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Home My WebLink AboutVolterra Subdivision PP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER RECEIVED DEÇ 1 2 2005 gi~: cM'e ~::J¡:lf: ~ IU.-\HCI ~ \~ "Ii ~,"~~ 1- .. ,,¡J-I->')-- -'~~i1!'_-' -~ -r;¡;¡ In the Matter of Annexation and Zoning of 312.67 Acres to C-G (35.19 Acres), L-O (19.27 Acres), and R-4 (258.21 Acres) AND Conditional Use Permit Approval for a Mixed-Use Planned Development Including Commercial, Office and Residential Uses and Amenities Including Tot Lot Play Areas, Pathways, and Useable Open Space AND Preliminary Plat Approval for 613 Lots Including 540 Detached Single-Family Lots, 9 Commercial Lots, 11 Office Lots and 51 Common Lots on 232.32 acres AND Preliminary Plat Approval for 227 Lots Including 134 Detached Single-Family Lots, 54 Attached Single-Family Lots, 13 Commercial Lots, 4 Office Lots and 21 Common Lots on 80.36 Acres, for Volterra Subdivision and Volterra Subdivision South, by Primeland Development. Case No(s). AZ-05-040, CUP-05-041, PP-05-039 and PP-05-040 For the City Council Hearing Date of: November 9, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 9, 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 9,2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 9,2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 9,2005 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (Lc. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-040, CUP-O5-041, PP-O5-039, PP-O5-040 ~ PAGE 1 0£5 Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § II-SA. 4. Due consideration has been given to the comment(s) received ITom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public ifthe attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Site Plan, Volterra Preliminary Plat, Volterra South Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of November 9, 2005 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § II-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 21,2005 is hereby conditionally approved; 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 13, 2005 is hereby conditionally approved; 3. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June 27, 2005 is hereby conditionally approved; and, 4. The following modifications to site specific conditions were made at the City Council hearing: a. Conditions 1.1.9 and 1.1.8.B in Exhibit B of the Staff Report were modified to allow 4-foot solid fencing, with 2-feet of lattice on top, to be constructed adjacent to internal common 10ts and micro-paths. b. Condition I.l.3B in Exhibit B of the Staff Report was modified to require a pedestrian connection, not a vehicular connection, into this site ITom Upriver Drive in Drawbridge Subdivision. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-040, CUP-O5-041, PP-O5-039, PP-O5-040 - PAGE 2 of5 c. Added Condition 1. 1. 13B to Exhibit B of the Staff Report which requires the applicant to provide a stub street to the 5-acre parcel (Parcel #S0434142354) 1Tom Lesina Drive. d. Condition 1.3.3, in Exhibit B of the Staff Report regarding open space, shall be modified from the original proposal of 26-acres to reflect the new calculations that the applicant provided at the hearing; 24.4 acres (13.9 acres for Volterra North and 10.5 acres for Volterra South.) e. Added Condition 1.3.5 to Exhibit B of the Staff Report which requires the applicant to provide grass and other landscaping within the White Drain easement, as allowed by Settlers' Irrigation District through a license agreement. 5- The site specific and standard conwtions of approval are as shown in the attached Staff Report for the hearing date of November 9,2005 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional Use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in Successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the tennination of the period in accord with l1-5B-6.G.I, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commissionlllay require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in Successive pbases in an orderly and reasonable manner. and conforms substantially to the approved preliminary plat, such segments, if CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-040, CUP-O5-041, PP-O5-039, PP-O5-040 - PAGE 3 0£5 . submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with l1-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as detennined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Final Action and Right to Regulatory Takings Analysis E. 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may 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. F. Attached: Staff Report for the hearing date of November 9, 2005 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-040, CUP-O5-041, PP-O5-039, PP-O5-040 - PAGE 4 0£5 1ro action of the City Council at its regular meeting held on the ~ 'If'W\ beY ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED 11111." COUNCIL MEMBER CHRISTINE DONNELL VOTED --.&m ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - Attest: I r.,' ", I....".:...._._"d "". William G. Berg, Jr., City lerk::; y,,- /? ~~.- - -4~ I,' 0 < ~ "'Y.~ ~8.,. 1 ¿;": . .;;:.~' .. Yi' ~ '/,,/ Q ~ ,.::,' Copy served upon Applicant, The PlannitÍgiQFJ~~~;'~~I}~~\\~U1Jlic Works Department and City Attorney. By: D ate d : ----1a:ld - D') CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-040, CUP-O5-041, PP-O5-039, PP-O5-040 - PAGE 5 of5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 STAFF REPORT TO: FROM: Hearing Date: 11/9/2005 City Council Craig Hood, Associate City Planner Meridian Planning Department 884-5533 c::M'e;;dl~ \~ . . 11.>,\HO )v 1\'" , \~(' / '-"\ "'~f'- ""-~~,.1~~I'.-"""""""",,~,~~,~/' "'^'i;t¡ SUBJECT: Volterra Subdivision & Volterra Subdivision South AZ-05-040 - Annexation and zoning of3l2.67 Acres to C-G (35.19 acres), L-O (19.27 acres), and R~4 (258.21 acres). CUP-05-041 - Mixed use development that includes commercial, office and residential uses. Amenities include tot lot play areas, pathways, and useable open space. PP-05-039 - Preliminary plat for 613 lots including 540 detached single~ family lots, 9 commercial lots, 11 office lots and 51 common lots on 232.32 acres. PP-05-040 (South) - Preliminary plat for 227 lots including 134 detached single~family lots, 54 attached single-family lots, 13 commercial lots, 4 office lots and 21 common lots on 80.36 acres. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting annexation and zoning of 312.67 acres of land that is currently zoned RUT in Ada County. The applicant is seeking a C-G zone (General Retail and Service Commercial District) for 35.19 acres, an L-O zone (Limited Office District) for 19.27 acres, and an RA zone (Low Density Residential District) for 258.21 acres. The applicant has submitted two preliminary plats for the subject property, one on the north side of McMillan Road (Volterra), and one on the south side of McMillan Road (Volterra South). Volterra Subdivision includes 540 detached single-family lots, 9 commercial lots, 11 office lots and 53 common lots on 232.32 acres. Volterra South Subdivision includes 134 detached single-family lots, 54 attached single~family lots (zero lot lines), 13 commercial lots and 4 office lots on 80.36 acres. The applicant has also submitted a Conditional Use Pennit for a Planned Development (CUP/PD) for the property. The CUPIPD includes requests for reductions to the minimum lot size, minimum street frontage, minimum house size, side setback and maximum block length of the R-4 zone. The PD also requests that 17 percent of the site be zoned for office and commercial uses, uses that are not nonnally pennitted in this area, as a use exception (see MCC 12-6-3). Amenities for the development include tot lot play areas, pathways, a swinuning pool, a clubhouse area and useable open space. 2. SUMMARY RECOMMENDATION Staff and the Planning & Zoning Commission are recommending approval of the subject annexation and zoning (AZ-O5-040), preliminary plats (PP-05- 039 and PP~05-040), and conditional use permit (CUP-05-041) for the reasons listed herein. However, almost all of this property is currently not serviceable by the City of Meridian's sanitary sewer system. Sewer service for this development will be via the future North Black Cat lift station. At this point in time the facility is being designed; however, no funding has been approved for the construction. Approval of this development shall be subject to the North Black Cat sewer system being available, and improvements to the waste water treatment plant being completed. The Meridian Planning and Zoning Commission heard the item on October 6, 2005. At the public hearing they moved to recommend approval. Volterra AZ-O5-039, CUP-OS-O4], PP-O5-039, PP-O5-040 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 a. Summary of Public Hearing: i. In favor: Becky McKay (Applicant's representative) ii. In opposition: Paul Poorman, Gale Poonnan iii. Commenting: Jeny Stevenson iv. Staff presenting application: Craig Hood v. Other staff commenting on application: Mike Cole, Brad Hawkins-Clark b. Key Issues of Discussion by Commission: i. - Fencing adjacent to: open spaces, streets, micropaths and canals; ii. - Phasing of the project; iii. - Design of the subdivision; iv. - Traffic and upcoming roadway projects in this area; v. - The Fire Department's requirement to paint curbing red where parking is prohibited; Vl. - Public vs. private parks; and, vii. - Sewer availability. c. Key Commission Changes to Staff Recommendation: i. - Requiring 4-foot tall solid or 6-foot tall open-vision fencing adjacent to interior open spaces and micropaths; 11. - Requiring the applicant to provide new open space calculations (exclusive of sand in the bottom of drainage areas) prior to City Council; 111. - Allowing the applicant to possibly gravity sewer some of the property; and, IV. - Requiring the multi-use pathway to be constructed in coordination with the Parks Department's staff. d. Outstanding Issue(s) for City Council: i. - As of the print deadline for this staff report, the applicant had not provided new open space calculations, as required by the Planning & Zoning Commission (see Conditions 1.2.2 and 1.2.2B). Staffhas spoken with the applicant and the revised open space calculations should be available for the City Council public hearing. Staff recommends that Condition 1.3.3, regarding open space, be modified from the original proposal of 26-acres to reflect the new calculations that the applicant provides at the hearing. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: McMillan Road and Ten Mile Road / SW and NW comers ofN. Ten Mile and McMillan Roads within 4Nl W27 b. Owners Mary Floyd and E.L. & Shirley Bews Bews Family Limited Trust 5204 Sorrento Circle Boise, Idaho 83704 c. Applicant: Primeland Development 660 E. Franklin Rd. Suite 110 Meridian, Idaho, 83642 Volterra AZ-O5-039, CUP-O5-041, PP-OS-O39, PP-O5-040 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 d. Representative: e. Present Zoning: Becky McKay, Engineering Solutions RUT (Ada County) f. Present Comprehensive Plan Designation: Residential g. Description of Applicant's Request: Annexation and zoning of3I2.67 acres for a mixed use development consisting of attached and detached single-family lots, commercial lots and office lots. Medium Density Residential and Low Density 1. Date of preliminary plat (attached as Exhibit Al & A2): 07/21/05 (VolteITa) 07/13/05 (VolteITa South) 06/27/05 06/21/05 2. Date of CUP site plan (attached as Exhibit A3): 3. Date oflandscape plan (attached as Exhibit A4): h. Applicant's Statement/Justification (see Applicant's submittal letters): The proposed overall density (3.56 dwellings per acre) of the project complies with the City's designation of Medium Density Residential, which aIlows for residential densities which aIlows 3-8 dwellings per acre. We believe the use of the project will provide a development which will complement the suITounding land uses and will be a continuation of the Bridgetower proj ect. 4. PROCESS FACTS f. g. 5. LAND USE a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. The subject applications will in fact constitute preliminary plats as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. The subject application will in fact constitute a planned development as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 6, a public hearing is required before the City Council on this matter. The subject application will in fact constitute a conditional use as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. Newspaper notifications published on: September 19 and October 3,2005 (for Planning & Zoning Commission) and October 24 and 31, 2005 (for City Council). Radius notices mailed to properties within 300 feet on: September 9, 2005 (for Planning & Zoning Commission) and October 21,2005 (for City Council). Applicant posted notice on site by: September 26, 2005 (for Planning & Zoning Commission) and October 30, 2005 (for City Council). b. c. d. e. a. Existing Land Use(s): Primarily, the subject site is being used for agricultural purposes. There are two existing homes and several out buildings on the subject properties. There is a home site located near the southwest comer of McMillan and Ten Mile and a home located on the north side of McMillan, approximately 800 feet from Ten Mile Road. b. Description of Character of SuITounding Area: Today, this area is primarily being used for VoltelTa AZ-O5-039, CUP-O5-04I, PP-O5-039, PP-O5-040 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 agricultural purposes. All of the prope11ies adjacent to the western boundary of this project are currently zoned RUT in Ada County. There are some single-family homes on large lots located on the northeast comer of Black Cat Road and McMillan Road (Black Cat Estates No. 2). Drawbridge Subdivision, located south of the subject site adjacent to Ten Mile Road, is an R-3 residential subdivision on 5-acres. The City's Waste Water Treatment Plant is approximately ~ of a mile south of the subject site. Bainbridge Subdivision was approved for residential development just north of the subject site (subject to sewer availability). Bridgetower and Verona Subdivisions, both mixed.use developments, have been approved on the east side ofTen Mile Road, adjacent to this development. c. Adjacent Land Use and Zoning 1. North: CUITently used for agriculture (approved Bainbridge Subdivision), zoned R-8 2. West: Single.family on large parcels and agricultural, zoned RUT (Ada County) 3. South: Drawbridge Subdivision, zoned R-3/AgriculturaI, zoned RUT (Ada County) 4. East: Verona Subdivision, zoned C-G, L-O and R-8/Bridgetower Subdivision, zoned C.G and R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is a sewer main in Ten Mile Road with enough depth to sewer a small portion qf this site. Location of water: There is an existing main in Ten Mile Road. Issues or concerns: A vast majority of this development is currently not serviceable by the City of Meridian's sanitary sewer system. Gravity sewer will not be available to this property till at least early 2008. 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for. The rest of the vegetation on-site is for agricultural purposes. 3. Flood plain: NA 4. Canals/Ditches Irrigation: There are several ditches and drains that abut this site. Except for the White Drain and the Settlers Canal, the applicant is proposing to cover all ditches and laterals that cross, intersect, or are adjacent to the site. Please see the Analysis section below for requirements related to the inigation ditches, laterals and canals on this site. 5. Hazards: The Settlers Canal lies on the south side of McMillan Road adjacent to this site. The Settlers Canal is deep and wide and could be a hazard. 