received a revised plat which
is what we requested from last time.
Hawkins Clark: Yes Commissioner. Not a plat but a site plan should have been
received right. This was continued from the April 3�d meeting. It is my understanding for
two reasons. One was to obtain a revised plan per the staff recommendations and then
the second was for the variance application regarding the paving. There was—you
should have in your packets a March 27 letter from our fire Marshall and Chief, Skip
Voss and Kenny Bowers dated March 27 regarding this project as well as an April 6th
letter from Matthew Dugan. Just for the benefit of the audience the cross hatched on
the screen is the property subject property. The revised plan dated April 6th which you
should have, does address most of the staff comments that we had. They are providing
a 30 foot landscape setback instead of the 35, but giving the situation of the building on
Franklin and here is the—actually we do not have the revised site plan available for you
on the slide. It was not provided in 8-1/2 by 11 so apologies for that. The fencing, they
are providing solid wood only in the rear storage area. Staffs initial aim on that was to
see fencing on the site, but that would be a commission decision as to whether or not
Meridian Planning and Zoning Commission Special Meeting
March 22, 2000 --
Page 5
Did you have something new?
Bartell: Yes. In the mornings and in the evenings Overland—
Borup: Something pertaining to the annexation. This annexation has no buildings no
roads. It is not going to effect traffic.
Norton: I move that we close the public hearing.
Barbeiro: I will second the motion.
Borup: All in favor?
MOTION CARRIED: ALL AYES
Borup: In light of that fact maybe we might want to discuss a little bit where we might
want to head. We do not have the ACHD report. It would be my anticipation that we
will probably be continuing the other hearings without the ACHD report. That has been
our practice in the past. Do the Commissioner's confer. Okay. Then, also keeping
consistent with our preference to submit all applications to City Council together. The
best option here is to table Item number 1. The attorney feels that the discussion
should take place right prior to the vote. If we vote on it tonight, within 45 days it needs
to get to City Council. That time frame may work out or we may have a situation where
it go to City Council prior to us acting on the balance of the items. I was saying we had
a couple of options but probably tabling it is the most viable, if the other Commissioner's
agree.
Barbeiro: Would that be necessary we go through a motion to table this. I wish to
motion that we table Item number 1 request for annexation and zoning of 16.119 acres
from RT to CN for proposed Resolution Business Park to our next regularly scheduled
meeting of April 11tH
Norton: I second.
Borup: Motion and second, any discussion. All in favor.
MOTION CARRIED: ALL AYES
Borup: Thank you.
2. PUBLIC HEARING: REQUEST FOR REZONE OF 37.64 ACRES FROM R-4
TO LO FOR PROPOSED RESOLUTION BUSINESS PARK BY G.L. VOIGT
DEVELOPMENT/OVERLAND, LLC—OVERLAND AND LOCUST GROVE
ROADS:
Borup: Mr. Hawkins Clark, do you have a report for us.
Meridian Planning and Z � ig Commission Special Meeting
March 22, 2000
Page 6
Hawkins Clark: Yes Commission. Again the application before you we do request that
our staff report dated March 20 comments be incorporated into your action. On the
screen is the subject property. It is currently zoned R-4 and they are requesting to
rezone it to an L0, which is a limited office zone. As stated it is 37.6 acres. It is
bounded on the west by the Hunter Lateral and goes to the half section line. Here is a
photo of looking at the property, looking west. Staff does concur limited office zone
allows for a combination of uses and the planned development commercial project
which is going to be proposed later this evening, does comply and does fit with the
limited office zoning. We would concur with the rezone request.
Borup: Any questions from the commission. Miss Bowcutt.
Bowcutt: Becky Bowcutt, Briggs Engineering. 1 am representing G.L. Voigt
Development with this application. There is some history behind this particular parcel. I
believe it was 1996, 1 think it was, 96, 97 we came before the City of Meridian and
asked for annexation and zoning of this property to an R-4 designation which is a single
family designation. Accompanying that rezone and annexation application was a
preliminary plat and it had as I recall, 380 some homes that were proposed. Will might
correct me. It was something around that approximately. We got approval and one of
the problems that we saw was the fact that we needed to find a way to get that sewer to
the south side of Overland road. At that point of time the sewer was not available. We
debated on what to do with the property and just shortly before the preliminary plat was
going to or approval was going to lapse, the Meridian School District came to us and
stated that they wanted to purchase the 54 acres in the southern portion for a high
school site. They had found a site south of Victory, were very close to closing it and it
had fallen through at the last moment and that they had monies that needed to be spent
to acquire land for the next high school. So, the property was sold to the school district.
One of the conditions that they or that was discussed prior to that sale was the fact that
we would not put single family dwellings north of the school site. They were very strong
in their argument that they did not want to create another Borah High School situation
where you have a large number of high school kids cutting through, driving through
single family residential neighborhoods. We agreed that when we got ready to develop
the property we would not develop a single family. I asked them specifically what type
of uses would be able to co -exist with the high school and its traffic and any of the
adverse effects that come along with it. They stated multi family would be acceptable or
office or some limited retail—something along that line would be satisfactory. That is
one reason we are at the point that we are at asking for this to be rezoned to LO. We
choose the limited office zone because it allows the uses that we are proposing along
with the planned unit development. The LO zone for this parcel would be the same as
the CN where you have to have a conditional use permit for every single use on the
property. We know some of our users. We know that this is one of users, the
apartment complex. The ice arena. That is one of our known users and then the LDS
Seminary, that is one of our other users that are know. As far as these users, we don't
know who they will be. We have estimated that we for see this as kind of being a little
bit of a satellite for St. Luke's Hospital. Maybe some of their suppliers would have a
Meridian Planning and Zr" ig Commission Special Meeting
March 22, 2000
Page 7
combination of office, small warehouse use. Those are typically pretty good users
because they generate less traffic then let's say the commercial activities. We think that
the LO zone is appropriate. We have agreed to enter into a development agreement
and as I've stated everything will be a conditional use permit. If there was a particular
use that you found unacceptable, this body and the council would have the ability to
deny that. The public again would have an opportunity to express their opinion. Lastly,
I would just like to state one thing. We agree with the Commission on deferral of all of
our applications this evening. We would not feel comfortable moving forward on any of
these applications until the highway district has completed their analysis. They are
behind schedule. They've lost a staff member. It has caused some backlog, so we
really can't hold them responsible for the delay. We accept it. One thing I would like to
state is as Commissioner Borup indicated, the highway district at this point of time
finances these roadway improvements in arrears. That means, until these monies are
generated through some type of development, they don't have any dollars. Eighty five
percent of their capital creating additional road capacity is coming from impact fees at
this time and then 15 percent is coming from (inaudible) and taxes. That is the data that
I received from the traffic engineers that deal with the highway district on a regular
basis. This project is not going to be built immediately. It is a 7 year, maybe 10 year
project, who knows. It is a large project. They are usually typically phased. One
building at a time. The Century Landmark Center, is a lot bigger than this. Our firm did
that Subdivision and the conditional uses that went along with it. For many, many years
it was built and vacant and the first user was the Bureau of Land Management and then
as our economy started to heat up, and the Wal-Mart went in, then it started to take off.
This obviously does not have the high traffic volumes that you find at Overland Road
and the Cole Overland interchange, but my point is it is going to be a phase thing. We
want to get those improvements in there. We have talked to the highway district and
asked them to try to think ahead because sometimes they think in the short term and
they think yeah, we've got five year to go in and fix this. I made them aware of the fact
that the Meridian School District this fall will be coming before the voters for bond issue.
That bond issue is going to include that high school. They have informed me that if that
bond is successful, they will begin construction in 2001 because they anticipate that
they will need this school in the short term. Eagle High School population has
increased at a greater rate than what they anticipated. That is obviously going to
accelerate the need for signalization, road widening. They bumped Overland Road up.
It was designated as a 3 lane. They have bumped that designation up to a 5 lane
arterial and when I spoke with the highway district about was let's look at doing some
type of a partnership. What can we do with this mile between Locust Grove and Eagle
Road. Can we do our part—we are a half mile long—then you do the other half mile
and work together to get signalization and so forth. What can we do. They said yes, we
think that is a good idea. Now that we know that that school is going to go in there
shortly, we are going to have to take a hard look at that. So that is where we are trying
to head. Whether that's what Ada County Highway District Commission will endorse, I
can't say and we won't know until we come back before you. But that's what we are
trying to do. We are not trying to go out and build this thing out on a two lane section
line roadway. Thank you.
Meridian Planning and Z — ig Commission Special Meeting
March 22, 2000
Page 8
Barbeiro: Becky, in my discussions with the Meridian School District, they anticipate
the school to be open Fall 2002. Can you guess about how much of this development
may fill in at the time the school would open.
Bowcutt: I would probably —obviously the ice arena that is planned for hopefully
construction this year. That would be a nice service for that high school site. You may
see some spin off, something like arcade or something like that, maybe a deli,
something that could service these high school kids. I don't think your going to see a lot
of heavy commercial. We are not seeing that out at Eagle High School out on highway
44 and Clark. Those kids are still driving into the City of Eagle. It may generate some
uses but I don't see it becoming Burger King, McDonalds, Dairy Queen. It is not going
to be like the interchange. Overland Road has like eleven thousand two hundred fifty
trips a day. If they are located over at Eagle Road and the interchange, they can have
30 some thousand cars come by.
Barbeiro: So if you had to guess you would say that at the time the school opened, we
would see for instance the one development there, the ice rink and maybe two or three
other buildings.
Bowcutt: Possibly. The multi family users, the apartment complex, would like to build
their first phase or begin construction on their first phase 2001. That is a 2 phased
project.
Borup: Thank you. We would like to invite anyone from the public again. This is the
same situation as the previous hearing. This application is for a rezone. It is all ready
part of the city limits so they are not asking for annexation and we will be getting to the
meat of some of the other things on the next one. Any testimony on this rezone
application. Okay, thank you. Commissioner's?
Barbeiro: I wish to make a motion to close the public hearing.
Norton: I second.
Borup: All in favor?
MOTION CARRIED: ALL AYES
Norton: Mr. Chairman, I'd like to request that we table the rezone of 37.64 acres from
R-4 to LO for proposed Resolution Business Park by G.L. Voigt Development.
Barbeiro: I second the motion.
Borup: All in favor?
MOTION CARRIED: ALL AYES
MERIDIAN PLANNING & ZONING MEETING: March 22, 2000
APPLICANT: G.L. VOIGT DEVELOPMENT ITEM NUMBER: 2
REQUEST: REZONE OF 37.64 ACRES FROM R-4 TO LO FOR PROPOSED RESOLUTION BUSINESS
PARK
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING & ZONING DEPT.
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WASTEWATER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
COMMENTS COMING
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
BUREAU OF RECLAMATION:
INTERMOUNTAIN GAS:
SANITARY SERVICE:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
MAYOR
Robert D. Come
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
►—� HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • Fax 888-6854
MEMORANDUM: March 20, 2000
To: Planning & Zoning Commission/Mayor & City Council VC E TV
From: Bruce Freckleton, Senior Engineering Technician MAR 2 0 2000
Brad Hawkins -Clark, Planner3+1C City of Meridian
Christy Richardson, Planner Citi Clerk Offiec.
