HomeMy WebLinkAboutVolterra Subdivision AZ
EN'GINEERING SOLUTIONS
150 East Aikens Street, Suite B
Eagle, Idaho 83616
E-Mail: es-sharis@qwest.net
Phone: (208) 938-0980
Fax: (208) 938-0941
To:
City of Meridian
Attn: Tara Green, Deputy City Clerk
33 East Idaho
Meridtan, ID 83642
We are sending you:
LETTER OF TRANSMITTAL
RECEIVED
FEB 2 2 2006
,CITY OF MERIDIAN
Date: 2/22/06 CfT\' CLERK OFFICE
Project Name: Volterra Subdivision
Project Number: 40402
Copies Dated Descri ption
1 2/17/06 Original Development Agreement Executed by Developer
These are transmitted as indicated below:
For A roval
For Your Information
X As Re uested
For Review and Comment
For Bids Due:
A roved as Submitted
A roved as Noted
Returned for Corrections
Price
Resubmit for A roval
Submit for Distribution
Return Corrected Prints
Return Corrected Prints
For Pre-Con
X Needs Si nature
Remarks:
Please schedule before the City Council. Thanks!
Copy to: File
Signed:
~ ¿§jþ
Shari Stiles
PARTIES:
1.
2.
3.
DEVELOPMENT AGREEMENT
City of Meridian
Mary Floyd and E.lo & Shirley Bews, Bews Family Limited Trust,
Owners
Primeland Development, LLP, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this day of , 2006, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY', and Mary Floyd and
E.lo & Shirley Bews, Bews Family Limited Trust, hereinafter called "OWNERS" and
Primeland Development, LLP, hereinafter called "DEVELOPER".
1.
RECITALS:
1.1
WHEREAS, "OWNERS" are the sole owners, in law and/or equity,
of certain tract ofland in the County of Ada, State ofIdaho, described
in Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
1.2
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owners" and/or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "Owners" and/or "Developer" have submitted an
application for annexation and zoning of the "Property's" described
in Exhibit A, and has requested a designation ofR-4 (Medium Low
Density Residential District), C-G (General Retail and Service
Commercial District), and L-O (Limited Office District), (Municipal
Code of the City of Meridian); and
1.5
WHEREAS, "Owners" and/or "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will be
made; and
DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION
1.8
1.9
1.10
1.6
WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7
WHEREAS, City Council, the 9th day of November, 2005, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owners" and/or "Developer"
to enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
"OWNERS" and/or "DEVELOPER" deem it to be in their best
interest to be able to enter into this Agreement and acknowledge that
this Agreement was entered into voluntarily and at their urging and
requests; and
WHEREAS, "City" requires the "Owners" and/or "Developer" to
enter into a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the "Property"
is in accordance with the tenus and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes ofthis Agreement the following words,
tenus, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (AZ 05-040) VOL TERRA SUBDIVISION
3.1
3.2
3.3
3.4
4.
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNERS": means and refers to Mary Floyd and E.lo & Shirley
Bews, Bews Family Limited Trust, whose address is 5204 Sorrento
Circle, Boise, Idaho 83704, the parties who own the said "Property"
and shall include any subsequent owner(s) of the "Property".
"DEVELOPER": means and refers to Primeland Development,
LLP, whose address is 660 E. Franklin Road, Suite 110, Meridian,
Idaho 83642, the party developing said "Property" and shall include
any subsequent developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A" describing the parcels to be annexed and
zoned R-4 (Medium Low Density Residential), C-G (General Retail
and Service Commercial District), and L-O (Limited Office District)
attached hereto and by this reference incorporated herein as if set
forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (C. G & K) which are herein specified as
follows:
Construction and development of either a conditional use permit or
a planned development application shall be submitted to the City of
Meridian prior to a future development in the R-4, C-G and L-O
zone, and the pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to this AZ 05-040 application.
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and/or
"Developer" have submitted to "City" an application for conditional use pennit site plan
dated June 27, 2005, and shall be required to obtain the "City'" approval thereof, in
DEVELOPMENT AGREEMENT (AZ 05-040) VOL TERRA SUBDIVISION
accordance to the City's Zoning and Development Ordinance criteria, therein provided, prior
to, and as a condition of, the commencement of construction of any buildings or
improvements on the "Property" that require a conditional use penn it.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1 "Owners" and/or "Developer" shall develop the "Property" in accordance
with the following special conditions:
1. That prior to approval of the 350th residential lot, (including Volterra and
Volterra South), the 10.2 acre park (James Park) shall be constructed.
2. That the park shall include the proposed swimming pool and restrooms,
the water feature (fountain), and the tot lot.
3. That prior to approval of the 550th residential lot (including Volterra and
Volterra South), the proposed 3 acre park south of McMillan Road shall
be constructed.
4. That the park shall include the proposed plaza area and playground
equipment.
5. That all buildings within the L-O and C-G 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.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be tenninated, and the zoning designation reversed,
upon a default of the "Owners" and/or "Developer" or "Owners" and/or "Developers" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development
of Subject Property" of this agreement within two years of the date this Agreement is
effective, and after the "City" has complied with the notice and hearing procedures as
outlined in Idaho Code § 67-6509, or any subsequent amendments orrecodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" and/or "Developer" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owners" and/or "Developer" and if the "Owners"
and/or "Developer" fails to cure such failure within six (6) months of
such notice.
DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION
9. INSPECTION: "Owners" and/or "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as required
by this agreement or by City ordinance or policy, notify the City Engineer and request the
City Engineer's inspections and written approval of such completed improvements or portion
thereofin accordance with the tenus and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAUL T:
10.1
In the event "Owners" and/or "Developer", "Owners" and/or
"Developer's" heirs, successors, assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the "Property",
fail to faithfully comply with all of the tenus and conditions included
in this Agreement in connection with the "Property", this Agreement
may be modified or tenninated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
10.2
A waiver by "City" of any default by "Owners" and/or "Developer"
of anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners" and/or
"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with
the re-zoning of the "Property" by the City Council. If for any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the annexation and zoning of
the "Property" contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owners" and/or "Developer", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION
PAGE 5 OF 12
13.1
13.2
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owners" and/or "Developer" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
In the event the performance of any covenant to be perfonned
hereunder by either "Owners" and/or "Developer" or "City" is
delayed for causes which are beyond the reasonable control of the
party responsible for such perfonnance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such perfonnance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements,
which the "Owners" and/or "Developer" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner" and/or "Developer" has entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any event,
no Certificates of Occupancy shall be issued in any phase in which the improvements have
not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and/or
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
DEVELOPMENT AGREEMENT (AZ 05-040) VOL TERRA SUBDIVISION
PAGE 6 OF 12
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Prime land Development, LLP
660 E. Franklin Road, Suite 110
Meridian, Idaho 83642
OWNERS:
Mary Floyd and
E.lo & Shirley Bews
Bews Family Limited Trust
5204 Sorrento Circle
Boise, Idaho 83704
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
detennined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, tennination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every tenn, condition and
provision hereof, and that the failure to timely perfonn any of the obligations hereunder shall
DEVELOPMENT AGREEMENT (AZ 05w040) VOLTERRA SUBDIVISION
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owners" and/or "Developer" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owners" and/or "Developer", to execute
appropriate and recordable evidence oftennination of this Agreement if "City", in its sole
and reasonable discretion, had detennined that "Owners" and/or "Developer" has fully
perfonned its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners" and/or
"Developer" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied, between
"Owners" and/or "Developer" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by
them or their successors in interest or their assigns, and pursuant, with respect to "City", to a
duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION
To . '-'T" n '-"T" '"
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER:
Primeland Development, LLP
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Shirley Be
CITY OF MERIDIAN
BY:
MAYORTAMMYdeWEERD
Attest:
WILLIAM G. BERG, JR., CITY CLERK
DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION
STATE OF IDAHO, )
: ss:
County of Ada,
) <tY
On this ~ day of (tJx ttiv ,2006, before me, the undersigned,
a Notary Public in and for said State, personally appe d Mary Floyd, known or identified to
me to be the person who executed the instrument, and acknowledged to me that he executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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On this ~ day of , 2006, before me, the undersigned,
aNotaryPublicinandforsaidState,personallyappe ed fy..,,/:- S. {/ç.rI""~ ,
known or identified to me to be the ~I\." I ",. of Prim eland Development,
LLC, who executed the instrument on behal of aid Corporation, and acknowledged to me
that they executed the same.
County of Ada,
IN WITNPSS WHEREOF, I have hereunto set my hand and affixed my
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official seal the,~~~ lC?~~';~is certificate first above written.
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DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION
STATE OF IDAHO)
: ss:
County of Ada,
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On this ~ day of , 2006, before me, the undersigned,
a Notary Public in and for said State, personally appe ed E.lo Bews, known or identified to
me to be the person who executed the instrument, and acknowledged to me that he executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal thèday and year in this certificate first above written.
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On this ~ day of flArl-'Ý., 2006, before me, the undersigned,
a Notary Public in and for said State, personally app d Shirley Bews, known or identified
to me to be the person who executed the instrument, and acknowledged to me that he
executed the same.
County of Ada,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION
STATE OF IDAHO)
: ss
County of Ada
)
On this day of , 2006, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION
E')Ch\ bí t \A I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005
C. Legal Description
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VOL TERRA-~USDf\fIS'ON
."June ;21., 2005
, - A "'R:eJ-ofland 1"",,1ioá in iii. N ¡;¡ of !he NE Xi 01- 34 ""'<i !he s " of So"'"
.27, r: 4N., R 'W.. B.,.t, Ad¡¡ COunly, Idaho, """" ""-rty d-as Ioftows;
. . ,~"".t ... -or......... to SeCtions 2ii. 35, .ocilhe ..kI_" 27 &
":~', 'from Which the ~. comer common :10 Said Sections 27 and 34 bears ;.ioith' 68"55'55"
"West.:2054,.~7 feet, SîiI!ó point,being, the REAlPOIN'T OF BEGINNING; .