6. Proposed Zoning: C-G, L.O, R-4 7. Size of Property: 312.67 acres 8. Description of Use: Commercial, Office, Single.Pamily (attached and detached) f. Subdivision Plat fufonnation (includes Volterra and Volterra South): 1. Residential Lots: 728 2. Non-residential Lots: 37 VoltcITa AZ-O5-039, CUP-O5-041, PP-O5-039, PP-O5-040 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 3. Total Building Lots: 4. Common/Other Lots: 765 72 5. Total Lots: 837 6. Residential Area: 258.21 acres 7. Commercial Area: 54.46 acres 8. Gross Residential Density: 2.3 units per acre (2.8 units per acre excluding proposed L-O and C-G properties) g. Landscaping 1. Width of street buffer(s): Per MCC 12-13-10-4 a 25-foot wide street buffer is required along Black Cat, McMillan, and Ten Mile roads. Except adjacent to the proposed C-G areas, the applicant is proposing a common lot adjacent to Black Cat, McMillan, and Ten Mile roads that exceeds 25 feet (35 feet typically). A 35-foot wide landscape easement is proposed adjacent to the CoG areas that abut the arterial roads. A lO-foot wide street buffer is required along all commercial (local) roads. The landscape plan depicts the required street buffer adjacent to Panna Drive, Sangro Way, Gondola Drive and Milano Drive. However, except for Gondola Drive, the landscape buffers adjacent to the commercial roads are not depicted on the face of the plats. 2. Width ofbuffer(s) between land uses: A 20-foot wide landscape buffer is required between office zones/uses and single-family residential zones/uses. No other land use buffers apply to the proposed development. 3. Percentage of site as open space: 8.5% (26.4 acres) excluding required street buffers. 4. Other landscaping standards: The landscape buffers along the arterial streets should be constructed in accordance with MCC 12-13-10. The land use buffers should be constructed in accordance with MCC 12-13-12. City Code requires a 5-foot wide landscape strip on both sides of a micropath. Further, the landscape strips along micropaths shall include at least one deciduous tree for every 35 feet oflength (MCC 12-13-15-4)(except for the micropaths that contain sewer easements). Common open space lots should include at least one deciduous shade tree per 8,000 square feet (MCC 12-13-16-5). h. Conditional Use fuformation: I. Non-residential square footage; The applicant is proposing approximately 84,000 square feet of office space; 300,000 square feet of commercial; and 1,500 square feet for a clubhouse. 2. Proposed building height: submittal. Per requested zone at the time of building permit 3. Percentage of site devoted to building coverage: N/A 4. Percentage of site devoted to landscaping: 12.5% (39.1 acres) including street buffers. 5. Percentage of site devoted to paving: 63 acres of the site are for proposed streets. 6. Percentage of site devoted to other uses: N/A PAGE 5 Voltma AZ-O5-039, CUP-O5-041 , PP-O5-039, PP-O5-040 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 7. Number of Residential units: 728 i. Amenities: Clubhouse, swimming pool facility, multi-use pathway, park plaza, two tot lots, open space. j. Proposed and Required Residential Standards: R-4 Setbacks Proposed Required Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 20 20 Side 5 (0' for attached) 5 Rear 15 15 Frontage 41 80 Lot Size 5040 8000 k. Proposed and Required Non-Residential: C-G & L-O: The applicant is not requesting any deviation from the L-O and C-G lot sizes, frontage requirements and building setbacks. 1. Summary of Proposed Streets and/or Access: The applicant is proposing to construct five access points onto McMillan Road, five access points onto Ten Mile Road, and one access onto Black Cat Road. Two of the five access points to McMillan Road and two of the access points to Ten Mile Road are driveways for the commercial portion ofthe project. The remaining access points onto the adjacent roadways are proposed as pubic streets. The ACHD has approved all of the proposed access points. Staff is supportive of the general design of the proposed access points and streets, with one exception. The applicant is proposing to construct Gondola Drive, Malta Drive, San Vito Way/Avenue, Parma Drive, Milano Drive, and Sangro Way with detached sidewalks. Staff is supportive of the detached sidewalks along these roadways, but for the safety of the pedestrians using the walkways, staff recommends that the trees proposed on the back side of the walkways be placed between the curb and the face of the walk, not behind. The width of the planter strip between the curb and the sidewalk shall be in compliance with ACHD's interim policy for planters (at least 6-feet wide with root barrier or a minimum of 8-feet wide). F or a detailed report on the public streets and access points to public streets, please see the attached Exhibit B. 6. COMMENTS MEETING On September 16, 2005, ajoint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all COmments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Approximately 230 of the 312 acres is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium Density Residential areas are anticipated to contain between three and eight dwelling units per acre (net). The remaining 80 acres adjacent to Black Cat Road is designated "Low Density Residential" on the Comprehensive Plan Future VolteITa AZ-O5-039, CUP-O5-041, PP-O5-039, PP-O5-040 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (net). Some of the larger lots in the development are within the area designated for low density residential. Although the applicant has not submitted calculations, staff believes that this area contains less than 3.0 dwelling units per acre. Excluding the office and commercial areas, the overall net density is 3.56 dwelling units per acre (2.8 d.u./acre is gross density). Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . The suQject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. The subject lands currently lie within the jurisdiction of the Ada County Sher~If's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The suQject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should sl1ffer no revenue loss as a result of the suqject annexation. It is not clear how sanitarv sewer and water service will be extended to the vro;ect at this time. It mav be wars before service is available to this property. . . . . . Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter IV, Goal II: Diversity economic base of City -~ make Meridian more than a "bedroom" community. . . The applicant is proposing to zone and develop 19 acres of the property for office use, and 35 acres of the property is plannedfor commercial use. Although stqlfbelieves that North Meridian is nearing capacity for properties zoned non-residential (see the North Meridian Market Analysis prepared by Thornton, Oliver, Keller Commercial Real Estate, 2005, this is an appropriate location for, and an appropriate amount of, non-residential property. Chapter VII, Goal I: Ensure a variety and balance of land uses to support the Meridian Impact. Staff believes that the applicant is providing both a variety and appropriate balance of land uses that can be supported in this area. . Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities VoltelTa AZ-O5-039, CUP-O5-041, PP-O5-039, PP-O5-040 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 within the Impact Area. Staff finds that the majority of this site is designated for Medium Density Residential on the Comprehensive Plan Future Land Use Map (the 80 acres adjacent to Black Cat Road is designatedfor Low Density Residential). Although commercial uses have not been specifically planned for this property on the Comprehensive Plan Future Land Use Map, the Planned Development Ordinance (MCC 12-6) allows up to 20% of a project to be devoted to uses not normally permitted. . Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Both McMillan Road and Ten Mile Road are classified arterial roadways. The applicant is proposing access from the adjoining residential lots to the commercial areas from micropaths, sidewalks and shared streets. Staffbelieves that the commercial areas proposed compliment the existing and planned residential areas in the vicinity. . Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staflbelieves that the proposed land uses are appropriate along the adjoining transportation corridors (Ten Mile Road, McMillan Road and Black Cat Road). . Chapter VII, Goal V: Offer a diversity of housing types for a greater range of choice. Within the development, the applicant is proposing a wide variety of lot sizes. The proposed residential lots range in size from over 40,000 square feet, to around 5,000 square feet. The applicant is proposing 674 total single-family lots. Fifty-four of the single1àmily lots (7%) are proposed for attached units while the remaining lots (93%) are for detached single-family homes. Staff finds that a block of townhouses or duplexes may fit well within this development, but that the applicant is proposing a range of lot sizes and varied housing types with the subject applications. . Chapter VII, Goal V, Objective A, Action 4: Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. See analysis above. . Chapter IV, Goal II, Objective A, Action 6: Pennit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. Staff finds that this property is contiguous to the existing limits of the City. However, not all urban services are currently available to this property. Water is readily available in Ten Mile Road, but the sewer in Ten Mile Road has only enough depth to sewer a small portion of this site. Gravity sewer for the rest of this site should be available in early 2008, at the earliest. Chapter VII, Goal III: Ensure that adequate public services, including transportation, for existing and future development are provided. The intersection qfTen Mile Road and McMillan Road currently has an acceptable level qf service (see the traffic impact study summary on pages 9 -11). However, with the build out of the subject site, other developments in the area, and the anticipated construction of the Ten . Volten-a AZ-O5-039, CUP-O5-041, PP-O5-039, PP-O5-040 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 . Mile Road interchange, staff believes that this intersection and others in the area could have decreased levels of service in the nearfuture. Exceptfor sanitary sewer, this property can be served adequately by all public services at this time. Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to extend the multi-use pathwayfrom Verona Subdivision to and through this development to Black Cat Road. The applicant is proposing multiple micropaths between the bloch of the development. Other pedestrian access is proposed to adjacent properties via the sidewalks on the stub streets. The applicant is also proposing pedestrian access to the commercial portion of the development on the north side of McMillan Road, from the residential portion. StafJ'is supportive qf the proposed pedestrian pathway system. . Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing eleven stub streets to adjacent parcels. Staff is supportive of the proposed stub streets. The applicant is not proposing to extend Upriver Avenue into the site from Drawbridge Subdivision. To enhance connectivity and improve traffic flow, Upriver Avenue should be extended into the site from the south. . Chapter VI, Goal II, Obj ective A, Action 13: Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. Staflhas evaluated the adjacent properties and finds that the proposed stub street locations are ideal for future connections. . Chapter VI, Goal II, Objective A, Action 16: Require continuous, grid-like collectors around the north-south and east-west half-mile lines within the undeveloped sections of Meridian's Area of Impact at the time of new development. Such collectors should be the primary designated bike lane routes in lieu of Arterial streets, whenever possible. The applicant is proposing to construct Malta Drive, San Vito Way and Gondola Drive as residential collector roadways (no front-on housing). Gondola/Malta connect Ten Mile Road to Black Cat Road. Further, Malta Drive and Gondola Drive include a multi-use pathway adjacent to them. Stafffinds that the proposed residential collectors are generally located near the half-mile and shouldfunction as the primary routefor residents driving vehicles and bicyclists in this area. . Chapter VII (Collector Streets): Collectors shall be located at the north-south and east-west half-mile lines within the undeveloped sections of Meridian's Area of Impact. Collectors must be continuous through the full mile section. This does not preclude the integration of traffic calming measures, nor does it imply the roadway has a straight alignment. See above. . Chapter VI (Transportation): Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. A traffic impact study (TIS) was prepared for this development. The applicant submitted a traffic impact study that was compiled by Washington Group International that addresses Volterra AZ-O5-039, CUP-O5-04 I, PP-O5-039, PP-O5-040 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 cumulative impacts of Volterra Subdivision and Volterra Subdivision South. A summary of the submitted traffic impact study is as follows: 1. The proposed residential/commercial development is projected to generate an average daily traffic (ADT) of9,71J vehicles ofwhich the p.m. peak hour traffic is 1,181 vehicles per hour. 2. As a result of the site build out, traffic on the vicinity roadways is expected to increase. Traffic on McMillan Road west ofTen Mile may increase by 4,855 trips per day. Traffic on McMillan Road east ofTen Mile may increase by 1,262 trips per day. and traffic on McMillan Road west of Black Cat Road may increase by 680 trips per day. Traffic on Ten Mile Road may increase by 2,428 trips per day north of McMillan Road and 2,408 trips per day south of McMillan Road. Traffic on Black Cat Road may increase by 1,942 trips per day north of McMillan Road and 971 trips per day south of McMillan Road. 3. The intersection of Black Cat Road and McMillan Road is currently controlled by a two- way stop along the east and west approaches. The Black Cat Road and McMillan Road intersection currently operates under capacity at Level of Service (LOS) B with the existing traffic volumes. For the background year 2010 condition (e.g. regional growth), the intersection is predicted to operate at LOS B in the p.m. peak hour. For the build out year 2010 condition, the intersection is predicted to operate at LOS B in the p.m. peak hour. No improvements have been identified for the Black Cat Road and McMillan Road intersectionfor the background and build out conditions. 4. The intersection ofTen Mile Road and McMillan Road currently is controlled by afour- way stop. The Ten Mile Road and McMillan Road intersection currently operates under capacity at Level of Service (LOS) A with the existing traffic volumes. For the background year 2010 condition (e.g. regional growth), the intersection is predicted to operate at LOS A in the p.m. peak hour. For the build out year 2010 condition, the intersection is predicted to operate at LOS C in the p.m. peak hour. No improvements have been identifiedfor the Ten Mile Road and McMillan Road intersection for the background and build out conditions based on the capacity alone. However, as discussed below, a signal is warranted in the build out year based on the peak hour traffic volumes. 