Re: - Request for a Annexation and Zoning of 16.1 Acres from R -T to C -G by
Overland, L.L.C. (File AZ -00-004)
- Rezone of 37.6 Acres from R-4 to L -O by G.L. Voigt (File RZ-00-003)
- Preliminary Plat of 107.06 Acres by G.L. Voigt (File PP -00-006)
- Conditional Use Permit for a Planned Commercial Development
(RESOLUTION PLAZA) consisting of Multi -Family, Commercial, Office
and LDS Seminary in the proposed L -O and C -G Zones (File CUP -00-017)
- Conditional Use Permit for a 200 Unit Luxury Apartment Complex by Desert
West Properties, L.L.C. (File CUP -00-015)
- Conditional Use Permit for a 86,160 Square Foot Ice Arena by Pat McKeegan
(File CUP -00-016)
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
APPLICATIONS SUMMARY
There are six (6) separate applications covered in this report, each addressed separately after the
summary. Five of the applications are associated with two parcels and propose a Planned
Commercial Development (PD -C), generally located at the SE corner of Overland and South
Locust Grove Roads. The sixth application (preliminary plat) also includes a 55 -acre parcel to
the south of the PD -C owned by the Meridian School District and site of a future high school.
The PD -C proposed uses include retail, office, an LDS Seminary, a 1,430 -seat ice hockey arena
(two rinks), a daycare and a 200 -unit luxury apartment complex. The annexation application
applies only to the 16 -acre parcel west of the Hunter Lateral. The rezone application applies only
to the 37.64 -acre parcel south of Overland and east of the Hunter.
Since ACHD has not yet submitted a report on the Preliminary Plat or three (3) CUP
applications, Staff is recommending these four (4) applications be continued or tabled.
AZ -00-004, RZ-00-003, PP -00-006
Resolution Plaza. AZ.RZ.PP.CUP.doc
CUP -00-017, CUP -00-016, CUP -00-015
Mayor, Council and P&'-."
March 20, 2000
Page 2
LOCATION
The property is generally located at the SE corner of Overland Road and South Locust Grove
Road with approximately %2 mile of frontage along Overland. The future high school parcel is
currently land -locked and directly south of the 36 -acre parcel.
SURROUNDING PROPERTIES
North - R.V. park, Cesco (John Deere), Transport, Truck & Trailers, future location of Treasure
Valley Music, and two vacant parcels. All are zoned C -G (Meridian).
South - An LDS church is currently being constructed on the Ada County parcel immediately
south of the Overland, LLC parcel fronting on Locust Grove. Rim View Subdivision, zoned R1
in Ada County, is south of the church. Raven Hill and Los Alamitos Subdivision, zoned R4
(Meridian), lie south of the school parcel.
East - Several large, vacant parcels currently in agricultural use are east of the subject parcels.
All are zoned RT (Ada County).
West - Several phases of Sportsman Pointe Subdivision, zoned R4, lies across Locust Grove
Road to the west. There is also an unplatted, triangular shaped parcel at the SW corner of the
intersection that is not in City limits, zoned RT (Ada Co.), with a single family residence.
CURRENT OWNERS OF RECORD
Gary L. Voigt is the property owner of the 37.6 acre parcel. Craig Groves and Greg Johnson
(Overland LLC) are the owners of the 16.1 acre parcel. Meridian Joint School District No. 2 is
the owner of the 55 acre parcel. All owners have submitted consent to be a part of these
applications.
GENERAL COMMENTS/OVERVIEW (All Applications)
1. The 1993 Meridian Comprehensive Plan was amended by Resolution #266 (File CPA -99-
005) for the Voigt and Overland LLC parcels from Single Family Residential to
Mixed/Planned Use Development on 11-16-99 by action of the City Council. Under the
amended Mixed Use designation, the proposed uses are permitted.
2. The applicant has proposed a tentative phasing plan consisting of four levels of priority:
Phase I - Ice Hockey Facility (Construction anticipated in year 2000)
Phase II - Apartment Complex Site `B" (Construction anticipated in year 2001)
Phase III - Office/Retail Site "C" (Schedule dependent on tenant sales)
Phase IV - Commercial/Office Site "A" (Applicant anticipates that this corner will
not develop until the Locust Grove overpass is constructed.)
NOTE: The Final Plat must be recorded prior to issuance of any building permits or Certificates
of Zoning Compliance.
3. The Meridian School District will be a party to the preliminary plat at the City's request. The
Meridian School District does not support nor oppose the Resolution Plaza project. It should
be noted that the School District plans a High School on their 54.99 acre site. Development
of the school site is contingent on a bond issue. The school district has indicated that a bond
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ.RZ.PP.CUP.doc
Mayor, Council and P&."'
March 20, 2000
Page 3
issue for the high school will be submitted for a vote in the fall of 2000. If approved,
construction of the school will take place in 2001.
4. On July 19, 1999, the APA (COMPASS) Board of Directors moved the proposed Locust
Grove/I-84 overpass from the Destination 2020 Plan (soft projection) to the Transportation
Improvement Plan (hard planning document). APA projects a dramatic increase in traffic for
South Locust Grove when the overpass is constructed and they support a transportation
management plan be developed for this project to coordinate the commuter needs of future
residents and employees.
GENERAL REQUIREMENTS (All Applications)
Any existing irrigation/drainage ditches crossing the property to be included in this
project shall be tiled per City Ordinance. The ditches to be piped should be shown on the
site plans. Plans will need to be approved by the appropriate irrigation/drainage district,
with written confirmation of said approval submitted to the Public Works Department.
No variances have been requested for tiling of any ditches crossing this project.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance. Wells may be used for non-
domestic purposes such as landscape irrigation.
3. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
4. Paving and striping shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
5. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer for all off-street parking areas. All site
drainage shall be contained and disposed of on-site.
6. Outside lighting shall be designed and placed so as not to direct illumination on any
nearby residential areas and in accordance with City Ordinance Section.
7. All signage shall be in accordance with the standards set forth in the City of Meridian
Zoning and Development Ordinance. No temporary signage, flags, banners or flashing
signs will be permitted.
8. Provide five -foot -wide sidewalks in accordance.with City Ordinance.
9. All construction shall conform to the requirements of the Americans with Disabilities
Act.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ. RZ. PP.CUP. doc
Mayor, Council and P&'"-'
March 20, 2000
Page 4
ANNEXATION & ZONING REQUIREMENTS (File AZ -00-004)
l . The legal description submitted in the application appears to meet the requirements of the
City of Meridian and State Tax Commission. The parcel is contiguous to the existing
corporate city limits of Meridian.
2. Staff agrees with the Applicant's forecast that the Overland/Locust Grove area will
become a major intersection, especially with the construction of the I-84/Locust Grove
overpass. Staff also agrees that neighborhood commercial services are needed in this area
to service the existing residential subdivisions and proposed apartment complex
residents. However, we do not support the proposed C -G zone. Staff recommends a
lower -intensity commercial zone Neighborhood Commercial (C N). All of the proposed
uses listed in item #10 of the application (retail,, day care, and office) are permitted either
outright or with a CUP in both the C -N and C -G. But there are several uses permitted in
the C -G that are prohibited in the C -N, including auto repair, service stations, hotels,
truck stops, heavy equipment sales and auto sales lots. Given the previously stated
concerns of the Sportsman Pointe and Los Alamitos residents and the increased number
of children in the apartment complex, Staff feel the down -zoned C -N is a more
appropriate zone and will adequately meet the development intentions of the Applicant.
3. The subject lots can be adequately served by public facilities, and the proposed uses will
allow for orderly expansion of the city limits.
4. A Development Agreement will be required as a condition of annexation
Annexation Recommendation
Staff recommends approval of the annexation but denial of the requested C -G zone. We
recommend C -N zoning.
REZONE REQUIREMENTS (File RZ-00-003)
The legal description submitted in the application appears to meet the requirements of the
City of Meridian and State Tax Commission.
2. Staff agrees with the proposed Limited Office (L -O) zone. It is the most appropriate zone
for the proposed mixed uses within the Planned Development.
The subject lot can be adequately served by public facilities, and the proposed uses will
allow for orderly expansion of the city limits.
4. A Development Agreement will be required as a condition of rezone.
Rezone Recommendation
Staff recommends approval of the rezone with the requested L -O zone.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP-oo-015
Resolution Plaza. AZ. RZ.PP.CUP. doc
Mayor, Council and P&:'
March 20, 2000
Page 5
PRELIMINARY PLAT GENERAL COMMENTS (File PP -00-006)
1. Submit letter from the Ada County Street Name Committee, approving the subdivision
and street names. Make any corrections necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
3. Assessment fees for water and sewer service are determined during the building plan
review process. Applicant shall be required to enter into a Re -Assessment Agreement
with the City of Meridian for all commercial uses. An assessment agreement is a vehicle
that protects the City of Meridian and the Developer in the event that estimated
assessments are not in line with actual usages. The agreement provides for
reimbursement to the developer for over payment of assessments and payment to the City
of Meridian of any shortfall in assessments. The overpayment/shortfall is determined
after adequate historical usage.
PRLIMINARY PLAT REQUIREMENTS (File PP -00-006)
1. Sanitary sewer service to this site will be via extensions from the Five Mile Trunk that is
currently under construction by this applicant. Applicant will be responsible to construct
the sewer mains to and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. Sewer manholes
are to be provided to keep the sewer lines on the south and west sides of the centerline.
2. Water service to this site will be via extensions from newly constructed mains under the
interstate, and from extensions of existing mains installed in adjacent developments.
Applicant will be responsible to construct the water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Please provide the Public works department with information on
anticipated fire flow and domestic water requirements for the proposed site. Water
service to this development is contingent upon positive results from a hydraulic analysis
by our computer model. Flow and pressure from the existing mains should be monitored
with the Meridian Water Department.
3. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
4. Underground year-round pressurized irrigation must be provided to all landscape areas on
site. Please submit hook-up and design details based on the proposed landscaping. Due
to the size of landscaped area, primary water supply connection to the City's mains will
not be allowed. Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source, developer shall
be responsible to pay water assessments for the entire common open area.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ,RZ.PP.CUP.doc
Mayor, Council and P&7
March 20, 2000
Page 6
5. Applicant has not indicated whether the pressurized irrigation system within this
development is to be owned and maintained by an association or the Nampa & Meridian
Irrigation District. If the system is being proposed as a private system, plans and
specifications for the irrigation system shall be reviewed by the Public Works
Department as part of the development plan. review process. A draft copy of the
pressurized irrigation system O&M manual must be submitted prior to plan approval. The
City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. If a creek or well source is not available, a single -point connection to the
culinary water system shall be required. If a single -point connection is utilized, the
developer shall be responsible for the payment of assessments for the common areas prior
to signature on the final plat by the Meridian City Engineer. If City water is proposed as
a secondary source, developer shall be responsible to pay water assessments for the entire
common open area.
6. Show all existing easements for irrigation/drainage facilities located within the
boundaries of this proposed development (i.e. Hunter Lateral easements).
7. Detailed landscape plans for the Overland Road and Locust Grove Road landscape
frontage buffers and for street landscaping along Millenium Way and Celebration
Avenue shall be submitted for review and approval with submittal of the Final Plat
application. This requirement does not include interior lot landscaping. Interior
landscaping will be dealt with on a site by site review basis with future CUP applications.
A letter of credit or cash surety will be required for the improvements prior to signature
on the Final Plat.
8. Staff recommends the Overland and Locust Road landscape buffers be platted as separate
common lots within the subdivision and maintenance be the responsibility of the
Development Committee/Association. The draft CC&Rs submitted with the application
states each separate lot owner in the subdivision will be responsible for construction,
installation and maintenance of landscaping on each building site. By placing
responsibility for the arterial landscape buffers with a single entity (the Association),
greater consistency of design and maintenance may be achieved. At a minimum, the
landscape buffers shall be placed within a permanent landscape easement designated as
such on the plat. No easements are currently shown.