. , . 'Tho!Joa along ... .... line of the NE]I. or said. SecIIo. 34 South Oa~'19' W<>st;
t31.$;~.feQtto the wutheast corner ç:¡fthe N'\~ ófsaid NE X;
, , Thence along thesoUt/1 11n8'ofsa!d NJ~ of'the NE X North 89~05'56~ West: 2651.08
feet to: l!1e SOUtheast COmer of .said N ~ófJhe'NE ~;
, :',"', .
Thence ~Iong the We.stllne of saId N ~!ofthe NE ~. Nortl;1 JIO"44'17" East, 1323;;35.
feet' tç:i¡tha. ~ ciQl:I?et COO1n'1qn to .sald Sections: 34 and 27;
. Thence along the west fIhQ of the, BE Yo. .ofsefd' S~ 27 North 00"29'09" East,
644.81 feaI.fo1 æ ~ comer of I.Dt 7. Woe/< 2 "! B/¡¡c: c Cat Estates. No. .2 S.UÞdþ"",",
sa Sarns'le 'reco~ded In Book 32 of plats at P.~e 1945;:recorc;rs or Ada,County, Idaho;
, Thence aloogtne, east line oi said Lot 7 North 00°20'12" East, ß60:00:feet to the
northeast cO,tìler of ,said ,Bla~ Cat Estates No.2 Subdivision; , , "',.
, Thenoe along the north lined said Blatk Cat Estates No. 2 SubdiVi$iOri;' North
~~~17 ~~tWesti'~261'.~Hee!; ,
. Th'erice North 12°47'25' West, 206.21 feet;
'," "Th~ NorthBBD10'44" West, 89(1.71 feet;
Thençe,NortO 50~51'O4'West; 89.06 ~et;
Th~ North 34°20'48" West, 79~64 feet;
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thenCe North 19°35'O'"West, 111.55 feet;
Thence North 89°34'24" West, 291.92 feet to a POint on It1e Wëst line ofsaíd SectIi)n
~ APPRIIVAL. .
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:t\U(¡. U ,~. 2005
, MSRJQIA'9!1J8l1C
WO¡;¡,K5 OEPT.
27;.
ThO"..""""" said line NortJ; 00"31'40' east, 877 JJ6 feet IQ j.W... 114' "'mer of
saic! Section 27:
Th~ alongthe.,Ea~.WeB~m d-seØi~: inl¡t()fSaid SecIion;27'South 8!J!Ò19'43"'East.
2649.84 fe$t'lòthø. Center, ofsaicf' 'S~cIjon ?7::
-Ir¡'IO2f40402-¡nè,da.dOc' .
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Exhibit C - Page I
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
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': ::'~T~enœ South 89.20'~8" ,East, 2650 99 f¡
, '. , , . . aet to the Ea~ 1/4 COrner of said Sec!jon ~i'"
. . j~ence South 90"2,1'46" W " . ',.
ContaIning 312,6'1 acres, mOre or :~~644.37 feet to the POINT OJ:' ~SG NN NG.
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Exhibit C - Page 2
-
CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT fOR THE HEARING DATE OF NOVEMBER 9, 2005
~ 1'1"1';,:06 ,20DS lO'5[ ~I1_.,"'¡;nCtj.,e."i"C' SClut;.ì:ans
~
.--, 2,CB Ð3Ð Oli4,t
'p. 1
PROPOSED L-oZONE
VOLTERRA -SlIBDIVISION
J,une.21, 2005
Parcels of-lend IQC!ted In the NE ~ or the NE% of Section 34 mnd'the SE ~ of the SE
~ of Sel#)n ?1. T;'.4N~;R~ 1W.. S.M., Ada County, Idaho, more' PØrtlCLJlallY,dElScrlbed as
fall~,' , "
PARCEI.Á
, A perce/' or land ocate~,ln fl?e NE X. Qf the - NE % of saki S~ 34, ltIor8 partloolarly
:d8lcrlbed~8fO!bws: :
CommenCIng at'the COmer COmmon tQ: Seøion82e, 35, an~ !he ,said Sections 21 & ,34,-
' from whICh the%" comer common ,to said Sections 2.7 and 34'~I8:North 8B.SS'55u West.
2654.57 feet,thencealang the east line of såldSOCllDn 34 Souttt,OO"5:3'19"West. 920.35 reet
to'tt¡ø ~ pOINT OF BEOJNNING; , , " ,
Theiice ,conllnuirig' alon9, asld east Une SOt.¡tJ, OOG53'19. West; 38S.23 feet to the.
SOUlheæt~me(of,the :NE ~ Of the NE % of 8l1id,S~oo 34:
'Th~nce'along'the eouth line ¡of said NE,1' of the NE % Nor1h89"DS'se. We5~482.58'
rElIIst;
--
Then_C8. North 00.52'09" EaSt; 403.~ ~et to it point On a ',curve;
Thence 90.48 feet along ~, arc af 8: "o'n~t.!mQØnt aJrVEU~,lhø ~ft;,' said: curVe hs.vfng B
radius 0' 500,00 feet, a delta angle 0' 1 O~22'O6'; 'I; n~ a long Chord bAring Soutb e~"56'O2"
Eœt. SO,3B fael1o Ii ~lnI: of tangency: ' -- ,
,,',: -Thence:So&dh 89"06'05. East, a92~73 feat 10 the POINT OF,B~~INNII\JG. CCrnarnlng
4,.3S:aCl88. . ITIqI& or "'88. .
, ..'
;'~Cl!i. :1(, ,
A parde, of land located In the se' %Ot,the SE' X of said SØCtfon 2'7. moreparticulatfy
de!lCrl~ 88 faUD'IMJ= " ,
. Commencing atlne cqmeu:ommon toSeCtiona 26.,35,8mftheliUlldSectlOns 21 & 34,
from whldlthe' ~ cOmer c:OnWb'n to',sald Sections 27 and 34 bears NórthJ~8.55'6S~ WEl&~.
26601;57, ~tl1en~.elon9 the South line of said Seotion 27 North B8~~S5~ Wes1, B9'1.32:
feet 1O'ttj'e',1U!AL POINT OF ~EGINI\tING; , ,
Thah~ ,9Pl1tìn~lng along -.id south line Nortt¡ 88GS5'5Ø~:Weat, 324.99 føet_;
Th~:Norih:[)1~O5'10" cast, 841.20 feet;
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4 :J492t40402.LO~~.dOç
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"--.'....,-".---"_..._~---,,
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"","_., , , ",..,.., - "---_.....m'-""""""",......"",,m.,'
Exhibit C - Page 3
-
CITY OF MERIDIAN PLANNING DEÞARTMENT STAFF REÞORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
~UCloa eODS 10¡SOA"- En=tneerJ~~ SOlU~jons
.-- ,2t1!1 ,sse' 09'Ü
Thønce North 44~47'17" Ea8t,93.~9Je~;
Thence North 52"S5/27",eael" 4e6;12 (eat;
Thence North 63"01'16" EIIII, a2.BO feet;
,', :'
, ',"-'
, :~:enc~ Nort/¡ 75"18'10" East..54JHI feet:
Thence North 82."23~ 1::8èt, 52.00 feat
The'nee SOL/lh 8&".38'12" East, 609,47' f8Qt to a Point on ,the east line of, the ,Sr= X of
~lcf~~,27:: " ,
TOeOce along said east line SoU~:QQ.21'48. Welt; 351.~ feet;
Yhenca North 89"38'12" WE!$t, ~~S.14J'eet to a POint oi cuntBtun¡¡;
TherjCe 623.~O1eet along '-8 8rç of a curve to the retr, øafd curve having ~'18CUus of
400.00 ~~ delta angle of8S-H""'", IiIncI,a long chonI bearing South 45"42'56"
West" 562.20 feet to . POint of tangenQY~ " , ,
" ," "c:,
, ' ThenteSouth 01"04'04. W~ 499.73 fa_t fO the POINT OF 'BEGINNING. '~ontainrng'
:i~,4.~ licres' more or les&. " ,
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Exhibit C - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
nitç OS' eDo5j,lO:'5aA~,.. ,EnC;'Ineœrtnr; SCHUt-tons
""" """"" ,,'
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..,,- t!D8 S:!IS 0130;.1
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PROPOSeD R-4 ZONE
VOLTeRRA SOaOIVISIDN
June"21,, 2005
, ',-,
, Aparce) of land located,ln the N ~ of the NE ~ of Section 34 and the S }í of Section
2,7, "T. ,4N""" A.1W..:B.I\II..Ada" Coun~, Idaho. more partlCUlarty ~escrlbed as ,follows; ,
"'Çon,msnclns at tt,eD'Jffler, common" to :Secifons 26, 36, änd' ihe,sald" SectlDns '27 &
34, from Which the X comer COmmon to sajd,Sediana 271i1nd34 bears'NOttI:1 88°55'55"
West, 2854:57 feet, thence alongth/¡lsoulh IJneotsald SØcöon 27 North 68°ti5'55~ West.
891,32 feet 10 the 'teAL POINT OF 'EGI~NING; " " ,
Thence Sout,.. 01"04'04- West, 42~L51. f_to a'point ~ Curvature;
Thence 696,40 feet alortg 1he,arç of a curve to the ,left. itakt curVe having a I1Idiu5 of
500.00 feiet,,~deff,a~l!ingle Of79"48'Q4-, and a long:Chord beartn9 South 3B"49'S("'"EaSI.
