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HomeMy WebLinkAboutHightower Subdivision AZ-06-003 PP-06-009 CUP-06-004 VAR-06-004 . .... ., CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED JUN 0 1 2006 -~: cU'oridi'fn"f; \ I, . ILtMIO i I~ ~. 'ilil;, _ ~, ;b" -, \' J-lo' Y ~..... ~1~~:~..<:!'l.~ ~'~m; In the Matter of Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R- 15 (8.04 acres) and C-C (3.68 acres), AND Preliminary Plat for 109 single family residential lots, 3 commercial lots, 23 common lots, and 2 private street lots on 22.94 acres, AND Conditional Use Permit for a mixed use development within 300-feet of a residence, AND a Variance to UDC 11-3H-4.2B for allowance of an access point to Chinden Road (US 20/26), for Hightower Subdivision, by Hightower, LLC. Case No(s): AZ-06-003, PP-06-009, CUP-06-004, V AR-06-004 For the City Council Hearing Date of: May 9, 2006 Approved on May 16. 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 9,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 9,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 9,2006 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. S67-6503). 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 of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-5A. CITY OF MERIDIAN FINDINGS OF fACT, CONCLUSlONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-003, PP-06-009, CUP-06-004, V AR-06-004 - PAGE 1 of 5 4. Due consideration has been given to the comment(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 May 9, 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 S 1I-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated January 12, 2006 (Revised 3-22-06) is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated March 9,2006 is herby conditionally approved; 3. The applicant's request for a variance to UDC 11-3H-4.2B for allowance of an access point to Chinden Road (US 20/26) is hereby granted; 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 9, 2006 incorporated by reference, with the following modifications: · That as part of the Development Agreement for this property. the applicant consents to the vacation of Jericho Road. and that the owner agrees to submit an application for Vacation or Exchange of Right-of-wav for Jericho Road to the City of Meridian and to the ACHD prior to or concurrent with submittal of a final plat application. · That all lots will meet the minimum frontage reauirement of the zone. · That two townhouse lots shall be removed from the development. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-003, PP-06-009, CUP-06-004, Y AR-06-004 - PAGE 2 of 5 Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension ofthe time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years ofthe 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 approva1. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as 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 II. 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. E. Notice of Final Action and Right to Regulatory Takings Analysis 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-003, PP-06-009, CUP-06-004, Y AR-06-004 - PAGE 3 of 5 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 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 May 9, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-003, PP-06-009, CUP-06-004, Y AR-06-004 - PAGE 4 of 5 By action of the City Council at its regular meeting held on the Itt,~ ' 2006. 'V COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY deWEERD Copy served upon: 6 ~"- --- day of VOTED~a- VOTED-P VOTED~"- VOTED l1i~~ VOTED -- Dated: lI..q ..OLD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-003, PP-06-009, CUP-06-004, Y AR-06-004 - PAGE 5 of 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9,2006 STAFF REPORT City Council Hearing Hearing Date: May 9,2006 Mayor and City Council Josh Wilson, Associate City Planner Hightower Subdivision · AZ-06-003- Annexation and Zoning of24.03 acres from RUT to R-8 (12.31 acres), R-IS (8.04 acres) and C-C (3.68 acres) · PP-06-003. Preliminary plat for 109 single family residential lots, 3 commercial lots, 23 common lots, and 2 private street lots on 22.94 acres cMeridi~~. ~ I Ll.\H() 1/ f "[}, ~/ ",.,:t~.lt... t,~~_y.~~> r.'(i;~; TO: FROM: SUBJECT: · CUP-06-004- Conditional Use Permit for mixed use development within 300- feet of a residence · VAR-06-004-Variance to UDC 11-3H-4.2B for allowance of an access point to Chinden Road (SH 20/26) · PS-06-006- 2 Private Streets in the proposed R-IS zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hightower, LLC, has applied for Annexation and Zoning (AZ) of24.03 acres from RUT to R-8 (12 .31 acres), R-IS (8.04 acres) and C-C (3 .68 acres), Preliminary Plat approval of 109 residential lots, 23 common lots, and 2 private street lots on 22.94 acres, and Conditional Use Permit approval of a mixed use development for Hightower Subdivision. The site is located on the southwest comer of Jericho Road and Chinden Road (US 20/26). The applicant has also submitted a Variance application that will be before the City Council concurrent with the subject applications. The Variance request proposes one new approach to Chinden Road (US 20/26), for a full access roadway named N. Saguaro Hills Way. The Idaho Transportation Department (ITD) has provided a letter dated February 13,2006 which expresses support of the proposed access to Chinden Road and states that the proposed location conforms to the Access Management Plan agreed upon with the City of Meridian. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on April 6, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Phil Hull, The Land Group 11. In opposition: Tom Buuck lll. Commenting: None. iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Limitation on building height for entire development requested by the adjacent property owner, Tom Buuck. ii. Concessions made by the applicant to the adjacent property owner, Tom Buuck. lll. Configuration of the townhouse lots at the south terminus ofN. Torre Way. c. Key Commission Changes to Staff Recommendation: i. Add a restriction to the Development Agreement which states: "The applicant shall place five gallon arborvitae at four feet on center along the shared property line of the adjacent property to the west owned by Tom Buuck." Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004N AR-06-004/PS-06-006 Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 ii. Add a restriction to the Development Agreement which states: "The homes on Lots 2, 3, 4, and 5 of Block 10 shall be limited to 25 feet in height." iii. Add a Condition which states: "The applicant shall continue to work with the Idaho Transportation Department on the possibility of acceleration-deceleration lanes on Chinden Road as referenced in the letter from ITD dated March 30, 2006." lV. Add a Condition which states: "The applicant shall add a note to the face of the plat that references the Right to Farm Act." v. Add a Condition which states: "The applicant shall work with Planning Department staff on the layout and access of Lots 5-14, Block 6 in order to comply with UDC ll-6C-3D regarding common drives. The revisions shall be submitted to the Planning Department no later than 10 days prior to the City Council hearing on the applications." d. Outstanding Issue(s) for City Council: i. Variance application for access to Chinden Road (US 20/26). ii. Configuration of Lots 5-14, Block 6 and common drive access to said lots. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-003, PP-06-003, CUP-06-004, and V AR-06.004 as presented in the staff report for the hearing date of May 9,2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ.06- 003, PP-06-003, CUP-06-004, and V AR-06-004 as presented in the staff report for the hearing date of May 9,2006, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-003, PP-06-003, CUP-06-004, and V AR~06-006 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 Jericho Road and Chinden Road (SH 20/26) Township 4N, Range IE, Section 30 b. Owners: Louise White 6201 N. Jericho Road Meridian, ill 83642 c. Applicant: Hightower, LLC 8312 W. Northview, Suite 120 Boise, ID 83704 d. Representative: Phil Hull, The Land Group Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004N AR-06-004/PS-06-006 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 e. Present Zoning: RUT -Ada County f. Present Comprehensive Plan Designation: Neighborhood Center (Mixed Use-Community) g. Description of Applicant's Request: 1. See Exhibit Al (prepared by The Land Group) 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. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as detennined by City Ordinance. By reason ofthe 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. b. The subject applications will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions ofthe 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: April 17 and May I, 2006 Radius notices mailed to properties within 300 feet on: April 14, 2006 Applicant posted notice on site by: May I, 2006 c. d. e. f. 5. LAND USE a. Existing Land Use(s): Bare land, single family residence. b. Description of Character of Surrounding Area: c. Adjacent Land Use and Zoning 1. North: Castlebury Subdivision, Rl (Ada County). 2. West: Vacant land, zoned RUT (Ada County). 3. South: Saguaro Canyon Subdivision, zoned R-4 and Arcadia Subdivision, zoned R-8. 4. East: Westborough Subdivision, zoned R-4, R-8, R-15, and L-O. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently a sewer stub from Saguaro Canyon to the south. Location of water: There are water stubs to the south from Saguaro Canyon and to the east in Jericho Road. Issues or concerns: Conceptual sewer plans show sewer mains with less than the allowed three feet of cover. Proposed five-foot setback off of the private streets does not leave room for the Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004N AR-06-004/PS-06-006 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 common trench utilities. 