9. Six -foot -high, permanent perimeter fencing shall be required along the eastern boundary
of Lot 1, Block 3, and Lot 2, Block 1, and along the southern boundary of Lot 15 & 16,
Block 1. Submit detailed fencing plans for review and approval with submittal of the
Final Plat. All required fencing is to be in place prior to issuance of building permits.
10. The Applicant is proposing to construct a fence along the east boundary of the Hunter
Lateral. Staff recommends the Lateral be piped and no fence constructed. Given the
close proximity of the proposed 200 unit apartment complex, High School, and Daycare,
staff recommends the applicant be required to comply with Ord. 12-4-13 (Piping of
AZ -00-004, RZ-00-007, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ.RZ,PP.CUP.doc
Mayor, Council and P&Z�
March 20, 2000
Page 7
Ditches). The City required the developers of Raven Hill and Los Alamitos subdivisions
(upstream from subject site) to tile the Hunter and see no reason this site should receive
an exemption from the piping ordinance.
11. Applicant shall provide a vehicular access across the Hunter Lateral from the proposed
apartment complex (Site "B") to the proposed Office/Retail area (Site "A"). The purpose
of this connection is to minimize the vehicular impact on Overland Road and to provide
an internal connection to the Daycare and Retail sites. The Transportation Impact Study
submitted by Dobie Engineering, Inc. assumed 20% of the office and day care traffic
would be captured within the complex. However, this capturing cannot take place unless
an internal access road is provided. If a connection is not provided across the Hunter, an
additional 20% of vehicle trips would be added to Overland Road (based on Dobie's
estimations).
12. Applicant has provided the minimum required 35 feet of landscape buffer along Overland
Road, an entryway corridor. Staff agrees. They show 25 feet of landscape buffer along
Locust Grove Road (including the 5 foot wide detached sidewalk). Since Locust Grove is
not listed as an entryway corridor, Staff supports the 25 -foot buffer width for this arterial.
At a minimum, the Overland Road landscape buffer must be completed from the eastern
property boundary to 30 feet west of Millenium Way prior to issuance of certificate of
occupancy for any building within the subdivision.
13. Applicant is proposing a 30 -foot wide private road (Y2K Lane) to serve Lot 6 and 8,
Block 1. Applicant should explain the purpose for the private classification and whether
or not sidewalks will be provided. All private roads must approved by the City Council.
Staff questions the intent of the private classification, particularly when this will be the
first drive providing access into the site for eastbound traffic on Overland and will likely
be heavily used. If approved, Staff recommends 5 -foot sidewalks be provided on at least
one (1) side of the road.
Preliminary Plat Recommendation
Staff recommends approval of the preliminary plat with the following conditions: a) additional
fencing is provided, b) the Hunter Lateral is tiled, c) provide a single vehicular connection across
the Hunter Lateral, and d) landscaping is provided and constructed per item #12. Until the City
receives a copy of the ACHD report, the public hearing should be continued.
CUP (PUD/COMMERCIAL) REQUIREMENTS (File CUP -00-017)
1. As part of a conditional use permit, the City of Meridian may impose restrictions and
conditions in addition to current City Ordinances.
2. This Conditional Use Permit is for the overall concept only. Future phases of the project
will require separate Conditional Use Permits for each phase and each must substantially
comply with the final approved Concept Plan.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CAP -00-016, CUP -00-015
Resolution Plaza. AZ. RZ. PP.CUP. doe
Mayor, Council and P&Z
March 20, 2000
Page 8
n
3. Conceptually (based upon the submitted Overall Preliminary Site Plan dated 2-01-00),
staff believes the project is in accord with the purpose of Planned Developments as
outlined in the Subdivision & Development Ordinance. The mixed residential, office,
recreation and retail uses meet the intent of the Comprehensive Plan and should
contribute to a reduction in traffic in this area.
4. Planned Development Regulations: As a mixed/planned use development, the Resolution
Plaza development must comply with the following sections of the subdivision
ordinance: 12-6-4 Procedures for Planned Developments, 12-6-6 General Regulations for
Planned Development, and 12-6-7 General Standards for Planned Developments. In
addition, residential areas must comply with 12-6-8-A Design Standards for Planned
Development -Residential. All commercial and office uses must comply with 12-6-8-B
Design Standards for Planned Development -Commercial.
5. Colored Rendering: Colored renderings of the development must be submitted prior to
the City Council meeting to meet the intent of Section 12-6-4 of the PD ordinance.
6. Open Space: All Planned Developments (PD) are required to have at least 10% of the
gross land area of the PD as common open space as 12-6-7-E-5. The total common open
space calculation for Resolution Plaza is shown separately on Sheets 1-3 (Sites "A" —
"C"). Site "A" is 4.53 acres (1.44 required), Site `B" is 5.29 acres (1.45 required), and
Site "C" is 4.10 acres (1.86 required). These calculations include landscape buffers and
islands. Standard practice has been that residential PD's cannot count required buffers
and landscape setbacks toward the 10% open space requirement, but commercial PD's
have been allowed to count it.
Total gross site acreage for the Resolution Plaza project is 47.04 acres (excluding public
rights-of-way). 10% open space would be 4.7 acres. The minimum amount of open space
has been met. All open space delineated as common open space must meet all standards
of 12-6-7-E.
7. Parking: The matrix below summarizes the total off-street parking counts for the
conceptual PD -C:
Site / Use
Parking Proposed
Parking Required
Site "A"
- Retail pads N of first driveway (3)
257
250
- Retail & office pads b/w driveways (2)
183
181
- Office & day care pads S of second driveway
189
100 (est.)
Site "A" Total
629
531
Site `B" (Apartment complex)
553*
460 (2.3/d.u.)
Site "C"
- Retail & office pads on Y2K Lane (2)
156
151
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaaza.AZ.RZ.PP.CUP. doc
Mayor, Council and P&Z^."
March 20, 2000
Page 9
- LDS Seminary
- Office buildings S of Gala St (2)
- Retail & office buildings N of Gala St
- Ice Arena
r•.
17 20 (est.)
129 98
317 287
278 286 (1/5 seats
*The Applicant is proposing 152 tandem parking spaces for the complex. The P&Z
Commission discouraged tandem parking for a proposed apartment complex of similar
size in October 1999 (Valerie Heights). If the tandem parking is subtracted from the total
parking spaces, their total provided would be 401 spaces.
On the Site "A" plan, a row of parking is proposed along the south edge of the north
driveway and along both the north and south edges of the south driveway with no
separation. Given the likelihood of these private driveways receiving high volumes of
traffic at build -out (functioning more as public roads), Staff feels this design would be
unsafe and should be relocated. The first parking stalls are less than 40 feet from the
property line and vehicles backing out of the stalls into the drive aisle will likely be a
hazard for vehicles entering the site off Locust Grove.
The proposed Ice Arena seats a total of 1,430 people. Technically, the Applicant meets
City ordinance, which is based on one stall for every 5 seats. If one assumes the arena
will utilize the parking north of Gala Street for evening events, an additional 317 stalls
could feasibly be added to serve the arena, providing a total of 595 stalls. The Applicant
should provide more detail on the hours of operation for the ice arena and their
experience with other similar venues and whether or not both rinks will be used
simultaneously.
8. Parking Lot Landscaping: Landscape islands serving a single row of parking shall have
one tree. Islands serving a double row of parking shall have two trees. A minimum of
one 3" caliper tree per 1500 square feet of asphalt (including driveways connecting from
the loop road) is required per City Ordinance.
9. Streets and Circulation: Staff agrees with the proposed stub road (Gala Street) to the east,
unplatted property. As stated in the Preliminary Plat comments, we recommend access be
provided internally with a connection between Sites "A" and `B". There is a conflict
between the Concept Plan and Plat for the Seminary site. The plat proposes a flag lot for
Lot 4, Block 1 (the proposed 19,648 s.f. office building), with the flag serving as the
driveway. However, the Concept Plan shows the seminary utilizing the flag driveway, not
the office. Staff does not disagree with the design, but it should be noted for future cross
access agreements.
10. Signage: The Applicant submitted a letter from Idaho Electric Signs regarding signage
for the apartment complex and a letter from Patrick McKeegan outlining intent for the ice
arena signage. The monument signs shall not exceed 70 s.f, All signage throughout the
PD -C shall be coordinated and complement building materials and themes. This applies
to all future buildings.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ.RZ.PP.CUP.doc
Mayor, Council and P&Z
March 20, 2000
Page 10
11. Storage Areas: Per Ordinance 12-6-8.A.1, Storage areas shall be provided for the
anticipated needs of boats, campers, motorhomes, and trailers. No such areas are
designated on the Site Plan. Applicant shall either provide a storage area adequate to
serve every two (2) living units or provide evidence that storage needs can be met
through an alternative method.
12. Maintenance Building: A maintenance building or approved area shall be provided that is
suitable for the services required for the repair and maintenance of all common areas as
per Section 9-607.H.3.
13. Trash Enclosures: No trash enclosures are shown on the Conceptual Site Plan. Staff
recommends all such areas be situated outside of view from either Overland or Locust
Grove Roads. Applicant shall coordinate locations and construction requirements of the
required trash enclosures with Meridian Sanitary Service, Inc., and provide a letter of
approval from their office when applying for a Certificate of Zoning Compliance.
14. Hours of Operation: No details of hours of operation are provided. For the future CUP
applications, all office and retail uses should be harmonious with the apartment complex
and residential homes to the west.
15. Alternative Transportation Options: At build -out, this site will serve as a principal center
of employment for the east Meridian/west Boise area. While Boise Urban Stages does not
currently service Overland Road, it has the potential to be a likely destination point for
mass transit in the future. Staff strongly recommends an area be designated and/or
preserved on the Concept Plan for a future bus stop. We also recommend the inclusion of
bicycle racks at all office and retail buildings and the ice hockey arena.
16. All conditions placed on this application shall run with the land and shall not lapse or be
waived as the result of any change in tenancy or ownership of any or all of the lands
governed by this CUP application. All such conditions shall be deemed the requirements
for the issuance of a Certificate of Occupancy for any use or structure as per City
Ordinance.
17. Applicant shall utilize the Ada County Highway District design standards for the private
street within this development, with the exception of width requirements. Street designs
shall be reviewed and approved by the City of Meridian Public Works Department.
PD -C Recommendation
Staff recommends approval of the concept plan with the above conditions. The hearing should be
continued until ACHD submits a report.
AZ -00-004, RZ-00.003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza, AZ.RZ.PP. CUP.doc
Mayor, Council and P&Z^
March 20, 2000
Page 11
CUP (APARTMENT COMPLEX) REQUIREMENTS (File CUP -00-017)
1. All requirements provided in the PD -C section that apply to Site "B" (apartment complex)
shall be incorporated here.
2. The Applicant is proposing to construct the complex in two (2) phases, with the first phase
consisting of approximately 140 units and the clubhouse. Staff recommends the number of
units constructed in phase 1 be limited to a maximum of thirty (30) dwelling units and that no
more units be granted occupancy until Overland Road capacity is improved.
Overland Road between Locust Grove and Eagle Road is currently a two-lane, non -
signalized arterial. Numerous traffic concerns have been entered into the public record
regarding the capacity of both Overland Road and Locust Grove Road. Traffic was cited as
one of the principal reasons for the City's denial of the proposed Sundance Apartments at the
NW corner of Locust Grove Road and Overland Road last Fall. Dobie Engineering's traffic
study lists Overland Road (east of Locust Grove Road) as having 11,230 vehicles/day in
7/98. Over the past twenty (20) months, this figure has certainly increased; especially
factoring in the new homes built in Sherbrooke Hollows to the south. Dobie's study estimates
1,170 new trips/day to be generated by the apartment complex and 335 new trips/day
generated by the ice arena. The study also projects a Level of Service "F" for the left -turn
outs from all three Overland Road driveways until signals are installed. The study further
assumes the high school, potentially slated for construction in 2001 (which is the same year
as the apartment complex), will generate 3,000 trips/day and 250 peak hour trips.