5. The intersection ofTen Mile Road and McMillan Road intersection marginally meets the peak hour signal warrantfor the build out year based on rural applications with a single lane at each approach. A signal warrant analysis for this intersection for the build out year using urban applications shows that a signal in not warranted. Approximately 51% of the total traffic generated at the Ten Mile Road and McMillan Road intersection is from the proposed Volterra development. A detailed analysis will be needed when the projected traffic volumes are reached before installing a signal. This intersection project is eligible for the use of impact fees. 6. The northern site approach intersection with Black Cat Road is predicted to operate well "under capacity" at LOS A or better throughout the development period. A leji turn bay and right turn bay have been identified as necessary improvements for the northern approach intersection with Black Cat Road based on ACHD's nomographs, west approach intersection with McMillan Road based on ACHD's nomographs. 7. The north leg of the western approach intersection with McMillan Road is predicted to operate well "under capacity" at LOS B or better throughout the development period. A leji turn bay and a right turn bay have been identified as necessary improvements for the north leg of the west approach intersection with McMillan Road based on ACHD 's nomographs. 8. The south leg of the western approach intersection with McMillan Road is predicted to operate well"under capacity" at LOS B or better throughout the development period. A VoltelTa AZ-O5-039, CUP-O5-041, PP-O5-039, PP-O5-040 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 left turn bay has been identified as a necessary improvement/Òr the south leg of the western approach intersection with McMillan Road based on ACHD's nomographs. 9. The north leg of the eastern approach intersection with McMillan Road is predicted to operate well "under capacity" at LOS B or better throughout the development period. A left turn bay and right turn bay have been identified as necessary improvementsfor the north leg of the eastern approach intersection with McMillan Road based on ACHD's nomographs. 10. The south leg of the eastern approach intersection with McMillan Road is predicted to operate well "under capacity" at LOS B or better throughout the development period. A left turn bay and right turn bay have been identified as necessary improvements for the south leg of the eastern approach intersection with McMillan Road based on ACHD's nomographs. 11. The north leg of the eastern commercial site approach intersection with McMillan Road is a right-in and right-out (RlRO) intersection only. The intersection is predicted to operate well "under capacity" at LOS B of better throughout the development period. No improvements have been identified for the north leg of the western commercial site approach and McMillan Road intersection. 12. The south leg of the western commercial site approach intersection with McMillan Road is a right-in and right-out (RlRO) intersection only. The intersection is predicted to operate well "under capacity" at LOS B of better throughout the development period. No improvements have been identified for the south leg of the western commercial site approach and McMillan Road intersection. 13. The northern site approach intersection with Ten Mile Road is predicted to operate "under capacity" at LOS C or better throughout the development period. A left turn bay and right turn bay have been identified as necessary improvements for the northern approach intersection with Ten Mile Road based on ACHD's nomographs. 14. The mid site approach intersection with Ten Mile Road is predicted to operate "under capacity" at LOS C or better throughout the development period. A left turn bay and right turn bay have been identified as necessary improvementsfor the mid approach intersection with Ten Mile Road based on ACHD's nomographs. 15. The northern commercial site approach intersection with Ten Mile Road is a right-in and right~out (RlRO) intersection only. The intersection is predicted to operate well "under capacity" at LOS B of better throughout the development period. A right turn bay has been identified as a necessary improvement for the northern commercial site approach and Ten Mile Road intersection. 16. The southern commercial site approach intersection with Ten Mile Road is a right-in and right-out (RlRO) intersection only. The intersection is predicted to operate well "under capacity" at LOS A of better throughout the development period. A right turn bay has been identified as a necessary improvement for the southern commercial site approach and Ten Mile Road intersection. 17. The south site approach intersection with Ten Mile Road is predicted to operate well "under capacity" at LOS B or better throughout the development period. A left turn bay and right turn 18. All or the internal streets with front on housing have daily traffic projections lower than 1000 vpd. Stafffinds that the subject development has been assessedjòr their impact on the transportation system and surrounding land uses. The applicant has included a multi-use pathway, sidewalks, micro paths and regular street connections to encourage walking and biking in this area. ACHD is requiring turn bays and other roadway improvements as part of their approval. Voltell'a AZ-O5-039, CUP-O5-04I, PP-O5~O39, PP-O5-040 PAGE II CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 . Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The A CHD evaluates access points in their analysis; no direct access is allowed to any of the internal residential collector roadways. The proposed access points to the arterial streets generally comply with ACHD 's standards. Please see the ACHD staff report and Exhibit B for the conditions from ACHD. . Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, benns, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By Ordinance, a minimum 25-foot wide landscape buffer is required adjacent to arterial streets (width does not include the right-of-way or any required sidewalk). . Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide pennanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant has not provided a fencing plan with the subject applications. The applicant should clarifY what perimeter fencing is planned for the development. Permanent perimeter fencing should be constructed around the perimeter of the development. . Chapter VII, Goal I, Objective D, Action 8: Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. The applicant has provided some of the largest lots in the development along the perimeter. The applicant is not proposing a landscape buffer orfencing to screen any of the adjacent properties. . Chapter V, Goal I, Objective A, Action 2: Identify feasible interconnected greenbelt areas along waterways, railroad, etc. As mentioned above, the applicant is extending the multi~use pa thway from Verona Subdivision. Once constructed the multi-use pathway will be continuous from Saguaro Canyon near Meridian Road to Black Cat Road (eventually the pathway will traverse the entire city east to west, north of McMillan Road. . Chapter VI, Goal II: Facilitate the movement of people and products to and from the Meridian Impact Area. Staff finds that the proposed street layout willjàcilitate the movement of people and products in this area. 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single-family homes as permitted uses in the Rø4 zoning district, commercial/retail uses are generally pennitted in the C-G district, and office type uses are generally pennitted in the L-O district. However, MCC 12ø6øl requires planned developments to comply with the conditional use procedures set forth in MCC 11-17. b. Purpose Statement of Zone: Rø4 Low Density Residential District: Only singleøfamily dwellings, public schools, and VoltelTa AZ-O5-039, CUP-O5-041, PP-O5-039, PP-O5-040 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 public and private parks shall be pemritted and no conditional uses shall be permitted except for planned developments. The pU1þose of the RM4 district is to pennit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to protect the integrity of residential areas by prolribiting the intrusion of incompatible nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. C-G General Retail And Service Commercial District: The pU1þose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. L-O Limited Office District: The pU1þose 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 pU1þose 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. c. General Standards: As part of the PD, the applicant is requesting modifications to the standard lot size, street frontage, side yard setback, house size, and block length of the R-4 zone. Other than the requested modifications, the proposed development substantially complies with all of the general standards of the Meridian Zoning Ordinance. d. Specific Standards: MCC 12-6-7 requires each non-residential phase of a conceptual PD to obtain approval through a new application, fee and public hearing. Therefore, all future non- residential buildings within the VoIterra PD shall be required to obtain detailed CUP approval prior to construction. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application (AZ-05M040): Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on June 28, 2005 by D. Terry Peugh, PLS) shows the property as contiguous to the existing colþorate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Volterra AZ-O5-039, CUP-O5-04 I, PP-O5-039, PP-O5-040 PAGE 13 CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall 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. MCC 11-16-4 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the close proximitv of existin!! and future residential uses. and the reQuirement that each buildin!! within the L-O and C-G zoned areas obtain detailed CUP approval. staff believes that a Development A!!feement is necessary to ensure that this propertv is developed in a fashion that is consistent with the comprehensive plan designation and does not ne!!ativelv impact nearbv t;Jroperties. Staff believes that the Development Agreement should include the following provisions: Phasin!! Plan: Generally, the applicant anticipates the phasing plan to begin with the office and commercial lots near the McMillan Road/Ten Mile Road intersection and then continue along McMillan Road, then north, south and filially west. The applicant has asked for leniency in the phasing of the project. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, staff recommends that prior to the City Council's approval of the 350lh residential lot (including Volterra and Volterra South), the 10.2 acre park (James Park) shall be constructed. Construction of the park shall include the proposed swimming pool and restrooms, the water feature (fountain), and the tot lot. Further, prior to the City Council's approval of the 550lh residential lot (including Volterra and Volterra South), the proposed 3 acre park south of McMillan Road shall be constructed. Construction of said park shall include the proposed plaza area and playground equipment. Non-Residential Buildings: Meridian City Code requires use exceptions to continue the architectural, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent and hannonious throughout the development. Further, City Code requires each non-residential phase of a planned development to obtain approval through a new CUP application, fee and public hearing. Therefore, staff recommends that the Development Agreement include a provision that requires all buildings within the L-O and C-G to zones contain architectural features and bulk building concepts that are similar to the residential buildings, as detennined by the Commission at each CUP public hearing. 2. PP Application (Volterra, PP-05-039): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Detached Sidewalks: The applicant is proposing to construct 5-foot wide detached sidewalks on some of the internal streets. The sidewalks are detached from the curb with a 5-foot wide landscape strip. The proposed landscape strips do not include trees, only grass. The applicant is proposing to plant trees on the back side of the sidewalks, but staff believes that the trees should be planted between the curb and the Volterra AZ-O5-039, CUP-O5-041, PP-O5-039, PP-O5-040 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 sidewalk to provide the pedestrians with cover and to make the streetscape more attractive. In accordance with the recently passed ACHD planter width standards, the width of the planter strip between the sidewalk and the curb should be increased to a minimum of 8~feet wide and include Class II trees. See Exhibit B below. Multi-use Pathway: In lieu of sidewalk, the applicant is proposing to construct the multi-use pathway that is depicted on the Future Land Use Map along Malta Drive and Gondola Drive. The applicant is proposing to detach the pathway from the curb and construct it lO-feet wide from Ten Mile Road (where it comes out of Verona) to Black Cat Road. Staff is supportive of the proposal to construct the multi-use pathway as depicted, as long as street trees are placed between the pathway and the curb (see Detached Sidewalks above). See Exhibit B below. Micropaths: The applicant is proposing to construct several micropaths with this plat. Staff is generally supportive of the pedestrian connections between the different neighborhood "pods". However, staff believes that an additional micropath should be provided in Block 37, generally between Lots 11 and 12. This micropath will break up a block that is approximately 1,500.feet long and provide additional connectivity between the subject development and the unplatted property to the north. All micropaths shall be constructed at least 5-feet wide, with 5 feet of landscaping on each side of the path (MCC 12-13-15.3). See Exhibit B below. Land Use Buffers: MCC 12-13-12 requires landscape buffers between different land uses. Per MCC 12-13-12-4, a 20-foot wide landscape buffer is required between single-family homes (Class I) and L-O zoned property (Class III). Meridian City Code 12-13~12-2 requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant is showing a 20-foot wide buffer between the single-family homes and the office lots on the landscape plan, but the buffer is not shown on the preliminary plat. The applicant should be required to graphically depict a 20.foot wide landscape buffer on the plat along the L-O zoned lots that abut the single-family lots. Said buffer shall contain materials in accordance with MCC 12.13-12-3 and not include impervious surfaces such as parking areas or driveways. See Exhibit B below. Landscape Street Buffers: Arterials: MCC 12-13-10.4 requires a 25-foot wide street buffer along classified arterial roadways. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along Black Cat Road, and at least 35-foot wide street buffers along McMillan Road and Ten Mile Road. The applicant should be required to depict the required street buffers on the face of the final plat, including adjacent to the office and commercial lots. Also, there is a 30-foot wide McMullen Lateral easement parallel to Ten Mile Road, just south of Malta Drive that is within the proposed landscape street bufffer. The submitted landscape plan shows trees within this easement. The irrigation districts typically prohibit trees from being planted within their easements. Therefore, the landscape plan should be modified to reflect the required trees along the Ten Mile Road street buffer to be located outside of the easement. See Exhibit B below. Commercial Streets: MCC 12-13-10-4 requires a 1O.foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct a IO-foot wide street buffer along both sides of Milano Drive and Sangro Way. However, the street buffer easements are not labeled on the plat. The applicant Volterra AZ-O5-039, CUP-O5-04 I, PP-O5-039, PP-O5-040 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF NOVEMBER 9,2005 should be required to depict the required la-foot wide street buffer easements along Sangro Way and Milano Drive, and Gondola Drive (from Sangro Way to Divide Creek Drive) on the face of the final plat. Ditches. Laterals. and Canals: There are several irrigation laterals that bisect this parcel. Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is proposing to tile all of the irrigation facilities on the north side of McMillan Road. See Exhibit B below. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single~point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Exhibit B below. Fencine:: The applicant is not showing any fencing on any of the submitted plans. Staff recommends that the applicant clarify, at the public hearing, how fencing is going to be constructed in this development. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-1O.F.3). Ifpennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fencing should be installed in accordance with City Code. See Exhibit B below. Existine: Residences/Buildine:s: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines and/or are not allowed in the proposed zone, all existing buildings shall be removed prior to signature of the final plat by the City Engineer. See Exhibit B below. Cross-access; There are some commercial lots that do not have frontage on a public street. Instead the applicant is proposing to provide cross-access easements to the lots that do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the office and commercial portion of the subdivision to use the driveways and parking aisles. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. 3. PP Application (Volterra South, PP-OS.O40): The proposed preliminary plat substantially complies with the current Zoning Ordinance. Special Considerations: Stub Streets: The applicant is proposing one stub street to the west and one stub street to the south. Staff is supportive of the location and design of the proposed stub streets. However, there is an existing stub street to this property that was required with Drawbridge Subdivision to the south. The applicant is not proposing to extend this stub street into the site. To promote connectivity between the adjacent properties, the applicant should be required to extend Upriver Drive into this site from the south. Up River Drive should connect with the proposed Lesina Drive. See Exhibit B below. Volterra AZ-O5-039, CUP-O5-041, PP-O5-039, PP-O5-040 PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 Cross-access: There are some commercial lots that do not have frontage on a public street. Instead the applicant is proposing to provide cross-access easements so the lots without frontage can access the public street system. Because several of the proposed lots do not have ITontage on a public street, the applicant should provide a cross parking/cross access agreement(s) for aU ofthe lots within the office and commercial portions of the subdivision to use the driveways and parking aisles. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. Detached Sidewalks Internal Streets: The applicant is proposing to construct 5-foot wide detached sidewalks on some of the internal streets. The sidewalks are detached from the curb with a 5-foot wide landscape strip. However, the proposed landscape strips do not include trees, only grass. The applicant is proposing to plant trees on the back side of the sidewalks, but staff believes that the trees should be planted between the curb and the sidewalk to provide the pedestrians with cover and to make the streetscape more attractive. In accordance with the recently passed ACHD planter width standards, the width of the planter strip between the sidewalk and the curb should be increased to a minimum of 8-feet wide and include Class II trees. See Landscape Street Buffers and Exhibit B below. McMillan Road: The applicant is proposing to construct detached sidewalks on the south side of McMillan Road. The proposed sidewalk: is separated from McMillan Road by the Settlers Canal. This design is similar to those previously approved by the City and ACHD on the south side of McMillan Road, adjacent to the Settlers Canal (Bridgetower, Caymus Cove). The applicant will be required to grant ACHD a public pedestrian easement for this detached sidewalk. See Exhibit B below. Landscape Street Buffers Arterials: MCC 12-13.10-4 requires a 25-foot wide street buffer along classified arterial roadways. On the submitted landscape plan, the applicant is proposing to construct a landscape buffer along the south side of McMillan Road that is 95-feet wide and includes a 50.foot wide easement for the Settlers Canal. The applicant should be required to depict the required street buffer easements/lots on the face of the final plat, including adjacent to the office and connnerciallots, which is currently not shown on the plat. See Exhibit B below. Commercial Streets: MCC 12-13-10-4 requires a 10-foot wide street buffer along connnercial roadways. On the submitted landscape plan, the applicant is proposing to construct a 10-foot wide street buffer along both sides of Sangro Way and Parma Drive. However, the street buffer easements are not labeled on the plat. The applicant should be required to depict the required 10-foot wide street buffer easements along Sangro Way and Parma Drive on the face of the final plat. MicroDaths: The applicant is proposing to construct two micropaths with this plat. Staff is supportive of the pedestrian connections between the different neighborhood "pods." All proposed micropaths shall be constructed at least 5-feet wide, with 5 feet oflandscaping on each side of the path (MCC 12-13-15-3). See Exhibit B below. Land Use Buffers: MCC 12-13-12 requires landscape buffers between different land uses. Per MCC 12-13-12-4, a 20-foot wide landscape buffer is required between single-family homes (Class I) and L-O zoned property (Class III). Meridian City Code 12-13-12-2 requires the land use buffer to be provided by the higher intensity Volterra AZ-O5-039, CUP-O5-041 , PP-O5-039, PP-O5-040 PAGEl? CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 use and to be located on the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant is showing a 20~foot wide buffer between the single-family homes and the office lots on the landscape plan, but the buffer is not shown on the preliminary plat. The applicant should be required to graphically depict a 20-foot wide landscape buffer along the west side of the L-O zoned lots that abut the single-family lots. Said buffer shall contain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas or driveways. See Exhibit B below. Ditches. Laterals. and Canals: There are several irrigation laterals that bisect this parcel. Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is proposing to relocate and leave open the White Drain, between Ten Mile Road and McMillan Road, as well as the Settlers Canal, which runs along the south side of McMillan Road. Staff has talked with Nathan Draper at Settlers Irrigation District and it is preferable to them that the applicant leave the White Drain open so that groundwater can get to the facility. Also, the City Council has regularly granted waivers of the requirement to tile the Settlers Canal. The Settlers Canal is a major facility, and it would at least take a 48- inch pipe to contain it. For the reasons listed above, staff recommends that, except for the White Drain and the Settlers Canal, all irrigation ditches, laterals and canals be tiled. See Fencing and Exhibit B below. Pressure IrrÜration: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Exhibit B below. Fencing: The applicant is not showing any fencing on any of the submitted plans. Staff recommends that the applicant clarify, at the public hearing, how fencing is going to be constructed in this development. Staff is particularly concerned with fencing adjacent to the White Drain and the Settlers Canal, as the applicant is proposing to leave both of these waterways open (see Ditches, Laterals, and Canals above). To provide for both protection of the waterways and citizens, staff recommends that a 6-foot tall see-through, non-climbable fence be installed along both sides of the White Drain and along the south side of the Settlers Canal (between the sidewalk and the top of bank). This requirement will allow the future residents to enjoy the water features, yet discourage them from entering into them. A detailed fencing plan should be submitted upon application of the fmal plat (MCC 12-4- IO.F.3). If pennanent fencing is not provided around the perimeter of the development, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fencing should be installed in accordance with City Code. See Exhibit B below. Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines and/or are not allowed in the proposed zone, all existing buildings shall be removed prior to signature of the final plat by the City Engineer. See Exhibit B below. VolteITa AZ-O5-039, CUP-O5-041, PP-O5-039, PP-O5-040 PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Patio Home Lots: The applicant is proposing 54 patio home (zero lot line) lots within Volterra South Subdivision. Lots 6-19 & 21-32, Block 3, Lots 2-13, Block 4, and Lots 2-17, Block 5, are all planned for attached lots. Staff is support of this proposal. A note should be placed on the final plat that references CUP-05-041 and the allowance for a O-foot side setback on the attached patio home lots. 4. CUP Application (CUP-05.041): The proposed preliminary plat substantially complies with the current Zoning Ordinance. Special Considerations: Requested Modifications: The applicant is requesting, through the Planned Development Ordinance, several modifications to the standard requirements of Meridian City Code and the R -4 zone. The most significant and uncommon modification being requested has to do with the use exception request. The applicant is requesting to zone over 17% of the site for non-residential uses. The applicant is proposing to zone 19.3 acres to L-O (Limited Office) for office uses and 35.2 acres for general retail and service commercial uses (C-G zoning). Staff is supportive of this use exception request as the non-residential and residential land uses are integrated well and the application generally complies with the Zoning Ordinance and the Comprehensive Plan (see Exhibit D for detailed analysis). The applicant is also requesting approval to modify the minimum lot size in this development from the 8,000 square-feet typically required to 5,000 square-feet. There are 144 lots (20%) that are proposed below the 8,000 square-foot minimum requirement. The applicant is also requesting a modification to the minimum house size of the RA zone, from 1,400 square-feet to 1,200 square feet for the patio homes (the detached homes will meet the 1,400 square-foot minimum). The applicant is also requesting a O-foot side setback for the attached patio homes. There are 54 patio homes/lots being proposed on Lots 6-19 & 21-32, Block 3, Lots 2-13, Block 4, and Lots 2-17, Block 5. The applicant is seeking a modification to the standard frontage requirement of the R-4 zone, which is 80 feet. There are several lots that have less than 80.feet of frontage; the applicant is requesting that frontage be reduced to 41- feet (straight-aways) and 35-feet (measured on a chord) for cul-de-sac lots and lots on a curve. The applicant is also requesting a modification to the maximum block length, which is currently 1,000 feet. Staff is supportive of all the requested modifications as they allow for variety in the lot sizes and housing types within the development. See Exhibit B below. Amenities: The applicant is proposing several amenities for this development. The applicant is proposing to set aside 39 acres for open space (including street buffers). The useable open space is 25 acres (8.5 % of the site); only 5% open space is required. Other amenities include a IO.2-acre park (to be owned and maintained by the HOA and not the City) centrally located in the development. The park includes a swimming pool and restrooms, a tot lot area, and a water feature. The applicant is also proposing to construct a lO-foot wide multi-use pathway throughout the development and micropaths that link the different blocks to each other. A 3-acre park is proposed on the south side of McMillan Road that also includes a tot lot area and a plaza space. See Exhibit B below. Elevations: The applicant has not submitted any elevations for the single~family detached or attached homes. The applicant does state that the home elevations will be similar to those in Bridgetower Crossing Subdivision. As part of the application submittal, the City requires that elevations and a construction materials list be Volten-a AZ-O5-039, CUP-O5-041, PP-O5-039, PP-O5-040 PAGE 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 submitted for buildings within a PD. Staff recommends that the applicant bring elevations to the Plannin2: & Zonin2: Commission hearin2:. 10 covies of sample elevations for the attached and detached homes be submitted to the Citv Clerks office. See Exhibit B below. b. Staff Recommendation: Staff recommends approval of AZ-05-040. PP-05-039. PP-05- 040. and CUP-05-041 for Volterra Subdivision and Volterra South Subdivision. based on the Findine:s of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. c. Other: The Comprehensive Plan designates a future school site within tIns section. It is staff's understanding that the Meridian School District has plans for an elementary and middle school to share a campus in this section. The applicant has indicated on the application that the School District has not specified the need for a school in this area. However, as of the print deadline for this report the Meridian School District had not acquired a school site in this section. The available land for a school site is rapidly disappearing in this area. Staff recommends that the Commission and Council rely on any comments received from the Meridian School District regarding approval of the subject development without a school site, when detennining if the proposed development is in the best interest of the City. 10. PROPOSED MOTION Approve I move to approval File Numbers AZ-05-040, PP-05-039, PP~05-040 and CuP-05-041 as presented in staff report for the hearing date of November 9, 2005 and the preliminary plats dated July 13, 2005 and July 21,2005, the site plan dated June 27,2005 with the following modifications to the conditions of approval: (add any proposed modifications) Deny I move to deny File Numbers AZ-05-040, PP-05-039, PP/05-040, and CuP-05-041 for the following reasons: (you should state specific reasons for denial of the annexation; you must state specific reasons for denial of the CUP and preliminary plates). They should address how the applicant might re-do the application to gain your recommendation for approval.) 11. EXHffiITS A. Drawings 1. Volterra Preliminary Plat (dated: 07/21/05) 2. Volterra South Preliminary Plat (dated: 07/13/05) 3. CuP Site Plan (dated: 06/27/05) 4. Landscape Plan (dated: 06/21/05) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company Volterra AZ-O5-039, CUP-O5-041, PP-O5-039, PP-O5-040 PAGE 20 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 7. Ada County Highway District 8. Settlers' Irrigation District C. Legal Description D. Required Findings from Zoning Ordinance -------"--, 1. Annexation --'-, 2-.- 'Pre1i.r~nary Plat (Volterra) 3. Prelimlnalj'-J?lat (Volterra South) - 4. Conditional Use PemIit- 5. Planned Development ------ ------- ~ ~ -------'--' --~- "---- --' ---- -'-- Volterra AZ-O5-039, CUP-O5-04I, PP-O5-039, PP-O5-040 PAGE 21 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 A. Drawings 1. Volterra Preliminary Plat (dated: 07/21/05) Ili~i ~ t'~¡j!l' mf~1iü I i'f~~'J; I Ij~H "J211' '~ , I ", d i III ,. 