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Bienville Square AZ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER RECEIVED MAR 1a 2006 Çity Of Meridian ~lerk Office o«e;;d/:n~ ~ II).\H(J ~ "~i< ¿Þ ~!'~~u~.'i~-l""_"""",,,s~",b!c"!" --'J'--- -- . t:i:¡ In the Matter of Annexation and Zoning of 18.43 acres AND Rezone of 10.05 acres to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C-G (General Commercial) AND Preliminary Plat Approval for 54 single family residential lots, 22 multi-family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres AND CUP-05-052 - Conditional Use Permit for mixed use development within 300-feet of a residence AND PS-06-002 for a Private Street to provide frontage to Multi-Family units, For Bienville Subdivision by Red Cliff Development Inc. Case No{s). AZ-05-057, PP-05-059, RZ-05-019, PS-05-002 and CUP-05-052 For the City Council Hearing Date of: March 14,2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 14,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 14,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 14,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 14,2006 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 (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-OS7, PP-OS-OS9, RZ-OS-Q I 9, PS-OS-QO2 and CUP-OS-OS2- PAGE I of 4 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § II-5A. 4. Due consideration has been given to the cornrnent(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 14, 2006 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 Piat as evidenced by having submitted the Preliminary Plat Submitted and REVISED February 13, 2006 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated Submitted and REVISED February 13, 2006 is herby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 14,2006 incorporated by reference. D. Notice of Applicabie Time Limits Notice of Twelve (12) Month Preliminary Plat Duration - Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval ofthe preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-OS7, PP~OS-OS9, RZ-OS-O19, PS-OS-OO2 and CUP-OS-OS2- PAGE 2 of 4 and filed by the applicant prior to the termination of the period in accord with II-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 determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Final Action and Right to Regulatory Takings Analysis E. 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action ofthe 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 March 14,2006 By action of the City Council at its regular meeting held on the ,2006. day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY deWEERD VOTED MAYOR TAMMY de WEERD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-OS7, PP-OS-OS9, RZ-OS~O19, PS-OS-OO2 and GUP-OS-OS2- PAGE 3 of 4 ATTEST: WILLIAM G. BERG, JR., CITY CLERK Copy served upon: Applicant Planning Department Public Works Department City Attorney By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-OS7, PP-OS-OS9, RZ-OS~OI9, PS-OS-OO2 and CUP-QS-OS2- PAGE 4 of4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03114/06 STAFF REPORT Hearing Date; March 14, 2006 Planning & Zoning Commission Hearing Dates; February 16, 2006 Continued from: February 2,2006 Continued from: January 5, 2006 cMe;ìdl~~ .~, 1:),\1-10 f' .Ä if ;~f(~t~_,,:'f" To--",..... S"-!-'.~/' ,~:(- u_-- 11m:, TO: FROM: Meridian City Council Planning Commission Staff: Joe Guenther, Associate Planner ,'>~,B .~ D 2006 Meridian Planning Department - ,-- 208-884-5533 ~i I Y OF MERIDIAN :'~:¡T\/ r-'i cpv ('ccrrF Bienville Square Subdivision. All applications are for Bienville'Square" . - ' , '. .-: Subdivision by Red Cliff Development, mc. AZ-05-057 - Annexation and Zoning of 18.43 acres from RUT and Rl to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C- G (General Commercial). RZ~05-019 - Rezone of 10.05 acres ofC-G (General Commercial) to R.8 (Medium Density Residential) and R-15 (Medium High Density Residential). PP-05-059 - Preliminary plat for 54 single family residential lots, 22 multi- family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres. CUP-05-052 - Conditional Use Permit for mixed use development within 300- feet of a residence. RECEIVED SUBJECT: PS-05-002 - Private Street for providing frontage to multi-family site. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Red Cliff Development, INC, is requesting approval of a Preliminary Plat with a Conditional Use Permit (CUP) to construct retail/restaurant/and office uses as well as a mixture of attached, detached and alley-accessed residences on approximately 27.36 acres within the Bienville Square Subdivision development located approximately ~ mile south ofthe southwest corner of Us tick Road and Eagle Road/SH-55. A portion of the subject property was in the Kissler, Cobb, Eagy annexation project AZ-03-0l8 and a corresponding Development Agreement (DA). (Similarly, a portion of the Sadie Creek Promenade Subdivision project immediately north ofthis site was also in that annexation application.) The DA (mstrument No. 104107406) requires that any future use be approved either through a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the application for information purposes (not for formal approval). The overall design of the site is paramount on City Council and ITD approval of the Eagle Road approach. However, if the applicant is unsuccessful in obtaining an approach, Staff feels the proposed conditions and an amended Development Agreement for the 27.36 acres could sufficiently address interconnectivity issues associated with development of the site. Currently the Sadie Creek Promenade Subdivision property to the north provides one public street access to Ustick Road, and staff is proposing cross access to the two other approved Ustick Road approaches. 2. SUMMARY RECOMMENDATION History: On December 8, 2005, the Commission continued the Sadie Creek Promenade project to the January 5, 2006 hearing in order to discuss both the subject property and the Sadie Creek Promenade Bienville Square Subdivision AZ-OS-OS7 /PP-OS-OS9/CUP-OS-OS2/RZ-OS-0 19/PS-OS~002 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 property at one time. The original intent was to have a full hearing of both projects at that time and to address issues common to both development proposals. On January 5, 2005 the Commission voted to table the item at the applicant's request until the February 2,2006 hearing. The applicant was considering redesigning the site, but has instead decided to proceed with the original configuration as advertised for the public hearing; therefore no changes to the site layout were proposed prior to February 2,2006. On February 13, 2006 the applicant submitted a revised master plan reflecting the Planning Commission discussion of February 2,2006. Staff supports the revised design as submitted which includes open vision fencing along the Finch Lateral as the applicant is no longer proposing to tile the ditch as submitted for the February 16, 2006 hearing date. The Commission has noted that the applicant has submitted a Variance application and has made recommendation that the site plan dated February 13, 2006 be approved as submitted with approval of the variance request. The Variance request proposes one new approach to N. Eagle Road/State Highway 55, for one right-in/right-out access driveway. Idaho Transportation Department (ITD) has not approved any approach pennits on this site. The Variance application pertains OIùY to the right-in/right-out access lying approximately 1,300 feet south of Us tick Road. Staff is recommending approval subject to the conditions of approval found in this report for the subject applications (AZ-05-057, PP-05-059, RZ-05-019, PS-05-002 and CUP-05-052). Staff is recommending denial of the variance application (V AR-05-023) contained in a separate staff report. The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Bob Unger, Red Cliff Development ii. In opposition/commenting: Billy Knorpp, 2972 Leslie Drive - Opposed to increased traffic Steve Grant 1534 Leslie - wanted masonry fence on west property boundary. Candy Seeley 1567 North Leslie Way- Fencing and change Multi-family to office. Linda Morris. 1374 Leslie Way - Fencing and pathway issues Betty Rosso 2832 Leslie Drive - Canal tiling, multifamily, traffic David Thurston. 1470 Leslie Way - Canal and irrigation lll. Staff presenting application: Joe Guenther, Associate iv. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. -Eagle Road Access; ii. -Perimeter buffers including landscaping, screening, elevations, pathways, canals and fencing material; iii. -Cross access requirement to other properties to the north c. Key Commission Changes to Staff Recommendation: i. -Revise Condition 1.1.16 to read that Eagle Road access is essential and a full access at the ~ mile is preferred. ii. -Revise Condition 1.1.4 to read that no changes to the landscaping along Eagle Road are required. d. Outstanding Issue(s) for City Council: i. Eagle Road access conditioning in this report has not changed with the Planning Commission Recommendation. Planning Staff is recommending denial of the access point to Eagle Road and to maintain consistency with Staffs recommendation the staff report dated March 14, 2006 has not been altered with respect to modifications to the Eagle Road right of way. Bienville Square Subdivision AZ-OS-OS7/PP-05-0S9/CUP~OS-OS2/RZ-OS-019IPS-OS-002 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 The Planning Commission made a recommendation based on the site design dated February 13,2006. The Commission requested that if the City Council Denies the Variance then the site design dated February 13, 2006 be remanded to the Commission in order to make a revised recommendation on a site plan showing no access to Eagle Road. Staff recommended approval of the subject applications (AZ-05~057/PP-05-059/RZ-05-0l9/PS-05-002 and CUP-05-052) with the conditions noted in this report and denial of the access variance V AR-05-023 to the Planning Conunission on February 16, 2006. PROPOSED MOTIONS (to be considered after the public hearing) Approve-Project After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 as presented in Staff Report for the hearing date of March 14,2006 with the following modifications: (Add any proposed modifications. ) 11. Deny-Variance After considering all staff, applicant and public testimony, I move to deny File Numbers V AR- 05-023 as presented in the Staff Report for the hearing date of March 14, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 05-057/PP-05-059/RZ-05-019/PS-05-002/CUP-05-052 and V AR-05-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW comer of Us tick Road and Eagle Road/SH55 Township 3N, Range IE, Section 5 b. Owners Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 John Ewing 1500 El Dorado Street, Suite 4 Boise Id 83704 c. Applicant: Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 d. Representative: e. Present Zoning: Ashley Ford, WRG Design, INC General Retail and Commercial (C-G), Meridian, RUT -RI-Ada County f. Present Comprehensive Plan Designation: Mixed Use-Regional ~ 2002 Comprehensive Future Land Use Map Bienville Square Subdivision AZ-OS-OS7/PP-OS-OS9/CUP-OS-OS2/RZ-OS.0 19/PS-05-002 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 g. Description of Applicant's Request: 1. See Exhibit Al (prepared by Stanley Consultants) for a copy of the proposed plat, Exhibit A2 shows the proposed landscape plan, and Exhibit A3 shows a detailed site plan which depicts the lot layout, building, parking and access locations with adjoining subdivisions. h. Applicant's Statement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of RetaillRestaurant/ OfficelDrive through and other Commercial uses oriented around automobile traffic, the rear portions ofthe site are designed around transitional uses of a mix of single-family detached units and multi-family residential units. The applicant notes that the site is an ideal location for a retail/residential complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor, and develop the new public street to improve traffic movement in the area. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning (including rezones) as detennined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 3, a public hearing is required before the City Council on this matter. The subject applications will in fact constitute preliminary plats as detennined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. The subject application will in fact constitute a conditional use / planned development as detennined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 6, a public hearing is required before the City Council on this matter. Newspaper notifications published on: Council- December 19 and January 2,2005 Radius notices mailed to properties within 300 feet on: Council- December 19, 2005 Applicant posted notice on site by: December 26, 2005 b. c. d. e. f. 5. LAND USE a. Existing Land Use(s): Bare land, two single family residences. b. Description of Character of Surrounding Area: Large lot residential, highway-oriented services, rapidly urbanizing c. Adjacent Land Use and Zoning 1. North: Future pad sites within Sadie Creek Promenade proposal zoned C-G and Ada County Rl. 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 3. South: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 4. East: Future pad sites within the Kissler Annexation project zoned C-G, Eagle Road. d. History of Previous Actions: In April 2004, the owners and City entered into a Development Agreement for various High Density Commercial, Multi-family Residential, transitional, and office uses under File AZ-03-018. Some property was annexed and zoned to General Retail Bienville Square Subdivision AZ-OS-OS7/PP-OS-OS9/CUP-OS-OS2/RZ-OS-0 19iPS-OS-002 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 and Commercial (C-G) with a Development Agreement while other portions of the property were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. The 18.43 acre out parcel immediately south of the C-G site is included with this project. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Location of water: Extension of mains in Ustick Road/Sadie Creek Promenade Extension of mains in Ustick Road/Sadie Creek Promenade Issues or concerns: None 2. Vegetation: AgriculturallIrrigated 3. Flood plain: N/A 4. CanalslDitches Irrigation: The Finch Lateral courses the southern part of property and the Milk Lateral courses the northern part of the property 5. Hazards: None identified 6. Size of Property: 27.3 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements along Eagle Road. Attached townhouse and single family residential, front accessed and alley accessed products. f. Subdivision Plat Infonnation The submitted plat includes an R-8 proposed zone with 54 single-family residential lots of which 20 units with street side garages along the western property line are located in Block 2 (lots 20-40) which are in the 6,000 to 8,000 square foot range. The 34 alley accessed homes are located in Block 3 and are approximately 4,500 square foot in area. These lots are designed to meet the minimum standards of the R-8 district. The submitted plat also includes 22 lots in an R-15 proposed zone. These R-I5 products are designed around a modified townhouse design and each building would be contained on a lot with potential for a future condominium plat on the individual units. The applicant has included a clubhouse and additional parking contained in common lots. The submitted plat also contains seven lots in a C-G proposed zone with commercial uses. Commercial uses are shown to be a mix of restaurant/retail and office spaces with two approximate 12,000 square-foot buildings and five approximate 6,000 square-foot buildings. g. Landscaping 1. Width of street buffer(s): per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Corridors." As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan (Sheet Lt.I) proposes a 35-foot wide buffer along Eagle Road. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet the landscaping standards required in the UDC. 2. Width ofbuffer(s) between land uses: Table 1I-2B-3 requires a 25-foot wide buffer between commercial uses on C-G-zoned land and residential uses. The properties to the west are zoned R-2 (City of Meridian) and RI (Ada County), and are currently Bienville Square Subdivision AZ-OS-OS7¡PP-OS-OS9/CUP-OS-OS2/RZ-OS-0 19/PS-OS-002 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03114/06 residential. Lots adjacent to the site on the west and south as shown on the landscape/site plan shall include a 25.foot pennanent easement or the 25 feet shall be included in a common lot as defined by the landscaping standards of the UDc. 3. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. The open space contained in the residential uses is shown to be 3.3 acres or 16.4 percent and applied as an additional amenity. This calculation should be reduced to not include any landscape buffers. The applicant shall clarify these calculations to be consistent with the amenity standards found in UDC Chapter 3, Article G. 4. Other landscaping standards: The landscape buffer along Eagle Road should be constructed in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics - N/ A i. Conditional Use Infonnation: 1. Non-residential square footage: To be detennined, 44,000 square feet shown 2. Proposed building height: 65 feet, or C-G standards 3. Percentage of site devoted to building coverage: Not defined 4. Percentage of site devoted to landscaping: 3.53 acres, 12.9% 5. Percentage of site devoted to paving: Not defined 6. Percentage of site devoted to other uses: N/ A 7. Number of Residential units: N/A j. Amenities - The applicant is providing a clubhouse in Lot 12 Block 1, recreational facilities in Lot 20 Block 2 and additional open space for the residential amenities. The applicant is also proposing a water feature in the turnabout in Block 6. k. Off-Street Parking (residential uses) - provided within the R-15, to meet the multi-family standards set forth in UDC 11-4-3.27 1. Proposed and Required Residential Standards - R-8 and R-15 bulk standards apply as found in UDC 11-2A. R-8 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 15 15 Side 4 4 Rear 12 12 Frontage-alley loaded 45 40 Frontage-garage fronted 60 50 Lot Size~alley loaded 4,630 4,000 Bienville Square Subdivision AZ-OS-OS7/PP-OS-OS9/CUP-OS-OS2/RZ-OS-0 19/PS-OS-002 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 