641.48'f8et to 'a point:
, , Thenat SouCh 00"62'09- WesI,4C3;38 feet to a: point on th~ aputh line of the N}~.. or'
Vwt NE ~ D18a1d ,Section 34:" ,
, : ,¡'.L;' ,
,:Thence BIen; said south line North 89"06'58- W.est, ,,2168;60 feet eo the eautheast(:ornerof
said N ~,ofthe NE~;
, "ThencQ .along thew.l~ Of saId N ~ 9f,thø' NE % Nørth 00"44'17" East. 1323,35
,f*1o the ~"comer common 10 said Sections 34 and 27; ""
',':,,' "',,"-:',i,;.' ' ' ,
", ':" Thel1Ce along the WeSt line of the se % of -id. SeQIoIl27 NCiith:OD~~'off ~st;
644.81 feet to the southeast cornet:' aflot 7, Bloclc:'2af Slack Cat Estate(Nö, "2 SubdiVÜJion;
8S:sarne Is'Ncotded In Book 32" of þl8ts at Page 1945, records Of Ada County, Idaho;
,,' : ':1 '
: Thi)nce'slong the Balilt line of said Lot 7 North QO-20'12" East, 660,00 feet"to.the
"'o~h8aat ~erof said Black Cat ¡¡¡¡aIa- .No~ '2 SUbdlvlå/on;
, ; Th~~œ along ~ nOrin Una of saJd Black Cat estates No., 2 Sl,ibdMsion, North
B9~17~.'~88~; 1261.91 feet; ,
'Th~nCe'NOrth 12-47'25' 'Nest; 208.211ea£;
"";,,, '
"Thence North88'10'44~West. 896~71 feet;
, ",~1" ,
," Trysi1oe Nort!15D~51.'D4"'W88t; 89".~Cneet;,
ThanQe',Nòrth 34"20'4S-Weat, 79,&4-feel;
",,",:,
1he~ North 19',,35'D',~WEl8~ 111.55 feet;
ilQ4ciV4cHtn~A4;des_dDc-
,""" ,...---- '"-
"..,......--,..-.. ,-- m...~", '
, -..", ."" .,
,"" -- "'-_.."..~,._"._-------_.._"-,, ""
Exhibit C - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005
n,Ur;, (15,0,2:005 ID,:SQA~ E,ncpne."in; SOl '4H'Cln~
:,' :;:"
-. 209 a~$ .oS'I'1
p. ,4
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. 'Then.. No,", ""34:24" WOOl. 2S1'S"""'tlo. POint on 111. -, """oft,.. %of
S&Id,Section'27; " , , '
, "i,,' , " , ,
1banc. ...... 881d .....,"'. N""H'I!" ¡ '4", Eaot, m,l) ¡ lest 10 the """"west -.,
or.ald S' ~ of Section ~7; , , ,
""",nee 0""'" ¡¡,. no"" baundo.y of s. "'8 IS of 8""""27 8DlJlh 89"19"'. East,
2649,~, fe,ëf!o the' 0811* y. comer of sardSectJcn 2'1:
, Thence COntinuing said north boundary S.oUfh aO920'36" Ei!IS't. 265,O~99 feet to the
nortb~~ çomer of_IdS", of Section 27;'
:¡ben.. alon.the _,.. of "IdS~ of........, 2?SOU", Oo'2""'Wos', 1..7.61
feel; I'
Th8~ç.N:orth ,B9~~8"2. West, 609.47 teet,
TheriCø South 82"23'09" Wesf, 52,DQ feet;
Thence, SOLlth,T.w" 0"0" Wesr.õÜI6 feet;
Thenc;e South 63"01'18" WEI8f. 82J~O feet;
'Triénœ South 52"SS'27"'W- 466.72,~t;
Th~nçe'SCUIt144.41I'7.W~,S~.2$ feet;
~SouiI,o, "00" 0" WosI, 841-20 fool.ID . POI" .. "'- Nno"'!he S .. 0/
said Sectton 27; , '
Thence along sald SOUth line South 6B~5~'55" EBat. 324.$9, feet to 'the POINT'OF
BEGINNING, Contaln,ing 25e~, 8C1'ø8. more or ~.
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,'" -"""-""""""':""""""""'"' "'...,---.,-.. -"".",
"'-""".,.'." "'-----'-_._~'"
' "'....." -"" """ "". ';"""""'-"-"""
Exhibit C - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAn: Of NOVEMBER 9, 2005
, "l~G 'J~5 ,,~'OD5 1'0 '"i>OFiH,~" E:n,i: 1 h.er-.(nc ,',~,Øl utåo,ns
,,"': 200 931'1 O,S,H
'-['--",
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:,','
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June 21.;2005
',.. ,
PROPOSED ÇG~ONE
VOLTeR~ SUBDIVlSIQN
A parceJ, pf-Ianc/ Jocaled ,In Ih$,.NE'~ or.~he NE ~'Of,SectJoJ:l 34 :and the SE % of the SE
% of,$~¡pn 27. T. 4N.. R.1W" B.M" Ada'Couoty.ldahO, RlOr9 paÌ1lcularfy des.crfbedas
fOllows: :' , "
: COmmericing al the comer 'common to Sect~ns 26, ~s. and the said $ectJons\27" &,
34. frort:J wh~ the % corner common to saicf SeCllohs ,27 8nci34 .bears ,North 8S"5a'S5- '
West. 2654.~,,:,~~:'88id POint being the REAl:.. POINT OF ile~INNING;
Thence,along'the east line of Ute HE: % of said SectIon 34 80utl'l O(Jò53~UJ': Wes~
920.35 met. ' " ' "'" ,
The~ North 8U'Oe'05' West;, 39~; 73 feet to ,8 poInt of curvature;
.' : Th8nce ,18B.88 feet alongtha arc ofa curve b'the'right. &aid curve having a radius af
500.00 feet/a deJt8 angle ~f 90"10'10',' and a long chord be8rjng NOIUt -:14"01'0'" Welt,
708.1 S, feet 'to a point of langency; ,
Thsffl;e Nodh O~ "04'04", Eaat. 421 ,51 feet to a point on the' north line of 3aid NE ~ of
Stc:tIot) 34 ; ,
"
TtMjU~ contillulng North 01.04'04' Ee~"t., 499.73:'feet to iii point of curya~re;
, Thence 623.40 feet along, the arc of a curve to the /'IØht; sa,~ curve havine a nidluEi. of
4QO.OO feet. 8 delta angle of 89.1r~',a'!d,alpng chord bearrng North 45"42'56' East,
562.20 ~t toa point Of IiiIngency; , " ..
, i, " Tl1enc:e SoUU18fr38'12" East. 485.14 feel to a,þoint on the ~.t,lIneof1h~ SEŸ-or.
$sJq $ectia~, '~:7:
T~nce along saId easÎ Itne,$oUth 00'21'48" West. 905.74 feeÙo the. POINT QF
8EOINNIN~. Con1alnln935~19 8cres, more or,less. ' ,
':"
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<hJ4(J21 40402..('.0 ,do. .eIm,
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Exhibit C - Page 7
,..5
8h\bt- '1~/
RECEIVED
'DEe 1 2 2005
Ci~".
Ci ' , ce
C::~C;;;;;idn - .; . \
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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 PerDlit 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 Prelinúnary Plat Approval for 227
Lots Including 134 Detached Single-Fanûly 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-OS-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 (IC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all CUITent 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-OS-O40, CUP.O5-041 , Pl'-O5-039, PP-O5-040 - PAGE 1 of5
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 §
11-5A.
4. Due consideration has been given to the cormnent(s) received from the govemrnental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public faciJities and services required by the proposed development will not
impose expense upon the public iftbe 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 ál1d any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Site Plan, Volterra Preliminary
Plat, VoltelTa 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 § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's 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 lots and micro-paths.
b. Condition 1.1.3B in Exhibit B of the Staff Report was modified to require a
pedestrian connection, not a vehicular connection, into this site fi-om 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 of 5
c. Added Condition 1.1.138 to Exhibit B of the Staff Report which requires the
applicant to provide a stub street to the 5-acre parcel (Parcel #80434142354)
from 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 Voltecra 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' Inigation District through a license
agreement.
5. The site specific and standard conditions 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 pennit, 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 pennitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building pennits and commence construction of penn anent footings or
structures on or in the ground. For conditions use pennits 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 termination of the
period in accord with 11-5B-6.G.1 the Director may authorize a single extension of the
time to COmmence the use not to exceed one (1) eighteen (I 8) 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 Commission may
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 fmal
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 phases in an orderly and reasonable manner,
and confonns 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"'()41, PP-O5-039, PP-O5-040 -PAGE 3 of5
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
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. Ifthe 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 pennit 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 concenúng 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-OS.040, CUP-O5-041, PP.O5.039, PP-OS.O40 - PAGE 4 of S
.Y'o action of the City Council at its regular meeting held on the i:tH".
vrmbeY ,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED ~i £l...
COUNCIL MEMBER CHRISTINE DONNELL
VOTED --8bsm \.;.. .
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
MA YOR TAMMY de WEERD
(TIE BREAKER)
VOTED
-
Attest
Attorney.
By:
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-O40, CUP-OS-04I, PP-OS-O39. 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 PlaJ.U1er
Meridian Planning Department
884-5533
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SUBJECT:
VoHerra Subdivision &
Volterra Subdivision South
AZ-O5-040 - Annexation and zoning of 312.67 Acres to C-G (35.19 acres),
L-O (19.27 acres), and R-4 (258.21 acres).
CUP~O5-041 - 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 conunerciallots, I I office lots and 51 common lots on 232.32
acres.
PP-O5-040 (South) - Preliminary plat for 227 lots including 134 detached
single-family lots, 54 attached single-family lots, 13 coromerciallots, 4
office lots and 21 conunon lots on 80.36 acres.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting
annexation and zoning of 312.67 acres ofland 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 R-4 zone (Low Density Residential District) for 258.21
acres. The applicant has subllÙtted two preliminary plats for the subject property, one on the north side of
McMillan Road (VoltelTa), and one on the south side of McMillan Road (Voltena South). Volterra
Subdivision includes 540 detached single-family lots, 9 conunercia110ts, 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
CUP/PD includes requests for reductions to the minimum lot size, minimum street ITontage, minimum
house size, side setback and maximum block length ofthe R4 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
swimming 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-05-040), prelinùnary plats (PP-05-
039 and PP-O5-040), and conditional use pennit (CUP-O5-041) 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-OS-O39. CUÞ-O5.04I, PP-O5-039, PP.O5.040
PAGE 1
CITY OF ME¡RJDIAN nANNING 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. hI opposition: Paul Poonnan, 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, fiÙcropaths and canals;
ii. - Phasing of the project;
iiì. - 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;
vi. - 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;
ii. - Requiring the applicant to provide new open space calculations (exclusive of
sand in the bottom of drainage areas) prior to City Council;
iii. - 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). Staff has 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 I SW and NW comers oiN. Ten
Mile and McMillan Roads within 4Nl W27
b. Owners
Mary Floyd and
E.L. & Shirley Bews
Hews Family Limited Trust
5204 SoITento Circle
Boise, Idaho 83704
c. Applicant:
Primeland Development
660 E. Franklin Rd. Suite 110
Meridian, Idaho, 83642
Volterra AZ-OS-O39, CUP-OS-04I, PP-OS-O39, PP-O5-O40
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CJrY Of MERIDIAN PLANNING DEPARTMENT STAFF REJ>ORT FOR THE HEARING DATE OF NOVEMBER 9, 200S
d. Representative:
Becky McKay, Engineering Solutions
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation:
Residential
g. Description of Applicant's Request: Annexation and zoning of 312.67 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
], Date of prelinúnary plat (attached as Exhibit Al & A2): 07/21/05 (Volterra)
07/13/05 (Volterra South)
2. Date of CUP site plan (attached as Exhibit A3): 06/27/05
3. Date oflandscape plan (attached as Exhibit A4): 06/21/05
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 aHows for residential densities which allows 3-8
dweHings per acre. We believe the use of the project will provide a development which
will complement the surrounding land uses and will be a continuation of the Bridgetower
project.