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CUP Site Plan (dated: 06/27/05) ,,------ --,-,-- ----, -- ""u --- I I ---, -,--- ----"',.,--- .",,- ---",-",-,--- ---- --------,------ -------- 'II¡¡ ~, ~ ¡~ lj¡¡!1 :J~~~:!J i ilIa j !, ~ I 1m II :;-~:.¡i !n Î~ I j :1 i,! ; lit: ~~I¡li~~_~I:I!I~,-I_I,-1 ? ;~ ~I~ h ~. ì i ¡ "! > ~ ~~, <'"1 ~ ~'~ < ~ ï ~ ~- Exhibit A - Page 5 .""'" 0" , ....", "'>- , i " ! : l j: I: II j ! ", 0 I . I' I ¡ I I I " . "' I IjPiP~PI eo ß~~taJ.f ;:Uz~~ fl, 'Hi . I r ! 11 ¡ í ,W"":!' r: '-,' I I !f ~ ~ I U ~ ] a ,. t i ~ufidK jiiI:pp}lj ~ h\fhJí~IŒ ¡ e ,,- /, '"' I- ~ ,~ w CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 ----- -------- ------ I' !.I ~! .1 ,- ,J ---I ","P,-",," ----r--'_:¡r' (~ ~ \ !" - I~i I., ~,:¡." :.:.----~-1--"'-1 r"" ,'-- .,--'-'- .,.,s,u." ¡. ~'!"'II.'. .', " . .' .'1 ! ' -~ - - --!, _f- ----- ! . ! ~ . ,- It :-~-;~ I ,.~ :~' :: - - ---~'O - ,:¡- Lr .:...' /. 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", ,-' --t-""-( T "'" ~-[¡I' : '1'------ "':_'__", , "',,' I ')"I"~--~:-I','d '~"'~.; (,.-,::- - :.-ji- ----;,'ti¡-: r-- -I' ---!':",I---,- {~:lil:i~ : -:.;,=-~" , ' I~-=-..-"""'.~: --' '-- _I " -t - -1- I í~,,1 + I: ¡ . o¡:,~L ~ i: - ~iJ~=~'I'~-¡f-' --,,- -, ~.. -'I~'I,I--" 1:;---~}llil,:, ,Ii:",: , I'! -" I '~~ " I l<- i:' :,1 ~~, '(" ---,---',- d¡:'¡C .; ¡ :J.~-~!~ -~~-~("'f:1~/ \, :}~j~ -;~---:-~ ;:~/ylj:~1¡ 11'- il' i,7 , \ (-:::;".:.00"""",;",;",-,-' '."". -----,- 'I ~,4',lf",,r ," : I' ,,- I'~-í -~~-=~,- ~, i'::I¡ir; ',r : I " , I 9 j ",~:-II, ", ': ' ;, \'--')11": ):- -' ,- ~ ! ;~I 1,'1 .1 : ,'" --- - - c "'::.::11,1,: "," '---, I Exhibit A - Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 -'"-,,, ""-'O::;I"~1:t:~;~11 ""~H ..,",---- '""=:"'li¡r;~r'Tri;:1 -_ü.~~!~1~ ~,~~~- ,-_."JL~~_il1J, \J : ,t~ I ~~j, ,-~, jll~~I:'~~,;c::W'-:::::;~'I~I= ---::,11" (,,:/# ',OCt r jC{I\=-.=¡C"=,~t--:".:,,:_:-;1 K,1': : lií fll , ' : .)' 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';111 I ~---:-" ---f"~~lr' ,-- t/I I"¡ (, , - 'r' . , "",',' , I' , 'I I L,""X'C'-' -.('(;:;- ~::::<'ffr 1 I I II):--~¡I-~:"I~: : .' ",' ',' \:\(~~)r"~c-~=-~""-,~,"'--"-'""",-.,=.='_=-,,;;l,, ';_. i';:J ,I: :", y" ',,-,---" <;"'ll"",h:.~"---'-'~'7..---"-~,,-,~~,,-=,-.-~,~,..-"~"-""""/-""'-~'/':"'j!;'¡,: :", I:,(~, "i~',!:J' I' ~~,,¡,"-.'l!'" . " :J '." \, ; ,I~ 1],'1, , ! I ' ' ":"J I': .-j"" /f-'-~"~' "':;", "Ir I I "i~' J '1/, I" ::::~' l«-~:'~>"" -'~~:"'I,Ä,""-'lh--,""~ -, -",-," -- J ,~;,6' ',I: { ¡ "." " '" -~~~~~.l.C'.l~~C~2C~"'J'--:"'~'~;-"-'-\'-<' .n Ii ,¡, ,..; L.._- .I:'~-;'- -~~~"-......n_..~..~~:'t_..".,~ ':"::,7~----..~:";:-~~¡;'~~=.~é~ .;_J t'"...,,",..,c '~:-:::'1..- "- ,t~ '~ ,-- :~~~,i,{;-:~~~, ,~Y'.._= , " " ',,:,é I,..." , , 1- li- ;ßJ lEi i__" L__.." " ,,-, Exhibit A - Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 B. Conditions of Approval 1. Planning Department 1.1 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 1.1.10 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (VOLTERRA, PP-05-039) The preliminary plat labeled as Sheets 1, 2 and 3 prepared by Engineering Solutions, LLP, dated July 21, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-05-040) and Conditional Use Pennit (CUP-05-041) applications shall also be considered conditions of the Preliminary Plat (PP-05-039). The planter strip between the curb and the near edge of the sidewalk, or multi-use pathway, along all the internal streets with detached walks shall be a minimum of 8-feet wide and include Class II trees. Construct a la-foot wide multi-use pathway along Malta Drive and Gondola Drive, from Ten Mile Road to Black Cat Road, as proposed. Class II street trees shall be placed between the multi- use pathway and the curb ofthe adjacent street (see Conditions 1.1.2 above). In addition to the pedestrian connections proposed, construct a micropath in Block 37, generally between Lots 11 and 12. All micropaths shall be constructed at least 5-feet wide and include 5- feet oflandscaping on each side of the pavement. Graphically depict a 20-foot wide landscape buffer easement along the L-O zoned lots that abut single-family lots. Said buffer area shall contain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas or driveways. Depict, on the face ofthe plat, at least a 25-foot wide landscape buffer along Black Cat Road, Ten Mile Road, and McMillan Road. Depict on the face ofthe final plat a la-foot wide landscape buffer along both sides of Sangro Way, Milano Drive, and Gondola Drive (from Sangro Way to Divide Creek Drive). Said landscape buffers shall be in a common lot within the RA zones and may be in either a common lot or an easement adjacent to the L-O and C-G zoned lots. The landscape plan prepared by Harvest Design, P.C., labeled Sheets LS-O, LS-l, LS-2, LS-3, LS-4, LS-5, and LS-6, is approved with the following change(s): Construct the required trees along McMillan Road, that are currently proposed within the McMullen Later Easement, to be outside of the irrigation district's easement. . Only Class II tress shall be allowed within the planter strips between the sidewalk and the curb along the internal streets with detached sidewalks. With the final plat application, submitted revised copies of the landscape plan with the changes listed above. Other than the changes listed herein, the approved landscape plan is not to be altered without prior written approval of the Planning Department. Maintenance of all common areas shall be the responsibility of the Volterra Subdivision Homeowners' or Business' Owners Association(s). . The feHeiHg; rÐql:lffemØflts for miero paths afld interior open spaees (Hot liOOffi" OpØfl spaees) shall be limited to either 1 foot tall solid or 6 foot tall OpØfl visioR. Four-foot tall solid fendne. with two-feet oflattice on too. may be constructed adjacent to interior ODen SDaces and micro- oaths. Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. Exhibit B - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 1.1.11 Provide cross access/cross parking agreement(s) for all of the L-O and C-G lots to use the ACHD approved driveways and parking aisles as access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.12 Other than the accesses approved by ACHD, access to Ten Mile Road, McMillan Road and Black Cat Road is prohibited. A note shall be placed on the final plat restricting access to Ten Mile Road, McMillan Road and Black Cat Road. 1.2 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 1.2.6 1.2.7 LIB GENERAL REQUIREMENTS-PRELIMINARY PLAT Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12w13-1O-8. All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater detention facilities incorporated into the approved open space are subject to MCC 12- 13.14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as pennitted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If pennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fencing should be installed in accordance with City Code. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, U1Ùess otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. Staff's failure to cite specific ordinance provisions or tenus of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (VOLTERRA SOUTH, PP-05- 040) 1.1.1B The preliminary plat labeled as Sheet 1 prepared by Engineering Solutions, LLP, dated July 13, 2005, is approved, with the conditions listed herein. All comments/conditions of the Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 1.1.2B accompanying Annexation and Zoning (AZ-O5-040) and Conditional Use Pennit (CuP-O5-041) applications shall also be considered conditions of the Preliminary Plat (PP-O5-040). The planter strip between the curb and the near edge of the sidewalk along all the internal streets with detached walks shall be a minimum of 8-feet wide and include Class IT trees. 11'1 additioR 10 the stub streets proposed, ØJrtend Provide a Dedestrian connection into this site from Upriver Drive Ífeffi in Drawbridge Subdivision iato this site from the south. Graphically depict a 20-foot wide landscape buffer easement along the west side of the L-O zoned lots that abut single-family lots. Said buffer area shall contain materials in accordance with MCC 12~13-12-3 and not include impervious surfaces such as parking areas or driveways. Depict, on the face of the plat, at least a 25-foot wide landscape buffer easement or lot along Ten Mile Road and McMillan Road. Depict on the face of the final plat a la-foot wide landscape buffer easement adj acent to the commercial portions of Sangro Way and Patma Drive. Said landscape buffers shall be in a common lot within the R-4 zones and may be in either a common lot or an easement adjacent to the L-O and C-G zoned lots. 1.1.3B l.1AB 1.1.5B 1.1.6B The landscape plan prepared by Harvest Design, P.C., labeled Sheets LS-O, LS-l, LS-2, LS-3, LS-4, LS-5, and LS-6, is approved with the following change(s): . Construct the sidewalk on McMillan Road on the south side of the Settlers Canal. Comply with ACHD's requirements for construction and easements. . Only Class IT tress shall be allowed within the planter strips between the sidewalk and the curb along the internal streets with detached sidewalks. . All micropaths shall be constructed at least 5-feet wide and include 5-feet oflandscaping on each side of the pavement. With the final plat application, submitted revised copies of the landscape plan with the changes listed above. Other than the changes listed herein, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. Maintenance of all common areas shall be the responsibility of the Volterra South Subdivision Homeowners' or Business' Owners Association(s). 1.1. 7B The applieaftt shall eoR3tmet a 6 foot tall opeR visiOR, HeR elimbable feR0e aloRf; both sides of the v,'hite Dram aREI. along the se1:1th side of the Settlers CaRai. Four-foot tall solid fen cine:. with two-feet oflattice on too. mav be constructed adjacent to interior oven SDaces and micro- Daths. 1.1.9B Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.8B 1.1.10B Provide cross access/cross parking agreement(s) for all of the L-O and C-G lots to use the ACHD approved driveways and parking aisles as access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.11B Other than the accesses approved by ACHD, access to Ten Mile Road and McMillan Road is prohibited. A note shall be placed on the final plat restricting access to Ten Mile Road and McMillan Road. 1.1.12B All irrigation ditches, laterals or canals, exclusive of natural waterways, the White Drain and the Settlers Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the City and the lITigation District(s). Plans will need to be approved by the appropriate irrigation/drainage Exhibit B - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.13.B Provide a stub street to the 5-acre Darcel to the south (Parcel #S0434142354) from Lesina Drive. 1.2.B GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1B Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2B 1.2.3B 1.2.4B 1.2.5B 1.2.6B 1.3 1.3.1 1.3.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as pernútted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC l2~13~14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If pennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pernút. All fencing should be installed in accordance with City Code. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. Staff's failure to cite specific ordinance provisions or tenns of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC l2~2-4. SITE SPECIFIC REQUIREMENTS-CONDITIONAL USE PERMIT (CUP-05-04l) The site plan prepared by Engineering Solutions, LLP, dated June 27, 2005, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation and Zoning (AZ-05-040) and Preliminary Plats (PP-05~039 and PP-05-040) as a condition of the Conditional Use Pernút (CUP-05-041). The project shall confonn to the R-4 dimensional standards, except as follows: . Lot Size - 5,000 sq. ft. (minimum)(attached) 7,000 sq. ft.(minimum)(detached) . Lot Frontage - 41 feet (minimum)(on straight-away) 35 feet (minimum)(chord length on a cul.de-sac or curve) Exhibit B - Page 4 1.3.3 1.3.4 1.3.5 2.1 2.2 2.3 2.4 2.5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TliE HEARING DATE OF NOVEMBER 9, 2005 . House Size - 1,200 sq. ft. (minimum)(attached patio home) . Residential Building Setbacks - The following lots may have a O-foot side setback on one side: Lots 6-19 & 21-32, Block 3, Lots 2-13, Block 4, and Lots 2-17, Block 5. As amenities for the subject planned development, construct: aiD-foot wide asphalt pathway from Black Cat Road to Ten Mile Road; set aside ~ M.d..acres 03.9 acres in Volterra North and 10.5 acres in Volterra South) for common useable open space (39 acres including street buffers); construct a pool with restrooms and changing areas, a water feature, and tot-lot play area within the 10.2-acre private park on Lot 11, Block 21; and a 2.97-acre private park with a tot lot and plaza area on the south side of McMillan Road. Construction within Volterra Subdivision and Volterra South Subdivision shall substantially comply with the elevations submitted by the applicant at the Plamung & Zoning Commission meeting. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Building Code. Provide I!rass and other landscapinl! within the White Drain easement. as allowed bv Settlers' Irril!ation District throul!h a license ae:reement. 2. Public Works Department Site Specific Comments for Volterra Subdivision A majority of this development is not currently serviceable by the City of Meridian's sewer system. This area is master planned to drain to the yet to be built "North Black Cat Lift Station". The "North Black Lift Station" is under design at this time, however it will not be allowed to be activated until the upgrades to the treatment plant are completed, projected completion date is early 2008. If this development is approved, it shall be subject to the North Black Cat sewer system being available. The applicant shall be able to gravity the portion of land shown to be sewered by the master sewer plan from the Ten Mile Trunk. Any land that can gravity passed that line shall be modeled at the developer's expense and, then, may be sewered only at the Public Work's director's discretion. No substandard grades shall be allowed, nor artificial fill designed to increase sewer expansion. At such time as this development is serviceable by the City of Meridian's sewer system, the applicant will be responsible to construct mains to and through this development, coordinate main size and routing with the Public Works Department. The applicant shall execute standard fonns of easement for any mains that are required to provide service. No "temporary" or "interim" lift stations shall be allowed in this development. Any existing domestic well and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation with approval for Idaho Department of Water Resources. Meridian City Code l2-5-2-N requires that any new development shall provide pressurized irrigation. The applicant has indicated it is to be a private system owned and maintained by the Exhibit B - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9. 2005 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 Homeowners Association, a draft copy of the operations and maintenance manual shall be submitted prior to plan approval, with a final copy to be submitted prior to signature on the final plat of the last phase by the City Engineer. 