Lot Size-garage fronted 6,023 5,000 Lot Size- Comer 5,188 5,000 R-15 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 10 10 Front Accessed Garage 20 20 Street side 20 20 Side 4 4 Rear 12 12 Frontage 20 0 Lot Size 8,424 2,400 Maximum building height 40 40 m. Proposed and Required Non-Residential Parking - One off-street parking space required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading area (per UDC 11-3C-8). The proposed total building floor area is 40,000 s.f., which requires 80 parking spaces. The total number of parking spaces has not been calculated. This may be addressed during detailed CUP review and building design review but the design appears to meet the núnimum standards of the UDC parking requirements. n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one new access point to Eagle Road/SH55 to serve the Bienville Square project at approximately 1,000 feet south of the UsticklEagle Intersection. As noted previously, ITD must issue a right-inlright-out pennit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SH55 that may connect to the north boundary and may also connect to Eagle Road, if allowed by ITD at a point to be detennined by ACHD. This project will connect with Sadie Creek Avenue, a proposed public street connecting to Ustick Road through the Sadie Creek property, to meet the frontage road requirement and possibly connect to Eagle Road. In addition, the applicant will be required to connect to and provide cross access to the three new access points to Ustick Road at the following locations in the proposed Sadie Creek Promenade Subdivision applications: . Driveway #1 - 400 feet west of Eagle (right-in/right-out with center median) . Driveway #2 - 600 feet west of Eagle (full access) . Driveway #3 -1,100 feet west of Eagle (full access public street (Sadie Creek Avenue) with proposed traffic signal) Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including the Eagle Road intersection, has just been widened and improved to 5 lanes. The intersection was widened to include dual left turn lanes. Bienville Square Subdivision AZ-OS-OS7/PP-OS-OS9/CUP-OS-OS2/RZ-OS-019/PS-OS-002 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 The applicant's CUP site plan shows a connection with the new public, commercial street extending south of Us tick Road, beginning approximately ~ mile west of Eagle RoadlSH55. The prelinúnary plat (Sheet 1) shows this roadway (Sadie Creek Avenue) as a 50~foot street section, continuing as a public street in a loop design around the R-8 development with private streets providing frontage for the townhouse development. The area (Kissler Annexation site) concept plan shows the road connecting to the property south of the site with a looped design and possible connection to Eagle Road through this site. The area plan shows private, internal driveways connecting to this public street; such driveways run mostly north/south connecting Sadie Creek Avenue to Ustick Road. For a detailed report on both ITD's and ACHD's actions and comments, please see the letters/reports submitted with the application materials. 6. AGENCY COMMENTS MEETING On October 28th 2005, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit C. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The 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 o/the subject annexation. . . . . Bienville Square Subdivision AZ-OS-OS7/PP-OS-OS9/CUP-OS-OS2/RZ-OS-0 19/PS-OS-002 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03114/06 . Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designatedfor MU-R on the Comprehensive Plan Future Land Use Map. Although strictly commercial uses have not been specifically plannedjor this property on the Comprehensive Plan Future Land Use Map and through the Development Agreement from the annexation, the overall site plan when combined with the proposed Sadie Creek Promenade Subdivision meets the general classifications for mixed use regional. . 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. Ustick Road is classified as an arterial roadway. The applicant is proposing access from the adjoining commercial areas from micropaths, sidewalks and shared streets which will provide future connection to residential areas west of the site along Ustick Road. Staff believes that the commercial areas proposed compliment the existing and planned residential areas in the vicinity. . Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Ustick Road and Eagle Road). . Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACHD evaluates access points in their analysis,' no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with ACHD 's standards. Please see the ACHD staff report and Exhibit B jor the conditions from ACHD. This site does not front on an ACHD controlled arterial road although Sadie Creek Avenue provides a collector system for the internal circulation of residents. . The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road access shall be eliminated from this project ~rthe Meridian City Council does not grant a variance and/or ~f ITD does not approve an approach for this site. Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designated for a wide variety of uses. North of the site is planned for commercial uses, east of the site are proposed commercial developments also tied in with this project by development agreement, and west and south of the site are very low density uses and expected to continue these uses as per the Comprehensive Plan Future Land Use Map. The project provides a transition from the intense commercial uses along Eagle and Ustick Roads into a mix of residential densities Bienville Square Subdivision AZ-05-0S7/PP-05-0S9/CUP-OS-OS2/RZ-OS-0 1 9/PS-OS-002 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 from the C-G District to the R-8 and R-15 Districts. The applicants have included residential to residential use buffers along the south and west boundaries as well as additional open spaces along the commercial corridors by providing amenities and open spaces. . Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation colTidor (setback, vegetation, low walls, benns, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By ordinance, a minimum 25-foot wide landscape buffer is required adjacent to residential uses and 35-foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: . "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) "Eagle Road is the maj or north-south arterial in Ada County. The capacity of this arterial should be protected by lIÚnilIÚzing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, page 71) "The capacity of arterial. . .roadways can be greatly dilIÚnished by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimize access points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page 72) "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) "Restrict curb cuts and access points on. . . arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) . . . . . 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists retail store/restaurant/ drive thru/ office/ financial institute uses as permitted uses in the C-G zoning district. b. Purpose Statement of Zone: The purpose ofthe Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail and Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and 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 commercial development. c. General Off-Street Parking Standards (from UDC 11-3C-5): Bienville Square Subdivision AZ-OS-OS7/PP-OS-OS9/CUP-OS-OS2/RZ-OS-0 19/PS-OS-002 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be one (1) space for every five hundred (500) square feet of gross floor area. d. Structures Subject to Design Standards (11- 3A~ 19 .B.5): All structures on property adjacent to an entryway corridor (Ustick/Eagle Roads) are subject to the design standards listed in this section. e. Outdoor storage/refuse areas (1l-3A-12): Outdoor utility meters, HV AC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. f. Development along Federal and State Highways: Unified Development Code (UDC) ll-3H-l, Purpose. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." g. UDC 11-3HA.B, Standards: Access to State Highway 55. "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and property permitted effective September 15, 2005. 2. The nature of the use does not change (for example a residential use to a commercial use). 3. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space)." h. UDC 11-3H-4.B.2, Standards - "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. 4. No new approaches directly accessing a state highway shall be allowed. 5. Public street connections to the state highway shall only be allowed at: a. the section line road; and b. the half-mile mark between section line roads. These half-mile connecting streets shall be collector roads." i. UDC 11-3H-4.B.3, Standards - "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future co1U1ectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road." 