Overland Road is designated in the Transportation Improvement Program (TIP) as a 5 -lane
arterial with bike lanes to be constructed in 2005. Staff believes that limiting new
development on the subject site, to the Ice Arena and thirty (30) apartments would facilitate a
smoother transition for the neighborhoods and ease the impact on Overland Road until such
time as it is widened and signalized.
3. All applicable Fair Housing and ADA requirements for multi -family housing must be met,
including accessibility design for the ground floor units. Handicap parking shall be provided
to serve the Clubhouse.
CUP (Apartments) Recommendation
Staff recommends approval of the Conditional Use Permit with the condition that only the
clubhouse and thirty (30) dwelling units receive occupancy until Overland Road is improved.
The hearing should be continued until ACHD submits a report.
CUP ("THE POND" ICE ARENA) REQUIREMENTS (File CUP -00-015)
1- All requirements provided in the PD -C section that apply to Site "C" (ice arena) shall be
incorporated here.
2. A minimum of seven (7) handicap accessible spaces must be provided to directly serve this
AZ -00-004, RZ-00-003, PP -00.006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ.RZ.PP,CUP.doc
Mayor, Council and P&Z
March 20, 2000
Page 12
facility. Only two (2) are shown. Revise site plan accordingly.
CUP (Ice Arena) Recommendation
Staff recommends approval of the Conditional Use Permit. The hearing should be continued until
ACHD submits a report.
COMPREHENSIVE PLAN ANALYSIS
The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this
application. The following sections most directly apply to the proposed project and are repeated
here for the Council and Commission's consideration during the hearing process.
Goal 3 is "to encourage the kind of economic growth and development which supplies
employment and economic self-sufficiency for existing and future residents, reduces the present
reliance on Boise and strengthens the City's ability to finance and implement public
improvements, services, and its open space character."
Goal 4 is "to provide housing opportunities for all economic groups within the community."
Goal 8 is "to establish compatible and efficient use of land through the use of innovative and
functional site design."
Economic Development
1.1 The City of Meridian shall make every effort to create a positive atmosphere that
encourages... commercial enterprises to locate in Meridian.
1.3 The character, site improvements and type of new commercial or industrial developments
should be harmonized with the natural environment and respect the unique needs and
features of each area.
Land Use
1.4U Encourage new development that reinforces the City's present development pattern of
higher density development within the Old Town area and lower density development in
outlying areas.
1.8U Promote the development of high-quality and environmentally compatible residential
areas that contain the necessary parks, schools and commercial facilities to maintain and
form identifiable neighborhoods.
2.1 U Support a variety of residential categories (urban, rural, single-family, multi -family,
townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the
City with a range of affordable housing opportunities.
2.2U Support strategies for the development of neighborhood parks within all residential areas.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Pla a.AZ.RZTRCUP.doc
Mayor, Council and P&Z'—"
March 20, 2000
Page 13
2.3U Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
4.8U Encourage commercial uses, offices and medical -care uses to locate in the Old Town
district, business parks, shopping centers and near high-intensity activity areas, such as
freeway interchanges.
6.8U New urban density subdivisions which abut or are proximal to existing rural residential
land uses shall provide screening and transitional densities with larger, more comparable
lot sizes to buffer the interface between the urban level densities and rural residential
densities.
Transportation
1.4U Monitor and coordinate the compatibility of theland use and transportation system.
1.20U Encourage proper design of residential neighborhoods to ensure their safety and
tranquility.
Open Space, Parks and Recreation
2.5U New subdivision development... will be considered as opportunities to ... encourage the
development of recreational open spaces and parks as part of new planned developments.
Housing
1.1 The City of Meridian intends to provide for a wide diversity of housing types ... in a
variety of locations suitable for residential development.
1.4 The development of housing for all income groups close to employment and shopping
centers shall be encouraged.
1.6 Housing proposals shall be phased with transportation, open space and public service and
facility plans, which will maximize benefits to the residents, minimize conflicts and
provide a tie-in between new residential areas and service needs.
1.19 High-density development, where possible, should be located near open space corridors
or other permanent major open space and park facilities, and near major access
thoroughfares.
Community Design
5.2 Ensure that all new development enhances rather than detracts from the visual quality of
its surroundings, especially in areas of prominent visibility.
6.5U Establish land -use designations that reflect the character of existing neighborhoods.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ,RZ.PP.CUP.doc
Mayor, Council and P&Z'_'
March 20, 2000
Page 14
6.11 U Promote well-planned and well -designated affordable housing in all Meridian
neighborhoods.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ. RZ.PP.CUP.doc
BRIGGS Ina
ENGINEERS/ PLANNERS/ SURVEYORS
March 22, 2000
Mr. Brad Hawkins -Clark
Mr. Bruce Freckleton
City of Meridian
200 L. Carlton, Suite 201
Meridian, Idaho 83642
1800 West Overland Road
Boise, Idaho 83705 — 3142
Voice (208) 344-9700
Fax (208) 345-2950
E-mail briggs@micron.net
MAR 2 2 %000
CITE' GFi2�R171-JLLN
Re: Resolution Plaza. (Annexation, Rezone, Preliminary Plat, PUD & Conditional Use Applications)
Dear Brad and Bruce:
This letter is in response to staff comments dated March 20, 2000
General Comments :
1. We are in agreement.
2. The phasing information is correct.
3. The School District information is correct.
4. We would like more detailed information on transportation management plans.
General Re9uircments
l . Internal irrigation and drainage ditches will be piped. The Hunter Lateral adjoining the west
boundary of the Voigt property will be piped. The section of the adjoining Hunter Lateral
which abuts the Meridian School District property will be the responsibility of the District if
piping is required for Lot 1, Block 1.
2. A septic system and two wells presently exist on the property. T'he septic system and residential
well will be removed per City Ordinance. The second well was used for agricultural purposes.
We are exploring the possible use of the well as a secondary pressure irrigation source.
3. The applicant will comply.
4. The applicant wi I I comply.
5. The applicant will provide a drainage plan. A drainage ditch traverses the subject property. The
ditch receives nun -off from the property. We may explore approval to discharge the pre -
development now.
6. The applicant will comply.
7. The applicant will comply.
8. The applicant will comply.
9. The applicant will comply.
01011CityMer Hawkins -Clark Response.lrr
MAR 22 '00 12:24
12083452950 PAGE.02
Annexation and Zoning Requirements: (File AZ -00-004
1. Acceptable.
2. Staffs recommendation for Neighborhood Commercial (CN) zoning is acceptable since the
anticipated uses would be allowed within the CN designation.
3. We are in agreement.
4. The applicant will comply and enter into a development agreement.
Rezone Requirements (File R2-00-003)
1. We are in agreement.
2. We are in agreement.
3. We are in agreement.
4. The applicant will comply and enter into a development agreement.
Preliminary Plat General Comments (File PP -00-006)
1. The subdivision name Resolution Subdivision has been approved by the Ada County Engineer.
The Street Name Committee has reviewed the proposed street name and has issued an
evaluation and approval.
?. The applicant will comply.
3. The applicant will comply.
Preliminary Plat Requirements• (File PP -00-006)
1. The applicant will comply.
?. The applicant will comply.
3. The applicant will comply.
4. The applicant will provide pressure irrigation to all lots with the exception of Lot 1,
Block 1 (Meridian School District lot). We have contacted the School District concerning
participation in a joint pump station. However, if the District believes financial
participation is premature, since their irrigation needs are unknown at this time. We will
proceed with an independent station.
S. The applicant intends to design and construct the pressure irrigation facilities to Nampa
Meridian Irrigation District Standards. The system will be owned and maintained by
Nampa Meridian Irrigation District with approval by the District Board.
Am agricultural well exists on the G. L. Voigt parcel. The well was historically used for a
dairy. We intend to utilize the well as a secondary source if approval from Idaho
Department of Water Resources can be obtained.
6. 'The applicant will delineate the NMID casement for the Hunter Lateral on the plat. No
other irrigation easements exist on the subject properties.
7. The applicant will comply.
8. The applicant intends to provide landscape easements along Locust Grove and
Overland Roads. An association will be formed to govern perimeter landscaping.
9. The applicant will comply.
010MityMer Hawkins -Clark Response.ltr
MAR 22 '00 12:25
12083452950 PAGE.03
10. The developer of the apartment complex believes a fence along their western
boundary is necessary as a buffer and for security purposes. Interconnection can be
accomplished with pedestrian pathways and (1) vehicular connection as requested
in Condition No. 11.
The applicant will pipe the Hunter Lateral as requested by staff.
11. A vehicular connection between Site A & B could be accomplished from the driveway
between building 7 & 8. if the daycare building size were reduced and the driveway
angles north to intersect.just above the traffic circle.
12. The applicant will comply.
13. The private road functions as a joint private access between Lot 8 & 6, Block 1 and
Millennium Way. This access could be accomplished with an easement or cross
access agreement for a driveway. The applicant did not intend the driveway to be
constructed with curbs, gutter and sidewalk.
CUP (PUD/Commercial) Requirements• (File CUP -00-017)
1. The applicant understands.
2. The applicant understands the approval is conceptual and future uses will require site
specific conditional use approval. The staff and commission must understand the term
conceptual. final development plans will most likely reflect minor deviations from the
concept.
I The applicant is in agreement.
4. The applicant will comply with the requirements of the Meridian Zoning Ordinance as
follows: Sections 12-6-4, 12-6-6, 12-6-7 & 12-6-8-B.
The applicant disagrees with the requirements of Section 12-6-8-A (1, 2 & 3).
(1) The multi -family project applicant indicates the parking of any type of
recreational vehicle will be prohibited. Any resident with RV's will need to store the
vehicles at a public storage facility offsite. Therefore, there is no necessity to provide
a storage area.
(2) The applicant opposes the recommendation to provide one additional parking
space for every three dwelling units in addition to the required 2 spaces per dweling
unit. This section is not a mandate since it refers to the word "may" not shall or
should. The applicant for the apartment complex has provided two (2) parking
spaces per dwelling unit as specified in Section 11-13-15-B of the Meridian
Ordinance. The standard of two spaces per unit is universal in most jurisdictions.
The applicant has also provided attached garages which enhances the aesthetics of
the project with less hard surface areas. Driveways (tandem parking) to the garages
provides additional parking for guests.
(3) No maintenance building is proposed with the multi -family or commercial
project. The applicants intend to contract with a landscape company for
maintenance of common areas and landscaping. Therefore, this requirement should
0101\CiryMer Hawkins -Clark Response.ltr
MAR 22 '00 12:25
12083452950 PAGE.04
be deleted.
ti. A colored site/landscape plan and multiple colored elevations of proposed structures
was submitted with the applications. The applicants will need specifics concerning
additional information required under Section 12-6-4. It is the applicant's belief
that Section 12-64 has been satisfied.