2. Vegetation: AgriculturaVIrrigated 3. Flood plain: N/A 4. CanalslDitches Irrigation: No major facilities 5. Hazards: None identified 6. Size of Property: 24.03 acres f Subdivision Plat Information The submitted plat includes an R-8 proposed zone with 66 single-family residential lots, of which 28 units are alley accessed homes located in Block 9 and are approximately 4,700-5,000 square feet in area. These lots are designed to meet the minimum standards of the R-8 district. The lots on the perimeter of the R.8 are larger, with sizes ranging from 5,000-6,000 square feet. The submitted plat also includes 43 lots in an R-15 proposed zone. These R-15 products are townhouse designs and each building would be contained on a lot. These lots are accessed from proposed roadways with reduced 29-foot street sections and on-street parking will be limited to one side of the roadway. The submitted plat also contains three buildable lots in a C-C proposed zone with commercial uses. Commercial uses are shown to be two approximate 5,000 square-foot buildings and one approximate 3,750 square-foot buildings. The applicant has not specified specific uses for these pad sites, however they have requested drive through approval for Lot 2, Block 3. g. Landscaping 1. Width of street buffer(s): per the Future Land Use Map, Chinden Road is designated as an "Entryway Corridor." As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to the roadway. The landscape plan (Sheet L1.l) proposes a 35.foot wide buffer along Chinden Road. The applicant has also proposed a 25-foot landscape buffer along Jericho Road, which is not required by the ODC. Staff is in support of the landscape buffers as proposed. 2. Width of buffer(s) between land uses: Table ll-2B-3 requires a 25-foot wide buffer between commercial uses on C.C-zoned land and residential uses. Lots adjacent to the Commercial lots shown on the plat/site plan shall include a 25-foot permanent 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 3.52 acres or 18.3 percent and applied as an additional amenity. 4. Other landscaping standards: The landscape buffer along Chinden Road should be constructed in accordance with UDC Chapter 3, Article B. h. Conditional Use Information: 1. Non.residential square footage: 13,750 square feet shown 2. Proposed building height: 50 feet, or C-C standards 3. Percentage of site devoted to building coverage: Not dermed Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004N AR-06-004/PS-06-006 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 4. Percentage of site devoted to landscaping: 3.52 acres, 18.3% 5. Percentage of site devoted to paving: Not defined 6. Percentage of site devoted to other uses: NI A 7. Number of Residential units: NIA 1. Amenities - The applicant is pro,,:iding a neighborhood park, open play area, gazebo, and children's play structure. . j. Required Residential Standards - Note: The proposal was not accepted by the Planning Department as a Planned Development and the R-8 and R-15 bulk standards apply as found in UDC 11-2A. . R-8 (Standards) Setbacks (*all streets local) Street to Living Area i Street to Garage Side Rear Frontage-alley loaded I Frontage-garage fronteq Lot Size-alley loaded Lot Size-garage fronted i i Maximum building hei~t R-15 (Standards) Setbacks (*all streets 10c~1) Street to Living Area Street to Garage I i Maximum building height i k. Proposed and Required Non-Residential Parking - One off-street parking space required for every 500 square feet of gross floor area. The proposed total building floor area is 13,000 s.f., which requires 28 parking spaces. The submitted site plan depicts 55 spaces and appears to meet the minimum standards of the UDC parking requirements. I 1. Swnmary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one rtew access point to Chinden Road (SH 20/26) to serve the Hightower project at approximately 2,000 feet west of the Chinden Road/ Locust Grove Road intersection. Side Rear Frontage Lot Size Proposed Required 15 15 20 20 4 4 12 12 varies 40 varies 50 4,630-5,098 4,000 5,000-6,000 5,000 35 35 Proposed Required 10 20 4 12 10 20 4 12 o 2,400 40 varies 3,192-5,500 40 i Hightower Subdivision i AZ-06-003/PP.06-003/CUP-06-004N AR-06-004/PS-06-006 Page 5 CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATB OF MAY 9, 2006 As noted previously, ITD must issue an access pennit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. ITD, ACHD, and City of Meridian staffs are supportive of the location of the proposed access to Chinden Road and the location is consistent with ITO's Access Management Plan (see February 13, 2006 letter from Sue Sullivan, ITO). A connection to Chinden at the half mile as required by UDC 11 ~3H is not practical due to patterns of development and the proposed location is aligned with the Castlebury entrance across Chinden Road to the north. For a detailed report on both ITO's and ACHD's actions and comments, please see the letters/reports submitted with the application materials. 6. AGENCY COMMENTS MEETING On February 10th 2006, 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 reconunended actions as Conditions of Approval in Exhibit c. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is located in a Mixed UseINeighborhood Center designation on the Comprehensive Plan Future Land Use Map. The Future Land Use Map designates this property as 'Mixed Use - Community' with a Neighborhood Center. The purpose of this designation is "to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII-3. The purpose of these centers is to create a centralized, pedestrian-oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park.and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation." (See Chapter VII, pg. 95.) 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): Mixed Use Area Comp Plan Policies (taken from Chaoter vm . "All development proposed in these areas will require approval as planned developments under the Conditional Use Pennit application process. In these locations, the developer has the option to develop either a neighborhood center in conformance with the City's neighborhood center design ordinance, or develop a conventional mixed use project." A CUP application accompanies the annexation and zoning request, which fulfills the first part of this policy. To date, the City has not adopted a neighborhood center design ordinance. This application is being processed as a "conventional mixed use project. " (See next bullet.) . "If developing a conventional mixed use project, four specific design elements must be incorporated into the development: a) street connectivity, b) open space, c) pathways, and d) density, not below eight (8) dwelling units per acre." a) Street Connectivitv: The development proposes to connect the development with Chinden Road with a single public street, N Saguaro Hills Way. There are several other public streets and alleys that are all interconnected to each other and a4Jacent parcels, and staff is supportive of the street connectivity proposed. Hightower Subdivision AZ-06-003/PP-06-003/CUP.06-004N AR-06-004/PS-06-006 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 b) Oven Svace: The applicant is proposing to construct a neighborhood park and set aside approximately 18 percent of the site for open space. The Comprehensive Plan is not more explicit with regard to open space, other than it must be provided somewhere within neighborhood centers. c) Pathwavs: d) Densitv: The overall density of this project is 5.50 dwelling units per acre (gross). The residential portion of the project that is within the mixed use area is below the 8 dwelling units per acre target density. Although the density is below the target, most of the proposed lots are between 4,400 and 6,000 square-feet. · "The following standards will serve as guidelines for development of the neighborhood center areas: a. Most blocks are 300' maximum, similar to Old Town. b. Larger blocks along arterial streets and for traffic calming. c. Neighborhood Center Commercial area is located at the Y2 mile, not at arterial intersections. d. Schools are located mid-section, with frontage along a collector street. e. Interconnected circulation that is convenient for automobiles, pedestrians, and transit. f. Variety of housing choices. g. Housing is arranged in a radiating pattern of lessening densities. h. Transition between different housing types or densities at alleys. 1. Residents can access neighborhood commercial services without being forced onto arterial streets. J. Facilitates more efficient transportation along arterials. k Grid street pattern within the neighborhood allows traffic to disperse, eases congestion, slows traffic, and is safer for residents. 1. Connects to and integrates with the larger street and pathway system. m. Reduced right-of-way widths are encouraged. n. Open space must be provided. o. Unless a Specific Area Plan has been adopted, Neighborhood Centers must be developed under a Planned Development/CUP application." Staff finds that the proposed development generally complies with the design standards of a neighborhood center. (See Chapter VII, pgs. 97-98, for the above-mentioned mixed-use policies.) · "Require that development projects have planned for the provision of all public services" (Chapter VII, Goal III, Objective A, Action items I and 4) On February 1 ri", 2006, a joint agency and department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies of public services to serve this property were raised. · "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The applicant is only proposing one access point to Chinden Road, an arterial roadway. The location of the proposed N. Saguaro Hills Way intersection of Chin den Road is supported by Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004N AR-06.004/PS-06-006 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 staff, however, it is contingent on City Council's approval of the associated Variance" application. · "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The applicant is proposing to construct a 35-foot wide landscape berm along Chinden Road. Staff is supportive of this width, as long as the entire buffer lies outside the ultimate right-of- way. Staff finds that the vro;ect generallv conforms to the purpose statements and intent of the Comprehensive Plan. Staff also finds that the vrovosed uses will be harmonious with and in accordance with the Comprehensive Plan. 