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZIRZ/CUPIPS applications appear to substantially comply with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan, cross access, public road design, and building elevations. Below are several special considerations for the P&Z Commission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation Bienville Square Subdivision AZ-OS-OS7/PP-OS-059ICUP-OS-OS2/RZ-OS-0 19IPS-OS-002 Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 1. AZ Application (AZ-05-057) Rezone (RZ-05-019): Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, Staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on 10/24/2005 by Michael Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service when services are available from the City of Meridian. Wells may be used for non~domestic purposes such as landscape icrigation. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. UDC 11-5B-3D provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the close proximitv of existing and future residential uses. staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby properties. Staff believes that the Development Agreement should include the following provisions: Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Eagle Road intersection and then continue development to the south and east. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, that prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and eastern property boundary and along Eagle Road to the point of connection with adjoining projects. The commercial/office lots should include either a pennanent easement or be redesigned to include landscaping in common lots. Non-Residential Buildings: The applicant has requested a maximum of 54,000 square feet ofretail/restaurant/office spaces. Staff proposes to limit the applicant to their request with an allowance of up to 20% additional commercial square footage (65,000) for more marketable conditions. The maximum square footage of one single building shall not exceed Y2 of the maximum request. Residential Buildings: The applicant has shown several elevations for both alley accessed residential, townhouses, and detached single family residential products. Staff supports these elevations but would also support better clarification of the specific height, bulk, types of materials, and locations proposed for each type to address the concerns of adjoining property owners and to include within the DA. Bienville Square Subdivision AZ-OS~OS7 /PP-OS-OS9/CUP-OS~OS2/RZ-OS-0 19/PS-OS-002 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03114/06 Pathways: The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Finch Lateral. The applicant shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 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. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. PP Application (PP-05-059): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Sidewalks: The applicant is proposing to construct 5-foot wide sidewalks on some of the internal streets/drive aisles. The sidewalks may be 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 sidewalk to provide the pedestrians with cover and to make the streetscape more attractive. 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. Since the applicant has submitted a plan which is conceptual in nature staff feels the sidewalk locations shall be made consistent with the UDC including drive aisles which shall include at a minimum a 5' attached sidewalk or 4' detached sidewalk. Land Use Buffers: UDC requires landscape buffers between different land uses. Per ODC 11-3B-9, a 25-foot wide landscape buffer is required between single-family homes and C-G zoned property. The UDC 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 30-foot wide buffer between the single-family homes and the detached single family residential lots, as well as the commercial and multifamily lots on the landscape plan, but the buffer is not shown on the preliminary plat. The applicant should be required to create a 30-foot wide landscape buffer lot along the lots that abut the single-family lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. The pathway proposed shall be landscaped in accordance with UDC 11- 3B-12. See Exhibit B below. Landscape Street Buffers: Bienville Square Subdivision AZ-OS-OS7/PP-OS-OS9/CUP-OS-OS2/RZ-OS-0 19/PS-OS-002 Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 Arterials: UDC 11-2B requires a 35-foot wide street buffer along classified arterial roadways and entryway con-idors. Eagle Road is classified as an Arterial Road. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along Eagle road. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots as per UDC 11-3B. See Exhibit B below. Commercial Streets: UDC 11-2B 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 W. Bourbon Street and Cajon Court. 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 local roads on the face of the final plat. Ditches. Laterals. and Canals: There are several irrigation laterals that bisect this parcel. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is proposing to tile all of the irrigation facilities located on site with the exception of the Finch Lateral. See Exhibit B below. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). 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 coIU1ection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the [mal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. See Site Exhibit B below. Fencing: The applicant is showing a six foot cedar and block fence along the perimeter of the property which would meet the standards of the UDC. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A- 7). If pennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fencing should be installed in accordance with City Code. The applicant has submitted a revised fencing request as directed by the Planning Commission on 2/2/06. The request is for a six foot open vision fence along the Finch Lateral and a composite fence along the southern boundary. The Planning Commission approved the redesignedfencingplan along the.finch lateral and a consistent blockfence along the western property boundary with a consistent fence approved in the Sadie Creek Subdivision project. See Exhibit B below. Cross-access Internal: There are some commercial lots that do not have n-ontage on a public street. Instead the applicant is proposing to provide cross-access easements to the lots that do not have public street frontage. Because several of the proposed lots do not have n-ontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the office and commercial portions of the subdivision to use the driveways and parking aisles. The site will be redesigned if not granted access to Eagle Road by the Meridian City Council and/or lTD. The Commission has conditioned the Sadie Creek Project to provide at least one of the non-signalized access points to Ustick Road to be designed to serve as a Bienville Square Subdivision AZ-OS-OS7 ¡PP-OS-OS9/CUP-OS-OS2/RZ-OS-0 19/PS-OS-002 Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 commercial collector for interconnectivity to the north and south and vehicular movement in the north/south direction. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. Cross-access North: The applicant shall be required to provide cross access to the parcels north of the site. The project is a portion of a larger site project (Kissler Annexation) and the sites shall maintain consistent traffic flow for the entire site. Eagle Road Access: The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one- half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The access point shown at approximately 1,000 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not meet criteria of either ITD or the Meridian Comprehensive Plan. However, the this property immediately south of the site has been developed by Ada County which makes a break in the area which does not allow for a frontage/backage road to be created on the south west side of Eagle and Ustick. The applicant has an open application with ITD for the access to Eagle Road. 3. CUP Application (CUP-05-052): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Elevations: The applicant has submitted building elevations of the proposed structures. The application lists the proposed building materials, including stone, brick, stucco and timber to be accented with chrome, aluminum and gloss painted trims. UDC 11.3A-19 requires all structures on property adjacent to an entryway corridor to comply with the design standards listed in this section. Staff s interpretation of the UDC is that the applicant may choose to place the "primary entrance" on an elevation other than the public street side. However, the public street elevations (Ustick Road and the new road on west boundary) must still meet the other standards listed in 11-3A-19 (except for the primary entrance standards). The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the façade, roof line recesses, and proj ections along a minimum of twenty percent (20%) ofthe length of the facade. b) Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. c) Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color and Materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. Bienville Square Subdivision AZ-OS-OS7/PP-05-059/CUP-OS-OS2/RZ-OS-019/PS-OS-002 Page 15 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14106 2. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call-out how or if the refuse/service area on the west side ofthe buildings will be screened. UDC 11-3A.12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. The applicant's CZC application must clearly demonstrate how this standard is met. 3. Cross Access: The property to the north will be providing two points of access for interconnectivity and is directly tied with the existing Development Agreement for providing a frontage road to Eagle Road. The applicant has provided a design consistent with two points of access, one point at Sadie Creek Avenue and the second point for the drive aisle approximately 700 feet west of the UsticlJEagle intersection. There shall be cross access with a section designed to meet private street standards with the second point of access not designated as a public street. 4. Private Streets: The applicant is proposing to use Lot 1 Block 8 to provide future access N. Castille Street. The applicant has submitted a Private Street application as required by UDC 11~3F-3. The private street standards are listed in UDC 11~3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F Private Streets. See Exhibit B. The Meridian Fire and Police Departments are requesting a minimum of 24' paved sections for alleys which shall not apply to the R-15 district as this would exceed the standards set forth by ACHD and the UDC. 5. Common/Open Space: The applicant has a qualified application meeting the requirements ofUDC 11~3G. The proposal is showing 16.4% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. 6. Multi-Use Pathway: The applicant is not showing but will be required to install a multiuse pathway in accordance to the Comprehensive Plan. The pathway shall be along the Finch Lateral in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID has a 40' easement upon which the applicant is proposing to install the pathway. All NMID standard conditions shall be applied to this site and all pedestrian access easements shall be enacted. Staff will require the applicant to construct or bond for improvements to the multi-use pathway prior to occupancy of any commercial building. The pathway connection is listed as an amenity to the residents and users of the site and will be essential for pedestrian connection from Ustick Road to Eagle Road. The pathway with the associated landscape standards will also buffer the future commercial uses and the transitional residential lot sizes to the existing large lot Ada County Subdivision which surrounds the site. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of the site. 7. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11- 3G-3C~ 1 - Quality of life amenities - Picnic arealbasketball court in Lot 10 Block 2 11-3G-3C~2 - Recreation amenities - Clubhouse, in Lot 12 Block 1, tennis courts in Lot 10 Block 2 Bieuville Square Subdivision AZ-05-057/PP-OS-OS9/CUP-OS-OS2/RZ-OS-0 19/PS-05-002 Page 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 11-3G-3C-3 - Bicycle circulation amenities - Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi-use Pathway along the Finch Lateral. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Bienville Square (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Variance Application (V AR-05~022) the proposed access variance does not comply with the Unified Development Code or the Meridian Comprehensive plan. Please see the staff report for V AR-05-023 for further analysis. Listed below are various documents in the public record pertaining to this application. The relevant point within each document and an analysis of those points follows (staff's analysis in italics). For additional analysis, see the Variance Findings in the staff report for V AR-05-023 for the hearing date of March 14,2006. . Eagle Road Arterial Study - Final Report (April 2004) This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the Comprehensive Plan) was endorsed by the City Council in a January 2005 letter to Eric Shannon, ITD District Engineer, and was also endorsed by the ACHD Commission. The study includes the following recommendations: Para. 3.2.5, pg. 4: "ITD and ACHD should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed, over time, via access consolidation, provision of secondary access, etc. . ." ACHD has provided three access points to the site which lie along the broadest dimension of the site. The depth of the site would preclude any access to Eagle Road which would consolidate the accesses to the new public street (Sadie Creek Avenue) or the approved approaches to Ustick Road. These approaches all lie within 570 feet of Ustick Road which would be an acceptable length of which commercial users would expect public road access. Para. 3.2.6, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need to travel on Eagle Road. This concept should be incorporated into municipal planning and zoning policies. . ." . Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to reducing the number of trips and potential accidents on Eagle Road. Traffic Accident Data Finally, to conclude staffs analysis, we obtained 2004 accident data from the Meridian Police Department for the Eagle Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road/SH55 (Overland, Magic View, St. Luke's, Franklin, Lanark and Fairview). Bienville Square Subdivision AZ-OS-OS7/PP-OS-OS9/CUP-OS-OS2/RZ-OS-0 1 9/PS-OS-002 Page 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 Bienville Square Subdivision AZ-OS-OS7 /PP-OS-OS9/CUP-OS-OS2/RZ~OS-0 19/PS-OS-002 Page 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE/FAIRVIEW 82 FAIRVIEW/LOCUST GROVE 46 MERIDIAN/OVERLAND 44 EAGLE/FRANKLIN 41 FAIRVIEW/RECORDS 39 EAGLE/MAGIC VIEW 30 EAGLE/LANARK 28 EAGLE/ST LUKES LN 26 MAIN/FRANKLIN 23 EAGLE/OVERLAND 20 In 2004,228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a direct correlation between the number of access points/intersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every new driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of new accesses helps to ensure a safer roadway. 9b. Staff Recommendation: Based on the above analysis, staff finds the AZ//RZ/PP/CUP/PS applications substantially confonn with the adopted DA, Comprehensive Plan policies and UDC standards. As noted under "Special Considerations," we recommend the building elevations be submitted in compliance with the entryway corridor standards, the access point to Eagle Road be eliminated and redesigned, and a private street section for cross access provided to the south be added to the preliminary plat in place of the proposed Eagle Road access. We recommend approval of the AZ/RZ/PP/CUP/PS application with the conditions shown in Exhibit B. 10. EXHffiITS A. Drawings 1. REVISED Plat (by Red Cliff Development, no date - Stamped February 13, 2006) 2.Preliminary Plat (by Stanley Consultants, no date) 3. Landscape Plan (by The Land Group, dated October 13, 2005) 4. Site Plan (dated July 9,2005) B. Legal Descriptions C. Conditions 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department Bienville Square Subdivision AZ-OS-OS7/PP-OS-OS9/CUP-OS.OS2/RZ-OS-0 1 9/PS-OS.002 Page 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 6. Sanitary Services 7. ACHD D. Required Findings from UDC - 1. Annexation 2. Rezone 3. Preliminary Plat 4. Conditional Use Permit 5. Private Street Bienville Square Subdivision AZ-OS-OS7/PP-OS-OS9/CUP~OS-OS2/RZ-OS-019/PS-OS-002 Page 20 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 Exhibit AI: Amended Site Plan Dated February 13, 2006 (Red Cliff Development) I I t' UJ ~ ~ ~ 5 ~ ffi ê; ~ ~ ;~r~¿. 1:i! ~~;~i! ""," 'r~G '<',-J ., J,: .; - -1 ,. ; _Jc _d ! ~I 11;1 ~! c:¡ II ~r ~; , ¡.; ~, ... ., I : I : t N f -, Bienville Square Subdivision Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 A2 Preliminary Plat 1 (Stanley Consultants) No date -f--~ I I! E I~ II ,II :1 1 I ; : I 1 .. ~.: : :~ "~if II, nu - - ., - -_u .- " ,- -, ,-:. Bienville Square Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 'J~¡/ ,..lilt 1," :i«r .' .. ,/Í;W;" :~, . r',) ,,-,. - /1> /" ',' /' L . i ., (,- i/I ,.: ~I 'Iii }. ;î;; :t:;\..~". , :!'! .~:' ,; "/.,if }J i '\ . k¡,' / ~~~~~~~~;~~~=.: I :/ UHUHHlfliW,:iJ . !',!';!!~, !!I::I, 1'1" ,iI': HmHHrr~1m; :)i , ' '!¡ô;.' II..î r¡¡¡!! ~ J1g 'I~B~hii ÎfÎ!ìÍîï i¥'I!II' Ilta ~l~f ij!~ H ~H~~jJPi ¡¡J l!iiM!mfi i ii Û! !if! ~ ~~ '~!I~mf i '!~I' f'W!~f~~ ~ i 11!11¡~II"Ui.l ¡,~. I Ii I ¡In°t! .¡II I! l!i¡ "jrnt:~'f'! ¡It: ~¡!!J 1¡li!~~~!I!' 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IDAHO , ,."""'.. .!Ii "C~~' ,<~?, 'I"~' " . ,," I¡' =, ¡ ." ,In :_..11i t "'..m"","'" Bienville Square Subdivision Exhibit A Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 Exhibit A3: Landscape Plan L1.1(The Land Group) Dated October 13,2005 _. . ~ lif't; ,!. ,,'lie t'1 '.11'. n )1 ¡II ó llil!! ~ 11"11/ ¡./ III ¡I! 'I, II ¡.¡ z ;:¡I,' r;> '., il'¡' i~ -. r- ;-" ., I {--- --.-----. . '! ~':. .P,¡,I'li! 1¡.ld iI. " ~ : II"", r'. I~' ,¡ , ' . - , ~-. ;,,!{II!I,~ nlj. ~ ; .- -' .-.----- BIENVILLE SQUARE . II- ro"""'~'~".. 'I ¡ 1',- '-'- ,-'¡ '¡I:~ I ¡ '.:~ ,,¡! " ' ~.' (1/ , ',.""",;""", MERIDIAN, IDAHO Bienville Square Subdivision Exhibit A Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 ExhibitA4:Site Plan I" :,i ILL II I , ! I I I ! ~ I ~ ~ , ~." i ~ <;, I I'" I Hi ! t ¡:-; ~." 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"..,,'" "'--"-"""----"---"--_"-m_'~"_'_.""