4. PROCESS FACTS
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
] 6, a public hearing is required before the City Council on this matter.
The subject applications will in fact constitute preliminary plats as determined 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 determined by
City Ordinance. By reason ofthe 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 determined 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, 200S (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
CoInnÚssion) and October 30, 2005 (for City Council).
b.
c.
d.
e.
f.
g.
5. LAND USE
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 Surrounding Area: Today, this area is primarily being used for
Volterra AZ-O5-039, CUP-OS-O41 , PP-05-039, PP-OS-040
PAGE 3
...-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
agricultural purposes. All of the properties adjacent to the west em boundary of this project are
currently zoned RUT in Ada County. There are some single~fal1ùly 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 ofllie 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 ilis development.
c. Adjacent Land Use and Zoning
1. North: CWTently 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/Agricultural, 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 of this site.
Location of water: There is an existing main in Ten Mile Road.
Issues or concerns: A vast majority o/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. CanalslDitches Irrigation: There are several ditches and drains that abut this site.
Except for the Wlùte 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 irrigation 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-Family (attached and detached)
f. Subdivision Plat Information (includes Voltetta and Volterra South);
1. Residential Lots: 728
2. Non-residential Lots: 37
Volterra AZ-O5-039, CUP-OS-041. ÞP-O5-039, PP-OS-O40
PAGE 4
CITY Of MERIDIAN PLANNING DBPARTMENT 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:
7. Commercial Area:
258.21 acres
54.46 acres
8. Gross Residential Density: 2.3 units per acre (2.8 units per acre excluding proposed
LøO and C-G properties)
g. Landscaping
1. Width of street buffer(s): Per MCC 12-13.10-4 a 25-£00t 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 conunon 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 C-G areas that abut the arterial roads.
A 10øfoot wide street buffer is required along all commercial (local) roads. The
landscape plan depicts the required street buffer adjacent to Penna 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 l2ø13-1O. 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
tnicropaths shall include at least one deciduous tree for every 35 feet of length (MCC
l2ø13-l5ø4)(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 l2-13øI6-5).
h. Conditional Use Infonuation:
1. 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 pennit
3. Percentage of site devoted to building coverage: NI 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
VolterraAZ-OS-O39, CUP.OSø041, PPøOS.O39. PP-OS-O40
PAGES
CI'rY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
7. Number of Residential units:
728
i. Amenities: Clubhouse, swhmnin.g pool facility, multi Ruse 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 ITom 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 of the proj ect. 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).
For 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 Couunents 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
VOltCIT8 AZ-OS-O39, CUP-O5-041, PP-O5-039, PP-O5-040
PAGE 6
CITY or 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 a.re within the area designated for low
density residential. Although the applicant has not subnútted calculations, staff believes that this
area contains Jess than 3.0 dwelling units per acre. Excluding the office and com.rnercial 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
.t¡ubject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once armexed 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 Sheriff's
Office. Once annexed the land,t¡ 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 subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexation.
It is not clear how sanitarv sewer and water service will he extended to the
lJrq,iect at this time. It may be years before service is available to this proDertv.
.
.
.
.
.
.
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
Service.ç, and Sanitary Services Company.
Chapter IV, Goal II: Diversity economic base of City -- make Meridian more than a
"bedroom" conununity.
The applicant is proposing to zone and develop 19 acres of the property for office use, and 35
acres of the property is planned for commercial use, Although staff believes 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 VIT, 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
.
Volterra AZ-O5-039, CUP-O5-041, PP-O5-039, PP-O5-040
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPOR'r FOR THE HEARING DATE OF NOVEMBER 9, 2005
within the Impact Area.
Staffjinds that the majority of this site is designatedfor 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 Wies 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
u...es 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 areasfrom
micro paths. sidewalks and shared streets. Staffbelieves that the commercial areas proposed
compliment the existing and planned residential areas in the vicinity.
. Chapter VIT, Goal IV, Objective D: Encourage appropriate land uses along transportation
corridors.
Staff believes that the proposed land uses are appropriate along the adjoining transportation
corridors (Ten Mile Road. McMillan Road and Black Cat Road).
.
. Chapter YD, 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 single-family lots (7%)
are proposedjor 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 vll, Goal V, Obj ective 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: Permit 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.
Stafffinds that this property is contiguous to the existing limit" 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 ,rite should be available in early 2008, at the earliest,
. Chapter VII, Goal Ill: Ensure that adequate public services, including transportation, for
existing and future development are provided.
The intersection ofTen Mile Road and McMillan Road currently has an acceptable level of
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 ~fthe Ten
.
Volterra AZ-OS-O39, CUP-O5-04I, PP-OS-O39. PP-O5.040
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
Mile Road interchange, stqlj'believe.'I that this intersection and others in the area could have
decreased levels of service in the nearfuture. Except/or sanitary sewer, this property can be
.'Ierved adequately by all public services at this time.
.
Chapter VI, Goal IT, Objective A, Action 5: Require pedestrian access COlll1ectors in aU new
development to link subdivisions together to promote neighborhood cO1mectivity as part of a
community pathway system.
The applicant is proposing to extend the multi-use pathwayfrom Vero1Ul Subdivision to and
through this development to Black Cat Road. The applicant is propotíing multiple micropaths
between the blocks of the development. Other pedestrian access is proposed to adjacent
properties via the sidewalks On the ,i'tub 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. Staff is supportive of the proposed pedestrian pathway system.
Chapter VI, Goal ll, 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 street:~ to adjacent parcels. Staffis supportive o/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 IT, Objective A, Action 13; Review new development for appropriate
opportunities to COMect to local roads and collectors in adjacent developments.
Staff has evaluated the adjacent properties and.fìnds that the proposed stub street locations
are ideal forfuture connections.
. Chapter VI, Goal U, 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). GondolaiMalta 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 should function as the primary route for residents driving vehicles and
bicyclists in this area.
.
Chapter vn (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
suuoWlding 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
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CITY OF MERIDIAN PLANNING DEPARTMENT STArF R.EPORT 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 (AnT) Qf 9,711 vehicles of which 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 qfTen Mile may increase by 1,262 trips per day, and traffic on
McMillan Road west of Black Cat Road may increaj'e 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 cufTently controlled by a two-
way stop along the east and west approaches. The Black Cat Road and McMillan Road
inter.'ìection currently operates under capacity at Level of Service (LOS) B with the
existing traffic volumes. FQr 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 inter.r;ection 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
intersection for the background and build out conditions.
4. The intersection ofTen Mile Road and McMillan Road currently is controlled by a four-
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 identified for 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 warrant for 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 lift 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
left 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 A CHD 's
nomographs.
8. The south leg of the western approach intersection with McMillan Road is predicted to
operate well "under capacity /I at LOS B or better throughout the development period. A
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CITY O}l MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
left turn bay ha,s been identified as a necessary improvementfor the south leg '?f 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 necessmy improvements for the
north leg of the eastern approach intersection with McMillan Road based on A CHD 's
nomographs.
10, The south leg of the eastern approach intersection with McMillan Road is predicted to
operate well "under capacity" at LOS B 01" 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 inters'ection with McMillan Road
is a right-in and right-out (RIRO) intersection only. The interseçtion is predicted to
operate well "under capacity" at LOS B of better throughout the development period. No
improvements have been identifiedfor 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 (RIRO) 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 .r;outh 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 jòr 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 improvements for 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 tUl7l bay hm.
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 (RIRO) 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 assessedfor their impact on the
transportation system and surrounding land uses, The applicant has included a multi-use
pathway, sidewalks, micropatks and regular street connections to encourage walking and
biking in this area. ACHD is requiring turn hays and other roadway improvements a,y part of
their approval.
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PAGE II
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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 ACHD evaluates acce5'S points in their analysis; no direct access is allowed to any of the
internal residential collector roadways, The proposed acces.\' 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, Actíon 5: Require appropriate landscape and buffers
along transportation corridor (setback, vegetation, low walls, berms, etc,),
The applicant is proposing to construct appropriate buffers along all of the adjacent arten'al
streets. By Ordinance, a minimum 25-100t wide landscape buffer is required adjacent to
arterial streets (width does not include the right-of-way or any required sidewalk).
Chapter Vll, Goal I, Objective D, Action 9; Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown
debris trom entering adjacent agricultural and other properties.
The applicant has not provided a fencing plan with the subject applications. The applicant
should clarify what perimeter fimcing is planned for the development. Permanent perimeter
fencing should be constructed around the perimeter of the development,
.
. Chapter VII, Goal r, 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 or fencing 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 pathway 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 ll: Facilitate the movement of people and products to and from the
Meridian Impact Area.
Stafffinds that the proposed street layout willfacilitate the movement of people and products
in this area.
8. ZONING ORDINANCE
a. Zoning Schedule oflJse Control: Meridian City Code 11-2-1 lists single-family homes as
pennitted uses in the R-4 zoning district, commerciaVretail uses are generally permitted in the
C-G district, and office type uses are generally pennitted in the L-O district. However, MCC
12-6-1 requires planned developments to comply with the conditional use procedures set forth
inMCC 11-17.
b. Purpose Statement of Zone:
R-4 Low Density Residential District: Only single-family dwellings, public schools, and
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CITY OF MERIDIAN PLANNING DEPAkTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005
public and private parks shall be pennitted and no conditional uses shall be permitted except
for planned developments. The purpose of the R-4 district is to permit 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 prohibiting the intrusion of
incompatible nollIesidential uses. The R-4 district allows for a maximum of four (4) dwelling
Wlits 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 pUlpose of the C-G district is to
provide for commercial uses which are customarily operated entirely or almost entÎIely within
a building; to provide for a review of the impact of proposed commercial uses whích 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 pennanent
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 conunercial development.