6. The applicant is in agreement.
7. The applicant disagrees with the parking requirement of Site B (Apartment
Complex). Staff indicates a requirement of 2.3 spaces/dwelling unit. The Ordinance
mandates (2) spaces/du. Staff has never required parking in excess of 2/unit on any
previous applications processed by Briggs Engineering. I believe this
recommendation is excessive and adds to paved areas at the expense of
landscaping/common areas. The Ordinance does not mandate anything beyond (2)
spaces/unit. The parking required condition should be revised to reflect "400". The
Apartment Complex was designed with 401 parking spaces (garages and open
parking) to meet the Ordinance requirement of 2 spaces/unit. The tandem parking
(driveways in front of attached garages) was considered excess, yet was referenced
on the site plan.
Mr. McKeegan, the architect for the Ice Arena believes the parking provided (278
spaces) will be under utilized most of the time. (Sec Mr. McKeegan's letter
attached.)
Customers of the rink will have the ability to park in adjoining lots during heavy
peak hours for the rink. We believe a minor amount of over -flow parking is
reasonable. Please refer to the letter from Patrick McKeegan dated March 21, 2000
for additional information on the Ice Arena's parking needs and hours of operation.
The applicant will revise the site plan and remove the three rows of parking stalls
which back directly into the access driveways on Site A.
S. The applicant will comply with landscaping requirements for parking lots.
9. The applicant is in agreement and will delineate the necessary cross access easements on
the final plat for lots which may share private access driveways.
10. The applicant will comply.
11. The applicant for the Apartment Complex will prohibit the parking of recreational
vehicles within the complex.
12. The maintenance of common areas will be contracted with a lawn care company.
Therefore, there is no practical need for a maintenance building for any of the
proposed developments.
13- A site plan was sent to Meridian Sanitary Services for their review and comment. A
meeting has been scheduled with Bill Gregory, Meridian Sanitary Services on March 22.
2000 to obtain recommendations for trash enclosure locations. The applicant will comply.
14. See letter from Patrick McKeegan concerning hours of operation for the Ice Arena.
We agree that hours of operation are important in order to coexist with existing
residential development and the proposed multi -family development.
15. An easement for a possible future bus stop could be provided on the plat.
0101\CityMer Hawkins -Clark Response.ltr
MAP 22 '00 12:26
12083452950 PAGE.05
N/GGAQVj9LNE&K1ArVj IOC. 1800 W. Overland Road — Boise (dano 83/U5 — LUti 344-y
The inclusion of bicycle racks within the development is acceptable.
16. The applicant is in agreement.
17. The applicant proposes the Y2K Lane as a private driveway. The applicant does not
intend to construct this as a public street with curb, gutter and sidewalk.
CUP (Apartment Complex) Requirements (File CUP -00-017)
1. The applicant agrees, with the exception of those conditions which we have documented
our opposition.
2. The applicant disagrees with the limitation of the apartment complex to 30 units. it is not
economically feasible to construct the necessary infrastructure (Le. clubhouse, pool,
sewer, water, roadways & parking) to accommodate 30 units. (See letter from Desert
West, LLC.)
It is our desire to encourage ACTID to consider a private/public effort to improve Overland
Road.
The applicant will comply with ADA requirements.
CUP ("The Pond" Ice Arena) Requirements: (bile CUP -00-015)
I. The applicant agrees with the exception of those conditions which we have documented
opposition.
2. The applicant will comply. (See Patrick McKeegan's letter dated March 21. 2000.)
Sincerely,
BRIG S ENGINEERI G, T
,,,,'.
Becky L. Bowcutt
I.and Use Planner
ALB:fc
0101\CiryMer Hawkins -Clark Response.1tr
MAR 22 '00 12:26 12083452950 PAGE.06
PL ick
W Keegan
Architects
419 S. 8m Street, Suite B
Boise, Idaho 83702-7157
206.424.8608 Fax 208.424.8609
www. mckeeganarCh.com
March 21, 2000
Becky Bowcutt
Briggs Engineering
1800 W. Overland road
Boise, ID 83705
Re: Pond Ice Arena CUP Report Response
Project No. 99052
Dear Becky,
I have reviewed Meridian's comments and am pleased with the positive response. My response
to their comments on the Ice Facility follows. For clarity I have indicated the City's page and
paragraph number.
Page 3, Item 4: Transportation Management Plan. We support the concept and would
participate in a development wide plan.
Page 3, Item 5: Drainage. Will there be a development wide drainage plan or will we be
required to maintain all drainage on our parcel? Our civil engineer has indicated that we can
accommodate our drainage runoff on our parcel.
Page 4, Item 2: C -N zoning. I assume that since staff has not stated the Ice Rink use is not
allowed in the C -N zoning that it is. We have no problem with the designation for our use.
Page 5, Item 4 and Page 8 Item 5: Pressurized irrigation system. Will this be a development
wide system or will each parcel be responsible for its needs?
Page 5, Item 9: Perimeter fencing. Will the fencing be installed by the development or are we
responsible for the portion abutting our proposed lot?
Page 7 item 2: Conceptual approval only. It was Mr. Smith's understanding that our application
was for CU approval of our project also. When is the earliest we could apply for our CU?
Page 8, Item 5. Colored rendering. I thought we furnished one with our previous package to
you. I have enclosed another for this submission.
MPF-711-.-nn11 15:45 208 424 8509
MAR 22 '00 12:27
12083452950 PAGE.07
Page 9, Item 7: Additional detail on operations. Mr. Smith has conducted focus groups to
determine the feasibility for this facility and what the communities needs are for ice related
recreation. He is also actively involved in the local recreational hockey leagues. Much of the
information is proprietary business information but I can summarized our plans as follows;
There is a need in the area for additional ice facilities. Ice World is currently running at full
capacity and cannot support the current need or anticipated growth in hockey. Many of the
adult participants work non-traditional hours because of the nature of the major employers
(Micron, HP, etc.) running multiple shifts. There is a need for a facility that will provide around
the clock Ice facilitles.
Our facility will be open 24 hours but except for a few peak periods during the day will not
require anywhere near the parking that is being requested. For example if both sheets were
being used by four teams there would be approximately 64 persons on the ice. During open
recreational skating there might be as many as 100 persons on one or both sheets. Open
recreational skating will W scheduled after school and during the early evenings when the
sheets are not scheduled for practice. The majority of the time the ice will be scheduled by
teams (16 players plus coaches) for practice on a rotating basis.
We anticipate once a month having tournaments or otter events that would require the full
parking count. These would usually occur during the weekend or evenings when the office
parking would not be used. We believe the parking we have provided will be underutilized most
of the time and that the shared use for the additional 8 seats is reasonable. We had hoped the
City would allow more shared parking so the total development parking lots would not need to
be so large.
Page 10, Item 15: Bicycle racks. They will be provided at our facility.
Page 11, Item 2: HC parking spaces. 5 additional HC parking spaces will be designated.
If you have any questions. or need more information, please call.
Sincerely.
Patrick McKeegan Architects
/Patrick Mc gan
Principal Architect
MAR -21-2000 15=46 288 424 RG09 R.n2
MAR 22 '00 12:27 12083452950 PAGE.08
Desert West Properties, LLC
Planning & Zoning Commission / Mayor & City Council 3/21/00
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Re: Cotmncnts on the submittal review comments for the 200 unit Luxury Apartment
Complex by Desert West Properties, LLC
Dear, Commission and council
With regard to conditions proposed m the March 20'h 2000 review of our application for a
Conditional Use Permit (File CUP -00-015) We would Like to address the items that
pmtain to the 200 Unit Luxury Apartment complex.
Preliminary Plat Requirements (File PP -00-006)
ltem 10: It is the preference of the applicant to pipe the hunter lateral as well as construct
the 6' feUe. It is our opinion that the perimeter fence is necessary to maintain the level of
security and cleanliness that our clientele will expect from a facility of this caliber. We
ask the City council to allow us to provide this important amenity. Thank you.
Item 11: The applicant would be agreeable to this condition provided that we are able to
limit the traffic into the complex to residents only, thereby protecting the project from
drive threw traffic that would be detrimental to the peace and tranquility of our secured
environment.
CUP (PUD/Commercial) Requirements (File CUP -00-017)
Item 7: The applicant believes that there has been an error in the calculation of the
required parking. When the tandem parking spaces are deducted from the total of the
proposed parking, 401 spaces remain. It is our understanding that there are 2 stalls
required for each of the 200 units equaling 400 stalls.
Item 8: It is our intent to comply with this request fully.
Item 11. It is the intent of the applicant to restrict parking to automobiles and light duty
trucks able to fit into one stall. Storage of boats, campers, rnotorhomes, trailers and
vehicles that are inoperable or not used regularly will not be allowed and the owner will
be required to secure suitable storage elsewhere.
MOP -22-2000 208896952"N.02
MAR 22 '00 12:2e
12083452950 PAGE.09
Item 12: The applicant will be subcontracting maintenance and grounds keeping to a
qualified professional,
Item 13: the applicant intends to conform to this request in full.
CUP (Apartment Complex) requirements (pile CUP -00-017)
Item 2: The applicant has concluded that it is not economically feasible to limit the
number of units that can be built in phase 1, and requests that the council delete such a
requirement, as it would interfere with the ability of the business to be profitable. We arc
aware of the traffic problem on Overland road, bowever, it is our belief that by
developing this site fully and paying the ACRD impact fees we will be closer to funding
the expansion than, if development is drawn out and funding is not as available. In
addition, the 1, 1 70 trips per day estimated by Dobie Engineering is somewhat
insignificant when compared to the traffic generated by the High school and other
commercial enterprises.
We appreciate responsibility that you bear and thank you for the service you render in
behalf of this community.
Sincerely,
The Principles of Desert West Property LLC
MAR -22-2030 08:35
Oescrt W-4 t'ropetMCS. LLC, PO Doa 1030 Wridiao. Who 83642
f208) 896-0800 Fez.. (20S) 898.9527
=t_898952
9-1''
r.
MAR 22 '00 12:28 TOTAL P.10
12083452950 PAGE.10
-------- -U I -QI
ENGINEERING
BRIGGS )
I
ENGINEERS PLANNERS SURVEYORS
FACSIMILE TRANSMITTAL
I
DATE 3 " z'2- cz)
NO. OF PAGES SENT
(Including Transmittal)
REFERENCE
REMARKS
REPLY REQUESTED
COPY �e�D
/0
PI
FROM ilz
C00-Lo�
BRIGGS ENGINEERING, INC.
1800 W. OVERLAND ROAD
BOISE, IDAHO 83705
FAX (208) 345-2950 * TEL (208) 344-9700
(BEI) PROJECT NO. Cb/ 0 1
Z
1800 W. OVERLAND ROAD * BOISE, IDAHO 83705 * (208)344-9700 FAX (208)3+5-29`
MMR 22 '00 12:24
12083452950 PRGE.01
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • Fax 888-6854
MEMORANDUM: March 20, 2000
To: Planning & Zoning Commission/Mayor & City Council EcE1v 1 -
From: Bruce Freckleton, Senior Engineering Technician �,— MAR 2 0 2000
Brad Hawkins -Clark, Planner341C City of ;Meridian
Christy Richardson, Planner City Clerk Office
Re: - Request for a Annexation and Zoning of 16.1 Acres from R -T to C -G by
Overland, L.L.C. (File AZ -00-004)
- Rezone of 37.6 Acres from R-4 to L -O by G.L. Voigt (File RZ-00-003)
- Preliminary Plat of 107.06 Acres by G.L. Voigt (File PP -00-006)
- Conditional Use Permit for a Planned Commercial Development
(RESOLUTION PLAZA) consisting of Multi -Family, Commercial, Office
and LDS Seminary in the proposed L -O and C -G Zones (File CUP -00-017)
- Conditional Use Permit for a 200 Unit Luxury Apartment Complex by Desert
West Properties, L.L.C. (File CUP -00-015)
- Conditional Use Permit for a 86,160 Square Foot Ice Arena by Pat McKeegan
(File CUP -00-016)
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
APPLICATIONS SUMMARY
There are six (6) separate applications covered in this report, each addressed separately after the
summary. Five of the applications are associated with two parcels and propose a Planned
Commercial Development (PD -C), generally located at the SE corner of Overland and South
Locust Grove Roads. The sixth application (preliminary plat) also includes a 55 -acre parcel to
the south of the PD -C owned by the Meridian School District and site of a future high school.