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists retail storeJrestaurant/ drive tluul office/ financial institute uses as permitted uses in the C-C zoning district. b. Purpose Statement of Zone: The purpose of the 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 permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. c. Allowed Uses in the Residential Districts: UDC Table 11-2A-2lists single family detached homes and townhouses as pennitted uses in the R-8 and R-15 zones d. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. COlUlection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. e. General Off-Street Parking Standards (from UDC 11-3C-5): 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 llfOSS floor area. f. Structures Subject to Design Standards (11-3A-19.B.5): All structures on property adjacent to an entryway corridor (Chinden Road) are subject to the design standards listed in this section. g. Outdoor storage/refuse areas (11-3A-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. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004N AR-06-004/PS-06-006 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ/CUP application appears 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: 1. AZ Application (AZ-06-003): 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 12/9/2005 by Timothy Fox, 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 irrigation. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 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. Staff believes that a Development AlZTeement is necessary to ensure that this propertv is developed in a fashion that is consistent with the comprehensive plan designation and does not nee:ativelv impact nearbv properties. Staff believes that the Development Agreement should include the following provisions: Non-Residential Buildine:s: The applicant has requested a maximum of 13,750 square feet of commercial spaces. Staff proposes to limit the applicant to their request with an allowance of up to 20% additional commercial square footage (16,500) for more marketable conditions. The maximum square footage of one single building shall not exceed Yz of the maximum buildings. The applicant has submitted sample elevations and a materials list for the commercial products. Staff supports these elevations and materials and recommends that a stipulation requiring substantial compliance with these elevations/materials upon development of the property be included within the DA. Residential Buildine:s: The applicant has submitted several elevations for both private street accessed townhouses and detached single family residential products, as well as a materials list. Staff supports these elevations and materials and recommends that a stipulation requiring substantial compliance with these elevations/materials upon development of the property be included within the DA. 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 Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004N AR-06-004/PS-06-006 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 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-06-003): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11- 3B-9, a 25-foot wide landscape buffer is required between single-family homes and C-C 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 20-foot wide buffer between the commercial area and the proposed townhomes. The applicant should be required to create a 25-foot wide landscape buffer easement along the lots that abut the townhouse lots. Said buffer shall contain materials in accordance with UDC Il-3B-9 and not include impervious surfaces such as parking areas or driveways. Landscape Street Buffers: UDC 11-2B requires a 35-foot wide street buffer along entryway corridors. Chinden Road is classified as an Entryway Corridor. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along Chinden Road and the buffer has been placed in a common lot. The applicant has also proposed a 25-foot landscape buffer along Jericho Road, which is not required by the UDC. Staff is in support of the landscape buffers as proposed. Private Streets: The applicant is proposing two private streets to serve the alley loaded homes in Block 9. The applicant has submitted a Private Street application as required by UDC 11- 3F-3. The private street standards are listed in UDC ll-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 and the Findings in Exhibit D. Turnaround on Menara Avenue: Per comments from the Meridian Fire Department, the applicant shall revise the plat to show a temporary fire apparatus turnarormd easement at the tenninus of Menara Avenue. Contact the Meridian Fire Department (Joe Silva at 888-1234) to coordinate proper sizing and location of the turnaround. On-street Parking: Per ACHD and Meridian Fire Department comments, parking shall be restricted on Menara Avenue, Torre Way, and Torre Place to one side of the roadway due tho the reduced 29-foot street section. Coordinate with ACHD and the Meridian Fire Department (Joe Silva at 888-1234) for proper signage of the parking restriction. Direct Lot access to Chinden Road and Jericho Road: Direct lot access to Chinden Road and Jericho Road shall be prohibited and shall be noted on the face ofthe plat. Common Drives: Lots 5, 6, 7, 8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and 16, Block 4 shall take access from common drives. Staff has concerns about the confiQUfation of these lots and the applicant should be pre,pared to address at the public hearing. bv means of a graohic illustration. that the drivewavs and parking pads will be Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004N AR-06-004/PS-06-006 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 desi!med and built in a fashion that allows reasonable vehicular movement to and from the townhomes. Cross Access: Because one of the proposed commercials lots does not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the commercial portions of the subdivision to use the driveways and parking aisles. Chinden Road Access: The applicant is proposing one new access point to Chinden Road (SH 20/26) to serve the Hightower project at approximately 2,000 feet west of the Chinden Road! Locust Grove Road intersection. As noted previously, ITD must issue an access permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. ITD, ACHD, and City of Meridian staffs are supportive of the location of the proposed access to Chinden Road and the location is consistent with ITD's Access Management Plan (see February 13, 2006 letter from Sue Sullivan, ITD). A connection to Chinden at the half mile as required by UDC 11-3H is not practical due to patterns of development and the proposed location is aligned with the Castlebury Subdivision entrance across Chinden Road to the north. Commercial Streets: UDC 11-2B requires a 10-foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct a lO-foot wide street buffer along the north side of W. Hightower Drive. However, the street buffer easements are not labeled on the plat. The applicant should be required to depict the required I 0- foot wide street buffer easements along local roads on the face of the final plat. Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 18.3% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: a neighborhood park, open play area, gazebo, and children's play structure. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Hightower Home Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Ditches. Laterals. and Canals: 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. 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 connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal 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 has not submitted a detailed fencing plan with the applications. A detailed fencing plan should be submitted upon application of the final plat (ODC 11-3A-7). 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. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004N AR-06-004/PS-06-006 Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 3. CUP Application (CUP-05-052): The proposed Conditional Use request substantially complies with the Zoning Ordinance. Refuse/Service Area Screen: 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. Parkin!!: One off-street parking space required for every 500 square feet of gross floor area. The proposed total building floor area is 13,750 square feet, which requires 28 parking spaces. The submitted site plan depicts 55 spaces and appears to meet the minimum standards of the UDC parking requirements. Drive Through: The applicant has requested approval of the drive through lane on Lot 2, Block 3 as part of the Conditional Use Permit. Staff fmds that it complies with UDC 11-4~ 3.11 and should be approved with the application. Design Review Standards: UDC 11-3A-19 requires that all structures located on Entryway Corridors (as identified on the 2002 Future Land Use Map) be subject to administrative design review standards. Chinden Road in this location is an Entryway Corridor, and the applicant has submitted a Design Review application for concurrent review. Staff is supportive of the submitted application with the following conunents: 1. Architectural Character: The submitted sample building elevations confonn with the architectural standards as follows: · The proposed modifications exhibit fa<;ade modulations, roof line recesses and projections along a minimum of 20 % of the length of the fa<;ade as required; . The proposed modifications clearly define primary building entrances and awnings, windows, or arcades total a minimum of 30% of the fac;:ade length; . The proposed modifications demonstrate roof lines which demonstrate overhanging eaves, two or more roof planes, varying parapet heights, and cornices; . The proposed modifications exhibit at least two changes in color, texture and materials; and . The proposed modifications screen all ground-level and rooftop mechanical equipment as viewed from the property line. 1. Color and materials: The submitted building elevations demonstrate the appearance and use of high quality materials, such as stone and stucco and do not contain prohibited materials or construction. 