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 municipal water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat. Water service to this site is being proposed via extension of existing mains in Ten Mile Road. The applicant shall be responsible to install mains to and through this proposed development, coordinate main size and routing with the Public Works Department. Applicant to execute City of Meridian standard fOlTIlS of easements for any mains that are required to provide service. This development is on the west side of Ten Mile Road which will be a future boundary for a water pressure zone. The applicant shall be responsible for the installation of any Pressure Reducing Vault's that are necessary to protect this boundary. Each Pressure Reducing Vault shall be designed to include communication capabilities that are consistent with the City of Meridian's Scada system. Coordinate location and number with Len Grady at the Public Works Department. Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. No large landscaping shall be allowed within 5-feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. As each commercial and office lot develop a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. The preliminary plat depicts drainage ponds being constructed on buildable lots. The applicant shall move all off street drainage ponds into common lots/non-buildable lots, or submit written approval from ACHD that they accept the location. This shall be done prior to signature of the City Engineer on the final plat. Vacate any recorded existing drainage or irrigation easement of facilities that are being relocated or abandoned. This includes but is not limited to the McMullen. If they are proscriptive, they need not be vacated. However, if they are a recorded easement, the applicant will agree to vacate them. Exhibit B - Page 6 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2B.l CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 2.14 Verify that the unnamed ditches that are shown as being abandoned, do not serve any downstream users. If these ditches are still being used, the applicant shall pipe these facilities or maintain them as per state law. Dedicate additional width to the Public Utilities, Drainage, and Irrigation easement along the collector streets. There needs to be lO-feet of free and clear easement beyond the three-feet of sidewalk that encroaches out of the right-of-way. Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized ilTigation, sanitary sewer, water, etc., prior to signature on the final plat. All development improvements, including but not limited to sewer, fencing, micro~paths, pressurized ilTigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. All grading ofthe site shall be perfonned in confonnance with MCC 11-12-3H. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. Site Specific Comments Volterra South Subdivision A majority of this development is not cUITently serviceable by the City of Meridian's sewer system. This area is master planned to drain to the yet to be built "North Black Cat Lift Station". The "North Black Lift Station" is under design at this time, however it will not be allowed to be activated until the upgrades to the treatment plant are completed, projected completion date is Exhibit B - Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 2B.2 2B.3 2B.4 2B.5 2B.6 2B.7 2B.8 2B.9 early 2008. If this development is approved, it shall be subject to the North Black Cat sewer system being available. The applicant shall be able to gravity the portion of land shown to be sewered by the master sewer plan from the Ten Mile Trunk. Any land that can gravity passed that line shall be modeled at the developer's expense and, then, may be sewered only at the Public Work's director's discretion. No substandard grades shall be allowed, nor artificial fill designed to . . mcrease sewer expanslOn. At such time as this development is serviceable by the City of Meridian's sewer system, the applicant will be responsible to construct mains to and through tills development, coordinate main size and routing with the Public Works Department. The applicant shall execute standard fonns of easement for any mains that are required to provide service. No "temporary" or "interim" lift stations shall be allowed in tills development. Meridian City Code l2-5-2-N requires that any new development shall provide pressurized irrigation. The applicant has indicated it is to be a private system owned and maintained by the Homeowners Association, a draft copy of the operations and maintenance manual shall be submitted prior to plan approval, with a final copy to be submitted prior to signature on the final plat ofthe last phase by the City Engineer. 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 municipal water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat. Water service to tills site is being proposed via extension of existing mains in Ten Mile Road. The applicant shall be responsible to install mains to and through tills proposed development, coordinate main size and routing with the Public Works Department. Applicant to execute City of Meridian standard fonns of easements for any mains that are required to provide service. Tbis development is on the west side of Ten Mile Road wbich will be a future boundary for a water pressure zone. The applicant shall be responsible for the installation of any Pressure Reducing Vault's that are necessary to protect tills boundary. Each Pressure Reducing Vault shall be designed to include communication capabilities that are consistent with the City of Meridian's Scada system. Coordinate location and number with Len Grady at the Public Works Department. Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the grapbically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, wbich must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exbibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing tills document. No large landscaping shall be allowed witbin 5-feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 2B.lO As each commercial and office lot develop a drainage plan designed by a State of Idaho licensed arcbitect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Stonn water treatment and disposal shall be designed in Exhibit B - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOYEMBER 9, 2005 accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2B.11 The preliminary plat depicts drainage ponds being constructed on buildable 10ts. The applicant shall move all off street drainage ponds into common lots/non-buildable lots, or submit written approval from ACHD that they accept the location. This shall be done prior to signature of the City Engineer on the final plat. 2B.12 Vacate any recorded existing drainage or iITigation easements of facilities that are being relocated or abandoned. This includes but is not limited to the White Drain. 2B.13 Dedicate additional width to the Public Utilities, Drainage, and Irrigation easement along the collector streets. There needs to be 10-feet of liee and clear easement beyond the three-feet of sidewalk that encroaches out of the right-of-way. 2B.14 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2B.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized iITigation, satùtary sewer, water, etc., prior to signature on the final plat. 2B.16 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized iITigation and landscaping shall be installed and approved prior to obtaitùng certificates of occupancy. 2B.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2B.18 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2B.19 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2B.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2B.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2B.22 All grading of the site shall be perfonned in confonnance with MCC 11-12-3H. 2B.23 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Exhibit B - Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 2B.24 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2B.25 Any existing domestic well and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape icrigation with approval for Idaho Department of Water Resources. 3. Meridian Fire Department One and two fanlily dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of SOD' apart. futernational Fire Code Appendix C Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Final Approval of the fITe hydrant locations shall be by the Meridian Fire Department (see Comment I in Section 3). 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location, as clarified by the Fire Department. e. Fire Hydrants shall be placed on comers when spacing pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane", as clarified by the Fire Departmentfusure that all yet undeveloped parcels are maintained free of combustible vegetation. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. Building setbacks shall be per the futernational Building Code for one and two story construction. The roadways shall be built to Ada COilllty Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Exhibit B - Page 10 3.15 3.16 3.17 3.18 3.19 3.20 4.1 4.2 4.3 5.1 5.2 5.3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 3.11 Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. The fire department requests that any future signalization installed as the result of the development of tIlls project be equipped with Opticom Sensors to ensure a safe and eftìcient response by fire and emergency medical service vehicles. TIlls cost of this installation is to be borne by the developer. Maintain a separation of 5' ITom the building to the dwnpster enclosure. Provide a Knoxbox entry system for the complex prior to occupancy. The flfSt digit of the Apartment/Office Suite shall correspond to the floor level. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. Provide exterior egress lighting as required by the International Building & Fire Codes. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fIre hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D1O5. 3.12 3.13 3.14 Pool chemicals shall be stored in compliance with the futernational Fire Code. 4. Police Department The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Gondola and Malta. The pedestrian access to the proposed clubhouse is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department Pathway and Trail standards: Pathways and trails to be constructed as directed by the Parks Department. Standard for City to asswne Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will asswne the maintenance of any section of pathway. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed Exhibit B - Page 11 7.6 7.7 7.8 7.9 7.10 7.11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 6.1 on a case~by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. It the applicant intends for the City to operate and maintain the 10 acre park, then the design standards of the City must be met. 6. Sanitary Service Company Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Volterra Subdivision 7.1 Do not dedicate any additional right-of-way on McMillan Road, but construct a 5-foot wide (minimum) concrete sidewalk within the landscape buffer (with an easement granted to the District) along McMillan Road. Construct a 36-foot wide (maximum) curb return type driveway (full access) that intersects McMillan Road approximately 380-feet west ofTen Mile Road and aligns with a driveway that is proposed with the Volterra Subdivision South application, as proposed. For the first 1 75-feet, dedicate by donation a total of 50-feet of right-of-way from the centerline along Ten Mile Road, and construct a 5-foot wide (minimum) concrete sidewalk within the landscape buffer (with an easement granted to the District) along Ten Mile Road. At l75-feet north of McMillan Road, taper the right-of-way at a 10 to 1 ratio to 38-feet of right-of-way from the centerline ofTen Mile Road. Construct a main entrance roadway (West Milano Drive) to intersect Ten Mile Road approximately 830-feet north of McMillan Road to align with the main entrance roadway to Verona Subdivision, as proposed. Construct a main entrance roadway (West Malta Drive) to intersect Ten Mile Road approximately l40-feet south of the north property line to align with the main entrance roadway to Verona Subdivision, as proposed. Construct a 36-foot wide (maximum) curb return type driveway (full access) that intersects Ten Mile Road approximately 430-feet north of McMillan Road to align with a driveway that was previously approved with Bridgetower Subdivision, as proposed. Dedicate by donation a total of 48-feet of right-of-way along Black Cat Road, and construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minimum of 4l-feet from the centerline of the right-of-way, as proposed. Construct a main entrance roadway (West Gondola Drive) that intersects Black Cat Road approximately 40-feet south of the north property line, as proposed. Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. Construct North San Vito Way, West Gondola Drive and West Malta Drive as standard residential collectors with 36-foot street sections that include vertical curb, gutter and 5-foot detached concrete sidewalks within 50-feet of right-of-way, as proposed. Comply with the District's Tree Planter Width Interim Policy. Construct West Milano Drive and North Sanoro Way (from Milano Drive to West Divide Creek Drive) as 40-foot street sections with vertical curb, gutter and 5-foot attached (or detached) 7.2 7.3 7.4 7.5 Exhibit B - Page 12 CJTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 concrete sidewalks within 54-feet of right-of-way. Comply with the District's Tree Planter Width Interim Policy. Construct a stub street (West Wapoot Street) to the west property line approximately 1,lOO-feet north of McMillan Road. Install a sign at the teITl1inus of the roadway that states, "this roadway will be extended in the futW'e." Construct a stub street (North Napoli Avenue) to the south property line approximately 1,750-feet east of Black Cat Road. Install a sign at the teaninus of the roadway that states, "this roadway will be extended in the future." Construct a stub street to the north property line approximately 330-feet east of Black Cat Road. Install a sign at the teaninus of the roadway that states, "this roadway will be extended in the future." Extend five stub streets from the north property line into the site from Bainbridge Subdivision, as proposed. When the commercial and office lots develop in the future, construct the driveways to be a maximum of 36-feet in width and be located a minimum of 50-feet from any street intersection. Construct three cul-de-sac turnarounds within the subdivision (two with center islands), as proposed. Construct the turnarounds to provide a minimum of turning radius of 45-feet and to provide a minimum street section of 29-feet on either side of the islands (if an island is proposed within the turnaround). Construct the islands within the turnaround to be a minimum of 4-feet in width and be a minimum of 1 OO~square feet in area. Construct one knuckle with a center island within the subdivision, as proposed. Construct the knuckle to provide a minimum street section of 29-feet on either side ofthe islands and to be 4- feet in width and be a minimum of 1 DO-square feet in area. Construct center islands within West Milano Drive, North Colonne Way, West Divide Creek Drive, West Malta Drive, North San Marco Way, North Girosolo Avenue, West Gondola Drive and North Buzzini Avenue, as proposed. Construct the islands to be a minimum of 4-feet wide with a minimum area of 1 DO-square feet and to maintain a minimum of a 21- foot street section on either side of the island. Construct a northbound left-turn bay on Ten Mile Road at the West Malta Drive/Ten Mile Road intersection. Construct a northbound left-turn bay on Ten Mile Road at the Milano Drive/Ten Mile Road intersection. Construct a southbound right~turn bay on Ten Mile Road at the West Milano Drive/Ten Mile Road intersection. Construct a southbound right-turn bay on Ten Mile Road for the commercial driveway that intersects Ten Mile Road. Construct