The PD -C proposed uses include retail, office, an LDS Seminary, a 1,430 -seat ice hockey arena
(two rinks), a daycare and a 200 -unit luxury apartment complex. The annexation application
applies only to the 16 -acre parcel west of the Hunter Lateral. The rezone application applies only
to the 37.64 -acre parcel south of Overland and east of the Hunter.
Since ACHD has not yet submitted a report on the Preliminary Plat or three (3) CUP
applications, Staff is recommending these four (4) applications be continued or tabled.
Resolution Pla AZ.RZ.PP.CUP.doc
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Mayor, Council and P&,.
March 20, 2000
Page 2
LOCATION
The property is generally located at the SE corner of Overland Road and South Locust Grove
Road with approximately % mile of frontage along Overland. The future high school parcel is
currently land -locked and directly south of the 36 -acre parcel.
SURROUNDING PROPERTIES
North — R.V. park, Cesco (John Deere), Transport, Truck & Trailers, future location of Treasure
Valley Music, and two vacant parcels. All are zoned C -G (Meridian).
South — An LDS church is currently being constructed on the Ada County parcel immediately
south of the Overland, LLC parcel fronting on Locust Grove. Rim View Subdivision, zoned R1
in Ada County, is south of the church. Raven Hill and Los Alamitos Subdivision, zoned R4
(Meridian), lie south of the school parcel.
East — Several large, vacant parcels currently in agricultural use are east of the subject parcels.
All are zoned RT (Ada County).
West — Several phases of Sportsman Pointe Subdivision, zoned R4, lies across Locust Grove
Road to the west. There is also an unplatted, triangular shaped parcel at the SW corner of the
intersection that is not in City limits, zoned RT (Ada Co.), with a single family residence.
CURRENT OWNERS OF RECORD
Gary L. Voigt is the property owner of the 37.6 acre parcel. Craig Groves and Greg Johnson
(Overland LLC) are the owners of the 16.1 acre parcel. Meridian Joint School District No. 2 is
the owner of the 55 acre parcel. All owners have submitted consent to be a part of these
applications.
GENERAL COMMENTS/OVERVIEW (All Applications)
1. The 1993 Meridian Comprehensive Plan was amended by Resolution #266 (File CPA -99-
005) for the Voigt and Overland LLC parcels from Single Family Residential to
Mixed/Planned Use Development on 11-16-99 by action of the City Council. Under the
amended Mixed Use designation, the proposed uses are permitted.
2. The applicant has proposed a tentative phasing plan consisting of four levels of priority:
Phase I - Ice Hockey Facility (Construction anticipated in year 2000)
Phase II - Apartment Complex Site `B" (Construction anticipated in year 2001)
Phase III - Office/Retail Site "C" (Schedule dependent on tenant sales)
Phase IV - Commercial/Office Site "A" (Applicant anticipates that this corner will
not develop until the Locust Grove overpass is constructed.)
NOTE: The Final Plat must be recorded prior to issuance of any building permits or Certificates
of Zoning Compliance.
3. The Meridian School District will be a party to the preliminary plat at the City's request. The
Meridian School District does not support nor oppose the Resolution Plaza project. It should
be noted that the School District plans a High School on their 54.99 acre site. Development
of the school site is contingent on a bond issue. The school district has indicated that a bond
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ.RZ.PP.CUP.doc
Mayor, Council and P&..
March 20, 2000
Page 3
issue for the high school will be submitted for a vote in the fall of 2000. If approved,
construction of the school will take place in 2001.
4. On July 19, 1999, the APA (COMPASS) Board of Directors moved the proposed Locust
Grove/1-84 overpass from the Destination 2020 Plan (soft projection) to the Transportation
Improvement Plan (hard planning document). APA projects a dramatic increase in traffic for
South Locust Grove when the overpass is constructed and they support a transportation
management plan be developed for this project to coordinate the commuter needs of future
residents and employees.
GENERAL REQUIREMENTS (All Applications)
1 • Any existing irrigation/drainage ditches crossing the property to be included in this
project shall be tiled per City Ordinance. The ditches to be piped should be shown on the
site plans. Plans will need to be approved by the appropriate irrigation/drainage district,
with written confirmation of said approval submitted to the Public Works Department.
No variances have been requested for tiling of any ditches crossing this project.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance. Wells may be used for non-
domestic purposes such as landscape irrigation.
3. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
4. Paving and striping shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
5. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer for all off-street parking areas. All site
drainage shall be contained and disposed of on-site.
6. Outside lighting shall be designed and placed so as not to direct illumination on any
nearby residential areas and in accordance with City Ordinance Section.
7. All signage shall be in accordance with the standards set forth in the City of Meridian
Zoning and Development Ordinance. No temporary signage, flags, banners or flashing
signs will be permitted.
S. Provide five -foot -wide sidewalks in accordance.with City Ordinance.
9. All construction shall conform to the requirements of the Americans with Disabilities
Act.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ.RZ.PP,CUP.doc
Mayor, Council and P&�_
March 20, 2000
Page 4
ANNEXATION & ZONING REQUIREMENTS (File AZ -00-004)
1. The legal description submitted in the application appears to meet the requirements of the
City of Meridian and State Tax Commission. The parcel is contiguous to the existing
corporate city limits of Meridian.
2. Staff agrees with the Applicant's forecast that the Overland/Locust Grove area will
become a major intersection, especially with the construction of the I-84/Locust Grove
overpass. Staff also agrees that neighborhood commercial services are needed in this area
to service the existing residential subdivisions and proposed apartment complex
residents. However, we do not support the proposed C -G zone. Staff recommends a
lower -intensity commercial zone Neighborhood Commercial (C N). All of the proposed
uses listed in item #10 of the application (retail,. day care, and office) are permitted either
outright or with a CUP in both the C -N and C -G. But there are several uses permitted in
the C -G that are prohibited in the C -N, including auto repair, service stations, hotels,
truck stops, heavy equipment sales and auto sales lots. Given the previously stated
concerns of the Sportsman Pointe and Los Alamitos residents and the increased number
of children in the apartment complex, Staff feel the down -zoned C -N is a more
appropriate zone and will adequately meet the development intentions of the Applicant.
�. The subject lots can be adequately served by public facilities, and the proposed uses will
allow for orderly expansion of the city limits.
4. A Development Agreement will be required as a condition of annexation
Annexation Recommendation
Staff recommends approval of the annexation but denial of the requested C -G zone. We
recommend C -N zoning.
REZONE REQUIREMENTS (File RZ-00-003)
The legal description submitted in the application appears to meet the requirements of the
City of Meridian and State Tax Commission.
2. Staff agrees with the proposed Limited Office (L -O) zone. It is the most appropriate zone
for the proposed mixed uses within the Planned Development.
The subject lot can be adequately served by public facilities, and the proposed uses will
allow for orderly expansion of the city limits.
4. A Development Agreement will be required as a condition of rezone.
Rezone Recommendation
Staff recommends approval of the rezone with the requested L -O zone.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ. RZ.PP. CUP. doc
Mayor, Council and P&2,
March 20, 2000
Page 5
PRELIMINARY PLAT GENERAL COMMENTS (File PP -00-006)
1. Submit letter from the Ada County Street Name Committee, approving the subdivision
and street names. Make any corrections necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
3. Assessment fees for water and sewer service are determined during the building plan
review process. Applicant shall be required to enter into a Re -Assessment Agreement
with the City of Meridian for all commercial uses. An assessment agreement is a vehicle
that protects the City of Meridian and the Developer in the event that estimated
assessments are not in line with actual usages. The agreement provides for
reimbursement to the developer for over payment of assessments and payment to the City
of Meridian of any shortfall in assessments. The overpayment/shortfall is determined
after adequate historical usage.
PRLIMINARY PLAT REQUIREMENTS (File PP -00-006)
1. Sanitary sewer service to this site will be via extensions from the Five Mile Trunk that is
currently under construction by this applicant. Applicant will be responsible to construct
the sewer mains to and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. Sewer manholes
are to be provided to keep the sewer lines on the south and west sides of the centerline.
2. Water service to this site will be via extensions from newly constructed mains under the
interstate, and from extensions of existing mains installed in adjacent developments.
Applicant will be responsible to construct the water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Please provide the Public works department with information on
anticipated fire flow and domestic water requirements for the proposed site. Water
service to this development is contingent upon positive results from a hydraulic analysis
by our computer model. Flow and pressure from the existing mains should be monitored
with the Meridian Water Department.
3. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
4. Underground year-round pressurized irrigation must be provided to all landscape areas on
site. Please submit hook-up and design details based on the proposed landscaping. Due
to the size of landscaped area, primary water supply connection to the City's mains will
not be allowed. Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source, developer shall
be responsible to pay water assessments for the entire common open area.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ.RZ.PP,CUP.doc
Mayor, Council and P&�_
March 20, 2000
Page 6
5. Applicant has not indicated whether the pressurized irrigation system within this
development is to be owned and maintained by an association or the Nampa & Meridian
Irrigation District. If the system is being proposed as a private system, plans and
specifications for the irrigation system shall be reviewed by the Public Works
Department as part of the development plan. review process. A draft copy of the
pressurized irrigation system O&M manual must be submitted prior to plan approval. The
City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. If a creek or well source is not available, a single -point connection to the
culinary water system shall be required. If a single -point connection is utilized, the
developer shall be responsible for the payment of assessments for the common areas prior
to signature on the final plat by the Meridian City Engineer. If City water is proposed as
a secondary source, developer shall be responsible to pay water assessments for the entire
common open area.
6. Show all existing easements for irrigation/drainage facilities located within the
boundaries of this proposed development (i.e. Hunter Lateral easements).
7. Detailed landscape plans for the Overland Road and Locust Grove Road landscape
frontage buffers and for street landscaping along Millenium Way and Celebration
Avenue shall be submitted for review and approval with submittal of the Final Plat
application. This requirement does not include interior lot landscaping. Interior
landscaping will be dealt with on a site by site review basis with future CUP applications.
A letter of credit or cash surety will be required for the improvements prior to signature
on the Final Plat.
8. Staff recommends the Overland and Locust Road landscape buffers be platted as separate
common lots within the subdivision and maintenance be the responsibility of the
Development Committee/Association. The draft CC&Rs submitted with the application
states each separate lot owner in the subdivision will be responsible for construction,
installation and maintenance of landscaping on each building site. By placing
responsibility for the arterial landscape buffers with a single entity (the Association),
greater consistency of design and maintenance may be achieved. At a minimum, the
landscape buffers shall be placed within a permanent landscape easement designated as
such on the plat. No easements are currently shown.
9. Six -foot -high, permanent perimeter fencing shall be required along the eastern boundary
of Lot 1, Block 3, and Lot 2, Block 1, and along the southern boundary of Lot 15 & 16,
Block 1. Submit detailed fencing plans for review and approval with submittal of the
Final Plat. All required fencing is to be in place prior to issuance of building permits.