2. Parking Lots: No more than 70 % of the off-street parking area for the structure shall be located between the front fa<;ade of the building and abutting streets. The site currently contains existing parking in front which is 52 % of the total for the building, and satisfies this requirement. 3. Pedestrian Walkways: Staff [rods that the proposal does not meet the pedestrian walkways requirements, and changes should be as follows: . A continuous pedestrian walkway that is a minimum of eight feet in width shall be provided from the perimeter sidewalk to the main building entrance. The proposal does not depict this required walkway, and staff finds that the applicant shall modify the site and landscape plans prior to submittal for Certificate of Zoning Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004N AR-06-004/PS-06-006 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Compliance to include a walkway from the sidewalk along W. Hightower Drive to the building which complies with this requirement. The walkway shall also be distinguished from the vehicular driving surface through the use of pavers, brick, or colored/scored concrete. 4. Variance Application (V AR-06-006): Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the Idaho Transportation Department (!TO). In a letter dated February 13, 2006, the ITD states: "Direct access from this development to US-20/26 will be allowed as established by the Access Management Plan developed by the City of Meridian and ltD. Access will be allowed to US- 20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made aware that in conjunction with said Access Management Plan, the long term future of Jericho Road may be restricted to Right-inlRight-out or closed." There are physical characteristics of the site which demand access points be constructed that are more unique or different than other properties along Chinden Road (US 20/26). As stated above, the future of Jericho Road is uncertain, and access to Chinden Road at Jericho Road may either be restricted or closed entirely in the future. If access to Chinden Road were not granted, it is possible that in the future the access to this development may be eliminated if Jericho Road was the only access point. Granting the access point to Chinden Road (US 20/26) has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing traffic. However, the proposed alignment ofN. Saguaro Hills Way is preferred to the existing alignment of Jericho Road, because it lines up with an existing access on the north side of Chinden Road, Castlebury Avenue. 9b. Staff Recommendation: Based on the above analysis, staff finds the AZIPP/CUPN AR applications substantially conform with the adopted Comprehensive Plan policies and UDC standards. Provided that concerns raised herein can be addressed at the public hearing, we recommend approval of the AZIPP/CUPN AR applications with the conditions shown in Exhibit B. 10. EXHIBITS A. Drawings/MaterialslPhotos 1. Preliminary Plat (dated January 12, 2006, Revised 3-22-06) 2. Landscape Plan (dated March 8, 2006) 3. Site Plan (dated March 9, 2006) 4. Materials List 5. Proposed Elevations (no date) B. Legal Descriptions C. Conditions of Approval 1. Plarming Department 2. Public Works 3. Fire Department 4. Police Department Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004N AR-06-004/PS-06-006 Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 5. Parks Department 6. Sanitary Services 7. ACHD D. Required Findings from UDC- 1. Annexation 2. Preliminary Plat 3. Conditional Use Penmt 4. Variance 5. Private Street Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004N AR-06-004/PS-06-006 Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit AI: Preliminary Plat (dated January 12, 2006 Revised 3~22-06) "'~1tJ~ ~_ .-.""....."1_...,.. IIPIII!JBfepfn,~ Ile!IIHJiij ISH! lIfe ">> _5~SIII~ . ~IiULlg ;P.ill; r ilU n ";"r~ ~itJ &~."'~ i"q 'lfHp G !s!! ! :81111 I ' J II: ~ .. .. R ~~~)~ JIIIU I. .. I !j I .... ~ ~~)~ ~ U!m ili~ ~ '1"11 I;. 8 H'lii i" ~IJ! g I .~ 8 I II!!-li ~ aniJ a ~:~ I t -0' 1'!~ ll! ! ,'Wd ! IrPJ' ,_ ~ I .Jr", .11 I/I,! J'Plll ~.~"~,_..~,~_.,' -- ill ;~;;:;! I II~I ',II! I 1'"1 "l ~ p >~ Q !i~~o ""0 ~..;j~ ~ ~r~ ~ i~J~~~ >:lIli3W "'" :><-gS2 '" ~!~~ E i :~ p I; ~ II~ Iii S ,~! II~ ~lllbl'lIll1llll- !~. .1. I' ,," .' Ii~'; '1IIIfil Ii ~& It ,I; I~'~ inP i IE I, I" I," "'"'II'"" q '1I,lIhb,11 I!! H~I~ldl ~I 1:lqllll ~I Illoli', '&1, I~ I: I: q I!. II"}'~" PI ~~I'I'III E; ','lIlt~d r I lid I HIGHTOWER SUBDIVISION '.!. 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I~ aiIAiI"I' ;1, Ulil:~11 &;; 11'~0~0, i!~" f~ t Ii I if I;; jiIJII~~~ 10101 ~ HIGHTOWER SUBDIVISION I ,I I' ill'Ht.- i;.: to I Preliminary Plat I' , ,Ill =" t;;;;JiI ,._"",__.._Meridl~~:~..___..==--=. II: I ;. Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit A2: Landscape Plan (dated March 8, 2006) r f i I ! I .IUI" J ~fitt ~. :: I i J. h. nN IIIIU, 1 - .'.,~ ... HIGHTOWER SUBDIVISION Pr 11nary PIal Landscape Plan Meridian, Idaho Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 ExhibitA3: Site Plan (dated March 9,2006) , --~.~-~ l:ii' .11111 H'!~~ 8: "iil ie r 0 !iJ"1 Ii ~ e ~ li--r- 'Ii · i1! z;g"cn:tl ~ifl g ~- ! !~ 8 c: - Q =i' · W~~I! ~~~ I !ll ~ . y Ui i ", -< AI . ~h~ m I III I -- "'$'~O ~ 0- III 12 HUIIU I r Up I'll Y"~ II I ", a!:tI ~~~ ~~~I ; .J ~ 110 c- j!l 8 ~h; ~ I Jj;S~~ lii~ ~ ~I'i ! J JlIIIIIIIll'I! "'! 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HIGHTOWER SUBDMSION ~ Ii ~flfi91 ~ J l 1"1,, Iln ~J I , Conditional Use Site Plan MeridIan, Idaho Exhibit A Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit A4: Materials List Commercial Materials List ~ Stucco exterior walls S Architectural composition shingle roof or tile on pitched roof areas C; Built up roof on flat roof areas C; Aluminum/Glass storefront doors and windows C; Canvas Awnings S Rock/Brick/Wood detailing C; Concrete or Brick walks 1; Striped asphalt drives and parking areas S Professionally landscaped perimeter and interior planter areas Residential Materials List 1; Composition Shingle Roof - Architectural grade and above 1; Horizontal lap siding (wood or similar product type) or combination of lap siding and stucco S Rock, Brick or Wood detailing 1; YinyI or Wood windows 1; Wood or Stucco trim 1; Concrete or Brick walks 1; Concrete driveways 1; Wood fascia 1; Wood railings 1; Aluminum or Copper gutters 1; Grass mow strip 1;, Advanced caliper tree in front yard Exhibit A Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit AS: Proposed Elevations (no date) Exhibit A Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit A Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MA Y 9, 2006 Exhibit A Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit A Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit A Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit A Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 I;; f "f>. : i~i~ ,: ,J :, i f Exhibit A Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit A Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit A Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 \, , .1!.. t, " I ~ , ( A' r ,,,~ ,\ ,~q - ~- r:, i t~: r ~, , Exhibit A Page 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit A Page 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit A Page 17 CITY OF MERIDIAN PLANN[NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit A Page 18 .. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit B: Legal Description - Subdivision FOX Land Surveys, Inc. 4H8 0nmuId Rd, STe 182 111toots. .....0 11 83705 A zaa..342..7H7 11 :zoe..342-7437 FAX ANNEXATION DESCRIPnON A PoR11ON OF THE NoRntwEsr" OF THE NoRlHEAST Y4 OF SecnoN 30, TOWNSHIP 4 NoRrtt, RANGe 1 EAsT. BoIsE Memoow, ADA Coutnv, IDAHO A Portion of the NorthIAl8St 14 of the Northeast % 01 Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada Couriy, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monunent fn8lf<ing the Nonheast Comer of Section 3D, from which a found Brass Cap Monument maoong the North 14 Comerthel'eof bears North 89"51'45" West, a cfJStance of 2,633.96 feet; thence along the Northerly boundary of Section 30 and the Center fine of State Highway 20126. North 89"51'45'" West. a c:Istance of 1,341.98feet to its intersecI:ion with the Center line of Jericho Road. the TRUE POINT OF BEGINNING; thence along the Center line of Jericho Road, SouIh 00029'~ West, a distance of 649,36 feet to its intersection with the EasIBrIy prolongation of the common boundary of property described In Warranty Deed Instrument Number 6943651 and Personal Representatives Deed Instrument Number 104154997; thence along said prolongation and 001I1IOOI, boundary, North 8!r43'30' West, a distance of 616.56 feet to the begiming c:A a CUNe to the left; thence along said curve to the left having a length of 31.42 feet, a radius of 20,00 feet, a central angle of 90"00'00-, tangents of 2OJlO feet, and a /ong chord which bears South 45016'3tr West, a distance of 28.28 feet to a found 4 Inch in:In pipe marking the North- West-Norlheast 1164" oomer of Section 30; thence continuing along the COOITIOI. boundary of property desa ibed in Warranty Deed Insttument Number 8943651 and w.....ay Deed InsIrunent Number 104154997. South 00"14'50" West. a distance of 680.55 feet to the Center-West-Norlheast 1&t1lt comer of section 30 and Ihe Easterly mmer c::ommon to JIfOPEldY described in Personal Representatives Deed Insbunent Nwmer 104154997 and Personal Representatives Deed Instrument Ntnber 104163946; thence along the North 1NS- line of Sedioo 30 and the cormnon boundary of said properties, North OO-56'4T West. a distance of 658.63 feet to the Center-North 1/161h comer of Section 30; Exhibit B Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9,2006 thence along the North-South Center line of Section 30, North OO~2r East, a distance of 857.63 feet to a found 518 inch rebar with plastic cap stamped .PLS 4116" marking the Westerly comer common to property desaibed in Personal Representatives Deed Instrument Number 104154997 and Warranty Deed Instrument Number 102036999; thence along the common boundary of said properties, South 89"49'56" East, a distance of 503.68 feet to a found % Inch reb8r with no cap marking an angte point in said boundary; thence continuing along the common boundary of property desaibed in Personal Representatives Deed Instrument Number 104154997 end Warranty Deed Instrument Number 102036999, North 00"44'44' East, a distano& of 432.00 feet to a founcl1J2 inch rebar with no cap marking the Northerly common comerthereof, on the Souther1y Rlght-of- Way of State Highway 20/26; thenoe North 00"08'15" East. a distance of 40.00 feet to a point on the Norther1y boundary of Section 30 and the Center line of State Highway 20126; thence along said boundary and Center line. South 89051 '45' East. a distance of 786.76 feet to feet to the TRUE POINT OF BEGINNING; Containing 1,046,962 square feet, 24.034 acres, more or less. Refer to attached sketch. Fox Land Surveys, Ino. TmoIhy J. Fox. President, PLS 7612 END OF DESCRIPTION RE~R9'!!