an eastbound left-turn bay on McMillan Road at the North San Vito Way/ McMillan Road intersection. Construct an eastbound left-turn bay on McMillan Road at the North Sangoro Avenue/McMillan Road intersection. Construct a southbound left-turn bay on Black Cat Road at the West Gondola DrivelBlack Cat Road Intersection. Exhibit B - Page 13 7.32 7.33 7.34 7.35 7.36 7.37 7.38 7.39 7.1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 7.27 Other than the access points that have specifically been approved with this application, direct lot access to Ten Mile Road, Black Cat Road and McMillan Road is prohibited. A note will be required on the final plat stating the access restrictions. Comply with all Standard Conditions of Approval. Any existing irrigation facilities shall be relocated outside of the right-of~way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.28 7.29 7.30 7.31 Utility street cuts in pavement less than five years old are not allowed lmless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances uruess specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subj ect property uruess a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Volterra South Subdivision For the first 1 75-feet, dedicate by donation a total of37-feet from the centerline of McMillan Road (an additional12-feet of right-of-way), and construct a 5-foot wide (minimum) concrete sidewalk within the landscape buffer (with an easement granted to the District) along McMillan Exhibit B ~ Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 Road. At 1 75-feet west ofTen Mile Road, taper the right.ofwway at a 10 to 1 ratio to 25-feet of right-of-way from the centerline of McMillan Road. Construct a main entrance roadway (North Sanoro Way) that intersects McMillan Road approximately 830-feet west ofTen Mile Road and aligns with the main entrance roadway that is proposed to be constructed with Volterra Subdivision, as proposed. Construct a main entrance roadway (North San Vito Way) that intersects McMillan Road approximately 750-feet east ofthe west property line and aligns with the main entrance roadway that is proposed to be constructed with Volterra Subdivision, as proposed. Construct a 36-foot wide curb return type driveway (full access) that intersects McMillan Road approximately 380-feet west of Ten Mile Road to align with a driveway that is proposed with Volterra Subdivision. For the first 1 75-feet, dedicate by donation a total of 48-feet of right-of-way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a within the landscape buffer (with an easement provided to the District for the sidewalk). At 175- feet south of McMillan Road, taper the right.of~way at a 10 to 1 ratio to 38-feet ofright.of~way from the centerline of Ten Mile Road. Construct a main entrance roadway (East Panna Drive) that intersects Ten Mile Road approximately 350-feet north ofthe south property line, as proposed. Construct a 36-foot wide curb return type driveway (full access) that intersects Ten Mile Road approximately 430-feet south of McMillan Road and aligns with West Quintale Drive, as proposed. Construct the internal residential streets as 36-foot street sections with rolled curb, gutter and 5- foot attached concrete sidewalks within 50-feet ofright-of~way, as proposed. Construct North San Vito Avenue as standard residential collector with vertical curb, gutter and 5-foot detached concrete sidewalks within 50-feet of right-of-way. Parking will be prohibited and no access will be provided to this street. Comply with the District's Tree Planter Width Interim Policy. Construct North Sanoro Way as a 40.foot street section with vertical curb, gutter and 5-foot attached (or detached) concrete sidewalks within 54-feet of right-of-way. Comply with the District's Tree Planter Width Interim Policy. Construct a stub street (North Girasolo Avenue) to the south property line approximately 450-feet east of the west property line, as proposed. Construct a stub street (East Pescara Street) to the west property line approximately 900.feet north of the south property line, as proposed. When the commercial and office lots develop in the future, construct the driveways to be a maximum of 36-feet in width and be located a minimum of 50-feet from any street intersection. Construct one cul-de-sac turnaround with a center island within the subdivision, as proposed. Construct the turnaround to provide a minimum oftunùng radius of 45-feet and provide a minimum street section of 29-feet on either side of the islands. Design the island within the turnaround to be constructed a minimum of 4-feet in width and be a minimum of 100-square feet in area. Construct three knuckles with center islands within the subdivision, as proposed. Design the knuckles to provide a minimum street section of 29-feet on either side of the islands and to be a minimum of 4-feet in width and be a minimum of 100-square feet in area. Exhibit B - Page 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 Construct islands within North San Vito Avenue and North Sanoro Way, as proposed. Construct the islands to be a minimum of 4-feet wide with a minimum area of 1O0-square feet and maintain a minimum of a 21- foot street section on either side of the island. Construct a westbound left-turn bay on McMillan Road at the North San Vito Way/ McMillan Road intersection. Construct a westbound left-turn bay on McMillan Road at the North Sangoro Avenue/McMillan Road intersection. Other than the access points that have specifically been approved with this application, direct lot access to Ten Mile Road and McMillan Road is prohibited. Comply with all Standard Conditions of Approval. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387.6258 (with file numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also lrnown as Ada County Highway District Impact Fee Ordinance. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the tenus and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. Any change by the applicant in the planned use ofthe property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless Exhibit B - Page 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 8.2 8.3 8.4 8.5 8.6 8.1 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Settlers' Irrigation District All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are Settlers Canal (50' easement), White Drain (60' easement), Coleman Lateral (30' easement), Scrivner Lateral (20' easement), and the Beach Lateral (20' easement). Contact SID for additional requirements. A Land Use Change Application must be on file prior to any approvals. A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. All storm drainage must be retained on~site. The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. Exhibit B - Page 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 C. Legal Description June 21, 2005 VOLTERRA SUBDIVISION A parcel of land located in the N ~ of the NE % of Section 34 and the S ~ of Section 27, T. 4N.. R. 1W., B.M., Ada County, Idaho, mora particularly described as foflows: Commencing at the comer common to Sections 26, 35. and the said Sections 27 & 34, from which the 'X corner common to said Sections 27 and 34 bears North 88Q55'55" West. 2664.57 feet. said point being the REAL POINT OF BEGINNING; Thence along the east line of the NE X of said Section 34 South 00053'19" West, 1315.58 feet to the southes.st comer of the N ~ of said NE X; Thence along the south line of said N}2 of the NE X North 89°05'58" West, 2651.08 feet to the southeast oomer of said N }2 of the NE 1h; Thence along the west line of said N Y2 of the NE y. North 00"44'17" East. 1323.35 feet to the Y. comer common to said Sections 34 and 27; Thence along the west line of theSE X of said Section 27 North 00"29'09" East, 1>44.81 feet to the southeast comer of Lot 7, Block 2 of Black Cat Estates No.2 Subdivision, aesame Is recorded in Book 32 of plats at Page 1945. records of Ada County, Idaho; Thence along the east line of said lot 7 North 00°20'12" East, 660.00 feet to the northeast comer of said Black Cat Estates No.2 Subdivision; Thence along the north line of said Black Cat Estates No.:2 Subdivision, North 89"17'29" West. 1261.91 feet; Thence North 12°47'25' West, 206,21 feet; Thence North 88"10'44" West, 896.71 feet; Thence North 50°51'04" West, 89.06 feet; RE'!W A.pp~v~. . BY... .~- -' . ::jJ.---_..i J A!Jrì (I I, :!Ow; Thence North 34"20'48. West, 79.64 feet; Thence North 19"35'01" West, 111.55 feet; MERIDIAN PUBLIC WORK5 DEPT. 27: Thence North 89°34'24. West. 291.92 feet to a POint on the West line of said Section Thence along said line North 00°31'40. East, 877.06 feet to the West 1/4 comer of said Section 27; Thenc:e along the East-West mldAsection line of saìd Section 27 South 89°19'43" East. 2649.84 feet to the Center of said Section 27; . O'.U2!40402-pre. dea.doc Exhibit C - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 Thence South 89°20'38" E ast, 2650.99 feet to the East 1/1' > T "t corner of sard Section 27" hence South 00"21'48" W ' ContaIning 312.67 acres, more or :~~~644,37 feetta the POINT OF BEGINNING. 4(¡"O2/40402.pre,ðe!i.doc ,-"""-""".,.".",, Exhibit C - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 ~ Au. O' 200S ID,SOAM. En,'n....". ."'uti""s 208 938 OS41 J". i June 21, 2005 PROPOSED L-o ZONE VOLTERRA8UBDWI~ON Parcels of land located În the NE X of the NE Y. of Sectton 34 and the SE Yo of the SE 1t:ì of Section 27, T. 4N.. R. 1W., B.M.. Ada County, Idaho, more partiCUlarly described as foJlows: PARCEL A A parcel of land located In Ü)e NE ~ of the NE y. of said Section 34. more partIcularly descrîbed as follows: . Commencing at the comer COmmon to Sections 26. 35. and the said Sections 27 & 34. from which the Yo comer common to said Sections 27 and 34 bears North 88°55'55" West, 2654,57 feet. thence along the Mat line of said Section 34 South 00"53'1 g~ West. 920.35 feet 10 the REAL POINT OF BEGINNING; Thence continuing along said east line South 00"53'19" West, 395.23 feet to the southeast comer of the NE ~ of the NE Y. of said Section 34; feet; Thence along the south line:of said NE X of the NE V. North 89"05'58. West. 482.58 Thence North 00°52'09" East, 403.38 feet to a point on a curve; Th$1O8 90.48 feet along the arc of a non-tangent curve to the left, said curve haYing a radius of 500.00 feet, a delta angle of 10°22'06', and a long chord bearing South 83°55'02" Ea&t, 90.36 feet to a point of tangency; Thence South 89.08'05- East. 392.73 feet 10 the POINT OF BEGINNING, ContaIning 4.38 acres. more or less. PARCEL B A parcel of land located In the SE ~ of the SE 14 of 88id Section 27. more particulalty described as follows: Commencing at the comer common to Sections 26, 35, 8Ind the said Sections 27 &. 34, from which the l' comer common to said Ssctions 27 and 34 bears North 88.55'65" West, 2654.57 feet. thence along the souÜ1 line of said Section 27 North 88D55'55" West. B91.32 feet to the REAL POINT OF BEGINNING; TI'Ienca continuing ~ong said solJth line North 88~55'55" West. 324,99 feet; Thence North 01°05'10" East, 641.20 feet; 4:J402/40402-LO.dn.cloc Exhibit C - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 nuc 05 2005 10¡50AM- E"gi"e.rin~ Solutions 208 838 0941 p,2 Thence North 44"41'17" East. 93.29 feet; Thence North 52"55'27" East, 466.72 feet; Thence North 63"01 '16. East, 62.80 feet: Thence North 75"18'10" East, 54.86 feet; Thenœ North 82D23'O9" East. 52.00 feat: Thence South 89"38'12" East, 609.47 feet to a poInt on the east line of the BE y. of said SectIon 27; Thence along said east line South 00D21 '48" Weal. 351.02 feet; Thence North 89°38'12" West, 485,14 feet to a point of CulVsture; Thence 623.40 feet along the arc of a curve to the left, said curve having a radius of 400.00 feet, 8 delta angle of 89°17'44" and a long chord bearing South 45°42'56" West, 562.20 feet to a point of tangency; Thence South 01"04'04" West, 499.73 feet to the POINT OF BEGINNING. Containing 14.89 acres, more or less. 404 112t40402-1.O. deIi.doc Exhibit C - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 nu~ QS 2005 ¡0:50AM E"~ineerin~ Solut1on~ 208 930 OS41 p.:) June 21,2005 PROPOSED R~ ZONE VOLTERRA SUBDIVISION A parcel of land located in the N Xt of the NE ~ of Section 34 and the S Y2 of Section 27, T. 4N., R. 1W.. 8.M.. Ada County, Idaho, more partlcular1y described as fo.llows: Commencing at the carner common to Sections 26. 35, and the said SectlDrls 27 & 34, from which the ~ comer common to llisid Sections 27 and 34 bears North 88"55'55" West, 2654.57 feet, thence along the south line of said Section 27 North 68.55'55" West, 891 ,321øet to the REAL POINT OF BEGINNING; Thence South 01 '"04'04" West, 421_51 feet: to iii point of CtJrvawl'9; Thence 696.40 feet along the arc of a CUJVe to the left,. said c:urve having iii radius of SOO,OO feet, a delta angle of 79'"48'04". and a long chord bear1ng South 38"49'57" East, 841.46 feet to a point: T1'Ienœ South 00°52'096 West. 403.38 feet to a point on tI'Ia south line of the N % of the NE ~ of aald Section 34; Thence along said south line North 89°05'58" West. 2168.50 feet to the southeast corner of said N % oftha NE %; Thence along the west line of said N % ofthe NE X North 00"44'17" East 1323.35 feet to the % comer common to said Sections 34 and 27; Thence along the west tine of the SE % of said Section 27 North 00"29'09" East, 644.81 feet to the southeaat oarner of Lot 7, Block 2 of Black Cat Eatatee No.2 Subdivision, as same Is recorded in Book 32 of plats at Page 1945, records of Ada County. Idaho; Thenoe along the east line of said Lot 7 North 00"20'12" East, 660.00 feet to the northeast comer of said Black Cat Estates No.2 SubdMlillon; Thence along the north Una of said Black Ca1 Estates No.2 Subdivision, North 89"17'29" West, 1281 .91 fIllet; Thence North 12"47'25. West, 206.21 feet; Thence North 88°10'44" West. 896,71 feet; Thence North 50"51'04" West, 89.06 feet; Thence North 34"20'48" West, 79.64 feet; Thence North 19°35'0'" West, 111.55 feet; 4 ()4{)1140402.R4 .deI.dot: "." ""--,...._~"._-"..,,, Exhibit C - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Aue OS 2005 10:50AM EnC1ne.~in; Solutions 208 S3a 0941 p."! Thence North 89"34'24° West, 291.92 feet to EI point on the West line ofthe S % of said Section 27; Thence along said west line North 00"31 '40. East. 817.06 feet to the northwest comer ohara S y, of Section 27; Thence along the north boundary of saId S % of Section 27 South 89"19'43" East, 2649.84 feet to Ihe Center XI comer at said Section 27; Thence continuing said north boundary South 89"20'38"' East~ 2650.99 feet to the northeast comer of said S ~ of SectIon 27: feet; Thence along the east line of laid S X. of Section 27 South 00"21 '48" West. 1387.61 Thence North 89"38'12° West, 609.47 feet; Thenç8 South 82"23'09" West, 52.00 faet; Thence South 75"18'10" West. 54.86 feet; Thence South 63"01'16" West. 62.80 feet; Thence South 52"55'27" West, 466.72 feet, Thence South 44"47'17" West, 93.29 feet; Thence Sooth 01"05'10" West, 841.20 feet to a point on the south line of the S Y:. of saJd Section 27; Thence along said 8outh line South 88"56'55" East, 324.99 feat to the POINT OF BEGINNING. Containing 258.21 acres, more or leS9. 4/.14V2/40402.R4.dts.dl)(: Exhibit C - Page 6 -------J CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Au, 05 2005 10:50AM En~in..