L-O Limited Office District: The purpose of the L~O district is to pennit the establishment of
groupings of professional, research, executive, administrative, accounting, clerical,
stenographic, public service and similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a nature to create noise, vibration or
emissions of a nature offensive to the overall purpose of this district. The L-Q 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 requÎIement 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 ofthe 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 Reconunendation
1. AZ Application (AZ-05-040): 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 requiIed facts and
fIndings for a ZoIÙng 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
coIporate boWldary of the City of Meridian.
The applicant wilt 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
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CITY OF MERrDIAN 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 witb
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
os roximit f exi in nd future esidenti uses and e re uicement that ch
bun 'n within the L-O and C-G zoned r as ob in d tailed CUP a roval staff
believes at a Develo men A eem t' cessa to ensure at his is
de elo d in a fas 'on that's misteDt ith e co r ensive an desi ti and
does not nel!ativelv imoact nearby Drooerties. Staff believes that the Development
Agreement should include the following provisions:
Phasine: 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 finally 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 supponiye 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 recollll11ends that prior
to the City Council's approval of the 350th 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 550th
residential lot (including Volterra and VoltelTa 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 ITom the primary use into
the use of the exception site so they are consistent and harmonious 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.a and C-G to zones contain
architectural features and bulk building concepts that are similar to the residential
buildings, as determined by the Commission at each CUP public hearing.
2. PP Application (Volterra, PP-O5-Q39): 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
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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 ftom 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, staffbeIieves 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 coIUlectivity
between the subject development and the Wlplatted 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 buffeJ;" 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.
Landscane 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 f.ina1 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 iIrigation 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 E:dribit B below.
Commercial Streets: MCC 12~13-1O-4 requires a lO-foot wide street buffer along
commercial roadways. On the submitted landscape plan, the applicant is proposing to
construct a 10-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
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CITY Of MERIDIAN PLANNING DEPARTMEN1' STAFF REPORT FOR THE HEARTNG DATE OF NOVEMBER 9, :1005
should be required to depict the required 10-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.
llitches. Laterals. and Canals: There are several inigation laterals that bisect this
parcel. Per MCC 12-4-13, all iITigation 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 inigation
facilities on the north side ofMcMi1Ian Road. See Exhibit B below.
Pressure IrrÜlation: The City of Meridian requires that pressurized inigation 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 Wlderground, 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 hot showing any fencing on any of the submitted plans.
Staff recommends that the applicant clarify, at the public hearíng, how fencing is
going to be constructed in this development. A detailed fencing plan should be
submitted upon application of the [mal plat (MCC l2-4-1O.F.3).lfpermanent fencing
is not provided, temporary construction fencing to contain debris must be instal1ed
around the perimeter prior to issuance of a building pennit. All fencing should be
installed in accordance with City Code. See Exhibit B below.
Existinll ResidenceslBuildings: The site culTently contains multiple buildings.
Because the existing structures span across proposed lot lines and/or are not allowed
in the proposed zone, aU 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 conunerciallots that do not have frontage OD a public
street. fustead 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 he 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-O5-040); The proposed preliminary plat
substantially complies with the CUITent 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 COIUlect with the proposed Lesina Drive. See Exhibit B below.
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CITY OF' MERIDIAN nANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
Cross~access: There are some commercial lots that do 110t have :fi:olltage 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 frontage on a public street, the applicant should provide a cross
parking/cross access agreement(s) for all of the lots within the office and conunercial
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
[mal plat, AND/OR in a document such as erRs. 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, amy 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
ExhibitB 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 commercial lots, which is cun-endy
not shown on the plat. See Exhibit B below.
Commercial Streets: MCe 12-13-10-4 requires a 1O.[00t wide street buffer along
commercial roadways. On the submitted landscape plan, the applicant is proposing to
construct a lO-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 Panna Drive on the face of the final plat.
Micropaths: 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 rnicropaths shall be constructed at least 5-feet wide, with 5 feet
oflandscaping on each side of the path (MCe 12-13-15-3). See Exhibit B below.
Land Use Buffers: MCC 12-13-12 requires lan~cape 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 1-0 zoned property (Class 111). Meridian City
Code l2.13~12-2 requires the land use buffer to be provided by the higher intensity
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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 lùgher 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
watelWays, 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 lITigation 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 reconunends that, except for
the White Drain and the Settlers Canal, all irrigation ditches, laterals and canals be
tiled. See Fencing and Exhibit B below.
fressure Inie:ation: 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 inigation system
should be installed to all landscape areas per the approved specifications and in
accordance with MeC 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 clarity, 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
eIijoy the water features, yet discourage them from entering into them. A detailed
fencing plan should be submitted upon application of the final plat (MCC 12-4-
1O.F.3). If permanent 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 ResidenceslBuildilUzs: 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
fmal plat by the City Engineer. See Exhibit B below.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
Patio Home Lots: The applicttnt 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. Staffis support ofthis proposal.
A note should be placed on the final plat that references CUP-OS-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 Plarmed
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 1-0 (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 squareøfeet.
There are 144lot8 (20%) that are proposed below the 8,000 square-foot minimum
requirement. The applicant is also requesting a modification to the minimum house
size ofthe R4 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-] 9 & 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 R4 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 cUlTently 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.
Am.enities: 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 % ofthe site); only 5% open space is
required. Other amenities include a 1O.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 1O-£oot 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 elevatio~ 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
Volterra AZ-O5-039, CUJ>-O5-041, PP-O5-039, PP-OS-O40
PAGE 19
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF NOVEMBER 9,2005
submitted for buildings within a PD. Staff recommends that the applicant brim!
elevatio s to t e Pia' & . Commiss' n heRrin 1 co ies of sam Ie
elevations for the attached and detached homes be submitted to the City Cle;ks
office. See Exhibit B below.
b. Staff Recommendation: Staff recommends aoDroval of AZ-O5-040. PP-OS-O39. PP-O5-
040. and CUP-OS-041 for Volterra Sub(ij.vision and Volterra S~uth S;bdivision.
based on tbe Findinf!s of Fact as listedJn Exhibit D and subject to the conditions
of aPDroval as fisted in Exhibit B as attached to this reDort.
c. Other: The Comprehensive Plan designates a future school site within this section. It is
staff's understanding that the Meridian School District has plans for an elementary
and riddle 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 Conunission 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-O5-040, 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-OS-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 right re.do the application to gain your recommendation for approval.)
11. EXHIBITS
A. Drawings
1. Volterra Preliminary Plat (dated: 07/21/05)
2. VolteITa 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
I. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
Volterra AZ.O5-039, CUP~O5.04I, PP.O5-039. PP-O5-040
PAGE 20
CITY OF MBRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
7. Ada County Highway District
8. Settlers' lITigation District
C. Legal Description
D. Required Findings from Zoning Ordinance
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PAGE 21
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005
A. Drawings
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Exhibit A - Page 11
CrTY OF MER1DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005
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Exhibit A - Page 12
CITy OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
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Exhibit A - Page 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVI;:MBER 9,2005
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Exhibit A - Page 14
CiTY OF MERIDIAN PlANNING DEPARTMENT STAFf REPORT FOR THE HBARING DATE OF NOVEMBER 9, 2005
B. Conditions of Approval
1. Planning Department
1.1
1.1.1
SITE SPECIFIC REQVIREMENTS-PRELIMINAR Y PLAT (VOLTERRA, PP-OS-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-O5-040) and Conditional Use Pennit (CUP-O5-041)
applications shall also be considered conditjons ofthe Preliminary Plat (pP-O5-039).
The planter strip between the curb and the near edge of the sidewalk, or multi-use pathway, along
all the internal streets with detached walles shall be a minimwn of 8-feet wide and include Class IT
trees.
1.1.3 Construct a lO-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 of the adjacent street (see Conditions 1.1.2 above).
1.1.4 In addition to the pedestrian connections proposed, construct a micropath in Block 37, generally
between Lots 11 and 12. All núcropaths shall be constructed at least 5-feet wide and include 5-
feet of landscaping on each side of the pavement.
1.1.5 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.
1.1.6 Depict, on the face of the plat, at least a 2S-foot wide landscape buffer along Black Cat Road, Ten
Mile Road, and McMillan Road. Depict on the face of the fInal plat a lO-foot wide landscape
buffer along both sides of Sangro Way, Milano Drive, and Gondola Drive (trom Sangro Way to
Divide Creek 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.Q and C-G zoned lots.
1.1.7 The landscape plan prepared by Harvest Design, P.C., labeled Sheets 1S-0, 1S-1, 1S-2, 1S-3,
18-4, LS-5, and 1S-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 itrigation district's easement.
. Only Class IT 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.
1.1.8 Maintenance of all common areas shall be the responsibility of the Voltena Subdivision
Homeowners' or Business' Owners Association(s).
1.1.9 The feø:ing r~~~~~ fer »Here paths aRt!. iBterier a¡JeB spaces (Bet lffiear afteR spaees) skaU
13e limited t6 eiilier 4 fest }aU seHà 6r €I feet taR 8p8B visiea. Four-foot tall solid teneioe:. with
two..feet ot I ttice to be c s fed ad' ce t to in erior 0 en aces an . roM
J!!!bL
1.1.10 Prior to the City Engineer's signature of the fmal plat, all existing structures shall be removed
fiom the site.
1.1.2
Exhibit B - Page 1
1.2.3
1.2.4
1.2.5
1.2.6
1.2.7
l.lB
ern OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 200.5
1.1.11 Provide cross access/cross parking agreement(s) for aU 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 fmal 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
GENERAL REQUIREMENTS-PRELIMINARY PLAT
Sidewalks shan be il18talled within the subdivision and on the perimeter of the subdivision
pursuant to MCC 12-13-10-8.
All areas approved as open space shall be tree 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 shan 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 colI1ply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.2.2
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 permit. 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 rogation 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, unless
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 signatW"e.