~h BY' I , , .J.!.~l f 7 2006 ME,<IOIAH PUBLlO WORKS DEPT. TJF:laj W:\Plqeclll\2OOS\Ds.tJ64.PI:i\Projoo~.doc Exhibit B Page 3 CLTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 LOT 2, BLOCK 1. BlYTHE ESTAlES ;g ~ 0 "11 -/8 ~ z ~~ I ~ g~ z~~;g ~ ~:;Uz'il ~gi> -.: '- -!ll ~~~ ~m l> f4~ ~ "OI~Z ~ 0<'1 z 0 -~2 ~ ;oQ ~f!! B "'III ,,:l- e ~2~~ ~ tp :~ --< ;0 (/lZ ...... . ;;I~ ~~ ~~ f'" !j!fii ~ "'ji1o)o. ~~ g !iit II) C! ~ "","--0 en <D ~ !)> o~ cD ... 1=1 bI t;i ... NOO"44"44"E 4.l2.0Q" <0 it iL ""... ~z cD .,. (J) sxn.'5inr /__ '" II . ..... ~ d ~ :r: z ~ Iii ':;r I ." ~ I;r;:~ ~ 0 , , ili... ~ SiJ I'" 0 )0- !2 !ii! 15:~ ...~z :;u ~ gg'U III;;" "'0 II ~ ~ , I 11I- ""ijlZ: 8 il:~ ::E: ... ':il I G! - B ~ .... ~ !" C) 0 I a ::::J ~ ::u ~ a oor:me z .. I:::iil I II F ; 0 i'll:ii ~ - , .. L I Exhibit B Page 4 NOO'3Ct2rt 857.8Y - - PROP H/F f'RlEHD$ilP lumERAN CHURaf CYIO 101093531 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 IfJ;)(:L~:: f~ ?}' - '!-~n ,"i I';; ,r;"- FOX Land Surveys, Inc. 4898 W Overland Rd, 8TE 182 A Boise, ID A 83705 t. 208-34Z-7957 t\ 208-342.7437 FAX (" /IJ_~;'~\!.",.; _,".~I r.- r:J~)'; 'I" : CC REZONE DESCRIPTION A PORnON OF THE NORTHWEST % OF THE NORTHEAST Y. OF SECTION 30. TOWNSHIP 4 NORTH, RANGE 1 EAsT, BoIsE MERIDIAN, ADA COUNTY. IDAHO A Portion of the Northwest Y. of the Northeast Y. of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monument marking the Northeast Comer of Section 30, from which a found Brass Cap Monument marking the North ~ Comer thereof bears North 89051'45- West, a distance of 2,633.96 feet; thence along the Northerly boundary of Section 30 and the Center line of State Highway 20126, North 89051 '45- West, a distance of 1,697.59 feet to the TRUE POINT OF BEGINNING; thence South 00016'30" West, a distance of 371.75 feet to a point; thence North 69043'30" West, a distance of 433.76 feet to a point on the common boundary of property described in Personal Representatives Deed Instrument Number 104154997 and Warranty Deed Instrument Number 102036999; thence along the common boundary of said properties and the Northerly extension thereof, North 00044'44" East, a distance of 370.72 feet to its intersection with the Center line of State Highway 20126; thence along said Center line, South 89051'45" East, a distance of 430.72 feet to the TRUE POINT OF BEGINNING; Containing 160,459 square feet, 3.683 acres, more or less. Refer to attached sketch. Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 END OF DESCRIPTION TJF:taj w:~5IllS..064.P1:J"IJ'roject\Dcscriplions\564CCdc8c:3.14.Q6.doc Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 ~~ d:>< ~t"'I ~~ ~ 01 OOCll ~~ ~! Cllt02 ~ Exhibit B Page 6 N 00030'27" E 857.63' ..... N ~ (1);;0 fi& ~ en S Ooo14'50"W 660.55' I ~~ ~o00alll II ~ lii ~ "11 "" ID f! I I wfii g~~i~ I : 'I ~ ~ ~~~~~ I, I','. ~ ~~ ~II ~Il I ~ 8~ !i2 ~~~~~~~e ~~rn c~cn~8C:C: ~JiI :i!8J~ ift~~~iii~ ~ ~ ~ ~IO ' OC~:<~ ~)oi "11 ~ iZZ:<NC o m -<t:mlJl~tii -ci ~ i cifi 0_ g~1 orAm tii 2~ Q ~ J;i ~~~ ~ffl flD !!I2J~ ~ ~~ ~iS 2 J\,)~ OlC ~Fii .~ CIl ....m ~~ en - Ol- ~ S 00'30"27" W 471.72' C/) m o ~ co tii en /I m (II 8 en Oil NOO'44'44"E N 044'44" E 472.00' !f675.57' 101.28' 370.72' ..... I al~ ~tl I L- z Q) "'" <<l ~ ~ --'- w .,. eJ' q ~ ~(1 ~O ;tI m (jJ (J) i 1',);:0 )>~ OUt ~ en ~ II cn ..... en in 0} th ~~ ~I *---..~.~~ - -0 S 00"29'46" W . 649.36' JERICHO ROAD ::L- +~~ I I I' I I I I I :~I II 'J ~ ~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 FOX Land SUlVeysl Inc. 4886 W Overland Rd, STE 102 6 Boi., 10 6 83705 A 20&-342-7967 b 208-342-7437 PAX R8 REZONE DESCRIPTION A PORTION OF THE NORTHWEST % Of THE NORTHEAST V. Of SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA CoUNfY,IDAHO A Portion of the Northwest 14 of the Northeast ~ of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monument marking the Northeast Comer of Section 30, from which a found Brass Cap Monument marking the North % Comer thereof bears North 89051'45. Wast, a distance of 2,633.96 feet; thence along the Northerly boundary of Section 30 and the Center line of, North 89b51'45" West, a distance of 2.633.96 feet to a found Brass Cap Monument marking the North Y4 Corner thereof; thence along the North South center line of Section 30, South 00"3Q'2r West, a distance of 471.72 feet to a found 518 inch rebar marking the Westerly comer common to property described in Personal Representatives Deed Il'!strument Number 104154007 and Warranty Deed Instrument Number 102036999, the TRUE pOINT OF BEGINNING; thence along the common boundary thereof, South 89049'56" East, a distance of 503.68 feet to an angle point in the common boundary of said properties; thence along the Southerly projection of the North-South common boundary of property described In Personal Representatives Deed Instrument Number 104154997 and Warranty Deed Instrument Number 1 02036999, South 00044'44. West, a distance of 175.57 feet to a point; thence South 89"45'10" East, a distance of 172.58 feet to the beginning of a non-tangent curve to the left; thence along said curve to the left having a length of 31.42 feet, a radius of 20.00 feet, a central angle of 90"00'00", tangents of 20.00 feet, and a long chord which bears South 45"16'30" West, a distance of 28.28 feet to a point of non-tangency and the Norlhwest- Northeast 11641ti comer of Section 30, marked by a found 4 inch iron pipe; thence along the West-East 1/64111 line of Section 30, South 00"14'50" West, a distance of 660.55 feet to the Center-Wast-NortheaSt 116411I comer thereof; thence along the North 1/1Ef' line of Section 30, North 89"56'42" West, a distance of 658.63 feet to the Center North 1'16111 comer of Section 30; Exhibit B Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 thence along the North..south center Hne of Section 30, North OOQ30'27' East. a distance of 857.63 feet to the TRUE POINT OF BEGINNING; Containing 536,165 square feet, 12.308 acres, more or less, Refer to attached sketch. Fox Land Surveys, Inc. Timothy J. Fox. President, PLS 7612 END OF DESCRIPTION Exhibit B Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 ~"r1 ct>O ~>< I ~~ Z am rJJm ~~ ~~ CIlC"il ~ - S 00.30'27" W 471.72' ~_. N 00"30'27" E 857.63' I I l- I : ~l I) II I I' I. \ I ~ zul I $~ ~ I f:2lij 0 I~ ~ .~ ~ I I~ ~ I. ,I ~ I~ . N 101 I CIJ ao co " ~ "2 ~ " m .... l'.) ~ (X);:O )>' n(X) :;0 m en U\ ~ m Oil NOO044'44"E N "44'44" E 472,00' !f~75.57' 101.28' 370.7"Z .... , f;1~ ~I~ I L (f) ....18 i\:I . . t;; g:J. ~ . ~ "i to.> en ~ )>0 00 :n m (fJ S OO"14'50"W 660.55' I 2~ t>-ooe~11 II' iii ~~~lDE ,I I' ~ ~~ ~ dEl I I I t< :: n;~ ~:: II i @ g i -4!!i g~im~EiQl e ~~Iii ~~~~gz ~f6 ~81~ m~~~~i ~:g ~c:I~ ~~~~~c "'~ o !II ~~mgl~:Aiifi ~ii ~ i m ~ ~~Iii ~~~ ~ gI ~~ ~ -1i i~ ~ ~~ ~~ z f8 g " . .to. ~ c.> "'!: ~I ~ ~I ~ ~l CD ~ ~;p ocn :::u m en ~~ ~~ . - -O-S OO"29'46"W-649.36' JERICHO ROAD I I I' I I r I .... I :~I j ~ ~ +~ ~ ~ Exhibit B Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 FOX Land Surveys, Inc. 4698 W OVerland Rd, STe 182 6 Boise. ID & 83705 & 2fJ8..342..7H7 & 208-342-7437 FAX R15 REZONE DESCRIPTION A PoRTION OF THE NORTHWEST % OF THE NORTHEAST Y. OF SecTION 30. TOWNSHIP 4 NORTH, RANGE 1 EAsT. BoIse MERIDIAN. ADA CoUNTY. IDAHO A Portion of the Northwest ~ of the Northeast ~ of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monument marking the Northeast Comer of Section 30, from which a found Brass Cap Monument marking the North '!4 Comer thereof bears North 89"51'45- West, a distance of 2,633.96 feet; thence along the Northerly boundary of Section 30 and the Center line of State Highway 20126, North 89051'45" West, a distance of 1,341.98 feet to its intersection with the Center line of Jericho Road the TRUE POINT OF BEGINNING; thence along said Center line, South 00"29'46" West, a distance of 649,36 feet to its interseclJon with a line 20.00 feet North of the North.North 116411l'ine of Section 30: thence along a line 20.00 feet North of and parallel with Said 1J84111line. North 89043'30' West. a distance of 616.56 feet to a point; thence North 89045'10" West, 8 distance of 172.58 feet to its intersection with the Southerly projection of the common North-South boundary of property described in Personal Representatives Deed Instrument Number 104154997 and Warranty Deed Instrument Number 102036999; thence along said projection and boundary, North 00"44'44" East, a distance of 276.85 feet to a point; thence South 89043'30' East, a distance of 433.76 feet to a point; thence North 00"16'30" East. a distance of 371.75 feet to a point on the Center line of state Highway 20/26; thence along said Center 6ne. South 89"51'45" East. 8 distance of 355.61 feet to the TRUE POINT OF BEGINNING; Containing 350,318 square feet, 8.042 acres, more or less. Refer to attached sketch. Exhibit B Page 10 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Fox Land Surveys. Inc. Timothy J. Fox, President, PLS 7612 END OF DESCRIPTION TJF:fI\l w;\Prq~5-064.PI]"\Project\De$(:riptions\S64RI5(3.14-06)-doo Exhibit B Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 ~~ ~o mv dl"'l ~~ ~~ ~ UI OO~ ~~ ~~ oofJ ~ ~ N OO~30'2T' E 857.63' ... N (..) g:;u ".' C)CD :;u rn S 00014'50" W 660.55' I ~ ~ ~~: ~:::: II ~ wlii g~i~ I:: I I ~~ i;1~~dll ',',I. ~ ~ ~ ~I~ ~ I I I~ 0 8 ~ ~i~ ::!2:!