10. The Applicant is proposing to construct a fence along the east boundary of the Hunter
Lateral. Staff recommends the Lateral be piped and no fence constructed. Given the
close proximity of the proposed 200 unit apartment complex, High School, and Daycare,
staff recommends the applicant be required to comply with Ord.124-13 (Piping of
AZ -00-004, RZ-00.003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaz AZ.RZ.PP.CUP.doc
Mayor, Council and P&Z
March 20, 2000
Page 7
Ditches). The City required the developers of Raven Hill and Los Alamitos subdivisions
(upstream from subject site) to tile the Hunter and see no reason this site should receive
an exemption from the piping ordinance.
11. Applicant shall provide a vehicular access across the Hunter Lateral from the proposed
apartment complex (Site `B") to the proposed Office/Retail area (Site "A"). The purpose
of this connection is to minimize the vehicular impact on Overland Road and to provide
an internal connection to the Daycare and Retail sites. The Transportation Impact Study
submitted by Dobie Engineering, Inc. assumed 20% of the office and day care traffic
would be captured within the complex. However, this capturing cannot take place unless
an internal access road is provided. If a connection is not provided across the Hunter, an
additional 20% of vehicle trips would be added to Overland Road (based on Dobie's
estimations).
12. Applicant has provided the minimum required 35 feet of landscape buffer along Overland
Road, an entryway corridor. Staff agrees. They show 25 feet of landscape buffer along
Locust Grove Road (including the 5 foot wide detached sidewalk). Since Locust Grove is
not listed as an entryway corridor, Staff supports the 25 -foot buffer width for this arterial.
At a minimum, the Overland Road landscape buffer must be completed from the eastern
property boundary to 30 feet west of Millenium Way prior to issuance of certificate of
occupancy for any building within the subdivision.
13. Applicant is proposing a 30 -foot wide private road (Y2K Lane) to serve Lot 6 and 8,
Block 1. Applicant should explain the purpose for the private classification and whether
or not sidewalks will be provided. All private roads must approved by the City Council.
Staff questions the intent of the private classification, particularly when this will be the
first drive providing access into the site for eastbound traffic on Overland and will likely
be heavily used. If approved, Staff recommends 5 -foot sidewalks be provided on at least
one (1) side of the road.
Preliminary Plat Recommendation
Staff recommends approval of the preliminary plat with the following conditions: a) additional
fencing is provided, b) the Hunter Lateral is tiled, c) provide a single vehicular connection across
the Hunter Lateral, and d) landscaping is provided and constructed per item #12. Until the City
receives a copy of the ACHD report, the public hearing should be continued.
CUP (PUD/COMMERCIAL) REQUIREMENTS (File CUP -00-017)
1. As part of a conditional use permit, the City of Meridian may impose restrictions and
conditions in addition to current City Ordinances.
2. This Conditional Use Permit is for the overall concept only. Future phases of the project
will require separate Conditional Use Permits for each phase and each must substantially
comply with the final approved Concept Plan.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ.RZ.PP.CUP.doc
Mayor, Council and P&Z
March 20, 2000
Page 8
3. Conceptually (based upon the submitted Overall Preliminary Site Plan dated 2-01-00),
staff believes the project is in accord with the purpose of Planned Developments as
outlined in the Subdivision & Development Ordinance. The mixed residential, office,
recreation and retail uses meet the intent of the Comprehensive Plan and should
contribute to a reduction in traffic in this area.
4. Planned Development Regulations: As a mixed/planned use development, the Resolution
Plaza development must comply with the following sections of the subdivision
ordinance: 12-6-4 Procedures for Planned Developments, 12-6-6 General Regulations for
Planned Development, and 12-6-7 General Standards for Planned Developments. In
addition, residential areas must comply with 12-6-8-A Design Standards for Planned
Development -Residential. All commercial and office uses must comply with 12-6-8-B
Design Standards for Planned Development -Commercial.
5. Colored Rendering: Colored renderings of the development must be submitted prior to
the City Council meeting to meet the intent of Section 12-6-4 of the PD ordinance.
6. Open Space: All Planned Developments (PD) are required to have at least 10% of the
gross land area of the PD as common open space as 12-6-7-E-5. The total common open
space calculation for Resolution Plaza is shown separately on Sheets 1-3 (Sites "A" —
"C"). Site "A" is 4.53 acres (1.44 required), Site "B" is 5.29 acres (1.45 required), and
Site "C" is 4.10 acres (1.86 required). These calculations include landscape buffers and
islands. Standard practice has been that residential PD's cannot count required buffers
and landscape setbacks toward the 10% open space requirement, but commercial PD's
have been allowed to count it.
Total gross site acreage for the Resolution Plaza project is 47.04 acres (excluding public
rights-of-way). 10% open space would be 4.7 acres. The minimum amount of open space
has been met. All open space delineated as common open space must meet all standards
of 12-6-7-E.
7. Parking: The matrix below summarizes the total off-street parking counts for the
conceptual PD -C:
Site / Use
ERetail
Parkin Proposed
Parkin Required
ads N of first drivewa (3
257
250
& office pads b/w driveways (2)
183
181
- Office & day care pads S of second driveway
Site "A" Total
189
629 E�EF
100 (est.)
531
Site "B" (Apartment complex)
553*
460 (2.3/d.u.)
Site "C"
- Retail & office pads on Y2K Lane 2)
156
151
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ.RZ,PP.CUP.doc
Mayor, Council and P&Z
March 20, 2000
Page 9
- LDS Seminar
17
20 (est.)
- Office buildings S of Gala St. (2)
129
98
- Retail & office buildings N of Gala St. (2)
317
287
-Ice Arena
278
1 286 (115 seats)
*The Applicant is proposing 152 tandem parking spaces for the complex. The P&Z
Commission discouraged tandem parking for a proposed apartment complex of similar
size in October 1999 (Valerie Heights). If the tandem parking is subtracted from the total
parking spaces, their total provided would be 401 spaces.
On the Site "A" plan, a row of parking is proposed along the south edge of the north
driveway and along both the north and south edges of the south driveway with no
separation. Given the likelihood of these private driveways receiving high volumes of
traffic at build -out (functioning more as public roads), Staff feels this design would be
unsafe and should be relocated. The first parking stalls are less than 40 feet from the
property line and vehicles backing out of the stalls into the drive aisle will likely be a
hazard for vehicles entering the site off Locust Grove.
The proposed Ice Arena seats a total of 1,430 people. Technically, the Applicant meets
City ordinance, which is based on one stall for every 5 seats. If one assumes the arena
will utilize the parking north of Gala Street for evening events, an additional 317 stalls
could feasibly be added to serve the arena, providing a total of 595 stalls. The Applicant
should provide more detail on the hours of operation for the ice arena and their
experience with other similar venues and whether or not both rinks will be used
simultaneously.
8. Parking Lot Landscaping: Landscape islands serving a single row of parking shall have
one tree. Islands serving a double row of parking shall have two trees. A minimum of
one 3" caliper tree per 1500 square feet of asphalt (including driveways connecting from
the loop road) is required per City Ordinance.
9. Streets and Circulation: Staff agrees with the proposed stub road (Gala Street) to the east,
unplatted property. As stated in the Preliminary Plat comments, we recommend access be
provided internally with a connection between Sites "A" and `B". There is a conflict
between the Concept Plan and Plat for the Seminary site. The plat proposes a flag lot for
Lot 4, Block 1 (the proposed 19,648 s.f. office building), with the flag serving as the
driveway. However, the Concept Plan shows the seminary utilizing the flag driveway, not
the office. Staff does not disagree with the design, but it should be noted for future cross
access agreements.
10. Signage: The Applicant submitted a letter from Idaho Electric Signs regarding signage
for the apartment complex and a letter from Patrick McKeegan outlining intent for the ice
arena signage. The monument signs shall not exceed 70 s.f. All signage throughout the
PD -C shall be coordinated and complement building materials and themes. This applies
to all future buildings.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ.RZ.PP.CUP.doc
Mayor, Council and P&Z
March 20, 2000
Page 10
11. Storage Areas: Per Ordinance 12-6-8.A.1, Storage areas shall be provided for the
anticipated needs of boats, campers, motorhomes, and trailers. No such areas are
designated on the Site Plan. Applicant shall either provide a storage area adequate to
serve every two (2) living units or provide evidence that storage needs can be met
through an alternative method.
12. Maintenance Building: A maintenance building or approved area shall be provided that is
suitable for the services required for the repair and maintenance of all common areas as
per Section 9-607.H.3.
13. Trash Enclosures: No trash enclosures are shown on the Conceptual Site Plan. Staff
recommends all such areas be situated outside of view from either Overland or Locust
Grove Roads. Applicant shall coordinate locations and construction requirements of the
required trash enclosures with Meridian Sanitary Service, Inc., and provide a letter of
approval from their office when applying for a Certificate of Zoning Compliance.
14. Hours of Operation: No details of hours of operation are provided. For the future CUP
applications, all office and retail uses should be harmonious with the apartment complex
and residential homes to the west.
15. Alternative Transportation Options: At build -out, this site will serve as a principal center
of employment for the east Meridian/west Boise area. While Boise Urban Stages does not
currently service Overland Road, it has the potential to be a likely destination point for
mass transit in the future. Staff strongly recommends an area be designated and/or
preserved on the Concept Plan for a future bus stop. We also recommend the inclusion of
bicycle racks at all office and retail buildings and the ice hockey arena.
16. All conditions placed on this application shall run with the land and shall not lapse or be
waived as the result of any change in tenancy or ownership of any or all of the lands
governed by this CUP application. All such conditions shall be deemed the requirements
for the issuance of a Certificate of Occupancy for any use or structure as per City
Ordinance.
17. Applicant shall utilize the Ada County Highway District design standards for the private
street within this development, with the exception of width requirements. Street designs
shall be reviewed and approved by the City of Meridian Public Works Department.
PD -C Recommendation
Staff recommends approval of the concept plan with the above conditions. The hearing should be
continued until ACHD submits a report.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ.RZ.PP.CUP.doc
Mayor, Council and P&Z
March 20, 2000
Page 11
CUP (APARTMENT COMPLEX) REQUIREMENTS (File CUP -00-017)
I. All requirements provided in the PD -C section that apply to Site "B" (apartment complex)
shall be incorporated here.
2. The Applicant is proposing to construct the complex in two (2) phases, with the first phase
consisting of approximately 140 units and the clubhouse. Staff recommends the number of
units constructed in phase 1 be limited to a maximum of thirty (30) dwelling units and that no
more units be granted occupancy until Overland Road capacity is improved.
Overland Road between Locust Grove and Eagle Road is currently a two-lane, non -
signalized arterial. Numerous traffic concerns have been entered into the public record
regarding the capacity of both Overland Road and Locust Grove Road. Traffic was cited as
one of the principal reasons for the City's denial of the proposed Sundance Apartments at the
NW corner of Locust Grove Road and Overland Road last Fall. Dobie Engineering's traffic
study lists Overland Road (east of Locust Grove Road) as having 11,230 vehicles/day in
7/98. Over the past twenty (20) months, this figure has certainly increased; especially
factoring in the new homes built in Sherbrooke Hollows to the south. Dobie's study estimates
1,170 new trips/day to be generated by the apartment complex and 335 new trips/day
generated by the ice arena. The study also projects a Level of Service "F" for the left -turn
outs from all three Overland Road driveways until signals are installed. The study further
assumes the high school, potentially slated for construction in 2001 (which is the same year
as the apartment complex), will generate 3,000 trips/day and 250 peak hour trips.
Overland Road is designated in the Transportation Improvement Program (TIP) as a 5 -lane
arterial with bike lanes to be constructed in 2005. Staff believes that limiting new
development on the subject site, to the Ice Arena and thirty (30) apartments would facilitate a
smoother transition for the neighborhoods and ease the impact on Overland Road until such
time as it is widened and signalized.