Staff's failure to cite specific ordinance provisions or terms 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 REQU1REMENTS-PRELIMINARY PLAT (VOLTERRA SOUTH, PP-O5-
040)
1.1.lB The preliminary plat labeled as Sheet I 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~O40) 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 II trees.
If.t. aàà:i.tiofl 16 the saffi stfeets þffi~e!3ea, entÐfld PJ:'ovide a oedestrian connection into this site
!i:2m.Upriver Drive Hem in Drawbridge Subdivision iflte this site from the south.
Graphically depict a 20-foot wide landscape buffer easement along the west side oftbe 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 surtàces 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 lO-foot wide landscape
buffer easement adjacent to the commercial portions of Sangro Way and Parma DJ:-ive. 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
1.l.4B
] .l.5B
1.1.6B The landscape plan prepared by HaIVest Design, F.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 II 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.
1.1.7B Maintenance of all common areas shall be the responsibility of the VolteITa South Subdivision
Homeowners' or Business' Owners Association(s).
1.1.8B THe 81'1'lieaRt sHaH Ð8B!1iruet a 6 feet tall apes. visisa, B9B eliæèable fenee BleRg both sider; of
the v"bite Dram 8H6 aJeRg the se1tt:h siàe afthe Settleæ Caaal. Four..r::t tall SO~d rencim~. with
two-feet oflattice on tOD. mav be constructed adjacent to interior __en soac_s and micro-
oaths.
I.I.9B Prior to the City Engineer's signature of the final plat, all existing Structures shall be removed
from the site.
I.I.10B Provide cross access/cross parking agreement( s) for all of the L-Q and C-G lots to use the ACHD
approved driveways and parking aisles as access to the public street :¡¡ystem. Maintenance of the
aislQ and parking areas shall be provided for in a note on the face of the fmal plat, AND/OR in a
docwnent such as CCR's.
l.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 iIrigation ditches, laterals or canals, exclusive of natural waterways, the White Drain and the
Settlers Canal, intersecting, crossing or lying adjacent and contiguo\.1.s to the area being
subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the City and the
Irrigation District(s). Plans will need to be approved by the appropriate irrigation/drainage
Exhibit B - Page 3
CITY OF MERlDIAN PLANNrNG DEPARTMENT STAFF REPORT FOR THE HEARING DATB OF NOVEMBER 9,2005
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.
1.1.13 Provide a s b street to the S.ac e arcel to the south
Drive.
1.2.B GENERAL REQUlREMENTS~PRELIMINARYPLAT
arcel #80434142354 from l,esina
1.2.1B
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to MCC 12-13-10-8.
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 permitted 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 stOImwater 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 permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. 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 terms 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.
1.2.2B
1.2.3B
1.2AB
1.2.5B
1.2.6B
1.3
SITE SPECIFIC REQUIREMENTS-CONDITIONAL USE PERMIT (CUP-O5-041)
1.3.1
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-OS-D40) and Prelinúnary Plats (PP-OS.O39 and PP-05-040) as a condition of the
Conditional Use Pemùt (CuP~05-041).
1.3.2
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
2.1
2.2
2.3
2.4
2.5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE 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.
1.3.3
As amenities for the subject planned development, construct a 1O.foot wide asphalt pathway
from Black Cat Road to Ten Mile Road; set aside ~ 24.4 acres (]3.9 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 IO.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.
1.3.4
Construction within VoltetTa Subdivision and VoltetTa South Subdivision shall substantially
comply with the elevations submitted by the applicant at the Planning & 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.
1.3.5
a allowed b
2. Public Works Department
Site Specific Comments for Volterra Subdivision
A majority of this development is not currently seIViceable 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 flll 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 fonus
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 inigation with approval for Idaho Department of Water
Resources.
Meridian City Code 12-5-2-N requires that any new development shall provide pressurized
inigation. The applicant has indicated it is to be a private system owned and maintained by the
Exhibit B - Page 5
2.10
2.11
2.12
2.13
CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE IiEARING DATE OF NOVEMBER 9, 2005
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 [mal
plat of the last phase by the City Engineer.
2.6
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.
2.7
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 forms of easements for any mains that are required to provide service.
2.8
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 coltlmunication capabilities that are consistent with the City of Meridian's
Scada system. Coordinate location and number with Len Grady at the Public Works Department.
2.9
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, 1O-1~91)
for all off-street parking areas. Stonn water treatment and disposal shall be designed in
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.
The preliminary plat depicts drainage ponds being constt\lCted 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 Înigation 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
2.20
2.21
2.22
2.23
2.24
2.25
2.26
lB.l
CITY OF MERrDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
2.14
Verify that the unnamed ditches that are shown as being abal1doned, 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.
2.15
Dedicate additional width to the Public UtiJities, Drainage. and Irrigation easement along the
collector streets. There needs to be 10-feet of free and clear easement beyond the three-feet of
sidewalk that encroaches out ofthe right-or-way.
2.16
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.
2.17
A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.18
AIl development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.19
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.
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 Permitting that
may be required by the Environmental Protection Agency.
Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
All grading of the site shall be perfonned in conformance 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 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
Exhibit B - Page 7
2B.3
2B.4
2B.5
2B.6
2B.7
2B.8
2B.9
CITY OF MHRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
early 2008. lf 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 shalt 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.
2B.2
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 forms
of easement for any mains that are required to provide service.
No "temporary" or "interim" lift stations shall be allowed in this development.
Meridian City Code 12.5-2-N requires that any new development shall provide pressurized
inigation. 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 fmal
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 Woiks Department. Applicant to e:x:ecute City
of Meridian standard [onus of easements for any mains that are required to provide selVice.
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 ofpublíc 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, wllich 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 Smveyor. 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.
2B.1O As each commercial and office lot develop a drainage plan designed by a State ofIdaho licensed
architect or engineer is required and shall be subnútted 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 NOVEMBER 9, 2005
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.
2B.11 The preliminary plat depicts drainage ponds being constructed on buildable lots. The applicant
shall move aU 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 irrigation easements of facilities that are being relocated
or abandoned. Tlùs 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 lO-feet of free 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 amoWlt of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary 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 inigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2B.I? 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 filial 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 requked by the Army Corps of Engineers.
2B.22 All grading of the site shall be perfOlmed in confonnance with MCC 11-12-3H.
2B.23 Compaction test results shaH 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
3.4
3.5
3.6
3.7
3.8
3.9
3.10
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 minimrnn of
3.feet above the highest established peak grouudwater 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 tIus 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 pUIposes such as landscape inigation with approval for Idaho Department of Water
Resources.
3.1
3. Meridian Fire Department
One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to se1VÏce the entire project. Fire hydrants shall be placed an average of 500'
apart. International 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 fire hydrant locations shall be by the Meridian Fire Department (see
Comment I in Section 3).
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 outI ets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements ofthe 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 wruch is 20' wide.
For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane", as clarified by
the Fire Department.Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
Operational fire hydrants, temporary or pennanent 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 County Highway Standards cross section requirements and
shall have a clear driving surtàce, 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.
3.2
3.3
Exhibit B ~ Page 10
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 fife-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 this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. Tms cost of this installation is to be
borne by the developer.
Maintain a separation of 5' ITom the building to the dumpster enclosure.
Provide a Knoxbox entry system for the complex prior to Occupancy.
The first digit of the Apartwent/Office Suite shall coITespond 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 mto or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparntus access road, as
measured by an approved route aroWld the exterior of the facility or building, on-site fire hydrants
and mains shan 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 01).
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.
Pool chemicals shall be stored in compliance with the International Fire Code.
4. Police Department
The proposed plat and/or site design encourages high~speed, cuHhrough 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 assume Maintenance of a section of Pathway: The pathway must CO1lllect
from one major arterial to another, and either an easement or ownership deed. must be granted
before the city will assume the maintenance of any section ofpathway.
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
3.12
3.13
3.14
3.15
3.16
3.17
3.18
Exhibit B - Page 11
7.7
7.8
7.9
7.10
7.11
CITy OF MERTDJAN 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 wilt 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 ZOIÙng compliance application.
7. Ada County Highway District
Volterra Subdivision
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 VoltelTa Subdivision South application, as proposed.
For the first 175-feet, dedicate by donation a total of 50-feet ofright-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 175-feet
north of McMillan Road, taper the right-of-way at a 10 to 1 ratio to 38-feet afright-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 41-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-£00t 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)
7.1
7.2
7.3
7.4
7.5
7.6
Exhibit B - Page 12
7.18
7.19
7.20
7.21
7.22
7.23
7.24
7.25
7.26
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE: OF NOVEMBER 9, 2005
7.12
concrete sidewalks within 54.feet of right-of. way. Comply willI the District's Tree Planter Width
futerÎm Policy.
Construct a stub street (West Wapoot Street) to the west property line approximately 1,lOD.feet
north of McMillan Road. Install a sign at the terminus of the roadway that states, "this roadway
will be extended in the future."
Construct a stub street (North Napoli Avenue) to the south property line approximately 1, 7SD-feet
east of Black Cat Road. Instal1 a sign at the terminus of the roadway that states, "this roadway
will be extended in the future."
7.13
7.14
Construct a stub street to the north property line approximately 330-feet east of Black Cat Road.
Install a sign at the terminus of the roadway that states, "this roadway will be extended in the
future."
7.15
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 twnaround to be a minimum of 4-feet in
width and be a minimum of 100-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 of the islands and to be 4-
feet in width and be a minimum of 100.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 nllnimum of 4-feet wide
with a minimum area of IOO.5quare feet and to maintain a minimum of a 21-£00t street section on
either side of the island.
Construct a northbound left-turn bay on Ten Mile Road at the West Malta Driveffen Mile Road
intersection.
7.16
7.17
Construct a northbound left-turn bay on Ten Mile Road at the Milano Driven-en Mile Road
intersection.
Construct a southbound right-turn bay on Ten Mile Road at the West Milano DrivefTen 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 Drive/Black Cat
Road Intersection.