~fflm~ilD ~ hi ~(j) ~oc CD ~ ~ ~:!j~2~~ i ~ g !IO~ i~~~~~ 31 o !II ,<C IDO~ i1~ ~;: ~~ gz~ ~25it 0(j)0 rn i:) 8~~ ;~i !~ ~ID ~o ~ ~i ~~ g 1\,)::0 (110 ""In Clj!~ ~ Exhibit B Page 12 (J) -z ;:j..:. ...'I.! ~ Gl 0 ;:p. m i z ~ i .j::o. :... w-'!! ~l :E ~I en ~I -" S OO~30'2r W 471.72' (n co (0 o .j::o. <Q UI en " m ~ i:>> CI1 NOO"44'44"E N ~~75]'7' 101.28' ... r Jz ;15 . ~ I L co (:) ".. 1\,);:0 "..:... ~(.7I m (f} ..-....~1Ir 044'44~ E 472.00' 370.72: w m 01) Wo )>0 (') ~ CJ) en (,>g ..... . .... ... 'aj <<;!l!l .~ I I I- I :! I IIJ.! I " I I I f5; I I 81 I I. II ~ zOO I ~~ ~ 1 ~~ 0 I: ~ I ,= ~ I~ II ~ ~ . N !. I 0\ I :L- ~~_ ~ - --0- S 00"29'46" W . 649,36'- JERICHO ROAD r I I I . I I. I . I : ~I j t(: ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 ''''--~"."~~'.:!.,.,.~....;: ~,.;",,, "'"-_.~.'.~~~.l '" ~ \1 '" 3 2:: :>"'>:^ o ill " '" ~~> :i ~S~ ~ rg ~~~~ t1 I~;~~~ ~~~ ~ ~ 5~@ ~ z ~"'f;1~ ~ ~ '" ~ j ! i:e HIGHTOWER SUBDIVISION Rezone Plan Meridian, Idaho , IJ!: I JillllHS ,: 1'1 I :. Exhibit B Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 C. Conditions of Approval 1. Planning Department SITE SPECIFIC COMMENTS- ANNEXATION AND ZONING Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citv Attomev. Bill Nary. at 888-4433 to initiate this process. Staff recommends that the Conunission and Council direct the City's Legal Department to draft a development agreement for Hightower Subdivision as follows: 1. That all future development 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. That all future development of the subject property shall be consistent with the applicant's conceptual plan unless otherwise modified by other provisions of the DA. 3. 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. 4. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That 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 inigation. 7. That prior to issuance of any building pennit, the subj ect property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That development of the commercial lots shall comply substantially with the submitted CUP site plan dated March 9,2006 and the sample elevations and materials list in Exhibit A of the staff report for the hearing date of April 6, 2006. 9. That development of the residential lots shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of April 6, 2006. 10. The apolicant shall place five gallon arborvitae at four feet on center along the shared property line of the adiacent property to the west owned by Tom BUlick. 11. The homes on Lots 2. 3. 4. and 5 of Block 10 shall be limited to 25 feet in height. 12. That the applicant consents to the vacation of Jericho Road. and that the owner aerees to submit an apulication for Vacation or Exchanee of Ri2ht-of-wav for Jericho Road to the City of Meridian and to the ACIID urior to or concurrent with submittal of a final plat auplication. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat prepared by The Land Group, dated January 12, 2006 (revised 3-22-06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-06-003) and Conditional Use Pennit (CUP-06-004) applications shall also be considered conditions of the Preliminary Plat. The applicant shall remove two townhouse lots and ensure that all lots meet the frouta2e reQuiremeuts of the zone (see Condition 1.1.5 below), 1.1.2 Create an open space easement for the required 25-foot wide landscape buffer along the east boundary of Lots 2 and 4, Block 3. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. 1.1.3 The landscape plan prepared by The Land Group, labeled Sheets L1.1, is 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. 1.1.4 The applicant shall construct along Chinden Road a landscape berm and wall consistent with the requirements contained in the letter from Sue Sullivan, ITD, dated February 13, 2006. 1.1.5 The applicant shall work with Planning Department staff on the layout and access of Lots 5-14, Block 6 in order to comply with UDC 11-6C-3D regarding common drives. The revisions shall be submitted to the Planning Department no later than 10 days prior to the City Council hearing on the applications. 1.1.6 Maintenance of all common areas shall be the responsibility of the Hightower Subdivision BusinesslHome Owners Association(s). 1.1.7 Per ACHD and Meridian Fire Department comments, parking shall be restricted on Menara Avenue, Torre Way, and Torre Place to one side of the roadway due the reduced 29-foot street section. Coordinate with ACHD and the Meridian Fire Department (Joe Silva at 888-1234) for proper signage of the parking restriction. 1.1.8 Per comments from the Meridian Fire Department, the applicant shall revise the plat to show a temporary fIre apparatus turnaround easement at the terminus of Menara Avenue. Contact the Meridian Fire Department (Joe Silva at 888-1234) to coordinate proper sizing and location of the turnaround. 1.1.9 Lots 5, 6, 7,8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and 16, Block 4 shall take access from common drives. 1.1.1 0 The applicant shall revise the plat to depict the required lO-foot wide street buffer easements along the north side ofW. Hightower Drive on the commercial lots. 1.1.11 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.12 Provide cross access/cross parking easements for Lots 2,3, and 4, Block 3. 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. 1.1.13 The applicant shall continue to work with the Idaho Transportation Department on the possibility of acceleration-deceleration lanes on Chinden Road as referenced in the letter from ITD dated March 30, 2006. 1.1.14 The applicant shall add a note to the face of the plat that references the Right to Farm Act. CITY OF MERIDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9,2006 1.1.15 Direct lot access to Chinden Road and Jericho Road is prohibited. A note shall be placed on the final plat restricting access to Chinden Road and Jericho Road. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.1.16 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.17 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. 1.1.18 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 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 permitted under UDC 11-3A-18. If the stormwater detention facility cannot be incorporated into the approved open space and stilI meet the standards of UDC 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. 1.1.19 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. 1.1.20 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. 1.1.21 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. 1.1.22 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.1.23 Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC 11-6A. SITE SPECIFIC CONDITIONS--CONDITIONAL USE PERMIT 1.1.24 The submitted CUP site plan dated March 9, 2006 is approved and development within the commercial lots shall comply substantially with said plan. 1.1.25 The drive through lane on Lot 2, Block 3 complies with UDC 11-4-3.11 and is approved. 1.1.26 Any roof-mounted mechanical equipment will be screened from view from any public right-ot- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.27 The applicant shall comply with the outdoor lighting standards shown in UDC 11.3A-l1. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 1.1.28 Comply with UDC 11-3A-I2 regarding a screen for the refuse/service area. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Saguaro Canyon. 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 forms 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 conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 No sewer mains shall be allowed with less than the minimum required three feet of cover. The applicant shall coordinate with the Public Works Department for an acceptable solution to this problem. 2.3 Water service to this site is being proposed via extension of mains in Saguaro Canyon Subdivision and Jericho Road. 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 execute standard forms of easements for any mains that are required to provide service. 2.4 The water main that is being run from Jericho Road that is being proposed as an eight-inch shall be upsized to a 1 a-inch, routing of such shall be coordinated with the Public Works Department, and shall include a lO-inch stub to the property to the west. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 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). 2.7 There are numerous lots shown in the R-8 portion of this development as being +/- 50-feet. Minimum lot frontage for these lots shall be 50.feet. 2.8 A drainage plan designed by a State ofIdaho 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 streets. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 The applicant has indicated that the Home Owners Association will own and operate the pressure irrigation system in this proposed development. Since 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" ofthe operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to fmal plat signature on the last phase of this project. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year.round source of water (UDC 11-3A-6). 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, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 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. 2.11 All existing structure not meeting the new setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 All water meters that are located in driveways shall have the meter vaults constructed of traffic rated material per City of Meridian Standard Specification 7.05(W). 