3. All applicable Fair Housing and ADA requirements for multi -family housing must be met,
including accessibility design for the ground floor units. Handicap parking shall be provided
to serve the Clubhouse.
CUP (Apartments) Recommendation
Staff recommends approval of the Conditional Use Permit with the condition that only the
clubhouse and thirty (30) dwelling units receive occupancy until Overland Road is improved.
The hearing should be continued until ACHD submits a report.
CUP ("THE POND" ICE ARENA) REQUIREMENTS (File CUP -00-015)
All requirements provided in the PD -C section that apply to Site "C" (ice arena) shall be
incorporated here.
2. A minimum of seven (7) handicap accessible spaces must be provided to directly serve this
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ.RZ.PP.CUP.doc
r
Mayor, Council and P&Z
March 20, 2000
Page 12
facility. Only two (2) are shown. Revise site plan accordingly.
CUP (Ice Arena) Recommendation
Staff recommends approval of the Conditional Use Permit. The hearing should be continued until
ACHD submits a report.
COMPREHENSIVE PLAN ANALYSIS
The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this
application. The following sections most directly apply to the proposed project and are repeated
here for the Council and Commission's consideration during the hearing process.
Goal 3 is "to encourage the kind of economic growth and development which supplies
employment and economic self-sufficiency for existing and future residents, reduces the present
reliance on Boise and strengthens the City's ability to finance and implement public
improvements, services, and its open space character."
Goal 4 is "to provide housing opportunities for all economic groups within the community."
Goal 8 is "to establish compatible and efficient use of land through the use of innovative and
functional site design."
Economic Development
1.1 The City of Meridian shall make every effort to create a positive atmosphere that
encourages... commercial enterprises to locate in Meridian.
1.3 The character, site improvements and type of new commercial or industrial developments
should be harmonized with the natural environment and respect the unique needs and
features of each area.
Land Use
1.4U Encourage new development that reinforces the City's present development pattern of
higher density development within the Old Town area and lower density development in
outlying areas.
1.8U Promote the development of high-quality and environmentally compatible residential
areas that contain the necessary parks, schools and commercial facilities to maintain and
form identifiable neighborhoods.
2.1U Support a variety of residential categories (urban, rural, single-family, multi -family,
townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the
City with a range of affordable housing opportunities.
2.2U Support strategies for the development of neighborhood parks within all residential areas.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Pla .AZ.RZ.PP.CUP.doc
Mayor, Council and P&Z
March 20, 2000
Page 13
2.3U Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
4.8U Encourage commercial uses, offices and medical -care uses to locate in the Old Town
district, business parks, shopping centers and near high-intensity activity areas, such as
freeway interchanges.
6.8U New urban density subdivisions which abut or are proximal to existing rural residential
land uses shall provide screening and transitional densities with larger, more comparable
lot sizes to buffer the interface between the urban level densities and rural residential
densities.
Transportation
1.4U Monitor and coordinate the compatibility of theland use and transportation system.
1.20U Encourage proper design of residential neighborhoods to ensure their safety and
tranquility.
Open Space, Parks and Recreation
2.5U New subdivision development... will be considered as opportunities to ... encourage the
development of recreational open spaces and parks as part of new planned developments.
Housing
1.1 The City of Meridian intends to provide for a wide diversity of housing types... in a
variety of locations suitable for residential development.
1.4 The development of housing for all income groups close to employment and shopping
centers shall be encouraged.
1.6 Housing proposals shall be phased with transportation, open space and public service and
facility plans, which will maximize benefits to the residents, minimize conflicts and
provide a tie-in between new residential areas and service needs.
1.19 High-density development, where possible, should be located near open space corridors
or other permanent major open space and park facilities, and near major access
thoroughfares.
Community Design
5.2 Ensure that all new development enhances rather than detracts from the visual quality of
its surroundings, especially in areas of prominent visibility.
6.5U Establish land -use designations that reflect the character of existing neighborhoods.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza.AZ.RZ.PP.CUP.doc
Mayor, Council and P&Z
March 20, 2000
Page 14
6.11 U Promote well-planned and well -designated affordable housing in all Meridian
neighborhoods.
AZ -00-004, RZ-00-003, PP -00-006
CUP -00-017, CUP -00-016, CUP -00-015
Resolution Plaza. AZ.RZ.PP.CUP.doc
d6 -d1-00 12:00 MERIDIAN WA5TEWATER
I D=2088840`!44
MAYOR
NUB OF TREASURE VALLEY
Robcrt D. Corrie A Good Plaut to Live
CITY COUNCIL. MEMBERS CITY OF MERIDIAN
Ron Anderson
Keith Bird
Tammy deWeerd
Chcric McCandless
33E AST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 - Fax (208) 887-4813
City Clerk Office Fax (208) 888.4218
PO4/04
LEGAL DEPARTMEN'C
(20S) 288.2499 - Fax 288-2.501
PUBLIC WORKS
BUILDING DEPARTMENT
(209) 887-2211 - Fax 887.129'7
PLANNING AND ZONING
DEPARTMENT
(208) 884-5535 • Fax 858.6854
TRANSMITTAL TO AGENCIES FOR COMMEN'T'S ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn- Will Berg, City Clerk by: March 13, 2000
TRANSMITTAL DATE: February 25, 2000 HEARING DATE: March 22, 2000
FILE NUMBER: RZ-00-003
REQUEST: REZONE OF 37.64 ACRES FROM R-4 TO LO FOR PROPOSED
RESOLUTION BUSINESS PARK
BY: G.L. VOIGT DEVELOPMENT/OVERLAND, LLC
LOCATION OF PROPERTY OR PROJECT: LOCUST GROVE AND OVERLAND
ROADS—(SEE LEGAL DESCRIPTION ENCLOSED)
SALLY NORTON, P/Z
KENT BROWN, PIZ
THOMAS BARBEIRO, P/Z
RICHARD HATCHER, PIZ
rKEITH BORUP, PIZ
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
_KEITH BIRD, C/C
TAMMY de WEERD, CIC
,)NATER DEPARTMENT
_SEWER DEPARTMENT
SANITARY SERVICE
BUILDING DEPARTMENT
_FIRE DEPARTMENT
POLICE DEPARTMENT
_CITY ATTORNEY
CITY ENGINEER
!CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM & FINAL)
MAR - 1 2000
CITY OF AMIDIAN
MAR 01 '00 12:01 2oeee40744 PAGE.04
r
MAYOR
HUB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT
1208) 288-2499 • Fax 288-2501
CITY COUNCIL MEMBERS CITY OF MERIDIAN PUBLIC WORKS
Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT
Keith Bird MERIDIAN, IDAHO 83642�i�'' � r (208) 887-2211 • Fax 887-1297
Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
Cherie McCandless City Clerk Office Fax (208) 888-4218pp �(�(( DEPARTMENT
FE8 2 46) 884-5533 - Fax 888-6854
;pqy cif Mendi all
r� O fir.
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: March 13, 2000
TRANSMITTAL DATE: February 25, 2000 HEARING DATE: March 22, 2000
FILE NUMBER: RZ-00-003
REQUEST: REZONE OF 37.64 ACRES FROM R-4 TO LO FOR PROPOSED
RESOLUTION BUSINESS PARK
BY: G.L. VOIGT DEVELOPMENT/OVERLAND, LLC
LOCATION OF PROPERTY OR PROJECT: LOCUST GROVE AND OVERLAND
ROADS—(SEE LEGAL DESCRIPTION ENCLOSED)
SALLY NORTON, P/Z
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
_RICHARD HATCHER, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
_KEITH BIRD, C/C
_TAMMY de WEERD, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
SANITARY SERVICE
B ILDING DEPARTMENT
RE DEPARTMENT
POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM & FINAL)
MAYOR
^ HUB OF TREASURE VALL6V
Robert D. Corrie
A Good Place to Live
LEGAL DEPARTMENT
CITY COUNCIL
CITY OF MERIDIAN
1'081 233-2199 • Fax -33-201
MEMBERS
PUBLIC WORKS
Ron Anderson
33 EAST IDAHO
BUILDING DEPARTMENT
Keith Bird
NIERIDIAN, IDAHO 83642
(208) 887-221 • Fax 387-1297
Tammy deWeerd
(208) 588-1433 • Fax (208) 887-4813
PLANNING AND ZONING
Chene McCandless
Citv Clerk Office Fax (208) 888-4218
DEPARTMENT
(208) 384-553-, - Fax 388-6854
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: March 13, 2000
TRANSMITTAL DATE: February 25, 2000 HEARING DATE: March 22, 2000
FILE NUMBER: RZ-00-003
REQUEST: REZONE OF 37.64 ACRES FROM R-4 TO LO FOR PROPOSED
RESOLUTION BUSINESS PARK
BY: G.L. VOIGT DEVELOPMENT/OVERLAND, LLC
LOCATION OF PROPERTY OR PROJECT: LOCUST GROVE AND OVERLAND
ROADS—(SEE LEGAL DESCRIPTION ENCLOSED)
SALLY NORTON, P/Z
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
_RICHARD HATCHER, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
_RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
�MMY de WEERD, C/C
V WATER DEPARTMENT
_SEWER DEPARTMENT
SANITARY SERVICE
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
JLj
FEB 2 9 2000
CI1T OF MERIDIAN
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM & FINAL)
YOUR CONCISE REMARKS: ��� /F-�'q_ ` �
MAYOR
Robert D. Corrie
HUB OF TREASURE VALLEY '^
A Good Place to Live
CITY OF MERIDIAN
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-201
CITY COUNCIL MEMBERS PUBLIC WORKS
Ron Anderson 33 EAST IDAHO SCE BUILDING DEPARTMENT
(208)
Keith Bird MERIDIAN, IDAHO 83642 1 I�!�44; 887-2211 . Fax 887-1297
Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 'PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218 FF8 2 8 200p DEPARTMENT
(208) 884-5533 •Fax 888-684
i` itY of iA7eridiar
s7itc' rle-k nF.c;"
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: March 13, 2000
TRANSMITTAL DATE: February 25, 2000 HEARING DATE: March 22, 2000
FILE NUMBER: RZ-00-003
REQUEST: REZONE OF 37.64 ACRES FROM R-4 TO LO FOR PROPOSED
RESOLUTION BUSINESS PARK
BY: G.L. VOIGT DEVELOPMENT/OVERLAND, LLC
LOCATION OF PROPERTY OR PROJECT: LOCUST GROVE AND OVERLAND
ROADS—(SEE LEGAL DESCRIPTION ENCLOSED)
SALLY NORTON, P/Z
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
_RICHARD HATCHER, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
_KEITH BIRD, C/C
_TAMMY de WEERD, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
SANITARY SERVICE
,9
UILDING DEPARTMENT
_FIRE DEPARTMENT
POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
YOUR CONCISE REMARKS: 2- 2 F-0 C?
March 2, 2000
Will Berg, City Clerk
Meridian Planning & Zoning Commission
33 East Idaho
Meridian, ID 83642
Re: RZ-00-003 Resolution Subdivision
Dear Commissioners:
P"FjC_EIV�7-
MAR - 6 2000
CITY OF KEHHU1214
i i •
PIZ , W 10
i s i
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
The Nampa & Meridian Irrigation District has no comment on the rezone from R-4 to LO
for the above-mentioned proposed project.
Sincerely,
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH: dln
Cc: File — Shop
File — Office
Water Superintendent
Briggs Engineering, Inc. — Becky Bowcutt
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000