Exhibit B - Page 13
7.34
7.35
7.36
7.37
7.38
7.39
7.1
Cay OF MERIDIAN PLANNJNG 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 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 Servicc::s 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 AClID Ordinances unless specifically waived herein. An engineer registered in the
State ofIdaho 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 incOIporates 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 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 shan 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 confnmation 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 unless
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 flfSt 175-feet. dedicate by donation a total of 37-feet from the centerline of McMillan
Road (an additionall2-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
7.28
7.29
7.30
7.31
7.32
733
Exhibit B - Page 14
7.10
7.11
7.12
7.13
7.14
7.15
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
7.2
Road. At 1 75-feet west ofTen Mile Road, taper the right-of-way at a 10 to 1 ratio to 25-feet of
right-of-way ITom 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 of the 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 ofTen Mile Road to align with a driveway that is proposed with
Volterra Subdivision.
For the first 175-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
witlùn 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 of right-of-way
from the centerline ofTen Mile Road.
7.3
7.4
7.5
7.6
Construct a main entrance roadway (East Panna Drive) that intersects Ten Mile Road
approximately 350-feet north of the south property line, as proposed.
Construct a 36-foot wide curb return type driveway (full access) that intersects Ten Mile Road
approximate]y 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 of right-of-way, as proposed.
Construct North San Vito Avenue as standard residential collector with vertical curb, gutter and
5~foot detached Concrete sidewalks wit1ún SO-feet ofright-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 Sanora 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 conunercial 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 ttom any street intersection.
Construct one cuI-de-sac turnarO1Uld with a center island witlùn the subdivision, as proposed.
Construct the turnaround to provide a minimum of turning 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 lOO-square feet
m area.
7.7
7.8
7.9
Construct tbree 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 lOa-square feet in area.
Exhibit B - Page 15
7.24
7.25
7.26
7.27
7.28
7.29
7.30
7.31
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEM13ER 9,2005
7.16
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 lOO-square feet and maintain
a nnnimum of a 21-[00t street section on either side of the island.
Construct a westbound left-turn bay on McMillall Road at the North Sail Vito Way/ McMillau
Road intersection.
7.17
7.18
Construct a westbound left-turn bay on McMillan Road at the North Sangoro AvenuelMcMillan
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 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 of the proposed development. Contact Construction Services at 387-6280 (with ftle
number) for details.
7.19
7.20
7.21
7.22
7.23
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 afIdaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans far staff approval, prior to issuance of building pennit
(or other required pennits), which incorporates any required design changes.
Construction, use and property development shall be in canfonnance 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 ACl-ID 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 ACIID 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 he upon the applicant to
obtain written confumation 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 oftlús
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 Wlless
Exhibit B - Page 16
8.4
8.5
8.6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
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
AU irrigation/drainage facilities along with their easements must be protected and continue to
function. The facilities involved are Settlers Canal (50' eMement), Wbite 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' 5 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 CUlTent 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.
8.2
8.3
Exhibit B - Page 17
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAklNG DATE OF NOVEMBER 9, 2005
C. Legal Description
VOL TERRA SU8DI'IISION
June 21. 2005
A parC91 of land located in the N X of the NE X of Section 34 and the S % of Sediotl
27, T. 4N., R. 1W., 8.M., Ada County,ldaho, /'nore partîcularlydBSCribed as lo"o~:
Cornmencing at the romer common to Sections 26. 35, and the said Sections 27 &
34, from which the X corner common to said Sections 21 and 34 bear$ North 88D55'55"
West, 2654.1;)7 teet. $aid point being the REI\!. PoiNT OF B~G'NNING;
Tt!ence along the eastlroo Glthe NE X of said SeCtion 34 South OO~53'í9" West,
1315.58 feet to the southeast comer of the N % of said NE X;
Thence along the south line of said N}ã of the NE Y. North 89"05'sa" West. 2651.08
feet to the ~east oomer of said N % of the Ne K
Thence along the west line of said N }IZ of the NE ~ North 00.44'11" East, 1323.35
feet to the % corner common to said Sec:ttons 34 and 27;
Thence along the west line of the SE i!i of said Section 27 North 00"29'09" East.
644.81 fillet to the southeøsl comer of Lot 7, Block 2 of Black Cat Estates No.2 Subdivision,
8S same Is recorded In Book 32 of plats ~t Page 1945, recon1a of Ada County, Idaho;
Thence along the eaBlline Of said Lot 7 North 00.20'12" East, 660.00 feet to the
northeast COrner of said Blade: Cat Estates No. 2 SubdiviSion;
Thence along the nor1h line Of said Black Cat Estates No. 2 Subdivision, North
89°17'29" West, 1261.91 feet;
Thence North 12°4725' West, 206.21 feet;
Thence North 88"10'44" West, 896.71 feet;
Thence NOrth 50°51'04" West, 89.06 feet;
cr ~~~~~I ..,
AU/; (II. 20(15
Thence North 34°20'48" West, 79.64 feet;
Thence North 191135'01" Wesr. 111.55 feet;
MERIDIAN PUBLIC
WORKS DI':PT.
27;
Thence North 69"34'24" West, 291.92 feet to a PCJi1t 011 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;
The~ along the East-West mid-section line of said Section 27 South 69°19'43" East.
2649.84 feet to the Center of said Section 27;
.. 0.1 l1ZI4ð402-pra._due
.. . '--~...._....._. .
, """.".
- .. ---, -",...
... "".. --
Exhibit C - Page 1
CITY OF MERlDfAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATB OF NOVEMBER 9,2005
Thence South 89°20'38~ E
ast, 2650.99 feet to the East 1/4 ~ . .
-..n roer of said Secllon 27-
Thence SOUth 00021'48" WeBt 264437 f .
Containing 312.67 acres, mom or le~. . eat to the POINT OF BEGJNNrNG.
4 U'¡OZl040402 .pre."'.doc
.....--...- ..
Exhibit C - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005
~ nu. .. 2DO. 10,ODß"^En.,n..rinc Solutions
ZOO 539 (IS,,]
O. 1
PROPOSED L-O ZONe
VOLTERRA SUBDIVISION
June 21, 2005
PalCGls of land located In the NE ~ of the NE ~ of SeåIon 34 and the se ~ of 1he SE
% of SøctÞn 21, T. 4N.. R. 1W., 8.M.. Ada County, Idaho, more particularly desCribed as
fellows:
PARCEL A
A parcel of land located In trye NE ~ of the NE % of said Sectlon 34. more partlallany
described 88 foUowa: .
Commencing at the comer COmmon to SectIons 26. 35, and rl1e saId Sections 27 & 34,
from whlt,h the % comer cornman to Mid Sections 27 and 34 b88l'l North sa"55'55" West,
2854.57 feet. thence along the eest line of laid Seauon 34 South O0"'53'19~ West, 920.35 feet
to the REAL POINT OF BEGINNING¡
Thence c:ontinuing along safd east line South 00-53'19" Weet, 396.23 feet to the
southøast comer of the NE ~ of the NE % of said Section 34:
Thence along the south lined said Ne X of the NE ~ Norln 89"05'58" West, 482.58
feet;
Thence Nolth 00°52'09" East, 403.38 fEJet to . point an 8 QJrve;
Thence 90,48 feet 8Iang the arc of a non~ngent curve tD lI1e left, Said curve having a
radius of 600.00 feet, a delta angle or 10~22'O6', end a/ong chord burinS South æoSS'02"
East. 90.38 _I to 8 point of tangency;
Thence South 89"06'05" East. 392.73 feet 10 the POINT OF BEGINNltIIG. ContaIning
4.38 aCf'88. rnotQ or 1doB8.
PARcEL B
A p&1Çe/ of lend located In the SE % of the Sf: 14 of aaid Section 27. more partlculelfy
dMCr1bed ae fuIIowø:
Commeneîng at the CXX'I1er common to Sections 28, 36, 8"Id the saId Sections 27 & 34,
from YA1Ich the % comer common 11) Aid Sections 27 and 34 bea.. North 88"55'55" West,
2654.57 fe8t. thence IIlong the BOUtI1 fine of said Section 21 North 88"55'55" West. 891.32
feet to the REAL POINT OF BEGINNING;
Thet'1C8 continuing along aaiQ ""'th line North B8~55'55~ Weet. 324.99 feet;
Thence North 01°05'10" Ellst, 841.20 feet;
4:14(JV404Ð2~.doc
.~ .-....... ... .
Exhibit C - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005
nile 05 2006 lDISORM"" EnC:ine.,.lnr Solu1;.jon5
208 9:'19 0941
f'.2
Thence North 44"41"7" East, 93.29 feet;
Thence North 62"55'27" Eaal, 466.72 feet;
Thehce North 63"01 '1B" Ealt, 62.80 feet:
Thence North 75"18'10" East, 54.S6 feet;
Thenoe North 82"23'09" East, 52.00 feet;
Thence SOUl" 89.38'12" Eeat. 809.41 feet to B point 01'1 the east line of the BE % of
said 8ecIIan 27;
ThBnce along said east IIhe Soulh 00"2"48" West. 351.02 feet;
Thence North 69"38'12" West. 486.14 feet to a point of curvature;
Thence 623.40 feet along the an:: Of iii CUrve 10 the left, laId CUrve having 8 radius Of
400.00 feet, II delta angle of 89°17""'", and along chord bearing SOUth 45"42'56"
We.. 582,20 feet to a point of tangency;
Thence South 01~'04.West,499.13 feet to the POINT OF BeGINNING, Containing
14.89 acree, more or less.
"IMO2~-J..O,-doc
,.. -_..
Exhibit C - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF NOVEMBER 9, 2005
nUl; 05 2005 1°= 50A", ... lõns i nee-l"ln t Sol UtI ona
209 839 0841
,..3
PRoPOseD R-4 lONE
VOL TE RItA SUBDlVlStON
June 21,2005
A parœl of land located in DIe N ~ of the NE ~ of Section 34 8~ the ,$ ~ of Section
27, T. 4N" R, 1W.. B.M.. Ada Ccunry, Idaho, more P8rtlcularty deSorlbecl aa foJlows:
Commencing al the CXlmer common to Sections 26. 36, and the said SlIctJons 27 &
34, fron which the ~ comer COmma" 10 qld SectIons 27 and 34 bears North BðDð5'55u
West, 2854.57 feet, thence along the sðUth 'Ine of said Section 21 Nonh 88D55'55" West,
891 .32 feet to 1118 ReAL POINT OF BEGINNING;
Thence Sou(h 01 "04'04. W88t, 421.51 teet to 8 point of curv81ul'9;
Thenoe 695.40 feet along the arc of 8 curve to the left" said curve having 8 radius of
500.00 ftMt. a delta angle of 79.48'04., and a long chord bearing South 30'49'57. East,
641 ;48 feet to a point:
l'bønœ SouCh 00'"52'09- West, 403.38 teet to a paint on t"8 ~uth line of the N ~ of
thø HE 1A of said Section 34:
Thence along eald 80tJ1h lIne North 89°05'68. West. 2168,60 feet to the southeast corner of
said N ~oftheNE~:
Thence along the wast line Of said N % of the NE ~ North 00.44"7. east, 1323.35
filet to hi ~ COmer common to Mlel SectIons 34 and 27;
Thence along the west line Of the SE % of 8~id Secuon 27 North oo-æ'w East.
644.81 f8et to the 8OUI:i1eaet œrn.,. of Lot 7, Block 2 of Black CIIt Estales NO.2 Subdivision,
as same 18 retCln:led in Book 32 of plats &t Page 1945. records of Ada County. Idaho;
Thence .(Ilong the ant line of said Lot 7 North 00°20'12" East, 660.00 feat to the
northerqt comer of Mid BlIiCk Cat Estates NO.2 SUbdlvfslon;
Thence along the north Una of said Black Cat Estates No.2 SubdMBion, N art"
ð9°17'29"Wect, 1281.;11 feet. .
Thence North 12'47'25' West, 206.21 teet;
Thence North 88°10'44° Weet, 896.71 feet;
Thønce North 50.51 '04° West, 89-08 feet;
Thenoe North 34°20'48° W881, 19.64 feet;
Thence North 19°35'01° Wlllt, 111.55 feet;
of D401I4O<tO2.u_.doc
... "'.-n_--_.
Exhibit C - Page 5
CITY OF M ¡;RTDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
Rue 05 2006 ID:50Ak E"Clne.~Jnc Sotu~ians
209 ~38 OS'!'l
"-'1-
Thence North 89"34'24° West, 291,92 feet to a POint on tf1e weat line of the S Me of
said Section 27;
Thence along said west lne North 00"31'40' Sast, 877,06 feet to the northWest COmer
Of said S ~ df Section 27;
Thence along the north boundary of saId S X. of SectIOn 27 South 89019'43" East,
2649.84 feet 10 Iho Center ~ comer of said Section 27;
TheI'\Ce continuing laid I'MHtI'I boundary South 89"20'38° East, 2650.99 feet fI;J the
northøaet corner of Mid S ~ of Sedion 27;
feet;
Thence along the 8él8tl1ne of laId S M, of Section 27 S~th 00"2-1'48. West, 1387_61
Thence North 89°38'12° West, 609,47 feet;
Thenc;e SOUth 62~3'O9" West, 62.00 fuel;
Thence South 15°18'10~ West. 64,86 feet;
Thence South 63"01'18" W- 62BO feet;
Thence South 52"55'2]- West, 466,72 feet
Thence South 44°47'17" WB8t, 93.29 feet;
Thence SOtJ1h 01"05'10. West. 841.20 feet to 8 point on tt'te south line of1he S % of
laid Section 2.,;
Thence along Mid SOUth line South sa"56'55" east, 324.9Q feet to the POINT OF
BEGINNING. ContaIning 258.21 acres, more or less,
41 N/1214D402-R4.dat.doc
._-.- ..-".,.-.
-,." , .' ""
Exlùbit C - Page 6
CITY OF MERIDIAN PLANNING DEPARTMaNT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
AUE 05 ~OD5 lO150nH~ En~1n..ri"1 Solutions
209 !J<lO OS41
f'.5
PROPoSED CO ZONE
VOLTERRA SUBDIVISION
JUlla 21, 2005
A parcel of land l0C8tCld In the NE X of the NE ~ of Section 34 and the SE ~ of the SE
% of Seatio" 27, T. 4N,. R. 1W.. 8.M., Ada County. Idaho. more partjçularly Qescrlbed as
fall0W8:
Commencing at the comer common to Sections 26, 36. and the 8aid Sections 21 &
34. from which the W. corner cammon to said Sectlone 27 and 34 bears North 88'5S'55~
West, 2654~57 feet. said POint being the REAL POINT OF seGINNING¡
Thenee along the eaet line of1he HE }o¡ of SEiId Section 34 South 00"53'19" West.
920.35 f8øt
Thence North 89"OS'O5~ West. 392.73 feet to a point of curvature;
Thence 788.881eet along the lire of 8 curve to the right. .ald Curve naYln.g a radIus af
500.00 teet. a de/te angle ofSQ-10"O". and B long chotd bear'ng North 44'01'01- West,
105,15 feet to a point of tangency;
Thence North 01 °04'04' EaaI, 421.51 feet to 8 po,Int on ,"8 north IÌ1"Io of Bald NE Yo. of
SectIon a.t;
TMnce continuing North 01.04'04' East. 499.73 feet to a point of curvature¡
Thence 623.40 teet along th8 ere of. curve to the right. amid curve having 8 mdlus of
400.00 f8et. Q delta angle of øg.1r44~. and a long chord bearing North 45"42'56~ East,
582.20 fBet t) B point of tangonçy;
Thence South 89°38'12" East. 485.14 feet 10 a point on thlil ..t Uno of the SE y" of
said Secuon 27;
Thenœ along said east line South OO"21'48~ WBSI, 905.74 feet to the POINT OF
BEGINNING. Containing 35,19 8Q'8&, I'nOI'8 or less.
~Q402/40402.C'..G..1-dn.:
Exhibit C - Page 7
CITY OF MERIDIAN PLANNrNQ DEI'ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, ZOOS
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Exhibit C - Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Or NOVEMBER 9, 2005
D. Required Findings from Zoning Ordinance
1. A11nexation Findings:
The commission and council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment
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 defined 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 writs or less per
acre. City Council fmds 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 wùts 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 contonns 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 permitted 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 finds that the proposed zoning
is in general conformance 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 permit for a planned development that proposes
single-family, commercial and office lots on the subject site (pP-O5-039, PP-O5.040 &
CUP-OS-041). City Council does not anticipate that the applicant plans to rezone the
subject property in the future if the accompanying CUPIPD 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 permits;
City Council finds that the single. family homes would be allowed (pennitted) within the
requested R-4 zone, (if the 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 bùildings within the 1-0 and C-G zone will need CUP approval prior to
Exhibit D - Page 1
CITY OF' MERJDJAN 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 plaIll1ed or adjacent area being developed in a fashion similar to the
proposed rezone årea;
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 Volterra Subdivision. Bainbridge Subdivision is not currently being
developed because sewer service is not available to that site. The subject property is
generally surrounded 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 ITom 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
hannonious 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 sinùlar 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 harmonious 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
determine 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 selVices such as
highways, streets, police and fIre protection, drainage structures, refuse disposal, water,
sewer; or will the person responsible for the establislunent 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 cwrently 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 STAPF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005
construction. If this development is approved, it shaH 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.
ACfID 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 tills property. Based on the joint
agency/department meeting and other comments received from agencies/departments,
City Council fmds that except for sanitary sewer, the public services listed above can be
made available to acconunodate 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 proj ect.
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;
If approved, the developer will be financing 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 fmds 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.
1. 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 WId the development of this site will not
involve uses that will create nuisances that would be detrimental to the general welfare of
the SUITounding 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 exces~.-ive traffic, noise, smoke,
fumes, glare, or odors.
1. 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 tour driveway
accesses to the existing public street system. ACIID 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 0 - 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 will not result in
the destruction, loss or damage of any natural feature(s) of major importance if developed
under these conditions.
2. Preliminary Plat Findings:
In detennining the acceptance of a proposed subdivision, the Commission shall consider the
objectives ofthis 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 availabílity 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 Exlúbit B for comments and conditions :£rom 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 envn-onmental problems associated
with the development of this subdivision that should be brought to the Councilor
Commission's attention. ACID considers road safety issues in their analysjs. The
Commission and Council reference any public testimony that may be presented to
detenn.ine 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 terms of the following, and may approve a conditional use permit
if they shall find evidence presented at the hearing(s) is adequate to establish:
A That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking, landscaping and other features as may be required by this title;
Exhibit D - Page 4
CITY OF MERlDlAN PLANNING bijPARTMENT STAFF REPORT fOR THE HEARrNG DATE OF NOVEMBER 9,2005
As part of the Planned Development (PD) the applicant is requesting relief fi'Oln the
standard street frontage, lot size, house size, side setback and maximum block length
reqUÎI:ements 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 l<u'ge 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 hannonious with the Meridian
Comprehensive Plan and in accordance with the requirements oftrus Ordinance;
City Council fmds 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 of the
same area;
Please see Annexation Findings E.
D. That the proposed use, if it complies with all conditions ofthe 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, staff's 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 establislunent 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 surrounding public streets;
Exhibit D - Page 5
CITY OF MßRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBI::R 9,2005
Please See Annexation and Zoning Findings J. The Commission and CoWlcil should
review any comments received from the ACHD regarding this project when detennining
this fmding.
1. 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. Plaruled Development Findings:
Upon recommendation of the commission, the council may authorize specific uses not
normally permitted by the use regulations of the zone:in which the development is located. In
granting such authorization, the commission and council shall make the following flnrungs:
A. The uses permitted 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
permitted 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
cormections so that the conunercial uses will not be intrusive on the residential
development, but the residents will stíll 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%) of the total area of the project shall be devoted to the
uses pennitted by the exception. The percentage of use exception allowed will be
determined by the commission and council based upon the size of the proj ect 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 flids 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 pI'ÍInary
uses.
See Planned Development Findings "A" above.
2. Utilizing one or more of the 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
CITY OF MERIDIAN HANNING 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 from 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 reconunends 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 ap.,plicant. at the Dublic hearin2. state how th~ plan to inteszrate the look of the
commercial buildinlls and lots with the residences (I¡Decific features on the buildinszs).
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 finds that the size and character of the non-residential zones proposed are
appropriate to serve the conununity and should not be detrimental to adjacent
neighborhoods.
Exhibit D - Page 7
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