2.14 A ten-foot wide Public Utilities, Drainage and Irrigation easement shall be dedicated along all rear lot lines, and centered on interior lot lines that are not spanned by attached units. Along public and private right~of-ways the width shall be sufficient to allow for 10 feet past the edge of the sidewalk. 2.15 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. 2.16 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall 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't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.17 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 permits. 2.18 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.19 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. 2.20 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 2.21 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. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers.o 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.25 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. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.27 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 ftre 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 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. 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. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 6. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 7. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 8. For all Fire Lanes, provide signage "No Parking Fire Lane". 9. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 10. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 II. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 12. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than ~ the diagonal measurement of the full development. 13. Building setbacks shall be per the International Building Code for one and two story construction. 14. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 15. 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. 16. 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. 17. Maintain a separation of 5' from the building to the dumpster enclosure. 18. Provide a Knox box entry system for the complex prior to occupancy. 19. The first digit of the Apartment/Office Suite shall correspond to the floor level. 20. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 21. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 22. Provide exterior egress lighting as required by the International Building & Fire Codes. 23. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. 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). 24. There shall be a fire hydrant within 100' of all Fire Department cOlUlections. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 25. Alleys that serve mews shall be at least 24- feet wide. 26. Buildings or facilities exceeding 30 feet (9144 rom) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 4. Police Department I. 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 W. Saguaro Hills Drive. 2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 3. The loading areas shall be separated from all public parking areas. 5. Parks Department 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-IO) will be followed. 6. Sanitary Service Company 1. No conunents received. 7. Ada County Highway District CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 7. ACHD District Policy 7207.9.3 restricts residential driveways to a maximum width of 20- feet. ;,;. local Residential driveways are to be constructed not more than 2.0 feet wide, paving them the entire width and no less than 30~feet into the site. }:> ACHD understands direct lot access for certain lots in block 5, 6, 7, and a may not be able to meet district offset policy and are approved as proposed. C. Site SDecific Conditions of ADproval 1. Construct West Hightower Drive in alignment with Newberry Street, a 3D-foot wide curb return type access Intersecting Jericho Road, approximately 2BS-feet south of State Highway 20/26, on the opposite side of the street. 2. Locate West Hightower Drive as proposed, approximately 2BO-feet north of the southeast property line (property line to centerline) to approximately 110~feet north of the southwest property line (property fine to centerline). 3. Construct West Hightower Drive as a 4D-foot street section within 54-feet of right- of-way; complete with vertical curb, gutter, 5-foot attached or 7-foot detached sidewalk. Any additional direct lot access In this area other than specIfic approvals In this application are prohibited and will be required to be noted on the final plat. 4. locate a northern access from West Hightower Drive to the commercial development approximately 220-feet east of North Saguaro Hills Way (centerline to centerline) . 5. Locate North Saguaro Hills Way In alignment with Castlebury Avenue, approximately aD-feet east of the northwest property line, transitlonlng south, past the intersection with West Hightower Drive, to where It stubs 120-feet west of the southeast property line (property line to centerline). 6. locate the western access from North Saguaro Hills Way to the commercial development on the east side of the road approximately 170-feet south of State Highway 20/26 (centerline to centerline). 7. Construct North Saguaro Hills Way, from West Hightower Drive north, as a 40-foot street section wIthin 54-feet of right-of-way; complete with vertical curb, gutter and sidewalk. 8. Construct North Saguaro Hills Way, from approximately 310-feet south of the north property line where it Intersects West Hightower Drive, south to stub at the south property line (located approximately US-feet west of the southeastern property line) as a 36-foot street section within 50-feet of right-of-way; complete with rolled curb, gutter and sidewalk. 10 Hightower Preliminary Plat CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF MAY 9,2006 9. Construct Jericho Road as one half of a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk; additional direct lot access in thIs area, other than the specific approvals in this application, are prohibited and will be required to be noted on the final plat. 10. Dedicate a total of 27-feet of Right-of-Way from the centerline of Jericho Road to the new property Hne. 11. Locate West Hightower Drive intersecting Jericho Road approximately 2aS-feet south of the north property line (property line to centerline) alIgning with Newberry Street adjacent to the site. 12. Locate three 29-foot street sections within 42-feet of Right-oF-Way as proposed: a. Praia Way, located Z80-feet west of the east property line (property line to centerline), as a 29-foot street section within 42-feet of Right-of- Way. b. Rail To Street, located lBO-feet to 170-feet west of the east property line (property Ilne to centerline), as a 29-foot street section within 42-feet of Rlght-of~Way. c. Torre Way, located 170-feet west of the east property line (property line to centerline) and running north, as a 29-foot street section terminating with a turnaround 13. Locate the seven stub streets in alignment with other existing streets In the adjacent subdivisions are attached to this report. ACHD's Booroval is contingent On actual alignments. A stub street shall be designed to slope towards the street intersection and drain surface water toward that Intersection and have a sign stating, "This street will be extended In the future." Locate the internal local roadways with stubs as proposed. The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. a. The location of West Hightower Drive A stub street to the west property line located approximately 330-feet south of the north property line (property line to centerline). This stub street Is anticipated to serve the 5-acre parcel located directly to the west. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than lSD-feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. b. The location of North Menara Avenue A stub street to the south property line located approximately SiD-feet west of the east property line (property line to centerline). This stub 11 Hightower Preliminary Plat CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 street is anticipated to serve the S-acre parcel located directly to the south. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than lSD-feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. C. The Location of West Macau Street A stub street to the west property line located approximately 1l0-feet south of the north property line (property line to centerline). This stub street is anticipated to serve the 9,S-acre parcel located directly to the west, Blythe Estates 1993. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be Jess than lSD-feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway, d. The location of North Saguaro Hills Way A stub street to the south property line located approximately HO-feet west of the east property line (property line to centerline). This stub street is anticipated to serve the 55-acre parcel located directly to the south, Saguaro Canyon Subdivision #3 2005. District staff Is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than iSO-feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. e. The location of North Tashkent Avenue A stub street to the north property line located approximately 110~feet east of the west property line (property line to centerline). This stub street is anticipated to serve the 5-acre parcel located directly to the north. District staff Is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than lSD-feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. f. The location of Tallinn Street (west) A stub street to the west property line located approximately lOO-feet north of the southwest property line (property line to centerline). This stub street Is anticipated to serve the parcel located directly to the west, Blythe Estates 1993, District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street wfll be less than lSD-feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. g. The location of Tafflnn Street (east) A stub street to the east property line located approximately lOO-feet north of the southeast property line (property line to centerline). This stub street is anticipated to serve the approximately 4.6 acre parcel located directly to the east. District staff Is supportive of the applicant's 12 Hightower Preliminary Plat CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 proposal. Due to the fact that the proposed stub street will be less than ISO-feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. 