~inc Solutions 20B 939 09'4-1 pI.5 June 21, 2005 PROPOSED CG ZONE VOLTERRA SUBDIVISION A parcaJ of land located in the NE % of the NE y.. of Section 34 and the BE v.. of the SE if. of Section 27, T. 4N., R. 1W., 8.M., Ada County. Idaho. more particularly described as follows: Commencing at the comer common to Sections 26, 35, and the said Sections 27 & 34, from which the v.. comer common to said Sections 27 and 34 bears North 88'55'55~ WB6t, 2654.51 feet, said point being the REAL POINT OF BEGINNING; Thence along the east line of the N E Yo. of said Section 34 South 00'53' 19" West, 92(),35 feet; Thence North 89°06'05" West. 392.73 feet to a point of curvature: Thence 768,88 feet along the arc of a curve to the right. said curve having a radius of SOO,OO teet, a delta angle of 00"10'10", and a long chord bearing North 44'01'01" West, 708.16 feet to a point of langency; Thence North 01 °04'04" East, 421.51 feet to a point on the north line of said NE % of Section 34; Thence continuing Nol1h 01 °04'04" East, 499.73 feet to a point of curvature; Thence 623.40 feet along the arc of a curve to the right, $ald curve having a redlus of 400.00 feet.. delta angle of 89'"17"44", and a long chord bearing North 45'42'56" East, 562.20 feet to a point of tangency; Thenee South B9°38.12~ East. 485.14 feet to a point on ths east line of the SE ~ of said Section 27; Thence along said east line South 00021'48ø West. 905.74 feet to the POINT OF BEGINNING. Containing 35.19 acres, more or less. 41}402/ 40402-(,..o.des.doo: Exhibit C - Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 .n..ø~ 'I ""-.!!P.=c'" I :""'~i:fl'" -..--...-..-..-" . ---....- :':..--..;;: I""-""'!.:"'.z....- ~.:i:-.::..-,F:.~~ .'..!-...~- - -'-"- T I 1IoIIt.N. "'~"-'- .::::'_,'.. ,'---"""',," - . ~,. "'-~"~."~,,,'" ~",^ - -.....,." ,.,,-,,-....... . -.- " 'JllØIlII1øg, m."ol(;M..,ii¡'"h"IU'.>ê;'r~'" ZXJ ~ ~" O\II.~oIO\ID"1iI I ~ I L",¥lIff(j. !b'M¥H M W-..=:r IIÐI1LUaans '..L'IDA ~. « r -, '....... ~í~IJ t I! I" I I I " : I' ," I :-c I; II I, II I:,:, I ~ II '- I.i.J ,', ' 'I 'I I" 'I 0" ð /" ,,1--- ---' ,I " IN, I N {. ,,)1 --- ---- --.:...-----')' go :,' Q "', - fOI" , '(I' I 0.0 I g¡,~ ::: -~;'----=-;,;;;¡!,!IlIiH- -- --::7.D~ '.' "--,--[to "Ie,' ~O'l>~ , ~J I I (t J :::: -- ',é'\Í -- - .ui:iTÆr---.--"-at':7i¡'fq----n1lT--~~:{I~-=-~:"~--f?-W 2" I ..1 tJ ,.., . ot UI1m'"r ~ n:tr-"t...,,- _0- tb .-. 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"' ?: ::!' -..-- ....--..""-.., - Exhibit C - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 D. Required Findings from Zoning Ordinance 1. Annexation Findings: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in tenus of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: A. Will the new zoning be hannonious with and in accordance with the comprehensive plan and, if not, has there been an application for a comprehensive plan amendment; In Chapter VII of the Comprehensive Plan, 'medium density' is derIDed as areas including single-family homes at densities of three to eight dwelling units per acre; 'low density' consist of single-family homes at densities of three dwelling units or less per acre. City Council finds that the requested residential zoning designation, R-4, is hannonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the 80 acres adjacent to Black Cat Road to be "Low Density Residential", and "Medium Density Residential" adjacent to Ten Mile Road and McMillan Road. Some of the larger lots in the development are within the area designated for low density residential. Although the applicant has not submitted calculations, City Council believes that this area contains less than 3.0 dwelling units per acre. Excluding the office and commercial areas, the overall net density of the project is 3.56 dwelling units per acre (2.8 d.u./acre is gross density). The density proposed with the preliminary plats are consistent with previous Commission and Council actions and generally confonns to the goals, objectives, and action items contained in the Comprehensive Plan for these low and medium density areas. The Zoning Ordinance allows up to 20 percent of a site to be approved for uses not nonnally pennitted in the area. The applicant is requesting L-O and C-G zoning for approximately 54 of the 312 acres (17%). In addition, in the applicant's undated cover letter, several Comprehensive Plan policies are listed, all of which support the annexation and proposed residential use of the property. City Council fmds that the proposed zoning is in general confonnance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted two preliminary plats and a conditional use pennit for a planned development that proposes single-family, commercial and office lots on the subject site (PP-05-039, PP-05-040 & CUP-05-04l). City Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP/PD and PP applications are approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning. for example, a residential area turning into commercial area by means of conditional use pennits; City Council finds that the single-family homes would be allowed (pennitted) within the requested R-4 zone, (ifthe accompanying Conditional Use Pennit for a Planned Development is also approved). However, because the applicant has not submitted a detailed conditional use pennit application for the commercial and office portions of the development, all buildings within the 1-0 and C-G zone will need CUP approval prior to Exhibit D - Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 construction. City Council recommends that this requirement should be included in the Development Agreement for this property. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; There have been no recent street improvements in the area. None of the abutting roadways, Ten Mile Road, McMillan Road, and Black Cat Road, are within ACHD's Five Year Work Program or CIP (2a-year plan) for road widening. Bainbridge Subdivision to the north has been tentatively approved for development similar to what is being proposed with VoltelTa Subdivision. Bainbridge Subdivision is not cUITently being developed because sewer service is not available to that site. The subject property is generally sUITounded by rural residential acreages. City Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. E. Will the proposed uses be designed, constructed, operated and maintained to be haffilonious 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; The applicant has not submitted elevations for the proposed dwelling units or commercial buildings. The applicant has stated in their submittal packet that the home elevations will be similar to those in the Bridgetower Crossing Subdivisions. If constructed similarly to those in Bridgetower, City Council believes that the design of the dwelling units will be compatible with the adjoining uses. City Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally hannonious with the intended character envisioned by the Comprehensive Plan. City Council does not find that the proposed zoning/uses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to detennine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. City Council does not anticipate that the proposed uses will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. Further, City Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer; or will the person responsible for the establishment of the proposed zoning amendment be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. This development is currently not serviceable by the City of Meridian's sanitary sewer system. Sewer service for this development will be via the future North Black Cat lift station. At this point in time, the Meridian City Council has approved funding for the design; however no funding has been approved for the Exhibit D - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 construction. If this development is approved, it shall be subject to the North Black Cat sewer system being available. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On September 16, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. 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; 1. If approved, the developer will be fmancing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. Will the proposed uses 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; City Council finds that the proposed annexation and the development of this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct eight public street accesses and four driveway accesses to the existing public street system. ACHD is supportive of the proposed streets and driveway locations. If is designed and constructed as required by the ACHD and the City, City Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Exhibit D - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 The Settlers Canal and the South Slough both bisect this property. City staff considers both of these features scenic in nature. City Council recommends that these features be protected and enhanced by the applicant. There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. City Council finds that the proposed development wi11not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. L. Is the proposed zoning amendment in the best interest of the city. In accordance with the findimls listed above. Otv Council finds that the annexation and zonine of this lJropertv. as proposed bv the applicant. would be in the best interest of the City (see Analvsis section in the Staff Report). 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The confonnance of the subdivision with the Comprehensive Development Plan; Please see Annexation Findings Item A above. B. The availability of public services to accommodate the proposed development; Please see Annexation Findings Items G and H above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 3. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in tenus of the following, and may approve a conditional use permit ifthey shall find evidence presented at the hearing(s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this title; Exhibit D - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 As part of the Planned Development (PD) the applicant is requesting relieffiom the standard street frontage, lot size, house size, side setback and maximum block length requirements of the R-4 zone. City Council finds that the subject property is large enough to accommodate the requested use and all other required ordinance features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; City Council finds that the proposed subdivision is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential" and "Low Density Residential" (provided the Commission and Council grant the requested planned development and use exception). Please see Annexation Findings A. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; Please see Annexation Findings E. D. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council finds that if the applicant complies with all of the conditions of approval, this development will not have an adverse impact on other properties. The Commission and Council rely upon public testimony, staffs analysis, and other agency comments when determining if the proposed uses will adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation Findings G and H, the conditions in Exhibit B, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed 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; Please see Annexation Findings H. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation Findings 1. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on sulTounding public streets; Exhibit D - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 I. Please see Annexation and Zoning Findings J. The Commission and Council should review any comments received from the ACHD regarding this project when detennining this finding. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Findings K. 4. Planned Development Findings: Upon recommendation of the commission, the council may authorize specific uses not nonnally pennitted by the use regulations of the zone in which the development is located. ill granting such authorization, the commission and council shall make the following findings: A. The uses pennitted by the exception are strongly related to the principal use of the development, and have the purpose of providing services or facilities useful or complementary to the primary use. Although no specific uses are being proposed at this time, it is anticipated that the uses pennitted by the exception will relate to adjacent single-family homes. The applicant is proposing to provide both buffers between the land uses and vehicular and pedestrian connections so that the commercial uses will not be intrusive on the residential development, but the residents will still be able to access the businesses located in their neighborhood. Staff and the Commission should further evaluate the relationship of the proposed uses in the L-O and C-G zones with the single-family homes when CUP applications are submitted for buildings in the future. B. No more than twenty percent (20%) ofthe total area of the project shall be devoted to the uses pennitted by the exception. The percentage of use exception allowed will be detennined by the commission and council based upon the size of the project and intensity of the use exceptions. The applicant is proposing that over 17% of the total area of the project be devoted to non-residential zoning. City Council finds that the percentage of the use exception proposed is appropriate in this location. C. The development will be phased so that construction of the excepted use or uses will be justified by construction of all or a proportionate amount of the principal or primary use or uses. The applicant has not committed to a phasing plan. At full build out, City Council finds that the construction of the non-residential uses will be in good proportion to the amount of residential area being constructed in the area. D. The uses pennitted by the exception are integrated into the overall project by: 1. Being located in proximity to and within convenient walking distance of the primary uses. See Planned Development Findings "A" above. 2. Utilizing one or more ofthe main vehicular accesses to the primary use site as the main access to the exception site or interconnection through a system of private roadways and/or pathways. On the south side of McMillan Road, the applicant is proposing to construct a public street with commercial uses on one side and residential uses on the other. The applicant is also proposing pedestrian connections between the residential and non-residential areas. Exhibit D - Page 6 CITV OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 City Council finds that the uses are adequately interconnected. 3. Providing pedestrian and bicycle pathway connections with the primary use site. See Planned Development Findings "A" above. 4. Orienting buildings on the exception site to facilitate vehicular and/or pedestrian access fÌ'om the primary use site. No specific buildings are being proposed at this time on the commercial and office lots. When CUP applications are submitted for the buildings in the future, staff and the Commission will evaluate the building orientations to ensure that vehicular and pedestrian access is facilitated. 5. Continuing architecture, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent and hannonious throughout the development. City Council recommends that the Development Agreement include a provision that requires all non-residential buildings to contain architectural features and bulk building concepts that are similar to the residential buildings. City Council further recommends that the applicant. at the Dublic hearing. state how they ulan to inte!!rate the look of the commercial buildings and lots with the residences (sDecific features on the buildings), E. The use(s) pennitted by the exception are neighborhood- or community-serving in size and character and not regional, and are not detrimental to adjacent neighborhoods in location and character. City Council [rods that the size and character of the non-residential zones proposed are appropriate to serve the community and should not be detrimental to adjacent neighborhoods. Exhibit D - Page 7