-'--"-"--""-"-"----"__"'m""_"__"0_-..--_"--""""---"-""......""""".._-------"-".....",,,,,,,,,,,"".."..,,"'" " "",( Bienville Square Subdivision Exhibit A Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 Exhibit B: Legal Description - Subdivision DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "0" OF RECORD OF SURVEY NO. 6418 AND OF THE NE X OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00.00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 57.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD. THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 01°14'39" W 974.96 FEET ALONG SAID RIGHT OF WAY TO A POINT; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44.05'18" W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 221.28 FEET TO A POINT; THENCE S 77"26'30" W 667.36 FEET TO A POINT; THENCE N 72°35'42" W 233.35 FEET TO A POINT; THENCE N 00.15'11" W 1129.35 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE S 71°26'10" E 803.90 FEET TO A POINT; THENCE S 83°54'00" E 510.21 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 27.36 ACRES. MORE OR LESS. SADm.PARCEL A Bienville Square Subdivision Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 N REVISIONS '0/ ~ 1/05 USTICK ROAD 32 33 .. . - - - ~ 5 14 - -- - - - - -- -- '- - - - - ,- -- - ,- - -..- ..., z 0 01 5 ã CO ::> (J) (/) -.J 0 Ir <t () UNPLA TTED m '" ; .---". ",. ---- .. ""--_n__""",.... ANNEXATION EXHIBIT FOR I 81ENVILLE SQUARE SUBDIVISION LOCATED IN THE N£ 1/4 OF SECnON 5. ì ()Wt<SHIP 3 NOf< TH. RM. 1 F,:\ <;T, P M />JM COUN ì Y. Ifj.;fW -~ "'----." DMWIt ,V¡U Bienville Square Subdivision Exhibit B Page 3 /SUlI: 'OATF; 10j2:)jO:;, -----"""-'----"-"""'- "'" J( (,' J:)~ N{¡ Lì;l '~\i1Lu- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 Exhibit B: Legal Description - Annexation DESCRIPTION FOR BIENVlllE SQUARE SUBDIVISION ANNEXATION OCTOBER 24, 2005 A PARCEL OF LAND BEING A PORTIONS OF THE NE Yo OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN. ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T- 3 N" R. 1 E, 8.M., THENCE S 00°00'00. E 955.14 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00. E 691.06 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90°00'00. W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44.05'18" W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 221.28 FEET TO A POINT; THENCE S 77°26'30. W 667.38 FEET TO A POINT; THENCE N 72°35'42" W 233.35 FEET TO A POINT; THENCE N 00.15'11" W 569.21 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 87v06'OO~ E 335.19 FEET TO A POINT: THENCE N 77°06'00. E 267.75 FEET TO A POINT; THENCE S 79"07'00" E 319.00 FEET TO A POINT; THENCE N 89°54'00. E 200,00 FEET TO A POINT; THENCE S 64°11 '00" E 79.87 FEET TO A POINT; THENCE S 83"5400" [0 14400 FEET TO THE REAL POINT OF BEGIN OF THIS DESCRIPTION, COMPRISING 18.438 ACRES, MORE OR L BlENVILLE-ANNEX CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 Exhibit B: Legal Description - C-G (General Commercial) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION CoG ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "0" OF RECORD OF SURVEY NO. 6418 AND OF THE NE X OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS; COMMENCING AT THE NORTHEAST CORNER OF SECTION 5,1. 3 N., R. 1 E., 8.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00" E 968.63 FEET ALONG SAID SECTION LINE TO A POINT: THENCE N 90°00'00. W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44°05'18" W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 213.51 FEET TO A POINT; lEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 786.75 FEET; THENCE S 83°54'00" E 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 8.73 ACRES, MORE OR LESS. BIENVlLLE-COMMERCIAL CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 Exhibit B: Legal Description - R-15 (Medium High Density Residential) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION R15Z0NE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "0" OF RECORD OF SURVEY NO. 6418 AND OF THE NE Y. OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E, B.M., THENCE S 00"00'00. E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00' W 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°37'20" W 786.75 FEET; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 72°24'04" W 7.77 FEET TO A POINT; THENCE S 77°26'30" W 594.16 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 132.52 FEET TO A POINT: THENCE S 89°22'40' E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF SO.OO FEET, A DELTA ANGLE OF 99°49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40°42'43" E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09°11'53" W 171.74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT. SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20°28'023". A TANGENT OF 103.81 FEET AND A CHORD BEARING N 01°02'08" E 204.31 FEET TO A POINT OF TANGENCY; THENCE N 11016'08" E 5321 FEET TO A POINT OF CURVATURE; BlENVILLE- R -15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21"17'37", A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00"37'20" E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10"01'28'W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79"21'123", A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49"42'04" W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89"22'40" W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13"38'38", A TANGENT OF 11.96 FEET AND A CHORD BEARING N 82"33'21" W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75"44'02" W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DElTA ANGLE OF 03"27'42", A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15"59'49" W 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17.48'08", A TANGENT OF 46.98 FEET AND A CHORD BEARING N 08.49'36" E 92.84 FEET TO A POINT ON A CURVE; THENCE S 71.28'10" E 609.64 FEET TO A POINT; THENCE S 83"54'00' E 133.56 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.03 ACRES, MORE OR LESS. BIENVILLE-R-15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 Exhibit B: Legal Description - R-8 (Medium Density Residential) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION R8 ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "0" OF RECORD OF SURVEY NO. 6418 AND OF THE NE z:¡ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 567.57 FEET TO A POINT; THENCE N 71°28'1 O'W 609.64 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 71°28'10" W 194.26 FEET TO A POINT ON THE BOUNDARY OF CAROL'S SUBDIVISION; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE S 00°15'11" E 1129.35 FEET TO A POINT; THENCE S 72°35'42" E 233.35 FEET TO A POINT; THENCE N 77°26'30" E 73.22 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 132.52 FEET TO A POINT; THENCE S 89°22'40" E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99°49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40°42'43" E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09°11 '53" W 171.74 FEET TO A POINT OF CURVATURE; THENCE 20540 FEET ALONG A CURVE TO THEõ RIGHT, SAID CURVE HAVING A RADIUS OF 57500 FEET, A DELTA ANGLE OF 20°28'023", A BIENVILLE-R-8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 TANGENT OF 103.81 FEET AND A CHORD BEARING N 01°02'08" E 204.31 FEET TO A POINT OF TANGENCY; THENCE N 11°16'08" E 53.21 FEET TO A POINT OF CURVATURE; THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21°17'37", A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00'37'20" E 230_94 FEET TO A POINT OF TANGENCY; THENCE N 10"01'28'W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79°21'123", A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49°42'04" W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89°22'40" W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13°38'38", A TANGENT OF 11.96 FEET AND A CHORD BEARING N 82"33'21" W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75°44'02" W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°27'42", A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15°59'49" E 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE lEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17°48'08", A TANGENT OF 46.98 FEET AND A CHORD BEARING N 08°49'36" E 92.84 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.11 ACRES, MORE OR LESS. BIENVILLE-R-8 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 1.1.10 1.1.11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 C. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS- (Bienville Square) 1.1.1 The preliminary plat labeled as 1 prepared by Stanley Consultants, with no date, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-05-057) and Conditional Use Permit (CUP-05-052) applications shall also be considered conditions of the Preliminary Plat. Create an open space lot for the proposed 30-foot wide landscape buffer along the south and west boundaries. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. A multi-use pathway shall be located as depicted on the master site plan submitted February 13, 2006 and dated February 8, 2006, the construction of the pathway shall comply with UDC 11-3A-8 Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Eagle Road. Depict on the face of the final plat a 10-foot wide landscape buffer along both sides of W. Burbon Street and N. Cajon Court. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. The landscape plan prepared by The Land Group, labeled Sheets LS 1.1, is not approved with these applications a landscape plan consistent with UDC 11-3B shall be submitted with the final plat which reflects any changes made to the preliminary plat to redesign the subdivision consistent with approved access points. lfleludiag but Hot liH1:ited tEl fulllaFldseaping aloBg Eagle Road whiel:1 eurreatly is listed as a rig-lit ia/right out aeeess. A detailed fencing plan shall be submitted consistent with the master site plan dated February 8, 2006 and stamped received on February 13, 2006 for fencing along the Finch Lateral. All other fencing shall remain consistent with the landscape plan dated October 13, 2006. Prior to issuance of any certificate of occupancy the perimeter landscaping and fencing shall be installed or a surety agreement shall be in place. Construction or bonding for the multi-use pathway shall also be completed prior to issuance of any certificate of occupancy for Bienville Square Subdivision. With the final plat application, submitted revised copies of the landscape plan with the changes listed above. Maintenance of all common areas shall be the responsibility of the Bienville Square Subdivision Business/Home Owners Association(s). Any roof-mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. The applicant shall comply with the outdoor lighting standards shown in ODC 11-3A-ll. The awnings on the east elevations shall extend at least 20 feet beyond the entry doors, measured from the building face to the outer edge of the awning for the retaii buildings. The applicant shall submit a drawing at the time of CZC application submission to demonstrate compliance with this condition. 1.1.12 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 1.1.13 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces are prohibited in said buffers. 1.1.14 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.15 1.1.16 1.1.17 1.1.18 1.1.19 Provide cross access/cross parking agreement(s) for all lots in Bienville Square Subdivision. All cross access drive aisles shall only approach the ACHD approved points of 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 [mal plat, AND/OR in a document such as CCR's. Other than the points of access approved by ACHD, City of Meridian, and ITD, direct lot access to Eagle Road, is prohibited. A note shall be placed on the final plat restricting access to Eagle Road. The planning commission supports the access point to Eagle Road as shown on the site plan stamped Febrnary 13,2006. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 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. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.1.20 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.21 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. 1.1.22 1.1.23 1.1.24 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 ODC 11- 3A-18 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 pemritted under ODC Il-3A-I8. If the stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards of ODC 11-3A-18, 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. 2.5 2.6 2.7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 1.1.25 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled, 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 signature. 1.1.26 Staffs failure to cite specific ordinance provisions or tenus of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.1.27 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC Il.6A. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned in Sadie Creek Subdivision. Currently there is no sewer adjacent to this site and the City of Meridian does not guarantee service in the timelines outlined in the UDc. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard fonns of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in confonnance of City of Meridian Public Works Departments Standard Specifications. Water service to this site is being proposed via extension of mains in Sadie Creek Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant shall be required to connect to the existing main in N. Eagle Road with a 10-inch mam. 2.2 2.3 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard fonns. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHffiIT A) and an 81/2" x 11" map with bearings and distances (marked EXHffiIT 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. The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre-construction meeting. 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 utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 2.8 2.9 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 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 per UDC 11-3A~6. Plans shall be approved by the appropriate inigationldrainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. The applicant has not indicated how the stonn drainage from the proposed private streets will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas and private roads. 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 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. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized inigation, sanitary sewer, water, etc., prior to signature on the final plat. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 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 Pennitting that may be required by the Anny Corps of Engineers. Developer shall coordinate mailbox locations with the Meridian Post Office. 2.10 2.11 All grading of the site shall be perfonned in confonnance with MCC 11-12-3H. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom 3.5 3.6 3.7 3.8 3.9 3.10 CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 2.23 elevation of the crawl spaces of homes is at least I-foot above. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Department prior to commencing installations. 3. Meridian Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Y:z" 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. e. Fire Hydrants shall be placed on comers when spacing pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements ofthe!FC Section 509.5. 3.3 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section Dl03.6 Signs. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. Operational tìre hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. The new connnerciallot will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 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. This cost of this installation is to be borne by the developer. Maintain a separation of 5' from the building to the trash dumpster enclosure. 4. 4.1 4.2 4.3 4.4 4.5 5. 5.1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 3.11 Provide a Knoxbox entry system for the complex prior to occupancy. 3.12 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection( s). 3.13 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly (898-5500) to address this concern prior to the public hearing. 3.14 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.15 There shall be a fITe hydrant within 100' of all fITe department cOImections. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fITe apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). Police Department The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Sadie Creek Avenue. The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. The proposed after-hours walk-up facility (e.g. ATM) has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. The loading areas shall be separated from all public parking areas. Parks Department Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance l1-3B will be followed. 7.5 7.6 7.7 7.8 CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box with a steel grate frame set in concrete. Prior to CZC approval, contact Meridian Parks and Recreation Department for specifications and tree box construction drawings. Sanitary Service Company Please contact Bill Gregory at SSC (888-3999) for detaiIed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 5.3 6. 6.1 7. ACHD Site Specific Conditions of Approval 7.1 Extend Sadie Creek Avenue into the site :fÌom the north property line. Transition the roadway from a 40-foot commercial street section to a 36-foot wide street within 50-feet of right~of-way, with curb, gutter and 5~foot wide concrete sidewalk. 7.2 Sadie Creek Avenue north of this site to Ustick Road will need to be constructed and dedicated prior to, or in conjunction with [mal plat approval for this site. 7.3 All local streets in the subdivision should be constructed as 36~foot street sections within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalk. 7.4 The proposed alley may be constructed as a public alley if it is paved 16- feet wide within 20- feet of right-of~way. OR The proposed alley may be constructed as a private drive/street, if it is signed accordingly. Bourbon Street shall tenninate in a culdesac and shall not extend to SH-55. Public road access to SH-55 is prohibited. Provide a letter from ITD stating required improvements and access decisions. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.9 7.10 7.11 7.12 Any existing iITigation facilities shall be relocated outside ofthe right-of-way. Private sewer or water systems are prohibited ITom being located within any ACHD roadway or right-of-way. All utility relocation costs associated with improving street :fÌontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.15 7.16 7.17 7.18 7.19 7.20 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 7.13 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 munbers) for details. 7.14 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised pians for 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 confonuance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District hnpact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387~6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the tenus and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinuation 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. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14106 Exhibit D. Required Findings from Zoning Ordinance UDC 11-5B-3E. AnnexationlRezone Findings: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in tenus of the foIlowing standards and shall [md adequate evidence answering the following questions about the proposed zoning amendment: A. The map amendment complies with the applicable provisions of the comprehensive plan; In Chapter VII of the Comprehensive Plan, 'Mixed Use Regional' is defined as areas including commercial and residential development consistent with auto and service oriented uses. The Council finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Regional". The purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and pennanent motoring public." The Council [lids 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. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement;; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP-O5-059/ CUP-O5- 052). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. The Council finds that the various proposed commercial uses would be allowed (pennitted) within the requested C-G zone. The site is being proposed as three portions of commercial, high density residential and medium low density residential and upon build out staff would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health. safety, and welfare; The applicant has submitted elevations for the proposed commercial and residential units and has agreed to use the design guidelines for commercial projects along gateway corridors when designing building facades. Staff finds that the proposed C-G zone with the proposed retail, office and restaurant uses, if designed, constructed and operated in accordance with adopted city ordinances, should be hannonious and appropriate in appearance with the intended character of the vicinity. The site is intended for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as government offices. The Council [lids that the R-15 zoning designation along a C-G General Commercial will be an appropriate use buffer. Furthennore the R-8 proposed zoning designation along the western boundary of the site further transitions these uses ftom the low density residential uses west of the site. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNG DATE OF 03/J4/06 The Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally hannonious with the intended character envisioned by the Comprehensive Plan. The Council does not find that the proposed zoning/uses will adversely change the essential character of area. The Commission and Council rely on public testimony (oral and written) to detennine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. The 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, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit C and all City Code provisions. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Pennanent sanitary sewer service to this development is to be provided by the extension of sewer in Ustick Road and extended south through Sadie Creek Avenue to be looped with extensions in Eagle Road. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Staff finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD had not submitted a staff report with site specific and standard conditions which will be attached as Exhibit C prior to the hearing date of November 17, 2005. On December 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, the Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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. The Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). If the applicant enters into a Development Agreement (DA) with the City. the Council finds that the annexation and zoninl! of this property to C-G. R-15 and R-8 would be in CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 the best interest of the City. 2. Preliminary Plat Findings: UDC 11-6B-6 In detennining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's 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. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and The Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to detennine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Furthennore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural features of the Finch Lateral as well as providing an additional use buffer. 3. Conditional Use Findings UDC 11-5B-6E The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in tenus of the following, and may approve a conditional use pennit if they shall [md evidence presented at the hearing(s) is adequate to establish: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 The Council finds that the site is 27.3 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDc. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council fmds that the proposed residentiallretail/restaurant/office uses meets the objectives of the Comprehensive Plan as listed in Section 7 of this report. Some of the standards of the UDC are not cUITently being shown by the applicant's site plan and building elevations. Specifically, the site plan needs to reflect the elimination of access to Eagle Road and building elevations need to be submitted in compliance with the entryway conidor design standards. If the applicant makes these changes, or an access variance is granted, this finding will be met. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council fmds that the proposed retail uses complies with the uses permitted in the C-G zone and those uses allowed under the Development Agreement. The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The property adjacent to the west boundary to approximately 320 feet south of Us tick Road is zoned R-2 and is proposed as low density residential uses. The applicant will be required to construct the proposed buffer between land uses to address this less intensive use where commercial lots abut. The multifamily proposal is an appropriate transition ITom the Commercial uses to the lower density residential uses which surround the site. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that the proposed development will not adversely affect other property in the vicinity ifthe applicant complies with all CUP/PP/AZ IRZ conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will significantly increase. However, both ACHD and ITD have reviewed the application and placed special conditions on the applicant. These standards may include lighting, screening, landscaping and other areas intended to mitigate potentially hannful effects. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. A recently completed public-private partnership to improve Ustick Road to five lanes and ACHD includes planning to install a traffic signal at the west boundary of the site shown at Sadie Creek Avenue. The commercial land use should not have any impact on the school system. Please refer to other comments prepared by the Meridian Fire Department. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The additional commercial structures will improve the tax base for the City of Meridian. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Councii recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare ofthe public. The Council fmds the future buffer between land uses along the property boundary and the use and Eagle Road buffers will help to mitigate noise, fumes and glare created by the additional traffic. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The applicant will be required to comply with all state and local ordinances regarding conveyance of water and maintaining historic points of access. The Ada County Historic Preservation Council's Site fuventory does not show any structures or places listed for the subject property. The Council is unaware of any other scenic or historic features. 4. Private Street - UDC 11-3F-5 A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11 ~ 3F -4, no gates are allowed or proposed. Roadway and stonn drainage shall be contained on site. The street width shall be a minimum of 26 feet of paved surface for all private streets other than alleys. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and The Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 03/14/06 The Council does not anticipate any conflict with the comprehensive plan. See findings above for comprehensive analysis.