14. Locate two private alleys 125.feet south of West Macau Street (centerline to centerline) and 12S-feet north of West Tallinn Street (centerline to centerline.). 15. Construct a cul-de-sac turnaround with island at the terminus of North Torre Place, approximately 130-feet north of West Hightower Drive (near edge to centerline) with a mInimum 29.foot pavement surfacesurroundfng the island and a minimum 45-foot turning radius around the island. 16. The location of the Island located in block 2, lot 1 is approved as proposed. The highway district requests the dedication of Block 2, lot 1 to preserve the Right.of- Way for this particular Island. 17. Construct Local all Residential driveways not more than 20 feet wide, paving them the entire width and no less than 30-feet into the site. 18. Direct lot access for certain lots in block 5, 6, 7, and 8 may not be able to meet district offset policy and are approved as proposed. 19. Provide a letter from !TO outlining their requirements; ACHD will require the applicant to satisfy those requirements as well. 20. Comply with Section D. Standard Conditions of Approval. 13 Hightower Preliminary Plat CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 D. Standard Conditions of ADDroval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. 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. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less toan five years old are not allowed unless approved In writing by the DIstrict. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. 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. 8. The applicant shall submit revised plans for staff approval, prior to Issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance wito all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction In accordance wIth Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 11. It Is tOe 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 ACHO conduits (spare or flfled) are compromised during any phase of construction. 12. No change In the terms and conditions of this approval shall he 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 confirmation of any change from the Ada County HighWay District. 13, 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 subject 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. 14 Hightower Preliminary Plat CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9,2006 Exhibit D. Required Findings from Zoning Ordinance UDC 11-5B-3E. Annexation/Rezone Findings: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall fmd 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 Community' is defmed as "provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII-3. The purpose of these centers is to create a centralized, pedestrian-oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation." City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. 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 plat and conditional use permit (PP-06-003/ CUP-06-004). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. City Council fmds that the proposed residential uses are allowed in the proposed R~8 and R-15 zones. 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. City Council fmds that the proposed C-C zone, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious 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. Staff fmds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. City Council does not find that the proposed zoning/uses will adversely change the essential character of area. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 City Council does not anticipate that the proposed uses will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. Further, City Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit 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. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. On February 10, 2006, 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, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council fmds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. E. The annexation is in the best ofinterest ofthe City (UDC 11-5B-3.E). Citv Council finds that the annexation and zoninlZ of this proDertv to C-c. R -15 and R -8 would be in the best interest ofthe Citv. UDC 11-6B-6: Preliminary Plat Findings ill determining 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; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 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 City 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 Councilor Commission's attention. ACHD considers road safety issues in their analysis. F. The development preserves significant natural, scenic or historic features. City 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. Furthermore 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. UDC 11-5B-6E: Conditional Use Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall fmd evidence presented at the hearing(s) is adequate to establish: A. 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 Council fmds that the site is 24.03 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council fmds that the proposed residential/commercial uses meet the objectives of the Comprehensive Plan as listed in Section 7 of this report. Some of the standards of the UDC are not currently being shown by the applicant's site plan and building elevations. Specifically, the proposal shows a an access to Chinden Road which requires a Variance and building elevations need to be submitted in compliance with the entryway corridor design standards. If the applicant makes these changes, and an access variance is granted, this finding will be met. C. That the design, construction, operation and maintenance will he 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. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The applicant will be required to construct the proposed buffer between land uses where commercial lots abut residential lots. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all AZIPP/CUP 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. E. 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. City Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department. F. 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. City 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. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City 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. City Council 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 of the public. City Council fmds the future buffer between land uses along the property boundary and the use and Chinden Road buffers will help to mitigate noise, fumes and glare created by the additional traffic. H. 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 Inventory does not show any structures or places listed for the subject property. UDC 11-5B-4E: Variance Findings In order to grant a variance, the Council shall make the following findings: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the Idaho Transportation Department (ITD). In a letter dated February 13, 2006, the ITD states: "Direct access from this development to US-20/26 will be allowed as established by the Access Management Plan developed by the City of Meridian and ITD. Access will be allowed to US- 20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made aware that in conjunction with said Access Management Plan, the long term future of Jericho Road may be restricted to Right-inlRight-out or closed." City Council finds that because of this recommendation from ITD, the granting of this variance will not grant a right or privilege that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; City Council finds there are physical characteristics of the site which demand access points be constructed that are more unique or different than other properties along Chinden Road (US 20/26). As stated above, the future of Jericho Road is uncertain, and access to Chinden Road at Jericho Road may either be restricted or closed entirely in the future. If access to Chinden Road were not granted, it is possible that in the future the access to this development may be eliminated if Jericho Road was the only access point. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that granting the access point to Chinden Road (US 20/26) has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing traffic. However, the proposed alignment ofN. Saguaro Hills Way is preferred to the existing alignment of Jericho Road, because it lines up with an existing access on the north side of Chin den Road, Castlebury Avenue. City Council [mds that the granting of the variance will not be detrimental to the public health, safety or welfare and has the potential of increasing the safety and efficiency of traffic movement along Chinden Road (US 20/26). UDC 11-3F-5 Private Street Findings: In order to approve the application, the Director shall [md the following: 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 ofthe streets meets the standards as set forth in UDC 11-3F -4; no gates are allowed. Roadway and storm drainage shall be contained on site. 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 Staff does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed 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. The location of the private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan.